Loading...
2005-06-13 Mud Lake Watermain Crossing - Project ManualBOSTON 8~ M ~ N K , I NC_ Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 5531 8-1 1 72 Phone (952) 448-8838 • FAX (952) 448-8805 ~~3~ ~' June I3, 2005 Minnesota Department of Health Engineering Unit -Plan Review Attn: Brian Noma 121 East Seventh Place, Suite 220 St. Pau1_, MN 55101 RE: City of Albertville Mud Lake Watermain Crossing Project Dear Mr. Noma: ~v ~: ~, v ~ 1I ~[ ±, J 0 ~ 1 6 2005 ~ '' IM,,I ~~ R~~~~ ~~~`~jr'~~F~ ?t..~t'~ ~`Y' ~,~i .,,? .~'~ ~~S Attached are 2 copies of plans and specs, a completed permit application, and the permit fee for the above referenced project. The watenmain work involved includes the installation of 8-inch 1).[P along property lines and the directional drilling of 8-inch HDPE under Mud Lake. Please contact our office if you have any questions or require any additional information. Respectfully Submitted, Bolton & Menk, Inc. Jake S. Saulsbury Enclosures MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN CHASKA, MN AMES, IA www.bolton-menk.com An Equal Opportunity Employer BOLTON $~ I~/I B N K , INC. Consulting Engineers & Surveyors 12224 Nicollet Avenue • Burnsville, MN 55337-1649 Phone (952) 890-0509 • FAX (952) 890-8065 Letter Of Transmittal a,. .~a~/i/ ATTENTION: RE: ~CG~ FOR YOUR REVIEW RECORDS APPROVAL ^ DISTRIBUTION ^ PLEASE RETURN CORRECTED PRINTS ^ FOR YOUR INFORMATION REMARKS: VIA: ^ UPS (REGULAR) ^ UPS (NEXT DAY) ^ REGULAR MAIL HAND CARRY WITH OUR APPROVAL ^ DISAPPROVAL ^ APPROVAL WITH CORRECTIONS C.C. TO FILE NO. f f ~• a2I ~OJ~~ DATE: 7~a~ dJ~ /~ ~ ~~5t3d mouse. BY: MANKATO FAIRMONT SLEEPY EYE BURNSVILLE WILLMAR CHASKA AMES, IA An Equal Opportunity Employer WE ARE ENCLOSING ^ SENDING UNDER SEPARATE COVER DOCUMENT 00005 -CERTIFICATION PROJECT MANUAL for Mud Lake Watermain Crossing City of Albertville Albertville, MN I hereby certify that this plan, specification or report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. By: Jake S. Saulsbury License No. 42713 Date: S- 2.~ - OS . Bolton & Menk, Inc. CONSULTING ENGINEERS & SURVEYORS Mankato -Fairmont -Sleepy Eye -Burnsville -Willmar -Chaska, MN Ames, IA City of Albertville - T15.21650 CERTIFICATION May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00005-1 DOCUMENT 00010 -TABLE OF CONTENTS Mud Lake Watermain Crossing CONTRACT DOCUMENTS: PROJECT MANUAL: Introductory Information, Bidding Requirements, Contract Forms and Conditions of Contract 00005 -CERTIFICATION 00010 -TABLE OF CONTENTS ' 00100 -ADVERTISEMENT FOR BIDS 00200 - INSTRUCTIONS TO BIDDERS 00410 - PROPOSAL 00420 -BID BOND 00430 -INFORMATION REQUESTED FROM THE BIDDER 00500 - AGREEMENT 00510 -NOTICE OF AWARD ' 00550 -NOTICE TO PROCEED 00610 -PERFORMANCE BOND 00615 -PAYMENT BOND 00700 - GENERAL CONDITIONS 00800 -SUPPLEMENTARY CONDITIONS ' Specifications 01110 -SUMMARY OF WORK 01270 -MEASUREMENT & PAYMENT 01310 -COORDINATION 01315 -PROJECT MEETINGS 01330 -SUBMITTALS 01410 -REGULATORY REQUIREMENTS 01420 -SPECIFICATION REFERENCE 01425 -ABBREVIATIONS 01450 -QUALITY CONTROL 01500 -MOBILIZATION 01550 -MAINTENANCE OF HAUL ROADS & TEMPORARY ACCESS 01555 -MAINTENANCE AND CONTROL OF TRAFFIC 01562 -AIR, LAND AND WATER POLLUTION 01720 -FIELD ENGINEERING 01770 -PROJECT CLOSEOUT 02220 -REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES 02240 - DEWATERING 02320 -TRENCH EXCAVATION, BEDDING AND BACKFILL 02370 -EROSION AND SEDIMENT CONTROL 02446 - TRENCHLESS PIPLINE 02510 -DOMESTIC WATER SYSTEM 02741 -BITUMINOUS PATCH 02770 -CONCRETE CURBING 02775 -WALKS -CONCRETE ' City of Albertville - T15.21650 May 26, 2005 © Bolton & Menk, Inc. 2005, All Rights Reserved TABLE OF CONTENTS PAGE 00010-1 DOCUMENT 00100 -ADVERTISEMENT FOR BIDS Mud Lake Watermain Crossing City of Albertville Albertville, MN RECEIPT AND OPENING OF PROPOSALS: Sealed proposals for the work described below will be received at the Office of the City Administrator, City of Albertville, 5975 Main Avenue NE, Albertville, MN, 55301-9776 until 11:00 a.m. on June 28, 2005 of at which time the bids will be opened and publicly read. DESCRIPTION OF WORK: The work includes the construction of approximately: 830 LF - 8" HDPE WM, Directionally Drilled 320 LF - 8" DIP CL 52 WM 1 LS -Watermain Valve Manhole 1 EACH -Hydrant w/ Valve 1 EACH - 8" Gate Valve & Box 80 SY - Remove & Replace Bituminous Pavement 150 SF -Remove & Replace Concrete Walk 30 LF - Remove & Replace Concrete Curb & Gutter • 600 LF -Silt Fence, Heavy Duty 750 SY -Seeding, Type 270 RT together with numerous related items of work, all in accordance with Plans and Specifications. COMPLETION OF WORK: All work under the Contract must be substantially complete by September 1, 2005. Final completion must be accomplished by October 1, 2005. PLANHOLDERS LIST, ADDENDUMS AND BH) TABULATION: The planholders list and bid tabulation will be available upon request. Any addendums will be mailed or faxed to all planholders. TO OBTAIN BID DOCUMENTS: Plans, specifications and all contract documents may be obtained at the office of ' Bolton & Menk, Inc., 2638 Shadow Lane, Chaska, MN, 55318, 952-448-8838, FAX 952-448-8805, by payment of $50.00 (non-refundable) for each set obtained. Bid documents may also be ordered on-line at www.bolton-menk.com. BID SECURITY: A certified check or proposal bond in the amount of not less than 5 percent of the total amount bid, drawn in favor of City of Albertville shall accompany each bid. OWNER'S RIGHTS RESERVED: The Owner reserves the right to reject any or all bids and to waive any irregularities and informalities therein and to award the Contract to other than the lowest bidder if, in their discretion, the interest of the Owner would be best served thereby. Dated: June 6, 2005. /s/ Larry Kruse, City Administrator Published: Construction Bulletin: June 10"', 17`~ and 24`h North Crow River News: June 13~' and 20`f' '' ****END OF SECTION**** City of Albertville - T15.21650 ADVERTISEMENT FOR BIDS May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00100-1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 1 - -GENERAL 1.1 1.2 1.3 1.4 TERMS DOCUMENT 00200 -INSTRUCTIONS TO BIDDERS A. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. C-700, 2002 ed.) have the meanings assigned to them in the General Conditions. 1. "Bidder" -One who submits a Bid directly to Owner, as distinct from asub-bidder, who submits a bid to a bidder. 2. "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 3. "Issuing Office" -The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 4. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. COPIES OF BIDDING DOCUMENTS A. Complete sets of the Bidding Documents for the deposit sum, stated in the Advertisement for Bids may be obtained from the Engineer. B. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. C. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use. QUALIFICATIONS OF BIDDERS A. The successful bidder must be prepared to submit within five days of Owner's request additional written evidence, such as financial data, present commitments and other such data. Each Bid must contain evidence of Bidder's qualification to do business in the state where the project is located or covenant to obtain such qualification prior to award of the Contract. B. If Section 00430 -INFORMATION REQUESTED FROM THE BIDDER is included in the Contract Documents, each Bidder is requested to submit the completed Information Form(s) contained therein to demonstrate qualifications to perform the work. C. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional Bids will not be accepted. EXAMINATION OF CONTRACT DOCUMENTS AND SITE A. Reference is made to the Supplementary Conditions for identification of: 1. Those reports of explorations and tests of subsurface conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents. Bidder may rely upon the City of Albertville - T15.21650 May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved INSTRUCTIONS TO BIDDERS PAGE 00200-1 accuracy of the technical data contained in such reports but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. Bidder shall note limitations and qualifications contained in such reports and consider same in Bidder's investigations. 2. Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by the Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. B. Copies of such reports and drawings are made available by Owner to the Bidder. The "technical data" contained therein upon which the Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions, as supplemented, are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such reports and drawings. C. Underground Facilities 1. Information and data reflected in the Contract Documents with respect to existing underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others. The Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. D. Hazardous Environmental Condition 1. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Envirommental Condition at the site, if any, that the Engineer has used in preparing the Bidding Documents. 2. Copies of the reports and drawings referenced in Paragraph 1.S.D.1, above, will be made available to any Bidder upon request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which the Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions, as supplemented, are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such reports and drawings. E. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03 and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions. F. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. G. Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, Owner will City of Albertville - T15.21650 INSTRUCTIONS TO BIDDERS May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00200-2 provide to each Bidder for examination access to or copies of Contract Documents (other then portions thereof related to price) for other such work. H. It is the responsibility of each Bidder before submitting a Bid to: ' 1. Examine and carefully study the Bidding Documents, including any Addenda and the other related data thoroughly. ' 2. Visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work. 3. Consider Federal, State and local laws and regulations that may affect cost, progress, ' performance or furnishing of the Work. 4. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of ' the General Conditions. 5. Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, . methods, techniques, sequences, and procedures of construction to be employed by Bidder, 1 including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6. Bidder may, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the work and which Bidder deems necessary to determine its Bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents. 7. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies and data are necessary for the determination of its Bid for performance of the Work ' at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. IJ 8. Become aware of the general nature of the work to be performed by Owner and others at the site that relates to the Work as indicated in the Bidding Documents. 9. Correlate the information known to the Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Bidding Documents, and all additional examinations, tests, studies and data with the Bidding Documents. 10. Promptly notify the Engineer in writing of all conflicts, errors or discrepancies in the Bidding Documents. 11. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. I. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02, 4.03 and 4.04 of the General Conditions. ' City of Albertville - T15.21650 May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved INSTRUCTIONS TO BIDDERS PAGE 00200-3 Di L~ J. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of these Instructions to Bidders, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as maybe indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ' 1.5 ALTERNATES AND ALTERNATIVES A. All bids must include a bid based on the "base bid," without anticipation of the use of "or equal" items or contractor proposed alternatives. Bids solely based on the use of "or equal" items or contractor proposed alternatives may be rejected without consideration, at the direction of the Owner. 1.6 SITE AND ADDITIONAL AREAS A. The lands upon which the work is to be performed, rights-of--way and easements for access thereto and other lands designated for use by Contractor in performing the work are identified in the ' BIDDING Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. ' 1.7 INTERPRETATIONS AND ADDENDA A. All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may ' not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. I~ L~ B. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 1.8 BID SECURITY A. Each Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of Paragraphs .5.01 and 5.02 of the General Conditions. B. The Bid security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award maybe retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the forty-sixth day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. C. Bid security of other Bidders whom the Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ' City of Albertville - T15.21650 May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved INSTRUCTIONS TO BIDDERS PAGE 00200-4 1.9 CONTRACT TIME A. The numbers of days within which, or the dates by which, the work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Agreement. ' ~ 1.10 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.11 SUBSTITUTE OR "OR EQUAL" ITEMS A. The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents or "or-equal" materials and equipment as defined in Paragraph 6.05 of the General Conditions, or those substitute or materials and equipment approved by the Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or "or-equal" item. Request for the Engineer's clarification of materials and equipment considered "or-equal" prior to the effective date of the Agreement must be received by the Engineer at least 5 days prior to the ' date for the receipt of bids. No item of material or equipment will be considered by Engineer as a substitute unless a written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of bids. Each request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon the Bidder. Engineer's decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed substitute item, such approval shall be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other way. 1.12 SUBCONTRACTORS, SUPPLIERS AND OTHERS ' A. For contracts involving payment with public funds within the State of Minnesota, including but not limited to cities, counties, towns, school districts, political subdivisions or agencies of local government, Minnesota State Statutes Chapter 471.425 establishes special rules regarding payments 1 to subcontractors. See Supplementary Conditions - SC-14. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and i ' equ pment) to be submitted to Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall, within seven days after the bid opening, submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is ' required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. If Owner or Engineer, after due investigation, has l ' reasonab e objection to any proposed Subcontractor, Supplier, other person or organization, either may, before the Notice of Award is given, request the apparent Successful Bidder to submit an accep- table substitute without an increase in Bid price. C. If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for if i h ' sacr ic ng t e Bid security of any bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. City of Albertville - T15.21650 May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved INSTRUCTIONS TO BIDDERS PAGE 00200-5 C! ~, ~'~ i~ ~~ D. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 1.13 BID FORM A. The total of all prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The fmal quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. B. Discrepancies between the multiplication of units of work and unit prices will be resolved in favor of unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of words. C. The Bid Form or Proposal is included with the Bidding Documents; additional copies maybe obtained from the Engineer. D. All blanks on the Bid Form must be completed in ink or by typewriter. l 1 r ~, u 1 E. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed, if the corporation has one, and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown. F. Bids by partnerships must be executed in the partnership name and signed by a partner, and the official address of the partnership must be shown. G. All names must be typed or printed below the signature. H. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). I. The address, telephone number and fax number, if any, for communications regarding the Bid must be shown. 1.14 SUBMITTAL OF BIDS A. Bids shall be submitted at the time and place indicated in the Advertisement for Bids. B. Each Proposal must be submitted in ink or typewritten in a sealed opaque envelope with the following information on the outside: the Bidder's name, address, name of the project and the words "Bid Enclosed." The Bid security, if required, must be submitted inside the envelope. The bid shall consist of the proposal, addendum acknowledgment, bidding schedule, and the bid bond or certified check, if required. The bidder is also encouraged to include the Information Requested of Bidder to assist in the bid review. If the proposal is mailed, the bid with the above described information shall be within a separate sealed envelope and labeled on the outside with: the bidder's name, address, name of the project and the words "Bid Enclosed" on the face of it. C. No Bids transmitted by facsimile will be accepted. 1.15 MODIFICATION AND WITHDRAWAL OF BIDS A. Bids maybe modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. City of Albertville - T15.21650 INSTRUCTIONS TO BIDDERS May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00200-6 u u 1 B. If, by the next working day at the same time of bid opening after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents. C. Bids received prior to the time of opening will be securely kept, unopened. The officer whose duty it is to open them will decide when the specified time has amved, and.no Bid received thereafter will be considered. 1.16 OPENING OF BIDS A. In those cases where the Advertisement for Bids states that Bids will be publicly opened, the Bids will be publicly opened and (unless obviously non-responsive) read aloud. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders, upon request, after the opening of Bids. 1.17 BIDS TO REMAIN SUBJECT TO ACCEPTANCE A. All Bids will remain subject to acceptance for forty-five days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 1.18 AWARD OF CONTRACT A. Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the work and to negotiate Contract terms with the successful Bidder and the right to disregard all nonconforming, non-responsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. B. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. C. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice of Award. D. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any ' Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. ' E. If the Contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the project. C '1 F. If the Contract is to be awarded, Owner will give the successful Bidder a Notice of Award within forty-five days after the day of the Bid opening. City of Albertville - T15.21650 INSTRUCTIONS TO BIDDERS May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00200-7 fl 0 u 0 0 ~i n ii ~~ J ~i G. The Owner reserves the right to cancel the award of any Contract at any time before the execution of said Contract by all parties without any liability against the Owner or its agents, officials, employees or consultants. 1.19 CONTRACT SECURITY A. Article 5 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner or accepts the Purchase Order, it must be accompanied by the required performance and payment bonds and insurance certificates. 1.20 SIGNING OF AGREEMENT A. When Owner gives a Notice of Award to the successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required bonds and insurance certificates. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. ' City ofAlbertville - T15.21650 May 26, 2005 ****END OF SECTION**** INSTRUCTIONS TO BIDDERS © Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00200-8 DOCUMENT 00410 -PROPOSAL for Mud Lake Watermain Crossing. City of Albertville .Albertville, MN BID by G ~~-f''~~n S~r~ •tiJ ~ t2..~ .N .4.G, ' 1 N C. < Name of Bidder > TO: City of Albertville Albertville, MN 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and fiunish all Work as specified or indicated in the Contract Documents for the. Contract Price and within the Contract ' Time indicated in this Bid and in accordance with the other terms and conditions. of the Contract Documents. 7 0 n J u u 2. BIDDER accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for forty-five days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged). Date ADDENDA Number (b} BIDDER has familiarized oneself with the nature and extent of the Contract Documents. as listed in Document 00010 -Table of Contents, anal has familiarized itself with the nature and the extent of the Work, Site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or famishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and accepts the determination set forth in Supplementary Conditions SC-4.02.A.1 and 4.02.A.2 to the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations; tests and studies (in addition to or to supplement those referred to in (c) above} which pertain. to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or famishing of the Work as BIDDER considers necessary for the performance or famishing of the Work at the Contract Price, within the Contract Tirne and in accordance with the other City of Albertville - T15.21650 .May 26, 2005 ®Bolton & Menk, Inc. 2005, All Rights Reserved PROPOSAL PAGE 00410-1 terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all. information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accor- dance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.04 of the General Conditions. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution. thereof by ENGINEER is acceptable to BIDDER. (h) BIDDER certifies that this proposal is made and submitted without fraud or collusion with any other firm or corporation whatsoever. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or •corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, fum or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) The BIDDER acknowledges the right of the OWNER to reject any or all Bids, waive any irregularities or informalities therein and award the Contract to other than the lowest Bidder if, in its discretion, the interests of the OWNER would be best served thereby. 4. The BIDDER will complete the Work for the prices shown in the BIDDING SCHEDULE. BIDDER understands that the quantities of work shown on the BIDDING SCHEDULE are approximate only and are subject to increase or decrease; that all quantities of Work, whether increased or decreased within the limits described in Supplementary Condition SC-1 i.03.C are to be performed at the unit prices shown on the BIDDING SCHEDULE, and that, at the time of opening the Bids, totals only will be read, but that comparison of Bids will be based on the correct summation of item totals obtained from the unit prices bid. (a) The award of the contract will be made to the lowest, responsible bidder, based on the proposal with the lowest TOTAL PROJECT BID PRICE. (b) All bids shall include sales tax and all applicable taxes and fees. 5. The BIDDER agrees that the Work shall commence in accordance with the requirements of the Contract Documents and shall be completed in accordance with Article 3 of the AGREEMENT and the Specifications. The BIDDER accepts the provisions of the AGREEMENT as to Contract Time and liquidated damages in the event of failure to complete the work on time. 6. The following documents are attached to and made a condition of this Bid: (a) Required bid security in the form of a Certified Check or Bidder's Bond, being at least S percent of the amount bid, and made pa}table to the OWNER. (b) Additional information requested from the BIDDER in Section 00430, if included in the Contract Documents. Lrty o2 Alberivrlle - 1'15.21650 May 26, 2005 m Bolton & Menk, Inc. 2fl05, All Rights Reserved PROPOSAL PAGE 00410-2 (c) Additional information required to be included with the bid that is listed in the individual technical sections of the Contract Documents. 7. The Contractor may use Document 00420 -BID BOND in submitting a bidder's bond. $. Communications concerning this Bid shall be addressed to: BIDDER: _ ELL t~VC~ S~9 a t'~ R.9-,t,>-4t~ t' f ~L. ADDRESS: t'~.~. &~,c t~ 57arr3 sT-r~~` ~t~,,,~r .~~ CITY & STATE: -..~ ~"yr- c-a•.., e..d e~ ,y,,a, --~-g ~ ~ TELEPHONE: fib'? - 5Z? - ZZS~/ FAX: ~~'~ -- 5~2,'? -- Z Z 5 C ors CONTACT PERSON: ~7~ t ~re~ t2.t^,y ~.t: . E-MAIL ADDRESS: r'-~,e. ~}C ~ ~~~SaHe~dk ir+G.ae e~,~, 9. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. City of Albertville.- T15.21650 PROPOSAL May 2b, 2005 ®Botton & Menk, Inc. 2005, All Rights Reserved PAGE 00410-3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 A Corporation SUBMITTED on ~~~ Z.$~ 20dS" By ~Z.C.1.VG.S~•y t7i'2.4~..twlnt (Corporation Name) Nil r l~Me~SdT~c~-- (Stazeoflncorporation) By tZc~G.ezZ. ~-L-t N~, Ss•~s (Name of Person AutFtorized to Sign) t (Corporate Se ) Attest ~ ~/i-,~1 (Seeret:ry> --- Business Address ~•~• !•3c~C (.$ ~(,,~j ST.g~, }{{~ ~ f,~, `Co t>~S`r" C.c! ~tmQ D ~ti 6'5'5 & ~' Phone No.: ~? ~ ~Z? - ZZ4y A Joint Venture By SUBMITTED on 20 (Name) (Address) (Signatu¢) By (Name) (ggn~) -- (Each Joint Venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) ****END OF SECTION**** City of Albertville - T15.21650 PROPOSAL May 26, 2005 ®Bolton & Menk, Inc. 2005, Alt Rights Reserved PAGE 00410-5 SCHEDULE OF UNIT PRICES MUD LAKE WATERMAIN CROSSING CITY OF ALBERTVILLE, MN BMI PROJECT NO. T15.21650 BIDDER agrees. to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices: NOTE: BIDS shall include sales tax and all applicable taxes and fees. BIDDER must fill in unit prices in numerals, make extension for each item, and total CY (CV) =Cubic Yards, Compacted Volume (Measured in Place) CY (EV) =Cubic Yards, Excavated Volume (Measured in Place) (P) =Planned Quantity Basis of Measurement ITEM No. ITEM APPROX: QTY. UNIT UNIT PRICE AMOUNT 1 MOBILIZATION 1 LS 2c~, uv Zcrx~,c~c~ 2 TRAFFIC CONTROL 1 LS SLy,e~+ ~.oy 3 REMOVE BITUMINOUS PAVEMENT 80 SY (Q.~ y - 4 REMOVE CONCRETE CURB S~ GUTTER 30 LF G,.r, d ~ 2~.~ l GS Gu 5 REMOVE CONCRETE WALK 150 SF 6 REMOVE DRAIN TILE 30 LF /,~_ Z ~, /~.~ v 7 s 4" CONCRETE WALK CONCRETE CURB & GUTTER 150 SF . ~ , ~~ G _~ _ / ~ ~? S~ 30 LF Z~.uu 840 •Jy s BITUMINOUS PATCH 80 SY ~!o•c~ ~Y au 10 CONNECT TO EX. WATERMAIN 1 EACH ~_ • 3, !5'crv , ov 11 12 WATERMAIN VALVE MANHOLE 8" DIP 1 LS Z •~c/ „~-~2,~., ,~ CL 52 WM " 320 LF /c~.v,9 ~ ~,,~ 13 8 HDPE WM -DIRECTIONALLY DRILLED (P) 830 LF ~ r 14 6" DIP CL 52 WM 10 LF yG, 2'7 C _ ~ ~~o ~ 15 WATERMAIN FITTINGS ~ 1,300 LB .n 2.~b Z>v. vc9, ; 32~ v ' 16 17 HYDRANT TWO FOOT HYDRANT EXTENSION 1 1 EACH _~ux/2,~ . o L S"+c~2 •c~o 1s 4" POLYSTYRENE INSULATION " 80 EACH SY yfg,.j-~ /•, act ~s .~ t 2w , v~ 19 6 GATE VALVE AND BOX " 1 EACH /Z ~ ~~ , ~,5.~~ , ~ 20 8 GATE VALVE AND BOX D T 1 EACH ly4Z.7s ~ !yg 2. ?S' 21 RAIN ILE REPAIR 30 LF -~, 2,S' P ~-7~~d 22 SODDING TYPE LAWN 40 SY 3'. 5Za _ ~y 23 SEEDING TYPE 270RT 750 SY ~, vo _ ~, o n .~~,vy 24 SILT FENCE -HEAVY DUTY 600 LF ~, yy ~Bor', ~ r----- TOTAL AMOUNT BID: y`~70s ~tL3• ~'l DOCUMENT 00420 -BID BOND BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address City of Albertville 5975 Main Avenue NE Albertville, MN 55301-9776 BID BID DUE DATE: PROTECT (Brief Description Including Location): Mud Lake Watermain Crossing Albertville, MN BOND BOND NUMBER: DATE: (Not later than Bid Due Date): PENAL SUM: IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the following page hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER ~ SURETY Bidder's Name and Corporate Seal By: Signature and Title Attest: (Seal) Surety's Name and Corporate Seal By: (Seal) Signature and Title (Attach Power of Attorney) Attest: Signature and Title Signature and Title Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. City of Albertville - T15.21650 _ BID BOND May 26, 2005 ®Botton & Menk, Inc. 2005, All Rights Reserved PAGE 00420-1 [] n U ~, u ii [] 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents the executed Agreement required by the Bidding Documents and any performance and payment bonds required by.the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if 3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2 All bid are rejected by Owner, or 3:3 Owner fails to issue a notice of award to Bidder within the time specified in the Bidding Documents (or any extensions thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when. required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner,. which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and alI defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this. Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety, and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the project is located. t3. Notice required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this $ond. Such notices maybe sent by personal delivery,. commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Band on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Band is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of the Bond conflicts with any applicable provision of any applicable statute, then the provision of said statue shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid" as used herein included a bid, offer or proposal as applicable. **** END OF SECTION **** u i~ City of Albertville - T15.21650 BID BOND May 26, 2005 ®Bolton & Menk, Inc_ 2005, AI] Rights Reserved PAGE 00420-2 ICJ i~ L i~ r i~ II DOCUMENT 00430 -INFORMATION REQUESTED FROM THE BIDDER GENERAL INFORMATION The bidder is requested to furnish the following information. Additional sheets shall be attached as required. Contractor's name and address: ~(.L,(,~y(„ SdJ '~ Q.Qttis ,,, ~ G t n9 67 t9 t3e+SC_ t_ • co ~ ~i Ze!!3 ST '' t y hC9 t,.sc~~r ~asc.~rt.a n-t.v ss`34 a^ Contractor's telephone number: ~~'7.~"'~7 tj Z-~ . 2 Z' y Contractor's FAX number: ~G7 ~ ~" 2 '~ .. Z Z ~r (, Contractor's E-mail address: Contractor's license: Primary Classification ~Fiv ~[ ~dllTT7~,~}~ State License No. Supplemental Classifications held, if any Number of years as a Contractor in construction work of this type _1 [~ Y,et Names and titles of ali officers of Contractor's firm: Q~ ELt,~abt.-..~ _ n~,~ ATTACH TO THIS BID a list of three (3) construction contracts completed by the Contractor daring the last five (5) years involving work of similar type and comparable value. The list shall include the following information as a nvnirnum: • Name, address and telephone number of owner. • Name of project. • Location of project. • Brief description of the work involved. • Contract amount. • Date of completion of contract. • Name, address and telephone number of architect or engineer. • Name of owner's project engineer. City of Albertville - T15.21650 INFORMATION REQUESTED FROM THE BIDDER May 26, 2005 ®Bolton & Menk, Inca 2005, Alt Rights Reserved PAGE 00430-i LIST OF SUBCONTRACTORS The bidder is requested to list below the name and business address of each subcontractor who will perform work under this contract in excess ten percent of the Contractor s total bid price, and shall .also list the portion of the work which will be done by such subcontractor. Work to be Performed .Percent of Contract Subcontractor Name and Address L 2. 3. 4. 5. 6. 7. 8. ****END OF SECTION**** City of Albertville- T15.21650 INFORMATION REQUESTED FROM THE BIDDER May 26, 2005 ®Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00430-2 i~ II i~ i~ DOCUMENT 00500 - AGREEMENT Mud Lake Watermain Crossing City of Albertville Albertville, MN THIS AGREEMENT is dated as of the 6th day of July in the year 2005 by and between City of Albertville (hereinafter called OWNER) and _ Ellingson Drains a -Inc (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:. ARTICLE i. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: All labor, materials, equipment, utilities and all other things necessary for the construction of the Mud Lake Watemiain Crossing. ARTICLE 2. ENGINEER. The Project has been designed by Bolton & Menk, Inc., Consulting Engineers, Chaska, MN, who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1. Work shall be substantially completed on or before September 1, 2005. Substantial completion shall be defined as all work, excluding turf restoration and the wear course of street restoration. All work shall be completed on or before October 1, 2005. 