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2004-06-29 Specs Grading ImprovementSPECIFICATIONS FOR KARSTON COVE THIRD ADDITION GRADING IMPROVEMENT PROJECT ALBERTVILLE, MINNESOTA MEYER-ROHLIN, INC. ENGINEERS AND LAND SURVEYORS 1111 HIGHWAY 25 NORTH BUFFALO, MINNESOTA 5531313 June 29, 2004 Project No. 04137 I hereby certify that this plan, specification, or report was prepared by me, or under my direct supervision and I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. MEYER, Profess Lic. No. 6218 i INSTRUCTIONS TO BIDDERS In order for proposals to be entitled to consideration, they must be in accordance with the following instructions: ' A. GENERAL All proposals shall be submitted on forms furnished by the Engineer. All information, lump sums and unit prices requested shall be completely filled out by typewriter or in ink. All corporation bids shall bear the official seal of the corporation. The bid shall be submitted on the unbound proposal forms. A proposal may be withdrawn without prejudice to the bidder by written request prior to the hour of the letting. Proposals so withdrawn may be re-submitted at any time prior to the time set for opening of proposals. The Owner reserves the right to reject any or all proposals and to waive any informalities and irregularities in the bidding. B. QUALIFICATIONS OF BIDDERS All bidders shall submit information necessary to satisfy the Owner that the bidder is adequately prepared to fulfill the contract. Such information shall include past performance records, lists of available personnel, plants and ' equipment, financial statements, or any other pertinent information. C. PREPARATION OF PROPOSAL The bidder shall submit his proposal on the forms provided by the Engineer. The blank spaces on the proposal shall be filled in correctly for every item for which a quantity is given, and the bidder shall state the prices for which he proposes to do each item of work. i The bidder's proposal shall be signed correctly in ink. The signature acknowle es that the bidder dg is providing the information required and has received all Addenda to the Specifications. D. SUBCO NTRACTORS The names and addresses of all subcontractors that the bidder intends to employ on the project shall be listed in the spaces provided on the proposal form. No other subcontractors shall be used on the project without the written approval of the Engineer. t E. BID SECURITY ,-, .. --~ ~-u w a uaaau~cc 111dL I.11C uictaer wui enter mto the ro osed contract within the times ecified. Should the bidder whose proposal has been accepted by the Owner refuse, fail or neglect to execute the contract and furnish a satisfactory surety bond, it is understood and agreed between the Owner and said accepted bidder that the five (5%) percent of bid security shall be the amount of the liquidated damages occasioned by such refusal, failure, or neglect; and that thereupon said Owner shall realize on such bid security and use the proceeds in payment of said damages. The bid security accompanying rejected bids will be promptly returned to the bidders upon the execution of a contract or the rejection of bids. F. PI.~~~;S AND SPECIFIC.-~TIONS Copies of proposal forms, Plans and Specifications, for use by contractors submitting a bid, may be obtained from Meyer- Rohlin, Inc., 1111 Highway 25 North, Buffalo, ~II~t 55313, on deposit of the sum of Forty Dollars ($40.00). This deposit will not be refundable. G. E~~VIINATION OF SITE AND DOCUNtENTS Bidders shall satisfy themselves by a personal examination of the site as to all local conditions affecting the performance of the Contract, such as the structure of the ground, the existence of surface and ground water, availability of drainage, obstacles which maybe encountered, means of approach to the site, and the manner of delivery and handling of materials. The bidder, in submitting his proposal, is deemed to accept all conditions as the same as are eventually found to exist and to waive all claim fox extra compensation arising from the encountering of unforeseen difficulties except as the same are expressly provided for in either the Specifications or the contract. Bidders shall also carefully examine the Plans age read the Specifications before submitting bids on the work to be done. If any bidder contemplating submitting a bid for theproposed contract is in doubt as to the true meaning of any part of the Plans, Spedfications, or other proposed contract documents, he may submit to the Engineer a written request for an interpretation thereof. The clarification of the proposed documents will be made only by an addendum duly issued. A copy of such an addendum will be mailed, faxed, or delivered to each person receiving a copy of the Plans and Specifications or to such other prospective bidders as have requested that they be furnished with a copy of such an addendum. All addenda issued to bidders priar to the date of receipt of proposals shall become a part of the contract documents, and all proposals aze to include the work therein described. Each proposal submitted shall list all addenda by number which have been received prior to the time scheduled for receipt of proposals. H. ADHERENCE TO SPECIFICATIONS All work shall be done in strict accordance with the Specifications and Plans and such addenda as may be issued from time to time by the Engineer. Bidders shall be held strictly to the intent of the Plans and Specifications. I. RETECTION OF BIDS The right is reserved to reject any or all bids or to accept such bid, as in the opinion of the Owner will be to the best interests of the Owner. No bidder may withdraw his bid for at least thirty (30) days after the scheduled closing time for the receipt of bids. J. CONDITIONS IN BIDDER'S PROPOSAL. ~. The bidder shall not stipulate in his proposal any conditions not provided fox on the proposal form. K INTERPRETATION OF ESTIMATES Bidders shall examine to their satisfaction the quantities of work to be done, as determined from the Plans and Specifications. The Engineer's estimate of quantities as shown on the proposal shall be used as a basis of calculation upon which 'the award of contract will be made, but these quantities axe not guaranteed to be accurate and are famished without any liability on the part of the Gwner or Engineer. Bidders must rely on their own calculations and shall be thoroughly familiar with the contract documents. 2 t L. DELIVERY OF PROPOSALS All bids shall be placed in a sealed envelope with a statement thereon showing the work covered by the bid and addressed to the address stipulated in the Request for Bids. Proposals may be mailed or submitted in person. No proyosals received via facsimile shall be accepted No bids will be received after the time set for receiving them. Bids arriving by mail at the office of the Owner after the hour designated for receiving bids will be returned to the sender unopened. The Engineer will not deliver bids to the place of the bid opening. 1 M. RETECTION OF PROPOSALS Proposals may be rejected if they show any omission, alteration of form, additions not called for, conditional bids or alternate bids not specified,. or irregularities of any kind. Proposals in which the prices are obviously unbalanced may be rejected. ' N. DISQUALIFICATION OF BIDDERS More than one proposal for the same projet:t from any individual firm, partnership or corporation unde~the same or different names will not be considered.. Collusion between the bidders will be considered sufficient cause for the ' rejection of all bids so affected. Failure on the part of any bidder to carry out previous contracts satisfactorily, or his lack of experience or equipment necessary for the satisfactory completion of the work, may be deemed sufficient cause for his disqualification. O. UNIT PRICES In case of error in the extension of prices,. the unit bid prices shall govern. The Owner reserves the right to waive any informality in the bids at his discretion. 3 6/30/04 PROPOSAL FORM FOR KARSTON COVE 3RD ADDITION Grading Improvement Project Albertville, Minnesota Bids are due on or before 12:00 PM, July 09, 2004 at the office of Meyer-Rohlin. Owner: Woodside Communities of Minnesota, Inc. Engineer: Meyer-Rohlin, Inc. 13736 N.E. Johnson Street 1111 Highway 25 North Ham Lake, MN 55304 Buffalo, MN 55313 The undersigned, as bidder, hereby proposes and, if this proposal is accepted, agrees to furnish bonds as required and to enter into a contract with the Owner to furnish all materials, labor, skill, tools and equipment for the complete construction of streets and utilities, including all accessories as called for by the Specifications herewith, as prepared by Meyer Rohlin, Inc., Engineers and Land Surveyors, 1111 Highway 25 North, Buffalo, MN, 55313, acting as and in these contract documents entitled as the Engineer for the following estimated quantities and unit prices. Bid Submitter: GRADING Date: No. Item Q Unit Unit Price Total Price 1 Erosion Control Bale Checks 50 LF 2 Erosion Control Silt Fence 3000 LF 3 Wood Fiber Blanket 1000 SY 4 Rock Construction Entrance 2 EA 5 Common Excavation 4400 CY 6 Soil Correction EV 23550 CY 7 Excess Material Haul Off Site 3000 CY 8 Seed, Fertilizer, Mulch 4 AC 9 Wetland & Buffer Area Seeding 1 AC GRADING TOTAL Page 1 II II II II Subcontractors to be used in the work must be shown below. Name Address Name Address If this proposal is accepted, the bidder agrees to commence work and to complete all work according to the schedule in the special provisions. This proposal is submitted after careful study of the plans and specifications and from a.gersonal knowledge of the conditions, both surface and subsoil, at the various sites, which knowledge was obtained from the undersigned's own sources of information and not from any official or employee of the Owner. ' The undersigned does declare this proposal is made without improper connection with any other person or persons making a proposal on this same contract and is in all respects fair and without collusion.. or fraud. and. the _undersigned does_ further.. declare that.. no person.. or persons ' acting in any official capacity for the .Owner is directly or indirectly interested in the proposal herein or in the supplies or works to which it relates or in any portion of the profits thereof. It is understood. and agreed that this .proposal cannot be withdrawn within thirty (30 da s after the opening of bids without the consent of the Owner and that the Owner has the- right to 1 accept the lowest responsive-responsible bidder or reject any or all proposals. ADDENDUM RECEIl'T 1 The receipt of the following Addenda to the. Specifications is acknowledged. Addendum No. Date Addendum No. Date 1 _ _ Legal Name of Person, Firm or Corporation BY ' ADDRESS i P HONE i i~ II CONTRACT AGREEMENT KARSTON COVE THIRD ADDITION GRADING IMPROVEMENT PROJECT THIS AGREEMENT, made and entered into as of the day of 2004, by and between hereinafter called the Contractor, and WOODSIDE KARSTON COVE, LLC, hereinafter called the Owner. WITNESSETH: That the Contractor and the Owner for the considerations hereinafter agree as follows: ARTICLE 1 - SCOPE OF WORK The Contractor shall furnish all of the material and perform all of the work shown on the plans and drawings as described in the specifications entitled, "KARSTON COVE THIRD ADDITION GRADING IMPROVEMENT PROJECT", as prepared by Meyer-Rohlin, Inc., Engineers and Land Surveyors, 1111 Highway 25 North, Buffalo, Minnesota,. acting as and in these contract documents entitled "Engineer". ARTICLE 2 - COMPLETION OF WORK The Contractor shall complete the work as specified within the specifications. ARTICLE 3 - THE CONTRACT SUM The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the unit prices bid and based upon the estimated quantities for the combined estimated sum as set forth in the accepted Contractors Proposal on file with the Owner, to be ($ ) . r ARTICLE 4 - CONTRACT DOCUMENTS The Contract Documents shall consist of the following component parts: 1) The Accepted Proposal 2) 3) Contract Agreement 4) 5) Supplemental Conditions 6) 7) Excavation and Embankment 8) Lawns and Grasses 9) Soil Boring Map - Appendix A 10) Soil Boring Logs - Appendix B 11) Plan Sheets - 04137 Instructions to Bidders General Conditions Special Provisions This Instrument, together with the documents above mentioned, form the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. ARTICLE 5 - PAYMENTS The Contractor shall submit Engineer, as per specificatic payment for all materials, period. The Owner will retain payment until full completion monthly requests for payment to the ins, including lien waivers requesting and labor expended for the payment five (5%) percent of the amount of the of the Contract. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first above written. WOODSIDE KARSTON COVE, LLC BY BY a 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 Prepazed by ..ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and /' Issued and Published Jointly By / ~ Nation ~`~ a/ Society of Professional Engineers A M E R I C A N CONSULTING Professional Engineers in Private Practiee AMERICAN SOCIETY OF ENGINEERS COUNCIL CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by ~~~ The Associated General w ~ t „ Contractors of America ~w~s Construction Specifications Institute ,~.„,~„ o,~ ~~,~,. 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 aze 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.. :: ::::::::::::::::::::: : 00700 _ 6 Defined Terms 1.02 . • .. ... 00700 - 6 Terminology .. .... ARTICLE 2 - ...... ........................ PRELIMINARY MATTERS 00700 - 8 ' 2.01 ....................... .............. Delivery of Bonris ........... . 00700 - 9 2.02 ................. ................... Copies of Documents ... . .00700 - 9 2.03 . .............................. . ..... Commencement of Contract Times; Notice to Proceed 00700 - 9 ' 2.04 ....................... .Starting the Work ................................................ 00700 _9 .00700 - 9 2.05 Before Starting Construction 2 06 ...... ...................... ..... Preconstrucrion Conference .. 00700 - 9 . . 2.07 ......................................... Initial Acceptance of Schedules • 00700 - 10 ' .. .................. , , , 00700 _ 10 ARTICLE 3 - .. • .. • : • .. • • .. • CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .. 00700 - 10 3.01 3.02 Intent .................. ................. ................. Reference Standards . . 00700 - 10 ' 3.03 ...... ........... .......... ..... Reporting and Resolving Discrepancies ............. 00700 - 10 00700 11 3.04 ... . ... ............. Amending and Supplementing Contract Documents - 3.05 ........:.... ........ Reuse of Documents 00700 - 11 ' ARTICLE 4 - .. ........................................ .. ... AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL .CONDITIONS; 00700 - 11 REFERENCE POINTS .............................................. 