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Imp. Proj. #691 COUNCIL ~m WHO REQUEST FOR ACTION Originating Department Public Works Approved for Agenda Agenda Section June 25, 2001 Consent By: Guy Johnson By: D ( MOTION TO ACCEPT PUBLIC WORKS STORM WATER IMPROVEMENT PROJECT (PROJECT NO. 691) AND TO AUTHORIZE FINAL PAYMENT OF $19,015.24 TO G. L. CONTRACTING Item No. 6.11 REQUESTED ACTION Staff recommends that Council approve a motion accepting the Public Works Storm Water Improvement Project (Project 691) and authorizing the final payment of $19,015.24 to G. L. Contracting. BACKGROUND The Public Works Storm Water Improvement Project involved the installation of catch basins and storm sewer pipe in the parking area of the Public Works Facility. Also included with the project was the construction of a new water quality pond directly east of the Public Works Facility. G. L. Contracting's original bid for the construction of the project was $101 t550.32. During the project it became necessary to do additional earthwork for the pond excavation and to reconstruct slightly more parking lot curb and gutter. This is work that was called out in the specifications and for which unit costs had already been assigned. These changes brought the final contract amount to $115,479.75. The extra work on the excavation and embankment for the pond construction allowed for the required pond volume to be constructed from a water quality perspective. The replacement of additional pavement and curb and gutter was necessary because of poor soil conditions in parts of the parking area. Construction of the pond was mandated by the Shingle Creek Watershed Management Commission. The timing of the project was fortunate as proposed new legislation would require more stringent methods of treatment of run off from road salt storage sites. City staff is well pleased with the project and comfortable that it meets all of the Watershed requirements. FUNDING Revenue sources for this project are the City's Storm Water Utility Fund (Water Quality Pond) and the Central Garage Replacement Fund (Storm Sewer/Parking Lot). ATTACHMENTS The Request for Payment and the Engineer's letter recommending final payment are attached. MOTION BY f""_/):2:{/rL TO: tf_IYL--nlI7/~ 1 I SECOND BY (? pjlA//1 ~ I: Rfa\Pubworks\691 Final . f1 ~ Bonestroo g Rosene "" Anderlik & . \J . Associates Engineers & Architects Bonestroo. Rosene, Anderlik and Associates. Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo. FE. · Marvin L. Sorvala. rE. · Glenn R. Cook. P.E. · Raben G. Schunicht. P.E. · Jerry A. Bourdon. P.E. Senior Consultants: Robert W. Rosene. P.E. · Joseph C. Anderlik. p.E. · Richard E. Turner. P.E. · Susan M. Eberlin. C.P.A. Associate Principals: Howard A. Sanford. P.E. . Keith A. Gordon. P.E. · Roqert R. Pfefferle. RE. · Richard W. Foster. P.E. · David O. Loskota. P.E. · Robert C. Russek. A.I.A. · Mark A. Hanson. P.E. · Michael T. Rautmann, P.E. · Ted K.Field. RE. · Kenneth P. Anderson. P.E. · Mark R. Rolfs. PE. · David A. Bonestroo. M.B.A. . Sidney P. Williamson, P.E.. L.S. · Agnes M. Ring. M.B.A. · Allan Rick Schmidt. P.E. Offices: St. Paul, St. Cloud. Rochester and WiJlmar. MN · Milwaukee. \1')1 MEMO Website: www.bonestroo.com TO: Guy Johnson FROl\1: Vince Vander Top DATE: June 12,2001 SUBJECT: Public Warks Storm Water Improvements City Project No. 69/ Our File No: 34-00-125 The Public Warks storm water improvements have been completed. This \vork \vas completed such that the Public Warks site and the vacant lot east of Public Warks (the ~'Care Break" lot) \vill meet water quality treatlnent standards per the City's Surface Water Management Plan and Watershed requirements. The-City also replaced failing pavement, curb and gutter, and a water service in conjunction v.,rith the project. The original contract amount for the project was $101,550.32. The final amount for the work constructed is $115,479.75 or $13,929.43 over the original anlount. All work will be paid by bid unit prices. The primary reason for the overage Vlas additional excavation and embankn1ent for the pond construction. Additional soil was moved than included in the original plan StIch that the required pond volume from a water quality perspective would be constnlcted. The cost of the additional excavation was $9,597.80. The total spent for the pond construction \vas $51,314.96. An additional $4,331.63 was spent on the reconstruction of the parking lot. Additional pavement and curb and gutter in poor condition was ren10ved and replaced. The total spent for the parking lot and curb and gutter reconstruction and site storm se\ver construction was $60,619.79. A total of $3,545.00 was spent on a water service in the Public Works yard. It is reconlmended that final payment be ll1ade to G.L. Contracting in the anlount of $19,015.24. Final payment should not be Inade until the IC-134 forms have been received. cc: TOlTI Schuster Dale Reed Mark Hanson 2335 West Highway 36 II St. Paul, MN 55113. 651-636-4600 · Fax: 651-636-1311 . j A' Bonestroo II Rosene n Anderlik & 1 ~, Associates Engineers & Architects Date: June 6, 2001 2 AND FINAL Owner: Ci For Period: 10/17/2000 to 6/6/2001 Contractor: G L Contractin Inc., 4300 Willow Dr., Medina,MN 55340 Re uest No: CONTRACTOR'S REQUEST FOR PAYMENT PUBLIC WORKS STORM WATER IMPROVEMENTS BRA FILE NO. 34-00-125 CITY PROJECT NO. 691 SUMMARY 1 Original Contract Amount $ 101,550.32 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 101,550.32 5 Value Completed to Date $ 115j479.75 6 Material on Hand $ 0.00 7 Amount Earned $ 115,479.75 8 Less Retainage 00/0 $ 0.00 9 Subtotal $ 115,479.75 10 Less Amount Paid Previously $ 96,464.51 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 AND FINAL $ 19.015.24 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~~~ Approved by Owner: CITY OF NEW HOPE Specified Contract Completion Date: October 6, 2000 Date: Request #2FinaLxls Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date Part 1 .. Parking Lot and Storm Sewer 1 Sawing Bituminous Pavement LF 600 3.10 674 $2,089.40 2 Remove bituminous pavement SY 200 2.00 200 $400.00 3 Remove concrete pavement Sy 95 8.10 115 $931.50 4 Remove concrete curb and gutter LF 310 3.00 315 S945.00 5 Salvage and Reinstall chain link fence LF 30 15.20 30 $456.00 6 Remove and Replace Concrete Gutters at Roof Drains EA 2 278.00 2 $556.00 7 Reclaim bituminous pavement SY 1300 1.30 1430 $1,859.00 8 Common excavation (CV) Cy 300 10.10 300 $3,030.00 9 Topsoil borrow (LV) Cy 10 8.60 10 $86.00 10 12" storm sewer LF 75 21.10 75 S 1,582.50 11 15" storm sewer LF 338 25.70 338 $8,686.60 12 6" roof drain LF 180 12.80 201 $2,572.80 13 4' diameter storm CBMH EA 2 1562.00 2 $3,124.00 14 Connect to existing catch basin EA 1 400.40 1 $400.40 15 27" Diameter catch basin EA 1 785.50 1 $785.50 16 Aggregate base, Class 5 TN 100 16.20 375.2 $6,078.24 17 Salvage Aggregate Base, Class 5 Cy 440 4.90 225 $1,102.50 18 Bituminous base course, Type 31 B TN 250 43.80 224.67 $9,840.55 19 Bituminous wear course, Type 41 A TN 125 54.90 125 $6,862.50 20 8612 concrete curb and gutter LF 320 16.70 372 $6,212.40 21 7" concrete driveway pavement SF 450 4.70 450 $2,115.00 22 4" concrete sidewalk SF 100 3.90 115 S448.50 23 Bollard EA 2 151.80 3 $455.40 Total Part 1 - Parking Lot and Storm Sewer $60,619.79 Part 2 - Pond and Outlet Structure 24 Remove Fence and Install Gate LS 1 774.00 1 $774.00 25 Clear and Grub LS 1 4048.00 1 $4,048.00 26 Common excavation (P) LS 1 23994.50 1.4 $33,592.30 27 Topsoil borrow (L V) Cy 250 8.60 125 $1,075.00 28 Bulkhead existing storm sewer EA 2 64.10 2 $128.20 29 Skimmer structure EA 1 1928.10 1 $1,928.10 30 Connect to existing storm manhole EA 1 400.40 1 $400.40 31 15" storm sewer LF 46 35.40 46 $1,628.40 32 4' diameter storm CBMH EA 1 1942.80 1 $1,942.80 33 Class II random riprap Cy 12 68.00 12 $816.00 34 MnDOT Seed Mix 28A AC 0.6 3113.60 0.6 $1,868.16 35 MnDOT Seed Mix 30A AC 0.6 3113.60 1 $3,113.60 Total Part 2 - Pond and Outlet Structure $51,314.96 Alternate #1 .. Water Service 36 Sawing Bituminous Pavement LF 300 3.10 300 $930.00 37 Remove bituminous pavement Sy 85 2.00 85 $170.00 38 3" HOPE water service IF 150 16.30 150 $2,445.00 Total Alternate #1 .. Water Service $3,545.00 Total Part 1 - Parking Lot and Storm Sewer Total Part 2 .. Pond and Outlet Structure Total Alternate #1 .. Water Service $60,619.79 S51,314.96 $3,545.00 Total Work Completed To Date $115,4]9.75 Request #2FinaJ.xls PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE BRA FILE NO. 34-00-125 CONTRACTOR G L CONTRACTING INC CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainage Completed 1 07/15/2000 10/16/00 96,464.51 5,077.08 101,541.59 2 AND FINAL 10/17/2000 06/06/01 19,015.24 115,479.75 Material on Hand Total Payment to Date $115,479.75 Original Contract $101,550.32 RetainaQe Pay No. 2 AND FINAL Change Orders Total Amount Earned $115,479.75 Revised Contract $101,550.32 Request #2Final.xls / / 1 9 I ~J ,j 9. 2 0 C 1 ~l 9: 3 3 PI M~ 2350 GL CONTRAC'flNG l!'\t:. No,0494 ~P. 2/7 J.==~~"'\ % - ~"' lvlINNESOTA Departiment of Revenue VJit~hQlding Affidavit for Contractors . Tills a ffi clB, 'Iii musf be appro'r'ed by the Minnf;$O(~ Deps<1ment of Revenue before the SIBle of Minnesou1j-ior any of /Is subdivIsions cen make finel payrnent 10 conlr~ctors. Ie.., 34 Please typ4' or prinl eJe,)rly. . This wJli b'e your ma;/ing label (or re:l:.Jt71ing Ihe comp1tred form. . ['1t~: "':-p;;;; n~e -.:- - - - - - - ~ - - - -"\ O~;rT>. PhQfl6 t::i[~.: I b .lj, \ Con+,A.C-+lNf9: . I r--r.':} 78-Cj5'';J4 ff,~..:. I Adur953 ' I TOk'!1 comleel ilmlXiOl ~;; I L\3oo WI \\'i)vJ ~ I $ ~53. 'I S l7:~.: I CIty , Slille lip Cod~ . I Amout'l! sri I dI:a . . r::0,~;' '- - jY\e.dHJ 'b:: _ _ (Y\ 1\1 __ _ 5 S3 L{ 0_ ./ $;2 '0, r 8~ . ~ 01- I MitltlUOli W~hol;~;~ rtJ!nbet" MonU"1/'ye~~ wor~ ~9aj1 'b--eO I MOMttl/'yez::r wor~; ended , Cb.~o' t , . O~t- ~ ASo:;t'~ , "'{ ;,,--, -:-, ti~~;~.;"~~, I>r e:jeCI nurn b ~ [ -. --" ,n , Prqfecl ~ eet Ion fi;;:';,:~. .. '.. -.' ... ~'9 ( N ~ Ho €- lcCfI S-hn-m WeL~" -.:t:Jh ~lIeA'l')~,J i:... . r.ii ~'E Prqjec: Ownwr . Adc:ll~ll ' Cny i~;:. CJ~\;~ 0"," i\}€u)' >t\Cp-e. Y.4o I X Iff ON. Ave. Nl ~~t-~!5: DId you hoe"i emptoye~~i work on thIs prqJeC1? ~ rEii 0 No If no. who 01(1 U'lt,work7 f)~;i~t1 S;t'>19 vY\N ZIp cod; ~r- I~J DChecSk~J: :oOnXt't.r~:~_'~oerscrlbes your InvOlvemenl In the prQjecl and 'Win all Information reqUested. r1......fl. h l. Clot w ~~~[~~ 0 Subeonlract":r I ::5:1 conlract~.~ hrr.d you ~'i'l~~~' ,g): PrIme contra.ctor-lf you 5ubconlrllcled out any work on this prqiecl, .all or your subcontractors must filii Ihelr own " :~~~~'~i~'~;2:~ a~;~:~:l~:~:r~~~;:~~ ~~I~:~:~:~:c~r :~~~~~t::~~es~~~~:a~:~;,:~~~;;i~:~~ J~~.~~~:u ~~.-,;,~ Bu!tnt~ nllme . Addrsss CN:ner IOlfi,~r [;:~J ./ ~o..Ko-to.: R.f\)C;; IsCf 5'3 _ 6i5C~I\re. Av-e.. R~mOurJi-) ,n,J t4~ ../ --i:LQ..$:~s\$ehL ' tl.J..lf'7o Qu.iran; Dr-i\J'l",.R~sJ fhN _ I:,~:~.J ~)"'nN 51-6J~ ~rb .q Gt.l.+k.r b~O I W. 150-r"'~ , J Appl ~ \lullf'l (n~ wl~if'- '/\'1le~' ',:'~blorV 1~~50 2erv;1-h ~S, BUrr.JSuill-e. 'I'i\N ~1!~~; ~~~:i f~(_}~ ..,\~' !f~ .G,~~~ ~!~~~~ . I dfJc{IJle Ihlll nU Inlorl':'ltl'IDn I have IlIIsd In on Ihls fgrm Is Iwe aM cCJ.71plli!a lalhe t>CSi or my Ilr.owllld..e BnCl t>;;/jal. I authoriZo the Dt!lU'lfmDnl or Flevenue /0 dI5CI()~ p5r1~ lent imOI'lTlel/on re~ling Ie /hIs pt'Cj~r:I, including S~r1ing wple; of /hi! form. 10 Ill, primo eorur"c/or If I 8m a sutx:om11li:/or, ana to any svttcontrscloH I{ 18m a prlmo C"ontrsctor, tJ.nd to rho ~onlrDctm9 B9f1ncy, ContrllClor's ~.tt:_lure " _ ..lWe OllIe . J' I ~ - c;, -'1- Mall to: MN Depl. of i;.evenue, WllhholcHnSi} DivisIon, Mllil Stsllol1 6610. St. Paul, M Certificate ofComprianc& Based on H,cords or the M'nt~asd.a Department or Revenue, I certl'y thaI the conlr.!clor Who has signed Ihis cerliflCZlle hes fulfIlled Blithe requlremelw, or M/nnaSOle SlZltLl18S 290.92 llnd 290.97 concerning Ihe Wilhholdlng of Minnesota income lall: from wag~s paId lo emplo.i:Jees rel~ling to COh\recl se~jces vvith the Slate of Minnssote end/or its subdivisions. II Depll!'lmc:nr oJ Revenuo "pprov~ Ii' J; G 9 Oilla . I/~ L)~.. ' 2001 J >i':it). No. ~OC013'( (fh:i'. l' /95) 1\f~C"~ on "'C":-'Clrx,: pOD-t:r willi I O~ ~tj"CQ!"I\J""lt' w~.\t' lJ!llng "oy~t)~~ I~, o 7 I 1 9 / ~ ,j u 1 . is. 2 0 0 1~) O.;j~. f. lit 2 :; 5 0 _ 0 6, _ p _ _ _ _ ...... _ 1 ..\.~ ~ 1.1. t": l~t~ 0 4 2 ~ 6 0 : : GL CONTRACTING INC. GL CONTRACTING.INC, I,! r) . 0 L1 q L ~~I 7 / i hv ,v,~u(:. I I ~~. MINNESOTA Dep~lrtment of Revenue Wi~\hho;ding Affidavit for Contractors This Sf(idlJvtl m4f5J t?6 lJ,oprovsd by Ihe MIo'tnfi$Ole DBpFitlmenf Of Revel1.JB Defore th~ 'slate of . Minr'lef.tHo t)r eny of {Is 5ubdiv;1!ons can rrwke final peyment 10 comr8crOfS. 10- 1 34 i):. """_,:' ' ~IE Ef./i ryp; 0,. ptJi'. C1iJ&:[Y, 'Trtfl Y~'J lX you: m.amn~ 1&bt7 tor ;'M~g tts rO.'T~~ fprn. U,.~:~..:. I'r---~._._-----------, ~.:';~~':" I Company nll~ i. . . t?tot.'r.\e phoM ta~: I . fr"~1ni:) En,s;oN IJ f'/54GQ -It; h I:.i~.~.:.~':;.r~~l Ad OJ e 1:1; !. .' . Tl')i.,l ~ortr.6: f & l"!\O!Jr~ :.i.:~...'.l;.~~ .'. '.l~5,l:O "be:!JI'Tff 4ve.. ..1 s . ':33,'50 .:,~:~..'.\I CtL,y 11 ~, sw~ Zip Co~ I Amo;..R'l', Jr:H Cut tJili6 ,_JiU,Ql!,.sl!lLL~..Lh1J_ ~~32-~ $ 505,50 I . Oct-;taoo t.t.oel!\/)"Mr wo" 'n~d ' 9t:..jJl ~{~~'1 It.~...r~~.!,'f .....'~..'._.::. -';k.~',:'~> . . ~ . '4 ~:.. ~ ...~, ..~ ~ . . .,:~~ '~i:"'.';' . W~~l';..\'i:~ .~l \. ~ ~ J , Pi~Pt:\ f1\]1T',t),;:, .. I p~~ I~liqh' '.:. ' J ~SO~;~i. N WJ ~Of~ Cc ., l PlqJgr:i.~h" .' ,";:-''''' - .:' '- 'U_ Aaa;.~s . ',' .... . c:\~ d.~ :fu~' "'Ore., . 01:1 yt)1,1 hCW'l eltJ;2~Yfm: wn en InlJ'Pf<vtc\'f ~ "II 0 No . ~ no, whtl did thi w:tflt'? '3.r+Or trt ~Ct-~,... c~ ~ . .. -:t:"r'n'~ ~ IJ ~ ~~ !latt ~J.p 'O;i~u,' ,'" ... , ':"'--'"" . ~~~~~);; Ch&ck the bo~JtJlrser.d~erlp,s yaur Involvamsrll/n the DrqJ6a ana (1I11~ all }riormlitlot1 requeJted\ .~f 0 S~e'cor:~a~\Or ~~i{ ~ J\lbcgnt~eotor ~~~ir~ lIJ.ma of ;:'we<l,r """'.0 "ired you , . ,~<i.)~1 i__ ~ ,l . ,~..\vtU' ~ \ ~ ~~~. AlIl1l11l1: . ~. M J' " fh,J 5'5;'; 4 0 ~;~~. ~':!';J' 6'~;;;;~-'~~~~~~rf'y;~~~~~~~:}!~~};~ ~ ~: .~: ~oJect, ellO;YC~~:eon~actor5 tnV&\ fil, ~81r own >€'~~~J", ' ", , .1:;,:1 :?ip..1 "l.d.~:~~..~,,~Jil~ .tJ:'~r:! ~!U~!cl by ~11..a ,~~~Brlr\'le-nl or ReV!! nua before yO\.! C8 n file )'OlIl sllld'lV!t.. For !llil~ .I'_~._.';-. '(~;.;.": $U,.beCinU'l~c~or 1)'OiJ had. fin in the info,rmatfon ""6erow-t;~(I.8Uec'fY's"\.topy' Of1n!cli 'WtiOOntr&t:tar:!-:C.rL1.fi9'd.lfe""~4'1<1l' you u."", .J::' \~ need tOOfll ~pl'lee, ISlech tl t>>aparCfe fiihMt. . ~ .,. ~. . ~t:";': ,:'r' i\ ~~ l.::-:,~'.:,\;~\!: :J.:::I.~;'.~'; . 'kj:fi'~. . ..6~:':min ~t1.ill-- _. . . ~Qd:,~~ ~l" ,\O\\~r/Offll:1l! ~ !~~;,~i, ',. ' l' :,:-1.' ~ n~. ~..: . :.. :~; ;~:'... " :"~' :,' .f.;":~;ij. :.....!~. ... .'. -). -.!" · LO:-' J /!. ." ", . . . T .' :;.~ .'.' ';; ,Hlt'"\ '. ~ .: ' ,;' ;' .: ,';T' ~.-....w T" ':'." ... ..~"J '1' · !!~~~.:,.'. . l'~' ,.... ' · '" ',' " ~}'Y':'~"~ . --+-- .' , ,.;..,' .: i~i '~;',' ~'l":-=~-: &~ '.;~~ . ,.' I. ''Ie' i~~.. .~~\.: t\~ ~::; w~;~'.; , ~.- .' - ' ,...'. '~..".' .,' '. .~. . ., , t1te'~rB m~( QI. InfQr;rlffJOn 't !1Dve 'f'Hlid In QM thJllorrn 1$ truG ~nc.1 eomp.ili<f 10 il't8 t~1 of mykrs"Wftdgc. ~",:i b7iil, , ,U1I1~.iJ~.IM .o(1p~rtm~l"';t r:f Rfi Yf1nf.."# b dbc'~. ~ po ~!'t{nc!nr. 1~,tprmaItO" re1al/.'1g ro 'llHi ~qjfCI; Irt{;fiJ01ne tfmdfni eopl~J '" If1i i form, t'1 .th. p,'pr~ ~ CI'\![6~iOf .If j :JTM 5 el...'tcPtllt, cfi:':", G"a to Cf"I)' !l YfJV-:Jj~O!'5 if 118m' pdmQ 'onf(l}~~orl 1M to fM: tcr,tfocfln9 sgt~t:j', Q r ~Ol' '\ tl'~ atJ1' t . / <<' ,I, J ? MaH to; MN . ept. or R.ven\J5I, Withholding .OlvbiQ;.'lJM~lI Su!lion &510, St.' Pel.Jl.MN 5S14S.,eEI1 0 ;1 I . . ~8rtl(lc8te .oJ C::omplia~o.e " :lj:'1-ased on ri:tTdo~bf ,.,,~~ t\.'irme~e Oepsf"trrli'rtl oTRevenu!1 I c.ertlfy 'hat \he eOrltr'actoi Wl"IO hes siOn@d \hl, ce'fHf1ceitc has :l~:-: (lJlrdl~d !lli lhe";e:fjlrem,.rrt~ Of MInnesota S{ahi.e's 290,92' ancj 290.97. conc&r'nin9 the wtthhO~dtn9 -or.Mlnntsota ~-nel.CX . 'i;.t}rfm weg-:e'}?:~Jo t~:t~!!l,~I.~te~S, r-e1~~~t3. ~..~~!~~ ~~.:vic~~ ~Ji~,~ ,~_~, ~'~to of Mlnne)ole. andl~r t~ 5~bdl~jltOnl. . ;~' itf!y(}T . ani'R,r'~cV~ri~~V"m. ~\:e!. ^ JU. . .f.......'i;,.,~ 'g' ~ ,.'/ ........,... ..........-- _.... .... 'D.ftc'" ,......~.I;1':.;~:!~J.:f;~;;-C- -.'~ ...... . " )J.......:.".~ ~(}r~ 1 a q ...t,,,,;.,.... ~,. ,'.. ~/,~' ....~ t~f . . L-. 20ni . "f1;A,/ ~(f4t+.;: :""..:. - -~. :;~.~. It li;;1 j;';)' (. .:~:' :,,:: ~.~ ~ ~r-,~', ..,! . ~b, " ',' ," ."",,' '. ",:.'. " .:. ,.,.. . ..".. , · ., .,.' .,. ~~X\~ ; ~iCO N~ iQQ'O):fs (~1t", ,"\ Ir~~:; ~~'~.;: ~:.;:iF(~:~~ ?: ..~/ rY ~if~~~j:~?) ~{.:~~ ~ :.~ ~.~ l L U .';:~~ ~:;;, ~.:t;~~~:;~~~::,; ;'/:;:. i\;;, !'~~:.~ ~:,~~:\ ~i ' ~S;.~:.~~ ~;' . ~:~:~;'L i;~~;:~;2;~ ~;~ ~~ ~ .1:. 'i" ~~~~; f;::,~;:~~~:c ll}~:;~ ~~~. ~;:~. ~~~~:;, . t'?1!';It'C' 8'n.,,,,,~ye~C',i P1lP-llr;lt\4v...'O~IP::al':P!"'t"b"'IO'_Wl'\H~.rtll~~y"b!~~~.1l1l., . . ,,,... , ,. ~...:'~t: ~ ~l." 41, ~:i _.. ~ _. .....~~ . ..\.r_< :~..,."..;;','.i,~. . ..... ~.~ ~.;_: '.'.::..:....',:'. '';..f;..., .~ ',(' ~.'!:,:;;:'r,.,~I~;:'" ,'u" fJ</~~~~'~ F';\'~~ .::~:""'" ;,E;, ~~:~ t::: u. ,. . - · , : .' ~ ~ .' . _ ' ..' ""');:;:~:':-""" _ ,.... ... ,," .. ._-~: ~.:.. . .. .. _. .' h~' " ...~l'~'~ · t,..~:.. ~ ....... '"~''' t"..~'"r ." ~"l ~ to. . ~ .~ '.. l... /18. -' F ;;: 3 ,L,1'!042350 j/07(~UUl U~:~'f ~^A t~~4Q42350 j\)'~ :!::~~' MINNESOTA Depar:::m'ent of Revenu'e .Witl1holding ffidavit- for Con~ractors, ThIs affid.II,lt musf be approved by th8 Minnesota Department of R~ve"ue b~rore fhe slafe of Minnesou"or eny 01 Its svbcJivlsJoni can'm4ke final payment to conlr,aclors. ~~.~';r~ CMek lha box Iha~Il1B5ctibes your InvolvamerU In the project end (III In ell Informl1t1of1 requested, ~~~jf~, D sore 6anlfaC1tor ~\ f~~; 8 Sub~ntraC{i)r i,'W Name or l:onlrl3di4'r wTtll hire:! you I"" L r~ _ __ ~ ~ '~I _ 4' '.~~dTzr(!A"'1\k1r ~,Add'SSll .4300 W\\\o~ ~\. m~J.it'Jo-(l1"" 55'340 r.;.l.iI..;'.'.i_.F.;........~,..~.:.~.:...~.';...:.~.:.;,;.,~~.~.~.~.~,....1...~.. lJ Prim!! CO"t'~C1oJ-.l1 you !Ubconlr~eled out any work On thIs I'rqJg~: all or your $ubCOnlr.!clo~ muSl fllB their own ~ il:.:~~:.. fC'134 artida-.J!ts 2ind have fhGfIi cerlified by .he ,D~pEnm~nt of Re\tsnus beforft )'eu can fllQyour llffldevll.' For sach ~~~L\'i' s\Jbe.on'raC:lor~fOU h&d,; Iln In lnB Information belOw and ~H8Ch B copy of each iubconlrectorr5 cetllfied JC-134. If you ra:~~' \leeCl more spllce, attach Cl separate sheel. f*iil 6u.Ihl!!'I\Ilt"e. Addle.! ~~~. .' f)~ .~. Lfa si }~.\a ~~.;.T} .j "..--.--' - -.-1-- -,.' ,-- -c. ,- -- - ,- n_ .... ''', .. ...~. ~ -- - ., , f" '\".4\1' L~~'~fi'~' ~~l~}~!;~ ~{'Q ~~,l~..;';{,~. .H~'!;:~:.~." J...~: .~3e;{ : 'Q.r ~~, ~~~ ~~~~~ ':l"! .~;.~. '.1.1. :~I, i , K~;r.~ '< li;w ~v t~:~i;~~i,: ..-----'----: -" ~i" ~7r.>~..: ~, ~ 1.:i....~f:I \ Ir"",._..~. '~;;~.' ='1 ;" ~ " .~ w.;..~ -I~~ " ~,~tJ~:: . _'1';;.'Jj''''''~' l;..r~::l >c\ '-;"'" "" ~~J.$l;l~ F. ~ ~.~ '*. - '. \1:. . ,~,.~r\~ ~~i;f~.,} . ~:I ::(': tT ',.. \1-.. ,/..~( ., ~~a. ...~~ ~r,. GL CONTRACTING iNC. GL CONTRACTI~G INC. · [: 4 {j 4 ,~ IC..1 :S4 Plf:5St?: type .or prini e16:!,tly. This w!J1 be yo;.r ",.,Wng lef>e! (or rell1rn1ng In!: tompleted form. ~---~-------------~ Comp~ny nr,rn! '. Daytrm! ph.one I .()o...\<.9~ ~~~ I (65)1-423-3995 I, Addr."l. · . r Jolal to.....ubCl OfTlOlJ:hl _ I , 5 q .5: \3 i $ C'"-'i ..Ie. f\v-tL I. s I~a 9!':gr5':".~ . .- , - . -'.. .-."f:'^< I CIty . CJ . . Stf't~. Zip Cod" . t ~rn~~r'l.l.!JI!I.t!~e ",...,~.~, ',~'. . \....:.. ~~~~~2~_ rr)::__~5 o~a _"i- '>'l$.f:~f 85, -:" '. >~; J MIM~!Cd:e 1tftlhl"tok'ing'l'''' ID mli1lber 357-8845. Month/year wen.: began "9'-5-00 . Monthl ~Br W~K endE1cJ 6-~3-01 ~MO~b~~ ... t~~~UQ.~IID<1::t\J'~ f'rC1Je::;t ov\lner Addrs,s . ~ C.1'i Did you htl""- Gmploy~'~ork' on lhlt. prQitC\? ~~r"~~~;:" W~4-e.r ~Mivtnt~'-- Cfty SIAlo ZIp c:.od>> O\rYnW / J:l H j cqr f dii:::larc thaI elllnfor:riQlion I oovo tilled In em InJJ ;orm Is l!l~ end l:omp/erG to lhe beFI cf ~ knoWiaC1~11 .nrS tJ.fUill. I "Ull'101Izerhe D~"m{;nl of Revenue 10 dljCI,,~ p..l/llnttnf informatfon re)olln9 fo tn's ptqj({Ct, if1cJLldfl'l~ Stndittg coplei of IhIll farm, fO thaprirne c:onlrar:.tor If I 6.."TJ , .5Ubconlr8C10r, OJ"a "" ~ny '(}bcomt~,,~l)rs f1 / bm' 0 prim~ ~ortt((lelcr, and to fh<' C'ontt"lIi1'l9 ~g~~y, CQ~V et r'$ s.'9n~tLl(' ...... '" . Title 1'\ ' . 'tlf.t'A1 tLhm lthhQldlng O.'v'iSioJ'lf fy'cll SLbll~n6B 10. St. Paul, MN 551 ~ 61 ~ Dafe 6/?Io, , t. ~ t Ce:rtiflc(Jte of. Compilsn'ce Ba~e.d on record! of l"tf 1.,/tinnesots Depanment of Reven\.Je, 1 'etiif~ Ihnt th@ con\r1D.ctor who has signed this ter1Hicate hs~ fulrlHed at! the requirem.eJt\s of MinnfSsola SllltLJtes 290,92 anc1 290.97 concerning thi withholding ~r Mlnne!io'~ lncorne tax from "','ages paId 10 em1:)loyees relaUng to cC?nlrZJc1 ~ervi~~ whh the SltJ'i cf Minnesot(i and/or it$ subdiv;sions. D.. . "Pl.r1gum. t of ~. ~rt'l'r^Pf'~~ l' . .'" 01: Ie I/~~ v~., JUL.1B ""!' ~~nr.l No. 50001.).4 ~HiJ'. 1 ~ I 9i) f'n r"\ t:~ Ct\ r ~ ;r l.l e-C pZl. p let ,-w!.., "l O"X" ~O+l.oC:Dml.rn' L"~ w nl1C; v).h ~ ")C,Y.I'HI v.-~ mt, -_......~,.,.....~ ""-..~'-"'II ........~_~~-...-.~~_ _~__~_____.._-. tl f'Ar.J r S'I~: t:E:-.5ING c..~O_,_U_-r ~ 4, ool ' ~ 'Jl':DJO, -runs: ~~ PM .-~\W.B~~ Mf~WE5OLA Pepartment of Revenue .. ~S' \ LoBc.o -, 300 "athh ing .d~1t for C 't, ars This ~t mU$r "Q "PPf'bwC by t."A Mln~ D~r11'1'1~tt,.F ~nue ~fol'<1 tll~ .stDk' J Mlnne~ or ~DY QE lis ~bdM&iDlI& ccn ~~ ~fl.Ol pgymflm f(J (I;(ltrr;.ctQn. j ;. t..... 1.Ito," L tJ l. i<~ . .:' ':' ,l, ~ J ,,' . \) ,.) l"'i Ili I ~2jl~OOl 16:35 6867300 Pn.1m; a~ ~ &5~~ 'Yc..: J~ ~'..,'.~..,r.;.,.'."~.:J:.:..:....."..., ~l=" ~~. ~~ ~Jr 't1t~~ ~~'~ ~_(p,_~1i tI~ ~l<<l kIm. ~)~11 1 CPr.'\14?Y .~~ P ~IJ~ I~~""'~~'~':"';'~"".,:. ~~L~~i "'~ Y__J L- I 5.') d~-37q5 '--f:j.: \ . _I I ",I'" oCAl'I~ ,"",,,,,n] ~ J L.cCC;> ~ b, " 0. ~ ~-re 2..6Z..!:ij ..1 s: 5" ~J~~'~U J G1~ ~ 2Jp ~ ~ . I AlI'!:,W')' ari t~":f':~~ '" ",,"'''' L.....~~ r""';- s:::6.Z.-, .-.-... -~ J $ J 9~? ,SS- . _ ..... !....~'.J..~--~~~....". --- .- f1! b lic' V.Jr')tkS - Cf~ 4/7 ,. t:i.l.F lIS .-, " -- Ic;.a J 34 JJ~{)). ~~ ,~* ~t (:~ tho ~ t/j:J1 dBaer1bcs your 1tw~/~nf /71 I1ls proSed a"d flil (ll tall Jaflll~ ~lM~. CJ loJe ~t ~~ ~A'T'.D ._'"~ 'Jt'~u hl:t,. y~ CJ II,.. l\~ you svh.=n1~ I:l.IJI on)' wcrk on thJs pro[liICt, cdl t:lf your .5UbcantJtIdcro ml15t. la ,~rr CWtl lea' 34 C!m~1'l ~ h~Q thOi'll esrtlfiad by me Oap:1l1tna1lt of ~8in'''' c..rcw you ~" fils "ilJllr QIf',dav t. Po reach subsa.n1r$tOr yo:r f,Qc;!, filiI" rho rhl'l\CllJoll ~ GIld D!lt:dl Q c:gpy of ecdJ ~lJ~r' ~ 4Q r1lfl=J I .13.4. II. Y"IJ Mad rnQI$ .:Ip;I>=S. l:lfJgd} C1oUJp::1'01JJ ~0IiI1. ~Itl'""" f1"m<<I .6..J,&m \. ~ /9~""p ! ~ ..... I ~r: ~ a!! r,,~l17'O"',1 J ;.- ~1bG in.b't this .:- illl!Je l)IId U>$\p/tm 10 1M ~ tlf (flY ~lJ/J oM bwlie? I CliWJt~ d+ Ps;?'l 11I\"I151l I d ~hIIll Jl:l.~ ~rl/1.B1!1lnfgrms~1I ~ Ite IW p~~, 1tJdudJnQ ~19 aJ~ GJ Jill: fsnn, 1ft Iho: prtro. c:=ail ec:n-' If j '" tllIIor/1:;t; 1'l:Z-W. .r.dIo~~(l~If'ClIl\.pnMe~'~CI~~~' : . I .. . /' '" ~ tHe I aro , _ e:e:n_ . fth9j!" 7- ]q.,Of I 'f\J1lhhol6l'1B Di~ClIl, Mo:>~ ~ 1 ~;~1. ~. gS~~10 I Cartm~ G4 C8mpliance Based r;n ~ of m.e ~ift~ 0e~8,.r Df ~u.o, , ceniiv thot Ihp ~ ~ ROB alsllll1d ltill ~1~ !;os fulfIlled "U ft14t. ~Jf'flffjSn~..ef Ml~/::I SJtilUhl~ 290,9'2 i::t.d 290.97 ~nmmrns Ihl! wr!hhoidlus cf MlMe~;.uC;Qrna ~ fiei'll ~, paUt 10 .l'l'lp~ rQi~iTl6 10 c:cnlt(ICt lIoD~ W'ilt\ Ills lte/lil r:;f MI~rg tJltd/o' ff6 subdrv%~ Vi ~." ..~/.,..' f.$#c1~Z1~Pf" .... . . . JUL 192001 Dt:III '~''<)''~:'-! ( ./u!Jlr~"" r..t;d' 1 " ." ' "", ..,~ . ), S~~ ~=l:M ~ J~ '~~t~'1If!l;B___aos~~~~t.ldL V2'dllnl96~ONnN ?~:I.rl Lil. ALIIO . ~'f??l~?c ~lOS3NNIW ~O 3~N3~ ~lO~~a ~~~~ ,~ " ~ I \1 '. ~~ ," I ' r ..,. \,.,' I .,. \' : 9NIS\f31 :!::!V,LS W~92:8 J002.6t'lnr I J i .j . -. ~ v v ~ \ I 1'\ {}. \.J J. ..L L' \".: J. n \.... . t:, n 'I~! i ~ 0' t) / f:. H H8,HIJDR 1 VE.$ ..;. G:+ L ' L i~l.) ! V ' v.or I llli , No,0494 n ~,/7)4 N( · . :~:~ I P001/001 'i't;~4e~2J:5ra GL CO~7RACTING INC, _98/20/2001 .1.0146 FAX 7e:l40~;..2350 JGJ002/002 ...-. '" ~,~, -.- MINNESOTA DepartrIlent of Revenue. Wit.hKclding Affidavit for ,Contractors This "fl1d$vJt.:;rm&; l7il spprovel3 oy lrut' tv4iM~or~ OQpal1m"l1f tJfR.-wf1l.Hl bQ'~the Etal~ of M(nnesars &i" ett1y or Us SUbC1ivlslol'1J t:lin miJkfJ /if\B1.psyrrutn! IOco"1r8Clor,~ ' ~"..~J ill, 1;,'/ ILl: .".~, " f}~\1!' ,~ · : Jl~t: A.,. l:''!'' . : ~~'l'i. ~..;'t.' "l{" /.... ~i.~t ' ,.} ;/~~.::, · 1'10 t'" . , \I i~'ti ;';~1::~ If~"L! ~~i~:~!:~; -~. ~g:. ~~;; ~~~ ~~ t~~f.!1111~ .( t,"1,-/l)' ...~, DII)I;'1:""~ ~,'. ~l, 1~11 ~;~fj ;t i~~~ ~ ~~~~...l: f.l~:~' 0 , ,I~:l;" .:R,~.~ ~I~;~:~ . h, ;:.~;, lit.:.~;' ~J' 1.1.'." R: ~~}~~: !' . 11~ . r.~,:,'~~: , . ~ . . ~ ... ~I " '.;. ~., ~ tot "\., . r J fl' . J '. ~l:" ~ 'i: -;.J 'i ~:~;' ,: j.;: ;, :~. ~;. .. i: if.