3.2 Contract Dates -The date of Agreement, listed above, corresponds to the later of the following: Date of approval of award by Owner; approval of award by Funding Agency; or issuance of Notice of Award. The Contract shall :become effective on the Effective Date shown on the signature page of the Agreement and after execution by all parties, and approval by Funding Agency, when applicable. 3.3. Liquidated Damages. OWNER: and CONTRACTOR recognize. that time is of the essence of this Agreementand that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. -They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER as follows: 3.3.1 Five Hundred dollars ($500.00) for each calendar day that the Work is not substantially complete within the time. constraints specified in Paragraph 3.1 of this Agreement. Substantial Completion shall be as defined in Paragraph 3.1 of this Agreement. 3.3.2 One Hundred dollars ($100.00) for each calendar day that all work is not complete within the time constraints specified in Paragraph 3.1 of this Agreement. This amount is in addition to the liquidated damages specified for substantial completion, if applicable. ARTICLE 4. CONTRACT PRICE. 4. L :OWNER shall payCONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows at the "Bid Schedule of Unit Prices" attached hereto (page 00500-2). miry or Albertville -.'1'15.21650 May 26, 2005 AGREEMENT ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE OOSOO-1 ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General. Conditions. ' Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5. i . Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTR,~CTOR'S Applications for Payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Paragraph 2.05. of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Progress Payments (partial payments) will be made in the amount of 95 percent of the value of the completed Work plus any additional reductions as prescribed by law and/or as described in Paragraph SC-14.02 of the Supplementary Conditions. The cut-off date for calculation of completed unit price quantities for monthly Progress Payments will be ' on the 25th day of each month. The initial Progress Payment shalt be paid in coordination with the OWNER'S regular accounts payable schedule falling closest after the initial Progress Payment becomes due in accordance with Paragraph 14.02 of the General Conditions. Due to differences in the OWNER'S accounts payable cycle and start of construction, initial Progress Payment may cover a period, of more than or less than one month of construction. After the initial Progress Payment, subsequent Progress Payments will be made monthly in accordance with the OWNER'S regular accounts payable schedule. ' S.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07. ' ARTICLE 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and ail local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. ' 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in the Subparagraphs of SC-4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is ' entitled to rely. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully ' studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 6.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress; performance or furnishing, of the Work as CONTRACTOR considers necessary for the performance of furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests,'reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. ' 6.5. CONTRACTOR has correlated the results of all observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 1 City ofAlbertville - T15.21650 AGREEMENT May 2b, 2005 ®Bolton & Menk, Inc. 2005, All Rights Reserved PAGE .00500-2 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has ' discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable. to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS. ' The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement, Document-00500. ?.2. Exhibits to this Agreement. 7.3. Performance Bond, Document 00610, ' 7.4 Payment Bond, Document 00615. 7.5. Notice of Award, Document 00510. ' 7.6. General Conditions, Document 00700. 7.7. Supplementary Conditions, Document 00800, 7.8. Specifications in the Project Manual dated May 26, 2005 and consisting of all sections as listed in the table of contents thereof. 7.9. Drawings, consisting of 5 sheets numbered 1 through 5, inclusive with each sheet dated May 26, 2005 and bearing the following general title: Mud Lake Watermain Crossing 7.10. Addenda numbers to ,inclusive. 1 7.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to ,inclusive). 7.12 Certificates of Insurance. ' 7.13 Documents, which maybe executed after this Agreement is executed. .7.14. The following may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.14.1 .Notice to Proceed. 7.14.2 Written Amendments and Change Orders as signed by all parties to this Agreement. 7.14.3 Written Field Orders and written Engineer's. interpretations and/or clarifications. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be' amended,. modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 8. MISCELLANEOUS. ' 8.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignmentby a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without ' limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. ' 5.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements' ' and obligations contained in the Contract Documents. City of Albertville - T15.21650 AGREE MENT May 26, 2005 ®Bolton & Menk, Inc. 2005, All Rights Reserved PAGE.00500-3 ARTICLE 9. ADDITIONAL WORK POLICY. 9.1 All additional work shall be approved by the OWNER prior to performing the work. 9.2 Securing approval of the construction site representative without securing the approval of the OWNER will'be construed as acceptance, by the CONTRACTOR, that said work will be considered incidental to the general construction of the project and that no additional compensation will be paid. 9.3 Acceptable forms of proposal for additional work include: 9.3.1 ~, A facsimile transmission (FAX) to the ENGINEER. 9.3.2 A telephone call to the ENGINEER with a description of the work and a proposed cost. 9.3.3 A written letter of proposal to the ENGINEER. 9.4 Typical forms of acceptance by the OWNER may include any of the following: 9.4.1 A signed .and dated acceptance by facsimile transmission (FAX). 9.4.2 A mailed letter of response. 9.5 No additional work will be accepted or paid by the OWNER if the cost is presented more than six (6) working days after the actual performance of the work. City of Albertville - T15.21650 AGREEMENT May 26, 2005 ®Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00500-4 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed three (3} copies of this Agreement. One ' counterpart .each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on , 20 '° - OWNER: City of Albertville CONTRACTOR: Ellingson Drainage,. Inc. . By: By; {CORPORATE. SEAL). (CORP RATE SE ) Attest.. Attest Address for giving notices:. Address for iving otic 3 ~ ~' `S~o ' l ~ aHc +~ rJ ,~' S~ (If OWNER is a public body, attach evidence of License No. authorityto sign and resolution. or other documents authorizing :execution of Agreement.) ' Agent for service of process: (If CONTRACTOR is a corporation, attach evidence ' of authority to sign.) ****END OF SECTION**** '- City of Albertville - T15.21650 AGREEMENT May 26, 2005 ~ Bolton & Menk, Inc, 2005, All Rights Reserved PAGE 00500-5 L~~ CI~I i~ n SCHEDULE OF UNIT PRICES MUD LAKE WATERMAIN CROSSING CITY OF ALBERTVILLE, MN BMd PROJECT NO. T15.21650 BIDDER agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices: NOTE: BIDS shall include sales tax and all applicable taxes and fees. BIDDER must fill in unit prices in numerals, make extension for each item, and total. CY (CV) =Cubic Yards, Compacted Volume (Measured in Place) CY (EV) =Cubic Yards, Excavated Volume (Measured in Place) {P) =Planned Quantity Basis of Measurement ITEM APPROX. UNIT NO. ITEM QTY. UNIT PRICE AMOUNT 1 MOBILIZATION 1 LS $2,000.00 $2,000.00 2 TRAFFIC CONTROL 1 LS $500.00 $500.00 3 REMOVE BITUMINOUS PAVEMENT 80 SY gs.5o $520.00 4 REMOVE CONCRETE CURB & GUTTER 30 LF $s.5o $195.00 5 REMOVE CONCRETE WALK 150 SF $too $150.00 6 REMOVE DRAIN TILE 30 LF $2.00 $60.00 7 4" CONCRETE WALK 150 SF $a.z5 $1,237.50 8 CONCRETE CURB & GUTTER 30 LF $2s.oo $840.00 9 BITUMINOUS PATCH 80 SY $40.00 $3,200.00 10 CONNECT TO EX. WATERMAIN 1 EACH g~,5oo.00 $1,500.00 11 WATERMAIN VALVE MANHOLE 1 LS $5s25.~a $5,925.14 12 8" DIP CL 52 WM 320 LF $~o.oo $3,200.00 13 8" HDPE WM -DIRECTIONALLY DRILLED (P) 830 LF $48.00 $38,180.00 14 6" DIP CL 52 WM 10 LF $z~.oo $270.00 15 WATERMAIN FITTINGS 1,300 LB $2.50 $3,250.00 16 HYDRANT 1 EACH $2,542.00 $2,542.00 17 TWO FOOT HYDRANT EXTENSION 1 EACH $484.50 $498.50 18 4" POLYSTYRENE INSULATION 80 SY $5.00 $1,200.00 19 6" GATE VALVE AND BOX 1 EACH $~,25a.75 $1,254.75 20 8" GATE VALVE AND BOX'. 1 EACH $,,492.75 $1,492.75 21 DRAIN TILE REPAIR 30 LF $7.25 $217.50 22 SODDING. TYPE LAWN 40 SY $s.5o $140.00 23 SEEDING TYPE 270RT .750 SY $i.oo $750.00 24 SILT FENCE -HEAVY DUTY ~ 600 LF $s.oo $1,800.00 TOTAL AMOUNT BID: $70,923.14 City of Albertville - T15.21650 SGHEDULE OF UNIT PRICES ' May 26,.2005 PAGE 00500-6 ' DOCUMENT 00510 -NOTICE OF AWARD (to be executed after bid is awarded) ' To: Ellin son Draina a Inca g e . Date: July 6, 2005 P.O. Box 68 Project :Mud Lake Watermain Crossing ' West Concord, MN 55985-0068 City of Albertville Albertville, MN ' BMI Number T15.21650 _ ' You'are hereby notified that your BID dated June 28 , 2005 for the above Contract. has been considered and accepted by the OWNER. The Contract Price is Seventy Thousand Nine Hundred Twenty-Three Dollars and Fourteen Cents ($70,923.14).. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER within fifteen (15) days of this, the 6th day of July. 2005. You must deliver to the .OWNER 3 fully executed .counterparts of the. Agreement, including all the Contract ' Documents. Each of the .Contract Documents must bear your signature. You must deliver with .the .executed Agreement acceptable Contract Security (Bonds), Certificate(s) of Insurance, and other required information. Within ten. days after you comply with the above conditions, the OWNER will return to you 1 fully executed ' counterparts of the Agreement with Contract Documents attached. City of Albertville ' Albertville, MN BY: ' TITLE: C~ ACCEPTANCE OF NOTICE ~~,~,~,~,,~, ~~~~ Receipt of the above NOTICE OF AWARD is hereby acknowledged by Q~[>aC72, ~«t~~„y , this, the day of , 20 BY:' ' TITLE: **** ND OF SECTION**** City ofAlbertville - T15.21650 NOTICE OF AWARD May 26, 2005. ®Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00510-1 DOCUMENT 00550 -NOTICE TO PROCEED (To be e$ecuted after Agreement,Bonds and Insurance Cerfificates are approved) To: Ellingson Drainage, Inc. Date: P.O. Box 68 Project :Mud Lake Watermain Crossing West Concord. MN 55985-0068 City of Albertville Albertville, MN BMI Number T1521650 You are hereby notified to commence. WORK in accordance with the Agreement dated 7uly 6, 2005. The Contract Time shall commence to run on July 6, 2005. WORK shall proceed in accordance with the dates set forth in Article 3 of the Agreement and all other provisions of the Contract Documents. City of Albertville Albertville, MN BY: TITLE: ~ ~ ~. ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by ~/~~5.ln~ ~(L.a,.iL,~ this, the ****END OF SECTION**** City ofAlbertville - T15.21650 NOTICE TO PROCEED May 26, 2005 ®Bolton & Menk, Inc. 2005, All Rights Reserved PAGE OOSSO-1 R DOCUMENT 00610 -PERFORMANCE BOND Bond. No. GRMN23759A Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.. - CONTRACTOR (Name and AddressZ SURETY (Name and Address of Principal Place of Businessl• E11inQSOnDraina~e, Inc. Granite Re, Inc. P.O. Box 68 14001 Quailbrook Drive West Concord, MN 55985-0068 Oklahoma City, OK 73134. OWNER (Name and Addressl City of Albertville 5975 MainAvenue NE Albertville, MN 55301-9776 CONSTRUCTION CONTRACT Date:. July 6, 2005 Amount: Seventy Thousand Nine Hundred Twenty-Three Dollars and Fourteen Cents, ( 70 923..14 Description (Name and Location): Mud Lake Watermain Crossing; .Albertville, MN BOND Date (Not earlier than Construction Contract Date): July 13, 2005 Amount: Seventy Thousand Nine Hundred Twenty-Three Dollars and Fourteen Cents, ( 70 923.14) Modification to this Bond Form: None. CONTRACTOR AS PRINCIPAL ~~1~~ v ~ a Bidder's N e nd Corpor t al By: ignature d Title CONTRA OR ASP CIPAL SURETY (Seal) Granite Re Inc (Seal) Surety's Name and Co orate aI ',~ By; Signature and Title SURETY Jonathan Pate, Attorney-in-Fact. (Seal) (Seal) Surety's Name and Corporate Seal ' Bidder's Name and Corporate Seal By: -- By: Signature and Title Signature and Title City ofAlbertville - T15.21650 May 26, .2005 m Bolton & Menk, Inc. 2005, Alt Rights Reserved PERFORMANCE BOND PAGE 00610-1 ~~ [] ii ~, ~ i~ i~ 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract; which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3. L 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipts of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3. The Owner has agreed to pay the Balance ofthe Contract Price to the Surety in accordance with the terms ofthe Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms ofthe contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Suretyshall promptly and at the Surety's expense take one of a following actions: 4.1. Arrange for the Contractor, with consent ofthe Owner, to perform and complete the Construction Contract; or 4.2. Undertake to perform and complete the Construction Contract itself; through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion ofthe Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess ofthe Balance ofthe Contract Price incurred by the resulting from the Contractor's default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation; determine the amount for which it maybe liable to the Owner and, as soon as practicable after the amounf is determined, tender payment therefore to the Owner; or 2. Deny liability in whole or in part and notify the Owner citing reasons therefore. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promprness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without'further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has temvnated the Contractor's right to complete the Construction Contract, and if the Surety elected to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities ofthe Surety to the Owner shall not be greater than those ofthe Contractor under the Construction Contract, and the responsibilities ofthe Owner to the Surety shall not be greater than those ofthe Owner under the Construction Contract. To the limit ofthe amount of this Bond, but subject to commitment by the Owner ofthe Balance ofthe Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the Contractor for correction of defective work and completion ofthe Construction Contract: 6.2. Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act ofthe Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance ornon-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations ofthe Contractor that are unrelated to the .Construction Contract, and the Balance ofthe Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontractors; purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part ofthe work is located and shall be instituted within two years after Contractor Default or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction ofthe suit shall be applicable. City ofAlbertville - T15.21650 PERFORMANCE BOND May 26, 2005 ®Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00610-2 ] 0. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed incorporated herein.. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. DEFINITIONS 12.1. Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received onto be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other teens thereof. ****END OF SECTION**** City of Albertville - T15.21650 PERFORMANCE BOND May 26, 2005 ®Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00610-3 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) ' County of )) On this day of in the year before me personally come(s) to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. Notary Public ' ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of ) ' County of ) On this day of in the year before me personally come(s) . a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the ' said co-partnership. n Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of ~ ~ n ~ ~~.. ) County of 1 ) On th/is~ ~~~ day o in the year ~, before ~~ ~ `~-~ ~ `~ ;~ Chin ~, to, me known, who, being says that he is the of the me personally come(s) duly sworn, deposes and the corporation described in and which~xecuted the foregoing instrut~ient; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said_.corporation, and that he signed his name there by like order. TAMARA MARIE !AUKS ~22ti C~-~ ~ t/6~ Notary Public-Minnesota Nota Public `' M1l Commiss'wn F.~ires Jan 31, 2010. ry :.... .;~< State of Minnesota ) County of Dakota ) ACKNOWLEDGMENT OF SURETY On this 13th day of J~ , in the year 2005, before me personally come(s) Jonathan Pate, Attorney(s)-in-Fact of GRANITE RE. INC. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s)-in-Fact of GRANITE RE, INC. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attorney(s)-in-Fact of the said company by like order. ,~ . ~w~/ LISA M. FRANGOUR Notary Public NOTARY PUBLIC -MINNESOTA My ~ ~rnmssion Expires Jan. 31, 2010 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA FRANZ, TOM LAHL, LISA M. FRANCOUR its true and lawful Attorney-in-Fact(s) for the following purposes, to ' wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made apart of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: ' JONATHAN PATE, WANDA FRANZ, TOM LAHL, LISA M. FRANCOUR may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer, this 26`h day of October, 2004. a ,,oM~+. e q ~TE~,N !Ds ._ ~ ,. ~... -- ~ s E A L R'~1 i- sher,'0 res~ ent ~° ' STATE OF OKLAHOMA ) .,~,„,.. ~ SS: l~ COUNTY OF OKLAHOMA) Rodman A. Frates, Secretary/Treasurer ' On this 26`h day of October, 2004, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and Rodman A. Frates, .Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company. N Au k ,nor ! ' My Commission Expires: _ May 9, 2008 Commission #:00005708 ~' Notary Public ' GRANITE RE, INC. THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President. shall each have authority to appoint ' individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity- and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, ' however, that the seal shall not be necessary to the validity of any such instrument or undertaking." t IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 13th day of July, 2005. .,117E k@ iy o ~,.eay e c SEA L .:<..•~ Certificate odman A. Frates, Secretary/1'reasurer ' DOCUMENT 00615-PAYMENT BOND Bond No. GRMN23759A Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Businessl: Ellin$sonDrainage,Inc. Granite Re, Inc. P.O. Box 68 14001 Quailbrook Drive West Concord, MN 55985-0068 Oklahoma City, OK 73134 OWNER (Name and Address) ' City of Albertville 5975.Main Avenue NE Albertville, MN 55301-9776 CONSTRUCTION CONTRACT Date: July 6,.2005 Amount: Seventy Thousand Nine Hundred Twenty-Three Dollars and Fourteen Cents ($70,923.14) Description (Name and Location): Mud Lake Wat~a;n Crossing; Albertville, MN BOND. ' Date (Not earlier than Construction Contract Date): July 13 , 2005 Amount: Seventy Thousand Nine Hundred Twenty-Three Dollars and Fourteen Cents, ($70,923.14) ' Modification to this Bond Form: None, CONTRACTOR AS PRINCIPAL SURETY ' E1lingsonDr ' e Inc. (Seal) Granite Re, Inc. (Seal) Bidder's N nd Corpora eal Surety's Name Corporate eal By: ~' By: ' tore itle S gnature and Title CONT OR ASP CIPAL SURETY Jonathan Pate, Attorney-in-.Fact ' (Seal) (Seal).. Bidder's Name and Corporate Seal Surety's Name and Corporate Seal 1 By. By. Signature and Title Signature and Title ' City of Albertville- T15.21650 PAYMENT BOND May 26, 2005 ®Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00615-1 u [] n u I~' ~I i L 0 r~ l,' 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfom~ance of the Construction Contract, which is .incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for payment for labor, materials or equipment furnished for use in the. performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the. Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be .null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond untiL• 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Borid and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the :name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed: and Have either received a rejection in whole or in part from the Contractor or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the. Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and that basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made. in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make. payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located of after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where City of Albertville - T15.21650 May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAYMENT BOND PAGE 00615-2 ~, ~' r-• 'J .the construction was to be performed, any provision in the Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory. bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contract to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the. Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien maybe asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Constnzction Contract: Theagreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and change. thereto, 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. ****END OF SECTION**** City of Albertville - T15.21650 May 26, 2005 ® Bolton & Menk, Inc. 2005, All Rights Reserved PAYMENT BOND PAGE 00615-3 ' ACKNOWLEDGMENT OF PRINCIPAL Individual ( ) State of ) County of ) ) On this day of in the year before me personally come(s) ' , to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. State of ' County of On this Notary Public day of in the year before me personally come(s) a member of the co-partnership of _ to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public 1 ~ ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of ~Y~ h~'~ ~... ) County of ~ ~ ) ) On this day of in the year ~~~ , before me personally come(s) ' ~ ' ~ to me known, who being duly sworn, deposes and says ter t he is the ~ ~ of the ~Sc.~'~-~ . ~ ~ the corporation described in and whic executed the foregoing in rument; that he ' knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board. of Directors of said corporation, and that he signed his name thereto by I' order. ...~ TAMARA MARIE LOOKS ~`-- p~ Notary Public ' My Gamnlalon 6q~bes,ian 3t, X10 CKNOWLEDGMENT OF SURETY State of Minnesota ) ' County of Dakota ) ' On this 13th day of J~ , in the year 2005, before me personally come(s) Jonathan Pate, Attorney(s)-in-Fact of GRANITE RE. INC. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s)-in-Fact of GRANITE RE, INC. company described in and which executed the within instrument; that he know(s) the corporate seal of such ' company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attorney(s)-in-Fact of the said company by like order'~~ ~ ~ ~ ate. ~'N/~ LISA M. FRANGOUR Notary Public NOTARY PUBLIC • MINNESOTA ' `~ My Commission Expires Jan. 31, 2010 ACKNOWLEDGMENT OF PRINCIPAL (Partnership) -) ' GRANITE RE INC. GENERAL POWER OF ATTORNEY 1 Know all Men by these Presents: ' That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA FRANZ, TOM LAHL, LISA M. FRANCOUR its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made ' apart of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: ' JONATHAN PATE, WANDA FRANZ, TOM LAHL, LISA M. FRANCOUR may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer, this 26`h day of October, 2004. ' ~UE Rg iy o~.weq f~ _ _ SEAL ~ ~ STATE OF OKLAHOMA - R'~r, resi ent ) SS: ~ COUNTY OF OKLAHOMA) Rodman A. Frates, Secretary/Treasurer On this 26~' day of October, 2004, before me personally came R. Danyl Fisher, Vice President of the GRANITE RE, INC. Company and ' Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that. they, the said R. Danyl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that ' the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company. A ,~oT~ ~( My Commission Expires: ' May 9, 2008 Commission.#:00005708 Notary Public ' GRANITE RE, INC. THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES ' that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint ' individuals asattorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or .evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile. thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." 0 IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 13th day of July, 2005. .NIIE R@~ N O ~e.°W ~ C SEA L ~,,.~= Certificate odman A. Frates, Secretary/Treasurer i~ i~ This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and -the Controllinf; Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By ~ A C E C National Society of ~~~~ gmerican Society Professional Engineers of Civil Engineers ,,,,,:,;,~.,, c,,, ~,n ~,~ ~it+c,Nre,nnc co,.ns~Nir,. Prolessional Engineers in Private Practice PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the ' NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ' AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by //`~ 6lAfgq~ /Y 1nt f~f q IYtPC~, ~'~giou~r. ~~s~•~ £ q 6- The Associated General Contractors of America Knowledge for Creating and Sustaining ' the Buill Environment Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 1 J J [l ' C i h ©2002 opyr g t National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 1 i~ i~ i~ i~ i~ These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of'the Construction Contract. Copyright ©2002 National Society of Professional Engineers t'or EJCDC. All rights reserved. 00700 - 2 iLi TABLE OF CONTENTS Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY ..............................................................................................................6 1.01 Defined Terms ..........................................................................................................................................................6 1.02 Terminology ................................................................................................................................................. ............8 ARTICL E 2 -PRELIMINARY MATTERS .................................................................................................................... ............9 2.01 Delivery of Bonds and Evidence of Insurance ............................................................................................. ............9 ~: 2.02 2.03 Copies of Documents ................................................................................................................................... Commencement of Contract Times; Notice to Proceed ............................................................................... ............9 ............9 2.04 2.05 Starting the Work ......................................................................................................................................... Before Starting Construction .................................................................... .................................................. ............9 ............9 2.06 . Preconstruction Conference ......................................................................................................................... ............9 2.07 Initial Acceptance of Schedules .................................................................................................................... ............9 ARTICL E 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .............................................................. .........10 3.01 3.02 Intent ........................................................................................................................:.................................... Reference Standards ..................................................................................................................................... .........10 .........10 3.03 3.04 Reporting and Resolving Discrepancies ....................................................................................................... Amending and Supplementing Contract Doctiments ..................................................................................... .........10 .........1 l 3.05 Retise of Documents ...................................................................................................................................... ......... i 1 3.06 Electronic Data .......................................................................................................... l I ................................... ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ....................................................................................... ......... ......... l 1 4.01 Availability of Lands ..................................................................................................................................... .........11 4.02 4.03 Subsurface and Physical Conditions ............................................................................................................. Differing Subsurface or Physical Conditions ................................................................................................ .........12 .........12 4.04 Underground Facilities ................................................................................................................................. .........13 4.05 Reference Points ........................................................................................................................................... .........13 4.06 Hazardous Environmental Condition at Site ................................................................................................. .........13 ARTICLE 5 -BONDS AND INSURANCE .................................................................................................................... .........14 5.01 Performance. Payment, and Other Bonds ..................................................................................................... .........14 '' 5.02 5.03 5.04 5.05 Licensed Sureties and Insurers ..................................................................................................................... Certificates oflnsurance ............................................................................................................................... Contractor's Liability Insurance ................................................................................................................... Owner's Liability Insurance ......................................................................................................................... Pro er Insurance ...................................... p ~ ............................................................................................... .........15 .........15 .........15 .........16 .........16 5.07 Waiver o Rt hts ........................................................................................................................................... f g .........17 5.08 Receipt and Application of Insurance Proceeds ....................................................................................................17 5.09 Acceptance of Bands and Insurance; Option to Replace .......................................................................................17 5.10 Partial Utilization, Acknowledgment of Property Insurer .....................................................................................18 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES ..........................................................................................................18 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 6.09 6.10 6.11 6.12 6.13 6.14 6.15 Supervision and Superintendence ..........................................................................................................................18 Labor°; Working Hotirs ...........................................................................................................................................18 Services, Materials, and Equipment .......................................................................................................................18 Progress Schedule ..................................................................................................................................................18 Substitutes and "Or-Equals" .................................................................................................................................19 Concerning Subcontractors, Suppliers, and C>thers ...............................................................................................20 Patent Fees and Royalties ......................................................................................................................................21 Permits ...................................................................................................................................................................21 Laws and Regulations ............................................................................................................................................21 Taxes ......................................................................................................................................................................22 Use of Site and Other Areas .................................................................................................................................:.22 Record Documents .................................................................................................................................................22 Safety and Protection .............................................................................................................................................22 Safety Representative .............................................................................................................................................23 Hazard Communication Programs .........................................................................................................................23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 • ..23 6.16 Emergencies ......................................................................................................................................................... 