00700 - 11 4.01 Availability of Lands .............................................. 00700 - 11 4.02 :Subsurface and Physical Conditions :... • 00700 - 12 ' .4.03 ................................ Differing Subsurface or Physical Conditions 4 04 , . , , . . Under round Facilities 00700 - 12 . 4 05 g .......................................... ... Reference Points . 00700 - 13 . 4.06 ..... ..................:................... Hazardous Environmental Condition at Site 00700 - 13 ARTICLE 5 - ............:................... BONDS AND INSURANCE 00700 - 14 5.01 ............ . ........ .... ........... Performance Payment and Other Bonds 00700 - 15 5.02 , , ................ ...........:... Licensed Sureries and Insurers 00700 - 15 ' 5.03 ................................. ...... Certificates of Insurance .................................. 00700 - 15 00700 - 15 5.04 ...... CON7RACTOR's Liability Insurance ................... : 00700 - 15 5.05 ....... ......... OWNER's Liability Insurance ' 5.06 . Properly Insurance 00700 - 16 5 07 .............. . .................. ..... Waiver of Ri hts 00700 - 16 . 5.08 . g ....................................... .... 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 ............................ ....... 00700 - 18 6.01 Supervision and Superintendence ....................... . 00700 - 18 6.02 . ............... Labor; Working Hours 6:03 ..................................... .... Services Materials and E ui t 00700 - 19 6.04 , , q pmen ................................. Progress Schedule 00700 - 19 6.05 ...... Substitutes and "Or-Equals" 00700 - 19 6 06 .......................................... Concernin Subcontractors Su li d O h 00700 - 19 . g , pp ers, an t ers ................. . ........... 00700 - 20 ' 6.07 6.08 Patent Fees and Royalties ........................................... Permits .......... . 00700 - 21 6 09 ...... ..... ............................ . Laws and Re ulations 00700 - 21 . g .............................................. 00700 - 22 ' 6.10 6.11 Taxes .... . ................................................... .................................:... Use of Site and Other Areas 00700 - 22 00700 - 22 6.12 .. ' • . Record Documeras ........................... ........ 00700 - 22 6.13 Safety and Protecrion .............................................. 00700 - 23 ' 6.14 6 15 Safety Representative ........ Hazard Communic ti P 00700 - 23 . .. - • .................................. a on rograms . 00700. - 23 00700 - 3 6.16 Emergencies ...... . 6.17 ..................... ....... ....00700 - 23 Shop Drawings and Samples . , 6.18 .... ................................... .00700 - 23 Continuing the Work ..... 6. T9 ..... CONTRACTOR's General Warranty and Guarantee • • . • ~ ~ • ~ ~ • ~ • ~ • ~ • • ~ ~ • ' ' ' ' 00700 - 24 .6.20 . Indemnification ..... .. . ................. .... 00700 - 25 ARTICLE 7 - .............................. .......00700- 25 OTHER WORK ........ , 7.01 .... Related Work at Site .. ••~~~•••~••~•~•••~~~""""""'••••••00700-26 .... 7.02 Coordination ................................ ... 00700 - 26 ARTICLE $ - .... OWNER'S RESPONSIBILITIES . . • • • • ~ • ~ • ~ • ~ ~ ~ ~ ~ ~ ~ ~ ~ • ~ • • • ~ ' ' ' ' ' ' ' ' ' 00700 - 26 ' 8.01 .. Communications to Contractor ................................... ..:00700 - 26 8.02 Replacement of ENGINEER ............................... ..........00700. - 26 8.03 ............ ....... .. .........00700 - 26 Furnish Data .8.04 ......... Pay Promptly When Due • .................................. 00700 - 26 ' 8.05 Lands and Easements R ...................................00700 - 26 8.06 ; eports and Tests .................... ..00700 - 26 Insurance ......... 5.07 ....... .............................. ..... 00700 - 27 Change Orders .......... ' 8.08 ... ......... Inspections, Tests, and Approvals .... ........................00700 - 27 8.09 Limitations on OWNER's Responsibilities • • • • • - • ~ • ~ ~ • ~ ~ ~ • ~ • • ~ • ~ ~ ' ' ' ' • •00700 - 27 .8.10 • • • " 00700 - 27 Undisclosed Hazardous Environmeraal Conditi ' 8.11 on Evidence of Financial Arrangements . • • • ~ ~ • • ~ • • ~ ~ • • ~ • • ~ ' ' ' ' ' • •00700 - 27 ARTICLE 9 -ENGINEER'S STATUS DURING CON ~ ~~~ - 27 9.01 STRUCTION , ...... . , . .... . _ .......00700 - 27 OWNER'S Represenaative .... ' 9.02 ' ... Visits to Site . ........................ ...... . .....00700 - 27 9.03 .................... . .......... ......00700 - 27 Project Representative .... 9.04 .. Clarifications and Interpretations ........................... .. .... ...00700 - 27 ... 9.05 Authorized Variations in Work .......................... ..... 00700 - 28 ' .9:06 .......................... .......... 00700 - 28 Rejecting Defective Work ... 9.07 .... Sho Drawin s ............. .................... 00700 - 2$ P g ,Change Orders and P 9.08 . ayments 00700 - 28 Determinations for Unit Pri W k •••~••~••••~~••~•~~••~~~~' "' ' ` 9.09 ce or Decisions on Requirements of Contract D 00 ; 9.10 ocuments and Acceptability of Work .... .... , 700 _ 28 Limitarions on ENGINEER'S Authorit and R ibili ARTICLE 10 - y espons ties ................ CHANGES IN THE WORK; CLAIMS • ' ' ' ' ' 00700 - ~ ' 10.01 . ~ ' ' ' ' ' ' •00700 - 29 Authorized Changes in the Work .... 10.02 ............ ..... . . . . . .. . ' ' ' 00700 - 29 Unauthorized Changes in the Work .. 10.03 .... Execution of Change Orders ..... • ~ ~ ~ ~ • • ~ ~ • ~ • ~ • ~ • • ~ ' ' ' ' ' ' ' ' ' • •00700 - 29 10.04 Notification to Surety .. .... ~ ...................... . ... .....00700 - 29 ' 10.05 ... Claims and Disputes .... ............. ...... ..... .... 00700 - 29 ARTICLE 11 -COST OF THE WORK ~ ~ • ' ' ' ' 00700 - 30 11.01 ; CASH ALLOWANCES; UNIT PRICE WORK ' ' ' ' ' • • • • • • • •00700 - 30 Cost of the Work ....... ' 11.02 ... Cash Allowances ..................... ................ 00700 - 30 . 11.03 Unit Price Work .. • ..................................... ..... 00700 - 32 ........................ 00700 - 32 ARTICLE 12 -CHANGE OF CONTRACT PRICE CHANGE OF 12.01 ; CONTRACT TIMES ' ' ' ' ' • • • • • •00700. - 33 Change of Coraract Price . ' 12.02 ......... Change of Contract Times . ....... ........................ 00700 - 33 12.03 12.04 ... Delays Beyond CONTRACTOR'S Control • • • . • • . • ~ ~ ~ ~ ~ ~ ~ ~ • ~ ~ • • ~ • ' ' ' ' ' • • 00700 - 33 Delays WithinCONTRAC ' ......................... ' .......00700 - 33 ' TOR s Corarol 12.05 ~ • • ~ ' ' " ' 00700 - 34 Delays Beyond OWNER'S and CO1VT'RACTOR's Control 12.06 ............ ........ ...00700 - 34 Delay Damages ....... .. ARTICLE 13 -TESTS AND INSPECTIONS; .CORRECTION • • ~~~ - 34 REMOVAL OR.ACCEPT N ' , A CE OF DEFECTIVE WORK .. 13.01 . ........... ........00700 - 34 ........ ...... Notice of Defects ......: 13.02 13 03 ................. 00700 - 34 ... Access to Work ............ ....... ... ......00700 - 34 ....................... T , . ests and Inspections ..... 13.04 ....... ....... . ..... .. ................. 00700 - 34 Uncovering Work ....... ' ' 13.05 ........................ .... OWNER M ~ ......... ` .... 00700 - 35 ~ Stop the Work 13.06 . ................................ ......00700 - 35 Correction or Removal of Defective Work ......... . .. ........... .... 00700 - 35 00700 - 4 II II i~ i~ ii 13.07 Correction Period 13.08 .............................. Acceptance of Defective Work . : . • . • . ~ ~ 00700 ~ 35 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 - 36 .14.03 ...................................:... CONIRACTOR's Warranty of Title . . .... 00700 - 37 14.04 ............................ . .Substantial Completion ...... .... 00700 - 38 14.05 ................................. Partial Utilization ...... 00700 - 38 14.06 ... ................ . ................. . . ...... . Final Inspection ....... 00700 - 39 14.07 ................................. Final Payment ....... ...... . 00700 - 39 14.08 . . ..................... ....... ....... Final Completion Delayed ... .... 00700 - 39 14.09 ...... ....................... ... Waiver of Claims ..... 00700 - 40 ........ . .......................... ... ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 00700 - 40 15.01 ......... .. , , , , , , , . , , OWNER May Suspend Work 00700 _ ~ 15.02 .................................. OWNER May Terminate for Cause : _ 00700 - 40 15.03 ............... ................... OWNER May Terminate For Convenience . 00700 - 40 15.04 .. ............. .... , ..... .. .... CONTRACTOR May Stop Work or Terminate : 00700. - 41 ..................... ......... ARTICLE 16 -DISPUTE RESOLUTION 00700 - 41 16.01 ......................................... .Methods and Procedures 00700 - 41 .................. ................. ARTICLE 17 -MISCELLANEOUS ....... 00700 - 41 17.01 ................................... .... Giving Notice ... 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 . .......................... ............ 00700 - 42 00700 - 5 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY Contract Times, issued on or after the Effective Date of the Agreement. 1.01 Deftned 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 singulaz and plural thereof. 1. Addenda--Written or graphic instruments 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 Paymera-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 xo 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 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract--The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations,. or agreements, whether written or oral. 12. Contract Documents--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. pazagraph are Contract Documents. Files in electronic media format of text, data, graphics,. and the like that. may be furnished by OWNER to CONTRACTOR are not Contract Documents. ~~ J 13. Contract Price-The moneys payable by OWNER- to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve 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. u 0 r i~ L 1 '1 C 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 chazacter of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means- the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER--The individual or entity named as such in the Agreement. 20. ENGINEER'S Consultara--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. Laws and Regulations; Laws or Regulations-Any and .all applicable laws, .rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having. jurisdiction. 26. Liens--Chazges, security interests, or encumbrances upon Project funds, real property, or personal property. 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. Nonce of Award--The written notice by OWNER to the appazent successful bidder stating that upon timely compliance by the appazent 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. 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 tTtilization-U.se 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 prepazed 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. Residetu Project Represeraative-The authorized representative of ENGINEER who. may be assigned to the Site or any part thereof. 00700 - 7 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings--All drawings, diagrams, illustra- tions, schedules, and other data or information which are specifically. prepared 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 ftunished 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--All underground pipelines, conduits, ducts, cables, wires, .manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any :encasements containing such facilities,. including those that. convey electricity, gases, 00700 - 8 A. Intent of Certain Terms or Adjectives 1. Whenever 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,. thee. completed Work. for compliance with the- requirements of and information in the Contract Documentsand 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• r i i steam, liquid petroleum products, telephone or other communications, cable television, water, .wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 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 by 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. 1 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 LJ 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 calendaz day of 24 hours measured from midnight to the next midnight. C. Defective C 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 final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accor- dance with pazagraph 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 cleazly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the .Contract Documents, words or phrases which have swell-known technical or construction industry or trade meaning are used. in the Contract Documents in accordance with such recognized meaning. n 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 eazlier. 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 Documenus: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compaze 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; 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 apgropritate 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 pazagraph 2.OS.B, procedures foi 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 pazagraph 2.05.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. 1. 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. 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 aze eompiementary; .what is called for by one is as binding as if called for by all.: B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract 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 nonspecifically 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 n [] u 0 ~II~ n ~~~ CI' 0 l ii J except as may be otherwise specifically stated in the 3.04 Amending and Supplementing Contract Documents 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 a~ Law or Regulation applicable to the performance of the Work or of any standazd, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to .ENGINEER in writing atonce. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by pazagraph 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 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 clazification. 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) prepazed by or beazing 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 adoption 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 1. Except as maybe 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}. 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 relatedto 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 pazagraph 10.05. ' 00700 - 11 ii 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. 