} - IC.134 PJ.S~.i2 type tJ! pr;o/ cJ"f{I::'; Tn!: t'rHI bJ5 j'~~ ~rHr19 1~tl'f:1 tg:" r~J.nf)J!lfJ lite ~"hp!el~ tonn. r:. - """- - -- --, ------____-=z;z_, CQmpan1 nl'm;: , I. l:to-r~!:"f"\\'~ I J AdUtft,... I I 1~tf,7'i t;JuIl'tfl.n( h! - I ICY~ ~\I! Z/4)~ I \. - -o:.~ ~ -:., -. J/!!__ -~:3I_ _./ .. .P.twv_~ n~B' ~' 'I fnV'~ ~uon .", . - H "S9et~;:~ ,"Vew \!QfQ.. Cc,q. ~ """0 (-' 'A-k.r ~'f""O\I'emt~ l>1'l!bcll!tlNt.., AdQ/tW CIti!lt$lil :'1.. C:~e c.:;~ ct:':.a Neu,) \J.c;:)~ LlLfol '>1y/~('I'Ptv~ rJ Oid you f'ui"." .m~~ ~r'C1\'.", l~f~ J)~' 0 VIJJ 0 No l1 no.. w~ dId ,,.. ~.,. . II Cneck .he 120)( ,har '\~(IN$ ~ur tnvolveflfrmr In the 'prqJlICIsnd fill in all fnformal/on '1lQ1Je5fed, o 8oJe3ent...a"/~r S S~beon'r.ct~!? Nvi'T'B CI' . Ot'1!ra ctO' L 'W'ho hI te<1 }' otJ G · L. ~"rf'~r..,-t.\ ~ · ~ Y.:30Q \,.\ i \\2~ br ~ IY\eJ\ "'~ Vl'\f\I " SS>3t;:Q Primo C;gntt~lor-tf you Sl1!:>OOnI1~ oul any WQrlnm Itlls projl3Cl. .!III Of your 8ubwnlrac!ol" ml.l&l file liielr Own, IC.134 ilffidavll ~ and hays IMllm eertUlOd by ths O$psrllflen! of Rsve~ Defore you can 'lie YC18 artldsvll. Far eaCl'i wbt:ol1lreaor ~')LI flatS. fill In Ihlll Inform,rion b/JIQW a"d SlIoIIIch Ii c;cPy or each wbc:ol'ltl'Octor's t;Ilf'tlfh:~g Ie, 34, If you need more ,p~ne. &l\lJch ~ ie;:>Eara~'~heeL . 6uJ'~u ~fm~ . Addre~! .-.-0-.-- Ow~~!r:'e'f Arldl'. pt; -- laS<C!Of 6 tn Dt ell j'1(;,.( (l1 U; o/"J f ha \of ~ fill, d I'll pn l#<tlJ fOrm iJ. I'V\') 8fU1 C otrrp flit ~ 10 &1)0 l>-e SI 0' my ;'00 'fit""" e /'Jrr:i bell eJ. J bLJflrof ize f /-to tJt.pa'lmMl C' RtJ"'VflWEJ to cil".fOK: /i}"I:t ~!nMf It':/afTn,,,IOl'l r.!.arrng fa fll', pro}flCf, 'f'lChIOI"l] IOndh'tg c1!Jple1. I)r thl' form.. ttI fhs pt/.1't# eO!R'f8etr1r J/ I emo &vb&OI1lflJt:1or. ~~tO 0'''\Y $fl~lIIJC' in " J I;fTi " ptlmf c:c.'"1fIQ(U:J1',fI"''')o ,I'M! tDf'>traCJirrg tJe<<-"1'C'y~ . lt~c:tcr'. 'tpn'lV(C r;:>- . 'Tn'l '(!fV1WL/ I!IT~ ~, Mrutl for M Oept. et:>Rg enlll, Wirhhaldlno Olvtllot1, MbU St&11QtY 6510. $\j. Pi1ul.MN S~146-6510 ...... OiJte '7-- /7-0/ C.rtificate of Compliance Bl!!,eCl 0'1 recoro!O' 'he .""'ntfSs.OlO Deplif"VTlen.' of Revenue, t c;ertHy 01~{ ~ho t;Qntna.c:\Qf who ha=-sJgnad thUs ccnJl.e8ilc: hat! fulfilled ell ,he teqvirem..~b; of Mll"H'Hi50ltl S.uatwte$ 290, g2' and 2eO, 97concarnlna lha withholding Of MlnftflQl.1:la 1ncome tJ3:( fro", wage~ P~\Cf '0 IImpib)CPE"- reJtJtI"g 10 COnltiJd sarvh;ei wlln lhe Jilale ol fvUnn~ots 8~/or Un wbdivj,lo~. ~~.~fr>~RD"WI!J~ -JUL 19 2001 ~H) "". ';)IOU, Nr.,~onD'~'" lOf~:t/. 1 '/il~J I"rH'ftf"t't IIn '04)r'elpod }7f'Ipm oJ n~ ~O~ ~lc~~'d" '"'~,~.. lri.~ w,,,,J,u~.c-rt Ihll u 7/~ ~ 9..1... ~ ~~19 : :3 L iLJ/~J ~J 5 p." ~ v 06/201 "VUJ, J.U: 4.0 llll 763 -3 Cit 2350 MINNESOTA Depr~;rtment of Revenue Wi1~hholdina Affidavit for Contractors . Th/2 efr~;tavjl must bEl tJpp:~ by the M{nM8~ DliPsnmerlI of #4rl1tJllUe ~fore ~ /tlellt of M/nnl!!~<fra or eny of its !ilbr1lvlslchs ca,., m~lte tiMI &layman! to comrae/Qrs, I ~:}? ;-~ ~"''''''l. r:;~ ' 1"',",0,,, r:, ' ~:,;r 'll~ ~~g, ' H~, . ',~~bb, ' !? . {.~ (J~ , ...'7-. ,II. ",l,~',!,I" ' 111, ",t:,c '... f:j 1 .:r~~~ ~,',",f, '. ~.--t), ,~~ It:~~,l_"i ~ ~.!~ / I, ~.'" :' \ ,\ , ~.t!s~ , · dJ~\~ Y;f"1,~;' ~~t..\;:~ '~":~t. ~.~ ";:~,f' ',;.r., ~j~i ,~,~,~,,!.J::1!' l,7 :.i~' ~ ~~:;.' ~~~ ,~;)~ ' I,~J(Z," .?~ l ;~ ' ':i~ , "f T\, -":, ~~: ~~: ,,', .,~ ~, ".I, "(.~'~, " " ,~ ~~} 8:~r:1.'!} r:~~~~: 1(/' '" f'r r:'~~~/. ~t.~~, t~ .. I ... f, .. \ '..'.l · ~4t'i~1~ Gl:61~ " f:;;Ii'-~~ ~~t... c.-~',,,. ~~. . ,'I j....-' J. ':' GL CONTRAC'rlNG INC. ^ Y 1'\ J.fIH.... R At:,t<'J. L . GL CON'l'tl<c\CTING INC, ip .:.. . c~ J002 14]002 kit '"'\/0/ .. f.:i LCD 1\r.;1 J ' \.' ~."~ ,"'r :;- fOil 1 :sa FluS{: ~ ~ fJflr'l !.;Jasrll" 1M wRi bll YOllr mlJlUng laboi f()r fS1JpT/lflJ,! t~ Ctlmp!eieo Toml. /:.. - ......--1:.-----__ -._-.___'" c.omp.e"y ~IM :" DlYIlfllt phon" I 0')1\1 q~~ Cu.. h .. ~-H~ r- I, ).er. I A.dd l'9U "-. . . ,. 'fellll ('()Ill! MI. tnl>:IIll I ": 14598 GALAXfe AVE.. I s g 8 j City A~U; V~f. MN m~o I \... - - -... -- I,! - - - - - -..... _ _ 4\llIItI:::a _ _ _ J $ 00'"'" '/"r Prq[ecl foalllon N ~ H.o~ 'A,ddrc" b'l, S~~ t.cJcL'i{,.., :t:1Tlp~ve/Y)ew-t. ell)' StBle Zip ~c" NQ I! PD. ~ cr~ tis wort? ~! C h r:ck the 00)( lir,. t desaibllS ,yo LIi ftrvOlvemel1lln the pl'Qiecl and rill In arI infot1r12J/Jon requer.tld. o 501., conU:i;sctor ~. 11...... """ .sa SUbcont.f~~ · Na;;. CJI Clllnr .1~o r I.W> nlr~ ~\I .. 8 .L. ~-\-r:a.~.'H~er AdM!l !,:,: u -: " ~ ' \\ "" \;.II ..-; ~ ~ W ( OuJur-i " ~ ~ ".rr:- fnN 5'~ 3l..f () o Prltne cD~Hrnr;:lor-.lr )IOU &llbccnlr,o!:1.d OUl any WOlf( ClI1 thIs prqJed.. all or your !L1bcontrec:tQri mus~ rue Ihelr own' Ie., 34 alflcjltvils and have them certified by the Depanm."t or RBvehUe befD~ YCl.l C8t'l file your aMCl8Vil. For each 51.1boonLI"lI~f r you Imd. nil 1M Lh e I nforma lIOn below aM aile el1 a copy Dr.l\!l ch sub eonlraClOf s cen med IC.13 4, 'f you need more *~IIt:$" attach 2J separate :JhGltlt, iV$ln:i~ Mmr,...j~i.. Aoare!: Owr<.ttr /Oft! Cl!r l' , il' I' ----.--J 1 : ~ l~ I a(teJiilr(: tIlll/ .11 ~MziJIOn. I no vt nUa.:f In on 1111.: fOrm 4- 'rLlD l;ni1 QOmpl..~ to Ihft be!! of "'lY IuJoWI~~fi and bel/ef. l--"o~ file ~nr or litalorl.,..., to cf"~ Id~n!!11t /nforTmt11C1l ~irrg " Ihrt pn:decI. 1~1t1d1llJl11....uling r>>plfld af IbI4; tbrm. ro IhlP Fn ~lcr IT I am D ~fllr II C:JOr. /!h;1 /t:t srJ)' lll.rbcontA~II;:'r2 If f 1m II FRn~ wrnmo te C:>r.lfii::l~ agency. . Contril=lO/"', slgllal ') ~ I b1- 6 Oa z.tJ:' '0 I Mat! ~: MN De.., 1~r ~l>Vlel!lJ6. W1thtlot lon, Mflll StatiO" 6510, SI, Pll!J1, MN 5514 &<661 0 , .,.J , 'Certlficale of Compllarace B~eo Ol"i recOl'd& g1 rtl::fMirmesoLQ D&PJi!r\m&1l1 or RswenU1:l, I can)()' lheL Lhl ct>nlr~CIQT whol'll!lll Ilgll&d ~ ~.nlncale has fulfilled all lT1Q rEQUlret(~I'1l11! c1 Mtrml!l901.1l Stawlo", 2g0.51~ onCJ ZaO:97 eoncernfng~. WILhhOJOing 01 Mmn\lllQt:, Incl:lme II!'lX from wages I"QId to C:r1;J!l:10Y:C:; re1at1n9 10 COmr21Cl Sen/lc&~ With tn. SUstll of Minne50W 2lnd/Qr 11$ SUDdlVl&lonll. . ,'t'~PJA" '''''''''',C-fll gf Rc"Yt;nue sp;~'w;r( Oi.Jk: t/~ 'I.. JUl 19 2001 $tor;)t Na, .s. 0001 3.., fh,.. 1" In&-; 'Ptl~ c.j\ '1l':l-,)":J1Xli pb~ ~;l" 1QXs pt19~"\ff: ,..-c=JQ U-:'lr'l~ JIilrb..)l;r'C Iflt. CA fi pe ifications for Storm Water Improvements City of ew Hope July, 2000 City Project 0.. 691 File 00 34s00EJ 125 Bonestroo Rosene Anderlik& Associates Engineers & Architects PUBLIC WORKS STORM WATER Th1PROVEMENTS CITY PROJECT NO. 691 Fll..E NO. 34-00-125 NEW HOPE, MINNESOTA 2000 Index Advertisement for Bids Information to Bidders Proposal 01010. 01030. 01040. 01310. 01330. 01400. 01570. 02108. 02225. 02230. 02280. 02312. 02315. 02320. 02515. 02630. 02720. 02740. 02770. 02775. 02830. 02930. 16050. Summary of Wark Alternates Coordination Project Meetings Submittals Quality Control Erosion and Sediment Control Full Depth Reclamation Removals Site Clearing Adjust Miscellaneous Structures Subgrade Preparation Excavation and Fill Trench Excavation and Backfill Water Services. Storm Drainage Aggregate Base Course Plant Mixed Bituminous Pavements Concrete Curb and Gutter Concrete Paving Fence and Bollards Seeding Basic Electrical Materials and Methods Conditions of the Contract 34-00-125 <9 2000 Bonestroo, Rosene, Anderlik & Associates. Inc. PROFESSIONAL CERTIFICATION I-I INDEX PROFESSIONAL CERTIFICATION I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a dul)l Licensed Professional Engineer under the laws of the State of Minnesota. %' r- --;;;-- ~~ Vincent T. Vander Top, . . Date: July 5~ 2000 34-00~ 125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 1-2 Reg. No. 25770 INDEX ADVERTISEMENT FOR BIDS Sealed bids \vill be received by the City of New Hope, Minnesota at the City Hall, at 4401 Xylon Avenue, until!! :00 A.M., C.D.S.T., on Monday, July 17, 2000, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the following: Public Works Storm Water Improvements. City Project No. 691 1,800 SY 300 TN 150 TN 1000 TN 360 LF 850 SF 4,500 CY 650 LF Remove Bituminous Pavement Bituminous Base Course Paving Bituminous Wear Course Paving Aggregate Base (Salvaged and Ne\v) B612 Curb and Gutter Concrete Apron and Sidewalk Common Excavation for Pond Storm Sewer and Drain Pipe Miscellaneous site improvements including grading, restoration, storm sewer structures, and fencing. Plans and specifications, proposal forms and contract documents may be seen at the office of the City Clerk, Ne\v Hope, Minnesota, and at the office of Bonestroo, Rosene, A11derlik & Associates, Inc., ConSlllting Engineers, 2335 W. Trunk Highway 36, St Paul, MN 55113, (651) 636-4600. Each bid shall be accompanied by a bidder's bond naming the City of New Hope as obligee, certified check payable to the Clerk of the City of New Hope or a cash deposit equal to at least fi ve percent (50/0) of the amount of the bid, vvhich shall be forfeited to the City in the event that the bidder fails to enter into a contract. The City Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed 45 days after the date and time set for the opening of bids. No bids may be vvithdrawn for a period of forty-five (45) days after the date and time set for the opening of bids. Payment for the work will be by cash or check. Contractors desiring a copy of the plans and specifications and proposal forms may obtain them from the office of Bonestroo, Roselle, Anderlik & Associates, Inc., upon payment of a non-refundable fee of $35.00. See "Information to Bidders" for plan/specificatioll fee policy. The City Council reserves the right to reject aI1Y and all bids, to waive irregularities and informalities therein and further reserves the right to a\vard the contract to the best interests of the City. 34-00-125 <92000 Bonestroo. Rosene, Anderli.k & Associates. Inc. Daniel Donahue, City Manager City of New Hope, Minnesota ADVERTISEIvlENT FOR BIDS INFOR.t\1A TION TO BIDDERS 1. BID PROPOSAL~ Each planholder has been furnished a specification, plan set and one extra proposal Bids shall be submitted on the separate Proposal Form designate;dUBID COPY". The Proposal containing the bid shall be submitted in a sealed envelope. Requests for Plans and Specifications should clearly state the name of the project beine bid. 2. BRA PLAN AND SPECIFICATION POLICY: 1) Plans and specifications shall only be available ona non-refund.able~ per plan basis, with all contractors and vendors being charged the same. Planholders may obtain more than one set of plans and specifications for the stipu.lated amount, however, all are non-refundable. 2) The amount for the bid package will be stated in the Advertisement for Bids, 3. INDIVIDUAL DRAWINGS ANTI SPECIFICATION SHEETS: Individual drawings and specifications sheets may be purchased at the rate of Five Dollars ($5.00) per sheet of drawings and Twenty-five cents ($0,25) per sheet of specifications for which no reftmd will be made. 4. BID TABULATION: Planholders submitting a bid will be mailed a Bid Tabulation. Plan.holders not submitting a bid may purchase a copy of the Bid Tabulation for Five Dollars (55.00). E1\r:D OF SECTION 1: \bradocs\general\lnfonl'lation to Bidders...99 4/98 ~ :r:,:roo Bidder: r;. L. C~ ,f ~" <--t I n R Anderlik & Address: J c....<-, LV I II LA LV ~ ~ 1 Assodates Engineers & Architects --c ~ \. <- () ;~ 14; tL .~r ] y'(l ,)1- Total Base Bid: /L"C '-i ~---[:' - Tele hone No. 76 1-<{7F --C( ~27 Fax No. 71:: 1 ~fc y -;;. 1. C-C PROPOSAL PUBLIC WORKS STORM WATER IMPROVEMENTS FILE NO. 34-00-125 NEW HOPE, IvllNNESOTA 2000 Opening Time: 11:00 A.M., C.D.S.T. Opening Date: Mondav. Julv 17. 2000 Honorable City Council City of New Hope 4401 Xylon Ave North New Hope, NIN 55428-4898 Dear Council Members: The undersigned, being familiar with your local conditions, having made the field inspection and investigations deemed necessary, having studied the drawings and specifications for the work including Addenda Nos. ----- and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, tools, materials, skills, equipment, and all else necessary to completely construct the project in accordance with the drawings and specifications on file with you and Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36, St Paul, Minnesota 55113, as follows: No. 2 3 4 5 6 3400 125pro.xls Item Units Qty Unit Price Total Price Part 1 · Parking Lot and Storm Sewer J~ 1,'8'" 6 0 eO - Sawing Bituminous Pavement LF 600 $ $ j e-=.. t:'O Remove bituminous pavement SY 200 $ $ 1j DO -- Remove concrete pavement Sy 95 $ <i['3- $ 7f.Cj ~ qJO C:(:! f!),e - Remove concrete curb and gutter LF 310 $ J- $ ) r'.:z~ Lf t;: 6 ~~ Salvage and reinstall chain link fence LF 30 $ ~- $ ,J 7 ~ a~ DC Remove and Replace Concrete Gutters at EA 2$ $ S-S6 --- Roof Drains PoOl No. Item Units Qty Unit Price Total Price ;-IS- <::'1' / ~?Cl - 7 Reclaim bituminous pavement ~ n6,- $ I C"' Sy 1,300 $ ~ ;;. I L~ 6 c: I . (. /0 Ire"' ]~ c,~ 8 Common excavation (CV) Cy 300 $ It' -~ $ - 9 Topsoil borrow (LV) CY 10 $ ~G~ $ r6 c~ ~ ~ 10 12" stonn sewer LF 75 $ ~ J ,..!:- $ I, ~;2-- f.;Jr-7~ Ge 11 15ft stonn sewer LF 338 $ $ ~I 6 ~ 6 -- , 12 611 roof drain LF 180 $ 1;1 ye $ ;} I 1 C'I./- to ~ 13 4' diameter storm CBMH EA 2$ J, -S- 6' d. <:-.=: $ 3 J;}V o.!. I 14 Connect to existing catch basin EA 1 $ 4 (Jo &.fO $ 4 Do 4 E. 15 27" Diameter catch basin EA 1 $ 7Y~~ $ --, F-~ ~ 62c eo 16 Aggregate base, Class 5 TN 100 $ / - $ /, 6;).D ~ 1jCf!- 6JJ 1S-6 c!)c 17 Salvage Aggregate Base, Class 5 Cy 440$ - $ '-I J~~ ce;/Oq 18 Bituminous base course, Type 31B ~8'l ;- /' .~'C TN 250 $ .. $ _m. ) 8([.~ ~_r:'f~ 0 27=117 :s:~ llc 6( 't'6;L : 19 Bituminous wear course, Type 41A TN 125 $ ~-ij ~C $ 20 B612 concrete curb and gutter LF 320 $ I 6 7-=: $ ~ J tj'l c,.::. 21 7" concrete driveway pavement SF 450 $ II 73- $ .a II ~ e~ / 22 4 II concrete sidewalk SF 100 $ JC!.!- $ :J1 t:; o~ 23 Bollard EA 2$ 1 ~/lf:'- $ ;JOJ 63- 61 S-C~ ::::- :)~2 ~e 24 Loop detector LS 1 $ -- $ Total Part 1 ... Parking Lot and Stonn Sewer $~ ()G~ , #Si?' q 0200 / --- Part 2 · Pond and Outlet Structure 00 7/Lf~ 25 Remove Fence and Install Gate LS 1 $ 7 7Y --- $ 26 Clear and Grub LS 1 $ if L'LJ 0 d~ 1-/ () <<-(6" :::- I $ 3400 12Spro.x.ls P-2 No. Item Units Qty Unit Price Total Price S-0 -2J, c11y ~ 27 Common excavation (P) LS 1 $ ,;1 5/ ci11f -$ '!~~ OJ'r-(' ec.... 28 Topsoil borrow (L V) Cy 250 $ --- $ 29 Bulkhead existing storm sewer EA 2$ ? tj~ '3- $ J ;) ~ :z--=. 30 Skimmer structure EA 1 $ I, 1;2 ~1Q.. $ /} Cj J Y' l :- 31 Connect to existing manhole EA 1 $ L) tx:J 'i ~ $ 1f /lo '-13- 32 15" stann sewer LF 46 $ :5:~ ~ $ /, 6)'% ::- 33 41 diameter storm CBNrH EA 1 $ Iq~:J 'i~ $ /; 1<-/,) 15~ 34 Class II random riprap Cy 12 $ 6 g- 0 :::.. $ ~ / /:. tS:::... b" !,~6g'b 35 MnDOT Seed Mix 28A AC 0.6 $ .J1 II,] - $ 36 MnDOT Seed Mix 30A AC 0.6 $ S, /I,) ~ $ ! I "'F 6 "g !.!- $ 4 I, :it{- 6 ,2- Total Part 2 - Pond and Outlet Structure ---. ~ Total Part 1 - Parking Lot and Storm Sewer $ r g--/1 ():J bO Total Part 2 - Pond and Outlet Structure $ .L/ ~ s <-;6 /2- Total Base Bid $ ! DO, 'f:s;D ~ Alternate #1 · Water Service 10 91. eo 37 Sawing Bituminous Pavement LF 300 $ ~1 -- $ _ C] -. .. t;:' c /70 t:"'C- 38 Remove bituminous pavement Sy 85 $ ;)- $ - Ie II S-CJ / S-c 39 Bituminous base course, Type 31B TN 15 $ / {)c; - - $ 40 Bituminous wear course, Type 41A TN 7$ 1]3~ $ Cl'S<3 ~~ If~ -r-Ct 0 41 311 HOPE water service LF 150 $ $ j, l.f '-} - Total Alternate #1 - Water Service $ ~9FOJ-=- 3400 I 25pro.xls P..3 I The final amount of the contract shall be determined by multiplying the final measured quantities of the various items actually constructed and installed by the unit prices therefor, in the manner prescribed in the specifications. However, the low bidder shall be detennined by adding the sums resulting from multiplying the quantities stated by the unit prices bid therefor. Accomp~ bid is a bidder's bond, certified check, or cash deposit in the amount of $ , which is at least five percent (5%) of the amount of my/our bid made payable to the Owner, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen (15) days after its submittal to melus. In submitting this bid, it is understood that the Owner retains the right to reject any and all bids and to waive irregularities and information therein and to award the contract to the best interests of the Owner. In submitting this bid, it is understood that payment will be by cash or check. It is understood that bids may not be withdrawn for a period of 45 days after the date and time set for the opening of bids. It is understood that the Owner reserves the right to retain the certified check or bond on the three' lowest bidders as determined by the Owner for a period not to exceed 45 days after the date set for the opening of bids. Respectfully submitted, (A Corporation) (An Individual) (A Partnership) p~ Title ~~L'~[) ~/~~~~6VU Printed Name of Signer 3400125 pro.xIs P..4 SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.01 PROJECT DESCRIPTION A. Contractor shall supply all labor, materials, transportation, apparatus, equipment and services required to provide the general c.onstruction for all items described in the plans and specifications. B. The project is located at 5500 International Parkway in New Hope, Minnesota. C. Requirements of sections in Division 0 and Division 1 extend and apply to all work and material supplied by contractor, subcontractors, material Sllppliers and shall be included as a part of each section of this specification. 1.02 DIVISION OF CONTRACT A. The general contractor shall be the prime coordinator of the work and their schedule and progress shall govern the work of other contractors and subcontractors. The general contractor shall notify their subcontractors and other contractors \vit11in a reasonable time of phases or items of the work requiring the incorporation of their work. The subcontractors and other contractors shall, after SllCh notification and within a reasonable time, proceed with the furnishing, installation, laying Ollt or incorporation of their work~ so as not to .delay or ilnpede the general contractor or job progress. 1.03 \VORK UNDER SEPARATE CONTRACTS A. The Owner retains the option of issuing separate contracts for other work 111 connection with the project. 1.04 OWNER A. The City of New Hope is designated as the Owner. 1.05 ENGlNEER A. Bonestroo, Rosene, Anderlik & Associates, Inc., 18 designated as the Engineer / Archi teet. 34-00-125 @ 2000 Bonestroo. Rosene, Anderlik & Associates, Inc. 01010-1 SUivlMAR Y OF V\'ORK B. Contact Person: Vince Vander Top, Phone No. 651-604-4790 Pager No. 612-510-3681 Cellular No. 612-805-8255 1.06 LAYOUT A. The general contractor shall lay out all work. This layout shall be for the use of all trades. Each subcontractor shall then layout their own work and be responsible for any damages to their work or that of others occasioned by their errors or failure to check properly alld verify all measurements. B. Subcontractors for all phases of the work are responsible for layout of t11eir work, and they shall base their layout on the \vork lines established by the general contractor, 1.07 EXAMINATION OF THE SITE A. It is required and expected that each contractor, before submitting a proposal for \vork required under this specification, shall visit the site, make a thorough examination of existing conditions, take all necessary measurements, and thoroughly familiarize hinlself \vith all existing conditions and all of the limitations pertaining to tile work herein contemplated. B. No additional compensation will be allowed because of the contractor's misunderstanding as to the amount of work involved or their lack of knowledge of any of the conditions pertainillg to the work based on their failure to make examination of the site. C. The submission of a proposal shall be considered assurance that the contractor has visited the site and made a thorough examination of conditions and limitations. 1.08 EX..A.l\1INATIONOF THE DOCUMENTS A. Extent of specifications and dra\vings defining \vork to be performed under this project are listed in the Table of Contents and List of Dra\vings, respectively, and any addenda subseqllently issued amending those sections. It is the bidder's sole responsibility to verify that they have received all sheets of drawings and specifications. No claim for additional compensation will be allowed due to lack of complete information at time of bid. B. It is expected that in the event that any of these specifications are not clear or if there are any discrepancies, these will be brought tothe attention of the Engineer prior to submission of bids and a decision in writing will be rendered as soon as possible. 34.00.125 @ 2000 Bonestroo~ Rosene, Allderlik & Associates. Inc. 01010-2 SUMMARY OF \VORK C. The Divisions 2 through 16 primarily apply to the various trade divisions, but contractor and all subcontractors shall be bound to the information and requirements of the complete set of specifications. Mention or indication of extent of work under any \vork Division or Specification Section is done only for the convenience of contractor and shall not be construed as describing all work required under that Division or Section, nor establishing any trade or jurisdictional requirements. 1.09 CONTRACT PERIOD A. Award Date: The City Council \vill consider bids at the July 24, 2000 Council meeting. The Contract could be awarded at the July 24 meeting. B. Start Date: The Contractor shall not commence work until the Owner has issued a "Notice to Proceed". This notice shall be issued \vhen execution of the contract documents has been completed. The Contractor can aSSUlne that they will have copies of the contract documents within three days after the c.ontract avvard. The Contractor shall have no more than five working days to complete tlleir processing of the contract documents. The City attorney's office review of the contract documents shall take no more than t\VO days. 1. The pond construction can begin inlmediately after the contracts are approved and a preconstruction meeting is held. 2. The parking lot construction must be coordinated \vith improvements inside the Public \Varks garage. The improvelnents will be constructed by others. Refer to section 01040. The Contractor should assume an early start date of i\.ugust 7, 2000 for the parking lot and storm sewer construction. C. Completion Date: All \vork including seeding and restoration must be completed by October 6, 2000. 1.10 LIQlJIDATED DAMAGES A. If completion dates are not met, liquidated damages, as specified in the Supplementary Conditions, shall be as follo\vs. Refer also to Sections 3 and 11.4 of the "Conditions of the Contract". 1. One Hundred Dollars ($100.00) per calendar day for each completion date missed. 2. Liquidated damages will remain in effect for each con1pletion date until t11e work under the respective phase is completed. 1.11 SEQlJENCE OF WORK/OWNER occup At"\JCY A. The general sequence of \vork shall be at the option of the contractors, except as outlined in Section 01040 and subject to the approval of the Engineer and the Owner. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates. Ine. 01010-3 SU!\1I'v1ARY OF \VORK However, \\lork shall be carried on simultaneously at as man)' points as will, in the judgement of the Engineer and Owner, enable the work to be completed within the prescribed timea 1.12 ",TORKING HOURS A. All \;york shall be accomplished between the hours of 7:00 A.M. and 9:00 P.M. Monday through Friday, and 9:00 A.M. to 7:00 P.M. on Saturday. No construction activity will be permitted on Sundays or Holidays unless necessitated by an emergency or authorized in writing by the Owner or its representative. The Contractor Inust comply with all City ordinances to construct this project. 1.13 COLD WEATHER CONSTRUCTION A. Specific items such as concrete and bituminous have temperature constraints for constluction. Any heating or protection required for construction shall be incidental to the project No additional payment will be made by the Owner. PART 2 - PRODUCTS Not Used. PART 3 -EXECUTION 3.01 MEASURElVIENT AND PAYMENT Not Used. END OF SECTION 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates. Inc. 01010-4 SUrvUvlARY OF \VORK SECTION 01040 COORDINATION PART 1 - GENERAL 1.01 SECTION INCLUDES A.General requirements for overall project coordination. 1.02 RELATED SECTIONS A. General Conditions, Supplemental Conditions, Conditions of the Contract and Division 1 sections apply to the vlork of this section. 1.03 SlJBMITTALS A. List of Subcontractors. B. Construction sclledule. 1.04 GENERAL A. Coordinate work with the Owner's operating personnel to minimize interruptions to tIle Public \V orksoperation. B. Do not operate valves or eqllipn1ent vvithout OVvner's permission. C. Coordinate all \vork and Subcontractors to avoid delays in construction progress. 