6.17 Shop Drawings and Samples ...................................................................................................................................23 6.18 Continuing the Work ..............................................................................................................................................24 ,~ ........................................ 6.19 Contractor's General Warranty and Guarantee .................... •••••••••••..........•••••••••••••••••••24 6.20 Indemnification ......................................................................................................................................................24 6.21 Delegation of Professional Design Services ..........................................................................................................25 ARTICLE 7 -OTHER WORK AT THE SITE .........................................................................................................................25 .................................................................................................. 7.01 Related Work at Site ........................................... ..25 .......................................................................................................................... 7.02 Coordination .............................. ..26 7.03 Legal Relationships ................................................................................................................................................26 ARTICLE 8 - OWNER'S RESPONSIBILITIES .................................................................................................................:....26 ............................................................................................. 8.41 Communications to Contractor ......................... ........26 8.02 Replacement of Engineer .......................................................................................................................................26 8.03 Furnish Data ..........................................................................................................................................................26 8.04 Pay When Due ........................................................................................................................................................26 8.05 Lands anti Easements; Reports and Tests ..............................................................................................................26 8.06 Insurance ................................................................................................................................................................26 8.07 Change Orders .......................................................................................................................................................26 8.08 Inspections, Tests, and Approvals ..........................................................................................................................26 8.09 Limitations on Owner's Responsibilities ................................................................................................................27 !~ 8.10 Undisclosed Hazardozts Environmental Condition ................................................................................................27 8.11 Evidence of Financial Arrangements .....................................................................................................................27 ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION .....................................................................................27 9.01 Owner's Representative .........................................................................................................................................27 ..........27 9.02 Visits to Site .................................................................................................................................................. 9.03 Project Representative ...............................................................................................................................:...........27 9.04 Authorized Variations in Work ...............................................................................................................................27 9.05 Rejecting Defective Work .......................................................................................................................................27 9.06 Shop Drawings, Change Orders and Payments .....................................................................................................28 9.07 Determinations for Unit Price Work ......................................................................................................................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................................................28 ...............................2 8 9.09 Limitations on Engineer's Authority and Responsibilities ...................................................... ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ...........................................................................................................28 10.01 Authorized Changes in the Work ............................................................................................................................28 t~ 10.02 Unauthorized Changes in the Work .......................................................................................................................29 10.03 Execution of Change Orders ..................................................................................................................................29 .............29 10.04 Notification to Sureh~ .................................................................................................:.............................. 10.05 Claims• .................. ...................................................................................................................................29 ............... ARTICLE 11 -COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK .................................................................. 11.01 Cost of the Work .....................................................................................................................................................30 11.02 Allowances .............................................................................................................................................................31 1 1.03 Unit Price Work ...................... ..................,.............................................................................................31 ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .....................................................32 12.01 Change of Contract Price .............. ..32 12.02 Change of Contract Times ......................:..............................................................................................................33 12.03 Delays ....................................................................................................................................................................33 ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......33 13.01 Notice of Defects ....................................................................................................................................................33 13.02 Access to Work .......................................................................................................................................................33 13.03 Tests and Inspections ....................................................................:........................................................................33 ........................................................................ 13.04 Uncovering Work ................................................................ ...........34 13.05 Owner May Stop the Work .....................................................................................................................................34 13.06 Correction or Removal of Defective Work .............................................................................................................34 13.07 Correction Period ..................................................................................................................................................34 13.08 Acceptance of Defective Work ...............................................................................................................................35 ..................................... 13.09 Owner May Correct Defective Work .................................. ...............................................35 ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION ..............................................................................36 14.01 Schedule of Valaees .................................................................................................................................................36 14.02 Progress Payments .................................................................................................................................................36 ' 14.03 Contractor's Warranty of Title ..............................................................................................................................37 14.04 Substantial Completion ..........................................................................................................................................37 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Processional Engineers for EJCDC. All rights reserved. 00700 - 4 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms 9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. fl 1 A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addeiula--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. S. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder--The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements--The Advertisement or Invitation to Bid,,Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 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. 1 1, Contract--The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price--The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete'the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 1 S. Contractor--The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Worly--See Paragraph 11.01 .A for definition. 17. Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such in the Agreement. 1 J fl EJCDC 0-700 Standard General Conditions of the Construction Contract. ' Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 ii r J 20. Field Order--A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone--A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs--Polychlorinated biphenyls. 31. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule--A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or,a part. 34. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material--Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative--The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values--A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site--Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of--way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications--That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 7 administrative requirements and procedural matters applicable thereto. 44. Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier--A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to fi-rnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work--Work to be paid for on the basis of unit prices. 51. Work--The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 8 1 1 t 1 E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 -PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to fi-rnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured tnay reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstrzcction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.OS.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. An rights reserved. 00700 - 9 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instniction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as 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 specifically incorporated by reference in the Contract Documents);' or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All right§ reserved. 00700 - 10 1 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 viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work tnay be authorized, by one or more of the following ways' 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Worlc under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availafiility of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structtires or permanent changes in existing facilities. If Contractor and Owner are unable_to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of .any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - I 1 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used. in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, .but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques; sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: I. 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 nahtre as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or i t n EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers t'or EJCDC. All rights reserved. 00700 - 12 1 1 c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not. limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Conn~actor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that ~~~~ ncr an~1 to Ownci' and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 13 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means.. methods.. techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was .not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. U. (t Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop al] Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fitllest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 -BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -14 1 r in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business 'is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph S.O1.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs S.Ol.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the; Supplementary Conditions. 5.03 Cer°tificates of lnsurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims -for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all-such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; EJCDC C-700 Standard General Conditions of the Construction Contract. C'op~ right ~ 2002 National Societe of Professional Engineers for E.I('D('. 411 rights reserved. 00700 - 15 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.1 1 and 6.20: 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- nicntary Condition,.. to whum a certidca[e of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the frill replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until deal payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refiised until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -16 t deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 W"uivei-of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identited in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss. damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C-700 Standard General Conditions of the Construction Contract. ` Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.O1.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. i f either party does not purchase or maintain all of the bonds and insurance requuired of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. 13. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The ~ superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required- for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume frill responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -18 ~, 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal " Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.OS.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Fnginccr d~tcrn[incs that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.OS.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.OS.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same ttse as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - i 9 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. 3) will identify: a) all variations of the proposed substitute item from that specified ,and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substihte proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.U~.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.OS.A and 6.OS.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to I'ara~raphs 6.05.A.? and 6.OS.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evahtating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Sa~bconh•ucta•s, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute awaiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 20 1 n r s or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 21 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6. I I Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and .hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structccres: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Prot'essional Engineers t'or EJCDC. All rights reserved. 00700 - 22 t r ~l 1 1 ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 1 1 t _, 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on .the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 23 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Prot'essional Engineers for EJCDC. All rights reserved. 00700 - 24 1 i~ r~ arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2, giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless, such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and. other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 -OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are uriable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 25 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constihtte an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.O1.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.O1.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly fiirnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. ~ 8.05 Lands and Easements; Reports and Tests '~ A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 t s 1 t f_l 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 Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to fi~rnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to snake exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply, with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. Tn connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.O5.B. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier.. any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 -CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor, subject to the provisions of Paragraph 10.05. notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 28 U 1 1 LJ t 1 'i~ 1 u 1 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Tithes with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.O1.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2, changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in .accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.O1.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.O5.C or denial pursuant to Paragraphs 10.O5.C.3 or 10.O5.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. AlI rights reserved. 00700 - 29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 1 [] 11.01 Cost of the Work A. Costs Included: The term Cost of the Work mean; the sum of all costs, except those excluded in Paragraph 11.O1.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 1 1.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, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accnie to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including ri-ansportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which .are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and f'or which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers t'or EJCDC. All rights reserved. 00700 - 30 i LJ 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 1 facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.O1.A.1 or specifically covered by Paragraph 11.O1.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. fl 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for' delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 1 1.O1.A and 1 1.O1.B. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.O1.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.O1.A and 11.O1.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation ,overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Doam~ents 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 31 times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entit]ed to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.O1.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.O1.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.O1.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: I . a muhlally acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.O1.A.1 and 1 l .01.A.2, the Contractor's fee shall be I S 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 Paragraph 12.O1.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.O1.A.1 and 11.O1.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.4, 11.O1.A.5, and 11.O1.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.O1.C.2.a through 12.O1.C.2.e, inclusive. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 32 t a f. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, Hoods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 33 costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. 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. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would .void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: u s r 1 ~~ 1. repair such defective land or areas; or 2. correct such defective Work; or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 34 i e LJ 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be constnled as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such .claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 35 ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. if payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a fiinctioning whole prior to or upon Substantial. Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed , inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. , 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: or trol the Work di t i , , or con rec se, a: to superv b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or with Laws l t il ' f , o comp y ure s a c. for Contractor and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or , EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36 u e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b, the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.S.a through 14.02.B.S.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 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. I . 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Worl< substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 37 D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Finallnspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment ~J 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not. limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in frill 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 frill, Contractor may furnish a bond or other collateral EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 38 ____ ri n u u 1 t r 1 satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and ,will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fitlly completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of al] Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE IS - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from tune to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: ' EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 39 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and expedient. complete the Work as Owner may deem C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any fiirther payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Ovv~~er May Teri~zi~~ate For Coiwe~aience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, -terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. AlI rights reserved. 00'700 - 40 ij t 1 1 1 ARTICLE 16 -DISPUTE RESOLUTION t L i~ 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.O5.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph lO.OS.C or a denial pursuant to Paragraphs 10.O5.C.3 or 10.O5.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2, agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 -MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.0? Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 41 i~ n ~~ DOCUMENT 00800 -SUPPLEMENTARY CONDITIONS INDEX SUPPLEMENTARY CONDITIONS -GENERAL COMMENTS SC-1 DEFINITIONS and TERMINOLOGY SC-2.O1.B. DELIVERY OF PROOF OF INSURANCE SC-2.03 CONTRACT TIME AND STARTING & COMPLETION DATES SC-2.04.B CANCELLATION OF AWARD SC-4.02.A.1 SUBSURFACE CONDITIONS SC-4.02.A.2 PHYSICAL CONDITIONS SC-4.03 DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS SC-4.04 PHYSICAL CONDITIONS -UNDERGROUND FACILITIES SC-4.05 REFERENCE POINTS SC-4.06.C HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE SC-4.06.C HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE -CONTRACTOR RESPONSIBILITY TO NOTIFY SC-4.07 HISTORIC OR PALEONTOLOGIC CONDITIONS -CONTRACTOR RESPONSIBILITY TO NOTIFY SC-5.01 PERFORMANCE AND PAYMENT BONDS SC-5.01 PERFORMANCE AND PAYMENT BONDS SC-11.03.C CHANGES IN UNIT PRICE QUANTITIES SC-11.03.B PLAN QUANTITY PAYMENTS SC-12.03.B DELAYS SC-12.04 LIQUIDATED DAMAGES SC-13.06.b DELAYS SC-13.07.E START OF TWO YEAR CORRECTION PERIOD SC-14.01 SCHEDULE OF VALUES SC-14.02 APPLICATION FOR PAYMENTS SC-14.02.B. REVIEW OF APPLICATIONS SC14.02.C2 PROGR)CSS PAYMENT TO SUBCONTRACTORS SC-14.04.A & 14..10 SUBSTANTIAL COMPLETION AND PARTIAL UTILIZATION WAIVERS SC-14.07.A.4 WITHHOLDING OF INCOME TAX AT SOURCE SC14.07.C2 FINAL PAYMENT TO SUBCONTRACTORS SC-15.03 OWNER'S RIGHT TO TERMINATE FOR CONVENIENCE SC-16 DISPUTE RESOLUTION EXHIBIT A -RESIDENT PROJECT REPRESENTATIVE EJCDC C-700 - 2002 Standard Edition City of Albertville - T15.21650 May 26, 2005 SUPPLEMENTARY CONDITIONS ® Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00800-1 1 SUPPLEMENTARY CONDITIONS TO THE STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT SUPPLEMENTARY CONDITIONS -GENERAL COMMENTS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2002 ed.) and other provisions of the Contract Documents as indicated below. All provisions which are not so .amended or supplemented remain in full force and effect. Any reference to the Articles of the General Conditions shall be construed to include these articles as supplemented. The paragraph number for each item in these Supplementary Conditions corresponds to the equivalent paragraph ' number of the Section of the General. Conditions which is being modified. SC-1 DEFINITIONS and TERMINOLOGY ' The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 ed.) have the meanings assigned to them in the General Conditions. The following definitions shall supplement the originals to expand their meaning: I.O1.A.23 Hazardous Waste - This shall include all "Pollutants or Contaminants".and those materials specifically listed as hazardous by the U.S. Environmental Protection Agency, The Minnesota Pollution Control Agency, the Minnesota Department of Health and/or the Occupational Health and Safety Administration. l A1.A.44 Subcontractor - An individual, firm or corporation having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the work whether at or away fromthe site. The following definitions are added for purposes of the General Conditions, Supplemental Conditions and Specifications: 1.O1.A.01 Access Road -That roadway included within the construction limits for egress and ingress from ' a public roadway to the construction site. I.O1.A.02 Add Alternate - A series of alternates which represent individual elements of the project and may be chosen, in any combination, by the Owner, and when added to the base bid will define the final awarded scope. of work to be performed. 1.O1.A.2.01 Alternates/Alternatives - A different procedure or variation in the project design which may include other materials and/or procedures. ~' 1.O1A.8.01 Bonds--Performance and payment bonds and other instruments of security. 1.O1.A.17.01 Easement -Aright acquired to use or control property for a designated purpose. 1.O1.A.19.01 ENGINEER'S Consultant--An individual or entity having a contract with ENGINEER to .furnish services as ENGINEER'S independent professional associate or consultant with respect to the Project - and who is .identified as such in the Supplementary Conditions. ' 1.O1.A.19.02 Extra Work -Any work not required by the Contract as awarded, but which is authorized and performed by Supplemental Agreement, either at negotiated prices or in accordance with Article i 1 of the Standard General Conditions. 1.O1.A.23.01 Incidental, Incidental Item - A unit of Work for which no direct payment will be made. 1.O1.A.23.02 Item - A unit of Work for which a price is provided in the Agreement. 1.O1.A.28.01 Operator- An individual, firm or corporation performing the tasks and listed on the National Pollution Discharge Elimination System/State Disposal System (NPDES/SDS) Permit. 1.O1.A.29.01 Partial Utilization--Use by OWNER of a substantially 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. 1.01.A.33.01 Plan Quantity - A fixed quantity for a proposal or contract line item. which is multiplied by the unit price to find the final payment value of the work done under said contract line item. No field ' City of Albertville - T15.21650 SUPPLEMENTARY CONDI ION T S May 26, 2005 ©Bolton & Menk, lnc_ 2005, All Rights Reserved PAGE 00800-2 1 verification is made of the. actual quantity upon completion of the project. The fixed quantity is considered to be the final quantity. 1.O1.A.37.01 Right-of-Way -The whole area which is secured and reserved for highway purposes, railroad purposes, or through which the improvement is located. 