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 Ph~~sical 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 ENGIN)ER 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 thereto; or 2. other data,. interpretations, opinions, and information .contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other. data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Nonce: If CONTRACTOR believes that any ubsur- ` 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. r III ~i 00700 - 12 0 I ~~ ~J 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER 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 aze 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 itt pazagraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants. shall not be liable to CONTRACTOR for atry claims, costs, losses, or 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) sustained by CONTRACTOR on or in connection-- with any other project or anticipated project. 4.04 Underground Facilities C 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: 1. OWNER and ENGINEER shall. not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is .uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming awaee thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by pazagraph 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 aze 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 a~ such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in pazagraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering. surveys to establish reference points for construction which in ENGINEER's judgment aze necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, .shall protect and preserve the established reference points and property ' 00700 - 13 n monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point. or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, .and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Coed{rion at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: .CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings aze 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 Hazazdous 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. fora 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 Hazazdous 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 shad promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take- corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any. required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and atry 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 a~ 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 parry may make a Claim therefor as provided in pazagraph 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 butnot limited to all fees and chazges-of engineers, azchitects, attorneys, and other professionals. and all court or arbitration ,or other dispute resolution costs) arising .out of or relating to a Hazazdous 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 r 0 ' in this pazagraph 4.06.E shall obligate OWNER to indemnify of paragraph S.O1.B, CONTRACTOR shall within 20 days any individual or entity from and against the consequences of thereafter substitute another Bond and surety, both of which that individual's or entity's own negligence. shall comply wtth the requirements of paragraphs S.O1.B and 5 A2. 0 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 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 created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this pazagraph 4.06.F shall obligate CONTRACTOR to indemnify a~ individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of pazagraphs 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 fmal payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as aze required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as aze named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring. 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 acertified copy of such .agent's authority to act. C. If the surety on any Bond. furnished by CON- TRACTOR is declared banlaupt 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 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 aze 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 azise 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 aze 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; 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 paza- 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 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 1 1 u A. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.04, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability .insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 5.06 Properrylnsurance 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, ENGIIv'EER'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); 00700 - 16 i~ l~ i ~. ~i n u 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 ma;nta,.~ned ~ 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 theinterests 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 S.Ob 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 other 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. 5.08. Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance .required by pazagraph 5.06 will be adjusted with OWNER and made. payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.08.B OWNER shall deposit in a 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 parries 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 arty 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 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, Acloiowledgment of Property Insurer A. If OWNER finds it necessary to occupy oruse a portion or portions of the Work prior to Substantial Completion of all the Work as provided in .paragraph .14.05; no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph. 5.06 have acknowledged notice thereof and in writing .effected a~ 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 a~ 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 Documents. 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 shallhave authority to act on behalf of CONTRACTOR. All. communications given to or received from the superintendent shall be binding on CONTRACTOR. 00700 - 18 G ~i t_J 1 f n 0 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 adjaceni 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. Ali 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 pazagraph 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 similaz so that no change in related Work will be required, it may be considered by ENGINEER as an "or-equal" item, in which case review and approval of the proposed item may, in ENGINEER'S sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this paragraph 6.OS.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable _ judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance,. strength, and design chazacteristics; (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. Subsritute 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 pazagraph 6.OS.A.1, it will be considered a proposed substitute item. required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, b. CONTRACTOR shall submit sufficient sequence, or procedure of construction approved by ENGI- NEER. CONTRACTOR shall submit ffi i information as provided below to allow ENGINEER to determine that. the item of material or equi ment su c ent information to allow ENGINEER, in ENGINEER's sole discretion, to d i ' p .proposed is essentially equivalent to that named d eterm ne that the substitute proposed is equivalent to that an . an acceptable substitute therefor. Requests for expressly called for by the Contract Documents, ..The prose- dure for review by ENGINEER ill review of proposed substitute items of material or i w be similar to that. provided in subparagraph 6.OS A 2 equ pment will not be accepted by ENGINEER from . . . anyone other than CONTRACTOR. C. Engineer s Evaluation: ENGINEER will be allowed c. The procedure for review by ENGINEER submittalbmade eurs~ winch to evaluate each proposal or t will be as set forth m paragraph 6.OS.A.2.d, as .ENGINEER will be the sole judgehof ac a tabilit 05 supplemented in the General Requirements and as ENGINEER may decide is appropriate under th y No "or-equal" or substitute will be ordered, installed or utilized ' e circumstances until ENGINEER S review is complete, which will be . evidenced by either a Change Order for a substitute or an d. CONTRACTOR shall first make written approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR i application to ENGINEER for review. of a proposed n writing of any negative determination substitute item of material or equipment that . CONTRACTOR seeks to furnish or use. The application shall certify that the d D. Special Guarantee: OWNER may require CON- propose substitute item will perform adequately the functions d TRACTOR to furnish at CONT'RACTOR's expense a special an achieve the results called for by the general design, performance guarantee or other surety with respect to any substitute be similar in substance to that specified, and be suited . ' to the same use as that specified. The application will state the extent if a hi E. ENGINEER'S Cost Reimbursement: ENGINEER will , ny, to w ch the use of the proposed substitute item ill record time required by ENGINEER and ENGINEER'S w prejudice CONTRACTOR's achievement of Substantial Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6 OS A 2 a d 6 OS B Completion on time,. whether or note use of the proposed substitute item in the Work will require a . , . n . . .and in making changes in the Contract. Documents (or in the i i change in any of the Contract Documents (or in the prov s ons of any other direct contract with OWNER for work on the Project) occasioned th b provisions of any other direct contract with OWNER for work on the Project) to ada t the desi t h ere y. Whether or .not ENGINEER approves a substitute item so proposed or p gn o t e proposed substitute item and whether or not submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the .char es of ENGINEER , incorporation or use of the proposed substitute item i i g and ENGINEER's Consultants for evaluating each such proposed n connect on with the Work is subject to payment of substitute. any license fee orroyalty. All variations of the pro- ' posed substitute item from that specified will be identified i h F. CONTRACTOR'S Expense: CONTRACTOR shall n t e application, and available engineering, sales maintenance re i provide all data in support of any proposed substitute or " " , , pa r, and replacement services will be indicated. The or-equal at CONTRACTOR's expense. ' application. will also contain an itemized estimate of all costs or credits that will result directly or indi- 6.06 Concerning Subcontractors, Suppliers, and Others rectly from use of such substitute item, including A. CONTRACTOR shall not employ any Subcontractor costs of redesign and claims of other contractors affected by any resulting change all of whi h ill b , Supplier, or other individual or entity (including those , c w e considered by ENGINEER in evaluating the proposed acceptable to OWNER as indicated in .paragraph 6.06.B), whether initially.. or as a replacement a i h ' substitute item. ENGINEER' may require CON- TRACTOR to furnish additional data about the ro- , ga nst w om OWNER may have. reasonable. objection. CONTRACTORshall not be re i d p posed substitute item. qu re to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work $• Substitute Construction Methods or Procedures: If a against whom CONTRACTOR has reasonable objection. specific means, method, technique, sequence, or procedure of constru i i B. If the Supplementary. Conditions require the identity , ct on s shown or indicated in and expressly of certain Subcontractors; Suppliers, or other individuals or 00700 - 20 [I C 1 i 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 Frice 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 a~ 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 all acts and omissions of the Subcontractors,. Suppliers, and other individuals or entities performing or furnishing any. of the Work just as CONTRACTOR is responsible for CONTRACTOR's own -acts and omissions. Nothing in the Contract Documents 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 xo 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 off cers, 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 particulaz 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 chazges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the. performance of the Work or resulting: from the incorporation in the Work of any invention, design, process, product, or device nor specified. in the. Contract Documents. 6.08 Pernuts 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 aze 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 atl 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 resolutian costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR'S primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but. this shall not relieve CONTRACTOR of CONTRACTOR'S obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids {or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR aze unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in pazagraph 10.05. 6.10 Tazes A. CONTRACTOR shall pay all sales, consumer, use, and other similaz 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 azea, 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 chazges 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. n '~~ 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 a~ 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 mainta;n in a safe place at the Site one record copy of all Drawings,. Specifications, Addenda, Written Amendments, Change Orders; Work. 00700 - 22 D i 0 ~~ f' G' 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 safeguazds 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 ENGIIVEER or ENGINEER'S Con- sultant, or anyone: employed by any of them, or alone 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 a~ 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. limited- 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 pazagraph 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 perfot~ted prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. 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 similaz 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 construe- 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 beaz 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 Drawing and Sample submitted to ENGINEER for review and approval of each such variation. E. ENGINEER'S Review I. 