1.05 COORDINATION WITH OTHER PROJECTS A. The City of Nevv Hope recently awarded a contract for improvements to the Public Works Building. The improvements include an addition on the south side of the building and improvements inside the building/garage. B. City vehicles CUITently access the "Backyard" (the east side of the property) and the "Garage" at the south side of the building. The vehicles exit the Backyard and Garage at the north side of the building. Public Warks vehicles access the property during normal working hours except during emergency. Police Department vehicles access the property for fuel during all hOllrs. C. It is anticipated that improvements under this project and under the Building Project 'Vvill restrict access to the building as follovvs: 34-00-125 @ 2000 Bonestroo. Rosene, Anderlik & Associates, Inc. 01040-1 COORDINATION 1. Both ingress and egress traffic to the property wi}l be restricted to one side at a time during construction. The other side will be closed for construction activity. 2. The north garage door and north gate to the backyard will be closed to traffic from August 7,2000 to September 5,2000. a. When the north garage door and north gate are closed, the Contractor \vill be able to occupy the site and complete removals, storm se\ver, and aggregate improvements. b. During this period others will complete improvements inside the building by the north garage door including the replacement of the garage floor. .L~ccess will be required by this contractor for removals and deliveries such as ready-nux trucks. 3. It is anticipated that the interior improvements by the north door will be completed by September 5, 2000. At that time interior improvements by others \vill begin by the south garage door. Access to the garage and backyard will then be required on the north side. September 5, 2000 is the anticipated date for the access s\vitch; however, if interior improvements are completed prior to this time, access may be switched earlier. If interior improvements are completed after this time access \\'ill be switched later. 4. During periods when access is required on the north side, the Contractor shall be responsible for lnaintaining access. Access may be closed for short periods for the construction of bitumi110Us pavement. The timing of these periods Inust be coordinate with the City Representati ve~ 1.05 UTILITIES A. Verify location of all existing utilities prior to construction. B. All kno\vn existing utilities are shown on the plan in a general way only and the O\vner does not warrant the exact location. It s11a11 be the contractor's responsibility to verify all existing utilities and to check \vith utility companies prior to starting work. The Contractor shall also be responsible for taking all necessary precautions to prevent damage to existing utility lines. The crossing, relocation, removal, shoring, compaction and other protective procedures necessary to protect the utilities shall be considered incidental to the project. c. All utility construction costs incurred by private Owners (NSP, Minnegasco, US West, Media One) which are the responsibility of the City of New Hope shall be billed directly to the City without mark-up by the Contractor. 34-00-125 @ 2000 BonestroQ, Rosene, Anderlik & Associates, Inc. 01040-2 COORDINATION 1.06 CONSTRUCTION INSPECTION A. The Contractor is hereby informed that a construction inspector will be made available to the project. The construction inspector will be a liaison bet\:veen the E-ngineer and the Contractor. The constluction i11spector will assist the Project Engineer in confirming that the project is completed in accordance with approved plans, specifications and the contract documents. B. The construction inspector will generally be present at the project site during significant construction activity and/or installations. The construction inspector will be authorized to inspect each part or all of the work completed and all of the materiais supplied or furnished for the project C. The construction inspector will notify the project engineer, and document in writing, failures of work or materials to conform with approved plans and specifications. The inspector will have the authority to reject unacceptable materials, and will make recommendations to the project engineer regarding the rejectio11 of any work determined to be unacceptable. The Engineer or hislher agent shall be allowed access to all parts of the work, and shall be furnished \vith such information and assistance frOITI tIle Contractor to make inspections. D. Contractor shall notify Engineer at least 24 hours prior to significant construction activity and/or installations to allow scheduling of construction inspector. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION 34-00-125 @ 2000 Bonestroo, Rose.ne. Al1derlik & Associates. Inc. 01040-3 COORD1'JA TION SECTION 01310 PROJECT MEETINGS PART 1 - GE:N~RAL 1.01 PRECONSTRUCTION MEETING A. A preconstluction meeting will be scheduled within five days after receipt of signed contract documents. B. Attendance by Contractor's authorized representatives and all major subcontractors will be required. The Engineer, Inspector, and Owner's Representative 'A-,ill attend. c. The Contractor shall submit a written \vork schedule at the preconstluction meeting. 1.02 PROGRESS MEETINGS A. Progress meetings may be scheduled by the Engineer. Attendance by the Contractor and key Subcontractors will be required. A minimum 24 hour notice \vill be given for all meetings. B. Persons designated by the Contractor to attend and participate in the project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the project meetings. c. Subcontractors, material suppliers, and others may be invited to attend project meetings in vlhich their aspects of work are involved. END OF SECTION 34~OO~ 125 @ 2000 Bonestroo, Rosene, Anderlik & Associates~ Inc. PROJECT !vlEETINGS SECTION 01330 SUBMITT ALS p ART 1 - GEl\TERAL 1.01 PROGRESS SCHEDULE A. Prepare and Sllblnit an estimated progress schedule for the work prior to the preconstruction meeting. B. Maintain one copy of the progress schedule at the job site. C. During construction revise the progress schedule as necessary to conform to the current staulS of the \-vork. Submit revised copies of the progress schedule, as required. 1.02 SlJBCONTRACTOR LIST A. Prepare and submit a complete list of all subcontractors. Include tIle subcontractors l1ame, address, telephone number, and contact person. Submit after award of contract and before preconstruction meeting. 1.03 SUBMITTi\L LIST A. Prepare and sublnit a complete and comprehensive schedule of all submittals anticipated to be made during the project. B. Include a list of eac11 item for \vhich contractors drawings, shop drawings, product data, samples, gllarantees,or other types of submittals are required. 1.04 SHOP DRAvVINGS Ai"\TD PRODUCT D.t\TA A. Submit fi ve copies of shop drawings and product data required. Three copies \vill be retained and t\VO copies will be returned to the contractor. Sllbmit a reproducible sepia of all drawings larger than 11" x 17". B. Shop drawings and product data shall be submitted with the contractor's stamp of approval. Shop dra\vings and product data submitted without this st31np will not be reviewed and will be returned to the contractor for their approval and resubmission. C. Shop drawings and product data shall be clearly identified as to project, contractor, manufacturer, specification section and item submitted. Any Sllbstitutions or deviations from the requirements of the contract dOCllments shall be noted in \vriting. 34-00-125 @ 2000 Bonestroo, Rosenel Anderlik & Associates. Inc. 01330-1 SUB ivlIIT ALS D. Make all shop drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the work. E. Clearly mark each copy of product data to identify information being sllbmitted and delete information which does not apply. Suppiement standard information as necessary. Show dimensions and other selected characteristics. F. Maintain one copy of approved shop drawings and product data at the site with the record drawings. 1.05 TEST REPORTS A. Submit three copies of all inspections, tests and approvals required in the contract documents~ 1.06 PAYMENT A. Payment for all submittals shall be incidental to the cost of the project END OF SECTION 34-00-125 @ 2000 Bonestroo. Rosene, Anderlik & Associates. Inc. 01330-2 SUB!\1ITI ALS SECTION 01400 QUALITY CONTROL PART 1- GENERAL 1.01 TESTING LABORATORY SERVICES A. Cooperate with the O\vner's selected testing laboratory and all others responsible for testing and inspecting the work. B. The Owner \vill pay for initial testing services. c. When the initial tests indicate noncompliance \vith the contract dOClilnents, all subsequent retesting shall be perforll1ed by the same testing agency and the costs for retestiI1g shall be paid by the contractor. 1.02 TESTING STANDARDS A. Tests shall be provided and accomplished in accordance vvith the standard used as the reference for the particular material or product, llnless other test methods or criterion are specified. ill the absence of a reference standard, tests shall be accolnplished in accordance with applicable ASTM Standards of Test Methods. 1.03 QU_ALIFICATION TESTING A. In addition to tests specified, should the contractor propose a product, material, method of assembl)! that is of unkno\vn quality to the Engineer, the Engineer may require and order suitable tests to establish a basis for acceptance or rejection. Such tests \vill be paid for by the contractor, or by the subcontractor requesting approval. 11 Standard 11 test reports or reports on "similar" material will not be accepted. B. The Owner and Engineer reserve the right to require certification or ot11er proof that the material, assembly, equipnlent or other product proposed to be furnished for this project is in compliance with any test or standard called for. The certificate shall be signed by a representative of the independent testing laboratory or a responsible official of the firm supplying the product, as acceptable to the Owner and Engineer. The certificate shall be a s\vorn statement and s11a11 be notarized. c. Any tests required to qualify the contractor or any of their workmen for any phase of the work, and any test of a n1ethod, system or equipment that may be required by specification or law to qualify the item lIse, shall be made or talcen without cost to the Owner or Engineer. 34-00~ 125 @ 2000 Bonestroo, Rosene. Anderlik & Associates. Inc. 01400-1 QUALITY CONTROL 1.04 INSPECTIONS A. Should specifications, Engineer1s instructions, laws, ordinances, or any public authority require any work to be inspected or approved, contractor shall give timely notice of its readiness for inspection and a reasonable date fixed for such inspection. If any work should be covered up without appro"val or consent of approving agency, or Engineer, it must be uncovered for examination at contractor's expense. EI\TD OF SECTION 34-00-125 @ 2000 Bonestroo. Rosene. Anderlik & Associates, Inc. 01400-2 QUALITY CONTROL SECTION 01570 EROSION AND SEDIMENT CONTROL PART 1 - GENERAL 1.01 SECTION INCLlJDES A. This work shall consist of temporary measures to control soil erosion and sedimentation throughout the duration of all phases of work in accordance ,vith the design and details indicated on the plans and approved in the C011tract. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction; 1988 Edition and the Sllpplemental Specification dated May 2, 1994 (MllDOT Spec): 1. Section 2573 - Telnporary Erosion ControL B. American Society for Testing and J.\.1aterials (ASTIvl): 1. ASTM D4355 - Test I\1ethod for Deterioration of Geotextiles from Exposure to Ultra. 2. AST1vl D4491 - Test Methods for y\T ater Pelmeability of Geotextiles by Permrnitivity. 3. ASTM D4632 - Test Method for Grab Breaking Load and Elongatioll of Geotextiles. 1.03 SYSTEM DESCRIPTION A. T'his v.;ork shall consist of temporary measures to control soil erosion and sedimentation throughout the duration of all phases of \vork in accordance \vith the design and details indicated on the plans and approved in the contract. B. Temporary erosion controls are short lived devices such as straw bale structures, silt curtains, sediment traps or other means to temporarily protect the over-all work prior to the installation of permanent erosion COlltrols or to supplement the permanent measures. C. It shall include furnishing, installing and Inaintaining erosion or sediment control devices as required in the Plans or as directed by the Engineer. D. Dl.lst control may be required to prevent dust from drifting to adjacent areas. Use \vater to control dust if requested by the Engineer orO\vner. 34-00-125 @ 2000 Bonestroo, Rosene. Anderlik & Associates, Inc. 01570-1 EROSION AND SEDL.\-IENT CONTROL 1.04 MAINTENANCE A. Contractor is responsible for clean up of any erosion of sediment that may occur - including street sweeping of mud and debris tracked from the site. B. Contractor is responsible for the maintenance and cleaning of all temporary erosion control devices. C. Contractor shall inspect all silt fences imme.diately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. When sediment deposits reach approximately one-half the height of the silt fence, the sediment shall either be replaced or a second silt fence installed. D. The Contractor shall inspect and repair any general washouts that occur as a result of the grading or construction. Restoration shall consist of both grade repair and turt reestablishment. . E. The Contractor shall inspect pipe crossings or slope drains after each rainfall that produces runoff. Any needed repairs shall be made promptly. The slope drain shall not be crossed by construction equipmellt. The apron shall be inspected periodically to check for scour. Any needed repairs shall be made promptly to prevent further damage. F. The Contractor shall inspect installed diversion mounds after all significant runoff events. Any damage shall be repaired promptly. Sediment shall be relTIoved frOIn the channel and restoration lllade as necessary. 1.05 SEQUENCThIG Al\TD SCHEDULThIG A. General: 1. The Contractor shall submit for approval, the plan of operations required for accomplishing temporary and permanent erosion control. 2. hlstallation of temporary erosion and sedimentation control measures shall be coordinated with all phases of work. The Contractor shall complete grading, finishillg, and installation of permanent or temporary erosion controls on a section-by-section basis. He shall also establish permanent turf in accordance with Section 02920 - LAWNS AND GRASSES to prevent excessive soil erosion. B. Install silt fence and bale checks prior to starting any construction operations, which might cause any sedimentation or siltation. c. Silt fence shall be removed, as determined by the Engineer, after the slopes and ditches have been stabilized and turf developed to the extent that future erosion is 34-00-125 @ 2000 Bonestroo, Rosene. Anderlik & Associates. Inc. 01570-2 EROSION AND SEDL\1ENT CONTROL unlikely. IYlaterials remaining after removal shall become the property of the Contractor and shall be disposed of off the construction site. PART 2 - PRODUCTS 2.01 SILT FENCE A. Geotextile Fabric: Either \voven or non-woven polyester, polypropylene, stabilized nylon, polyethylene or polyvinylidene chioride. 1. C.riteria: I Property I Test Method I Minimum Requirement I -- Grab Strength* ASTM-D-4632 100 Ibs Elongation * ASTM-D-4632 150/0 min. to 50% max. at 45 Ibs Pennitivity i\STM -D-4491 0.01 see Equivalent Opening Size CW-02215-77 20 to 50 (coarse soils)** 50 to 140 (fine soils)** Width 36 inches Ultraviolet Resistance ASTIvl-D-4355 90% * 12" per min. strain rate Coarse soils \vith less than 50 percent of the particles passing through a #200 sieve, fine soils with greater than 50 percent of the particles passing through a #200 sieve. ** The Contractor shall furnish the Engineer, at the time of delivery of the geotextile fabric, a manufacturer's Certificate of Compliance that the geotextile fabric as furnished meets the above reqllirernents. 2. The geotextile fabric shall be furnished in a wrapping, which will protect the fabric from ultraviolet radiation and from abrasion due to shipping and hauling. The geotextile is to be kept dry until installed. B. Posts: 2-inch by 2-inch diameter wood posts or standard steel fence posts \veighing not less than 1.33 pounds per lineal foot, with a minimum lengtll of 30 inches plus burial depth. 34-00-125 @ 2000 Bonestroo. Rosene, Anderlik & Associates. Inc. 01570-3 EROSION AND SEDI1vlENT CONTROL PART 3 - EXECUTION 3.01 INSTALLATION A. Silt Fence: 1. Silt fence shall be erected prior to starting any construction operation, which might cause any sedimentation or siltation to be carried a\vay from the project site. Silt fence shall be installed on the contour and constructed so tllat flow cannot bypass the ends. If the silt fence is longer than 600 feet, it shall be constructed in separate independent units, with each unit having a length less than 600 feet. 2. Silt fences may be constructed with or without supporting fences such as snow fellces or wire mesh fences. If support fences are included, they shall be strong ellough to withstand the load from ponded water and trapped sediment. The support posts shall be spaced at 8 feet or less, and shall be driven at least 2 feet into the ground. 3. When a silt fence is installed without a supporting fence, the posts shall be spaced at 4 feet or less and be placed or driven at least 30 inches into the ground. 4. For all installations, the fabric shall be anchored in a trench dug on the up- slope side of the posts. The trench should be at least 6 inches deep and 6 inches wide. The fabric shall be laid in the trench, which is backfilled and compacted. 5. The filter fabric shall be furnished in a continuous roll to avoid splices. When a splice cannot be avoided, it shall be made at a fence post. The fabric shall be overlapped 6 inches, folded over and securely fastened. 6. All silt fences shall be inspected immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be Inade immediately. When sediment deposits reach approximately one-half the height of t~e silt fence, the sediment sllall either be replaced or a second silt fence installed. 7. Silt fence shall be removed, as determined by the Engineer, after the slopes and ditches have been stabilized and turf developed to the extent that future erosion is unlikely. Materials remaining after removal shall become the property of the contractor and shall be disposed of off the construction site. 3.04 ME AS URE 1\1E NT AND PAYMENT A. Payment for silt fence shall be on a lineal foot basis. END OF SECTION 34-00-125 @ 2000 Bonestroo. Rosene, Anderlik & Associates. Inc. 01570-4 EROSION AND SEDHvlENT CONTROL 02108. FULL DEPTH RECLAlvIATION Specific and General Requirements 2108.1. DESCRIPTION: Under these project specifications the existing bituminous sutfacing and a portion of the existing base material will be reclaimed and the material will be used in the parking lot reconstruction process as aggregate backfill material. 2108.3. CONSTRUCTION REQUIREMENTS: This work shall consist of the creation of a stabilized base course composed of a mixture of the existing bituminous pavement and some existillg subgrade material. The manufacture of the stabilized base course shall be done by reclamation equipment that pul\'erizes and blends the existing pavement and sub grade materials in place. The process which results in a stabilized base course, shall be accomplished in accordance \vith these specifications and conform to the lines and grades shown on the plans as established by the Engineer. At the time tIle Proposal is submitted for this work the Contractor shall specify the equipment to be used for the reclamation process. Contractors are required to state make, model and year of the machine they will use for this process. The equipment used must be hydrostatically driven \vith pneumatic tires, have cOlnputerized controls, and must be capable of cutting up to a 16 inch depth in one pass. The depth of pavelnent to be reclaimed is anticipated to be about 3 to 4 inches. TIle depth of the existing aggregate is anticipated to be 12 inches. The depth to be reclaimed is anticipated to be 8 to 10 inches. The pulverized n1aterial shall conform to the following gradation for salvaged reclaimed bitun1inous material: Sieve Size Percent Passing 1.5" 100% 95-1000/0 0-500/0 0-12 % 111 #40 #200 Salvage Aggregate Base Material: Refer to section 02720. Defined as handling of the reclaimed bituminouslbase material generated from the full depth reclamation operation. This materiai will be used in the as a base material prior to paving. The Contractor may elect to \vindrow, stockpile or temporarily compact the reclaimed material in place prior to placement. Material shall be shaped, graded and compacted to within 0.05' of finished base elevation. All reclaimed material shall be compacted by the Specified Density Method as outlined in Mn/DOT Spec. 2211.3. All sections of parking lot where reclaim material is being placed shall be completed and satisfactorily compacted prior to the end of the \vork day. 34~OO~ 125 @ 2000 Bonestroo1 Rosene, Anderlik & Associates. Inc. 2108-1 FULL DEPTH RECLAMATION 2108.4. METHOD OF MEASUREMENT: The process of reclamation and placement as described herein shall be measured on the basis of square yards based on the width and length of parking lot pavement actually reclaimed. 2108.5. BASIS OF PAYMENT: Full depth reclamation shall be paid for by the square yard. END OF SECTION 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 2108-2 FULL DEPTH RECLA1vlA TION SECTION 02225 REMOV ALS PART 1 -GEl\TERAL 1.01 SECTION INCLUDES A. Removal and Disposal of the Following Items: 1. Pavement. 2. Fencing. 3. Concrete sidewalk, curb al1d gutter. 4. Gutters at roof drains. 5. Storm drainpipe and structures. 6. Water service. B. Salvaging and Reinstalling of the Following Items: 1. Signs. 2. Fencing. 1.02 REFERENCES A. Minnesota Department of Transportation, "Standard Specifications for Construction", 1988 Edition alld the Supplemental Specification dated May 2, 1994 (MnDOT Spec.): 1. Section 2104 - Remo'ling 1vliscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away, eliminate or rernove from the project site by any method selected by the Contractor and to dispose of material. B. Salvage: To disil1antle, disassemble, or remove carefully and without damage so the item can be re-assembled, replaced or reused in a workable condition eqllal to that existing before removal. 34-00~ 125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Ll1C. 02225-1 REMOVALS 1.05 REGULATORY REQUIREMENTS A. MnDOT 2104.3C is modified as follows: 1. All materials designated for removal shall be disposed of outside the project area at sites to be selected by the Contractor. 2. All materials designated for salvage shall be stockpiled or temporary stored on sites to be provided by the Contractor. 1.06 SCHEDULING A. Prior to starting work, SUblnit for review by the Engineer, and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this work. B. Fill holes or depressions resulting from removal or salvage that occur more than 24 hours prior to utility or street construction. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are cOlnpleted \vithin streets, driveways or parking lots more than 24 hours in advance of utility or street construction. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 GENERAL A. The Contractor shall be responsible for disposal of all items removed, except for those items identified to be salvaged or recycled. Said disposal sllall be in accordance with all laws, regulations, statutes, etc. B. Denlo1ition shall be performed viithout damage to adjacent retained work. Where such work is damaged, the Contractor shall patch, repair, or otherwise restore same to it's original condition, at no expense to the Owner. C. All demolition debris shall be removed from the area of \vork as often as necessary, but not less than at least once at the end of each work day. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the work in a careful and orderly manner, with the least possible disturbance to the public and occupants of buildings. 34-00-125 @ 2000 BonestroQ, Rosene, A.nderlik & Associates, Inc. 02225-2 REIvl OV .A.LS 3.02 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of work. All site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy \vires, mail boxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal \vork is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct \valkways or roadways. Do not store or place materials in passageways, or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than one day. Any hole within ten (10) feet of side\valks shall be filled, suitably rnarked or covered immediately. 3.03 DEMOLITION A.t~D REMOVALS A. Sawing Pavement: 1. Concrete pavement shall be sawn alo11g .the removal line to a full depth of the thickness of the concrete prior to removal of the pavement 2. Bituminolls pavement shall be sa\vn along the removal line to aminilllUlTI depth of three i11ches prior to breaking off the pavement B. Concrete and Bituminous Surfacing, Concrete Curb and Gutter: 1. Remove in accordance with 1vIllDOT Spec. 2104.3B, except as modified below. 