1.O1.A.37.02 Roadway -Where curbs are constructed, that area located between the curb lines. Where curbs are not constructed, that area located between the outside shoulder lines. ' 1.O1.A.43.01 Standard DraW1nQS and/or Plates -Drawings which show standard construction details which have been prepared andlor approved by the ENGINEER and are usually bound with the specifications or available m Mn/DOT manual of Standard Plates. ' 1.O1.A.43.02 Supplemental Agreement -Supplemental Agreement shall apply to State and Federal Aid Projects and shall be as defined in MnlDOT Specifications, Division I. 1.O1.A.52.01 Working Day - A calendar day, exclusive of Saturdays, Sundays, and State recognized ' legal holidays, on which weather and other conditions not under the control of the Contractor will permit construction operations to proceed for at least 2 hours of the day with the normal working force engaged in performing the controlling item or items of work which would be in progress at that time. ' SC-2.01.8. DELIVERY OF PROOF OF INSURANCE The following Sentence shall be added immediately after Paragraph 2.01.8 of the General Conditions. 2.0I .B "At the time the CONTRACTOR delivers all certificates of insurance and other proof of insurance ' to OWNER, the CONTRACTOR shall include evidence of the carver's "AM BEST" rating of A-VIII or better, as may be required by the General Conditions andlor these Supplemental Conditions." SC-2.03 CONTRACT TIME AND STARTING & COMPLETION DATES ' The following Paragraphs 2.03.8 and 2.03.C shall be added immediately after Paragraph 2.03 of the General Conditions: ' 2.03.8 In the event the Contract Time is determined by Working Days or Calendar Days, assessment of Working Day or Calendar Day charges will begin no earlier than the tenth day after the effective date of the Agreement. In the event the CONTRACTOR elects to begin work prior to the Starting Date; working .day charges will begin on the first day the work commences. ' 2.03.C Construction of the project may begin after all ofthe preliminary matters of Article 2 of the General Conditions have been satisfied. The CONTRACTOR shall remain on the project site, working to maintain the accepted construction schedule, from the first day the work begins until substantial completion: SC-2.04.8 CANCELLATION OF AWARD The following Paragraph 2.04.8 shall be added immediately after Paragraph 2.04.A of the General Conditions. 2.04.E The OWNER reserves the right to cancel the award of any Contract at any time before issuance of Notice to Proceed for said Contract without any liability against the OWNER, its agents, officials, employees or consultants. SC-4.02.A.I SUBSURFACE CONDITIONS The. following ]?aragraph 4.02.A. l .a shall be added immediately after Paragraph 4.02.A.1 of the General Conditions and before Paragraph 4.02.A.2. 4.02.Aa.a Available well and boring logs and recent water sampling data are included for reference,after the Specifications. This information is included for the convenience of the CONTRACTOR and is for reference only. 4.02.8 Add the following sentence after the first sentence of Paragraph 4.02.8 and before the word "Such." Any reiiarice by the CONTRACTOR on the "technical data" shall be limited by those instructions and .limitations included in the reports containing the information. SC-4.02.A.2 PHYSICAL CONDITIONS City of Albertville - T 15.21650 SUPPLEMENTARY .CONDITIONS May 26, 2005 ®Bolton & Meek, Inc. 2005, Att Rights Reserved PAGE 00800-3 The following Paragraphs 4.02.A.2.a, 4.02.A.2.b and 4.02.A.2.c shall be added immediately after Paragraph ' 4.02.A.2 of the General Conditions and before Paragraph 4.02.B: 4.02.A.2.a No drawings of any structures were used in the preparation of the Contract Documents. 4.02.A.2.b No existing structures (except as Underground Facilities referenced in Paragraph 4.04) are ' known by the OWNER or ENGINEER to exist within the limits of the Project site, and no drawings of any. structures were used in the preparation of the Contract Documents. ' 4.02.A.2.c Nothing in Paragraph 4.02 or any of its subparagraphs or supplementary subparagraphs shall release the CONTRACTOR from any responsibilities with respect to physical conditions in/or relating to existing structures contiguous to or near the project site. SC-4.03 DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS ' Add the following Paragraph 4.03.D immediately after Paragraph 4.03.C.3 of the General Conditions and before Paragraph 4.04: 4A3.D CONTRACTOR shall not construe any portion of Paragraph 4.03 or any of its subparagraphs to infer that a contract change maybe made for varying subsoil types or for varying groundwater levels. SC-4.04 PHYSICAL CONDITIONS -UNDERGROUND FACILITIES ' The following Paragraphs 4.04.C through 4.04.G shall be added immediately after Paragraph 4.04.B of the General Conditions. ' 4.04.C The CONTRACTOR may be required to make certain exploratory excavations ahead of the construction to locate underground utilities such as existing water mains, sewer lines and services, gas mains, telephone lines and electrical lines. These excavations shall be made at the request and m the presence of the ENGINEER or his representatives in order that alignment and/or grade changes maybe made if deemed ' necessary. Any compensation for the cost of the exploratory excavations shall be considered incidental to the construction unless indicated otherwise in the Specifications. 4.04.D The CONTRACTOR shall notify the Gopher State One-Call Agency at least 48 hours prior to any ' excavation work in accordance with the requirements of that agency. 4.04.E No direct compensation will be paid by the OWNER for delays which may occur because of conflicts in grades with public or private utility lines; or, delays caused by private utility lines which maybe found to be in conflict with the construction of the project. Further, the CONTRACTOR shall be prepared to cooperate with utility companies in any relocation or reconstruction of any portion of their lines within the construction zone, or directly affected by the construction of the project. ' 4.04.F The utility information shown on the Plan may not be complete and is furnished from information supplied by various utility companies as an indication of the presence of utility lines in the vicinity of construction. The CONTRACTOR is the sole party responsible for contacting the utility companies to ' determine the. extent and exact location of their facilities and to ascertain-whether they are likely to be affected by the construction. The CONTRACTOR shall review with them the location of their utilities within the project limits and shall discuss the intended progress. In the event of accidental damage to any such facility, the CONTRACTOR shall immediately notify the utility company and cooperate fully in ' whatever is necessary to repair such facility or restore service. 4.04.G The CONTRACTOR shall assume full responsibility for all damages to property of such character, resulting from any act, omission, neglect or misconduct in the execution ornon-execution of the Work. ' SC-4.05 REFERENCE POINTS Delete Paragraph 4.05 of the General Conditions in its entirety and insert the following Paragraph 4.05 in its place: 4.OS.A. The OWNER will provide engineering surveys to establish reference points for construction as described in Section 01720, Field Engineering, of the Specifications. SC-4.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE City of Albertville - Ti5.21650 SUPPLEMENTARY CONDITIONS May 26, 2005 td Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00800-4 The following Paragraphs 4.06.A.1 and 4.06.A.2 shall be added immediately after Paragraph 4.06.A. of the General Conditions and before Paragraph 4.06.B. 4.06.A.1 No exploration or tests of hazardous environmental conditions at the sites were prepared or utilized fQr preparation of the Contract Documents. ' 4.06,A.2 Each prospective bidder shall make its own interpretation of hazardous conditions and shall, at its own expense, make any surveys and investigations as may be deemed necessary to evaluate conditions which will affect performance of the work. SC-4.06.C HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE -CONTRACTOR RESPONSIBILITY TO NOTIFY 1 C r. i Add the following language immediately prior to the fast sentence of 4.06.C of the General Conditions: "The CONTRACTOR shall acknowledge that the cost of cleanup of newly exposed polluted or contaminated conditions is directly related to the extent of the exposure. The CONTRACTOR shall employ personnel who are trained in recognizing. polluted or contaminated conditions. Failure to stop work in connection with newly exposed polluted or contaminated conditions will be construed to increase the CONTRACTOR'S liability relative to cleanup of continued construction beyond the time of initially uncovering the polluted or contaminated condition." SC-4.07 HISTORIC OR PALEONTOLOGIC CONDITIONS -CONTRACTOR RESPONSIBILITY TO NOTIFY Add the following language immediately after Paragraph 4.06.I of the General Conditions and before Article 5. 4.07.A Notice of Discovery of Historic or Paleontologic Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed is potentially of an historic or paleontologic nature, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any work in connection therewith (except in an emergency as permitted by Paragraph 6.16), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any work in connection therewith (except as aforesaid) until receipt of written order to do so. SC-5.01 PERFORMANCE AND PAYMENT BONDS Performance and Payment bonds in the amount of 100% of the contract amount shall be submitted on the foams attached with the Agreement portion of these Contract Documents. The Performance Bond shall remain in force to the end of the warranty/correction period as stated in SC-13.07.E. SC-5.01 PERFORMANCE AND PAYMENT BONDS Delete Paragraph 5.01 and all its sub-paragraphs of the General Conditions in their entirety. No Performance or Payment Bonds are required by the OWNER as a condition of these Contract Documents: SC-11.03.C CHANGES IN UNIT PRICE QUANTITIES Delete Paragraph 11.03.C of the General Conditions in its entirety and insert the following Paragraph 11.03.C.1 in its place: 11.03.C,1 All quantities of work, whether increased or decreased, are to be performed at the unit prices bid and accepted. Any work item quantity may, at the OWNER'S discretion, be increased, decreased or eliminated without change in the accepted unit price. SC-11.03.B PLAN QUANTITY PAYMENTS The following Paragraphs 11.03.B.1 & 2 shall be added immediately after Paragraph 11.03.B of the General Conditions; 1 i .03.B.1 If the letter "P" appears in parentheses after the item description of a bid or contract line item in the Schedule of Unit Prices, the corresponding amount of work listed under the approximate quantity column is considered a plan quantity. ' City ofAlbertvlle - T15.21650 SUPPLEMENTARY CONDITIONS May 26, 2005 m Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00800-5 11.03.B.2 'The OWNER reserves the right to negotiate additional plan quantity items with the successful bidder and to include accepted plan quantity items in the AGREEMENT: SC-12.03.B DELAYS Delete Paragraph 12.03.B of the General Conditions in its entirety and replace it with the following: If Owner, Engineer, or other contractors or utility owners performing other work. for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjusttr-ent in the Contract Times. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times.. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.B. ~~ SC-12.04 LIQUIDATED DAMAGES Add the following Paragraph 12.04 immediately following Paragraph 1.2.03.E and before Article 13 of the General Conditions: ; 12.04 In the event that the work required by this Contract is not completed by the CONTRACTOR within the Contract Time, the CONTRACTOR agrees to pay the OWNER liquidated damages as indicated im the AGREEMENT. Inaction involving recovery of damages for delay, the reasonableness of daily, liquidated damage charges shall be presumed and the amount assessed will be in addition to every other remedy enforceable at law, in equity, by statute or under the Contract. SC-13.06.B CORRECTION OR REMOVAL OF DEFECTIVE WORK Add the following text to the last sentience in Paragraph 13.06.B of the General Conditions: "..... or that would void or otherwise ~ air Owner's s ecial warran and mfi P ty guarantee on work on other projects as a result of making such corrections without first notifying the Owner." SC-13.07.E START OF TWO YEAR CORRECTION PERIOD Modify Paragraphs 13.07.A and 13.07.C of the General Conditions to change all references for the correction. period length from one year to two years. Add the following Paragraph 13.07.E immediately after Paragraph 13.07.D of the; General Conditions and .before. Paragraph 13.08: 13.07.E For purposes of this Paragraph 13.07, the date of Substantial Completion. shall be interpreted as the date when final payment is due in accordance with Paragraph 14.07B and 14.07.(.', and the two year correction period shall commence on the date when final payment is due in accordance with Paragraph 14.07B and. 14.07.C, unless otherwise modified or by Written Agreement. SC-14.01 SCHEDULE OF VALUES Replace Paragraph 14.O1.A. with the following: 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 laid out by the Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. SC-14.02 APPLICATION FOR PAYMENTS Replace Paragraph 14.02.A.1 with the following: A.1. The ENGINEER shall prepare a partial payment estimate on or about the as specified in Paragraph 5.1 of the Agreement in any given month where significant work has been completed. The Pay Estimate sha21 then be forwarded to the Contractor for its review and approval. ` If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materiaEls 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 the OWNER's interest therein, alI of which must lbe satisfactory to OWNER. ' City ofAlbertville - T15.21650 SUPPLEIV[ENTARY CONDITIONS May 26, 2005 m Botton & Menk, Inc. 2005, Art Rights Reserved PAGE 00800-6 Delete Paragraph 14.02.A3 of the General Conditions and add the following Paragraphs in its place: 14.02.A3 Progress Payments (partial payments) will be made in the amount of 95 percent of the value of the completed work, unless specifically modified by the Agreement. The cut-off date for calculation of completed quantities is described in the Agreement. 14.02.A.4 All out-of--state contractors shall comply with all State of Minnesota surety deposit requirements. The OWNER will withhold an additional sum of 8 percent of the amount due the Contractor from each payment and forward it to the Department of Revenue until the CONTRACTOR's state tax obligations are considered fulfilled unless the CONTRACTOR can show reason for exemption. Exemption will be granted provided the out-of--state contractor files Form SD-E (Exemption from Surety Deposits for Out-Of--State Contractors) and meets the exemption guidelines established for the Minnesota Department of Revenue. All necessary forms may be obtained from the Minnesota Department of Revenue, Mail Station 4450, St. Paul, Minnesota 55146-4450, or phone 1-800-657-3777. SC-14.02.B. REVIEW OF APPLICATIONS Delete Paragraph 14.02.B.1. SC14.02.C2 PROGRESS PAYMENT TO SUBCONTRACTORS Add the following Paragraph-SC14.02.C2 immediately following SC14.02.C1 For contracts involving payment with public funds within the State of Minnesota, including but not limited to cities, counties, towns, school districts, political subdivisions or agencies of local government, within ten days after progress or partial payment has been made to the Prime Contractor, the Prime Contractor shall make payment to all Subcontractors for undisputed services provided by the Subcontractor. The Prime Contractor shall pay interest of 1.5% per month or for any part of a month to the Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00 For an unpaid balance of less than $100.00, the Prime Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. SC-I4.04.A & 1.4.10 SUBSTANTIAL COMPLETION AND PARTIAL UTILIZATION WAIVERS Add the following Paragraph 14.OS.A.3 immediately after Paragraph 14.OS.A.2 of the General Conditions. Paragraph 14.OS.A.3 modifies Paragraph 14.04.A and 14.OS.A of the General Conditions and reference is made thereto. 14.OS.A.3 Nothing in Paragraph 14.04.A shall obligate the CONTRACTOR to apply for a Certificate of Substantial Completion for any part of this Project. The provisions for partial utilization of the Project, if any, are established by the Specifications and no Certificate of Substantial Completion will be issued for .partial utilization occurring within the terms of the Specifications. Partial utilization of the Project not covered by the Specifications shall be in accordance with Paragraph 14.OSA and. its sub-paragraphs. If a Certificate of Substantial Completion is not issued, .Substantial Completion shall be when fmal payment is due in accordance with Paragraph 14.07.B. SC-14.07.A.4 WITHHOLDING OF INCOME TAX AT SOURCE Add the following Paragraph 14.07.A.4 immediately following Paragraph 14.07.A.3 of the General Conditions and immediately before 14.07.B: 14.07.A.4 "Final payment will not be made to the CONTRACTOR until a certificate showing that the CONTRACTOR has complied with the provisions of M.S.A. 290.92 requiring withholding of income tax on wages at the source. Said certificate shall be executed by the Commissioner of Revenue. Forms :for certification may be obtained from the Commissioner of Revenue, Centennial Building,: St. Paul, Minnesota 55145.,, SC14.07.C2 FINAL PAYMENT TO SUBCONTRACTORS Add the following Paragraph SC14.07.C2 immediately following SC14.07.C1 City of Albertville - T15.21650 SUPPLEMENTARY CONDITIONS May 26, 2005 ®BoTton & Menk, Inc. 2005, Alt Rights Reserved PAGE 00800-7 For contracts involving payment with public funds within the State of Minnesota, including but not limited to cities, counties, towns, school districts, political subdivisions or agencies of local government, within ten days after final payment has been made to the Prime Contractor, the Prime Contractor shall make payment to all Subcontractors for undisputed services provided by the Subcontractor. The Prime Contractor shall pay interest of 1.5% per month or for any part of a month to the Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00 For an unpaid balance of less than $100.00, the Prime Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, ~' incurred in bringing the action. SC-15.03 OWNER'S RIGHT TO TERMINATE FOR CONVENIENCE Paragraphs 15.03.A.1 through 15.03.A.4 shall apply when the. right to terminate has been exercised after on- site work has been started. Add the following Paragraph 15.03.A.5 immediately following Paragraph 15.03.A.4 of the General Conditions and immediately before 15.03.B. 15.03.A.5 In the event the OWNER exercises its right to terminate before any on-site work has commenced, and if the CONTRACTOR can prove incurred costs associated with ordering materials in good faith, the OWNER will, at its own discretion, either pay the material cost with full delivery of said materials to the OWNER, or pay any restocking charges. SC-16 DISPUTE RESOLUTION ~~ OWNER and CONTRACTOR agree that they shall submit any and all unsettled claims, counterclaims, disputes or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof to the following Mediation /Arbitration procedure for dispute resolution. 16.01 MEDIATION PROCEDURE 16.O1.A Notice to Invoke Procedure ~, Should a dispute arise over the interpretation or application of this Agreement, which cannot be resolved by negotiations between the parties, they shall invoke this Mediation Procedure before proceeding to litigation. Either party may invoke the Procedure by giving. written notice to the ~, other. The notice shall include the designatiomof an executive officer with authority to engage in mediation and settle the dispute. 16.O1.B Response Within fourteen (14) business days of a notice given as provided above, the other party shall respond, designating an executive officer with authority to engage in mediation and settle the dispute on its behalf. 16.O1.C Submission Within five (5) business days of a response given as provided above, the parties shall select a mutually acceptable neutral third party, who shall act as mediator, and schedule the first mediation session to resolve the dispute. All mediation meetings shall be held at the. off ces of the Owner unless otherwise agreed. 16.O1.D No Resolution Through Mediation In the event the parties are unable to reach a resolution of the dispute through the Mediation Procedure, described herein, each party agrees to enter into Arbitration in accordance with the terms and conditions of SC-16.02 of the Supplementary Conditions. 16.01.E Confidentiality To the extent permissible under Minnesota Data Practices Act and the Minnesota Open Meeting Law, by entering into this Mediation Procedure, the parties. shall be taken to agree that. the entire proceeding is confidential; that the parties, their representatives and the Neutral Third Party must keep confidential all statements, whether oral or written, made in this proceeding,. and. all other City of Albertville - T15.21650 SUPPLEMENTARY CONDITIONS May 26, 2005 ®Bolton & Meek, Inc. 2005, All Rights Reserved PAGE 00800-8 matters relating to the proceeding, including the settlement agreement, except when, and insofar as its disclosure is necessary to implement and enforce such agreement. All such matters will be inadmissible and not subject to discovery in any litigation, arbitration, or other proceeding. The Neutral Third Party will be disqualified as a witness, consultant, or expert for any part to this proceeding, and his opinions, records or notes in this proceeding will be inadmissible in any litigation, arbitration or other proceeding. 16.02 ARBITRATION AGREEMENT 1 16.02.A All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.09) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of this Article 16.02. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16.02 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.02.B No demand for arbitration.of any claim, dispute or other matter that is required to be refereed to ENGINEER initially for decision in accordance with paragraph 9.09 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.09; and the failure to demand arbitration within said thirty days' period will result in ENGINEER'S decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.08 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.08. 16.02.C Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty-day or ten-day period specified in paragraph 16.02.B as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in event shall any such demand be made after that date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of lititations. 16.02.D Except as provided in paragraph 1.6.02.E below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER'S Consultant and the officers, directors, agents, employees. or consultants of any of them) who is not a party to this contract unless: 16.02.D.1 The inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitrafion, and 16.02.D.2 Such other person or entity is substantially involved in a uestion of common to those who are already parties to the arbitration and which will arise in such p oceedi gs, and 16.02.D3 The written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consenf to arbitration ofany dispute ,~ nonspecifically described in such consent or to arbitration with any party not specifically identified in such. consent. 16.02 E Notwithstanding paragraph 16.02.D if a claim, dispute or other matter in questions between. OWNER and CONTRACTOR involves the Work of a Subcontractor,. either OWNER or CONTRACTOR mays©in such Subcontractor as a party to the arbitration between OWNER AND CONTRACTOR hereunder. City of Albertville - T 15.21650 SUPPLEMENTARY CONDITIONS May 26, 2005 ®Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00800-9 CONTRACTOR shall include in all subcontracts required by paragraph 6.06.G a specific provision whereby the Subcontractor consents to being joined in arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.02.E nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER, or ENGINEER'S Consultants that does not otherwise exist. 16.02.F If the amount of the dispute submitted for arbitration was less than or equal to $ .15,000, the award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction ,~ thereof, and it will not be subject to modification or appeal. 16.02.G If the amount of the dispute submitted for arbitration was greater than $ 15,000, the award .rendered by the arbitrators. may be accepted by all parties and judgment maybe entered upon it in any court having jurisdiction; or any party may choose to reject the proposed award of the arbitrators and elect to pursue other legal remedies that are available. 16.02.H OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by The American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating .against the other a demand for arbitration pursuant to paragraphs 16.02.A through 16.02.F, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.02.B and 16.02.C above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement. shall not serve as arbitrator of such dispute unless otherwise agreed. City ofAlbertville - T15.21650 May 26, 2005 SUPPLEMENTARY CONDITIONS ® Bolton & Meek, Inc. 2005, All Rights Reserved PAGE AOBOO-10 Ll PART i -GENERAL EXHIBIT A -RESIDENT PROJECT REPRESENTATIVE (RPR) A. If the OWNER and ENGINEER choose to furnish a Resident Project Representative (RPR), assistants and other field staff, they shall assist the ENGINEER in observing performance of the .Work of the CONTRACTOR. There is no expressed, written or implied guarantee that an RPR will be on site at all times. B. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the Work; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. C, The duties and responsibilities of the RPR are limited to those of ENGINEER in the construction Contract Documents, and are further limited and described as follows: D. RPR is ENGINEER'S agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. PART 2 - DUTIES AND RESPONSIBILITIES OF RPR A. Schedules: Review the progress schedule, prepare a schedule of Shop Drawing submittals and review the schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. B. Conferences and Meetings: Attend meetings with CONTRACTOR such as preconstruction , conferences, progress meetings, job conferences and other project related meetings, and prepare and circulate copies of minutes thereof. ~, G Liaison: 1. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist in understanding the intent of the Contract .Documents; and assist ENGINEER in serving as OWNER'S liaison with £ONTRACTOR when CONTRACTOR'S operations affect OWNER'S on-site operations. 2. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. D. Shop Drawings and Samples: 1. Record date of receipt of Shop Drawings and samples. 2. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. 3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. City ofAlbertville - T15.21650 SUPPLEMENTARY CONDITIONS May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Righu Reserved PAGE 00$00-11 i~ E. Review of Work, Rejection of Defective Work, Inspections and Tests: 1. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. 2. Report to ENGINEER whenever RPR believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of work that RPR believes should be corrected or rejected or should be uncovered for examination, or requires special testing, inspection or approval 3. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. 4, Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. F. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. G. Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. H. Records: 1. Maintain orderly files for correspondence, reports or job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 2. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job stte visitors, daily activities,. decisions, observations in'general, and specific observations in more detail as in the case of observing test procedures. 3. Record names, addresses and telephone numbers of all CONTRACTOR'S, subcontractors and major suppliers of materials and equipment. I. Reports: 1. Furnish ENGINEER eriodic r its as re wired of ro ress of the work an P epo q P g d of CONTRACTOR'S compliance with the progress schedule andschedule'of Shop Drawing and sample submittals. . 2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. City of Albertville - T15.21650 SUPPLEMENTARY CONDITIONS May 26, 2005 ®Botton & Menk, Inc. 2005, Ait Rights Reserved PAGE 00800-12 4. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. J. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the establZShed procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the work. K_ Certificates, Maintenance and Operation Manuals: During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to fmal payment for the Work. L. Completion: 1. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a fmal list of items to be completed or corrected. 2. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. PART 3 -- LIMITATIONS OF AUTHORITY A. Resident Project Representative (RPR) 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractor or CONTRACTOR'S superintendent. i~ 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 7. Shall not authorize OWNER to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. City of Albertville- T15.21650 May 26, 2005 SUPPLEMENTARY CONDITIONS ® Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 00800-13 s CONDITIONS OF THE CONTRACT MUD LAKE WATERMAIN CROSSING CITY OF ALBERTVILLE ALBERTVILLE,. MN 01110 -SUMMARY OF WORK 01270 -MEASUREMENT & PAYMENT 01310 -COORDINATION 01315 -PROJECT MEETINGS 01330 -SUBMITTALS 01410 -REGULATORY REQUIREMENTS 01420 -SPECIFICATION REFERENCE 01425 -ABBREVIATIONS 01450 -QUALITY CONTROL 01500 -MOBILIZATION 01550 -MAINTENANCE OF HAUL ROADS & TEMPORARY ACCESS 01555 -MAINTENANCE AND CONTROL OF TRAFFIC 01562 -AIR, LAND AND WATER POLLUTION 01720 -FIELD ENGINEERING 01770 -PROJECT CLOSEOUT laty or Albertvtlle - 175.21650 May 26, 2005 ®Bolton & Menk, Inc. 2005, All Rights Reserved Division 1 -1 SECTION 01110 -SUMMARY OF WORK PART 1 -- GENERAL 1.1 PROJECT LOCATION A. The project is located in Albertville, MN. The project location is shown on the vicinity map in the design drawing set. 1.2 PROJECT DESCRIPTION A. The project involves but is not limited to the complete construction of public improvements for the Mud Lake Watermain Crossing. Individual elements of work shall include, but are not limited to: S, 1. Watermain construction. 2. Removal of bituminous pavement, concrete curb and gutter, concrete sidewalk and other miscellaneous items. 3. Concrete curbing and sidewalk construction. 4. 5 Bituminous street construction. T f i d i . ur restorat on an eros on control. 6. Traffic Control. 7. Other miscellaneous work shown on the plans or specified herein. 1.3 CON'T'RACTOR USE OF PROJECT SITE A. T'he Contractor's use of the project site shall be limited to its construction operations, including on-site sltorage of materials and field offices. No materials shall be stored in a location as to limit access to the affected public. 1.4 INSTALLATION DELAY A. Due to the potential compression of the HDPE pipe after the trenchless construction, a minimum of 48 hours must pass before the HDPE pipe is connected to the ductile pipe. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 OPERATIONAL LIMITATIONS AND REQUIREMENTS A. The Contractor shall confine its work within the limits of the easements, public rights-of--way, and/or construction limits as shown on the plans. If the Contractor desires additional space, it shall be the C'ontractor's responsibility to acquire easements and/or permission, as desired. 3.2 SAFETY HAZARDS A. The Owner, Engineer or their representatives may indicate potential safety hazards noticed at the Construction site. However, the Contractor shall remain the only party liable for the maintenance of safe construction practices. City of Albertville - T15.21650 SUMMARY OF WORK May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 01110-1 3.3 INTERFERENCE WITH TREES A. The Contractor maybe required to trim tree branches that overhang the work zone as specifically identified during construction by the Engineer, where branches are likely to be broken or excessively damaged by construction equipment and activities. Branches which are accidentally damaged during construction shall be trimmed immediately. All trimmed ends shall be coated with an appropriate coating material. B. The Contractor shall protect existing trees within close proximity of the construction from stripping and root damage. Roots extending into excavations shall be cut before excavating in their vicinity. Roots cut or otherwise damaged shall be coated with an appropriate protective dressing prior to backfilling. C. No direct compensation for tree protection and interference shall be made. ****END OF SECTION**** City of Albertville - T15.21650 SUMMARY OF WORK May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 01110-2 i SECTION 01270 -MEASUREMENT & PAYMENT PART 1 -GENERAL 1.1 SUMMARY A. Methods of measurement and payment for all items not individually specified shall be according to the appropriate referenced specification standard. 