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, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 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 vaziation 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 Workshall be delayed or postponed ' pending resolution of any .disputes or disagreements, except 00700 - 24 n~ i~ ~; n i 1 as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. b.19 C01VT'RACTOR's General Warranty and Guararaee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and wilt not be defective. CONTRACTOR's warranty and guazantee 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 teaz 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 ui 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 a~ part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal of the issuance of a notice of acceptabil- ity by ENGINEER; 7. any inspection, test, or approval by others; or 8. arty correction of defective Work by OWNER. 6:.20 Indemnification 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 consultants 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 chazges of engineers, azchitects, attorneys, and other professionals and all court or azbitration or other dispute resolution costs) arising oui 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 itself), 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 regazdless 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 pazagraph 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 riot 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 prepazation 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: L written notice thereof will be given to CON- TRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR aze 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 pazagraph aze for the benefit of such utility owners and. other contraciors to the extent that there aze compazable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under: this :Article 7, CONTRACTOR shall inspect such other work. and promptly report to ENGINEER in writing any delays, defecis, or deficiencies in such. other work that render it unavailable or unsuitable for the proper execution and. results of CON'rRACTOR's Work. CONTRACTOR'S failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR'S Work except for latent defects and deficiencies in such. other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the .Site, the following will be set forth in Supplementary. 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. 8.04 Pay Promptly When Due A. OWNER shall make-payments to CONTRACTOR promptly when they aze due as provided in pazagraphs 14A2.C and 14.07.C. 8.05 Lands and Easemerus; Reports and Tests A. OWNER'S duties in respect of providing lands and easements and. providing engineering surveys to establish reference points aze set forth in pazagraphs 4.01 and 4.05. Pazagraph 4.02 refers io OWNER'S identifying and making available to CONTRACTOR copies of reports of explorations 00700 - 26 IJ u 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 prepazing the Contract Documents. 8.06 Insurance` A. OWNER's responsibilities, if any, in respect to pur- chasing and maintaining liability and property insurance aze set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in pazagraph 10.03. 8.08 Inspections, 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 Environmeraal Condition A. OWNER'S responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in pazagraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract .Documents, OWNER'S responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Represe~ztative 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 towazd 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 aze subject to all the limitations on ENGINEER'S authority and responsibility set forth in paragraph 9.10, and-particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR'S Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 ProjecrRepresentative A. If OWNER andBNGINEER agree, ENGINEER will furnish- a Resident Project Representative to assist ENGINEER in providing more extensive. observation of the Work. The responsibilities and authority and limiiations thereon of any 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 1 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. 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, aClaim 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 aze 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 rejeci 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. 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. 9.08 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. 9.09 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 pazagraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this pazagraph 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 D G C ~.. I~_ u i~ J I i~ a 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 final Application for Payment and accompanying documentation and all mainte- nance and .operating instructions, schedules,. guazantees, 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 pazagraph 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 a~ 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 paza- 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 pazagraph 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 CONTR.ACTOR'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 pazagraph 12.O1.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of pazagraph 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 party shall submit. any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). 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 PPPosmg P~3'. 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 the. 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 party, if any. 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 FRICE 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 pazagraph 11.Ol.B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus .the .cost of fringe benefits, which shall include social security contributions, 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. 00700 - 30 ~: i~1 C i Cl J r ~~ '1 ~, G' 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 atry, 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. n 5. Supplemental costs including the following: a. The. proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR'S employees incurred in discharge of duties connected with the Work. b. Cost,. including transportation and mainte- - nance, of all materials,. supplies, equipment, machinery, appliances, office, and temporary facili- ties at the Site, and hand tools not owned by the workers, which aze consumed in the performance of the Work, and cost, less marketvalue, of such items used but not consumed which remain the property of CONTRACTOR.. 0 f 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 egtpment, ma- chinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. .Sales, consumer, use, and other similaz ' taxes .related to the. Work, and for which CON- TRACTOR is liable, imposed by Laws and Regu- lations. ~~, i; 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 Size, expressage, and simiiaz .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 incitran~e 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, azchitects, 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 ofthe Work and not specifically included in the agreed upon schedule of job- classifications referred to in paragraph 11.O1.A.1 or specifically covered by paragraph 11.O1.A.4, all of which are to be 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. 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 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 Iiable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and malting good any damage to property. 5. Other overhead or general .expense costs of any kind .and the costs of any item not specifically and expressly included in paragraphs 11.O1.A and 11.O1.B. C. CONTRACTOR'S Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR'S fee shall be determined as set forth in the Agreement. When the value. of any Work covered by a Change Order or when-. a Claim for. an adjustment in ContracrPrice is deteimined 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 11A1.A and i1.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 Alloowances 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 A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit .Price. Work times the estimated quantity of each item as indicated in the :Agree- went. The estimated quantities of items of.Unit Price Work aze not guazanteed and aze 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 subjeci 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 10.05 if: L 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 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 havingincurred 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. n ~i~ n 0 u 1 ~i ~~i ~i nl 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 parry 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 a~ Work covered by a Change Order ' or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit ' prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of paragraph .11.03 ); ' or 2. where the Work involved is not covered by unit ' prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with pazagraph 12.O1.C.2);, or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agree- merit 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 pazagraph 11.01) plus a ' CONTRACTOR'S fee for overhead and profit (deter- mined asprovided in paragraph 12.O1.C). C. CONTRACTOR'S Fee: The CONTRACTOR'S fee ' for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or ' 2. if a fixed :fee is not agreed upon, then a fee based on the following percentages of the various ' portions of the Cast of the. Work: a. for costs. incurred. under paragraphs 11.O1.A.1 and 11.O1.A.2, the CONTRACTOR's ' fee shall be 15 percent; b. for costs incurred under paragraph ' 11.O1.A.3, the CONTRACTOR'S fee shall be five percent; ' c. where one or more tiers.of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of pazagraph 12.01. 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 11.01. 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 aze in- volved in a~ one change, the adjustment in .CONTRACTOR'S fee shall be computed on the basis of the net change in accordance with paza- graphs- 22.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 a~ Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR'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 pazagraph 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 Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. to CONTRACTOR. All defective Work may. be rejected, corrected, or accepted as provided in this Article 13. 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 Subcontractor or Supplier shall be deemed to be delays within the. control of CONTRACTOR. 12.05 Delays Beyond OWNER'S and CONT'RACTOR'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 control 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 Subcontractor, 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 pazagraph 12.06 bazs 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 DEFECTNE WORK. 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given 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 Irespecrions A. CONTRACTOR shall give ENGINEER timely noiece 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: 'I ~~ ~i ii r 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 pazagraph 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 a~ 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 CON'TRACTOR'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 L u ~J 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 portionof .the Work in question, furnishing ail ' 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 all court or azbitration 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 atry 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 shad 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, azchitects, attorneys, and other professionals and ail -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 yeaz 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. chazges 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 nor 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 fl item may start to run from an eazlier 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. CONTR.ACTOR's obligations under this paragraph 13.07 aze 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, azchitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept .such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value- of the Work to the extent not otherwise paid by .CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10A5. If the acceptance occurs after such recommendation, anappropriate atnount 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 all 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 atlow 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 pazagraph. C. Ali 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 chazged 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. i ~_~ ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION. 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 pazagraph 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. 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 paymetts on account of Unit Price Work will be based. on the number of units completed. ' B. In exercising the rights and remedies under this paragraph, .OWNER shall proceed expeditiously. In n~ ~~ ~i fl n n i~ 7 00700 - 36 ' ii nnn n C J 14.02 Progress Payments A. Applications for Payments 1. 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. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the .Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER'S recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design profession- al and on ENGINEER's review of the Application for Payment and the accompa~ing 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 final 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, 7 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 paza- graph 15.02.A. 4' C. Payment Becomes Due L 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 to CONTRACTOR. D. .Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR'S performance or 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 aze 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.5.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 CONTRACTOR'S Warranty of Title A. CONTRACTOR wazrants and guazantees that title to all Work, materials, and equipment covered by a~ 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 requestthat 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 Substanrial 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 G C i ii ~i C !~ ~'' i i 0 0 ii ~~ i i 'u I ~. 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 guazantees. 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 sepazately 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 its 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 5.10 regazding property insurance. 