2. SaWcllt bituminous surfacing to full depth at the limits of partial removal, prior to that renloval, unless otherwise approved by the Engineer. 3. Sawcut concrete pavement and concrete base prior to mechanical pavelnent removal eqllipment. Remove concrete in such a manner that the relnaining pavement is not damaged. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-3 REMOVALS 4. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line, which is parallel with the centerline of the trench. 5. Avoid disturbance to any material beyond the limits required for new construction. 6. When removing existing curbing and driveways the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12" maximum from the back of ne\v work and 6" beyond the edge of new driveways). C. Fence: 1. Remove chain linlc fence and posts along the east property lille for the installation of a new 12-foot gate. D. Water Service at Public Works Building (Backyard): 1. Remove existing 2 Y2" pve pipe as reqllired to install new service. 2. Remove curb and gutter and concrete pad as required to remove existing \vater service and install neVl service. E. Manholes, Catch Basins, and Sections of Existing Storm: 1. Remove all structures and piping as shown on the plans. Remove all piping required for new construction. 2. Cap all utilities and piping encountered and not removed. Piping left in place will be allo\ved as directed by the Engineer. F. Gutter at Roof Drains: 1. Remove Concrete Gutters in the planter below roof drains by the Public \Varks offices. 2. Gutters will be replaced in the existing configuration after the installation of 6-inch Roof Drain pipe. 3. New Gutters will incorporate Roof Catchment inlet. 34-00-125 @ 2000 Bonestroo. Rosene, Anderlik & Associates. Inc. 02225-4 RE!\10V ALS G. StarIn drain pipe: 1. Remove pipe as required for the construction of new structures and the connection to existing structures. 2. Bulkhead abandoned pipe. 3.04 SALVAGE AND REIN"STALL A. Signs: 1. Exercise reasonable care against damage to in place signs during storage and installation. B. Fence: 1. Salvage and reinstall chain link fence one west end of parking lot as required for the installation of the storm sewer and parking lot. 3.05 FIELD QUALITY CONTROL A. Items damaged during removal or salvaging operations shall be replaced with ne\\' material of equal type and quality of the damaged item when it was new. B. Items reinstalled shall be of the saIne shape, dimension, location and quality of the original item prior to construction. 3.06 MEASUREMENT MTD PAYMENT A. Bid Items have been provided for relllovaI alld salvage items. Measurement will be based upon the units as listed below for itellls removed complete as specified. No measurement will be made of any removals that are not required nor of any removals that are specifically designated. The actllal quantity rellloved multiplied by the appropriate Unit Prices will be cOlnpensation in full for all work and costs of the following items. 1. Remove Concrete Curb and Gutter: Per lineal foot without regard to type. 2. Salvage and Reinstall Fence: Per lineal foot. Bid items are provided for chain link and split rail fence. 3. Salvage and Reinstall Signs: Incidental to the Total Base Bid. 4. Relnove and Replace Gutters at Roof Drains: Per each. 5. Remove Fence and Install Gate: Refer to Section 02830. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-5 REMOVALS 7. Remove Storm Pipe: Incidental to the Total Base Bid. 8. Remove Bituminous Pavement: Per square yard without regard to thickness. 9. Sawing bituminous pavement: Per lineal foot. 10. Sawing concrete pavement is incidental to pavement removal. 11. Remove Concrete pavement: Per square foot without regard to thickness. Includes sidewalk and driveway pavement. 12. Bulkhead pipe: Per each. Includes the removal of existing pipe. 13. Removal of Water Service: Incidental to the installation of the new water service line. Remo\'al of pavement, curb and gutter, and concrete pavement as required for the installation of the water main will be paid under the respective bid items. E1\TD OF SECTION 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-6 REl\1 0 V ALS SECTION 02230 SITE CLEARING PART 1 - GENERAL 1.01 SECTION INCLUDES A. Removing and disposing of trees, brush, stumps, roots, windfalls, and other plant life. B. Tree trimming/pruning. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specification for Constluction", 1998 Edition. and the Supplement Specifications dated May 2, 1994, (MnDOT Spec.) 1. MnDOT Spec. 2101 - Clearing a11d Grubbing. 1.03 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with a brush scythe or mowing Inachine, including small isolated trees having a diameter of 4 inches (100 mm) or less at a point 2 feet (600 mm) above the ground surrace. B. Clearing: Cutting and removing trees, shrubs, bushes, vvindfalls, and other vegetation in the designated areas. C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. 1.04 SEQlJENCING AND SCHEDULING A. Complete before or sufficiently ahead of on-going rough grading, excavation, backfill, and compacting for utilities. B. The drawings do not specifically show all trees to be reinoved or trallsplanted. All trees in the area of the pond excavation and fill must be removed. C. Protect specimen trees close to work that are designated to remain, but may be damaged by work. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230-1 SITE CLEARING PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing work. Clearing limits clearly marked by the Engineer. 3.02 CLEARING AJ."\TI) GRUBBIJ\fG A. As directed by the Engineer, trim and paint trees that are to be saved, but interfere Vvith the proposed construction. Perform all clearing and gnlbbing in accordance with MnDOT Spec. 2101. B. Clearing Trees: Trim and cut into lengths of 6 to 8 feet (1.8 ill to 2.4 m). 1. Including all branches 6 inches (150 mm) in diameter and greater. C. Clearing Brush: Cut even with the ground surface. D. Grubbing: Remove stumps and roots and other remains from all cleared areas. E. All depressions resulting from the grubbing operations shall be backfilled with suitable material and compacted. 3.03 DISPOSAL A. Dispose of all timber and debris such as stumps, branches, brush, and roots, outside the project area at a site selected by the Contractor, except for trees and logs to be salvaged. B. Disposal site should be a properly designated landfill area as determined by appropriate governmental agencies, or lands under direct control of the Contractor. 3.04 PROTECTION A. Conduct operations so as not to damage surrounding private property. B. Protect trees intended to be saved from injury or defacement during operations. 1. Restrict widths of utility trenches. 34-00~ 125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230- 2 SITE CLEARING 24 Provide protective bracing, sheeting, or box to insure safe work conditions as incidental to contract. C. Exercise care to keep salvaged material as clean as possible during operations. D. Install temporary fencing at the construction limits prior to any constluction activities in order to protect vegetation. 3.05 MEASUREMENT AND PAYMENT A. A bid item has been provided for clearing and grubbing. Measurement will be by the lump sum for the entire project area. Payment will COllstitute compensation in full for all removal and disposal costs. B. WindfalllDeadfall shall be incidental to the project, \vith no direct compensation. C. Shrubs will not be measured as Clearing and grubbing. Removal and disposal of bnlsh shall be incidental and be included in the payment for cleari11g and grubbing. D. i\ll other \vork and costs of this section shall be incidental to the project. END OF SECTION 34~OO-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230- 3 SITE CLEARING SECTION 02280 ADJUST MISCELLANEOUS STRUCTURES PART 1 - GENERAL 1.01 SECTION INCLUDES A. Perform Adjllstment of: 1. Manholes. 2. Catch Basins. 3. Miscellaneous Structures. B. Remove and replace frame and casting. 1.02 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A48 - Specification for Gray Iron Casting. 2. A240 - Specification for Heat - Resisting Chromium - Nickel Stainless Steel Plate Sheet, and Strip for Pressure Vessels. 3. C6 - Specification for Normal Finishing Hydrating Lime (Mortar). 4.C141 - Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar) 5. C150 - Specification for Portland Cement (Concrete Ril1gs/Mortar). 6.C923 - Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. 7. D1248 - Polyethylene Plastics Molding and Extrusion Materials. 8. F593 - Specification for Stainless steel bolts, Hex Cap Screws, and Studs. 9. F594 - Specification for Stainless Steel Nuts. B. State of Minnesota Department of Transportation "Standard SpecificatiollS for Construction", 1988 Edition, and the Supplelnents Specifications dated May 2, 1994 (MnDOT Spec.): 34-00-125 @ 2000 Bonesrroo, Rosene, Anderlik& Associates, Inc. 02280-1 ADJUST 1vIISCELLAi\TEOUS STRUCTURES 1. Section 3733 - Geotextiles. 1.03 DEFINITIONS A. Manhole/Catch Basin Adjustment: l\. change in rilll elevation accomplished through the addition or removal of adjustment rings only. Adjustment does not include the addition or removal of sections from the structure. 1.04 SUBMITTALS A. Product Data: Submit manufacturer's descriptive literature and product specifications for each product. B. Submit manufacturer's descriptive literature and product specifications for substitute castings requested by the Contractor. 1.05 SEQUENCING AND SCHEDULfi\lG A. The Contractor, Engineer, and Owner shall inspect all existing manholes, catch basins, and gate valve boxes vvithin the project limits prior to begin11ing construction. B. The Owner is responsible for the removal of any foreign material found in the existing structures prior to construction. The Contractor is responsible for removing any foreign material that may enter the structLlres during the construction period. PART 2 - PRODUCTS 2.01 ADJUSTfi\lG Rfi\lG A. Concrete: 1. Size to match cone or opening in top slab. 2. Concrete Compressive Strength: Minimum 3000 psi. 3. Reinforcing: Single hoop 8 gauge steel \vire. 4. Thickness: Minimum 2-inch, maximuIll 4-inch. 2.02 ADHESION MATERIALS A. Rarn-Nek material, or equal. B. Mortar: 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280- 2 ADJUST MISCELLANEOUS STRUCTURES 1. Standard Portland Cement: Type I, AST!\1 elSO. 2. Normal Finishing Hydrated Lime: ASTM C6. 3. Hydraulic Hydrated Lime for Structural Purposes: ASTM C141. 4. Mix Proportions: One part cement to three palts mortar sand; Lime may be added to mixture: maximum amount 15% by volume. 2.03 CASTINGS A. Manhole and Catch Basin Frames and Covers: 1. Requirement: ASTM A48. 2. Material: Class 35 cast iror!. Best grade. Free froIn injurious defects and flaws. 3. Finish: Coal tar pitch varnish. 4. Finish Preparation: Sandblast. 5. Machine cover and frame contact surface for non-rock.ingprotection. 6. Type and Style: As shown on dra\vi11gS. Covers without grate openings stalnped with HSA1~ITARY SEWER" or "STORM SEWER" as appropriate. Use 2-inch letters. 2.04 GEOTEXTILE A. General Requirement: MnDOT Spec. 3733 - Type V. PART 3 -EXECUTION 3.01 GENERAL A. The necessary vertical alignment will be determined by the Engineer, and generally as indicated on the schedule of adjustments. B. Where existing frame is within 0.10 feet of plan grade, no adjustment is to be made. C. The concrete or turf shall be either lowered or raised to put the finished grade and frame at the same grade. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik& Associates. Inc. 02280- 3 ADJUST 1vIISCELLANtOUS STRUCTURES 3.02 ADJUSTMENT MANHOLE AND CATCH BASm FRAME A. Remove all dirt, deblls, dust, and other deleterious material from surface prior to placement of first adjusting ring. B. Concrete Adjusting Ring: 1. Mortar on top and bottom surfaces of all concrete adjusting rings; between surface of top slab or cone and bottOITI ring; between surface of top ring and casting; on entire surface of area of ring with no gaps. a. Mortar Thickness: 14 to ~-inch. 2. No shims of any material allowed. 3. Required cross slope of casting to be achieved by varying thickness of mortar. 4. Do not plaster the inside surface of rings. 5. Wipe clean, all excess mortar from the joints inside all rings and frame. 6. Remove all mortar spills from the structure. 7. Minimum of two, rnaxilnum of five adjusting rings allowed. 3.03 FIELD QUALITY CONTROL A. For adjustments made within bituminous sUlfaced areas, any settlements of the bitulninous surfacing below the rim of the adjustment structure will require removal and replacement of the bituminous sUlfacing at the Contractors expense. B. The Contractor is responsible for the protection of all existing structures during the course of the work. c. Secure manholes a11d stluctures immediately after completion or before suspension of operations at the end of \vorking day with castings or suitable alternative device. 3.04 METHOD OF MEASUREMENT Ai\fD PAYMENT A. Ne\v Manhole and Catch Basin Adjustment: Measurement of adjustmellt of new manholes and frames will not be made. Adjustment of the casting on neVi stluctures is incidental to the bid unit price for furnishing and installing the strllcture. END OF SECTION 34-00-125 @ 2000 Bonestroo, Rosene! Anderlik & Associates, Inc. 02280-4 ADJUST MISCELLANEOUS STRUCTURES SECTION 02312 SUB GRADE PREPARATION PART I-GENERAL 1.01 SECTION lNCLUDES A. Final preparation or subgrade preparation, conslstlng of grading, shaping, compacting of subgrade prior to placing a base or surface course. B. Finish grading of trench backfill for restoration and landscaping. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. B. Section 02720 - Aggregate Base Course. C. Section 02770 - Concrete Curb and Gutter. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction", 1988 Edition, and the Supplemental Specifications dated May 2, 1994, (MnDOT Spec). 1. MuDOT Spec. 2105 - Excavation and Embankment 2. MnDOT Spec. 2111 - Test Rolling. 3. MnDOT.Spec. 2112 - SubgradePreparation. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross-section. 34-00- 125 @ 2000 Bonestroo~ Rosene, Anderlik & Associates~ Inc. 02312-1 SUBGRADE PREPARATION 3.02 PREPARATION A. Inspection of Subgrade by test rolling conforming to MnDOT Spec. 2111 or as modified herein: 1. The equipment used for test rolling shall be a Tandom Tnlck with a gross weight of 45,000 pounds. 2. The road bed will be considered unstable if yielding and rutting is greater than 1 Yz inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3G or as modified herein: 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Nloisture. 2. Density and moisture tests \villbe taken on the compacted subgrade, at the location and testing rates designated by the Engineer. 3.04 FINISH OPERATIONS A. Subgrade tolerance shall conform to the following: 1. l~ot vary by more than 0.05 feet above or below the prescribed elevation at anyone point where a measurement is lnade. 3.05 MEASUREMENT AND PAYMENT A. Sub grade Preparation shall be incidental to the placement of the aggregate base and include all work and material to prepare the subgrade prior to the placement of aggregate. B. Testing Rolling shall be incidental. END OF SECTION 34-00-125 @ 2000 Bonesrroo. Rosene. Anderlik & Associates, Inc. 02312-2 SUBGRADE PREPARATION SECTION 02315 EXCA V A TION At'\ID FILL PART 1 - GENERAL 1.01 SECTION INCLUDES A. Construction of excavations, embankments, and fill materials \vithin the project area. 1.02 RELATED SECTIONS A. Section 02312 - Subgrade Preparation. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction", 1988 Edition and the Supplement Specification dated May 2, 1994, ( MnDOT Spec). 1. MnDOT Spec. 2105 - Excavation and Embankment. 1.04 SITE CONDITIONS A. Contractors shall make necessary ~ite visits prior to bidding to determine the level of work required to their satisfaction. B. Protect existing roads, fences, trees, utilities and other features from damage from work of this section. C. In the event of damage, immediately make all repairs and replacements necessary subject to the approval of the Engineer and at no additional cost to the Owner. PART 2 - PRODUCTS 2.01 MATERIALS A. Topsoil: Standard topsoil for general use as a tun growing Inedium, conforming the requirements of MnDOT Spec. 3877, Type A, Topsoil. 1. Suitable on site material Inay be used for Standard Topsoil, subject to approval by the Engineer. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02315-1 EXCA V ATION AND FILL 2. This material shall be used for the following: a. Minimum 3 inch depth topsoil on all areas which are proposed to be seeded. B. Common Excavation: Includes all excavation, elnbankment, grading, and shaping required to construct elevations and contours as shown on the plans. 1. In the parking area Common Excavation includes all excavation to the sub grade after Aggregate base is salvaged. 2. In the pond area Common Excavation includes all excavation required to construct elevations and contours as shown on the plans. PART 3 - EXECUTION 3.01 TOPSOIL STRIPPING A.ND STOCKPILING A. Topsoil shall be completely stripped from the entire construction site and stockpiled at on-site locations approved by the Engineer. B. Install silt fencing and any other erosion control devices necessary to prevent eroded materials from entering storm sewer system or adjacent areas. 3~02 SITE GRADmG A. Site Excavation: Cut, fill and grade site to elevations and contollrs shown on the plans, with allo\vances for pavements, Class 5 aggregate, topsoil, and structures. B. Slope grades to insure both temporary and pelmanent drainage. C. Subgrades beneath all pavement areas shall be graded to a tolerance of 0.05 ft. The Contractor shall test roll all pavement areas to verify subgrade stability in the presence of the Engineer. The Contractor shall furnish a loaded dual axle dump truck for the test rolling operation. Unstable areas shall be corrected by replacement ~lith aggregate base. D. Subgrade preparation shall include shaping alld compacting existing lnaterials prior to placement of granular borrow or aggregate. The final subgrade shall be approved by the Engineer prior to importing aggregate base or the respreading of salvaged aggregate base. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02315-2 EXCA V A TION AND FILL 3.03 ESTIMATED QUANTITIES A. The proposed earthwork in the parking lot will generate an excess of material, which must be removed from the project site and transported to a site selected by the Contractor. 1. The following quantItIes are estimated for the parking lot. Actual quantities used will be measured by cross-section. a. Salvage Aggregate Base: 440 CYs b. Common Excavation to be hallled off site: 300 CYs 2. The follo\ving quantities are estimated for the pond construction. a. Common Excavation: 4500 CY s. This quantity is not guaranteed and should be reviewed by the Contractor prior to the bid according to the contours shown on the plan. b. Areas of fill \vill be adjusted to balance cuts and fills. The pond will be excavated to the proposed COlltours. 3.04 MEASUREMENT Al\TD PAYMENT A. A bid item has been provided for Common Excavation for the parking lot under Part 1 of the proposal. Measurement alld payment will be b)' volume in cubic yards of Inaterial in its original position, based on cross sections performed by the Engineer, and computed by the average end area method using the original and final cross sections. This item represents payment for Excavation to achieve design grades and for the disposal of the material off-site. B. A bid item has been provided for COffilllon Excavation for the pond under Part 2 of the proposal. Measurement and payment will be by the lump sum. This item represents payment for Excavation to achieve design grades for the entire area outside of the Public Warks yard (paved area). B. The salvaging of existing topsoil shall be incidental to the Total Base Bid. Select Topsoil Borrow shall be measured by the CY (LV). PaYluent will be based on the CY in place. END OF SECTION 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates. Inc. 02315-3 EXCA V A TION AND FILL SECTION 02320 TRENCH EXCA V ATION AND BACKFILL p ART 1 - GEl\;TERAL 1.01 SECTION J1\fCLUDES A. Trenching requirements for undergroulld pIpIng and appurtenances including requirements for excavation, backfill and compaction. 1.02 RELATED SECTIONS A. Section 02630 - Storm Drainage. B. Section 02315 - Exca\'ation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction", (MnDOT). 1. Section 2105 - Excavation and Embankment. 2. Section 2451 - Stlucture Excavations and Backfills. B. American Society of Testing 1vIaterials (ASTI\Il): 1. D2321- Recomlnended Practice for Ullderground Installation of Flexible Tllermoplastic Sewer Pipe. 2. D698 - Standard Moisture Density Relationship of Soil. 1.04 DEFJ1\fITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench and upper level of backfill. The purpose of bedding is to secure the pipe to tlue line and grade and to provide structllral support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. C. Improved Foundation: FOllndation provided by importing material from sources outside the project limits. Required when foundation is soft or unstable. D. Pipe ZOlle: That part of the trench below a distance of one foot above the top of the pipe. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-1 TRENCH EXCA V A TION AND BACKFILL 1.05 PROJECT CONTIITIONS A. Known existing underground utilities are sho\vn on the drawings in a general way. The Owner does not guarantee the locations as shown on the drawings. The Contractor shall anticipate variations in both the vertical and horizontal locations of underground 1.1tility lines from those shown on the drawings. Be Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustn1ents in the work. C. Contractor to notify Gopher State OIle Call before starting construction in a given area, reqllesting utility locations in the field. 1.06 SEQlJENCING Ai'ID SCHEDULING A. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. B. Uncover utilities and verify both vertical and horizontal alignments sufficiently in advaIlce of construction to permit adjustments in the work. C. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 GUARA.NTEE A. Trench settlements which occur during the guarantee period that are greater than 1 inch as measured by a 10 foot straight edge will be repaired in a manner that is acceptable to the Owner at the Contractor's expense. PART 2 - PRODUCTS 2.01 IMPROVED PIPE FOUT\TDATION A. Comply \vith MnDOT Spec. 3149.2H Modified. 1. Crushing requirements: Not less than 50% of the material, by weight, that is retained on the No.4 sieve shall have one or more crushed faces. PART 3 - EXEClJTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surlace features and document condition. B. Verify with the Engineer that all permits necessary to do the work are obtained. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-2 TRENCH EXCA.VATION AND BACKFILL 3.02 PREPARATION A. Call Utility Owners to field mark their utility locations. B. Protect as necessary surface featllres such as utility poles, trees, structures, pavement, etc. that are not designated on the plans to be removed. C. Notify Utility Companies of progress schedule so they can accomplish relocations and removals that they have agreed to perform. D. Complete temporary removal or relocation of surface features such as fences, s11rubs, and signs. E. Strip off existing topsoil from \vithin the trench excavation limits and stockpile. Separate vegetative strippings from topsoil and dispose of appropriately. F. Crossing Under Existing Utility Lines: 1. Use extreme care when excavating in the vicinity of Llnderground utility lines to avoid damage to protective coatings or surfaces. 2. "'There possible and as authorized by the utility, temporarily remove the utility line, install the new pipe al1d reinstall the utility line. 3. V/here existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfilll.lnder and arollnd the utility line to 100 percent standard Proctor density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Excavation: 1. Trench Construction: a. Excavate trench to alignment and grade shown on the dra\vings. b. The trench \vidth at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. Ho\vever, it shall be of ample \vidth to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properl y . 34-00-125 @ 2000 Bonestroo. Rosene, Anderlik & .A.ssociates, Inc. c. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100% of standard Proctor density. 02320-3 TRENCH EXCA V A TION AND BACKFILL 2. '), .,J. 4. 5. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. d. Brace, shore, or sheet trench and provide drainage. Comply \vith applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no iess than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the OCcllpational Safety and Health Act (OSHA), whichever is most restrictive. e. Pile all excavated material in a manner that will not endanger the work or obstruct sidewalks, driveways, gutters, etc. f. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent \vith the requirements specified herein under "Backfill Above Pipe Zone 11. g. Dispose of excess excavated ll1aterials off of right-af-ways and easements in a suitable site selected by the Contractor. h. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimllm of one foot belo\v the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of tIle dewatering operation(s) and once per \tveek there after. Keep a daily log of hours pumped. Excavate to a sufficient depth to insure adequate foundation \vhen the bottom of the trench is soft or where, in the opinion of the Engineer, unsatisfactory foundation conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of In1proved Pipe Foundation Material. Provide temporary support, remove, relocate or reconstruct eXIstIng utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture or failure. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line 02320-4 TRENCH EXCAVATION AND BACKFILL location. A deviation from the alignment, grade and location to avoid conflict may be ordered by the Engineer. 6. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular material. B. Pipe Bedding: 1. Polyvinyl chloride sewer pIpe: Bed pIpe In accordance with ASTM D2321. c. Backfill at Pipe Zone: 1. Backfill immediately after pipe is laid. 2. Backfill placed cOlupletely under pipe haunches In uniform layers not exceeding 4-inches in depth. D. Backfill above Pipe Zone: 1. Use suitable materials selected from the excavated lnaterials to the extent available and practical. 2. Suitable materials are mineral soils free of rubbisl1, stumps, branches, debris, frozen soil, oversize stone, C011crete and bituminous chunks and other unsuitable material. 3. Place in uniform depth layers not to exceed 12 inches before cOlnpaction. Complete the compaction of each layer before placing material for the succeeding layer. 4. Compact each layer by mechanical means until it meets the requirelnents of MnDOT Specification 2105.3 Fl "Specified Density Method". Trenches shall be compacted to a minin1um of 95% except to 100% in the upper 3 feet. If the moisture content of the backfill materials is greater than 3% above the optimum moisture, compact the materials to a minimum density of three pounds/cubic foot less than the standard Proctor curve at that moisture content, except that minirrlum compaction shall be 850/0 of standard Proctor density. 5. The method and means of placement and type of cOlnpaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. 6. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the City. 34~OO-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-5 TRENCH EXCAVATION AND BACKFILL 7. Excavated material not suitable or required for backfill shall be disposed of outside of the project limits. 3.04 FIELD QUALITY CONTROL A. Density Tests: To be pelformed by an approved soils testing firm at various locations and depths throughout the project as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and recompacted until the density requirements are met. 3.05 ME.ASURE1vIENT AND PAYMENT A. Trench Excavation: Excavation and backfilling of trench and associated pipe bedding shall be included in the price of pipe furnished and installed. B. Density tests: Passing tests: all costs paid by Owner. Failing tests: all costs charged to and paid by the Contractor. C. Dewatering al1d Improved Pipe Foundation: No explicit, direct paYlnent is made for this \vork. Include the costs in the bid unit prices for the pipe or stnlcture installed. END OF SECTION 34~OO~ 125 @ 2000 Bonestroo, Rosene, Anderlik & Associates~ Inc. 02320-6 TRENCH EXCA V A TJON AND BACKFILL SECTION 02515 WATER SERVICES PART 1 - GENERAL 1.01 SECTION INCLUDES A. Water service pipe and all appurte11ances. 1.02 RELATED SECTIONS A. Section 02320 - Trench Excavation and Backfill. PART 2 - PRODUCTS 2.01 MN"\TUFACTURERS OF HIGH DENSITY POLYETHYLENE A. Phillips Driscopipe, Inc. B. Polypipe Industries, Inc. C. Chevron Plexco, Inc. D. Others which meet the reqllirements of this Section. 2.02 PIPE AND FITTINGS A. General: 1. Type: Solid, Slll00th \vall. 2. Outside Diameter: Nominal Iron Pipe Size (IPS) llnless othervvise noted. 3. Standard Dimension Ratio (SDR): 11 unless otherwise noted. 4. Pressure Rating: 160 PSI@ 730P. B. Material: 1. Extra-high density black polyethylene. 2. Properties: a. Density (gmJcc): 0.955 per ASTM D1505. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Ine. 02515-1 \V A TER SERVICES b. Flex 1v1odulus (psi): 133,000 per ASTMD790. c. ESCR (Failure/hrs): > 5,000 per ASTM D1693. d. ESCR (Failure/hrs): > 3,500 per ASTM D1248. e. Tensile Strength (psi): 3,200 per ASTM D638. f. Elastic Modulus (psi): 110,000 per ASTM D638. g. HDB (psi): 73.40F per ASTM D2837. h. HDB (psi): 800 @ 1400P per AST1\1 D2837. C. Type Classification: Consistent with ASTI\tl D1248, Type III, Class C, Category 5, Grade P34. D. Cell Classification: 345434C or 355434C as defined in ASTM 3350. E. Molecular Weight: 1. 250,000 to 1,500,000. 2. Deterlni11ed by Gel Permeation Chromatography procedure. F. Fittings: 1. Pressure Rating: Same as connected piping. 2. Outside Diameter: Consistent with ASTM F'714 for same sized pipe. 3. 'vVoll Thickness: Consistent with ASTIvl F714 for same sized pipe. 4. Derating: Consistent \vith the manufacturer's written specifications for pressure rated fittings, clearly labeled on each fitting as such. 5. Quality Control Label: As approved by the manufacturer on each fitting. 2.03 JOINTS A. Thermal blltt-fusion in accordance with ASTM D2657. 2.04 FABRICATION A. Pipe and Fittings: 1. Manufacture consistent \vit11 ASTM F714. 3 4~OO~ 125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02515-2 \VATER SERVICES 2. By same manufacturer. 3. Bends, Tees and Wyes: By mitered construction and of same class/pressure rating as pressure pipe. B. Identification: 1. Continuous permanent print line on pipe displaying the following: a. Manufacturer's name and location. b. Date of manufacturer. C. Lot number. d. Ra\v material supplier. e. Production shift. f. ASTM Standard (ASTM F714). g. Material Designation (PE3408). 2.05 ACCESSORIES A. Anchor Weights: 1. Construction: As s11own. 2. Hardware: 316 stainless steel. 3. Protective Pads: 1/8" thick Ethylene Propylene Diene Monomer (EPDlvI) rubber sheet 2 inches wider than weights. B. Transitions to Dissimilar Pipe at Water Service Ends: Use fittings recommended by manufacturers to transition to NPC pve or galvanized pipe. PART 3 -EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances that lnay apply. B. Run service to from buildi11g to yard hydrant assembly as shown on the drawings. 34~OO-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02515-3 \VATER SERVICES c. Water Service Line: 1. Coordinate connection point at building and behind curb at the yard hydrant as shown on drawings. 2. Provide NPT fitting on each end for future connection to service and hydrant The Contractor is not responsible to connect the line to the service or hydrant. Connections \\Till be done by others. 3. Cap line to keep free of dirt. 4. 4' of cover from finished grade. Provide constant slope from the buildillg to the hydrant with no high or low points. 5. Terminate both pipe ends 3 feet above finished grade or as directed to provide efficient connections to existing pipes. 6. Provide long radius bends to bring the pipe to the surface on both ends. D. All trenches shall be backfilled and cOlnpacted in accordance to Section 02320. 3.02 FlELDQUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. B. The \vater service will be pressure tested at 150 Ibs for two 11oufs. A drop of 3 Ibs in a one hour span will constitute failure. Leaks will be corrected and the service retested. 3.03 MEASUREMENT AND PAYMENT A. A Bid item for "3" HDPE water service" has been provided on the bid form. Measurement will be based upon units of lineal feet for furnishing and installing pipe and fittings. Complete in place as specified, including excavation, backfilling, aIld compaction. END OF SECTION 34-00-125 @ 2000 Bonestroo, Rosene. Anderlik & Associates, Inc. 02515-4 \V A TER SERVICES SECTION 02630 STORM DRAINAGE 1.01 SECTION INCLUDES A. Storm sewer pipe, catch basin manholes, catch basins, fittings, and miscellaneolls appurtenances. 1.02 RELATED SECTIONS B. Section 02315,- Excavation and Fill. c. Section 02320 - Trench Excavation and Backfill. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A48 - Specification for Gray Iron Castings. 2. A615- Specification for Deforn1ed and Plain Billet-Steel Bars for Concrete Reinforcement. 3. C139 - Specification for Concrete Masonr)' Units for Construction of Catch Basins and Manholes. 4.C150 - Specification for Portland Cement. 5.C206 - Specification for Finishing Hydrated Lime. 6. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 7. D1784 - Specificatio11 for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 8. D3034 - Specifications for Type PSM Poly (Vinyl Chloride) (PVe) Sewer Pipe and Fittings. 9. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. 10. F477 - Specifications for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-1 STOR1\.1 DR~-\I1"J"AGE 1.04 SEQUENCING AND SCHEDULING A. Do not pllfsue work causing shut off of utility service (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut-off schedule. B. Required inspections and tests must be successfully completed before commencemellt of aggregate base construction. 1.05 SUBMITTALS A. Shop drawings. B. Submit certification report for precast structures fabrication and installation. PART 2 - PRODUCTS 2.01 MATERIALS A. Concrete l\1aterials: 1. Use Standard Portland Cement Type 1, clean washed sand and crushed rock and gravel free from deleterious materials for monolithic concrete n1anholes and all manhole bases. 2. Portland Cement: Comply with the requirements of ASTM elSO. 3. Design Mix: Subject to the approval of the Engineer. Use proper water- cement ratio to obtain (4000 psi) in 28 days. B. Mortar Materials: 1. Celnent: Use Type 1 Standard Portlal1d Cement conforming to ASTIYI eISO. 2. Lime: Use normal finishing hydrated lime meeting the requirements of ASTM C206. 3. Mix Proportions: a. Use one part cement to three parts of suitable plaster sand for mortar used for plastering the exterior walls of block manholes and catch basins, adjusting rings and lift holes. Use lime or mortar mix in the amount necessary to make a suitable mixture for plastering purposes, but not to exceed 15% by volume. 34-00-125 @ 2000 Bonestroo. Rosene, .A.nderlik & Associates, Inc. 02630- 2 STOR!\1 DRAINAGE b. Use one part Portland cenlent to two parts of sand to which lime or mortar mix may be added but not to exceed 150/0 by volume for mortar used for laying concrete block. C. Reinforcing Steel: Comply with the requirements of ASTM A615, Grade 60. 2.02 MAi'WFACTlTRED UNITS A. Manhole and Catch Basin Frames and Covers: 1. Requirelnent: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injllrious defects and flaws. 3. Finish: No finish required. 4. 11achine cover and frame contact surface for non-rocking protection. 5. Type and Style: As shown on drawing. Covers without grate openings shall be stamped "STORM SEWER". 6. Covers with two concealed pick holes of approved design. B. J\rlanholes and Catch Basins: 1. Requirements: ASTI\tl C478, details on the drawings. 2. Dialneter and special requirements are ShOWll on the drawings. 3~ Structures shall be of precast concrete whenever possible. Segmental block rnay be used for the lower portion of structures over large pipe. 4. Manhole joints shall be rubber O-ring gasket type lneeting ASTM C443. 5. Segmental Block Manholes: Blocks conform to ASTM C139. 6. Structure bases may be pre-cast or poured in place. C. Manhole Steps: 1. Manhole steps may be constructed of any of the following Inaterials: a. Cast Iron Manhole Steps: ASTM C478, minimum tensile strength 35,000 psi. Neenah Foundry Step No. RI98IJ, Badger F-15, or equal. 34-00-125 @ 2000 Bonestroo, Rosene. Anderlik & Associates, Inc. 02630-3 STORM DRAlNAGE b. Polypropylene Coated Manhole Steps: M.A. Industries SP-I-PF, or equal. Design similar to cast iron specifications. C. AluminUlTI Manhole Steps: Apex Temalloy No. 5 aluminum alloy or equal. Design similar to the cast iron steps specified may be used. D. Storm Pipe: 1. Pipe shall be Rep Class 5 or pve SDR 26. Pipe nlaterials shall be consistent throughout the project. 2. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings (4-inch through I8-inch diameters): a. General: Pipe and fittings shall conform to ASTM D 3034. b. Materials: PVC plastics having a minimum cell classification of 1254 B or 12454C or 13364 B as defined in ASTM D 1784. Pipe materials shall have a minimum hydrostatic design stress of 2,000 psi as certified by the Plastic Pipe Institute. Additives and fillers including but not limited to stabilizers, antioxidants, lubricants, colorants, etc., shall not exceed 20 parts by weight per 100 of pve resin in the compound. Certification of resin compounding shall be provided by the pipe manufacturer prior to shiplnent to the job site. Pipe shall have integral wall bell and spigot joint alld a minimum wall thickness conforming to SDR 26. Joints shall conform to ASTM D 3212. Joints shall be push-on type only \vith the bell-end grooved to receive a gasket. Elastomeric seal (gasket) shall have a basic polymer of synthetic rubber conforming to ASTM F 477. Natural rubber gaskets will not be accepted. Each pipe shall be identified with the name of the manufacturer or trademark and code, nominal pipe size in inches, the pve cell classification and "Specification D3034." PART 3 - EXECUTION 3.01 PREPARATION A. See Section 02320 for trench excavation and backfill. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-4 STOR!\.1 DRAIN.A.GE B. Permanently support, remove, relocate or reconstruct existing utility pipes, cables, structures or other appurtenances when they obstruct the line, grade or location of the pipe or appurtenance. Do the work in cooperation with the owner of the utility. Utility owner vvill determh1e which rnethod is to .be used. The Engineer may order a deviation in the dra\ving line, grade or location if, in his opinion, there is an acceptable alternative location for the work. 3.02 INSTALLATION A. Connect to Existing Structure: 1. Connect to existing structure at location shown on the drawings. 2. Core the hole in the structure, trimming the pipe flush \vith the structure, trimming the pipe flush with the pipe to seal it within the \vall. 3. Reconstruct manhole bench/invert. 4. Minor repairs to the structure. B. Installillg Pipe: 1. Lay and maintain pipe appurtenances to the alignment, grade and location shown on the plan and/or staked in the field. No deviation from the drawing and/or staked alignment, grade or location is allov./ed unless approved by the Engineer. Deviation from grade in excess of 0.05 percent may be cause for removal and relaying pipe at the contractor's expense. 2. General Pipe Installation Procedures: a. Wipe joints clean; apply the mallufactllrer's recolnmended lubricant cOlnpound over the ell tire joint surface; Center spigot in bell and push spigot home; Take care to prevent dirt from e11tering the joint space; bring pipe to proper line and grade and secure pipe in place by properly bedding. 3. Lay pipe upgrade with spigot ends pointing in the direction of flow. 4. All joints must be watertight. Repair any leaks discovered. 5. Joints connecting dissimilar pipe materials or where materials or where cut-ins make it impossible to constnlct a bell and spigot joint shall be make with a reinforced concrete collar completely surrollnding the joint or b)T using an approved adapter. 6. Any pipe, which has been disturbed after being laid must be taken up, tIle joint cleaned and properly relaid as directed by the Engineer. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & .A.ssociates, Inc. 02630-5 STOR~'l DRAINAGE C. Installing Structures and Appurtenances: 1. Excavate to depth and size as shown in the detail on the plans. 2. Poured in place bases must be acceptably cured before manhole sections are placed on the hardened slab. 3. In\'erts shaped to the half section of equivalent size pipe conforming the inlet and outlet pipe so as to allow for a free, uninterrupted flow with all surfaces sloping to the flo\v line. 4. Preformed inverts and watertight pipe connections for all lines 15" In diameter of smaller. 5. Preformed inverts not allowed where pipe grades are 2 percent or greater unless design grade is built through the manhole. 6. All concrete pipes entering manholes must be cut with a power saw similar to the type used for ductile iron pipe. 7. Steps: a. Locate on the downstream side except for pipe 36 inches in diameter or greater. Then place where lnost appropriate to provide the most suitable access. b. Secure and neatly mortar in place 15 inch on center spacing. 8. Position vertical wall of the eccentric cone on the downstream side. 9. Use one (1 foot section) immediately belo\\' the slab. 10. Lift holes neatly mortared up. 11. The exterior of all block manholes shall be plastered with one-half inch of Portland cement mortar. 12. Install adjustment rings and adjust casting. 3.03 RECONSTRUCT MANHOLES AND CATCH BASINS A. In absence of the O-ring joint, older style manhole joints: sealed using Ram-nck (or equal) gasket material applied in accordance with manufacturer's recommendation. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates. Inc. 02630-6 STORNI DRAINAGE B. Manhole sections removed from a structure and not re-used on the project shall be properly disposed of at a location off the project site. C. Excavate around entire structure to the required depth for reconstruction. After new sections are in place, backfill and ilnpact around structure \vith 12-inch lifts. 3.04 ADJUSTIN"G AND CLEANIN"G A. Adjusting: 1. Consists of adjusting the final elevation of structure casting to final grade. 2. Applies to structures installed as a part of this work. 3. Consists of setting casting frame to final elevation b)l adding or removing standard concrete adjustment rings of the same size and shape as the cone or slab opening. Elevation adjustments to existing structures that cannot be done by adding or removing rings are not adjustments but are reconstructions. 4. Place each adjusting ring and frame in full mortar bed. Encase the outside of the rings and frame in mortar collar (encase catch basins located in curbs in concrete beillg integral \vith the curb). 5. No shims of any material allowed. 6. Minimum thickness of mortar between rings: 14 inch. 7. Maxilnllffi thickness of mortar bet\veen rings: Y2 inch. 8. \Vipe clean all excess mortar from bet\veen rings and frame on the inside. 9. Set structures 1,4 to Y2 inch lower than adjacent final grade. B. Cleaning: 1. Clean the pipe and structures. 2. Bailing or flushing method of cleaning pipe is acceptable only if adequate provisions, acceptable to the Engineer, for keeping dirt and debris out of the existing sewer system are employed. Otherwise, jetting will be required. 3. Complete prior to final inspection for acceptance. 34-O0~125 @ 2000 BonestroQ, Rosene, Anderlik & Associates, Inc. 02630- 7 STORM DRAINAGE C. Required Tests and Inspections: 1. Infiltration: a. To determine the amount of ground \vater infiltration into the se\vers. b. Test waived if no visible infiltration IS observed during the lamping inspection. c. Measurement made by means of 90 degree V -notch weirs placed in the lines as directed by the Engineer. d. Measurements taken at the points where, in the Engineer's opinion, the flow of water in the sewer is greater than the maximum allowable leakage. e. Maximum allowable rate of leakage: Not more than 100 gallons per mile per inch diameter per day. f. Tests may be taken between individual lnanholes and the infiltration in any given line must not exceed the specified maximum allowable rate. cr Method of Measurement: Measurement of tilne for a o' predetermined volull1e of flow to occur. 2. Lamping: a. Verify installation is to true line and grade. b. Verify installed pipe is structurally sound. c. Verify there are no broken or deflective pipe. d. Verify that joints are all home. e. Verify stluctures conform to specified requirements. 3.05 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of \vorking day. B. SeCllre manholes and structures immediately after completion or before suspension of operations at the end of \vorking day with castings or suitable alternative device. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-8 STOR!vIDRAINAGE c. ivlark structure susceptible to being hit by construction or vehicular traffic. D. Mark each plug location with 4"x4" timbers to above grade to aid in marking the future connection. 3.06 MEASUREMENT AND PAYIvIENT A. Bid items for "storm sewer" and "drain pipe" have been provided on the bid form. Measurement \vill be based upon units of lineal feet for each size and depth, for furnishing and installing pipe. Complete in place with fittings as specified, including excavation, backfilling, and compaction. Pipe will be measured from centerline. B. A bid item has been provided for 4' diameter storm catch basin manhole. Measurement will be based upon units of each for furnishing alld installing structures complete, including manhole frame and casting in place as specified. C. A bid iteln has been provided for 1.'27" dialneter catch basin. 1\1easurement \vill be based llpon units of each completed as to shape, size, aI1d depth according to the drawings. Payment shall include catch basin frame and grating. D. A bid item has been provided for connect to existing catch basin manhole. Measurement will be by each. Payment "viII represent compensation for all work and tnaterials including repair of the manhole invert. E. A bid item has been provided for skimmer structure. Measurement will be by each. Payment will represent compensation for all work and materials including the cover grate. F. A bid item has been provided for Class II randoln riprap. Measurement "viII be by the CY. Payment will represent compensation for all work and materials including filter fabric and granular bedding. G. No direct measurement and payment will be made for the flared end section. This structure will be measured and included in the payment for the storm se\ver. It will paid as lineal feet of pipe. END OF SECTION 34-00-125 @ 2000 Bonestroo. Rosene. Anderlik & Associates, Inc. 02630-9 STORM DRAI1\fAGE SECTION 02720 AGGREGATE BASE COu~SE PART 1 - GENERAL 1.01 SECTION INCLUDES A. Requirements for aggregate base course. 1.02 RELATED SECTIONS A. Section 02108 - Full Depth Reclamation. B. Section 02312 - Subgrade Preparation. C. Section 02740 - Plant-Mixed Bituminous Paving. 1.03 REFERENCES A. Minnesota Department of Transportation Standard Specifications for Construction, 1988 Edition and the Supplemental Specification dated May 2, 1994, (MnDOT Spec.): 1. MnDOT Spec. 2211 - Aggregate Base. 2. MnDOT Spec 3138 - Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.04 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the follo\ving have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a test rolling test, performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (s tringline ). 34-00-125 @ 2000 Bonestroo~ Rosene. Anderlik & Associates, Inc. 02720-1 AGGREGATE BASE COURSE PART 2 - PRODUCTS 2.01 MATERIALS A~ Aggregate Base, Class 5: Conform to MnDOT Spec~ 3138, Class 5 aggregate~ B. Salvage Aggregate Base, Class 5: Conform to MnDOT Spec. 3138 Class 5 aggregate. 1. This material will be salvaged after reclamation and stock pi1ed~ It will be repsread as Aggregate Base, Class 5 after subgrade preparation~ 2. This project estilnates 11 inches of reclaimed aggregate base \viII be sal'Jaged~ In areas \vhere bituminous pavement is not reclaimed, it is estimated that 8 inches of reclaimed material will be salvaged. 3~ New Aggregate Base, Class 5 will be imported to meet the design section. p ART 3 - EXECUTION 3.01 PREPARATION A. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT 2211.3: 1. Compact by mechanical means to 1000/0 of Standard Proctor density. 2. Install aggregate base in accordance \vithdetails on plan. 3~ Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Contractor shall have an independent testing laboratory sample the aggregate base materials, determine the moisture/density relationships, and gradation and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: the final aggregate base surface \vill be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be :to_05' of grade. 