1.2 MEASUREMENT & PAYMENT A. Payment for Hauled Materials: No compensation will be paid for any weigh ticket received after the date shown on the ticket unless prior arrangements are made with the Engineer. B. Payment for Materials Stored on Site: No compensation shall be paid for materials delivered to the site and not incorporated into the project. C. Payment for Major Lump Sum Items: The Contractor shall submit a schedule of values for major items of construction which are bid as lump sum. The schedule shall identify major sections of work and the percentage of the bid price applied to each. Payment shall be made according to the percentage complete of each major section of work. 1.3 SUBMITTALS s A. The Contractor shall submit to the Engineer a "Certificate of Conformance" statement stating that the scale used to weigh hauled materials has been tested and calibrated for the current construction season. This Certificate shall be from Mn/DOT or other reliable scale servicing company. Providing a certified scale and obtaining such "Certificate of Conformance" is the sole responsibility of the Contractor and all costs associated are considered incidental to the materials being supplied. B. Hauled Materials: The Contractor shall furnish numbered weigh tickets which list the Date, Project, Type of Material, Gross Weight, Tare Weight, Material Weight in tons, and Truck Number for each load brought to the construction site. If the individual pay items are identified on a unit weight basis, the Contractor shall provide the Engineer with a summary type spreadsheet which provides accumulative job totals of all aggregate and bituminous materials hauled to the site and installed on the project. This spreadsheet shall be submitted to the Engineer on a weekly basis. C. Procured Materials: The Contractor shall furnish an insurance bond showing the type of material, the amount of material, the valuation of the material, the stored location, the project, the date, the name and address of the surety. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** City of Albertville - T 15.21650 MEASUREMENT AND PAYMENT May 26, 2005 ©Bolton & Menk, lnc. 2005, All Rights Reserved PAGE 01270-1 SECTION 01310 -COORDINATION PART i -- GENERAL t 1.1 SEQUENCE OF CONSTRUCTION A. The Contractor shall submit a proposed construction schedule, in accordance with the requirements of these specifications, for review and approval. y 1.2 WORKING HOURS A. Except in connection with safety or emergency situations, all work at the site shall be performed during daylight hours. B. Working hours shall be 7:00 a.m. - 7:00 a.m. Monday through Friday. Saturday working hours are 8:00 a.m. - 5:00 p.m. No working is allowed on Sundays or holidays. C. The Contractor shall coordinate any construction or hauling activity in the vicinity of churches, schools, medical facilities, and funeral homes. The Contractor shall be cognizant of the disruptive effects of continued construction during funerals. The Owner reserves the right to temporarily stop construction within one block of, and during the time of, any funeral procession. No compensation shall be granted to the Contractor due to temporary delays caused by funerals. 1.3 TRAFFIC CONTROL ~ A. See reference Specification 01555. 1.4 COORDINATION WITH BUSINESSES AND PRIVATE PROPERTY OWNERS ADJACENT TO THE PROJECT A. The Contractor shall notify all property owners and occupants adjacent to the project 2 days in advance to allow moving machinery and/or vehicles or other items that maybe blocked in or damaged due to the upcoming construction in the area. Access to the properties shall be restored as soon as possible after each phase of construction. 1.5 COORDINATION WITH UTILITY COMPANIES A. The Contractor is responsible for working with public and private utility companies in protecting and/or relocating existing or new utility lines located near and affected by this construction. 1. Coordination with the utility companies is very important and should be considered in planning the work and the associated extra costs involved. 2. Private utility companies are responsible for their own lines and are so obligated under City Code Agreements to protect and/or relocate their utilities, if required to install new City owned utilities in a given area. B. The Contractor shall consult with the City's maintenance personnel when working around or city utilities. C Th C h ' . e ontractor s all also work with the City s maintenance personnel to provide for scheduled water shut-downs in a given area and to provide for continued water service to the properties along the project throughout the duration of the project. City of Albertville - T15.21650 May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved COORDINATION PAGE 01310-1 r-- D. The Contractor shall work with all utility companies, as necessary, to allow for installation and for maintenance of service of gas, power, Iighting, telephone, cable TV, etc. in the boulevards or across the streets. This coordination with the utility companies is the responsibility of the Contractor and is considered incidental to the construction and no additional compensation shall be granted. 1.6 COOPERATION WITH FIRE & EMERGENCY DEPARTMENTS A. The Contractor shall coordinate all work requiring shutting down water services or limiting access to buildings by emergency equipment with the fire & emergency departments. This shall include notification of the daily construction schedule by the Contractor. 1.7 COOPERATION WITH OTHER CONTRACTORS A. The Contractor shall cooperate with other contractors performing construction on other projects in the vicinity of this Project, including but not limited to allowing access for the delivery of equipment and materials. 1.8 COORDINATION WITH SERVICE PROVIDERS A. The Contractor shall coordinate with the postal service, recycling service, garbage collection service, school bus service, etc. to maintain continual uninterrupted service to all residences and businesses throughout the duration of the project. B. The Contractor shall temporarily relocate mailboxes, haul recycling and garbage for residents to a designated pick up location, etc., as required by the subject service provider. All equipment materials and labor required to coordinate with service providers and maintain services shall be incidental to the Contract. PART 2 -PRODUCTS (NOT USED) PART 3 -EXECUTION (NOT USED) ****END OF SECTION**** any of Albertvllle - 17S.Z165U May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved COORDINATION PAGE 01310-2 SECTION 01315 -PROJECT MEETINGS - PART 1 -- GENERAL 1.1 SUMMARY A. Pre-construction Conference l . Prior to the start of the work, a joint meeting will be held with representatives of the Contractor, the Owner, the Engineer, and any other interested parties. This meeting is intended to introduce the various key personnel from each organization and to discuss the start of the work, order of work, labor and legal requirements, insurance requirements, method ofpayment, shop drawing requirements, protection of existing facilities, location of disposal and stockpile areas, and other ertinent it i d i ' p ems assoc ate w th the project. 2. The Contractor shall be prepared to discuss his proposed detailed construction progress schedule. The construction schedule shall be subject to the review of the Owner, Engineer and applicable agencies. B. Construction Progress Meetings 1. Meetings may be held between the Owner, Contractor and Engineer for the purpose of reviewing the project schedule or the status of the project. These meetings will be arranged by the Owner, and/or Engineer, as deemed necessary. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** ~.iry or titoertvtlle - 1 1 S.Z 1650 May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved PROJECT MEETINGS PAGE 01315-1 t 1 1 1 1 1 1 ., i 1 1 SECTION 01330 -SUBMITTALS PART 1 -- GENERAL SUMMARY 1.1 A. The Contractor shall submit three (3) copies of all required submittals and sample items as noted below. The Engineer will review them with reasonable promptness. The Contractor shall make all required corrections and file with the Engineer three (3) corrected sets for final review. If the Contractor requires more than two (2) reviewed copies, the Contractor shall submit additional sets. B. The responsibility for completeness of submittals lies with the Contractor. If the Engineer and/or Owner signs the submittal with no exception taken, such action shall not absolve the responsibilities of the Contractor in any way. ITEMS TO BE SUBMITTED 1.2 1. Written Progress Management Schedule Tool (as defined in Section 0131 ~ - to be reviewed at the Preconstnaction Conference. See Article 3 of 00500 Agreement for contractual time requirements. 2. Concrete Mix Design 3. Geotextile Fabrics -Certificates of Compliance. 4. Watermain (a) Hydrants -Certificates of Compliance. (b) Valves & boxes -Certificates of Compliance. (c) Pipe & fittings -Certificates of Compliance. (d) Manhole structure -shop drawings. (e) Manhole casting -shop drawings. 5. Seeding -Certificates of Compliance for seed mixture. MATERIAL SAFETY DATA SHEETS A. The Contractor shall submit two copies of Material Safety Data Sheets (MSDS) for each material on site to the OWNER. B. The Contractor shall maintain an orderly file of material safety data sheets at the job site. RECORD DRAWINGS A. The CONTRACTOR shall maintain at the construction site one complete set of drawings suitably marked to show all deviations from the original set of drawings and other information as specified. Supplementary sketches shall be included, if necessary, to clearly indicate all work as constructed. B. All manholes, watermain bends and valves shall be located with tie-off dimensions to known items on the plans or in the field to enable the Contractor or City personnel to locate these structures for adjustment. C. All work shall be clearly shown and the record drawings shall be satisfactory to the OWNER in order to insure that adequate information is indicated to show the actual construction. The complete set of City of Albertville - T15.21650 May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved SUBMITTALS PAGE 01330-1 ~l the record drawings shall be submitted to the ENGINEER prior to submittal of the final Application for Payment. Failure of the CONTRACTOR to maintain an up-to-date set of record drawings on the project site shall be reason to withhold payments. All underground lines shall be determined from the record drawings. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 SUBMITTAL ROUTING A. All submittals shall be approved by the Contractor prior to submission to the Engineer. B. A Letter of Transmittal that identifies the submitted item and the review action required shall accompany all submittals. 3.2 RESPONSIBILITY A. The Engineer's review of a submittal shall not relieve the Contractor from the responsibility for deviation from the drawings and specifications unless the Contractor has, in writing, called the Engineer's attention to the deviations at the time of submission; nor shall it relieve the Contractor from the responsibility of errors in the submittals. B. All submittals shall be reviewed by the Engineer prior to their incorporation into the project. If materials are installed without prior review, they will be subject to removal, at the Contractor's expense, if the material is found to be non-conforming to the Specifications. **** END OF SECTION **** City of Albertville - T 15.21650 SUBMITTALS May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 01330-2 SECTION 01410 -REGULATORY REQUIREMENTS PART 1 -- GENERAL 1.1 SUMMARY A. Applicable codes and standards referred to in these specifications shall establish minimum requirements for equipment, materials, construction and shall be superseded by more stringent requirements of drawings and specifications when and where they occur. B. All equipment furnished and installed under the contract shall be designed, fabricated, assembled, installed, and placed into service. The equipment will conform to the applicable provisions of the Federal and State Safety and Health Standards, including but not limited to Federal Occupational Safety and Health Regulations for Construction; the Division of Environmental Health, Minnesota Department of Health; the Minnesota Pollution Control Agency; the Department of Natural Resources; the Minnesota Department of Transportation, Division of Highways; the Minnesota ' Industrial Commission and ordinances of the City that apply to this work. C. All construction methods and tools shall comply with commonly accepted standards for safety and health of personnel engaged on construction, including but not limited to Federal Occupational Safety and Health Regulations for Construction; the Division of Environmental Health, Minnesota Department of Health; the Minnesota Pollution Control Agency; the Department of Natural Resources; the Minnesota Department of Transportation, Division of Highways; the Minnesota Industrial Commission and ordinances of the City that apply to this work. D. Any conflicts between specifications and applicable codes and standards shall be referred to the Engineer. 1.2 PERMITS OBTAINED BY OWNER A. The Owner has applied for the following permits from appropriate authorities. It is anticipated that permission to proceed will be authorized prior to execution of Contract. The Contractor shall perform all work and conduct itself in full accordance with the requirements of the applicable permit: 1. Minnesota Department of Natural Resources -Application for License to Cross Public Land and Waters. 2. Minnesota Health Department -Extension of water mains. B. The Contractor shall be responsible for posting any bonds which may be required as a condition to any permit, listed above. 1.3 PERMITS OBTAINED BY CONTRACTOR 1. The Contractor shall secure and pay the cost of any other permits not mentioned above. PART 2 -- PRODUCTS (NOT USED) ~ PART 3 -- EXECUTION (NOT USED) ~i ****END OF SECTION**** City of Albertville - T15.21650 REGULATORY REQUIREMENTS May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 01410-1 ~9 LJ SECTION 01420 -SPECIFICATION REFERENCE PART 1 -- GENERAL 1.1 GENERAL CONDITIONS A. The "Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition), prepared by Engineers Joint Contract Documents Committee, and issued and published jointly by Professional Engineers in Private Practice (a Practice Division of the National Society of Professional Engineers), American Consulting Engineers Council, American Society of Professional Engineers and the ' Construction Specifications Institute, and Supplementary Conditions shall govern the work of all persons engaged in the performance of the Contract. 1.2 WATERMAIN, SANITARY SEWER AND STORM SEWER CONSTRUCTION A. Watermain, sanitary sewer and storm sewer construction shall conform to the applicable provisions of the "Standard Utilities Specifications for Trench Excavation and Backfill/Surface Restoration Watermain and Service Line Installation and Sanitary Sewer and Storm Sewer Installation" as published by the City Engineers Association of Minnesota, (CEAM) 1999 Edition. ' B. Copies of the Standard Utilities Specifications may be downloaded and printed from the "DOCUMENTS" portion of the City Engineers Association of Minnesota (CEAM) web site at: www. ceam.org C. References to the standard specifications shall serve to supplement or modify the referenced specification. Portions of referenced specifications not specifically affected by the supplemented information of modification shall remain in effect as originally written. D. THREADED ITEMS -All threaded items furnished under this contract, including but not limited to mechanical joint connectors, flanged joint connectors, mainline valves, saddles, corporation stops, curb stops, hydrants, and air release valves shall be furnished to the nominal size as specified with ENGLISH threads. Should the Contractor choose to supply any items with metric threads, the Contractor shall supply full shop drawings of the item(s) with special attention drawn to the metric thread designation proposed. 1.3 II GRADING, STREET AND SURFACE IMPROVEMENTS A. All of Divisions II and III, and any specifically referenced Division I sections of the Minnesota Department of Transportation (Mn/DOT), "Standard Specifications for Construction", 2000 Edition, together with all the Supplemental Specifications and Mn/DOT Technical Memoranda in force 30 calendar days prior to bid date and referencing the use of English units of measure, shall apply to all construction performed under this Contract except as modified in these Specifications. Unless noted, the requirements in the Specifications are in addition to the Mn/DOT Specification section being referenced. Mn/DOT Division A licable I Only when specifically referenced. II & III Always. B. Whenever the word "Contracting Authority," "Department" or "Owner" is used in the sense of ownership as part of these Specifications and Contract, it shall mean Owner as defined in the Agreement. City of Albertville - T15.21650 May 26, 2005 ©Bolton & Menk, fnc. 2005, All Rights Reserved SPECIFICATION REFERENCE PAGE 01420-1 1 ~-1 ~ J1 C. References to the standard specifications shall serve to supplement or modify the referenced specification. Portions of referenced specifications not specifically affected by the supplemented information or modification shall remain in effect as originally written. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 THE CONTRACTOR SHALL HAVE THE FOLLOWING DOCUMENTS AT THE SITE AT ALL TIMES DURING THE CONSTRUCTION: A. The applicable edition of Mn/DOT Standard Specification for Highway Construction. B. Any Supplemental Specifications to the applicable edition of Mn/DOT Standard Specification for Highway Construction. C. Any Technical Memoranda specifically referenced or linked to the execution of the Contract Documents. D. Minnesota Manual of Uniform Traffic Control Devices (MN MUTCD), January 2004. E. Project Manual and Plan Set F. "Standard Utilities Specifications for Trench Excavation and Backfill/Surface Restoration Watermain and Service Line Installation and Sanitary Sewer and Storm Sewer Installation" as published by the City Engineers Association of Minnesota, (CEAM) 1999 Edition. ****END OF SECTION**** City of Albertville - T15.21650 SPECIFICATION REFERENCE May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 01420-2 SECTION 01425 -ABBREVIATIONS PART 1 -- GENERAL 1.1 WHEREVER THE FOLLOWING ABBREVIATIONS ARE USED, THEY SHALL HAVE THE MEANINGS INDICATED: A. AASHTO American Association of the State Highway and Transportation Officials B. ACI American Concrete Institute C. AI The Asphalt Institute D. ASTM American Society for Testing and Materials E. AWWA American Water Works Association F. CEAM City Engineer's Association of Minnesota G. CLFMI Chain Link Fence Manufacturers Institute H. Mn/DOT Minnesota Department of Transportation I. OSHA Occupational Safety and Health Administration J. PCA Portland Cement Association or Minnesota Pollution Control Agency (context obvious) PART 2 - PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** City of Albertville - T15.21650 ABBREVIATIONS May 26, 2005 ~ Bolton & Menk, Inc. 2005, Atl Rights Reserved PAGE 01425-1 PART 1 -- GENERAL ' 1.1 SUMMARY SECTION 01450 -QUALITY CONTROL ' A. TESTS AND INSPECTIONS 1. Where tests or inspections are required by these Specifications and Special Provisions, the Owner shall arrange for, at its expense, the services of an independent testing laboratory to perform the tests utilizing recognized standard procedures and criteria. 2. All testing shall be in accordance with the Mn/DOT Schedule of Materials Control. ' 3. The Owner may perform televised inspection of any and/or all areas under construction included in this project, at its own expense, at any time prior to final payment. All deficiencies discovered in the course of such investigation shall be corrected at the Contractor's expense and, the Owner's satisfaction, prior to final payment 4. Additional testing of on-site and backfill materials for specified density, gradation, and/or soundness maybe performed by the Owner's soil consultant at the Owner's expense. The Contractor, however, shall be responsible for the Owner's cost incurred for re-testing any areas which failed the initial density or material testing 5. The Contractor shall provide access to the site and all work thereon for all required construction observation and testing. PART 2 -- PRODUCTS (NOT USED) PART 3 -EXECUTION (NOT USED) J C ****END OF SECTION**** City of Albertville - T15.21650 QUALITY CONTROL May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 01450-1 SECTION 01500 -MOBILIZATION PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the mobilization of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to construct the project. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Mobilization shall be measured by the LUMP SUM (LS) and paid at the price bid. No additional payment will be made for having to remobilize due to the 48 hour delay after the trenchless construction or delays caused by weather, utility conflicts, etc. 13 SPECIFICATION REFERENCES A. Mn/DOT Specification Section 2021 shall apply to mobilization. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) ****END OF SECTION**** City of Albertville - T15.21650 MOBILIZATION May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 01500-1 ' SECTION 01550 -MAINTENANCE OF HAUL ROADS & TEMPORARY ACCESS PART 1 -- GENERAL ' I.1 MAINTENANCE ' A. The Contractor shall notify and obtain the approval of the Engineer for the use of all haul roads and construction easement areas within the City limits not specifically noted below. The Contractor will be required to deliver new materials and dispose of all excavated material plus removal items only on designated haul roads. This also applies to equipment entering and leaving the project site such as ' backhoes and front end loaders. B. The Contractor shall confine all operations, ingress and egress to the designated haul roads. The Owner may assess a fee in the amount of $ 500 per day for each day that the Contractor occupies or travels on non-designated haul roads. The fee shall be in addition to damages assessed against the Contractor to repair damage caused to the roadway. ' C. The Contractor shall maintain and repair any damage to haul roads. Maintenance shall include, but not be limited to, the following: blading, patching, signing, graveling and dust control. This work will be at the Contractor's expense, without any direct compensation being made other than the ' payment received for Contract items. D. The Contractor shall be responsible for all roadbed maintenance over backlilled trenches and roadbed subgrade during the construction period. ' 1.2 REFERENCED SPECIFICATION ' A. Mn/DOT Specification 1515, Control of Haul Roads B. Mn/DOT Specification 2051, Maintenance and Restoration of Haul Roads. ' C. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS (NOT USED) u 1 PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. Reclaimed bituminous and salvaged aggregate base maybe used for temporary access surfacing. No additional compensation shall be granted for the installation, removal and disposal of materials utilized in this way. ****END OF SECTION**** City of Albertville - T15.21650 MAINTENANCE OF HAUL ROADS & TEMPORARY ACCESS May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 01550-1 SECTION 01555 -MAINTENANCE AND CONTROL OF TRAFFIC PART 1 -- GENERAL ' 1.1 SUMMARY A. Traffic Control 1. All traffic control methods shall conform to the provisions of the latest edition of the Minnesota Manual of Uniform Traffic Control Devices (MN MUTCD), including its supplements. ' 2. The Contractor shall furnish, install, maintain and remove all traffic control devices including , but not limited to, construction signs, barricades and bamcade weights, traffic marking tape, and warning lights which are needed for the guidance, warning and control of traffic adjacent to and t through this project. 3. The Contractor shall provide sufficient surveillance of the traffic control devices to insure compliance during the entire construction period. The Contractor shall furnish names, addresses, d h ' an p one numbers of at least two (2) local individuals responsible for the traffic control devices to: The Engineer The Owner Local Law Enforcement Agencies 4. The Contractor shall schedule the work to cooperate fully with residential and business property owners abutting the project to minimize the time of restricted access to their property during the construction period. S. The cost of maintaining vehicular and pedestrian traffic on temporary aggregate surfaced drives, ' walkways, including the eventual removal of the aggregate material, shall be considered. incidental to traffic control. 6. In the event that traffic be detoured around the construction zone, the Contractor shall prepare the detour route with the appropriate Agency representatives. The Contractor shall provide and maintain all signing and other traffic control required. The affected Agency shall be notified by the Contractor before re-routing traffic. Dust control and road maintenance of the by-pass route h ll b h C ' ' s a e t e ontractor s responsibility. 7. In the event that the Contractor cannot fmish the installation of watermain in the street during one construction day, the watermain trench must be filled and traffic flow restored each night. 8. The Contractor shall be responsible for securing a site for storage of construction equipment and materials. B. General Construction and Traffic Requirements 1. The parking of Contractor's Vehicles that obstruct any traffic control devices will not be permitted. 1.2 COMPENSATION A. Traffic Control shall be measured and paid by the LUMP SUM (LS) and paid at the price bid. The ' item shall include alI repair, modifications, and additions to the traffic control layout as deemed necessary by the Engineer. i~ ', 0 City of Albertville - T15.21650 May 26, 2005 MAINTENANCE AND CONTROL OF TRAFFIC ® Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 01555-1 SECTION 01562 -AIR, LAND AND WATER POLLUTION PART 1 -GENERAL 1.1 AIR AND WATER POLLUTION A. Pollution of natural resources of air, land and water by operations under this contract shall be prevented, controlled, and abated in accordance with the rules, regulations and standards adopted and established by the Minnesota Pollution Control Agency, and in accordance with the provisions of Mn/DOT 171? and 1803.5 as modified below. B. The Contractor shall perform dust control operations whenever necessary to prevent the production of dust in amounts damaging to property, vegetation, animals, or persons in the vicinity of the construction. The Contractor shall be responsible for any damage resulting from dust originating from the construction. The dust abatement measures shall be continued until the Contractor is relieved of further responsibility under these Contract provisions. C. The Contractor shall provide and maintain all sanitary accommodations for use by employees. '~ D. All solid waste material shall be disposed by the Contractor in accordance with the local and State solid waste disposal regulations. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 DUST CONTROL A. Requests for water to be placed for dust control shall be accomplished within 4 hours of notification and shall also include evenings and weekends as required or deemed necessary by the Owner or the Engineer. Failure to perform the work requested within the 4 hours may result in a contract deduction of $ 100 for each 4 hour period that the work is incomplete, as observed by the Engineer. ****END OF SECTION**** ' City of Albertville - T15.21650 AIR, LAND AND WATER POLLUTION May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 01562-1 PART 1 - -GENERAL SECTION 01720 -FIELD ENGINEERING A. Unless otherwise specified in the specific sections, Owner shall provide engineering surveys to establish reference points for construction as follows: 1. Watermain: The staking interval for watermain shall be 50 feet. No staking shall be provided for valves or fittings. 2. The Contractor shall give the Engineer two working days to provide staking for the orderly progress of the work and shall provide clear line of sight for all staking. 3. The stakes are an integral part of the project and the Contractor shall protect and preserve all such stakes and marks, and may be charged with the expense of resetting all such stakes and marks destroyed or disturbed due to the Contractor's carelessness or negligence. Stakes that are destroyed due to vandalism, erosion or other incidents shall be re-staked by the Engineer, at the Contractor's expense. 4. In the event of apparent or questionable errors or inconsistencies in such stakes set for control of line and/or grade, the Contractor shall promptly notify the Engineer of such error or inconsistency and shall not proceed with the work until such stake, grade, or mark shall have been verified or corrected by the Engineer. 5. All other line and grade staking shall be the responsibility of the Contractor. The Contractor shall furnish sufficient equipment and personnel for determination of plan grades, cross sections, course thicknesses, etc. 1.2 SPECIFICATION A. Water Distribution System -See CEAM 2611.3 (A2). t B. Pipe Sewers -See CEAM 2621.3 (A2). PART 2 -- -- PRODUCTS (NOT USED) PART 3 -- -- EXECUTION (NOT USED) ****END OF SECTION**** City of Albertville - T15.21650 May 26, 2005 FIELD ENGINEERING ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 01720-1 u u r PART 1 -GENERAL 1.1 FINAL INSPECTION SECTION 01770 -PROJECT CLOSEOUT A. After the cleaning up of the work, premises, and all other areas and structures connected with the performance of the contract, the work as a whole, shall be examined by the Engineer and Owner; and, any workmanship or materials found not meeting the requirements of the specifications shall be identified and included on a punch list given to the Contractor. B. The Contractor shall, at its own expense, promptly remove, replace, repair, or otherwise correct the deficiencies with good and satisfactory workmanship and material to the satisfaction of the Owner and Engineer. [l C. In the event that the Contractor does not satisfactorily remove, replace, repair, or otherwise correct the deficiencies within thirty (30) calendar days after receipt of the punch list, the Owner reserves the right to employ the services of other contractors andlor service organizations to conduct the necessary work and deduct any and all associated costs from final payment to the Contractor. The entry of such other agents on the project to perform this work will not relieve the Contractor from any of its warranty, maintenance or start-up obligations. 1.2 PROJECT ACCEPTANCE A. The project shall be accepted after the final examination has been conducted and all settlement, defects, damages, etc., discovered during the previous examination have been remedied and the Owner has accepted the improvements and approved final payment. PART Z -- PRODUCTS (NOT USED) PART 3 -EXECUTION (NOT USED) **** END OF SECTION **** i~~ City of Albertville - T15.21650 May 26, 2005 PROJECT CLOSEOUT ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 01770-1 i TECHNICAL SPECIFICATIONS MUD LAKE WATERMAIN CROSSING CITY OF ALBERTVILLE ALBERTVILLE, MN 02220 -REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES 02240 - DEWATERING 02320 -TRENCH EXCAVATION, BEDDING AND BACKFILL 02370 -EROSION AND SEDIMENT CONTROL 02446 - TRENCHLESS PIPELINE 02510 -DOMESTIC WATER SYSTEM 02741 -BITUMINOUS PATCH 02770 -CONCRETE CURBING 02775 -WALKS -CONCRETE 02920 -TURF RESTORATION 02955 -DRAIN TILE REPAIR City of Albertville - T 15.2 i 650 May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved Division 2 -1 SECTION 02220 -REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the removal of pavement and miscellaneous structures as indicated on the drawings or as specified herein. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. The UNIT PRICE bid for removing pavement and miscellaneous structures shall include all costs of labor, materials, equipment and ultimate disposal required to complete the work, as specified. 