14.06 Finallrupection 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, guazan- 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 subpazagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment;.and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in pazagraph 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 i B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER'S review of the final Application for Payment-and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR'S other obligations 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. 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 a~ ' special guarantees specified therein, or from CONTRACTOR'S continuing obligations under the Contract Documents; and t 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 WORI{ 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. 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 C027ected 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 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR'S persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under pazagraph 2.07 as .adjusted from dime to time pursuant to pazagraph 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 0070fl - 40 ~I~ J i~ l 7 ii C r i 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 finish the Work as OWNER may deem .expedient. In such case, CONTRACTOR shall not be entitled to receive -any .further payment until the Work is fnushed. If the unpaid balance of the Cottract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 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): ~ L 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 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 ail fees and charges of engineers, azchitects, 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 atributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated proftts or revenue or other economic loss aiising 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. l:n 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 pazagraph 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 pazagraph. 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. , Ifno method and procedure has been set forth, and subject to the provisions of pazagraphs 9A9 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 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 firm 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 mimes 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 a~ 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 pazagraph 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. (b700 - 42 1.0 2.0 ' 3.0 ' 4.0 5.0 6.0 7.0 8.0 ' 9.0 ' 10.0 11.0.. 12.0 ' 13.0 14.0 StTPPL~:I~IENTAI, GENER3T, CONDITIONS ~`AB~LE OF :CONTENT`S General Defined Terms (GC-1) Contract Bonds, Workmen's Compensation and Insurance (GC-5) "Or Equal" Equipment (GC-6.05) Subcontractors and Suppliers (GC-6.06) Separate Contractor Claims (GC-6.20.A) Engineer's Status During Performance of the Work {GC-9) Correction Period (GC-13.07) Unit Price Work (GC-11.03) Application for Progress Payment (GC-14.02) Lien Waivers (GC-14.02) State of MN Withholding Requirements (GC-14.07.A2) Arbitration (GC-16) Failure to Complete Work on Time 1 SUPPLEMENTAL GENERAL ,CONDITIONS ' 1.0 GENERAL , These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC No. 3910-8, 1996 edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full .force and effect.. e ' The r ference in arenthesi p s for each item in these Supplementary Conditions corresponds to the relevant section of. the .General Conditions which is modified by the Supplementary:.Conditons. ' 2.0 DEFINED TERMS (GC-1) The terms used in these Supplementary Conditions which are defined `in the 'Standard Conditions of the Construction Contract (No. 1910- 8; 1996 edition) have the meanings assigned to them in the General ' Conditions. Completion Date(s): Shall be the date(s) stated in the Special ' Provisions for the completion of the work. 3.0 CONTRACT BONDS, WORKMEN S COMPENSATION & INSURANCE (GC-S) A. Contract Bond (GC-5.01} Prior to signing the contract, the Contractor shall furnish a ' performance .bond and alabor and material payment bond to the Owner and the local municipality .for the. full amount of the contract, based on the lump sum. bid on the anticipated ' quantities and unit prices as determined by the Engineer. This .bond. shall havea maintenance guarantee..for a period of two (2) years .from final completion and acceptance of the work. B. Liability Insurance (GC-5.04) The Contractor shall, as provided in the General Conditions,. obtain insurance acceptable to the Owner in a company or companies acceptable to the Owner and shall furnish copies of all certificates of insurance to the Owner at the time he _executes the Contract. The Contractor shall not commence work nor shall he allow his employees or subcontractors or anyone to commence work until 2 i~ 11 11 n II II II all required insurance has been obtained and certificates of insurance submitted to the Owner.. The Contractor shall take out and maintain at all times during the entire period of performance and until. the work is accepted .by the Owner under this contract the required policies of insurance. The limits of liability for the .insurance required by paragraph 5.3 of the General Conditions shall provide coverage for not less than the amounts stated in the purchase order terms and conditions or greater where required by laws and regulations. (1) Worker`s Compensation, etc., under paragraphs 5.04.A1 and 5.04A2 of the General Conditions: -State: Statutory -Applicable Federal (e.g. Longshoreman's): Statutory -.Employer's Liability $100,000 (2) Comprehensive .General Liability under ..paragraphs 5.04.A3 through 5.04.A5 of the General Conditions: -Bodily. Injury .(including completed operations and products' .liability): $250,.000 Each Occurrence $500,000. Annual Aggregate -Property Damage: $250,000 Each Occurrence $500,000 Annual Aggregate or combining single limit of $1,000,000 -Property Damage Liability. insurance will provide explosion, collapse and underground coverages where applicable. -Personal Injury, with employment. exclusion .deleted: $500,000 Annual Aggregate (3) Comprehensive Automobile Liability under paragraphs 5.04.A6 of the General Conditions: -Bodily Injury: $250,000 Each Person 3 ~i $5D0,000 Each Occurrence -Property Damage: $250,000 ~i Each Occurrence or combined single limit of $1,000,000 ,i C.' Contractual Liability Insurance (GC-5.04B) The Contractual Liability required by paragraph 5.4 of the General Conditions shall provide coverage for not less.than ' the following amounts: -Bodily Injury: $500,000 Each Occurrence P a - roperty Dam ge: $250,000 Each Occurrence . $500,Ob0 Annual Aggregate ' D. Owner's Liability Insurance (GC-5.05) The Owner and Meyer-Rohlin, Inc. shall be named and listed as , additional insured on the Contractor's general liability policy. .The inclusion of more than one named insured shall :not operate or impair the rights of one insured against ' another insured, and the coverages afforded shall apply as though separate. policies has been issued to each insured. " " E. All-Risk Pro ert Insurance GC-5.06 .A2 P y ( ) .Delete paragraph 5.6 of the General Conditions in its entirety and insert .the following in-its place's ' "Contractor shall purchase and maintain until final payment property insurance upon the work at the site to the full insurable value thereof (subject to such deductible amounts s may be provided in these Supplementary Conditions or required by laws and regulations). This insurance shall ' include the interests of Owner, Contractor, Subcontractors, Engineer and Engineer's consultants in the work (all of whom. shall be listed as insured or additional insured parties), .shall insure against the perils of fire and extended- coverage, shall include "all-risk" insurance>for physical .loss and damage including theft, vandalism and malicious ' mischief, .collapse and water damage, and such other-perils as may be'provided in these Supplementary Conditions, and shall include damages, losses ..and expenses arising out of or resulting from any...:insured loss or incurred in the repair or replacement of any insured. property (including by not limited to fees and chargss of engineers, architects, attorneys and ' 4 , other professionals). If not covered under the "all-risk" insurance or .otherwise provided in these Supplementary Conditions, Contractor shall purchase and maintain similar property insurance on portions of the work stored on and off ' the site ar in transit when such portions of the work are to be included in an application for payment. The policies of insurance .required to be purchased and maintained by ' Contractor in accordance with this paragraph 5.6 shall comply with the requirements of GC-5.8". F. Boiler and Machinery Insurance GC-5.06.B) Delete paragraph 5.7 of the General Conditions in its :entirety and insert the following in its place:: ii I~~ i 0 "Contractor shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, Engineer and Engineer's consultants in the work, all of whom shall be listed as insured or additional .insured parties. All responsibility for the safety of the work involving any steam boiler or any machinery, including the steam boiler and. machinery itself, shall remain with the Contractor on that part of the work, and shall_so remain until after testing of the equipment has shown it to be acceptable to the Owner's boiler and machinery insurer, if any, and after such work has been accepted in writing by the Owner." G. Receipt and Application of Property Insurance Proceeds (GC- 5.08) If Contractor is .required to purchase .property insurance, then any insured loss will be adjusted with Contractor and payable to Contractor. H. Certificates of Insurance Certificates and endorsements of all required insurance policies thereof shall be submitted prior to commencing the work. Proof of insurance shall be submitted directly to the Owner for review and approval with a record copy only to the Engineer for this files. The Contractor shall not begin any work until the Owner has reviewed and approved the .Insurance Certificate. If-the Insurance Agent executing the'Insurance Certificate indicates that there are special limitations on the insurance policy, then a copy of policy exclusions must be submitted with the Insurance Certificate. Insurance 5 policies need .not be submitted unless specifically requested by the Owner. ' '4.0 "OR LQUAL";EQUIPMENT (GC-6.05). Major items or mechanical:equipment, electrical equipment, and ' .process equipment have been specified by name followed by the words "or equal". In all cases the dimensions shown on the plans are based on the named equipment. , It shall be fully acknowledged and understood that the furnishing ' and installing of any "or equal" equipment shall include the ,preparation and submission of all details, shop and construction .drawings showing all modifications necessary to accommodate-.such ' equipment. It shall be further acknowledged and understood that if any "or .equal" is bid, the bid shall include all costs necessary to make any and all architectural, structural, mechanical and electrical changes required to incorporate such equipment into'the project. No extras will be allowed after the award of the Contract for any. modifications required to install or properly operate "or;equal" equipment. ' All "or equal" equipment shall conform to the requirements of the . .respective parts and sections of the plans and specifications. Guarantees shall also conform to the Contract Documents. The Contractor shall pay for all redesign costs associated with the retrofitting required for the installation and use.. of "or equal" equipment. T nt ' he Co ractor..shall ac uire the a roval of "or e ual" e i ment q PP q ~ p before installation, if installation includes the incorporation of "or equal".equipment. ' 5:0 SUBCONTRACTORS AND SUPPLIERS (GC-6.06} Refer to the Instructions to Biddersand the'. Special Provisions for any further requirements regarding subcontractor and supplier. approval. ' 6.0 SEPARATE CONTRACTOR CLAIMS (New Section GC-6.20.A) Should Contractor cause damage to the work or property of any. separate contractor at the site, or. should any-claim arising aut of Contractor's .performance of the work at the site be made by and : 6 ' separate contractor against Contractor, Owner, Engineer, the ' Construction Coordinator or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise .resolve the dispute by arbitration or ' at law. Contractor shall, to the fullest extent permitted by laws and regulations, indemnify and hold Owner, Engineer and the Construction Coordinator harmless from and against all claims,. ' damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration casts) arising directly, indirectly ar ' consequentially out of any action, legal or equitable, brought by any separate contractor against Owner, Engineer or the Construction Coordinator to the extent based on a claim arising ' out of Contractor's performance of the work. Should a separate .contractor cause damage to ..the work or property of Contractor or should the performance of work by any separate contractor at the ' site give rise to any other claim, Contractor shall not institute any action,. legal or equitable, against Owner, Engineer or .the Construction Coordinator or permit any action against any of them. to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to rec©ver damages from Owner, Engineer or the Construction ' Coordinator on account of any such damage or claim. If Contractor is delayed at any time in performing or furnishing work by any act or neglect of a separate contractor and Owner and Contractor are ' unable to agree as to the extent of any adjustment in contract time attributable thereto, Contractor may make a claim for an extension of time in accordance with Article 12 of the General Conditions. An extension of the contract time shall be Contractor's exclusive remedy with respect to Owner, Engineer and. Construction Coordinator for any delay, disruption, interference ' or hindrance caused by any separate contractor. This paragraph does not prevent recovery from Owner, Engineer or Construction Coordinator for. activities that are their respective ' .responsibilities. ' 7.0 ENGINEER'S STATUS DURING PERL~'ORMANCE OF THE WORK (GC-9) This section is a supplement to Article 9--Engineer's Status During Construction of the General Conditions. ' A. Owner's Consultant The Engineer, as the design professional, will be the Owner's ' consultant during the performance of the work. The duties and responsibilities and the limitations of authority of the Engineer as the Owner's consultant during. this period are set ' forth in these Contract Documents and will. not be extended 7 without written consent of the Owner and. the Engineer. In the event of an extension of the Engineer's duties and responsibilities, the Contractor will be provided with , wri ten notice of such .amendment. ' B. Role as Interpreter The Engineer will be the initial interpreter. of -the terms anal conditions of the Contract Documents and the judge of the. performance thereunder.. All matters relating to the ' execution and progress of the work., or the interpretation of or performance under .the Contract Documents, shall be referred .initially to the Engineer for decision which will be ' rendered promptly. r ' The Enginee will issue such written .inter retortion of the P Contract Documents (in .the form of drawings or otherwise) as he may determine necessary which will be consistent. with or reasonably..inferable from the overall intent of the Contract Documents. C. Communications with Contractor All communications with the Contractor pertaining to performance of the work will normally be issued through the• ' Engineer. D: Resident Project Inspector ' The Resident Project Inspector will be either the Engineer or the Engineer's agent, as so designated.. The Resident Project Inspector is responsible for assisting the Project Engineer in determining, in general, if the work is completed in accordance with the plans and specifications and Contract .Documents.' ' Communications pertaining to compliance submittals, written interpretations, and amendments shall be directed to the ' Engineer at his home office with copies to the Resident Project Inspector. , Communications ertai - - p ning to day to day operations at the site shall be directed to the Resident Project.Inspector.. ' E. Authority. to Disapprove or Re ect Defective Work J All equipment and materials used and all work done with at all times will be subject to the inspection, to ts, and ' approval: of :the Engineer or his. authorized `representatives. 