34-O0~ 125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02720-2 AGGREGA1E BASE COURSE 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. 3.05 MEASUREMENT AL~ PAYMENT A. Aggregate Base, Class 5 will be measured by the Ton in place. B. Salvaged Aggregate Base, Class 5 will be measured by the cubic yard in place. Measurement will be by cross section. Payment will be by the cubic yard in place. Payment will be for the salvaging, stockpiling, and final placing of the material. END OF SECTION 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02720-3 AGGREGATE BASE COURSE SECTION 02740 PLANT MIXED BITUMlNOUS PAVEMENTS PART 1 - GENERAL 1.01 SECTION lNCLUDES A. Plant-mixed, bituminous-aggregate hot mixtures for base, binder, wear course pavements, and bituminous curb. B. Bituminous Tack Coat 1.02 REL~i\ TED SECTIONS A. Section 02770 - Concrete Curb and Gutter. B. Section 02720 - Aggregate Base Course. C. Section 02280 - Adjustment of Miscellaneous Structures. 1.03 REFERENCES A. Minnesota Department of Transportation, "Standard Specifications for Highway Construction," 1988 Edition and the Sllpplernent SpecificatiollS dated May 2, 1994. (MnDOT Spec.): 1. Spec. 2331 Plant-Mixed Bituminous Pavement. 2. Spec.. 2340 Plant Mixed Bituminous Pavement Quality Assurance (Q/A) Projects. 3. Spec. 2357 Bituminous Tack Coat. 5. Spec. 3139 Graded Aggregate for Bituminous Mixtures. 1.04 SUBMITTALS A. Conform to MnDOT Spec. 2331.3E2. - submittal of the Job Mix Formula (IMF). 1.05 SEQUENClNG At"\fD SCHEDULlNG A. Aggregate base and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48-hour notice for scheduling and noticing of the residents prior to placement of the final wear course. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-1 PLAl'1T MIXED BITUMINOUS PAVEMENT c. Adjust structures prior to placement of bituminous wear course. PART 2 - PRODUCTS 2.01 MATERIALS A. Hot Mixed Bituminous: 1. Aggregate for Driveway, and Parking Lot: Conform to MnDOT 3139. a. Confornl to the requirements of 3139 and the gradations for each type of mix as indicated on Table 3139-1, or more specifically the following: Mix Type 31 Mix Type 41 Parking Lot Base Course Parking Lot Wear Course Mix Designation 31 BBB 50000 41 WEA 50055 2. Bituminous Material: Conform to MnDOT 3151: a. Conform to MnDOT "Standard Specifications for Performance Graded Asphalt". b. The Perrormance Grade Asphalt Cement: PG 58-28. B. Bitumill0Us Tack Coat: 1. Bituminous Material Conform to MnDOT 3151. a. Emulsified Asphalt, Cationic, CSS-I or CSS-2. PART 3 -EXECUTION 3.01 GENERAL A. All bituminous Inixtures must be furnished by a Contractor Certified Plant for Bituminous I\1ixtures, Adhering to MnDOT's certification procedure. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of the wear courses. C. The proposed sequence shall address the; Longitudinal seams, Compaction, Traffic control, Hauling routes, Placement of pavement markings, Adequate sIgnIng. 34-00-125 @ 2000 Bonestroo, Rosene1 Anderlik & Associates, Inc. 02740-2 PLANT ?vEXED BITillvIINOUS PAVEMENT D. Preparation of Bituminous Base: 1. Final clean up of the bituminous base surlace with the use of a power pickup broom and front end loader. 2. Final adjustment of structures in accordance with Section 02280. 3.02 RESTRICTIONS A. Confoflll to MnDOT Section 2331.3B except as modified herein: 1. All street surfaces checked and approved by the Engineer prior to paving. 2. Existillg bituminous surfaces must be dry prior to placelnent of any bituminous pavements. 3. Wearing course not placed when the air temperature, in the shade and away from artificial heat, is 50 degrees or less, unless otherwise approved by the Engineer. 4. DUling the placelnent of the wear course mixtures the Contractor must provide a minimum of six personnel as follows: a. One paver operator. b. Two persons to operate the adjustment scre\vson the back of the paver. C. One bituminous finisher (raker). d. One rubber tire roller operator. e. One steel drum roller operator. Compaction operations may require additional roller operators to 'obtain the required densities. 3.03 EQUIPMENT .L~. Bituminous Pavers shall be self-contained, power propelled units with automatic screed control conforming to MnDOT 2331.3C2A, for paving including pathways. 34~OO-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates. Inc. 02740-3 PLANT NIIXED BITUl\1INOUS PAVEMENT 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDO'r Spec. 2357 or as modified herein: B. Restrictions: 1. The tack coat shall not be applied \rvhen the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat applied shall be limited as directed by the engineer. 3. The contractor shall have sole responsibility of claims of tack coat on personal property due lack of notification or signage of the area being tack coated. C. Equipment: 1. Shall conform to J\rlnDOT Spec. 2321.3Cl. D. Road Surface Preparation: 1. Shall conform to MnDOT Spec. 2357.3C. E. Application: 1. At a uniform rate conforming to MnDOT Spec. 2357.3Da, but not greater than 0.05 gallons per square yard. 2. Along the front edge of the concrete curb and gutter. 3.05 MIX PROPORTIONS A. Requirements will cOl1fornl to MnDOT Spec. 2340.3E or as modified below. B. Contractor Trail Mix Design: Bituminous mix designed using the Contractors trial mix design Specifications 2331.3E2b. c. Recycled Mixture Requirements: Requirements under MnDO'T Section 2331.3E2e shall apply, except as modified; recycled bituminous Mixture Type 42 and Type 48 can not be substituted for Type 41 and Type 47. 3.06 PLANT OPERATIONS A. Conform to MnDOT Spec. 2331.3F. 34~OO-] 25 @ 2000 Bonestroo, Rosene, Anderlik & Associates~ Inc. 02740-4 PLANT 1vlIXED BITUI\1INOUS PAVEMENT 3.07 SPREADING OPERATIONS A. Conform to MnDOT Spec. 2331.3G. 3.08 COMPACTION OPERATIONS A. Compaction requirelnents conform to MnDOT Specification 2340.3H2 as Modified Specified Density Method and as modified below: B. Vibrating steel drllffi roller and a pneumatic tired roller employed in conjunction \vith each other during compaction of all wear courses. 3.09 THICKHNESS REQUIREMENTS A. Conform to MnDOT Spec. 2331.31 or as modified. 1. After construction, the thickness of each course must be within 14 inch of the thickness shown on the plans. 2. For any course constructed, the material used in excess of the specified thickness plus lA inch will be excluded from the pay quantities. 3.10 CONSTRUCTION JOIN'TS A.Conform to MnDOT Spec. 2331.3K. 3.11 MEASUREMENT AflD PAYMENT A. Bituminous Tack Coat: No measurement of bituminous tack coat will be Inade. Payment for bituminous materials used for tack coat shall be included in the payment of bituminous paving. Cleaning of all debris and dirt f1'0111 the previous bituminous surfaces prior to placement of tack coat is included in the unit price bid for bituminous paving. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with base course placement is considered incidental to the placelnent of the base course. B. A bid item has been provided for Bituminous base course, Type 31B, and Bituminous Wear course, Type 41A. Measurement will be based on units of ton. Payment for paving shall include work and materials required. END OF SECTION 34-00-125 @ 2000 Bonestroo. Rosene, Anderlik & Associates, Inc. 02740-5 PLANT MIXED BITUlvlINOUS P A VElvIENT SECTION 02770 CONCRETE CURB AND GUTTER PART 1 - GENbRAL 1.01 SECTION INCLUDES A. Construction of cast-in-place concrete curbs, curb and gutter and valley gutter. 1.02 RELATED SECTIONS A. Section 02720 - Aggregate Base. B. Section 02740 - Plant Mixed Bituminous Pavements. 1.03 REFERENCES A. American Society of Testing Materials (ASTM): 1. C260 - Air Entraining Admixture for Concrete. B. Minnesota Department of Transportation "Standard Specification for Construction", 1998 Ed. And the Supplen1ent Specifications dated May 2, 1994, (MnDOT Spec.). 1. MnDOT Spec. 2461 - Structural Concrete. 2. MnDOT Spec. 2531 - Concrete Curbi11g. 1.04 SlJBIv1ITTALS A. Submit one - 7 day and two - 28 day concrete cylinder test results for all concrete pours in any given day. B. Submit concrete design mix formulas. PART 2 - PRODUCTS 2.01 MATERIALS: Concrete to Conform to MnDOT Spec. 2461 Concrete A. Portland Cement: Type 3 air-entraining concrete produced by using Type IA air- entraining Portland Cement. 34-00-125 @ 2000 Bonestroo. Rosene, Anderlik & Associates, Inc. 02770-1 CONCRETE CURB AND GUTTER B. Air-Entraining Admixtures: Conforming to: ASTM C-260. 1. Not to be added to the concrete mixtures in the field without approval from Engineer. C. Mix Designation and Classification for Concrete Curb and Gutter: 1. Manual Placement Mix No. 3A32C. 2. Slip Form Placement Mix No. 3A22C. D. Pre-Formed Joint Filler: Conform to MnDOT 3702. E. Curing Compound: Confonn to MnDOT 3754. PART 3 - EXECUTION 3.01 GENERAL A. The concrete curb and gutter shall be constructed at the locations and elevations indicated on the drawings. B. The style or type of curb and gutter shall conform to shape and size as shown on the drawings. C. Construct intersection curb radii and transitions sections to conform to the detail on the drawings. D. Construct 10-foot transition sections at ill1et structures to conform to the detail on the drawings. E. Concrete curb ralnp depressions shall be constructed to conform to the detail on the drawings. F. Construct curb transitions for driveways per the detail on the dra\vings. G. The completed concrete \vork shall give the appearffilce of unifomtity in surface contour and texture, and shall be accurately constructed to line a11d grade. The required joints, edges, and flo\v lines shall show neat workmanship. H. Retempering of the concrete, which has partially hardened, with or without additionallnaterials or water, is prohibited. 34-00-125 @ 2000 Bonestroo, Rosene. Anderlik&Associates. Inc. 02770-2 CONCRETE CURB A.ND GUTTER 3.02 FOU1\TDATION PREPARATIONS A. Support on a compacted aggregate base extending 1 foot behind the back of curb conforming to Section 02720 - Aggregate Base and MnDOT Spec. 2211.3C 1 (100% Maximum Density). 3.03 FORMS A. Conform to MnDOT Spec. 2531.3B. 3.04 JOmT CONSTRUCTION A. Conform to 11nDOT Spec. 2531.3C except as modified herein: 1. Maximum spacing of expansion joints for slip fOlmed shall be 200 feet. 3.05 PLACmO AND FINISHING A. Conform to MnDOT Spec. 2531.3E and 2531.3F except as modified herein. 1. The top surface of the curb and gutter shall ha\'e a brush finish at right angles to the curb line. 3.06 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G2 (Membrane Curing Method) except as modified herein. B. All surfaces shall be coated with membrane curing compoulld within 30 Ininutes after finishing. 1. The membrane curing compound lTIUst contain a fllgitive dye. 2. A second heavy coat of membrane curing compound shall be applied 4 to 8 hours after the first coat. 3. Cold weather curing, when temperatllres fall belo\v 40 degrees during placement or within the following 24 hOllfS, shall conform to 2531.3G 1 blanket curing method, or method approved by the Engineer. 4. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 5. Removal and replacemellt any curb section damaged by traffic, rain, cold weather, or other causes occurring prior to the 72 hOllf curing period or final acceptance shall the responsibility of the Contractor. 34-00-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates. Inc. 02770-3 CONCRETE CURB AND GUTTER 3.07 BACKFILLING A. Conform to MnDOT Spec.2531.3J except as modified herein. 1. The initial curb backfill and boulevard grading shall follow the 72-hour curing period, with completion within 6 days of original placement. 2. The curb backfilling shall be completed with the adjacent boulevard material. 3~ The tolerance for the backfill and grading shall be within 0.3 feet In relationship to the top of curb elevation. 3.08 WORKi\1A.NSHIP AND FINISH A. Confolm to MnDOT Spec. 2351.3K except as lTIodified herein. 1. Any deviation in the design curvature, concrete edges and surfaces designed to straight lines or grades in excess of 3/8 of an inch, measured with a lO-foot straight edge, will be considered unacceptable. 3.09 :MEASUREMENT Al\TD PAYMENT A. A bid item has been provided tor concrete curb and gutter. Measurement of curb and gutter shall be measured along the face of the curb at the gutter line, by length in lineal feet and by type of curb. No separate measurement or pa)Tment for modifications at curb ramps, transition sections or curb installed at catch basins and radii. END OF SECTION 34~OO-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-4 CONCRETE CURB AND GUTTER SECTION 02775 CONCRETE PA VJNG PART 1 - GENERAL 1.01 SECTION IN"CLUDES A. Concrete \valks and driveways. 1.02 RELATED SECTIONS Not Used 1.03 REFERENCES A. Minnesota Department of Transportation Standard Specification for Construction, 1988 Edition, a11d the Supplement Specifications dated May 2, 1994 (Mn/DOT Spec.): 1. MnlDOT Spec. 2521 - Walks. 2. Mn/DOT Spec. 3149 -Granular Material. 1.04 SEQUENCING AND SCHEDULING A. Do not pour concrete pads until base has been approved by Engineer. PART 2 - PRODUCTS 2.01 CONCRETE A. Concrete shall have a minimum 28 day compressive strength of 3900 psi. B. Concrete shall have entrained air content of 5% to 7%. PART 3 - EXECUTION 3.01 INSTALLATION A. Concrete pads shall be given a light broom finish. Brooming shall be at a 900 angle to normal traffic flow direction. 34-00-125 @ 2000 Bonestroo. Rosene, Anderlik & Associates, Inc. 02775-1 CONCRETE PAVING 3.02 FORtVIS A. Form\vork shall conform to MnJDOT Spec. 2521. 3.03 JOINT CONSTRUCTION A. Provide contraction and expansion joints in accordance with Mn/DOT Spec. 2521. 3.04 CURING A. Provide tile Blanket Curing Method in accordance with MnlDOT Spec. 2521. 3.05 MEASUREMENT AND PAYMENT A. Concrete \-valks will be measured by the square foot. Payment shall include all \vork and materials including 4 inches (min.) of granular base and wire mesh reinforcement. B. Concrete driveway will be measured by the square foot. Payment shall include all vvork and materials, including 8 inches of aggregate base and \vire 111esh reinforcement. END OF SECTION 34~OO-125 @ 2000 B onestroo. Rosene, Anderlik & Associates. Inc. 02775-2 CON CRETE PAVING SECTION 02830 FENCE AND BOLLARDS P AR T 1 - GEI\TERAL 1.01 SECTION lNCLUDES A. Chain link fence and steel bollards 1.02 SUBMITTALS A. Submit typical layout, elevation, and section drawings for fences, and gates. Sho\v installation details for all end, corner, and line posts. PART 2 - PRODUCTS 2.01 FENCWG MATERIALS: A. Fabric: Fabric shall be No. 9 gauge steel \vire, as shown on the plan details. Aluminized fabric shall be coated before weavi11g with a minimum of 0.4 ounces per square foot of surface area in accordance with ASTM A-491. The steel wire and coating shall conform with ASTM A-817. Fabric shall have knuckled top and bottom edges. Width of fabric shall be as sho\vn on the plan details. Mesh size shall be 1-3/4 inch. B. Fence Posts: All posts shall be hot-dipped galvanized, schedule 40 steel pipe and shall conform to the latest ASTM designation or ~80 oz. aluminum per square foot, total both sides. Post sizes (O.D.) and weight shall be as listed below: Post Type Diameter (Min) Weight (Mill) Burv Depth (Min) FOllndation Size (Mill) 6' to 8' Fence Line Post 2Yz" 3.65 lb/ft. 3'-0" 10" dia. x 31_ 3" 6' to 8' Fence End, Corner, & Gate Post 3" 5.79 lb/ft. 4'-Otl 12 l! di a. x 4' - 3 II c. Rails: Rail to be hot-dipped galvanized, Schedule 40 steel pipe 1-5/8 inch O.D. (2.27 #/ft.)~ Provide with expansion sleeve couplings. Top rail is to pass through base of post cap and is to securely fasten to end, gate and corner posts. Bottom and mid rails are required as shown on plan details. 34-00-125 @ 2000 Bonestroo, Rosene. Anderlik & Associates. Inc. 02830-1 FENCE D. Gates: Gate frames shall be 2 inch O.D. hot dipped galvanized steel pipe (2.72 #/ft.). Gates shall have all bracing shown on plans and as recommended by tIle manufacturer and shall include positive type latching devices \vith padlock provisions. E. Ties: Ties shall be No.9 gauge wire at 12 inches o.c. on posts and rails. F. Fittings: To be of malleable iron, hot-dip galvanized after fabrication. Provide caps for all posts. 2.02 CONCRETE MIX A. ASTM C-94 Portland cement concrete \vith maximum 3/4 t! aggregate 11aving a minimun1 compressive strength of 3,000 psi at 28 days. 2.03 BOLLARDS A. Fabricate from Schedule 80 steel pipe. B. Leave top open. Fabricate to shape indicated on drawings. C. Paint - High solids, lead-free, rust-inhibitive alkyd primer. Acceptable Products: 10- 99 or 10-1009, TnemecCompany Ine or X -60 Rust-Oleum Corporation or approved equal. Finish color to be selected by O\vner. PART 3 - EXECUTION 3.01 INSTALLATION A. Post Setting: Set posts plumb in concrete footings. Top affooting will be at grade, with the concrete rising above grade towards the post to shed water. Maximum post spacing shall be 10ft. on center. Concrete footing shall be belo\v decking where applicable. "Box outs" in decking will not be allowed. B. Top Rail: Install through line post caps connecting sections \vith sleeves to form a continuous rail between terminal posts. C. Fabric: Pull fabric taut with bottom selvage 1 I' above grade. Fasten to tenninal posts with tension bars threaded through mesh and secured with tension bands at maximum 15" intervals. Tie to line posts and rails \vith tie wires spaced at maxilllum 12lT. D. The Fence shall follow the slope of the pavement. Fence installer shall coordinate with paving contractor to verify that final grades are established prior to fence ins tallati on. 34~OO-125 @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 02830-2 FENCE E. Remove Fence and posts and install new posts and gates as required to install a 12 foot gate according to the specifications. F. Verify bollard location with Engineer prior to placement. 3.02 MEASUREMENT AND PAYMENT A. A bid item "Remove Fence and Install Gate" has been provided for all work and materials required to install a gate as described herein. B. A bid item "Bollard" has been provided for all work and materials required to install as described herein and in the plans. Ivleasurement will be by each and represent compensation for all work and materials required. END OF SECTION 34-00-125 @ 2000 Bonestroo. Rosene, Anderlik & Associates. Inc. 02830-3 FENCE SECTION 02930 SEEDING 02930.1. DESCRlPTION A. This work consists of seeding that takes place on disturbed areas around the pond as identified on the plan. Black dirt and seeding will also be required behind curb and gutter replaced at the parking lot. B. Definitions: 1. Weeds: For the purpose of this project, a weed is a plant that illhibits the establishment of species listed in tuaterials (Section 02930.2). Weeds may include but are not limited to: quackgrass, canada thistle, ragweed, pigweed, bentgrass, ellropean buckthorn, glossy buckthorn, tatarian honeysuckle, black locust, and spotted knapweed, reed canary grass, and kentucky bluegrass. C. Submittals: 1. Product Data: Provide nursery source al1d invoice for seed to be purchased for this project. 2. Qualifications: a. Nursery: Company specializing in growing and cultivating the specified plallts with documented experience as represented by a list of completed past projects. 3. Producer's certificate of compliance - Written document verifying compliance of mixture of seed furnished. Submit to the property owner 5 days prior to delivery. Include percentage of variolls seed species mix, year of production, net weight, date of packaging and location of packaging, seed bags/tags (gerlnination rate, weed seed content), and copy of seed dealer's invoice. D. Delivery, Storage and Handling: 1. Seed: a. Deliver seed mixture in sealed, undamaged containers. b. Protect seed from moisture prior to use. 34-00-125 @ 2000 Bonestroo1 Rosene, Anerlik & Associates, Inc. 02930-1 SEEDING 02930.2. MATERIALS: A. Topsoil: Select Topsoil BOITOW conforming to MnJDOT Section 3877.2A. B. Native Seed Mixtures: Tabulations for the seed mixture contain the standard rates as per Table 2575-1 of the Standard Specifications for Construction Manual, which are based on seed being broadcast or hydroseeded and are listed in the following tabulation under "broadcast" rates. Also included are recommended rates for drill seeding using a Truax-type native grass drill. Drill rates are approximately 600/0 of the broadcast/hydroseeding rates. When standard (broadcast) rates are used with a drill, more than one pass should be made over the site to get all of the seed into the ground. 1. General Requirements: a. Requirements for production, origin, definition of wild-type, and treatments shall be adhered to as outlined in "Mn/DOT Seeding Manual 2000". b. Approved Vendors/Sources: All native grass and forb seed shall be purchased from an Approved Vendor or Source for native seeds. All bags of seed shall be labeled with the species, C011tents by weight and mixture number (where appropriate) and the vendor from which it was purchased. c. Native grass mixtures to be seed in locations identified on plal1: Mixture 28A Modified (28B) - General Purpose Native Ditch Common Name Botanical Name 0/0 of lVlix Bluestem, big Andropogon gerardi 6.0 Milkweed~ marsh Asclepias incarnata 0.17 Brome~ fringed BrOJ1lUS ciliata 4.0 Prairie clover, purple Dalea pUJpu.relun 0.17 Tic-trefoil, showy DeSlllodiufn canadense 0.17 Wheatgrass, slender Elynuls trachycaulus 10.0 Wild-rye, Virginia ElYlnus virginicus 10.0 Sunflower, early Heliopsisi helianthoides 0.17 Rye-grass, annual Loliran italicUlll 8.0 ReGreen NA 40.0 S witchgrass Panicu111 virgattun 3.0 Bluegrass, fowl Poa palustris 12.0 Black-eyed Susan Rudbeckia hirta 0.17 Indian grass Sorghastrulll nutans 6.0 Vervain, blue Verbena hastata 0.17 Total: 100.00 Rate: 40 Ibs/acre (44 kg/ha). Description: Mesic/\vet native grass ditch mix. Reaches a height of approximately 36 inches. General purpose mix for use in roadisde ditches that range from wet to dry. 34-00-125 @ 2000 Bonestroo, Rosene. Anerlik & Associates, Inc. 02930-2 SEEDING I\lixture 30A Modified (30B) - Urban Prairie Common Name Botanical Name 0/0 of lVlix Grama, sideoars Bouteloua curtipendula 8.0 Grama, blue Bouteloua gracilis 6.0 Prairie clover, purple Dalea purpureu111 2.0 Wild rye, Canada Elyrnus canadensis 4.0 \Vheat grass, slender Elyrnus trachycaulus 6.0 Rye grass, annual Lolhun italicunl 8.0 ReGreen NA 26.0 Blue grass, Canada Poa cOllzpressa 12.0 Alkali grass Puccinella distans 16.0 B luestem, little Schizachyriufn scoparirun 10.0 Dropseed, sand Sporobolus cryptandrus 2.0 Total: 100.0 Rate: 60 lbs/acre (66 kglha). Description: COlnbination native and turf mix. Reaches a height of approximately 18 inches. For use in urban areas where conditions may be saline, droughty, & generally poor soils. 02930.3. CONSTRUCTION REQUIREMENTS: A. Sequencing and Scheduling: 1. Planting Seasons: a. Spring: April 15 to June 15. b. Fall: August 20 to October 1. B. Seeding: 1. Seeding locations are shown on the attac11ed planting plan. Also seed behind replaced curb and gutter. 2. Remove foreign materials, undesirable plants, and their roots. Do not bllry foreign material beneath areas to be landscaped or restored. Remove contalninated subsoil. 3. I11stallation :Lvlethods for Seeded Areas: a. Site Preparation - The site ShOtlld be prepared by loosening topsoil to a minimum depth of 2 Y2 inches. 34-00-125 @ 2000 Bonesrroo, Rosene, · Anerlik & Associates, Inc. 02930-3 SEEDING b. Seed Installation - Seed should be installed with a seed drill that will accurately meter the types of seed to be planted and keep all seeds uniformly mixed during the drilling (Truax-type). The drill should contain a minimUlTI of two seed boxes; a fine seed box and a box for large/fluffy seeds, and should be equipped with disc furro\v openers and packer assembly to compact the soil directly over the drill rows. I\1aximum row spacing should be 8 inches. Fine seed should drop seed onto the ground surface from the fine seed box. This can be accomplished by pulling out the plastic tubes feeding seed into the drill fUITOWS. Large/fluffy seed should be placed to obtain a final planting depth of 6mm. All drill seeding should be done at a right angle to surface drainage. C. Seed Rates - The seeding rate shall be split in half and two passes shall be made over the entire site. d. Harrowing - The site should be lightly harrowed or raked following seeding. e. Paclcing - Pack the site follo\ving harrowing to insure a firm seed bed. C. Mulch 1. Use l\1nJDOT Type 1 (clean straw) mulch at a rate of 2.0 tons per acre. 02930.4. NIEASUREMENT AI\TD PAYMENT: A. Bid items have been provided for the MI1DOT seed mixes around the pond area. The bid unit price per acre shall be cOlnpensation for all work alld materials including seed, fertilizers, and mulch. B. The Contractor is responsible to place (min. or 4"), tolerance, and prepare topsoil for seediIlg behind replaced curb and gutter. Seeding in these areas will be completed by others. END OF SECTION 34-00-125 @ 2000 Bonestfoo, Rosene, Anerlik & Associates, Inc. 02930-4 SEEDING SECTION 16050 RA,"Tr RT ,FJ~TRTrAT, MATRRTAT ^~ A1\Tf) METHODS PART 1 - GF,NRRAT J 1.01 SECTION IN"CLIJDES A. Raceways. B. Wires and cables. C. Inductive Loop Control for Overhead Doors 1.02 REFERENCES A. NECA - National Electrical Contractors Association. 