2. Payment for Remove Bituminous Pavement shall be at the contract price per SQUARE YARD (SY) and shall be considered full compensation for saw cutting existing pavement, removing existing pavement and disposing of existing pavement offsite. Removal of base material and fabric shall be considered incidental to Remove Bituminous Pavement. 3. Payment for Remove Concrete Curb and Gutter shall be at the contract price per LINEAR FOOT (LF) and shall be considered full compensation for saw cutting existing concrete, removing existing concrete and disposing of existing concrete offsite. 4. Payment for Remove Concrete Walk shall be at the contract price per SQUARE FOOT (SF) and shall be considered full compensation for saw cutting existing concrete, removing existing concrete and disposing of existing concrete offsite. 5. Payment for Remove Drain Tile shall be at the contract price per LINEAR FOOT (LF) for any size or type of drain the removed. Bid item to include locating existing tile, cutting existing the and disposal of drain tile. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the associated removal and excavation items. Such items of work include but are not limited to: 1. Saw cutting -bituminous and/or concrete, driveways, sidewalks, pavements, curb & gutter, and other impervious surfaces. 2. Removing storing and reinstalling mail boxes, street signs or similar structures which must be moved to construct the project. 3. Off-site disposal of excess excavated material and debris. 4. Removal and off-site disposal of bituminous or concrete pavement, unless designated for salvaging. 5. Removing, salvaging and storing, or disposing of manhole and catch basin castings. 6. Loading, hauling, stockpiling and placing as directed (i.e., leveling) designated salvage items to a location directed by the Owner. 7. Fees and permits for the disposal of materials. 8. Removal and disposal of existing sanitary sewer pipe, storm sewer pipe, watermain, and service pipes. 1 City of Albertville - T15.21650 REMOVE PAVEMENT AND MISCELLANEOUS STRUCTURES May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02220-1 9. Bulkheading the ends of existing pipes designated by the Engineer to be abandoned in place. 10. Protection from damage of structures or other surface improvements that are not to be removed, and subsequent repair and/or replacement if damaged by Contractor operations. 1.3 SPECIFICATIONS REFERENCES A. Mn/DOT Specification Section 2104 shall apply to the removal of pavement and miscellaneous structures, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 1.4 SUBMITTALS A. No exception to the referenced specification is made. 1 PART 2 -- PRODUCTS 2.1 NO EXCEPTION TO THE REFERENCED SPECIFICATION IS MADE. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. Remove existing bituminous, curb and gutter, walks and other specified items where shown on the plans and/or required for the construction of the project. B. Saw cut bituminous and concrete surfaces prior to excavation, to produce aclean-cut breakage joint. C. Dispose of all concrete and bituminous removal items, rubbish and debris outside of the construction zone. It shall be the Contractor's responsibility to secure all required pernuts and pay all fees associated with the disposal of the material and to secure the disposal site. D. Remove existing mailboxes, street signs and similar structures that must be removed to construct the project. Restore these facilities to the original location or a location designated by the Owner, when work has progressed past the location of the structure. The Contractor shall reinstall or replace those structures which are damaged or lost during the course of construction with new materials or components. E. The Contractor shall take full responsibility to protect structures or other surface improvements from damage that are not to be removed. If damage to these facilities occurs due to the construction of the project, the Contractor shall replace or repair them. F. In general, all existing watermain and storm sewer pipe being replaced by new improvements shall be considered as debris and removed during the construction process. ****END OF SECTION**** City of Albertville - T15.21650 REMOVE PAVEMENT AND MISCELLANEOUS STRUCTURES May 26, 2005 ®Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02220-2 r SECTION 02240 - DEWATERING PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the dewatering of trenches as necessary to construct the elements shown on the drawings or as specified herein. B. This item shall be considered exempt from the requirements of Supplementary Condition 11.03. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Payment to Dewater the Watermain trench or boring pit, if necessary, shall be considered incidental to watermain pipe installation. 1.3 SPECIFICATION REFERENCES A. Mn/DOT Specification Section 2451.3C shall apply to the dewatering of trenches, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS 2.1 MATERIALS A. None II PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. The Contractor shall furnish and install all necessary discharge piping and obtain all permits, easements, rights-of--way, etc. to convey and discharge the water at a sufficient distance from the project area to eliminate recharge of the ground water a the project site. B. Water from dewatering operations shall not be discharged where it will pond or cause damage to cropland or personal property due to the presence of standing or flowing water. C. Water shall be discharged into temporary sedimentary basins prior to ultimate discharge into natural streams or waterways where its impact will have negligible impact. D. Existing and/or proposed sanitary system(s) shall not be used as an outlet for the dewatering operations. ii i~ ****END OF SECTION**** city of Aibertvtlle -'1'15.21650 May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved DEWATERING PAGE 02240-1 ii 1 SECTION 02320 -TRENCH EXCAVATION, BEDDING AND BACKFILL PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to maintenance of utility service, trench excavation, bedding and backfill necessary for the construction of underground utilities and structures, as indicated on the drawings or as specified herein. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Items specifically identified in the Schedule of Unit Prices will be compensated in accordance with the description of measurement and payment contained in the section applicable to the individual item. Otherwise, no direct compensation shall be granted for compliance with the provisions contained herein. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the individual pipeline items associated with the stated specific item or work effort. Such items of work include but are not limited to: 1. Interference with other above and underground structures and utilities. (a) The removal and restoration, or protection of existing structures and utilities which are shown on the plans and for which there is no bid item for removing and restoring, or working around the utility. 2. Any dewatering necessary for construction. 3. Foundation materials placed in lieu of performing necessary dewatering. 4. Bulkheading of existing pipes to be abandoned in place. 5. Granular bedding, encasement and foundation materials, where specified. 6. Crushed rock foundation materials used in lieu of bedding materials in the specified bedding zone, where specified. 7. The removal and disposal of unsuitable native materials for bedding and/or backfill. 8. Providing and maintaining service. 9. The replacement of all material displaced due to shrinkage or loss during the excavation and backfilling operations. 10. Delays due to other utility conflicts that result during the course of construction. 11. Protecting existing improvements and previously accepted elements of this construction from damage. 12. Protecting the inverts of other utility pipes from the accumulation of debris and soil, the removal of blockages that threaten to damage property, and/or the cleaning of both the newly constructed lines and the existing lines of all debris and soil which accumulated during the construction. 13. Providing temporary bypass pumping /control of storm water flows around the construction zone, include in the price bid for the associated items being installed. i city of Albertville - "1"15.21650 TRENCH EXCAVATION, BEDDING AND BACKFILL May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02320-1 14. The use of special construction techniques such as trench boxes, sheeting, shoring, etc. ,include in the price bid for the associated items being installed. 15. Compaction and compaction testing, if required, include in the price bid for the associated items ___. being installed. 1.3 SPECIFICATION REFERENCES A. Reference CEAM Specification No. 2600 shall apply to excavating, installing bedding, and backfilling all trench excavation construction necessary for the completion of work, except as modified herein. 1. All references to Mn/DOT specifications shall mean the specific edition, including Supplemental Specifications and Technical Memoranda as identified in Section 01420 of these Specifications. 2. CEAM Specification 2600.3.A 1 Maintenance of Traffic is hereby deleted, See Section 01555 of these Specifications. 3. CEAM Specification 2600.3.A2 Establishing Line and Grade is modified by Section 01720 of these Specifications. ~, 4. CEAM Specification 2600.3.A3 Protection of Surface Structures: (a) Street signs shall be considered as items of essential service. (b) The last sentence in the third paragraph is deleted. 5. CEAM Specification 2600.3.A5 Removal of Surface Improvements -All rubble and debris to be disposed of off-site, shall be disposed of at a location secured by the Contractor and in a manner in compliance with applicable Local, State and Federal regulations. 6. CEAM Specification 2600.3.B3 Excavation Limits and Requirements -OSHA limitations shall also apply to the top of trench width determination. The seven day written notice is waived if changing soil conditions and OSHA compliance apply. 7. CEAM 2600.3.C1 JackingBoring -The Contractor is responsible for protecting all existing utilities above the elevation of the pipe being installed. In addition, bentonite materials shall not be permitted to flow back into the excavation during the non-open cut construction. 8. CEAM 2600.3.F1 Turf Restoration is hereby deleted, See Section 02920 of these Specifications. 9. CEAM 2600.3.F1 Pavement Restoration is hereby deleted, See applicable sections of these Specifications. 10. CEAM 2600.4 Method of Measurement Paragraphs B and C are hereby deleted. See applicable sections of these Specifications. B. Reference Mn/DOT Specification No. 2451 shall apply to granular materials for foundation, bedding and encasement of utility line construction, except as modified herein. C. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 1.4 SUBMITTALS A. No exception to the referenced specification is made. PART 2 -- PRODUCTS 2.1 GRANULAR MATERIALS A. Granular BackfilI - Granular backfill material to be used above the pipe zone up to the top of subgrade if unsuitable native material is encountered shall conform to MNDOT Specification 3138, Class 3, City of Albertville - T15.21650 TRENCH EXCAVATION, BEDDING AND BACKFILL May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02320-2 modified to permit the following gradation limits. The use of the material shall be reviewed by the Engineer prior to the installation of the material. Sieve Size Percent Passing 1 %2" 100 # 4 35 - 100 # 10 20 - 80 #40 5-40 #200 0-15 B. Granular Bedding and Granular Encasement -Bedding and granular encasement materials used in the pipe zone area (6" below the pipe to 12" over the pipe) shall meet the same gradation and specification as granular backfill, above. C. Granular Foundation -Granular foundation material (rock) shall meet MnDOT specification 2451 for aggregate bedding as modified below. This material maybe required for stabilization of the foundation below the pipe bottom, around the pipe fittings and under fire hydrants. The material shall be crushed rock meeting the following gradation by weight. The use of the material shall be reviewed by the Engineer prior to the installation of the material. 1 Sieve Size Percent Passing 1 %" 95 - 100 '~4 20 - 60 #4 0-5 PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. Water Service 1 1. It will be necessary to maintain utility service during the construction period. The Contractor is the sole party responsible to notify the Utility and consumers who may be affected by limitations and/or interruption of utility service. 2. Planned service interruptions shall not exceed six (6) hours in any 72 hour period unless previously approved by the Utility. 3. The Contractor shall coordinate water main shut-downs with the water utility and notify affected residents/users at least 24 hours but no more than 48 hours prior to the requested shut-down. 4. If needed, the Contractor shall furnish, install and maintain equipment to bypass and control the storm sewer flow around the construction zone. Failure to operate and maintain the bypass equipment could result in direct damage claims as well as consequential damage claims to the Contractor. ..~~y vi riioenvute - i i~.ud~u TRENCH EXCAVATION, BEDDING AND BACKFILL May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02320-3 3.2 EXCAVATION AND PREPARATION OF TRENCH A. Interference and Protection of Underground Structures 1. If an existing utility exists and there is no bid item for removing and restoring, or working around the utility, the Contractor shall be required to remove and restore, or protect the utility. 2. The inverts of existing sewers (storm & sanitary), culverts, subdrains, etc. shall be protected during construction. The Contractor is responsible to inspect and clean, if necessary, all lines which have b i d ecome comprom se by the construction operations. B. Ex cavation Limits and Requirements ;~ 1. The trench for all flexible pipe shall be undercut six-inches below the pipe barrel to permit the installation of granular bedding or foundation material. 2. The trench for all rigid pipe shall be undercut three-inches below the pipe barrel to permit the installation of granular bedding or foundation material. 3. The Contractor shall install and operate a dewatering system to maintain all trenches free of water wherever necessary. The Contractor shall make his own subsurface investigations and determine what dewatering methods to utilize to prevent such damage. 4. The Contractor shall be responsible for any damage to adjacent structures or buildings caused by construction operations 5. Use of granular foundation material in lieu of performing dewatering is permitted, at the Contractor's expense unless previously approved by the Engineer. C. Preparation and Maintenance of Foundation 1. Flexible Pipe Materials (a) In ordinary trench conditions, the pipe shall be bedded in compacted granular bedding which extends from 6" below the bottom of the pipe to the spring line of the pipe. The Contractor shall bed and encase the pipe in bedding and encasement material, as specified and compacted to 95% Standard Proctor Density or as recommended by the pipe manufacturer, whichever is denser. (b) Where the trench foundation has been found to be unstable and not suitable for bedding the , Contractor shall install compacted granular foundation material from 6" below the bottom of the pipe to the bottom of the pipe. Granular bedding material shall then be placed to the spring line of the pipe. r 2. Rigid Pipe Materials (a) In ordinary or stable trench conditions, the pipe shall be placed on the bottom of the pre- shaped excavated trench. The bottom of the excavated trench shall be shaped to fit the circumference of the pipe up to 0.15 of the outside diameter of the pipe. The Contractor shall encase the pipe from the 0.15 outside diameter to the 0.60 diameter height of the pipe with granular bedding and granular encasement material to 95% Standard Proctor Density or as recommended by the pipe manufacturer, whichever is denser. (b) Where the trench foundation has been found to be unstable and not suitable for bedding, the trench shall be undercut until acceptable conditions are found. The Contractor shall then install compacted foundation material to meet the line and grade specified on the plan. 3.3 INSTALLATION OF PIPE AND FITTINGS A. The Contractor shall keep accurate records as to the location of the service connections, field tile, utility crossings, etc. either constructed or encountered during the construction Measurements to service lines shall be taken from the two nearest permanent structures (i.e., hydrants, valves, wry or titoemule - 1 1J.L16JU TRENCH EXCAVATION, BEDDING AND BACKFILL May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02320-4 i manholes, buildings) as directed by the Engineer. Final payment for the project will not be made until the information is in the possession of the Owner. B. Connection and Assembly of Joints 1. For sanitary sewer, watermain, forcemains, and culverts, all joints shall be water tight. 1 2. For storm sewers and subdrains, all joints shall not permit the intrusion of soil or backfill materials. (a) If reinforced concrete pipe is used, the Contractor may at its own discretion choose to wrap each joint with a geotextile filter fabric, as specified, rather than place mastic in the joint. 3.4 BACKFILLING OPERATIONS A. Backfill material around all manholes, catch basins, valve boxes, curb boxes, and hydrants shall be compacted with hand machines. The maximum lift thickness shall be 18-inches. B. Flexible Pipe Materials 1 Granular bedding and granular encasement material shall be furnished, placed and compacted to bed and encase the pipe to an elevation 12 inches above the pipe the full width of the trench. The contractor shall bed and encase the pipe in granular bedding and granular encasement material to 95% Standard Proctor Density or as recommended by the pipe manufacturer, whichever is denser. Select native material shall be used above the bedding and encasement material (12-inches above the pipe) up to the bottom of the subgrade excavation zone. C. Rigid Pipe Materials 1. In ordinary trench conditions, select native material shall be used above the granular bedding and granular encasement material (0.6 diameter up the pipe) up to the bottom of the subgrade. 2. In conditions where the top of the pipe is less than 12-inches from the bottom of the proposed subgrade, the pipe shall be backfilled with granular bedding and encasement material up to the bottom of the subgrade excavation zone. D. Ali trench backfill shall be compacted in accordance with the Quality Compaction Method. 3.5 SOURCE QUALITY CONTROL A. The Owner may arrange for having the following testing performed: One (1) gradation test per each 500 tons or 275 cubic yards (CV) of granular materials. 3.6 FIELD QUALITY CONTROL A. No exception to the referenced Specification is made. ****END OF SECTION**** j City of Albertville - T15.21650 May 26, 2005 TRENCH EXCAVATION, BEDDING AND BACKFILL © Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02320-5 SECTION 02370 -EROSION AND SEDIMENT CONTROL PART 1 -- GENERAL 1.I SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to temporary erosion control as indicated on the plans or as specified herein or as directed by the Engineer. 1. Erosion Control -The requirement is to prevent the separation of soil particles from the soil surface and is generally met with good construction practices. 2. Sediment Control -The installation and maintenance of barrier control devices across drainage ways to prevent fugitive soil particles from leaving the site. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Sediment Control Devices (a) Payment for "Silt Fence" shall be at the contract price per LINEAR FOOT and shall be considered full compensation for furnishing, installing, maintaining, removing the sediment control devices, and removing accumulated sediment. Eighty percent (80%) of payment shall be made upon installation. The remaining 20% shall be made upon complete removal of the control measure, removal of any accumulated sediment and surface restoration. B. The furnishing and installing specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the associated erosion control and excavation items. Such items of work include but are not limited to: 1. Maintaining clean exit areas or roads from the site. 2. Sweeping adjacent streets clean of excess soil. 3. Cleaning storm sewers, drain tiles and culverts that have been partially or completely obstructed by sediment that originated from the site. 4. Emergency erosion control mobilization. 1.3 SPECIFICATION REFERENCES A. Mn/DOT Specification Section 2573 shall apply to temporary erosion control. ~, B. Mn/DOT Specification Section 3889 shall apply to ditch checks. C. Mn/DOT Technical Memorandum No. 02-15-ENV-04 shall apply. In the event of a difference between Specification 2573 and the Technical Memorandum, the Technical Memorandum shall apply. D. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. u City ofAlbertville - T15.21650 EROSION AND SEDIMENT CONTROL May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02370-1 PART 2 -- PRODUCTS 2.1 MATERIALS A. Erosion Control 1. No exception to the referenced specification. PART 3 -EXECUTION ~' 3.1 GENERAL A. Prior to construction, the Owner, Engineer and Contractor shall observe the existing storm water outfall system and discharge area and shall document the existing conditions. Upon completion of surface restoration (i.e., paving and turf establishment), the storm water outfall system and discharge area shall be observed and all increased sediment deposits shall be removed and disposed of by the Contractor. All increases in sediment deposits shall be considered to have originated from the project site. B. Prior to construction, the Owner, Engineer and Contractor shall review the project to identify critical areas that could require rapid stabilization during the construction process, and develop a plan to either mitigate disturbance to those areas or identify the methods of rapid stabilization most '~ appropriate. C. Exit areas or roads shall be kept clean of excess soil by routine sweeping. D. The Contractor shall salvage, transport and place cohesive materials excavated from the work for use in constructing the berm for temporary sediment traps. 3.2 CONSTRUCTION REQUIREMENTS A. A goal of the project during construction is to get the cleanest water possible into the storm drainage systems as quickly as possible and protect critical and unique areas. Every effort shall be required by the Contractor to achieve these goals. B. The Contractor shall control drainage and erosion on the project including: haul roads, temporary construction, waste disposal sites, plant and storage locations, and borrow pits, other than commercially operated sources. The contractor shall clean up the area, shape the area to allow storm runoff with a minimum of erosion and/or siltation, replace topsoil, and establish vegetative cover to the satisfaction of the Engineer on areas where the potential for pollution has been increased due to the Contractor's operations. C. If Contractor fails to install and/or perform the appropriate erosion and sediment control practices, as determined by the Engineer, the Engineer may issue a written order to the Contractor. The Contractor shall respond within 24 hours with sufficient personnel, equipment and/or materials and conduct the required work or be subject to a $ 500 per calendar day deduction for non-completion. D. When the Engineer determines that the erosion and/or sediment control practices installed by the Contractor have failed, the Contractor shall correct the cause and alleviate all sediment deposition, to the fullest extent possible. If the corrective action is not taken in a timely manner, the Engineer may issue a written order to the Contractor. The Contractor shall respond within 24 hours with sufficient personnel., equipment and/or materials and conduct the required work or be subject to a $ 500 per calendar day deduction for non-completion. [~ City of Albertville - T15.21650 EROSION AND SEDIMENT CONTROL May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02370-2 SECTION 02446 - TRENCHLESS PIPELINE PART 1 -GENERAL 3.4 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to trenchless pipeline construction. Various methods will be considered, providing they can generally follow the design profile in constructing the pipeline from the starting access point to the ending access point without the need to excavate an intermediate access. B. The INSTALLER for all forms of trenchless pipeline installation shall meet or exceed the experience requirements as stated in CEAM 2600.3.C2. ® 3.5 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Trenchless construction of watermain pipe shall be paid by the LINEAR FOOT (LF) -PLAN QUANTITY (P) furnished and installed. The amount bid shall be full compensation for all costs associated with completely installing the required pipe diameter at the line and grade shown on the plan. 1 1 ~~ ~~ B. The furnishing and installing of specific items andlor the performance of work under certain circumstances shall not be individually paid. These costs shall be included in the unit price bid for various pipeline items within the Schedule of Prices. Such items of work include but are not limited to: 1. Any costs associated with drilling or redrilling to correct for poor alignment or encountering obstructions, back reaming, or other required methods, as well as the cost of furnishing and installing a replacement pipe, if necessary, will be considered incidental to the appropriate pipeline construction. 2. Interference of other underground structures and utilities, include in the price bid for the appropriate pipeline construction and installation. (a) The removal and restoration, or protection of existing utilities which exist and for which there is no bid item for removing and restoring, or working around the utility. 3. Maintaining, tracking, reporting and documenting the actual alignment of the conduit achieved during the construction process, include in the price bid for the appropriate pipeline construction and installation. 4. Providing and documenting all post installation field quality control procedures specified, including but not limited to televising the interior of the conduit, include in the price bid for the appropriate pipeline construction and installation. 5. Excavating, backfilling, compacting and restoring the surface improvements, of jacking pits, boring pits, launching pits, etc., as needed, include in the price bid for the appropriate pipeline construction. 6. Any dewatering necessary for the appropriate pipeline construction, include in the price bid for the appropriate pipeline construction and installation. 7. Foundation materials placed in lieu of performing necessary dewatering, include in the price bid for the appropriate pipeline construction and installation. City of Albertville - T 15.21650 TRENCHLESS PIPELINE May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02446-1 r t 1 8. Foundation, bedding and encasement materials, include in the price bid for the appropriate pipeline construction and installation. 9. Maintenance of utility service during construction, include in the price bid for the appropriate pipeline construction and installation. 10. The replacement of all material displaced due to shrinkage or loss during the excavation and backfilling operations, include in the price bid for the appropriate pipeline construction and installation. 11. Compaction and hydrostatic testing, include in the price bid for the appropriate pipeline construction and installation. 12. Delays due to other utility conflicts which result during the course of construction, include in the price bid for the appropriate pipeline construction and installation. 13. Protecting existing improvements from damage, include in the price bid for the appropriate pipeline construction and installation. 14. Protecting the inverts of other utility pipes from the accumulation of debris and soil, the removal of blockages which threaten to damage property, and/or the cleaning of both the newly constructed lines and the existing lines of all debris and soil which accumulated during the construction, include in the unit price bid for the appropriate pipeline construction and installation. I5. The removal and disposal of defective materials and joints from the job site, include in the unit price bid for the appropriate pipeline construction and installation. i] t 16. Any increased depth required for structures, risers or services required for failure to meet specified alignment and grade, include in the unit price bid for the appropriate pipeline construction and installation. 17. Any additional structures required for failure to meet tolerances, include in the unit price bid for the appropriate pipeline construction and installation. 18. Excavating, backfilling, compacting and restoring the surface improvements, of any spot verification pits required by the Engineer, as specified, include in the unit price bid for the appropriate pipeline construction and installation. 19. Removal and disposal of excess drilling fluid at the drilling surface, or in the drilling pit, prior to backfilling the pit. 20. Furnishing and installing tracer wire, tracer wire pedestals and electrical connections to intersecting watermain and / or tracer wires. 3.6 SPECIFICATION REFERENCES A. Reference CEAM Specification No. 2600.3 Non-Open Cut Pipe Installation shall apply, except as modified herein or as shown on the plans. ~: B. Material specification references are listed in PART 2 -MATERIALS and are made a part hereof by such reference and shall be the latest edition and revision thereof. In case of conflicting requirements between this specification and the referenced sections, this specification will govern. C. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 3.7 SUBMITTALS A. Items Included with the Bid tarty of Albertville - "f 15.21650 May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved TRENCHLESS PIPELINE PAGE 02446-2 1. The diameter, wall thickness and type of material to be used for each trenchless installation. Pipe strength determination shall include calculations based on new material properties and long term properties. 2. The manufacturer's certificates of compliance with provisions of the referenced standards and these specifications. 3. A copy of the license or certificate verifying the trenchless construction equipment manufacturer's or licensor's approval of the INSTALLER. 4. Evidence of the INSTALLER'S experience including a list of similar projects completed within the previous 5 years. 