8 ' The Engineer has the authority to disapprove or reject any ' work which is "defective". He also has the authority to require special inspection or testing of the .work. The Engineer has the authority to disapprove or reject any defective workmanship, equipment or materials. ' If the work is defective or-the Contractor fails to supply sufficient skilled workmen or suitable equipment or materials, the Engineer may order the Contractor to stop the ' work or any portion thereof until the cause for such order has been eliminated; however, this right of the Engineer to stop the work will not give rise to any. duty on the part of ' the Engineer to exercise this right for the benefit of the Contractor or any other party. C L'. i~ F. Limitations on Engineer's Res onsibilities This article states the limitations on the Engineer's responsibility as between the Engineer and the Contractor. Neither Engineer's authority to act under these Contract Documents nor any decision made by him in good faith either to exercise. or not exercise such authority will give rise to any duty or responsibility of the Engineer to the Contractor, any Subcontractor, supplier or manufacturer, any of their agents or employees, or any Qther person performing any of the work. The Engineer is not responsible for construction, safety precautions, and programs incidental thereto. Neither is he responsible for the Contractor's failure to perform the work in accordance with the Contract. Documents. .The Engineer is not responsible for the acts or omissions of any Contractor or any Subcontractor, Contractor's supplier or manufacturer, or any of his or their agents or employees. The presence or absence of the Engineer or his representative will not relieve the Contractor of any responsibility or of any guarantee of his performance. Neither will observation by the Engineer or his representative in any way be understood to relieve the Contractor of any responsibility for proper supervision of the work at all times. The review and acceptance of the Contractor's compliance submittals by the Engineer will be understood to be only for conformance with the design concept, for compliance with the 9 ~i intent.. of the Contract Documents, and to assist the Contractor in interpreting the Contract.Documents, so as to pre~ludedelivery of the .equipment or materials'-not acceptable: for the work. The Engineer's acceptance'of compliance submittals will not place upon him any responsibility for-any .deviations from the .requirements of the Contract Documents unless the Contractor has in writing .called. the Engineer's attention to such deviation at the time of the submission and the Engineer has given written concurrence on the .specific deviation. Such deviations will be included in a contract amendment. G. Engineer's Pay Estimates Any Engineer's pay estimate will constitute a representation by the. Engineer to the Owner that work has progressed to the extent indicated. To the best of his knowledge, the quality of the work is in accordance with the Contract Documents, and the Contractor is entitled to payment of .the amount shown in the Engineer's pay estimate. Rendering the Engineer's pay estimate is not an approval of the. quality. or quantity of the work, the means or methods.. of construction, or the monetary methods used by the Contractor. The Engineer .may refuse to render an Engineer's pay estimate for the. whole or any part of any payment if, in his. opinion, it would be an incorrect representation to the Owner. $.0 CORRECTON PERIOD (GC-13.07) The correction period identified in paragraph 13.12 of the General Conditions is hereby amended tocall fora two (2) year correcton period, which shall commence after completion and acceptance of all the work ident%fied in the plans and specifications. All other requirements of paragraph 13.12 shall remain: in effect. 9.0 UNIT PRICE PORK (GC-11.03) ,i ~i ~i Add the following paragraph: ~ "11'.9.4 If the actual quantity of a unit-priced .item varies ' more than 15°s above or .below the estimated quantity, an equitable adjustment in the contract price shall be' negotiated. upon demand ofeither the Owner or the Contractor. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 or below 850 of the estimated .quantity." , 10 , l 10.0 APPLICATION FOR PROGRESS PAYMENT (GC-14.02) Change the last sentence to read as follows: "The Owner shall retain five (5~) percent of the amount of each payment until final completion and acceptance of all works covered by ,the Contract Documents." 7 i~ J 1'1.0 LIEN ~dAIVERS (GC-14.02) The Contractor shall furnish partial or complete lien waivers along with each payment .request. The lien. waivers shall be submitted by the Contractor, all subcontractors, and all material suppliers on the project. No payment will be authorized unless the lien waivers are received. 12.0 STATE OF MINNESOTA ~PITHHOLDING REQUIREMENTS (GC-14.07.A2) The Contractor and all subcontractors shall submit State farm IC- 134, "Withholding-Affidavit far Contractors" along with the ,final payment request. No payment will be authorized unless the IC-134 forms are received. The Contractor shall also be aware of Minnesota Statute 290.9705 regarding out-of-state contractors. Forms may be obtained from the Minnesota Department of Revenue, Business Trust Tax Division. 13.0 ARBITRATION (GC-16) ' Add the following paragraph: 16.6 "The Contractor will carry on the work and maintain the ' progress schedule during an arbitration proceedings, unless otherwise mutually agreed in writing." ~~ i~ I~ 14.0 FAILURE TO COMPLBTE NORK ON TIME (GC-12.04) Should the Contractor fail to complete the work on or before the original date(s) set forth for completion in paragraph 1 of the Special Provisions or on or before the corrected date as granted by extension of time for completion, the Owner may permit the Contractor to proceed, and in such case, there shall be deducted from any monies due or that may become due the Contractor, the sum of $250.00 per day for each and every calendar day, exclusive of Sundays and holidays, that the work shall remain uncompleted.: 11 This sum.. shall beconsidered and treated, .:not as a penalty, but as the cost of field and office Engineering and. Inspections and Liquidated Damages. ' 'Permitting the Contractorto continue and finish the work or any part of it after the time fixed for its completion, or after date ' to which the-time of completion may have been extended, shall in no way operate as a waiver on the part of the Owner, or as a waiver of any of his rights under the contract.` ' Neither by the taking over of the work by the Owner nor by the termination of the contract shall the Owner forfeit the right to ' recover`lquidated damages from the Contractor or-his surety for :failure to complete the contract. , 12 t 0 ii u SPECIAL PROVISIONS TABLE OF CONTENTS Page 1 1. Project 2. Project Schedule 3. Project Sequencing 4. Foreman and Preconstruction Meeting 5. Construction Staking and Inspections 6. Utilities 7. Contractor-Engineer-Inspector Relationship 8. Subcontractors PAGE 2 9. Incidental Items 10. Responsibility 11. Starting Time 12. Common Excavation 13. Compaction 14. Testing PAGE 3 15. Subsurface Exploration 16. Specifications Which Apply 17. Standard Plates 18. Construction Limits 19. Permit Requirements 20. Lien Waivers 21. Test Rolling 22. Clearing and Grubbing 23. Silt Fence 24. Erosion Control Bale Checks PAGE 4 25. Rock Construction Entrance 26. Protection of Downstream Amenities 27. Excess Material 28. Wood Fiber Blanket 29. Final Surface Leveling and Grading Tol"erance 30. Seed, Mulch, Disk Anchor 31. Wetland Buffer Area Seeding 32. Existing Draintile ~~ ' SPECIAL PROVISIONS PROJECT NO. 04137 ' 1. PROJECT This project consists of erosion control and grading of a 43 unit townhouse community in Albertville, Minnesota. 2. PROJECT SCHEDULE The Project schedule is as follows: July, 2004 - Work may begin ' August, 2004 - Complete grading August, 2004 - Erosion Control & Restoration Complete ' 3. PROJECT SEQUENCING Contractor shall adhere to the following sequence of operations in regards to erosion control: 1. Rock construction entrance; ' 2. Construction erosion control fencing (clear and grub as necessary); 3. Seed, mulch, fertilize and blanket all areas immediately after area has been certified. j~ ~I 4. FOREMAN AND PRECONSTRUCTION MEETING Before work is initiated, apre-construction meeting shall be held between the Engineer, Contractor, Utility Companies and other involved parties, if any. The Contractor will present to the Enaineer an estimated schedule for completion of various portions of the project The Contractor shall inform the Engineer who the foreman on the project will be. The foreman shall be on the job at all times. The foreman shall be responsible for all phases of the project, including work done by the General Contractor and the subcontractor. Engineering decisions with regard to the work done by subcontractors shall go through- the General Contractor and specifically the foreman for the job. 5. CONSTRUCTION STAKING AND INSPECTIONS The Contractor shall give the Engineer at least two (2) working days notice for any grade and line stakes or inspection that he requires for proper execution of any phase of the project. The Contractor shall preserve these stakes until the work is completed. Restaking required due to Contractor negligence will be the responsibility of the Contractor. 6. UTILITIES The Contractor shall be in communication with the respective utility companies to coordinate their schedule with any utility location work that is required. 7. CONTRACTOR-ENGINEER-INSPECTOR RELATIONSHIP The Engineer will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. All phases of the project shall proceed in accordance with OSHA safety requirements. The presence of the Engineer or his agents or employees on the job site shall not relinquish the Contractor of this responsibility or hold the Contractor harmless for the quality of workmanship or defects in materials. 8. SUBCONTRACTORS All subcontractors that the General will use shall be shown on the proposal form The Engineer will not allow any other subcontractor without explicit written permission. The General Contractor shill coordinate all work between his subs and the Engineer. The Engineer will not correspond directly with any subcontractor. Any on- site meetings that are held will be conducted only if the General Contractor's foreman is present. 1 ' 9. INCIDENTAL ITEMS Any and all additional items of work or other items not included as bid items that must be done to fully complete this project shall be incidental to the bid items as bid. ' 10. RESPONSIBILITY The General Contractor shall be fully responsible for all work that is performed on this project. It is the General Contractor's responsibility to see that all specifications and testing requirements are followed. ' 11. STARTING TIME The Contractor shall not engage in or permit construction activities involving the use of any kind of electric, diesel, or gas powered machine or other power equipment, within the hours designated by City Ordinance, with no work on Sundays or legal holidays. Hours to be determined at Pre-Construction meeting. 12. COMMON EXCAVATION Common excavation shall be paid for on a cubic yard basis. The quantity is based upon the labor, materials, equipment, and all other items necessary to create the proposed grades as shown on the plan. All material substitution, such as borrow pits, which may be necessary to establish the proposed grades shall be included in the unit bid price for common excavation. If wet material is encountered, all labor and materials necessary to replace or dry this material shall be included in the unit bid price for common excavation. Topsoil stripping to a depth of 12 inches in building pad and roadway areas shall be incidental to the contract amount. If soil ' correction beyond a depth of 12 inches is required, it shall be estimated with field measurements and will be compensated for at the unit bid price for soil correction. If material drying and/or material replacement is necessary for soil correction, it shall be incidental to the unit bid price for soil correction. 13. COMPACTION The required compaction of all lot grading shall be 95% of the standard proctor density. The required compaction within roadways shall be 100% of the Standard Proctor Density from finished subgrade to a point three (3) feet ' below finished subgrade and 95% of the Standard Proctor Density from three (3) feet or greater below finished subgrade. At the time of the compaction, the moisture content of the backfill soils shall be not less.than 75% or more than ' 115% of optimum moisture content. If moisture content greater than 125% of optimum moisture content is encountered, the Engineer shall revise the compaction requirements to meet the best interest of the Owner. Moisture content versus dry density curves (Proctor Curves) shall be developed utilizing a minimum of six curve ' points. The curve points shall extend to moisture contents of at least 40%. In addition, the Zero Air Voids curve for the soil shall be developed and shown with the Proctor Curves. All areas not conforming to these requirements shall be excavated and recompacted. The Contractor shalt ' supply the engineer at the time of the pre-construction meeting a list of equipment that will be used for backfilling and compaction operation. The Engineer reserves the right to shut down work on the project if this equipment is not utilized during such backfilling and compaction operations. A maximum 12" lift shall be used. Smaller lifts ' may be required to obtain the specified density. 