1. NECA - Standards of Installation. B. NEMA - National Electrical Manufacturers Association. C. NFP A - National Fire Protection Association. 1. NW A 70 - National Electrical Code. D.OSHi\ - Occupational Safety and Health Administration E. UL - Undervvriters Laboratories, Inc. 1.04 REGIJLATORYREQUIREMENTS A. All work performed under this Contract shall conform to the latest editions of the National Electrical Code (NFPA70), the National Electrical Safety Code (~~SI C2), the Minnesota State Building Code, and the Wisconsin Administrative Code. B. Unless specifically noted otherwise, all equipment and Inaterials shall be new and shall bear the Underwriters Laboratories (1JL) label if such products are listed by UL. 1.05 IN"STRUCTIONS AND PARTS LITERATURE A. Instruction and parts literature is generally packed with electrical equipment and devices. Contractor shall remove this literature from the packing container or equipment enclosure, identify the literature with the equipment to \vhich it applies, and provide this information to the Owner upon completion of the job. 34-00-125 @ 2000 Bonestroo, Rosene Anderlik & Associates. Inc. 1 hO"O-l BASIC ELECTRIC.AJ.. 1\1 A TERlALS AND :METHODS PART 2 - PRODTTrTS 2.01 CONDUIT AND RACEWAY. A. pve 1/2" Electrical Non-Metallic Tubing or approved equal. 1. Crush Resistance: 2. Tensile Strength: 3. Temperature, Operating Range: 4. Dimension, Outside, Max: To 1000 Ibs. To 200 Ibs. To 900C 0.82 in. B. EPC-40-PVC and EPC-80-PVC 1. Sunlight resistant. 2. Approved for: 1. Direct burial. 2. Concrete encasement. 3. Above grollnd and exposed applications. 3. NEMA TC2. 4. NFPA 70 Article 347. 5. lJL-651. 6. UL listed. 7. Carlon, CertainTeed, or equal. C. RIGID 1v1ET AL CONDUIT 1. Steel: 1. Galva11ized inside and outside. 2. NFP A 70, Article 346. 3. UL-6. 4. UL listed. 34-00-125 @ 2000 Bonestroo, Rosene Anderlik & Associates, Inc. 1 nO~O-? BASIC ELECTRICAL 1vlATERIALS AND METHODS 2.02 WIRES Ai'.TD CABLES A. 600V THW, THWN or THHN for panel wiring. B. Cable for the vehicle detection loops shall be a preformed pave-over loop. 1. Installation to be done as recommended by manufacturer. 2. Size of cabling and number of turns shall be as per the manufacturers specifications unless other\vise specified. 4. Joints at "T" to be chemically bonded perrnanufacturers specifications. 5. T Box to be Carlon #E983D or approved equal. 6. T to be filled with 100% rubber sealant providing watertight seal wi 50 year life. 7. Loop wire to be 18 Ga. 5 conductor unshielded type eM 75 C 800, style 2464 or approved equal. 8. Lead-in to be 18 Ga., THHNrrHWN, t\visted 12 turns per foot. 9. Lead-In to be protected \vith ENT conduit to pull box, chemically bonded to T Box by manufacturer to ma11ufacturers specifications. 10. Loop inductance, Operating range: 75 to 750 Jih 11. Pave over loop shall be LIS #E-NLXX-18!XX or approved equal. 2.03 INDUCTIVE LOOP CONTROLLER FOR OVERHEAD DOOR A. Loop Detector Controller: 1. Single (1) channel. 2. 1IDV Supply 3. Minimum of six (6) levels of sensitivity available betwee11 0.02 percent and 1.28 percent change in total loop inductance. 4. Peek Traffic-Sarasota 625X series, or equal. 34~OO,;.125 @ 2000 Bonestroo, Rosene Anderlik & Associates, Inc. 1 h0'10- i BASIC ELECTRICAL tv1A TERlALS AND rvIETHODS B. Vehicle detection inductive loop cable shall be a specified in Paragraph 2.02. C. Provide all necessary mating connections for a complete loop control system as specified herein. D. Loop shall be 60" x 120" located 60" from the door, or as specified by manufacturer. 2.04 DUCT SEALING COMPOUND A. Soft, fibrous, slightly tacky, non-hardening and easily applied by hand at all \vorking temperatures. B. Clean and non-staining. C. J.M. Clipper Corp. Duxseal, O-Z/Gedney DUX, or equal. PART i - RXFJ'~TTTTON 3.01 mSTALLATION A. The overhead door as designated on the dra\vings shall be controlled with the il1ductive loop vehicle detector system specified in article 2.02 and 2.03 above. COlnponents shall be installed as described belo\v: 1. Vellicle detection control llnit shall be installed in existing \vall mounted enclosure that also houses the existing controller for the inside detector. Contractor shall install unit wiring al1d any additional control components, such as relays or timers, as needed to conform to the specified sequence of operation. Terminal strips shall be used to connect the systenl leads to the pin connector supplied with the unit. 2. Install t\vo-position keyed selector s\vitch on vehicle detection Ullit control panel, adjacent to existing toggle s\vitch for inside vehicle detector. When in the manual position, the selector switch shall disable the output of the vehicle detection unit, so that the doors are controlled by the pushbutton stations only. In the auto position, the vehicle detector Olltput shall be enabled so that the door loop control works in cOl1junction with the pushbutton stations. 3. Installation shall conform to manufacturer's instructions. 34-00-125 @ 2000 Bonestroo, Rosene Anderlik & Associates, Inc. 160'=;0-4 BASIC ELECTRICAL MA TERL<\LS ANDrvlETHODS 4. Vehicle detection system shall operate the door designated on the plans in such way that upon approach of a vehicle to the door, acti\'ation of the loop shall cause the door to open. After the vehicle enters or exits the garage, the door shall reclose after an adjustable tinle period rrom zero to 30 seconds. TIle vehicle detection system shall be interlocked with the existing photoeye system in such a way the doors \vill not close if a vehicle or person is detected underneath the doorway. B. All conduit shall be kept dry and free of water or debris. C. Where the conduit goes through the exterior of the building, it shall be at least 1811 above the level of the garage floor, and shall be sealed internally at the wall \vith duct sealing compollnd. D. All exposed conduit shall be schedule 80 PVC or Rigid Metal Conduit. 3.02 IVIEASUREMENT A1~TI PA Y1\1ENT A. .L~ bid item "Loop Detector" has been provided on the proposal. Measurement \vill be by the lump sum and include all work and materials reqllired to install the overhead door loop detector system as described herein. E~TI OF SECTIOl'J 34-00-125 @ 2000 Bonestroo, Rosene Anderlik & Associates, Inc. 1 f\0')0- ~ BASIC ELECTRICAL :VIA TERIALS AND !v1ETHODS CONDITIONS OF THE CONTRACT INDEX PAGE NO-1- SECTION 1 DEFINITIONS 1. SECTION 2 BIDDING REQUlREI\tlENTS 5. SECTION 3 AWARD AND EXECUTION OF CONTRACT, PROGRESS AND COMPLETION OF ""ORK 7. SECTION 4 CONTRACT DOCUMENTS: INTENT AND REUSE 9. SECTION 5 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POil'ITS 11. SECTION 6 INSURANCE AND BONDS, LEGAL RESPONSIBILITY AND SAFETY 13. SECTION 7 ENGI1\TEER..OWNER-CONTRACTOR RELATIONS, ARBITRATION Al'lD INDEMNIFICATION 18. SECTION 8 MATERIALS, EQUIPMENT, INSPECTION AND WORKMANSHIP 25. SECTION 9 MEASUREMENT, PAYMENT AND PROJECT ACCEPTANCE 34. SECTION 10 CHA1\fGES IN THE WORK 40. SECTION 11 CHANGES OF CONTRACT PRICE AND CONTRACT TIME 42. SECTION 12 SUSPENSION OF WORK Ai"TD TERlvfINATlON 46. SECTION 13 MISCELLANEOUS .dO . o. FORM OF AGREEMENT PERFORMANCE BOND LABOR AN'D PAYMENT BOND GenerallSpecs/Condtns.gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. TABLE OF CONTENTS CONDITIONS OF THE Co~rrRACT SECTION 1 - DEFINITIONS 1.1 ACTS OF GOD 1.2 ADDENDA 1.3 AGREEMENT 1.4 BID SECURITY 1.5 BIDDER 1.6 CONTRACT 1.7 CONTRACT DOCUMENTS 1.8 CONTRACT PRICE 1.9 CONTRACTOR 1.10 CHANGE ORDER 1.11 DAY 1.12 DEFECTIVE 1.13 DRAWINGS 1.14 ENGINEER 1.15 FIELD ORDER 1.16 FINAL COMPLETION 1.17 MODIFICATION 1.18 NOTICE OF AWARD 1.19 NOTICE TO PROCEED 1.20 O\Vi'H3R 1.21 PERFORMANCE AND PAYMENT BONDS 1.22 PROJECT 1.23 PROPOSAL 1.24 RESIDENT PROJECT REPRESENTATIVE 1.25 SHOP DRA WINOS 1.26 SPECIFICA TrONS 1.27 SUBCONTRACTOR 1.28 SUBSTANTIAL COMPLETION 1.29 SURETY 1.30 WRITfEN NOTICE 1.31 WORK GeneraVSpecs/Condtns.gen @ 1996 Bonestroo, Rosene, Anderlik & Associates. Inc. - 1 .. TABLE OF CONTENTS (CONT1D) SECTION 2 .. BIDDING REOUIREMENTS 2.1 PROPOSAL FORMS 2.2 INTERPRETATION OF QUANTITY ESTIM:A TES 2.3 EXAMINATION OF PLANS, SPECIFICATIONS AND WORK SITE 2.4 ADDENDA 2.5 PREPARATION OF BID 2.6 RESERVATIONS AND/OR EXCEPTIONS 2.7 BID SECURITY 2.8 DELNERY OF PROPOSAL 2.9 OPENING OF PROPOSALS 2.10 EVALUATION OF PROPOSALS 2.11 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION SECTION 3 .. AWARD AND EXECUTION OF COl\TTRACT. PROGRESS & CO:rvfPLETION OF WORI( 3.1 AWARD OF CONTRACT 3.2 EXECUTION OF AGREEMENT 3.3 FAILURE TO EXECUTE AGREE1\.1ENT 3.4 RETURN OF BID SECURlTY 3.5 NOTICE TO PROCEED 3.6 CONTRACT TIME 3.7 SCHEDULE OF COMPLETION 3.8 COMPUTATION OF Tllv1E 3.9 LIQUIDATED DAMAGES SECTION 4 - CONTRACT DOCUMENTS: INlENT AJ\TD REUSE 4.1 INTENT OF CONTRACT DOCUMENTS 4.2 ORDER OF PRECEDENCE 4.3 DISCREPANCIES 4.4 ADDITIONAL INSTRUCTIONS 4.5 DRAWll'-TGS AND SPECIFICATIONS AtJOB SITE 4.6 OWNERSHIP OF DRAWINGS AND SPECIFICATIONS AND REUSE 4.7 DIMENSIONS GenerallSpecslCond tns.gen @ 1996 Bonestroot Rosene, AnderlUc & Associates, Inc. - 2 - TABLE OF CONTENTS (CONT'D) SECTION 5 - A V AILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POII\TTS 5.1 AVAILABILITY OF LANDS 5.2 PRIV ATE PROPERTY 5.3 SURVEYS 5.4 UTILITIES 5.5 INVESTIGATIONS 5.6 UNFORESEEN PHYSICAL CONDITIONS SECTION 6 - INSURANCE AND BONDS~ LEGAL RESPONSIBILITY AND PUBLIC SAFETY 6.1 INSURANCE 6.2 PERFORlYIANCE AND OTHER BO~1)S 6.3 PATEI\TTS, FEES AND ROYALTIES 6.4 PERMITS AND LICENSES 6.5 LAWS, REGULATIONS AND SAFETY 6.6 WARNING SIGNS AND BARRICADES SECTION 7 - ENGINEER-OWl\TER-CONTRACTOR RELATIONS. ARBITRATION & INDElvfNIFICATION 7.1 ENGINEER'S STATUS AND AUTHORITY 7.2 COl'ITRACTORIS RESPONSIBILITIES 7.3 O\VNERIS RESPONSIBILITIES 7.4 ASSIGNMENT OF CONTRACT 7.5 RIGHTS OF VARIOUS INTERESTS 7 .6 SEPARATE CONTRACTS 7.7 SUBCONTRACTS 7_8 ORAL AGREEMENTS 7 .9 NON-DISCRIMINATION IN EMPLOYME1\11' 7.10 DECISIONS ON DISAGREEMENTS 7.11 ARBITRATION 7.12 INDEMNIFICATION GeneraliS pecs/Condtns.gen @ 1996 Bonestroo, Rosene; Anderlik & Associates, Inc. - 3 - TABLE OF CONTE~TTS (COf'..TTID) SECTION 8.. MATERIALS. EOUIPM"ENT. INSPECTION AND WORKMANSHIP 8.1 MATERIALS AND EQUIP1\1ENT FURNISHED BY CONTRACTOR 8.2 EQUlV ALENT MATERIALS AND EQUIPMENT 8.3 MATERIALS FURNISHED BY O\VNcR 8.4 STORAGE OF MATERIALS 8.5 SAMPLES 8.6 FURNISHING OF PRODUCT DATA 8.7 QUALITY OF EQUIPMENT AND MATERIALS 8.8 SHOP DRAWINGS 8.9 ACCESS TO AND OBSERVATION OF \VORI( 8.10 TESTS AND INSPECTIONS 8.11 UNCOVERING THE WORK 8.12 CUTTING AND PATCHING 8.13 WARRANTY AND GUARANTEE 8.14 CORRECTION PERIOD 8.15 CORRECTION OR REMOVAL OF DEFECTIVE \VORK 8.16 ACCEPTANCE OF DEFECTIVE WORK 8.17 O\VNER MAY STOP WORK 8.18 OWNER MAY CORRECT DEFECTIVE WORK GeneraliS pecs/Condtns .gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. - 4 - T ABLE OF CONTENTS (CONTtD) SECTION 9 - MEASUREMENT. PAYMENT AND PROJECT ACCEPTANCE 9.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT 9.2 REQUEST FOR PAYMENT 9.3 ENGINEER'S ACTION ON A REQUEST FOR P A YMEi\TT 9.4 OWNERtS ACTION ON AN APPROVED REQUEST FOR PAYMENT 9.5 OWNER'S RIGHT TO \VITHHOLD PAYMENT 9.6 CONTRACTOR'S WARRANTY OF TITLE 9.7 SUBSTANTIAL COMPLETION 9.8 PARTIAL UTILIZA TI ON 9.9 FINAL INSPECTION 9.10 FINAL APPLICATION FOR PAYMENT 9.11 FINAL PAYMENT AND ACCEPTANCE 9.12 CONTRACTORtS CONTINUING OBLIGATION 9.13 WAIVER OF CLAIMS SECTION 10 - CHANGES IN THE WORK 10.1 CHANGE ORDERS 10.2 FIELD ORDERS 10.3 UNAUTHORIZED WORK 10.4 ENGINEER RECOMMENDATIONS 10.5 NOTICE OF CHANGE TO SURETY 10.6 CLAIMS FOR ADDITIONAL COSTS 10.7 WORK DURING AN ElvIERGENCY SECTION 11 - CHANGE OF C01\VfRACT PRICE AND CONTRACT TTh1E 11.1 CONTRACT PRICE 11.2 CHANGE IN CONTRACT PRICE 11.3 BASIS OF CHANGE 11.4 CHANGE OF CONTRACT TIME GeneraliS pee s/Condtns .gen @ 1996 Bonestroo, Rosene, Anderlik & Associates. Inc. - 5 - TABLE OF CONTENTS (CONT'D) SECTION 12 - SUSPENSION OF WORK AND TERMINATION 12.1 OWNER MAY SUSPEND WORK 12.2 OWNERMAYTERMINATE 12.3 CONVENIENCE TERMINATION BY THE O~ffiR 12.4 CONTRACTOR MAY STOP WORK OR TERMINATE SECTION 13 - MISCELLANEOUS 13.1 LIMITATION OF LIABILITY 13.2 REMEDIES 13.3 PUBLIC CONVENIENCE 13.4 CROSSING UTILITIES, ETC. 13.5 SANITA..RY PROVISIONS 13.6 PRESERV ATIONOF HISTORICAL OBJECTS 13.7 USE OF PREMISES FORM OF AGREEMEl\TT PERFORMANCE BOND LABOR AND MATERIAL PAYMENT BOND GeneraliS ~...cslCondtns .gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. - 6 - CONDITIONS OF THE CONTRACT SECTlor~ 1 DEFWITIONS 1.1 ACTS OF GOD An Act of God is an unusual, extraordinary and sudden manifestation of the forces of nature, uncontrolled and uninfluenced by the power of man and without human intervention, that could not under normal circumstances have been anticipated or expected. Ordinary weather conditions of normal intensity for the locality shall not be considered as an Act of God. 1.2 ADDENDA Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. 1.3 AGREEMENT The Agreement is the written document executed by the Owner and Contractor covering the performance of the Work described in the Contract Documents. 1.4 BID SECURITY The Bid Security, where required by the Advertisement or Information to Bidders, is a cashierls or certified check, cash or Bid Bond accompanying the Proposal submitted by the bidder, pledging that the bidder will enter into an Agreement vvith the Owner for the carrying out of the \Vark, should the contract for the Work be awarded to him. 1.5 BIDDER A Bidder is an individual or other entity submitting a Proposal for the advertised Wark. 1.6 CONTRACT The Contract Documents form the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. GenerallSpecs/Condtns.gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. - 1 - l.7 ,C01\1TF~i\C:T' DOCUI\1ENTS The Contract Documents consist of the follo\ving~ including an Addenda issued prior to the opening of bids, Field Orders, Change Orders or oIher Modifications issued after execution of the Agreement: (a) Dra\vings. (b) Specifications: (1) Bid DOCUD1ents (A..dvertisenlent, Addenda, Information to Bidders, Proposal and Bid Security); (2) Special Provisions; (3) General and Specific Requirements; (4) Conditions of the Contract (General and other conditions); (5) Performance Bond and Labor and Ivlaterial Payment Bond;. (6) Form of AgreelTI.ent; (7) Detail Plates and other dra\vings attached to specifications; 1.8 CONTRACT PRICE The n10neys payable by O\vner to Contractor under the Contract Documents as stated in the Agreement. 1.9CONTRACT'OR The Contractor is the person or entity or authorized representative thereof 11amed in the Contract Documents. 1.10 CHANGE ORDER A \vritten order to Contractor signed byO\vner authorizing an addition, deletion or revision in the \Vork, or an adjustment in the Contract Price or the-Contract Time issued after the effective date of the Agreement. 1.11 DAY A calendar day of t\venty..four hours measured from midnight to the next midnight. GeneraliS pee siC and EnS .gen ~l 1996 Bonesiroo. Rosene. Anderlik & Associmes, Inc. - L. - 1.12 DEFECTNE Refers to Work that is unsatisfactory, damaged, faulty or deficient, does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract" Documents. 1.13 DRAWINGS The Drawings are all plans, drawings (including revisions thereto) or reproductions thereof issued by the Engineer pertaining to the Work provided for in the Contract Documents. 1.14 ENGINEER The Engineer is the person or entity or authorized representative thereof named in the Contract Documents. 1.15 FJELD ORDER A written order issued by Engineer which orders minor changes in the Wark in accordance with Paragraph 10.2, but which does not involve a change in the Contract Price or the Contract Time. 1.16 FlNAL COMPLETION The W ork~ including any punch list items, has been completed in all respects in accordance \vith the Contract Documents. 1.17 l\IIODIFICA TION (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, or (c) a Field Order. 1.18 NOTICE OF AWARD The written notice by Owner to the apparent succ.essful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, Owner will sign and deliver the Agreement. 1.19 NOTICE TO PROCEED A written notice given by Owner to Contractor (with a copy to Engineer) fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform his obligation under the Contract Documents. Genera1JS pecslCondtns .gen @ 1996 Bonestroo. Rosene. Anderlik & Associates, Inc. .. 3 .. 1.20 OWNER The Owner is the person or entity.or authorized representative thereof named in the Contract Documents. 1.21 PERFORMANCE AND PAYMENT BONDS The Perfonnance and Payment Bonds are the approved form of security furnished by the Contractor and a Surety prior to the execution of the Agreement as a pledge of good faith on the pfu-t of the Contractor and the Surety in the event of the Contractor1sdefault, covering the Contractor's faithful performance under the Contract Documents and the payment of all obligations arising thereunder. 1.22 PROJECT The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.23 PROPOSAL The Proposal is the offer of a bidder to perform the Work described in the Bid Documents.when made out and submitted on the prescribed Proposal form, properly signed and secured. 1.24 RESIDENT PROJECT REPRESENT.lA.TNE The authorized representative of the Engineer who is assigned to the site or any part thereof. 1.25 SHOP DRAWINGS All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by Contractor, a Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of the Work and all illustrations, brochures, stfuldard schedules, performance charts, instructions, diagrams and other information prepared by a manufacturer, fabricator, supplier or distributor and submitted by Contractor to illustrate material or equipment for some portion of the Work. 1.26 SPECIFICATIONS That portion of the Contract Document generally bound in booklet form and consisting of the documents identified in Paragraph 1.7 (b) of the Conditions of the Contract. 1.27 SUBCONTRACTOR The Subcontractor is the person or other entity having a direct contract with the Contractor and acts for or on behalf of the Contractor in executing any part of the Contract, but does not include any separate Contractor or his Subcontractor or any material suppliers. GeneraliS pecs/Condtns.gen <9 1996 Bonestroo, Rosene, AnderJik & Associates, Inc. .. 4 .. 1.28 SUBSTANTIAL COMPLETION The Work (or a specified part thereot) has progressed to the point where, in the opinion of Engineer as evidenced by his certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it was intended; or if there be no such certificate issued, when final payment is due in accordance with Paragraph 9.10 and 9.11. The tenns "substantially complete" and Ifsubstantially completed" as applied to any Work refer to Substantial Completion thereof. 1.29 SURETY A Surety is the person or other entity executing the Contractorrs Bid, Performance and Payment Bonds. 1.30 WRITTEN NOTICE Written Notice shall be deemed to have been served if delivered in person or sent by registered or certified mail to the individual or other entity or to the last known business address of such individual or entity. It shall be the duty of each party to advise the other parties to the Agreement as to any change in the business address until completion and acceptance of the Work. 1.31 WORK The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Wark is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. SECTION 2 BIDDmG REQUIREMENTS 2.1 PROPOSAL FORMS The Owner will furnish Proposal Fonns to any qualified Bidder upon request. 2.2 INTERPRET A TION OF au ANTITY ESTIMATES The schedule quantities as listed in the Proposal are to be considered approximate only and may be increased, decreased or omitted as necessary to complete the Work as described in the Contract Documents. GeneraliS ~...csJCondtns .gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. - 5 - 2.3 EXAMlNA TION OF PLANS, SPECIFICATIONS AND WORK SITE Each Bidder is required to examine carefully the site of the Work, the Proposal Forms, Specifications and Plans. Sub;mission of a Proposal constitutes a representation by the Bidder that he has made such examination, has familiarized himself with the conditions to be encountered, the. character, quality and quantity of work to be performed and material to be furnished and has correlated his observations with the requirements of these Contract Documents. 2.4 ADDENDA Any Addenda issued prior to the time of receipt of Proposals shall be included in the Proposal and shall be made part of the Contract Documents. Receipt of each Addendum shall be acknowledged by the Bidder in his Proposal. 2.5 PREP ARA TION OF BID The bidder shall submit his Proposal on the Proposal Form provided by the Owner. All blank spaces in the Proposal must be filled in clearly and correctly in ink or typewritten. Any interlineation, alteration or erasure must be initialed by the signer of the ProposaL The Proposal shall be signed in ink by the individual or authorized representative making the Proposal. 2.6 RESERVATIONS AND/OR EXCEPTIONS Reservations or exceptions shall be clearly stated in writing and attached to the Proposal. They \vill be deemed to be a part of and incorporated into the Proposal. Bidders are advised that if -such reservations or exceptions constitute a substantial deviation from the advertised terms and conditions, their Proposals may be rendered non-responsive. The Bidder shall make no additional stipulations on the Proposal nor qualify it in any other manner. 2.7 BID SECURITY If so stipulated in the Advertisement for Bids, or Information to Bidders, each Proposal shail be accompanied by a Bid Security in the required form and amount pledging that the Bidder will enter into a Contract with the Owner on the terms stated in his Proposal and will, if required,fumish bonds as described hereunder in Section 6 covering the faithful performance of the Contract and the payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds, if required, the amount of the Bid Security shall be forfeited to the Owner as liquidated damages, not as a penalty. The Owner will have the right to retain the Bid Security of Bidders until either (a) the Agreement has been executed and bonds, if required, have been furnished by the Contractor to whom an award has been made or (b) the specified time has elapsed so that unaccepted Proposals may be withdrawn, or (c) all Proposals have been rejected~ GeneraliS pecs/Condtns .gen @ 1996 Bonestroo, Rosene. Anderlik & Associates. Inc. . - 6 - 2.8 DELIVERY OF PROPOSAL Each Proposal shall b,e placed in an opaque envelope and securely sealed. The envelope shall be so marked as to indicate the name and address of the Bidder, the type of work and the Project Designation. If mailed, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "PROPOSAL ENCLOSED" on the face thereof. All Proposals shall be in the office of the designated recipient before the time set for bid opening. 2.9 OPENING OF PROPOSALS Proposals will be opened publicly and read aloud at the time, date and place designated in the Advertisement. 2.10 EV ALVA TION OF PROPOSALS The Owner reserves the right to reject any Proposal if it shows any omissions, alterations, irregularities, is submitted subsequent to the time established in the Advertisement for Bids for receipt of bids, or is unaccompanied by any required Bid Security. The Bidder further acknowledges the right of the Owner to reject all Proposals and readvertise with the same or different Bid Documents. In any event, the Owner reserves the right to waive any informalities, irregularities or . minor deviations in the Proposal. On unit price Proposals, comparison of Proposals will be made on the basis of the stated unit prices and unit prices will control in the event of a discrepancy between the unit price and the extension or summation thereof. On fixed or lump sum price Proposals, comparison of Proposals will be made on the basis of the lowest price that is responsive to the Advertisement. 2.11 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION By submission of a Proposal, each Bidder certifies that: (a) The prices in the Proposal have been arrived at independently, with out consultation, communication or agreement as to any matters relating to such prices with any other bidder or with any competitor for the purpose of restricting competition; (b) The prices in the.Proposal have not been or will not be knowingly disclosed to any other bidder or competitor prior to the Owner's opening of the Proposals; (c) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition. GeneraVS pecs/Condtns .gen @ 1996 Bonestroo, Rosene. Anderlik & Associates. Inc. _ ..7.. SECTION 3 AWARD AND EXECUTION OF CONTRACT4 PROGRESS & COMPLETION OF WORK 3.1 AWARD OF CONTRACT When the lowest responsive Proposal of the lowest responsible bidder is accepted and. within the time limit established in the Advertisement for Bids, the Owner \vilI send him the necessary Contract Documents and a Notice that the contract has been awarded to him, subject to the furnishing of a Performance and Payment Bond, where required. 