5. In lieu of the requirement of previous experience by the INSTALLER with the technique and equipment associated with trenchless pipeline construction, the manufacturer of the trenchless construction equipment may provide an experienced representative on site during the set-up, fusing, trenchless construction, back reaming, and insertion phases of the entire project. (a) If the Bidder anticipates exercising this option, a statement from the manufacturer of the trenchless construction equipment agreeing to this requirement shall be included with the bid. B. Construction Profile 1. The Contractor shall monitor and plot the constructed pipeline profile to scale throughout the length of the trenchless construction. (a) The horizontal profile shall be on a consistent scale where 1 inch measures no more than 100 feet. ~' (b) The Contractor shall note on the profile any deviations (horizontal or vertical) from the planned alignment which encroach on the separation space as required by CEAM 2600.3.A2. (c) The Contractor shall note on the profile any horizontal deviations in excess of 4 feet from the planned alignment. (d) The vertical profile shall be on a consistent scale where 1 inch measures no more than 10 feet. 2. Duplicate copies of the profile shall be submitted. PART2-PRODUCTS 3.8 PIPE MATERIAL & STRUCTURAL REQUIREMENTS S A. All pipe shall be made from virgin material. No rework except that obtained from the manufacturer's own production of the same formulation shall be used. B. The pipe shall be homogenous throughout and shall be free of visible cracks, holes, foreign material, blisters, and/or other deleterious faults. C. Any section of pipe with a gash, blister, abrasion, nick scar, or other deleterious fault greater than 10 percent (10%) of the wall thickness, shall not be used and must be removed from the site. However, a defective portion of pipe, as defined above, may be cut out and butt-fused in accordance with the procedures herein. D. Any section of pipe having other defects such as concentrated ridges, discoloration, excessive spot roughness, pitting, variable wall thickness or any other defect of manufacturing and/or handling shall not be used and shall be removed from site. City of Albertville - T15.21650 TRENCHLESS PIPELINE May 26, 2005 ~ Botton & Menk, Inc. 2005, All Rights Reserved PAGE 02446-3 1 1 L r~ E E. PIPE DIAMETERS (a) The actual inside barrel diameter of the pipe used for pressure pipe shall not be less than the 8-inch nominal size (7.375 inches). ACTUAL INTERIOR PIPE DIAMETERS FOR VARi01IS PRFSCiiRF. P1PF MATFRIAT C Nominal DIP - C152 HDPE 4000 w!o coatin w/ coatin DR 1lductile sizes 4 4.220 4.095 3.909 6 6.280 6.155 5.620 8 8.390 8.265 7.375 10 10.400 10.275 9.041 12 12.460 12.3 3 5 10.75 0 F. POTABLE WATER APPLICATIONS 1. High Density Polyethylene (HDPE) Pipe and Fittings (a) The pipe material shall be extra high molecular weight, high density polyethylene (EHMW- HDPE, PE3408) conforming with the minimum structural standards of ASTM D3350 with cell classification 345434C as manufactured by Driscopipe 4000/4100 Series, or equal. All HDPE pipe material shall meet the requirements of ASTM D 1248 for a Type III, Class C, Category 5, Grade P34. (b) The pipe to be used shall be (HDPE) pressure pipe conforming to the requirement of AWWA C-906 of a 160 psi working pressure. The grade used shall be resistant to aggressive soils or corrosive substances present. (c) The dimension ratio (DR) shall be 11. (d) HDPE pipe shall have butt-fused joints. (e) The Contractor shall verify the lengths of conduit necessary in the field before fabrication. (f) Polyethylene fittings and adaptors shall be butt-fused, EHMW-HDPE, PE3408 meeting the same resin requirements as specified for the pipeline. In addition, the fittings shall meet the applicable requirements of ASTM D2513 and ASTM D3261. (g) Mechanical joint pressure pipe joints shall be restrained using ductile iron clamps (series Ebaa Iron, Inc. or equal) supplied with a sufficient number of ductile iron bolts to restrain the working and test pressures for this application. (h) Directionally drilled pipe shall have '/4 inch stainless steel cable tracer wire installed with the pipe. PART 3 -EXECUTION 3.9 CONSTRUCTION REQUIREMENTS: A. FUSING/FABRICATION 1. Polyethylene Pipe (a) The pipe shall be assembled and joined at the site using the butt-fusion method to provide a leak proof joint prior to insertion. All equipment and procedures used shall be in strict compliance with the manufacturer's recommendations and specifications. City of Albertville - T15.21650 TRENCHLESS PIPELINE May 26, 2005 ©Botton & Menk, Inc. 2005, All Rights Reserved PAGE 02446-4 7 1 n u t ~~ (b) Threaded or solvent welded joints or connections are not permitted. (c} Fusing shall be performed by personnel certified as fusion technicians by the manufacturer of the polyethylene pipe and/or the fusing equipment. (d) The butt-fused joints shall maintain true alignment and shall have uniform roll-back beads from the fusing process. The joint shall be watertight and shall have a tensile strength equal to that of the pipe. (e) Adequate cooling time shall be allowed prior to the release of the pressure from the fusing unit. (f) All joints shall be subject to acceptance by the Engineer prior to insertion. (g) All defective joints shall be cut out and replaced. B. TRENCHLESS METHODOLOGY (a) DRILLING EQUIPMENT (1) The installation shall be by a steerable drilling tool capable of installing continuous runs of pipe, without intermediate pits for a minimum distance of 1000 feet. (b) DRILLING (1) The Contractor shall initially drill a pilot hole that follows the route of the pipeline to be constructed. (2) The Contractor shall monitor the route taken by the drilling unit utilizing the downhole survey calculation methods discussed in API Bulletin D20 entitled Directional Drilling Survey Calculation Methods and Terminology. A surface monitoring system maybe allowed in lieu of the downhole calculation method. Approval of surface monitoring shall be at the discretion of the Engineer based on the Engineer's evaluation of the particular system proposed for use. (3) The Contractor shall provide the Engineer with an "asbuilt" profile of the pilot hole prior to the back reaming and pipe insertion as which time the Engineer shall review it for tolerance compliance. (4) The back reamer shall be designed to create a void in the surrounding soil through which the new pipe may be threaded. (5) The size of the reaming tool shall be in accordance with the manufacturer's specifications to achieve the sizing indicated on the plans, or in the Schedule of Unit Prices. (6) Upon commencement, pipe insertion shall be continuous and without interruption from one structure to another, except as approved by the Engineer. (c) INSERTION (1) Drill holes shall only be allowed at locations approved by the Engineer. (2) In so far as possible, the equipment used shall be located in such a way as to minimize the noise impact on surrounding properties. (3) The Contractor shall utilize a disconnect swivel which shall be set to limit the stress within the pipe to less than its elastic limit. (4) The Contractor shall install all necessary pulleys, rollers, bumpers, alignment control devices and other equipment necessary to protect the pipe from damage during insertion. Dragging the pipe on the ground is not permitted. All break over bends should be made with a radius long enough to insure that the pipe is not overstressed. (5) Lubrication, as recommended by the manufacturer, may be used during installation. (6) Buoyancy control maybe used during pull back. ~,iiy vi r11UCltvttte - t t~.L1bJV May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved TRENCHLESS PIPELINE PAGE 02446-5 (7) The manufacturer's recommended cooling/relaxation time, but not less than 4 hours, ' shall pass after insertion is complete and before the connection of services, sealing of the annular space, and/or the backfilling of the insertion pit. A sufficient excess of new pipe, but not less than four inches (4") shall protrude into terminating structures. (8) The annular space at each structure shall be sealed with a material recommended by the manufacturer for a minimum of eight inches (8") to form a smooth, uniform, watertight joint. (9) Under no circumstance shall the pipe be stressed beyond its elastic limit. 3.10 FIELD QUALITY CONTROL A. TOLERANCES 1. General (a) Terminating connections to existing structures and conduits shall be made with a smooth grade for the adjacent 50 feet and shall permit the appropriate hydraulic operation at the conduit connection. ' 2. Pressure Systems (a) Horizontal alignment of the finished profile shall be within 4 feet of the planned alignment. (b) Vertical alignment of the finished profile shall be within 1 foot of the planned vertical alignment but in no event shall the invert elevation be closer to the existing ground surface or the future proposed ground surface, whichever is lower, than the minimum bury depth shown on the plans. (c) The final vertical alignment shall not have high points which could permit the development of air locks at any location other than those identified on the plans. B. PRESSURE TESTING 1. Trenchless conduit used as carrier pipe: (a) Watermain -Refer to the requirements in Section 02510 -Domestic Water Systems. ****END OF SECTION**** II t/rty of Aibertvtlle -'1'15.21650 TRENCHLESS PIPELINE May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02446-6 SECTION 02510 -DOMESTIC WATER SYSTEM PART 1 -GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to water main and service line construction as indicated on the drawings or as specified herein. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be aid accordin to th P g e referenced specification or as modified below: 1. Water main (a) No exception to the referenced specification is made. ' 2. Hydrants (a) No exception to the referenced specification is made. 3. Valves and Valve Boxes (a) No exception to the referenced specification is made. 4. Fittings (a) Unless otherwise noted on the plans, ductile iron and cast iron fittings will be measured and paid on the basis of body weight for Cast Iron Fittings Standard Specifications AW WA C- 110. 5. Watermain Valve Manhole (a) Payment for Watermain Valve Manhole shall be measured by the LUMP SUM (LS) and ' paid at the price bid. The amount bid shall include a precast manhole, casting, excavation and backfilling, 8" gate valve, fittings, piping within the manhole, corporation stops and all necessary transition fittings and fasteners to complete the watermain valve manhole system ' as detailed in the plan set. 6. Connect to Existing Watermain (a) Payment for Connect to Existing Watermain by cutting in a new tee in an existing water ' main, shall be measured and paid per EACH, complete and in place, at the appropriate unit price bid. 7. Polystyrene Insulation (4 inch thickness) (a) Polystyrene Insulation shall be measured by the SQUARE YARD (SY) in place and shall be paid at the unit price bid. 8. Two Foot Hydrant Extension (a) Payment for Two Foot Hydrant Extension, shall be measured and paid per EACH, complete and in place, at the appropriate unit price bid. The amount bid shall include all pipe, fittings, and all necessary transition fittings and fasteners to complete extension. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the water system items, as indicated. Such items of work include but are not limited to: City of Albertville - T15.21650 May 26, 2005 I ~ DOMESTIC WATER SYSTEM © Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02510-1 r-, ~~ I . Furnishing and installing tracer wire, Tracer wire pedestals and electrical connections to intersecting watermains and/or tracer wires, include in the price bid for water main. 2. The furnishing and installing polyethylene encasement material, include in the price bid for water main. 3. Concrete blocking or metal ties, include in the price bid for water main. 4. Locating and connecting to an existing water main or a hydrant, include in the price bid for water ' main. 5. Hydrostatic, leakage and continuity testing, include in the price bid for water main. 6. Furnishing and installing thrust block, tie rods and joint restraints as shown on the plans and as ' specified. 7. Turning hydrant heads to a location as directed by the Engineer, include in the price bid for hydrants. 8. Providing temporary bypass pumping /control of storm water flows around the construction zone, include in the price bid for watermain. ' 9. The painting or re-painting of hydrants with scratches and/or abrasions, include in the price bid for hydrants. 10. Providing temporary corporations, copper pipe, plugs, etc. for hydrostatic watermain testing, include in the unit price bid for watermain. 1.3 SPECIFICATION REFERENCES A. Reference Section 02320 of these Specifications for trench excavation, bedding and backfill, except as modified herein. ' B. Reference CEAM Specification No. 2611 shall apply to the water main and service line construction, except as modified herein. C. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS r 2.1 WATER MAIN MATERIAL ' A. The following water pipe materials will be allowed for use on this project: 1. Ductile Iron Pipe, Class 52 with conductive gaskets or conductivity strips shall be used. ' 2. Directionally drilled pipe material as specified in Section 02446 - Trenchless Pipeline. 2.2 WATER MAIN FITTING MATERIALS A. The following pressure pipe fitting materials will be allowed for use on this project: 1. Mechanical Class 350 ductile iron, cement lined fittings shall be used. Adaptors, back-up rings, and oversize sleeves shall be provided for transitions and connections to dissimilar types of pipe materials. All sleeve fittings shall be long mechanical joint. 2. All fittings, valves, hydrants, etc. shall be secured utilizing COR-BLUE T-BOLTS as manufactured by NSS Industries or approved equal. B. All fittings shall have been manufactured in the year of construction or prior calendar year. City of Albertville - T 15.21650 May 26, 2005 DOMESTIC WATER SYSTEM ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02510-2 n L~ 2.3 FIRE HYDRANTS A. Hydrants shall be Waterous Improved Pacer Style, Model WB-67, with safety flange and stem coupling. The bury length shall be 8'-0", unless otherwise noted on the plans. The break-off height ' shall be 16-inches. The Contractor shall install the hydrant so that the center of the nozzle is 24- inches above the finished grade. The hydrant shall be painted red. B. All hydrants shall have been manufactured in the year of construction or prior calendar year. ' C. The local fire department shall be contacted before ordering hydrants to obtain the correct nozzle threads and type of operating nut and cap bolts. 2.4 VALVE AND VALVE HOUSING A. All water valves shall have been manufactured in the year of construction or prior calendar year. B. Valve Housing 1. Cast-iron screw type valve boxes shall be installed where indicated on underground valves. The cast-iron valve boxes shall be three piece style and shall be furnished with astay-put cover with raised letters indicating "WATER." The shaft shall be 5 1/4" inside diameter. 2. All valve box assemblies shall be furnished with a valve umbrella anchorage assembly. The valve umbrella anchorage assembly shall be manufactured by Adaptor, Inc., Oak Crest, WI, or equivalent. 3. High Density Polyethylene valve housings will not be allowed on this project. C. Gate Valves 1. All valves up to and including 12 inch diameter shall be gate valves conforming to the referenced specification. 2.5 RESTRAINED JOINT RETAINER GLANDS i A. No exception to the referenced specification is made. ' 2.6 POLYETHYLENE ENCASEMENT A. No exception to the referenced specification is made. 2.7 TRACER WIRE A. A'/d inch stainless steel cable tracer wire shall be installed on all PVC or PE lines. A continuity test shall be performed by the contractor on all new lines prior to final acceptance. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. Water Service C 1. The Contractor is the sole party responsible to notify the Utility and consumers who maybe affected by limitations and/or interruption of water service. Planned service interruptions shall not exceed six (6) hours in any 72 hour period unless previously approved by the Utility. 2. The Contractor shall coordinate watermain shut-downs with the water utility at least 24 hours prior to the requested shut-down. city o2 Albertville - T15.21650 DOMESTIC WATER SYSTEM May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02$10-3 3. If the Contractor fails to provide water service to affected residents within the constraints specified above, an amount equal to $ 500.00 may be deducted from the amount due the Contractor for each occurrence. 3.2 INSTALLATION OF PIPE AND FITTINGS A. Aligning and Fitting of Pipes 1. The Contractor, together with the utility's personnel, shall jointly examine and operate all curb ' stops and mainline valves prior to final acceptance. B. Blocking and Anchoring of Pipe ' 1. A thrust block of cast-in-place concrete, which covers the installed fitting, is not permitted. Pre- cast concrete thrust blocks and other restraining devices such as adjustable rods or cables, shall be provided at all bends, tees, hydrants and plugged crosses or wherever the water main changes direction or dead ends. Valves shall be tied to the nearest tee. C. Polystyrene Insulation ' 1. The Contractor shall install polystyrene insulation in those areas shown on the plans where the water main or services maybe susceptible to frost or freezing, or as directed by the Engineer. D. Polyethylene Encasement and Tracer Wire Installation 1. If ductile iron pipe is used, the Contractor shall furnish and install polyethylene encasement for the entire main and all appurtenances in accordance with the referenced specification. ' 2. If flexible pipe is used, the Contractor shall furnish and install polyethylene encasement for all joint fittings, hydrant riser pipes and valves in accordance with the referenced specification. 3. At junctions ofnon-conductive water main materials with conductive water main materials, the Contractor shall electrically connect the conductive water main with the tracer wire adjacent to the non-conductive material. 4. If anon-conductive water main material is used, the Contractor shall install a continuous tracer ' wire adjacent to, and below the spring-line of the water main. Approximately 1 % slack shall be maintained in the wire by installing 101 feet of wire for each 100 feet of pipe length. The wire shall be extended to the ground surface inside each tracer wire pedestal and attached with stainless steel screws. The Contractor shall successfully complete a conductivity test of the installed tracer wire system prior to fmal acceptance. 3.3 FIELD QUALITY CONTROL ' A. No exception to the referenced Specification is made unless anon-conductive water main is installed, in which case the conductivity requirements, as specified are deleted and the conductivity requirement shall be to demonstrate the electrical continuity of the tracer wire. 3.4 HYDROSTATIC TESTING AND DISINFECTION i A. Leakage tests shall be conducted at a 150 psig test pressure for 2 hours with no drop in pressure. Individual tests from valve to valve are required. These tests shall be conducted prior to the bacteriological tests required with the disinfection of the main. B. The Contractor shall disinfect the watermain in accordance with the provisions of AWWA Standard Specification C-651, Disinfecting Watermains. After performing and obtaining passing hydrostatic test results, two samples of the water, taken 24 hours apart, shall be taken from each section of the new pipe and sent to an approved testing laboratory to establish the bacteriological conditions prior to placing the line in service. In the event unsatisfactory results are obtained, the Contractor shall take City of Albertville - T15.21650 DOMESTIC WATER SYSTEM May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02510-4 L ' SECTION 02741 -BITUMINOUS PATCH PART 1 -- GENERAL ' 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the construction of plant-mixed bituminous surfacing as indicated on the plans or as specified herein. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced ' specification or as modified below: 1. Payment for bituminous patch shall be at the unit price bid per SQUARE YARD (SY) of bituminous patch. The amount bid shall include all material and work required to construct the ' bituminous patch as specified on the plans, including: (a) Subgrade Preparation ' (b) Geotextile Fabric - Mirafi SOOX (or approved equal) (c) 18" Select Granular Borrow ' (d) 6" Modified Class 5 Aggregate Base (100% Crush Quarry Stone) (e) 2 5" M DOT 2331 T 31B Bi i . n ype tum nous Base Course (f) Bituminous Tack Coat MnDOT 2357 ' (g) 1.5" MnDOT 2331 Type 41A Bituminous Wearing Course (h) Constructing clean vertical edges on adjacent asphalt surfaces. ' B. The famishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the associated bituminous patch. Such items of work include but are not limited to: ' 1. Saw Cutting bituminous to obtain a clean vertical edge on adjacent asphalt surfaces. 1.3 SPECIFICATION REFERENCE ' A. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. B. Subgrade Preparation ' 1 Mn/DOT S e if ti S ti 2112 h ll . p c ica on ec on s a apply to the subgrade preparation, except as modified herein. C. Aggregate Base Course 1. Mn/DOT Specification Section 2211 shall apply to the construction of aggregate base, except as modified herein. ' D. Bituminous Tack Coat 1. Mn/DOT Specification Section 2357 shall apply to the construction of bituminous tack coat, except as modified herein. 1 City of Albertville - T15.21650 BITUMINOUS PATCH May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02741-1 E. Bituminous Paving Materials ' 1. Mn/DOT Specification Section 2331 shall apply to the construction of plant-mixed bituminous surfacing. ~I PART 2 -- PRODUCTS 2.1 MATERIALS ' A. Subgrade Preparation I . No exception to the referenced specification is made. ' B. Aggregate Base Course 1. The material to be used shall conform to the Specifications for Aggregate Base, Class S. ' C. Bituminous Tack Coat 1. The bituminous material for tack coat shall be CRS-1 or CRS-2. ' D. Bituminous Paving Materials 1. Bituminous material for the mixture shall be PG 58-28 asphaltic cement. 2. No recycled materials will be allowed in the bituminous wearing course. 3. The wear mix shall be produced with gradation 3 aggregate for lifts of I-112" and more, and shall be produced with gradation 4 aggregate for lifts of less that 1-1/2". PART 3 -- EXECUTION ' 3.1 CONSTRUCTION REQUIREMENTS A. The depth and class of aggregate base and bituminous surface to be constructed shall be: ' 1. Bituminous Patch (a) 1 %z " Type MV Bituminous Wearing Course ' (b) 2 %2 " Type MV Bituminous Base Course (c) 6" 2211 Aggregate Base, Class S (d) 18" Select Granular Borrow (e) Geotextile-Mirafi SOOX B. The Subgrade, aggregate and bituminous base courses of patches whose smallest dimension is less than the width of the compaction equipment shall be hand tamped. C. The Subgrade shall be compacted using Quality Compaction Method. D. When the Contractor believes Subgrade preparation is complete, he shall notify the Engineer for a final examination. If the Engineer requests it, the Subgrade shall be test rolled with a fully loaded tandem truck to verify Subgrade stability. E. Geotextile fabric shall be placed to overlap the existing fabric with no tears in the fabric or exposed areas of Subgrade. F. Select Granular Borrow and Aggregate base construction shall take place only after the street Subgrade condition and grade has been examined by the Engineer. ' City of Albertville - T15.21650 BITUMINOUS PATCH May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02741-2 ~: G. Cut the adjacent asphalt surface prior to the Construction of the bituminous surface course to obtain a clean, vertical, solid edge. H. Compaction of the aggregate base courses shall be by the Quality Compaction Method. I. The bituminous tack coat shall be applied at the rate of 0.10 gallons per square yard. J. The contact surfaces of all fixed structures, the edge of the in-place mixture in all courses at transverse joints, and the wearing course at longitudinal joints shall be given a uniform coating of Liquid Asphalt or Emulsified Asphalt before placing the adjoining mixture. The bituminous material shall be applied by methods that will ensure uniform coating and in no case shall the application be excessive. K. The bituminous surfacing shall be constructed with maximum deviation of plus or minus 1/4-inch from the planned compacted thickness. L. Compaction of all bituminous mixtures shall be by the Ordinary Compaction Method. A nuclear density meter and operator shall be provided by the Contractor, if requested by the Engineer. 3.2 FIELD QUALITY CONTROL The bituminous mix shall be designed using Contractor Trial Mix Designs. A current Mn/DOT mix design may be accepted provided it represents the aggregate source and bituminous plant being used for the project, and is approved by the Engineer. No bituminous mixture shall be placed without an approved mix design. ****END OF SECTION**** I~ 1 1 City of Albertville - T 15.21650 May 26, 2005 BITUMINOUS PATCH ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02741-3 1 PART 1 -- GENERAL 1.1 SUMMARY SECTION 02770 -CONCRETE CURBING A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the construction of concrete curbing and driveway paving as indicated on the drawings or as specified herein. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Measurement and payment for concrete curbing shall comply with Specification 2531.4 and 2531.5. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the associated concrete curb and gutter, and concrete driveway items. Such items of work include but are not limited to: ~ 1. Subcutting and shaping the existing aggregate base. 2. Aggregate base placed under concrete curbing and pavements. 3. Addition of aggregate base for shaping. 4. Cold weather concrete protection methods and materials required. 5. High early strength concrete. 6. Provide adequate barricades and personnel to protect fresh concrete from pedestrian traffic and graffiti. ~~ 7. Provide temporary walkways spanning fresh concrete where required to maintain access into building entrances. ~' 1.3 SPECIFICATION REFERENCES A. Mn/DOT Specification Section 2531 shall apply to the construction of concrete curbing placement, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. C. Mn/DOT Standard Plates 1.4 SUBMITTALS A. The mix proportions shall be determined by an independent certified testing laboratory secured by the Contractor. A current mix design may be submitted and accepted, provided the aggregate source is the same as that being used for this project. Two copies of the certified mix design shall be submitted to the Engineer for review prior to the construction of the project. 1 any or atbertvtlte -"1'15.21650 CONCRETE CURBING May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02770-1 t PART 2 -PRODUCTS 2.1 MATERIAL A. The concrete mix to be used shall conform to Mn/DOT Mix No. 3A32 for manually placed concrete or Mix No. 3A22 for machine placed concrete. B. 50% of the coarse aggregate shall be Class A material as specified in Mn/DOT Specification 3137. C. Joint sealer shall be a silicone based product. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. The use of dimensional lumber as forms is permitted if the dimension of the lumber is within ''h" of the specified dimension of the finished concrete. B. Excavate to the elevation shown on the plans or as directed by the engineer. Salvage material suitable for backfill. C. The joints shall match with the sidewalk and curb control joints. The Contractor shall be fully responsible for proper jointing patterns. Mismatched jointing will require removal and replacement of components in order to achieve the desired results. All removal and replacement of rejected construction shall be at the Contractor's expense. D. No warranty is expressed or implied that all concrete work will be accessible for machine construction. 3.2 FIELD QUALITY CONTROL A. Testing ~t 1. The Owner may conduct various material tests to determine conformance with these specifications, including but not limited to: (a) Air and slump cone tests. ~' b Beam and c linder testin . ~) Y g 2. The Contractor's shall cooperate with the individuals conducting the testing operations.. B. Warranty Period 1. During the warranty period indicated in the Supplementary Conditions, necessary repairs shall include but not be limited to defects in concrete and workmanship such as cracking, pop-outs, spalling, improper joint placement and settlement. ****END OF SECTION**** City of Albertville - T15.21650 CONCRETE CURBING May 26, 2005 ©Bolton & Menk, Inc. 2005, Ai] Rights Reserved PAGE 02770-2 ii 1 1 SECTION 02775 -WALKS -CONCRETE PART 4 -- GENERAL 4.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the construction of concrete walks as indicated on the drawings or as specified herein. 4.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Measurement and payment for concrete walks shall comply with Mn/DOT Specification 2521.4 and 2521.5. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the associated walks -concrete items. Such items of work include but are not limited to: 1. Subcutting the excavation to the required depth, furnishing, placing and compacting suitable material to sub-grade, backfilling with topsoil and related work. 2. Placing of 4-inches of sand foundation (MnDOT Class 3) materials under concrete walks. 3. Cold weather concrete protection methods and materials required. 4. Provide adequate barricades and personnel to protect fresh concrete from pedestrian traffic and graffiti. 5. Provide temporary walkways spanning fresh concrete where required to maintain access into building entrances. 4.3 SPECIFICATIONS REFERENCES A. Mn/DOT Specification Section 2521 shall apply to the construction of concrete walks, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. t 4.4 SUBMITTALS A. Two copies of the certified mix design shall be submitted to the engineer for review prior to the construction of the project. The mix proportions shall be determined by an independent certified testing laboratory secured by the Contractor. A current Mn/DOT Design Mix may be accepted provided the aggregate sources are the same as that being used for this project. PART 5 -- PRODUCTS 5.1 MATERIALS A. CONCRETE I . The concrete mix to be used shall conform to Mn/DOT Mix No. 3A32 for manually placed concrete or Mix No. 3A22 for machine placed concrete. 1 City of Albertville - T15.21650 WALKS -CONCRETE May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02775-1 r 2. Fifty percent (50%) of the coarse aggregate shall be Class A material as specified in Mn/DOT Specification 3137. B. The foundation materials shall be Class 5, Aggregate Base. PART 6 -- EXECUTION 6.1 CONSTRUCTION REQUIREMENTS A. The use of dimensional lumber as forms is permitted if the dimension of the lumber is within %2" of the specified dimension of the finished concrete. B. Excavate the walk alignment to 4-inches below finished walk sub-grade or the bottom of the topsoil layer, whichever is deeper. If excavation beyond the 4 inch layer is required, the Contractor shall fill the excess excavation with suitable compacted material. Salvage all topsoil for re-use. C. A minimum depth of 4-inches of Sand -Class 3 shall be furnished, placed and compacted by the " Quality Compaction Method" upon the prepared subgrade. D. Backfill along the walk with salvaged topsoil, to an elevation so the sod will match the walk surface and adjacent undisturbed lawn. 6.2 FIELD QUALITY CONTROL A. Testing 1. The Owner may conduct various material tests throughout the construction to determine conformance with these specifications, including but not limited to: (a) Air and slump cone tests. (b) Beam and cylinder testing. 2. The Contractor's shall cooperate with the individuals conducting the testing operations. B. Warranty Period 1. During the warranty period indicated in the Supplementary Conditions, necessary repairs shall include but not be limited to defects in concrete and workmanship such as cracking, pop-outs, spalling, improper joint placement and settlement. ****END OF SECTION**** clity of Albertville -"1'15.21650 WALKS -CONCRETE May 26, 2005 ®Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02775-2 SECTION 02920 -TURF RESTORATION PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to turf restoration as indicated on the drawings or as specified herein. B. The Contractor shall refer to the plan for the locations of the different turf establishment areas. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Payment for seeding shall include the costs for furnishing the designated seed mixture and seeding at the rate specified and shall be measured by the SQUARE YARD (SY). 2. Payment for sodding shall include the costs for furnishing and placing the designated sod and shall be measured by the SQUARE YARD (SY) of the sod in place. B. The furnishing and installing specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the associated seeding and sodding items. Such items of work include but are not limited to: 1. Application of starter fertilizer on all areas to be sodded shall be included in the price bid for sodding. 2. Subgrade preparation and topsoil placement. All topsoil shall be salvaged and placed with on site material. ~, 3. Maintenance of newly sodded and seeded areas, as specified, include in the unit price for the associated items. 4. Stapling of sod on sloped areas, include in the unit price bid for sodding. 1.3 SPECIFICATION REFERENCES A. Mn/llOT Specification Sections 2575 and 3876, Turf Establishment shall apply to the establishment of grass and sod, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -PRODUCTS 2.1 MATERIALS A. Seeding Items 1. The seed mixtures to be used are shown on the plans. In general, all application rates for mixes, are 150% the rate in Mn/DOT Seeding Manua12003. 2. Seeding with the various seed mixture designations shall utilize the following combinations of seed, fertilizer and mulch: 3. Type 1 mulch shall consist of clean straw with no pasture hay. City of Albertville - T 15.21650 TURF RESTORATION May 26, 2005 ~ Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02920-1 4. Fertilizer use shall comply with Minnesota Statutes 2003, Section: 18C.110, Fertilizer, Soil Amendment, And Plant Amendment Law or local ordinances, if more restrictive. (a) ** Phosphorous content at the time of turf establishment shall be: (1) 0% in metropolitan counties. (2) 3% in non-metropolitan counties unless the local jurisdiction enacted legislation prior to 8/01/02 that provided more stringent limits. B. Seed Mixture: 270R'1' R esidential Tur t) Common Name lb/AC % of mix Bluegrass, Kentucky -Elite 45 25.0 SEED RATE 180 lb/AC Bluegrass, Kentucky -Improved 45 25.0 FERTILIZER Bluegrass, Kentucky -low maintenance 45 25.0 Type 6-**-24 Red fescue, cree ing 14.4 8.0 Rate 2001b/AC Rye-grass, perennial 30.6 17.0 MULCH GRAND TOTAL 180 T e 1 Rate 2 ton/AC Typical Usage -Good to soils, loams. ** See Note Abo ve. C. Sodding Items 1. The sod to be used shall be Type A -Lawn Sod. PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. GENERAL 1. The subgrade shall be shaped to approximate the contour of the finished surface. All construction debris shall be removed from the area prior to the placement of the topsoil. The subgrade shall be loosened with a disc or harrow to a depth ofsix-inches prior to application of the topsoil. 