14. TESTING ' The Contractor shall supply the Engineer with documented density test results by an independent testing laboratory. Certification is to be made by the testing laboratory to the Owner, that all excavations and embankments of each building pad and street comply with the Project specifications. The certification shall be forwarded to the Owner prior to final payment. The Contractor shall be responsible for coordinating his ' schedule with the testing firm and all test results shall be documented with respect to plan stationing, depth and location. Copies of all tests shall be given to the engineer at a minimum of once every week 2 n III ' 15. SUBSURFACE EXPLORATION Soil borings have been taken on this project. Soil boring logs are attached to these specifications. The contractor shall conduct a thorough subsurface exploration to satisfy himself of the site's geological condition. ' 16. SPECIFICATIONS WHICH APPLY The Minnesota Department of Transportation "Standard Specifications for Construction", 2000 Edition, together with all supplements thereto, shall govern except as superseded by the attached general Conditions or modified ' herein by the Special Provisions and attached specifications. 17. STANDARD PLATES ' All references to standard plates MHD shall mean the "Standard Plates" of the Minnesota Department of Transportation. All other reference to standard plates shall mean those details attached to the plans. 18. CONSTRUCTION LIMITS ' The Contractor shall confine his activities to the right-of-way or designated construction area. Equipment and material storage or deposition of excavated materials on private property must be approved in writing by the property owners, a copy of which shall be presented to the Engineer prior to such storage or deposition Failure ' to do so will result in immediate suspension of work until such approval has been obtained or materials removed, and area restored to its previous condition or better. 19. PERMIT REQUIREMENTS ' Permit applications have also been submitted to the Minnesota Pollution Control Agency. The Contractor will be required to comply with all the requirements that these agencies may have. ' 20. LIEN WAIVERS The Contractor shall furnish partial or complete lien waivers along with each payment request. The lien waivers shall be submitted by the Contractor, all subcontractors, and all material suppliers on the project. No payment will be authorized unless the lien waivers are received 21. TEST ROLLING ' The Contractor shall be required to test roll the subgrade in accordance to MnDOT Specification 2111. The subgrade shall pass the test rolling prior to acceptance of the project. ' 22. CLEARING AND GRUBBING If any clearing and grubbing is necessary for construction of this project, it shall be incidental to the contract bid amount. This shall include the removal of trees, vegetation, fencing, culverts, and all miscellaneous debris found ' within the Project boundaries. Selective clearing techniques are to be used, where practical, to save existing trees that are not shown on the plan, as determined by the Engineer. The Contractor shall be responsible for disposal of all clear and grub material per LGU requirements off of the Project site. 23. SILT FENCE The Contractor shall install erosion control silt fence as shown on the plans prior to any construction with the ' area unless noted on the plans. Silt fence installation shall conform to the Best Management Practices for Minnesota, Section 6.3. The Contractor throughout all construction phases shall maintain erosion control fence. Silt fence shall be inspected immediately after a rainfall event that creates runoff and daily during prolonged rainfall.. Any damage to the fencing shall be repaired immediately. i ' 24. EROSION CONTROL BALE CHECKS Bale checks shall be installed for erosion control purposes as needed and where designated by the Engineer. ' Bio-roll maybe used in lieu of hay bales and is the preferred alternative. ' 25. ROCK CONSTRUCTION ENTRANCE A rock construction entrance shall be .installed at each site access point. The contractor and engineer at the pre- construction meeting shall agree upon site access points. ' 26. PROTECTION OF DOWNSTREAM AMENITIES Contractor shall inspect all erosion control facilities on a weekly basis and after rainfalls of 1" or more. Repairs, as needed, shall be made within 24 hours. Repairs shall include but not be limited to: Reconstruction of silt ' fences and bale checks, replacement of blankets, reseeding, removal of silt and/or water from temporary ponds and permanents ponds and repair of pond slopes and overflows. Need for repair shall be based on facility's ability to function as it was intended. Slopes steeper than 5:1 shall be furrowed periodically, perpendicular to the slope, to deter the creation of wash outs along the slope. The Contractor shall be responsible for all erosion and ' repair until final acceptance of the Project by the Owner. Contractor shall be responsible for removal of silt and sediment, due to runoff from all areas of the Project. Contractor shall maintain a sufficient supply of erosion control materials (silt fence, wood fiber blanket, hay bales, seeding and rock) on site to expedite repair of ' damaged erosion control items and protection of newly constructed steep slopes and other erosion sensitive areas. ' 27. EXCESS MATERIAL Excess material not used on the Project shall be hauled off site by the contractor. Payment will be made based upon the unit bid price for Excess Material Haul Off Site and shall include all labor, materials, and equipment necessary to remove and transport the material from the site to a suitable location. 28. WOOD FIBER BLANKET Installation of wood fiber blanket shall include all grade preparation and seeding of the area prior to installation of ' the blanket. 29. FINAL SURFACE LEVELING AND GRADING TOLERANCE ' The entire grading surface area shall be finished to the required grade elevations, except for hold-downs as noted on the plan. The entire area shall be smoothed and graded so as not to impound water, free from ail ruts and depressions. The Contractor is responsible for the even mating and matching of all grades. Drainage swales or ditches are to be graded to drain depression areas in future construction zones. The variations in ' grade from that shown on the plans shall be not more than 0.1 foot. 30. SEED, MULCH. DISK ANCHOR ' Seeding, mulching. and disk anchor erosion control quantity may be adjusted in utility construction areas. The areas to be seeded will be designated by the Engineer at the time of installation. Seeding shall be completed 48 hours after the grading operation in that specific area. ' 31. WETLAND BUFFER AREA SEEDING Wetland buffers shall be seeded per MNDOT specification 3876.2 for native grass. Wetland buffer areas shall be seeded from one foot above the NWL of the delineated area to the buffer area boundary (20 feet above the ' NWL of the wetland area). 32. EXISTING DRAINTILE ' Existing the lines encountered are to be immediately reported to the Project Engineer. All necessary reconnection or replacement of encountered the lines shall be incidental to the lump sum uni# bid price. ~ , EXCAVATION and ElVIBA1~TI~IVI~NT PART 1 -GENERAL ' 1.01 DESCRIPTION OF THE WORK :.This work. shall consist of constructing all excavation and embankments for 6uiklings, roadways, drain~e and site grading within the. property and easements in the project and. ' 1.02 RELATED WORK OF OTH ER SECTIONS The folk>wing items of related work are covered under other sections: ' A Bidding Requirements, Conditions of the Contract, and pertinent portions of the 'al Provisions appy to the work of this section ' B. Seeding: Lawns and Grasses 1.03 APPLICABLE PUBLICATIONS The folkfwing publications of the issues listed .below, but referred thereafter by basic :designation ony, form a part of this specification to the extent indicated by the. references thereto: ' A Minnesota Department of. Transportation, Standard S ificati s pec on for Constru~iion, 2000 Edition, irthluding Supplemental Specifications thereto. (MnDOT) ' 1. MnDOT 2105 -Excavation and Embankment 2. A~MDOT 1803.5 -Erosion Control 3. MnDOT 2573 -Temporary Erosion Control ' 4. MnDOT 2101 -Clearing and Grubbing B. Minnesota ..Pollution Control .Agency, General Contractor's Copy, "General Permit, ' Authorization to Discharge` Storm Water Associated With a Constructiorn Activity Under the. National Pollutant Discharge Elimination SystemlState Disposal System Perms Program" (NPDESfSDS permit). ' The Contractor shall carefully review the permit and shall implement all condtiians listed Speaal cxx~d~hons :have been identified under .the .permit for erosion control measures, inspection and record keeping. PART 2'- CONSTRUCTION MATERIALS ' 2.01 GENERAL Excavation and borrow: materials shall conform to MnDOT 21.05.2. ' PART3 -CONSTRUCTION. REQUIREMENTS'. REVISED 4/25/01 ' l C. All erosion control barriers shall be installed prior to initiating grading operations. D. Protect all existing improvements to remain, including structures, pavements,, utilities, ' trees, shrubs, and lawn areas. The Contractor is liable for damage he causes outsa~e of the "construction limits" designated on the site plan. ' E. Construction shall be done in conformance to MnDOT 2105.2 and staa~ include excavation of unsuitable soils, pumping as required to maintain dry excavations, geeotecxion of excavations from freezing and provisions for surface runoff and erosion. oonaol. The Contractor shall complete grading operations in any given area prior to starting another area. F. Compaction for embankment materials shall be by the Specified Method ' in MnDOT 2105.3F1. Density tests shall be taken by an Independent Tes#ing i>~fith~e rate of one test per 2 feet of fill placed for every 100 •feet of roadway and 10,000 square feet , for building areas. G. The Contractor shall locate all existing underground utilities prior to excavation. H. Before commencing excavation or embankment construction, the Contractor shah ' remove all topsoil .and sod from street areas and embankment building pads. Sufficient topsoil shall be salvaged or provided from an off-site source to restore al! disturbed areas ' with a topsoil depth as noted in the Special Provisions. The topsoil shall be plao~! prior fia commencing the turf restoration. The salvaging, stockpiling and placement of the thpsoil in excavation areas shall be incidental to the common excavation (E1n bid item. The stripping ' of the first one (1) foot of topsoil in embankment areas has been acxounted 11~ in the "common excavation" bid quantity. If topsoil or unsuitable soil thickness greater than one and one (1) foot in depth is encountered, they shall be removed and reused as a5escribed above, the volume measured and the volume paid for at the soil correction (EV) unit ' No adjustment of the common excavation (E~ bid price shaft be albwed for the additional topsoil 1. The Contractor shall grade all roadways and parking areas th within phis or minus 0.1 feet ' 3.02 EXCESS MATERIAL Excess material not used on the project shah be disposed of on-site by the Contractor, at a ' location designated by the Engineer. The Contractor will deliver and stockpile the material to the Location at no additional cost to the Owner.. The stockpile shall have slopes vei greater than 3:1 upon completion. , PART 4-MEASUREMENT AND PAYMENT The work of this section shah be measured and paid for pursuant to MnDOT 2105, 2573, and 21Q?, .except ' where modified below. It shag include-the following bid items: 1. Common Excavation: Will be measured by the cubic yard in the original, unexcava6ed position, ' using original ground survey data.. Final surveys shall be used for authorized aneerr-depth excavation. Except for authorized over-depth excavation, no allowance wilt be ..evade for materials removed outside of lines and grades shown. ' 2. Clearing :and Grubbing: Acre 3. Silt Fence: Linear Feet (LF) , 2 LAWNS AND GRASSES ' PART1-GENERAL 1.01 DESCRIPTION OF THE WORK t This work shall consist of the seeding and sodding of all areas disturbed during the construction process. ' 1.02 RELATED WORK OF OTHER SECTIONS The following items of relat d e work are covered under other sections: ' A. Bidding Requirements, Conditions of the Contract and pertinent portions of the Special Provisions apply to the work of this Section. B. Grading: Excavation and Embankment. ' 1.03 APPLICABLE PUBLICATIONS The following publications of the issues listed below, but referred thereafter by basic designation only, form a part of this Specification and h ll ' s a govern except as modified herein: A. Minnesota Department of Transportation, Standard Specifications for Construction, 2000 Edition, including Supplemental Specification th t ' s ere o. (MnDOT) 1. MnDOT 2575 Turf Establishment 2. MnDOT 3876 Seed ' 3. MnDOT 3878- Sod 4. MnDOT 3882 Mulch Material 5. MnDOT 3886 Silt Fence B Mi . nnesota Pollution Control Agency, general con#ractor's Co "G Authorization to Discharge Storm Water Ass i t d P i r oc a e with a Construct on Act v ty Under th e National Pollutant discharge Elimination system/State Di ' sposal System Permit .Program" (NPDES/SDS permit). ' PART 2 -MATERIALS 2.01 SEED MIXTURE ' A. The seed mixture to be used on this project shall be Mixture Number 506 per MnDOT 3876 or a dormant seed mixture to be reviewed and approved by the Engineer. B. The seed mixture to be used on the wetland mitigation areas shall be in accordance with ' the attached seed mixtures as appropriate. 2.02 SOD ' Sod shalt be the "Lawn and Boulevard Sod" per MnDOT 3878. , 2.03 MULCH ' The mulch material shall be Type 1, per MnDOT 3882. ' REVISED 3/25/03 ~ 1 2.04 WOOD FIBER BLANKET The wood fiber blanket shall be the High Velocity Type per MnDOT 3885. ' 2.05 SILT FENCE The silt fence shall be the Heavy Duty Type per MnDOT 3886. PART 3 -CONSTRUCTION REQUIREMENTS 3.01 GENERAL ' All construction activities under this section shall be performed in accordance to MnDOT 2575 except as modified below. ' 3.02 SEEDING Within 48 hours of completion of site grading operations in a given watershed area, all disturbed areas shall be seeded and mulched. Seed shall be applied at the rate of 50 , pounds per acre or 56 kg. per hectare. All areas seeded .shall be mulched and disk anchored, unless wood fiber blanket is placed. 