2. The topsoil shall be shaped to the approximate the contour of the finished surface, with a minimum depth of 4-inches, unless otherwise shown on the plan. All construction debris shall be removed from the area prior to seeding or sodding. The topsoil shall be loosened with a disc or harrow to its full depth prior to seeding. 3. The Contractor shall be responsible for providing water and maintenance for a period of 30 growing days to firmly establish the seed or sod. The term maintenance shall include mowing and weed control, as necessary. 4. If, in the opinion of the Owner and/or Engineer, that such maintenance is required, the Engineer will notify the Contractor of the situation. Failure to uerform the work required within the 24 hours of the notification will result in a contract deduction of $100 for each 24 hour period that the work is incomulete, as observed by the Engineer. 5. The Contractor shall remove all rocks and debris from the surface prior to seeding and mulching t City of Albertville - T15.21650 TURF RESTORATION May 26, 2005 ©13olton & Menk, Inc. 2005, All Rights Reserved PAGE 02920-2 B. SEEDING REQUIREMENTS 1. Areas prepared for seeding shall be free of rocks, debris and clumps of soil. The areas shall be graded uniformly and lawned areas shall be raked free of chunks exceeding'/4 inches diameter. Seed shall be applied with a drill seeder, unless otherwise approved by the Engineer. 2. Dormant seeding may be utilized in accordance with the referenced specification and technical memorandum, provided the final acceptance standards are met. 3. Final acceptance of seeding shall be based on an established growth of 6-inches with a uniform density to cover 70% of the designated area, free of weeds and bare spots. Any re-seeding necessary shall be performed at the Contractor's expense. C. SODDING REQUIREMENTS 1. Sod shall be placed by the Contractor in the disturbed boulevard areas as directed by the Engineer. 2. When placing sod in irregularly shaped locations, the Contractor shall produce sharp, straight joints between sod rolls. 3. Sod shall be placed to created a firm, smooth, uniform surface without ruts, knobs or wrinkles. 4. The Contractor shall be responsible for providing water and maintenance for a period of 30 growing days to firmly establish the sod. The term maintenance shall include mowing and weed control, as necessary, and shall be considered incidental. 5. All re-work necessary to repair imperfections in sod placement shall be performed at the Contractor's expense. ****END OF SECTION**** i~ i~ i~ i~ City of Albertville - T15.21650 TURF RESTORATION May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02920-3 i~ SECTION 02955 -DRAIN TILE REPAIR PART 1 -- GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to drain file repair, as indicated on the drawings or as specified herein. 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Drain Tile Repair (a) Payment for drain file repair shall be paid and measured by the LINEAR FOOT (LF) for any size and type of drain file furnished and installed, complete and in place, at the appropriate unit price bid. The specified field connections will be considered incidental to the length of drain file being repaired. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the drain file repair items, as indicated. Such items of work include but are not limited to: 1. Locating and connecting to an existing storm sewer and/or drain tile, include in the price bid for drain file repair items. 2. Furnishing bends, adapters, include in the price bid for drain file repair items. 3. Maintenance of drainage, include in the price bid for drain file repair items. 1.3 SPECIFICATION REFERENCES A. MnlDOT Specification No. 2502 shall apply to drain file repair, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. PART 2 -- PRODUCTS 2.1 DRAIN TILE REPAIR PIPE AND FITTINGS A. All pipe and material shall match the existing drain file encountered in the field. i~ it PART 3 -EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. Drain Tile Repair 1. The Contractor shall immediately notify the Engineer whenever drain file lines are discovered. 2. If the existing drain file is determined to be in service, the Contractor shall repair these lines with the same size and type of pipe. i City of Albertville - T15.21650 DRAIN TILE REPAIR May 26, 2005 ©Bolton & Menk, Inc. 2005, All Rights Reserved PAGE 02955-1 ~~~~~ INTERTEC March Z1, 2005 Mr. Ronald Farmer Short Elliot Hendrickson, Inc. 3535 Vadnais Center Dr St. Paul, MN 55110 Re: Factual Report Proposed Mud Lake Water Main Albertville, Minnesota Dear Mr. Farrner: Braun lntertec Corporation Phone: 952.995-2000 11001 Hompshire Avenue S Fax: 952.995.2020 Minneopolis, MN 55438 Web: braunintertec.com Project BL-04-07895 We have completed a factual report for the proposed Mud Lake Water Main in Albertville, Minnesota. The purpose of the factual report was to assist in evaluating subsurface soil and groundwater conditions with regard to construction of the water main. Please consult the rest of this report for the soil profile and requested laboratory testing. If you have any questions regarding this report, please contact Ryan Benson at 952.995.2244 or Ray Huber at 952.995.2260. Sincerely, BRAUN INTERTEC CORPORATION ~~ Ryan M. Benson, PE Project Engineer ~~~ Ray A. e Vice President -Principal Engineer Attachment Geotechnical Boring Report c: David Bomersine, Braun Intertec, Albertville Office factu7al rpt Providing engineering and environmental solutions since 1957 Table of Contents Description Page A. Introduction ................................ .l. Project ............................ ....................................................... 1 A.2. Purpose .................. 1 A.3. Scope ........................................... .4. Documents Provided ............... .............................................1 A.S. Locations and Elevations .....................:. 2 .................................................... . ........... Results .......................................................... .1. Logs .............:............................................... .......................................................... 2 ....... .2.. Site Condition ................... .. ..............................2 . ........................................................... B.3. Soil ................................ ...2 B.4. Groundwater ........................... - .................................................................. .....3 ............... C. Procedures ........................................................................•-•- ..................................................... 3 C.1. Drilling and Sampling .............................. ....................................................................3 C.2. Soil Classification ................... 3 C.3. Groundwater Observations ...... .................. 4 C.4. Groundwater Fluctuations .............................. ...... ................... ..................................... 4 C.S. Use of Report ........................... ................................................................ ...................... .6. Level of Care ....................................... Professional Certification Appendix Boring Location Sketch Log of Boring Sheets ST-1 to ST-4 Grain Size Accumulation Curves 1 and 2 Descriptive Terminology - - A. Introduction A.1. Project It is our understanding the City of Albertville is proposing to construct a water main crossing at Mud Lake in Albertville, Minnesota. The project site is generally bounded by 70th Street to the north, 62nd Street to the south, MacIver Avenue to the east and East Laketown Drive to the west. Braun Intertec was contracted to conduct geotechnical borings at the locations chosen by Short Elliot Hendrickson, Inc. (SEH, Inc.) on behalf of the. City of Albertville. ~ A.2. Purpose The purpose of the geotechnical borings was to provide geotechnical information and re resentative soils P samples for SEH, Inc. A.3. Sco e P The following scope of services was established in our proposal dated December 9, 2004. Mr. Ronald Farmer with the SEH, Inc. authorized the proposal on January 26, 2004. Our scope of services was limited to: - • coordinating the locating of underground utilities near the boring locations. • conducting four penetration test borings to a depth of approximately 40 feet below existing grades within the project site. ~ - -- . ~~ classifying the samples and preparing boring logs. • conducting a laboratory testing program not to exceed $1,500 as directed by SEH, Inc.. • discussing the results with Mr. Ronald Farmer of SEH, Inc. • submitting a geotechnical summary report containing logs of the borings and our field and laboratory tests. ,~ A.4. Documents Provided ,_ Mr. Farmer provided us with a site plan showing the proposed boring locations. The provided site plan was labeled "Hunters Pass Water Main" and was dated February 1, 2005. In addition, a satellite image of the project site was downloaded from www.keyhole.com. A copy of this image is attached in the appendix. City of Albertville Project BL-04-07895 March 21, 2005 Page 2 A.S. Locations and Elevations The boring Iocations were selected by SEH, Inc. Four borings were performed along the aligmment of the proposed water main. The borings were staked in the field by a representative of SEH, Inc., prior to our field exploration. The surface elevations of the borings were provided by S.E.H, Inc. B. Results B.1. Logs Log of Boring sheets indicating the depths and identifications of the various soil strata, penetration resistances, and groundwater observations are attached. The strata changes were inferred from the changes in the penetration test samples and auger cuttings. The depths shown as changes between the strata are only approximate. The changes are likely transitions and the depths of the changes vary between the borings. Geologic origins presented for each stratum on the Log of Boring sheets are based on the soil types, blows per foot, and available common knowledge of the depositional history of the site. Because of the complex glacial and post-glacial depositional environments, geologic origins can be difficult to ascertain. A detailed investigation of the geologic history of the site was not performed. B.2. Site Condition The proposed water main alignment generally runs northeast to southwest crossing the open water of Mud Lake. This portion of the lake is proposed to be surrounded by future residential development abutting Mud Lake. 8.3. Soil The general soil profile a_t the site, exclusive of the surface water and ice consist s of approximately 2 to 4 feet of organic clay underlain by glacial till sandy lean clay. The clay soils extended to approximately 29 to 34 feet below the existing grade. The clay sails were underlain by granular soils which extended to the termination depths of the borings of approximately 40 feet below the ground surface. The granular- soils generally consisted of silty sand or poorly graded sand with silt SM to SP-S M). The penetration resistances within the organic clay soils ranged from 1 to 5 blows per foot (BPF) indicating very so$ to City of Albertville Project BL-04-07895 March 21, 2005 Page 3 rather soft conditions. The penetration resistances within the glacial till sand lean clay soils ranged from 2 to 48 BPF indicating soft to hard conditions. However, the elevated penetration resistances were judged to be caused by cobbles being encountered during sampling. Therefore, we estimate=the average penetration resistances within the glacial till clays to be closer to 10 to 20 BPF indicating rather stiff to very stiff conditions. The underlying granular soils had penetration resistances ranging from 10 to 54 BPF indicating loose to very dense conditions. The elevated penetration resistances within the granular soils were due to cobbles being encountered during sampling. The average penetration resistances within the granular soils were closer to 10 to 30 BPF indicating loose to medium dense conditions. B.4. Groundwater Groundwater was observed in alI of the borings while drilling. The groundwater was encountered at depths ranging from at the surface in Borings ST-2 through ST-4 to 29 feet below existing grade in Boring ST-l, which correlates to approximate elevations of 924 1/2 to 948 (current lake elevation). The impervious nature of the clay soils skewed the water level within Boring ST-l . The regional groundwater level is likely to be very close to the surface elevation of Mud Lake. Seasonal and annual fluctuations of the groundwater should be anticipated at this site t C. Procedures C.1. Drilling and Sampling - - ° - --- - V4Te performed the penetration t;,st borings be~~~een Feb~aa~y 14 and Imo, 2004, with a core and «uger drill- equipped with 3 1/4-inch inside diameter hollow-stem auger mounted on an off-road drill rig. Sampling for the borings was conducted in general accordance with ASTM D 1586, "Penetration Test and Split-Barrel Sampling of Soils." We advanced the boreholes with the hollow-stem auger to the desired test depths. A I40-pound hammer falling 30 inches was then used to drive the standard 2-inch split- barrel sampler a total penetration of 1 1/2 feet below the tip of the hollow-stem auger. The blows for the last foot of penetration were recorded. and are an index of soil strength characteristics. Samples were taken at 2 1/2-foot vertical intervals to the termination depths of the borings. A representative portion of t .each sample was then sealed in a glass jar. C.2. Soil Classification The drill crew chief visuall and m y anually classified the soils encountered in the borings in general accordance with ASTM D 2488, "Description and Identification of Soils (Visual-Manual Procedure)." A_summary of the ASTM classification system is attached. The samples were then returned to our - Ci ty of Albertville Project BL-04-07895 -March 21, 2005 Page 4 laboratory for review of the field classifications by a soils engineer. Representative samples will remain in our Minneapolis office for a period of 60 days to be available for your examination. C.3. Groundwater Observations Immediately after taking the final samples in the bottoms of the borings, the holes were probed through the hollow-stem auger to check for the presence of groundwater. Immediately after withdrawal of the auger, the holes were again probed and the depths to water or cave-ins were noted. The borings were then immediately backfilled. C.4. _ Groundwater Fluctuations - We made water IeveI observations in the borings at the times and under the conditions stated on the boring logs. This data was interpreted in the text of this report. The period of observation was relatively short, and fluctuations in the groundwater level may occur due to rainfall, flooding, irrigation, spring thaw, drainage, and other seasonal and annual factors not evident at the time the observations were made. Design drawings and specifications and construction planning should recognize the possibility of fluctuations. C.S. Use of Report This report is for the exclusive use of the City of Albertville and their design team to use to design the proposed water main and prepare construction documents. In the absence of our written approval, we make no representation and assume no responsibility to other parties regarding this report. _The data, analyses and recommendations may nat be appropriate for other structures or purposes. We recommend that parties contemplating other structures or purposes contact us. C.6. Level of Care Services performed by Braun Intertec Corporation personnel for this project have been conducted with that level of care and skill ordinarily exercised by members of the profession currently practicing in this area under similar budget and time restraints. No warranty expressed or implied. . ~~ ~~ LOG OF BORING Braun Project BL-04-07895 BORING: ST-1 GEOTECHNICAL EVALUATION Mud Lake Water Main LOCATION: See attached sketch. Albertville, Minnesota DRILLER: Chris Powers METHOD: 3 1/4" HSA Autohammer DATE: Z/15/OS SCALE: l" = 4' Elev. Depth feet feet ASTM Description of Materials BPF WL IvIC Tests or Notes 953.5 0.0 Symbol (ASTM D2488 or D2487) OH ORGANIC CLAY, black and dark brown, wet. Benchmark: The booing (Lacustrine) - elevations provided by Short Elliot Hendrickson. 5 949.5 4.0 CL SANDY LEAN CLAY, with a trace of Gravel with a , layer of Fat Clay at ~ feet, brown to 26 inches then dark 7 30 LL = 55 gray, wet, medium to hard. PL = 2 ] 0 (Glacial Till) PI = 34 m °' D 7 22 , a 9 ~l 9 20 5 14 - _ .. - -.. _. ~ 17 i 7 18 34 31 2] An open triangle in the water level (WL) column 924.E 29.0 ~ indicates the depth at SM SILTY SAND, fine- to medium-grained, with occasional which groundwater was observed while drilling cobbles and Sandy Lean Clay layers, brown, waterbeari 25 . Groundwater levels medium dense to very dense. i fluctuate (Glacial Till) . F ,.,~aw~uuciiw ~..vi ~/V~duVn, ~ioomingian JI-I page I oiZ =` - ~ LOG OF BORING ~~ Braun Project BL-04-07895 BORING: ~ ST-1 (cont } GEOTECHNICAL EVALUATION . Mud Lake Water Main LOCATION: See attached sketch. Albertville, Minnesota DRILLER: Chris Powers METHOD: 3 1/4" HSA Autohammer DATE: 2/15/05 SCALE: 1" = 4' Elev. Depth feet feet ASTM _ Description of Materials BPF WL MC Tests or Notes 921.E 32.0 Symbol (ASTM D2488 or D2487} SILTY SAND, fine- to medium-grained, with occasional 54* * Cobble encountered cobbles and Sandy Lean Clay layers, brown, waterbearing, during sampling. medium dense to very dense. (Glacial Till) (continued) 45* 30 0 m .~ °' _ ~ w 13.0 0.5 31 ° END OF BORING. 0 Water observed at 29 feet with 39 feet of hollow-stem auger in the ground. x ,o Water not observed to cave-in depth of 36 feet ~, immediately after withdrawing the auger. Boring immediately backfilled_ 0 0 a~ H ~ ~ Ca ~ _ ._ - , 0 0 F V z m ~; a 0 a U O :a V m z Q C BL-04-G7895 Braun.tntertec Corpora[ioq Bloomington ST-I nave ? ni ~ i 1 r~ J ~3~~~SM LOG OF BORING lNTERTEC ~~~5~ LOG OF BORING (NTERTEC ~ ~i LOG OF BORING -Braun Project BL-04-07895 BORING: ST-3 GEOTECIL'vICAL EVALUATI ON Mud Lake Water Main LOCATION: See attached sketch. Albertville, Minnesota DRILLER: Chris Powers METHOD: 3 1/4" HSA Autohammer DATE: 2/14/05 SCALE: i" = 4' Elev. Depth feet feet ASTM Description of Materials BPF WL MC p200 Tests or Notes 947.9 0.0 Symbol (ASTM D2488 or D2487} 22 inches of ice over ] 4 inches of water. 944.9 3.0 OH ORGANIC CLAY, black, wet. (Lacustrine) 942.9 5.0 CL SANDY LEAN CLAY, with a trace of Gravel brown to TW _ , 16 feet then dark gray, wet, rather stiff to hard. -° (Glacial Till) 9 a 11 5 a g ' 9 18 ~ ]1 19 55 . _. 7 15 14 15 16 15 18 With a trace of Cobbles at 28 feet. ' 48* * Cobble encountered during 91.9 32.0 ~ sampling. ' - BL-04-t)739~ BraunIntertec Corporation, Bloomington ST-3 page I oft .: ~ ~ __.. ~~~~~ LOG OF BORING Braun Project BL-04-0789 BOILING: ST-3 (coIlt ) - GEOTECHNICAL EVALL' A IO . _ T N Mud Lake Water Main LOCATION: See attached sketch. Albertville, Minnesota DRILLER: Chris Powers METHOD: 3 1/4" HSA Autohammer DATE: 2/14/05 SCALE: 1 ". = 4' Elev. Depth feet feet ASTM _ ~ Description of Materials BPF WL MC p200 Tests or Notes 915.9 32.0 Symbol (ASTM D2488 or D2487) SP- POORLY GRADED SAND with SILT, fine- to SM medium-grained, gray, waterbearing, dense. 32 " (Glacial Outwash) 912.9 3~.0 SM SILTY SAND, fine- to medium-grained, with occasional 30 Poorly Graded Sand with Silt layers, gray, waterbearing, medium dense to dense. (Glacial Till) 0 16 ti D O J'S O O 4 '~ " 904.4 43.5 15 END OF BORING. - Water from the surface. Boring immediately backfilIed with bentonite grout. ._ a ,.. . - - " . - -- nr nn nvonc li~a~,~ imcucc ~.u~purauon, nioomm~[on SC-~ paEe 2 of ~:. x~ ~- ~~-~ ~- LOG OF BORING Braun Project BL-04-0789 BORING: - ST-4 GEOTECHNIC L A EVALUATION Mud Lake Water Main LOCATION: See attached sketch. Albertville, Minnesota DRILLER: Chris Powers METHOD: 3 1/4" HSA Autohammer DATE: 2/14/0 SCALE: 1" = 4' Elev. Depth feet feet ASTM Description of Materials BPF WL MC Tests or Notes 947.9 0.0 Symbol (ASTM D2488 or D2487} 20 inches of ice over 4 inches of water. 945.9 2.0 OH ORGANIC CLAY, black, wet. {Lacustrine) 941.9 6.0 1 CL SANDY LEAN CLAY, with a trace of Gravel brown and a , gray to 26 feet then dark gray, wet, rather soft to very stiff. 4 s (Glacial Till) a j a 5 3 6 7 19 LL=33 PL 19 PI = 14 8 18 i 15 17 14 16 20 17 18 15 I3 .i F C v niaw~ iuienec ~orporauon, csioommgcon ~ t-~ page 1 of 1 i S E c E L c `c C t v C ~~~i~ LOG OF BORING Braun Project BL-04-07895 BORING: ST-4 (eoIIt ) GEOTECHNICAL EV . ALUATION Nlud Lake Water Main LOCATION: See attached sketch. Albertville, Minnesota DRILLER: Chris Powers METHOD: 3 1/4" HSA Autohammer DATE: 2/14/05 SCALE: 1'' = 4' Elev. Depth feet feet ASTM Description of Materials BPF WL MC Tests or Notes 915.9 32.0 Symbol - (ASTM D2488 or D2487) SANDY LEAN CLAY, with a trace of Gravel, brown and gray to 26 feet then dark gray, wet, rather soft to very stiff: 9U.9 34.0 (Glacial Till) (continzred) SM :: SILTY SAND; fine- to medium-grained, with a trace of 50* * Cobble encountered Gravel, with occasional cobbles, brown, waterbearing, during sampling. dense to very dense. (Glacial Titl) 32 a 908.9 39.0 v SP- POORLY GRADED SAND with SILT, fine- to 10 SM medium-grained, gray, waterbearing; loose to medium dense. (Glacial Outwash) 905.4 42.5 11 1 END OF BORING. S Water from the surface. Boring immediately backfilled with bentonite grout. i i i i ( i __ araun mcerrec ~orporanon, ts~oommgren S 1-4 page 1 of "1 G ~" O O Q CJ _ '-a U_ ~^ Q z ...1 ~ ~ o z w '" ~ U r z ~ -- o ~ z ~'" o ¢ .~ ~ U H ~~ ~ o e a o N N o0 11 1t cu v ri m t~ U ' ~ '~ -- o ~ ~ ~ ~" c o 1 ~ ~ l t II F" Q o 0 0 - -~f _ ¢ o C7v icnU(~(~(~ V ~ r ~ O o w ~ W H w ~ ~ ° ~ , a ~ ~ ~ o v ~ U Q ~ rr--~~ t~+ ~ ~" ~ r Vr ~ ~ o N O \./ (~ ~' O i ~+ . O W N - p ~ _ ~, . ~ ---.. _- x - ~ W ~ ~ a O 3 Q ~ (y , ~ H j as°.. a N ~ a ~ ~~ ~ ~ ~ ~, ~ ° q m o w m N ~ ~ (( M W W U 0 0 0 0 o c o 0 0 0 "' .L~ 0 O ~ oo [~ ~ vl v In N ~ ~~ JriISSdd .L~I3~2I3d 0 0 0 U ~. c b Y L~ i~ i~ C ~i ~.J 0 0 .~ U ~ U ~^ Q U o ~. z a ~ U ~. z ~ p ~ z G:. o ¢ ~ ~, U H r~ ~ a o 0 o ~ N ca II'II v ~ N UU 7. N W ~ ~ O p O O ~ ~ ~ ¢ O o ~ c7 v1 ~ U QQQ ~ \ `/ z o ~ ~ ~ W ~' ~ ~ h ~ ; ,~ ~ Q a ~ ' a O v - U ~ H r N q ~ ~ ~ ~i .C ~ r h~ N a ~ +~+ L w ~ C ~ Q -z W 3 ~ Q a~ M ~ ° ~ ~ , ~ ~ ~ ~ ~ q ~ o m ~ ~ o _ W N ~ N . ~ ~ ~ ~r r }~ -.l i ~ i~i~ Q U ~^ o o ~ 0 0 0 0 0 0 0 o c O G1 ' oo t~ ~O vl 7 rl N ~ ~J[~IISSdd .LN3~2~3d U n 0 .~ C ~~ Z v X n N rf n \ Z 0 W ~ o a a o .. 3 A , H ~ ~a ~ .n _ ti ~. ~ ~ ~ a W j. Z~ W ~ - $ = In 7~ C7 P (7 O Y7 O W OaaC ~y < o ~ N ~ Z - ~. Z ~ ~ Q` 0, 0+ O, . . Z 9 = 8 l7 Z N (7 ~ ~ O Rf 1 # Y I I I a g m `` ji 5555 ~ I 1 Y-' J ~:~ _ -~ ~G'~ { o ~~ ^ j/ I it ~ 3 ~ U 'R1 _ ~ I` ~ ~, a m ~cm .\\ 1\ ~ N ~ ~ ~ V ~ O ~ ~~YCV ~ ~r L =JCS - ~i O ~ N _ ~ .C V ~ O ~ L L `\ cc ++ ~ C W ' ~~I ~ `} ~ ~ ` Q \ ~u ~ ff` ~ ~. J \ N \ _ ::~; \ \\~ ` Q ~ ~ / - - W ~ /i-~ ~ F- 3 / G z ~~` ~~1 ° a ' + .` - 1~ . QN C Q ~~ ~ • ~ ,`` / _ O Q' ~ \~ ^ _ V Q q ~ / y / ' _ - / p 111 - a ~ / d ~. , c t ji ;t 1 ~§~ _ ~ >}I p~ w ~ O O r n 9 nl ,= ? d N ~ r ~\ _ v Q _ G !; - ~ . ~ ~ _ _ . _... a.Y,. z m .- = m } m o o o a - m ~ ~ ~ a ~,, FIGURE I10, s U 41 [l ii L~ 1 i u n n u ~ ~ 0 v~~ZdZd]~ ~= d Z a O ~ ~ '~ W P. O N Z ~( Z Z d _w /~ C.=..j ~i ~i r N N W Q Z N S = U~ZO ~~ ~ ~€ 1 rc~~ n z3U=w J w N W W ~~~ .T ~_ (+ + '~ r U~ J X F-I (n3J>~ ~~~ Q~p~UI m W f fNNN~ ~ 's. :.~. 2 .^s~:; ~ ~ ~ ao _1 Y Q ~ ~~il al~iWO - ~~ a:-~ tom) _ aSg = ~F=-22N a Z ~ODQ'V -,{`j ~ ..~._ ~` 3~J~ c5 ? WQZ Q D ~~° 1a s4 ,r a L~~Zj ~d~ p~ ~ 1J N V' JJ(='j~x W w 0 ' S~• ~~ < Y 2 K U~ ~ d d Z =,- ~ ~3 ~ Q~dZ2 _ ~x ~~ ~ w~W ~ ~J ~ ~d ®~N h fn~d' JO ~ . 3 W _J d 1t- ~ma ~ I=-56~¢ ~~ 3 O Z W ~ a V J F- -- - ~ -------- U ------ ~-.~ o H 1 ~ _ - ----- -- -~-.----- w ~ ~ l W ~ ~ Y~ zN J O oW ~ ~W M ~ ~I.1~1C Y{-, ~ ~ z ~Z W _ ~ ~ ~ ~ L~1TJ ~ ~ ~ ~ ~ °~ ~, ~ ~ zW ~~ y --_ O ~ ~ ~ ~~ o ® = m O 7~ _ __ ~„ C O H N O _ ~_ --; o o ~ U~ ~ ~~ ®® m l ~ - _ M".~ ~T~ ~ T \ ~.~i.~ 61 ®®® .._~ ®® ®®® ®® ~~ ~a s o~~g ~w~" o~ ° 3 ~ i i 3 °~ ~ s~ m~< Z z p w W >> o w 3z3 ~~y' u ~~a{ ~ 7 ~ t y~ ° Zp az O 0 E r o ri rc J z~ usi ~~~ ~ rc u Sri ~ F~ ~" j w j ~l. ~ fi W< 0 0 ('1 ~} ~ U yy<< W W m a c~~° c '~ Z m~~ n i WF rc rn a mz j ~ ~~ ~ j ~ ~ ~ ~ m\~ KI x ~ ~ z ~ 1~ ~ S w rL o w Q O j o U < p ~ ~ ~ O _z ~ o~ w a N Z z W Y ~~ F u°° ~' ~j ~ i m z a ° a rc ? W 3 LC ~ ~ u i+ a ~~ w; az ~ o a ~ ? ~ ~ ~ a rc < ~ u 4 0 ~ w(~ ~ ~ ~ ~ ~ a ~ ~~e ~ rc g ~ W ~ W & ~ ~ Z ~ d it i ~ z z ~ ~ ~ a ° }} w ~ o a z ~ ~ ~ ~i WZ 5< v ~ o s ~ ` ~ ~ ° ~ ° a i ~ ~ a ~ ~ 3 ii yJQ' ~ ~" o Z<i ~ c~ <~ ZQ~ ~ o a- iii aa 333 333333 Fd 3 pp~~ Iy~ 0 3 a z 2 p W j O~? Q j o C a' ~ o < a w' ; ~ j o, K Z U 2 o w~~ ~ O ~ ~ ~ 4 2 z z w 8 ~ K f U U ~ U U N UI ~ 3 u Ili u) N ti a i> U 3 u U In a a N < a4 m 3 3 x N U u ~ o~ u v u S ~ 3 ~ ~ ~ rn F 3 £> U c3 a 7 a o ~ ~>> m In N I~I ~l I; ~ ~~~ I~i!~ ~ I II I~~ I ~ i ' I ~ z ~ I a ~ ~ I i i l ' I ( a~ ~ I ~ n I I a O I I i I ( ~ ' i x t~ „+~ ja ' S ' ti ~ } ~ ~ ,; ~ 4 ~ _ ~ .. x~ ~ as ~ ~ ~ p g ~ I I ~~,.. ~ ~ O ~ ~ 4 ~) ~ I ~ ~ j ~ ~ I ~ Il Z~ 'v~ ?~ •~ ~ ~ ~~ ~~ ~ p lV ~ I I t b al io c~ r f ~o ~ ~ ~ o~~ ~ N No U O K ~ Z ~ ~ Z W ~ ~' o ~ ~ ~ S312NA a? ~< m ~ o X°a m ~ o a W ~_ Z N ... ~ Nac ~ ~ J N J ~ 0_ ~ rz~a~a~~^ Z ~ ~ Z ~ ~~~zaz_~ {~~ WW L m ~ J ~ ~ W ~ ... N ~ r ~ F ~ I ¢ w C O~~ O~ a W 0' ; G ~~ ~ Z ~ ~~. p O U W fil m 0 U F S O~ W~ N QY o c~~ z ~ O g 3 ~~ o ~ r M a ~ci n ~ ~~ z ~ ~ W Z p ~~ K U b Z .~.. b ~ ~ W O O (n x ~~ W ~ ~ (g~ < a a ~ 7 i W O ~ gx ~ ~ O w ~N 2 mo ~~ o tt~~Wa ~ ~ 3g O a' + ~~ i ~ m~~° a t W /' ~ om I~ N W ~ ~Z O ~ N ~ _ ° ~-- ~ 4! w yg~ a cpio~ - o zu N ~ ~ Z 2 O` pp Z ~ ~ ~ NO ~W ~O W ~S~ W O ~a-j U ~ pO~jc 2 Vi ~,a, fn gW 3~ ~~uG W ~ K c~ zz a O_ z~ N~ a~ 3~ U d ~ ~ ~ m i~ a m~wWW~ yW~~p ~ U 33 ~W WI- J~ O ~~nnO o3 W Uwar ~ ~ ~ ~ i W N 2' Z t~i1 U $ ~ Z F<- Z JJ ~~~ N- 2 K W Q ~~3~3 '~ O 3 ~ N W ~~3 ~ w Vl U N ~ <~ 1 m ~ QUQ Z aNW rnv ~ z~i mB ~ m W M U ~,-G W W ... .. .. ., ~ m ~ t/I ~ K ~'e ~d N .. :' ~O m.~ 2 ~" ~ p~ p O p ul ~ N N ~ ~,pp55 O m ~r ~ ~S ~'. ~ ~ ~~. ~„',..~ F" M O Z ~ z l ~ n M ~ W <~ 3 €o= ~ n N ~ ~O ~ 19 F~~ ~ . p r Q U Sd Lw paW, ~ U N ppN ~m~ Z ~~ p JJ D ~ N ~ r W U ~ <~ (yp-1 - ~ i C W ~J~J 3 Q W O ~~ ~ V ~a 7] ~y _ a ~mzr ~W ~crj~ ~~ ~ Og to r < - {r ~ ~N v~v~O~ m O N iov ~ O U <~ W ~~ c3m~a S ~~`' cl 3 ~~~~ ~~3w Z~Wp ~ ~~~~ m~~tS o \ J Z (~ ~Gn O ln\ /Q- v ~i O Z ~ pp3pp ? ~6-\ „~ p O a~1 U `r ~aW ~\ N G `~ Z ~(7N ~ mU ~3 QO\ Y zzM ZO W ~~~ ~ 4 Ors tl~ ; p~i F ~~~ ~ ~ ~~~ ~ ~o ~~n~0 W d'YO Z Z\ W p ~ O car O 62 9 ~~na 3 ~ ~3`~ ~ ~~ 3 l 'NIW Z ~ 'r '< in °o io ~ ~ (V E W~ W ~ O o W ~~ N ~ N t~ K I•]• 4Kl U ~ O ~ o (Fj ZZ m W 6~ GC 0~ N U o U' ~ ~ Z 110-- F'~ 'o HS3W 3NIM ~ ~ Wf1WINIW ,0£ H 1N3N0391Y3 1SOd 'NIW ,0-,Z x ~ ~ ZZ d ~ ° Z N M o ° ?~ ~ Q ~ ~ Z W ° ~~ ~ W ~ U UfN O °Z N ~N ~ ~ o ~ ~ ~ ~ ~ v ~ ~~ U p W F ~ o a ~ 3 0 W ~ K a ~ ~ a~ ~ U J O ~ Z la m~ O~ w < < w Z Z m O~ W laml a w a O U m U O 90 aW ~~ ~ on ~3 ~ xw Z ~ xom U o3w ~ ~~ z mU c~ wa } z 3 w x w ~ v\ ~ m ~ U ~ Z W~tr ~~ ~~ 3 ~ ~O O~ ~ > ~< ~ c~ ~'o o~ ~ o z ~~° ~C 3y ~ ~ ~° oa Ja 3 >~ ~w ~ o°°o ~° a ~ Z U "W a~ ~`~' ~' ~ a'u"W"!' c~jo F~ z vio °zd~ ~zn ~~~ ~o aw ~ W~ ~~ z ~ Z w d ~ Z ~~ W w O ~ J }~ ¢ o N w F~ p w a~ Z ~~~ ~ a Z m aw ~~ w~ o s ~d ?~ ~m m m~ ~ 3 O ZV19 Z~ Oz ~ F. N~ 2p~ ~O J e~~ ..OK 4. wZ~ p ~ W? O W U ~a<~ f/1 ~~ 3 Z Z~X ~iW Zw <~ rs~ w~ ~ ~Q~~~~ ~:. ~v ~ g °~ ~~W ~o ~ Z ~~•~ °~ X3'1 °w u;~ °° N ~> w ~ z ~Z U ~ c~c~z}},,~~z °a°_~ °aa zotn ~ ~ awN ~o ~~~z w Zw ~g ~ ~~oz~g ~x ~c°~ ~ a a z a~ U U °w w m w z ww° Na~ N~w ~o.: ~ Ww~ Ua 3°~ 3 ~ tanw o o~vwiwo° a~ 5 ° ~ °~3 a FZ~ ~ ~ ~zW to QZZ ~ az~ ?m c~ ~ia\~Um t~n~~ ~~d~ 0 a~~ ~OO ~~" ~ ° liZ} ~°_ ~+~J W °W m0 ~j wOp~Z~ ~U 0=N OU W Otal OUd U F- a ~ ~Z W ~iS m_00°Q~ U' WF- ~~om om~ ~°~ j oa oww ~~ ~~p~ ~ g ~a aoo°~ ~ ..~~~ ~ S z 7d' ~j~tF ~ stn °w ~ 'Sa W ~ ~ Htr~a ~w O~ a;~ a w Q~O w Jo OF wZ ztra ~ 3 J Jm w wrraap~- zo ~o~ a ..aZ~ ~U~ S ~~ ~~ g~~ p~pw°~ o~ ~c~i3 a~a Qa0 ~m ~ ~j~Wma Z°o tool yatl N~ y~'" Ox Z2 Uj0 Z tn~ N tn€ UOa K ~~NmrilO ~Z OUj 6 m,ri~ trW KpZ FtA x ~O rLla~I F ° O~Z°Z O O O QQQ W aU KOC~Q+~ d'3 JZ Z WWw~wn ~O fs1 (9< U ~ UYU xx~ ~~ ~}K OK ~UF- U ~W NO° Q jm Z~~N ~(~ O~~ ZW ~~ O~ W~ ~~ Ug W UOt~ Ja y O~Z ~J Z~}- °? ~9 N ~ ~ O O~ `2 ZW ~Q ~ ~~' ~U ~ D~pm-~ U°IN U (aJ v~w ~~~ c°~c>j ~> >~ ~~w stn coiw3 v U~ ~zOm w ~d°~o°w ~~ ~~~ ~ z 0 0 > ~ ° ~ <o oow a~ g Z ~ ^z ~ ••~ m ••~ ..~ z w ..o ,~ z a r. e ^ o r. ~nm. ~ ~ rn to ~. ..° o _ .-go ni~~i riaZF .rm ~n> ~d~~ nx coca tri °rs ~t~tn ~ ~°v° ~z 1°a3 3es Y ~~ W ~ ~~ N ~ ~~ ~~ t 2 (J O$ mp = 2~ Z W 2 ~v O ~ ~J W 3 aH c U /~ \~r 2 o t~OJ ~ ~ ~ <8 W ~~m~ 0 p ~ y ~ s~ ~ o / / i i iii = ~W ?~ ~ ~y~a J ~ ~ / }8 ~ ~ xa ~ ins U ~ \ ~ tcW7J~ 8 ~ ~~ ~ z ~ry~~` Q ~ ~ 5~~ ~~ ~ m~~ ~~~~ m ~~ ~~', 0..~', + o a w a o° ~Q2o ~'~Z< o °o °p ° ~~ ° ~~o ~~ ~rrx~ • ~N oo°o°p °~ Oj2 ~~~8 ~ ~ ~ ~ ~ 1 / ~jW~ ee~ n .n// ~ ~< r W 88 ~y~ ~~ ~~~ Y ~' ~~< ~o~ ~~~ ~~8 ~ ~ 8 ~~~ z ~ jnFZS p~~ c ~"g"^ ~e ~~GZ ~~~ (g> ~ ~ x FW g~~ ~F O~ ~~ ~~~~ Gc~f.S m> U ~ U oo ~ ~g~g~ a~ o Wy °~$a ~~_ ~ ~~ ~ ~ ~2b ~ ~~~~ s~ ~~~~ ~~~ ~~ ~~ ~~~ ~~ a~~i ~~ z ~O ae~ ~~ ~ J ~ a ~~~a ~~N s W~ ~~ N M~ ~ 8 J~O ~,x.. O W W < 3 ~ S~, N ~ o ~ aoa0i <° ~~r~~~ ~o~m~~m~ ~~~n ~ ~~ ~ ~~ ~SUfw~ z tn~~~~i ~s~ ~ ~ o s~~~s ~i~~~n~~ ~ci ~ i~&~~ ~ ~ ?c ~ g ~~ z p F~ m~ n°i ~ WO <ZO W ~ ~ y~yjN ~~ ~~ EO N J < , Z O ~ K ~. N ~~ ~~ W ~ ~~ m ~~ ~~~„ G c ~. ~ '0 a •4 ~ '< ~ • ~%rFc O m to ~ <~ ~ ~_ ,. ., <~~ t... o iS't(;; ii;°~ O ZFI j 0 W~ ~i- U M < 2 v N m I I Y -~- r''.~k W Q~ 3 M~ I I ~ .+:~Si~k~;'` a I ~ ° ^ n W W h ~ :c{ p NNN ^~ED~~fO ~FOm 2Z` :: ~ a w 1• Y1 °m `~ ~~°~ mx u°Qvgi°m~n u~iu°QHm ~_~ g off! ~~!~' "~~ mac' 8 e tied ~ zzz iii °zii°zi iiii i°zi U= Qao~ZW ~ ~ '~} ~ "' U =1 a ~o~~ F~=~N~ ~W<~ gZ~ ~Z NJ N ~~.j1 ~ ~Z~ ~NK<p ~Og ~ ~~~yC~jj ~f 00 ~ O[UG~7j ~< o ~~" ~} ~ O.- ~sllppKK ~ cW~w~O OG-~.~FS~~M~ ~ ~Ntpp°~oj ~p~.{~~+~ ~ pUj <Vdl ^v ~S~ r'j~sm ~ GGG=77i mhnnv~i q~~m ail a~~~ ~'2 ~73~Si~~ :- fn o1K ZK 3jj~ pp ~t_NOe s 3~~~~ m01~ < ~ ~ 11 /l 1\ \1 O O Q D 0 Q ~ rc 9 ?c a ~ m c7 x i ~ ~. ~ ~,. a4a.., r~ .~ ~ j .~~ i o .: ` ~ ~. N ~~ ~, ,~~ i _„ : ., _ .__ ,r ;~~ ~ , i ,, ., -. r i ... - ~ -._ ~ alt I'" O (.7 J } -~ ~ ~' : { ® s'" ~ jr ° ~ ®~i W Z Q. "+ - ,, f i ., a ~/ +• 3 ~"1 ,,. rt ... J e ,,.°' DD c.c ~ ~ .D DDD a G U w,.' `. l .., y ..~ ." ~ ~.~. '.. ,' p D D D p ~ J Z t£~ 1,. .D D.D D D O~ a ~\ ! *,~L P D, D pD D D D ~~ J ...",, _ rr e l W . ~ z DD DD .~ ~- D G , ~r t~ I t +\ D " O• p~ ~~ f"w,` ~~DD ~ W 3 J ~ ~ } \j r r'~ ~ D D ~' ~ r ~ ~ 'j ~ ,r y tf ~~lr ~ ~ DD DD ~ ~ .` '' ~ 1, ,'' DD ;D ~ W ~'~ `...~ f~ ~ i~ f~ ~ ~ - ~ DD DD ~ .y y ~ ~ r ~ t ~D D D U ~'.~{ d, p ~,, t D b (~, ( t i ',. i Ir D D .,J { f S ~ n ~ 3~ DDD D D f ~~ ,,,. •,. C D r d D ~ ~`~ DD DD R ~ 1O iD D p y D /~ ~',i ~ 1 i D D :/r V qy~,, D A ,., Y \\ DD p D / /~ \ ,. ~ OO \ _ D~D D J„r l Z ~ \ cd DD pF = ., ° ~....,._,- to Z -,, / Y W ~T o w I N ~~°° i'' w I ~° ~ w ~ _ _ ,. F~UK I ~ w w ~ ~ I ~ ~ - o~~w~' Z ~ a I O° a~ f ~~ w o: ~ a o~ ?~~(~'z o x ~ ~ % ~ ~ m Z a a ~ 1~'cti p ° a a o~ _ ' r c d a .a ~; I ~ " M 4j~z ~ ~ O ._ _ __ Q Q C' ----~''~= So 9 cFi ~i ~ Q _------ =~~ p 3 ,.. ,,....,. - m ----------------°---- w ` ,~.~ii w z a ---'--'------ ~ ,, a----_- ~ ---- o o _ _ -------- O Fo _ w ~ o O ~------------ ------ + ~ z tS m N o c~ -----'- - -I- J Z ~ °° g~ ~~ ~~ - '~yt ~. ., i j _, o w ,•.. .. - ,, 2 N ~~_ # i O a --..,. W ~ .. .~ _, .. I ,... ,. ~ s .. ~ r .~ ~.~ 3 ~~ ~ gib _ ~' ,, -. ,, y w W ~ pc °~ w a I p~ j ~ ~ i 0- ~ ~o~ ~ ~ . o a-3 xo ~N- ~ xo ~N~ ~~ o p aa `~ x ~ ~ 3 a ~ ~ ~ ~ ~ ~~ -~. ~ yz ~._w _ o ~ --' ~ z Z ~ ~ ~, _ a~ g N ~~~ N _.-- ___ ~ ~-"T-_ _. -. ~ _..__ .. _ _ _ -~_- -- D D -- -- D D ~~yy .. ~ D~ w m .~ m..... r Q J ~ . a. ... .....,. ~ D D .. ~ -I ~~ V ~ ~ J- Pb `Dp W +~ ~ 770 ZJ ~ ~ ~ ~ n w ~ ... ~ ~ D g ~' ~ D ` -z..t ~ w ]cA ~ DD D w ~~~~ D ~ ...,~ 4fQ I Sl ~ ~ ~ ~ '~N DD DD ~ ~~~ D ~ i W ;r~ Q"_ D D ~'r ~ QO y i ~ ~ 1- ,' ;, N.X., .. --' uD DD d ` 1~ i ~ D .. ...,, ...~ ~... • -.. ~ ~ 17 D D D C . ~i o ..,, , i D~. .$~ ..... ....,,, t ..,. ~ D D ~.., i t ........ D i .__ .. .n._.. ~ D ....... ~ ~~ } N ~~ 0 i.i ~ ~~~~~. ~ i C ~ ~~ ~ ~N w ,' 0 A,.- \ ~ ~~ , ~ rf =E . _ ,~ ,/ ~.. , 0 '~ ~ ~ - r o: m .~ '~~ , ~ .ti ,, ~ ~~' ~ I1 i ", i0 ~ ~ j~ ° ~ r'' ~:,: mss' / ~. s a ~`Z`~'~~ = E ~~~o.~ km. ~ ~~ E r~,~ ~ 2~ °' ' O d' ". ~4 .% ~ id~ ~~ o d U o i i v N aO pU N N i O X U' +°ma ~. ~~~ O W X v°z +k`1Om +m a~~~ .~ i-m~' 4 1.. ~..~ y l ~ ~ ~' 1