3.03 FERTILIZER ' All areas seeded shall be fertilized. The fertilizers shall be dry and shall contain available nitrogen, phosphoric acid and potash in proportions which will supply the minimum quantities of these plant foods. ' 3.04 BLACK DIRT All placement of black dirt behind curbing shall be done prior to paving. ' The Contractor shall be aware that the quantities of sod and seed used next to the curb shall be at the Owner's discretion and that they may be changed or deleted with no change in the unit price. ' PART 4 -MEASUREMENT AND PAYMENT The work of this section shall be measured and paid for pursuant to MnDOT 2575. It shall .include the following bid items: 1. Seeding, Mulch Material (Type 1), Disk Anchoring: (acre - ac) 1 2. Wetland Mitigation Construction and Seeding: (acres-ac) 3. Wood Fiber Blankets, Type High Velocity: Square Yard (s.y.) ' 4. Sod (square yard - s.y.) , The Contractor shall have the topsoil tested to determine the type and application rate of fertilizers to use. For bidding purposes, the Contractor shall use an application rate of 300 pounds per acre of a 20-10-10 fertilizer. REVISED 3/25/03 ' 2 li ii ~i ii II ~~ - II II n n _ ._-- __... ~~ ~r ~ ~ _. _- _----- ~r ~~ r ~~ ~~ 3 ~ ~ .. -- _ 11 " ~ / ~ / ` rr rr i ..- ~;_ .~.. --- ~, n rr u rr n - - -- u rr u u u it rr . rr rr , n u rl rr . it u ° ; rrr nr ~ ~" f ' rr rr , ~~ it f/ rl p 11 11 q ; ; ______~ -- _- __ ~ , i~1 --- f ~ , ~- { 1 ~~ ~~.~ .` I -,, < f ~ ~~ 2` ; ` ,' ~ ST-'~ J ,£ 3 F € s 3 i r i s E F '` ~.. r> r~ ~. ~~ ~'r/` r S ~~..~ i 1 w l w. .. l . \, f r `~.~ fi ,~ ~, ,' < l' } ® Z t 4 30' 0 60' SCALE 1" = 60' DENOTES APPROXIMATE LOCATION OF STANDARD PENETRATION TEST BORING Z w ~ ~ a ~ W 1- m ~ Z w ~o~ WZ Y > > Q (nWQ~ O ~ Z lU Oa~z t=~~nz_ U w ¢ ~ OoYw ~W~ J C7~~> Z w~ w~ OO~m mUV7a J Z ~ O d. ONE Q ~' O '~ O ~ a p I d- i ~ ~- w ~ KJ M O N N M O ~ m ~ ~ ~ N O ~ m T m~ ~ Q II Z r m J ~I - m zs` m o a z o z w a o a a m ° c~ p a vvi F1GllRE N0. i n ii LOG OF BORING Ii~TERTEC 1 7 n D G' n L i~ ,. -' SM LOG OF BORING I ~T~ RTEC ~`~`"`~ j~,~, LOG OF BORING ~~ n 0 LOG OF BORING 1 ATE ~TEC I'~~ ice' SM LOG O F BORING 1 NTH ~T~C Braun Project BL-04 02703 - GEOTECHNICAL EVALUATION soRING: ST- ~ Karston Cove Third Addition Residential Development LOCATION: See attache d ske tch. 64th Street and Karston Avenue Albertville, Minnesota DRILLER : Chris Powers METHOD: 3 I/4" HSA Autohammer DATE: 3/2/04 SC ALE: 1" _ <}~ Elev De th . feet 968.0 p feet 0.0 ASTM Symbol Description of Materials (ASTM D2488 or D2487) BPF WL MC qp Tests or Notes FILL FILL : Lean Cla ith % tsf . y, w a trace of Gravel and roots, black , moist. 965.0 3.0 ~ FILL FILL: Sandy Lean Clay, brown mottled with gray, wet. 4 26 DD = 96 pcf 0 9615 6.5 CL SANDY LEAN CLAY, with a trace of Gravel, gray mottled with rust, moist to wet, rather stiff to stiff 7 . (Glacial Till) ~«, 0 0 •~ ~ 9 1 1/2 x a~ c. w° s With a layer of Poorly Graded Sand with Silt at 12 feet. 13 ~ 0 0 ~ ~ 952.5 15.5 13 ~ END OF BORING. ~~ Water observed at 12 1/2 feet with 14 feet of hollow-stem Q auger in the ground. ~ Water not observed to cave-in depth of 10 feet immediately after withdrawing the auger. Boring immediately backfilled. a 0 N M Q q c J I J ~ ~ ~I i i j J n i i I i ~ I ~ I I J I I ~ ~ ~ ~ ~ ~ B L-~~4-u2703 Braun Intenec Corporanon ST-= oaee I of 1 r~ M LOG OF BORING 1 ~1TE RTEC I~ - ---- J i-1 page 1 of 1 ~~~ ~ LOG OF BORING lNT~ERTEC 0 1 J n ~~ ' LO G OF BORING I ~T ~ RT C Bra un Pro ject BL -04-02703 GEO TECH NICA L E VALUATION BORING: ST-$ Kars ton Cov e Thi rd A ddition Residential Development LOCATION: See a ttached sketch. bath Street a nd K arst on Avenue Albe rtville, Minne sota DRIL LER C h i : r s Po wers METHOD: 3 1/4" HSA Autohammer DATE: 3/2/04 SCALE: 1 ++ + Elev De th = 4 . feet 967.5 p feet 0. AS 0 Sy TM mbol Description of Materials (ASTM D2488 or D2487) BPF W L Tests or Notes FIL L FILL: Lea Cl bl n ay, ack, moist. 966.4 1.1 FILL FILL: Sandy Lean Clay, brown and black, moist to wet. 9 963.5 4.0 CL SANDY LEAN CLAY, with a trace of Gravel, brown mottled with gray, moist to wet, rather soft to stiff: 7 _ y (Glacial Till) c .~ .~ 9 0 0 .~ 5 ~° s ~' 9 0 0 c 952.0 H 15.5 16 "' END OF BORING. .y Water not observed with 14 feet of hollow-stem auger in o the ground. ~ Water not observed to cave-in depth of 12 feet immediately after withdrawing the auger. 0 Boring immediately backfilled. 3 o :7 C U 0 ~ I ~ . d I i I -i I z ~ I _~ I ~ _ ~ ! ~ ~ ~ ~ ~ B L-o4-(i2 i03 B raun Intertec Corporation sT-3 pale 7 of i it J I ,. ~~M LOG OF BORING 1 T ~ ~ 1 ~ ~ Bra un Pro ject BL- 04-02703 GEO TECH NICAL E VALUATION BORING: ST-9 Kars ton Cov e Third A ddition Residential Development LOCATION: See attached sketch. 64th Street a nd Karst on Avenue Albe rtville, Minnesota DRIL LER C h : ris Powers METHOD: 3 1/4" HSA Autohammer DATE: 3/2/04 SCALE: 1" = 4' Elev De th . feet 966.6 p feet 0.0 ASTM Symbol Description of Materials (ASTM D2488 or D2487) BPF WL MC % qp tsf Tests or Notes FILL FILL: Sand L Cl y ean ay, with a trace of fibers dark , brown to brown mottled with gray, moist to wet. 7 10 20 DD = 106 pcf 960.6 6.0 °- `~ SC CLAYEY SAND, gray mottled with red, wet, medium. (Glacial Till) 6 .~ 0 957.6 9.0 s CL LEAN CLAY with Silt brown ttl d i h , , mo e w t gray, wet, medium. 6 (Glacial Till) ~° 954.6 12.0 ~_ N CL SANDY LEAN CLAY, with a trace of Gravel, brown 7 1 mottled with rust, wet, medium. o (Glacial Till) 0 ~ ~ 951.1 15.5 11 END OF BORING. ~~ Water observed at 11 1/2 feet with 14 feet of hollow-ste Q auger in the ground. cn Water not observed to cave-in depth of 8 feet immediatel y after withdrawing the auger. s Boring immediately backfilled. - <~ o ~ I ~ 1 i ~ ~ a ~ ~ ~ ~~ ~ ~~ ~ , z I I i j I ~, 03 3raun ~nteaec Corporation, Bloomington ~T-9 oa¢e i or i .~'; >~, I~i~~T~~ LOG OF BORING Bra un Pro ject BL -04-02703 GEO TECH NICA L E VALUATION BORING: ST-1O Kars ton Cov e Th ird Addition Residential Development LOCATION: See a ttach ed sketch. 64th Street a nd K arst on Avenue Albe rtville, Minn esota DRIL LER: C hris Po wers METHOD: 3 1/4" HSA Autohammer DATE: 3 /3/04 SCALE " ' Elev. Depth : 1 _ ~{ feet 966. feet 0 0. AS 0 Sy TM mbol Description of Materials BPF (ASTM D2488 or D2487) W L NIC o Tests or Notes FIL L ' FILL: Sandy Lean Clay, with a trace of fibers, moist to va wet. 18 10 25 c 0 ~~ 959.0 7.0 CL SANDY LEAN CLAY with a trace of Gravel b , , rown 11 mottled gray and rust, wet rather stiff o , . (Glacial Till) 0 m 9 w 9 0 0 c F 950.5 15.5 9 °' END OF BORING. ~~ Water not observed with 14 feet of hollow-ste i Q . m auger n the ground. Install temporary water level indicator on March 3, 2004. Water observed at 7 feet 6 inches below the ground surface on March 26, 2004. N I z ` ~ ~ ! -; m o I j I ! ;' ~ ~ I ~ j. I - - _ I~ ~ ~ j ~I ~~ ~ i i ~ ~ ~ I ~ i I ~ ~" ~~ 02703 ~~ B I raun ntertec Corporation, Blooimngton ~T-i0 cage i or 0 n 0 n i~ n u i~ '~ LOG OF BORING i I~TE RTEC ' j ~,~ ~ L OG OF BORING Bra un Pro ject BL 04 0270 GEO TECH - NICAL E - 3 VALUATION BORING: ST-12 Kars ton Cov e Third A ddition Residential Development LOCATION: S ee attached sketch. both Street a nd Karst on Avenue ' Albe rtville, Minnesota DRIL LER C h i : r s Powers METHOD: 3 1/4" HSA Autohammer DATE: 3/ 3/04 SCALE: 1" = 4' Elev De th . p ' feet 966.7 feet 0 0 ASTM Symbol Description of Materials BPF WL MC Tests or Notes ~ . (ASTM D2488 or D2487) 966.3 0.4 FILL FILL: Lean Cla bl k , ac moist. ' FILL FILL: Sandy Lean Clay, brown and gray, moist. is b N c ~' 959 2 7 With a trace of organics at 6 1/2 feet and wood at 7 1/2 ~ . .g feet . 6 ' ML SILT, gray, wet, loose to very loose. o (Glacial Till) ' _ 956.2 10.5 4 40 CL .SANDY LEAN CLAY brown mottled ith ~ , w rust, wet, medium to rather stiff. ' ~ (Glacial Till) 7 0 .c o 951.2 15.5 11 ~ END OF BORING. ' ~~ Water not observed with I4 feet of hollow-stem auger in y Q the ground. ~ Water not observed to cave-in depth of 13 feet ' immediately after withdrawing the auger. Boring immediately backfilled. r a ~~ I I z I ~ , `~ 0 I ~ I i o I I I i -a ~ _ I i I ~ II I _ ~ j ' ~ 1 ~ ' I ~ ~ I , 'I I ~ - ~~ u L 4-(i?703 i I Fsraun in[ertec corporanon, Bloomm~[on ~ ~T-12 page I or 1 1 SM LOG OF BORING l ATE RTES !~ ~I ~~ h 1 1 t ~* LOG OF BORING ~ ~ ~~~~~ Braun Project BL-04-02703 GEOTECHNICAL EVALUATION B°RING: ST-14 Karston Cove Third Addition Residential Development LOCATION:. See attached sketch. 64th Street and Karston Avenue Albertville, Minnesota DRILLER: Chris Powers METHOD: 3 li4" HSA Autohammer DATE: 3/2104 SCALE: 1 " = 4' Elev. Depth feet feet ASTM Description of Materials BPF WL MC Tests or Notes 964.5 0.0 Symbol (ASTM D2488 or D2487) ova FILL FILL: Sandy Lean Clay, brown and black, moist to wet. 13 11 I1 c c .~ .~ `~ 9 0 955.5 9.0 ML SILT, brown and gray, wet, loose. ~ (Glacial Till). 7 x 4° 952.5 12.0 CL SANDY LEAN CLAY, with a trace of Gravel, brown 9 N mottled with gray, wet, rather stiff: _o (Glacial Till) 949.0 15.5 9 END OF BORING. ~~ Water observed at 9 feet with 14 feet of hollow-stem o auger in the ground. Install temporary water level indicator on March 2, 2004. Water observed at 7 feet 8 inches below the ground surface on March 26, 2004. ~= 1 o ~ o j ~ ~ I ~ ~ ' I ~ i ~ i ~I ~ ~ ~i ~ ~ i ~~ !~ i j I ~I - I 3L J4-~s703 3raun Intertec Corporation, 3loomington ~ T- i 4 oaee I of 1 n `:,. ..M LOG OF BORING ` 1 '~'~ ''`' ~ ~ ,'; SM ' L O G OF BORING Bra un Pro ject BL- 04-02703 B t GEO TECH NICAL E ORING: VALUATION ST-16 Kars ton Cov e Third A ddition Residential Development LOCATION: See a ttach ed sketch. 64th Street a nd Karst on Avenue ' Albe rtville, i tilinnesota DRIL LER: C hris Powers iV[ETHOD: 3 1/4" HSA Autohammer DATE: 3/ 2/04 SCALE: 1~+ = q~ Elev De th , p ' feet 96~. I feet 0.0 ASTM Symbol Description of ivlaterials (ASTM D2488 or D2487) BPF W L MC Tests or Notes FILL FILL: Sand L Cl y ean ay, brown,. moist to wet. 19 ' 8 17 DD = 111 pcf 0 R _ ` 9 0 956.1 9.0 s CL SANDY LEAN CLAY, brown mottled with gray and rust ' ro , moist, medium. 6 25 ;~ (Glacial Till) w ti 6 0 ' o .^ 949.b 15.5 8 ~ END OF BORING. ' ~~ Water not observed with 14 feet of hollow-stem au er i Q g n the ground. ~% Water not observed to cave-in depth of 11 1/2 feet ' immediately after withdrawing the auger. Boring immediately backfilled. r:; c v a Z I I ( ( ~ i L o I ! i I ~ ~ ~ I I ~ i _ M I ~ I , I it -~ ~ I i ' ~ i ~ G i I I j ~ ~ ~ I ^ i i :5 1. )4-02%n~ ' ' ;S ralln InI0R0C l .OlpOraClOn, o~00n1tnECOn ST-(6 page I of I 0 °~~~~ ~ ,r LOG OF BORING ~~ 1 t~~s~~~,~ ~~ v~ ~~~~~~ a~~~~ Standard D Zgg7 . g~ Classification of Soils for Engineering Purposes (Unified Soil Classiication System) a, t3asca on the malarial passing [ne 3-in (75~nmi veve. - h. I! fleltl sample Cbnlalnetl Ctlbble3 (H bpultlef3. tr bmn, atlb "w11n Cobbles Of baultlers, br bom.' Ip group name. ~. Gravels wen 5 to 12 n Ines require tlual symbols: GWGM wNlgratletl gravel wnh sin GW.GC weN-graoeO gravN wim tidy GP.GM paanv gretleo grave wen sirt GP-GC poorly graded gravel vein clay d. Sands with 5 ip 12% (toes require dual symbbo: SWSM wellyraoed sans wen sut $W.SC we&gratletl nano wim day SP.SM peony graded sanb wok sik SP•SC potrry graben sane wen tidy 0„s0 (. If soil contaim > TSX sand: add 'wen zarui to group name. ;. Ir fines classify as d4ML use dual symhd GGGM or SGSM. h. If fines are organi[. atltl "wim brgamc floes' to group name. i. If sba conrems > 15Y. gravel, atle 'wim graveP to group name. j. V Arterberg umlts Wet in hatcnetl area. sbn is a CLMI, wiry cmy. 1. I( sou contains 15 tb 24% pins No. 200, ado 'wen sand' or '~Mnh gravel." wnichever a preoominark. I. Ir sou cbnlams > 70% plus No. 2170. preaommamry sane. aotl 'saney' to group name. m. II son cbrnalns : ]0°L plus No. 200. pretlbmmanny gravel, aotl `gravelry" Ia group name. n. PI _ a ono plop on or above "A" line. n. PI < 4 n plats below 'A' line. _ p. PI plats an w abrne 'A" Ilne. y. PI pints oNOw 'A' tine. SC a x ac - 30 _T V N ZO y to 7 a 0 Laboratory Tests DD Drv density, pcf OC vroanlc content ° o ~:VO MC `.Vet density, pcf ~~atural moisture content ' ; ., 2U . , Percent pf saturation. ',~ s LL , , ; iquid limit. `,~ .. pecific eravlr~ Cohesion, ~sf Pl ,mil Plastic limit. `';, PiaStlCitV index °~ C7 Angie of internal friction °200 , 5 passing 200 sieve gu '~nCpnflned CCIT1pre5S lve SVength. JSt op Pocxet penetrometer ~trengtn. tsf Particle Size Identification Boulders ........... Gabbles .........-- Gravel Coarse .......... Fine .............. Sand Coarse ........... Medium ...,. ... Fine ............... Silt .................... Clay .................. ............... cver 12" ............... 3" to 12„ ...........:... 3/4" to 3.. ~~••......... Nc. 4 to 3/4" ... NG. 4 to No. 10 ... Nc. l0 to Na. 40 .. No. 40 to No. 200 .. No. 200 to .005 mm ..less than .005 mm Relative Density of Cohesionless Solis very loose 0 to 4 BPF loose 5 to 10 8PF medium dense 11 to 30 BPF dense _ 31 to 50 $PF very dense over 50 8PF Consistency of Cohesive Sails very soft Sgfl ......:...........•-- ra[her soft ............. medium ................ rather stiff ............. Stiff ...................... very stiff ............... hard ................ •.... •..•~......0 to 1 8PF ••...... 2 to 3 8PF ...........4toS8PF •.......... 6 to 8 BPF •.......... 9 ro 12 8PF 13ta168PF ............ 17 to 30 BPF •••........-over 30 BPF Drilling Notes Standard penetration test borings were advanced by 3 l /4" or 6 1 /4" ID hollow•stem augers unless noted otherwise. Jetting water was used to clean out auger prier to sampling only where indicated on logs. Standard penetration test borings are designated by the prefix "ST" (Split Tube). Power auger borings were advanced by 4" or 6" diameter, continuous•flight, solid-stem augers. Soil classifications and strata depths were inferred from disturbed samples angered to the surface and are, therefore, somewhat approxirnate. Power auger borings are designated by the prefix "B". Hand auger borings were advanced manually with a 1 1 /2" diameter auger and were limited to the depth from which the auger could be manuauy withdrawn. Hand auger borings are indicated by the prefix "H". Sampling: All samples were takErt with the standard 2" OD split-tube sampler, except where noted. T11V indicates thtn• walled (undisturbed) tube sample. 6PF~ Numbers indicate blows per foot recorded in standard penetration test, disc known as "N" value. The sampler was sec 6" into undisturbed <_oil below the hollow•stem auger. Driving resistances were then counted for second and third 6" increments and added to get BPf. ~Nhere they differed significantly, they are reported in the following form: L/12 for the second and third }6" increments, respectively. WN: VVH indicates the sampler penetrated soil under +nieight df hammer and rods atone; driving not requred. WR: VVR indicates the sampler penetrated soil under weight of rods alone; hammer we!ght and driving not required. Note: III tests were run in general accordance wun appticabte ,~STM standargs. - _ S M I N i =~~J '~ L t\ ~ ~( iev. i'i0v ~~ ~~ cu ~u yu ~D 50 70 80 90 100 i10 Liquid Limit (LL)