3.2 EXECUTION OF AGREEMENT The lowest responsible bidder shall, \vithin 15 days after receiving the Notice of A\\/ard and Contract Documents, sign the Agreement contained in the Contract Documents and return the signed Agreement and such Bonds and Insurance forms as the successful Bidder may be required to furnish to the Owner. 3.3 FAILURE TO EXECUTE AGREEMENT Upon the failure of the lowest responsible bidder to furnish an acceptable Bond, where required, or to execute the Agreement within the time above specified, the Owner may have the option to annul the award and retain the Bid Security accompanying the Bid as liquidated damages and not as a penalty. This shall not be the sole remedy of the Owner but upon default by the Bidder the Owner may adopt any legal remedy which it may see fit to adopt. 3.4 RETURi~ OF BID SECURITY All Bid Securities, except that of the lowest responsible bidder, will be returned within 45 days after the date of the opening of Proposals unless stated otherwise in the Special Provisions. The Bid Security of the lowest responsible bidder viill be returned upon receipt of the properly executed Agreement and Bond. 3.5 NOTICE TO PROCEED The date of commencement of the Work is the date set forth in the Notice to Proceed. Thereupon, the Contractor shall begin and shall prosecute the Work regularly and \vithout interruption, unless otherwise directed in writing by the Owner, with such manpower and equipment as is necessary to complete the Work within the time stated in the Contract Documents. GeneraliS pecs/Condtns.gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. - 8- 3.6 CONTRACT TTh1E The Contractor shall complete, in an acceptable manner, all of the Work contracted for in the time stated in the Contract Documents, subject only to extension for unforeseeable delays above and beyond the control of the Contractor and his Subcontractors and without their fault or negligence. Written notice of the Contractor's claim for such extension shall be given within ten (10) days of the occurrence of the event giving rise to the claim; otherwise the claim shall be waived. 3.7 SCHEDULE OF COMPLETION The Contractor shall submit, at such time as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts or the Wark and estimated dates of completion of the several parts. 3.8 COMPUTATION OF TIME When any period of time is referred to in the Contract Documents by days, it shall 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 shall be omitted from the computation. 3.9 LIQUIDATED DAMAGES 3.9.1 Time is the essence of the contract. The Contractor thereby agrees that the OVvner v/iI1 be entitled to liquidated damages for failure on the part of the Contractor to complete the Vv'ork within the time limits provided for in the Contract Documents. 3.9.2 Should the Contractor fail to complete the project on or before the specified date, liquidated damages in the amount specified in the Special Pro\'isions shall be deducted from any monies due or coming due to the Contractor or shall be paid to the O\vner not as a penalty but as liquidated damages for each and every calendar day that the contract shall remain uncompleted after the specified date for Completion. Liquidated damages are specified herein because of the extreme difficulty of ascertaining and establishing the actual damages which the Owner would sustain. SECTION 4 C01\TTRACT DOCUMENTS: INTENT AND REUSE 4.1 INTENT OF CONTRACT DOCUMENTS 4.1.1 The Contract Documents comprise the entire Agreement between Owner and Contractor concerning the Work. They may be altered only by a written Change Order. GenerallSpecslCondtns.gen @ 1996 Bonestroo, Rosene~ Anderlik & Associates, Inc. .... - ..9.. 4.1.2 The Contract Documents are complementary; \vhat is called for by one is binding as if called for by all. If, during the performance of the Work, the Contractor finds a conflict, ambiguity or discrepancy in the Contract Documents, he shall report it to engineer in writing at once and before proceeding with the Work affected thereby~ however, Contractor shall not be liable to Owner or Engineer for failure to report any conflict, ambiguity or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof or should reasonably have known thereof. 4.1.3 It is the intent of the Specifications and Drawings to describe a complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Wark that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well- known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code ineffe.ct at the time of opening of Bids (Of, on the. effective date of the Agreement if there were no Bids), except as maybe otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or Il0t specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities ofO\vner,Contractor or Engineer, or any of their agents or employees from those set forth. in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided for in Paragraph 4.4. 4.1.4 The Contract Documents shall be governed by the law of the place of the Project. 4.2 ORDER OF PRECEDENCE If there be a conflict between or among any of the terms or provisions of the Contract Documents, which conflict cannot be reconciled by resorting to the intent of the Contract Documents under Paragraph 4.1, the conflict shall be resolved by applying the following Order of Precedence: (a) Agreement; (b) Conditions of the Contract; (c) Special Provisions; (d) Specific Requirements; (e) General Requirements; (f) Drawings. GeneraliS pecslCond tns. gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. - 10 .. 4.3 DISCREPANCIES Any conflict, ambiguity or discrepancy in the Contract Documents, no matter how seemingly insignificant to the Contractor, shall be brought immediately to the attention of the Engineer ror clarification. Any Contractor who fails to bring any conflict, ambiguity or discrepancy to the attention of the Engineer of which it was or should have been aware, shall assume the risk of loss arising out of any such conflict, ambiguity, or discrepancy. 4.4 ADDITIONAL mSTRUCTIONS Further or additional instructions may be issued by the Engineer during the progress of the Work by the use of Dravvings or other means to clarify the intent of the Contract Documents or to explain or illustrate Changes in the Work or Field Orders. 4.5 DRAV\lINGS AND SPECIFICATIONS AT JOB SITE Contractor shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, Shop Drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be available to Engineer for examination and shall be delivered to Engineer for Owner upon completion of the Work. 4.6 OWNERSHIP OF DRAWINGS AND SPECIFICATION AND REUSE All original Drawings and Specifications and other data furnished by the Engineer are and shail remain his property. Copies thereof will be furnished to O\vner and are to be used only with respect to this Project and are not to be used on any other project or extensions of this Project \vithout the prior written consent of Engineer. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project are not to be construed as publication in derogation of the Engineer's common law copyright or other reserved rights. 4.7 DIMENSIONS Figured dimensions on the plans will be used in preference to scaling the Dra\vings. Any conflicts, ambiguity, or discrepancy, shall be immediately brought to the attention of the Engineer before proceeding with the affected Wark. Contractor shall assume the risk of loss for failure to bring to the attention of the Engineer such conflict, ambiguity, or discrepancy. GeneraliS pecslCondtns .gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. - 11 .. SECTION 5 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POmTS 5.1 A V AlLABILITY OF LANDS 5.1.1 Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be perfonned, rights-of-way for access thereto, and such other lands which are designated for the use of Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract Documents. 5.1.2 Contractor shall, at his expense, provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Contractor shall confine his machinery and equipment, storage of materials and operation of workmen to those areas described in the Contract Documents and such additional areas which he may provide at his expense. 5.2 PRIVATE PROPERTY The Contractor shall not enter upon private property for any purpose without obtaining written permission from the owner thereof, and he shall be responsible for the preservation of ail property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. He shall protect carefully from disturbance or damage all monuments and property markers until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed. 5.3 SURVEYS Unless otherwise specified, the Owner shall establish all base lines for the location of the principal component parts of the Wark together with a suitable number of bench marks adjacent to the \V ork. Based upon the information provided by the Owner, the Contractor shall develop and make all detail surveys necessary for construction, including batter boards, stakes for pile locations and other working points, lines and elevations. The Contractor shall be responsible for carefully preserving bench marks, reference points and stakes, and, in the case of destruction thereof resulting from his negligence or otherwise, the Contractor shall be charged with the expense and damage resulting therefrom and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such bench marks, reference points and stakes. GeneraUS pecsJCondtns.gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. . - 12 .. 5.4 UTILITIES The Contractor shall be solely responsible for verifying the exact location of all utilities, whether or not shown on the Drawings or referenced in the Specifications. Prior to the start or any construction, the Contractor shall notify all utility companies having utilities in the Project area. The Contractor shall have sole responsibility for providing temporary support and for protecting and maintaining all existing utilities in the Project area during the entire period of construction, including but not limited to the period of excavation, backfill and compaction. In carrying out this responsibility, the Contractor shall exercise particular care, whenever gas mains or other utility lines are crossed, to provide compacted backfill or other stable support for such lines to prevent any detrimental displacement, rupture or other failure. 5.5 mVESTIGA TIONS Reference is made to the Contract Documents for identification or those reports of investigations and tests of subsurface or latent physical conditions at the site or otherwise affecting cost, progress or performance of the Wark which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such reports or tests are not guaranteed as to accuracy or completeness and if incorporated into the Contract Documents, they shall be for general information only. Contractor shall be responsible for verifying site and subsurface conditions to his satisfaction prior to submitting a bid on the project. 5.6 UNFORESEEN PHYSICAL CONDITIONS Contractor shall immediately notify Owner and Engineer in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. Engineer v/ill promptly review those conditions and advise Owner in writing if further investigation or tests are necessary. Promptly thereafter, Owner shall obtain the necessary additional investigations and tests and furnish copies to Engineer and Contractor. If Engineer finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially fron1 those intended in tb.e Contract Documents, and which could not reasonably have been anticipated by Contractor, a Cl1ange Order shall be issued incorporating the necessary revisions. SECTION 6 mSURANCE. AND BONDS~ LEGAL RESPONSIBILITY A.ND PUBLIC SAFETY 6.1 mSURANCE 6.1.1 General: The Contractor shall not commence \vorlc under this contract until he has obtained all insurance required under this Section and shall have filed the certificate of insurance or the certified copy of the insurance policy with the Owner and Engineer. The Contractor shall not allow any Subcontractor to commence work on his subcontract until all insurance required for the Subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be canceled by tpe insurance company without thirty (30) days written notice to the Owner and Engineer of intent to cancel. GeneraliS pe.cs/Condtns.gen @ 1996 Bon-estroo, Rosene. Anderlik & Associates, Inc. -13.. Certificates of insurance shall be submitted on Standard Form C.I.C.C.-701 or ACORD 25 forms and shall specifically note the clause providing for 30 day written notice to the Owner and Engineer of intent to cancel. This clause shall read as follows: "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named to the left. t1 6.1.2 Workman's Compensation & Emplover Liabilitv Insurance: The Contractor shall secure and maintain during the life of this Contract, Workman's Compensation and Employer's Liability Insurance as required by law for all his employees to be engaged directly or indirectly in the work on the project under this Contract. In case any work is sublet, the Contractor shall require the Subcontractor to similarly provide Workmen's Compensation and Employer's Liability Insurance for all the latter's employees to be engaged directly or indire-ctly in such work. The Contractor shall also maintain insurance required under any other Employee Benefit Acts in force or required by law at the site of construction. 6.1.3 Contractor Comprehensive General & Automobile Liability: The Contractor shall procure and maintain during the life of this Contract, Contractor's Comprehensive General and A~utomobile Liability Insurance which shall protect him from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any Subcontractor ,or by anyone directly or indirectly employed by either of them. The insurance shall be in amounts listed below and shall provide coverage under the following hazards: 1. Operations of Contractor. 2. Operations of Subcontractor (Contingent). 3. Products, including completed operations. This insurance is to be carried fora period of one year after completion or acceptance of the work. 4. Contractual Liability (See Section 6.1.5). . 5. Property Damage. 6. Broad Form Property Damage. 7. All Owned, Non-Owned and Hired Vehicles. Minimum Limits - General Liability 1. Bodily inju,ry $500,000.00 each occurrence $500,000.00 completed operations GeneraLIS pecslCondtns .gen @ 1996 Bonestroo~ Rosene. Anderlik & Associates I Inc;. - 14 - 2. Property damage $100,000.0'0 each occurrence $200,000.00 aggregate Minimum Limits - Automobile Liability 1. Bodily injury $250,000.00 each person $500,000.00 each occurrence 2. Property damage $100,000.00 each occurrence $200,000.00 aggregate It is required that basic exclusions for damage caused by explosion, collapse and damage to underground facilities, commonly knovJn as X, C, U exclusions, be removed fron1 the policies and so indicated as covered in the declaration and on certificates of insurance. This provision of the Conditions of the Contract will be waived on above ground projects where hazards of explosion and/or collapse do not exist. The exclusion of explosion will be al10vled on underground projects where blasting is not required. In addition to all of the listed coverages, the Contractor shall procure and maintain an Uinbrel1a Excess Liability Policy in a minimum limit of $1,000,000.00. Any Umbrella Excess Liability policy in excess of $1,00'0,000 may be utilized to meet the above listed basic coverages. 6.1.4 Builder's Risk Insurance: Before commencement of the Wark, the Contractor shall provide Builder's Risk Insurance on a multiple peril form in the full amount of the total construction and material contract. Such insurance shall contain an appropriate rider to include as Additional Named Insureds, the Owner, the Engineer and his consultants, and each of their officers, employees and agents, all Subcontractors, the equipment Contractors and alloT their Subcontractors on the construction premises. Such insurance may have a deductible clause but the deductible amount shall be borne by the Contractor and shall not exceed $1,000.00. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and building only. The requirements of this section shall be waived on projects involving only underground utilities, grading, street improvements and similar construction \vork~ but any damage or loss to property shall be the sole responsibility of the Contractor until final acceptance of the Work. If the Owner finds it necessary to occupy or use a portion or portions of the Wark prior to substantial completion thereof, such occupancy shall not commence prior to a time mutually agreed to by the Owner and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This insurance shall not be cancelled or lapsed on account of such partial occupancy. Consent of the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. GeneraliS pecslCondtns .gen (Q 1996 Bonestroo, Rosene. Anderlik & Associat'es, Inc. . .. 15 .. The Owner and Contractor waive all rights against each other and the Subcontractors and their agents and employees and against the Engineer and separate Contractors (if any) and their Subcontractors1 agents and employees, for damages caused by fire or other perils to the extent covered by insurance provided under this section or any other property insurance applicable to the work. 6.1.5 Contractural Liability Insurance: To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of \vhether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. In any and all claims against the Owner or the Engineer or any of their agents or employees by arty employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of darn ages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker1s or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.1.6 Minimum Insurance Requirements: Losses other than those covered by insurance shall be the sole responsibility of the Contractors. The insurance requirements as set forth herein shall be considered to be minimum requirements only. Any other insurance that may be necessary to provide adequate coverage must be provided by the Contractors and shall be their sole responsibility. 6.1.7 Boiler Insurance: If a permanent boiler is to be installed as part of the project, the Owner will be responsible for maintaining all boiler and machinery coverage. This coverage vv'ill be placed in effect when the equipment is ready for inspection and operation. This coverage shall include..the interests of the Owner, the Contractor, Subcontractors and Sub-Subcontractors. 6.2 PERFORMANCE AND OTHER BONDS 6.2.1 Contractor shall furnish Performance and Payment Bonds; each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date of final payment, except asother\vise provided by la\v. Contractor shall also furnish such other Bonds as are required by the Contract Documents. All Bonds shall be in the forms prescribed by the Contract Documents and be executed by such Sureties as (A) are licens.ed to conduct business in the state where the Project is located, and (B) are.named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. GeneraVS pecslCondtns.gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. . -16- 6.2.2 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 clauses (A) and (B) of Paragraph 6.2.1, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to Owner. 6.3 PATENTS. FEES AND ROYALTIES Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the 'Nark of any invention, design, process, product or device \vhich 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 Vlork 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. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Wark or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. 6.4 PERMITS AND LICENSES All pennits and licenses necessary for the prosecution of the Wark shall be secured by the Contractor prior to the commencement of the Wark. Contractor shall also pay all public utility charges, governmental charges and inspection fees. 6.5 LA\VS~ REGULATIONS AND SAFETY 6.5.1 Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Wark. If Contractor observes that the Specifications or Drawings are at variance therewith, he shall give Engineer prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order or other Modification. If Contractor performs any Wark knowing or being in a position to know it to be contrary to such la\vs, ordinances, rules and regulations, and without such notice to Engineer, he shall b'ear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules and reguiations. 6.5.2 Contractor shall be responsible for initiating, maintaining and supervlsing all safety precautions and programs in connection with the Work. He shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (a) All employees on the Work and other persons who may be affected thereby; GenerallSpecslCond tns.gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. .-. . - 17 - (b) All the Wark and all materials or equipment to be incorporated therein, \vhether in storage on or off the site; and (c) Other property at the site or adjacent thereto, including trees, shrubs, lawns, \valks~ pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.5.3 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by the conditions (hId progress of the Wark, all necessary safeguards for its safety and protection. He shall notify owners of adjacent utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to in Section 6.5.2(b) and (c) caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor or any directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shail be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Wark is completed and Engineer has issued a notice to Ov/ner and Contractor that Work is acceptable. 6.5.4 Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in \vriting by Contractor to O\vner. 6.5.5 Contractor agrees to indemnify the Owner and Engineer and their agents and employees against all claims, demands, losses, damages and expenses (including attorneys' fees) arising out of or resulting from the Contractor1s violation of any safety law, regulation or code (including without limitation OSHA) or any other prudent precaution. 6.6 W ARNmG SIGNS AND BARRICADES The Contractor shall provide adequate signs, barricades, colored lights and/or watchmen and take all necessary precautions for the protection of the V/ork and the safety of the public. All barricades and obstructions shall be protected at night by colored signal lights which shall be kept in operation from sunset to sunrise. SECTION 7 ENGINEER-OWNER-CONTRACTOR RELATIONS: ARBITRATION: INDEMNlFICA TION 7.1 ENGINEER'S STATUS AND AUTHORITY 7.1.1 Engineer will b.e Owner1s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner1srepresentative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engineer. GeneraJiS pecs/Condtns .gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. ," 1 8 -- 7.1.2 Engineer will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Wark and to determine, in general, if the Work is. proceeding in accordance with the Contract Documents. Engineer is not required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of such visits and on-site observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defects and deficiencies in the Work. 7.1.3 If Owner and Engineer agree, Engineer will furnish a resident project representative to assist Engineer in observing the performance of the Work. The Resident Project Representative shall work under the authority and direction or the Engineer. The duties and responsibilities of the Resident Project Representative shall not exceed those duties and responsibilities of the Engineer as set forth in the Contract. It shall be to the discretion of the Engineer to delegate to the Resident Project Representative those duties and tasks that are vvithin the authority of the Engineer to perform. Ln general, the duties of the Resident Project Representative may consist of, but shall not be limited to, the follo\ving: 1. General contract administration. 2. Periodic observation of the work. 3. Unit price quantity and record plan measuren1ents. 4. Schedule, perform and verify tests and inspections. 5. Monitor Contractor's progress performance. 6. Provide information for the Engineer's revie\v and decision concerning disputes and defective work. 7.1.4 Engineer will issue with reasonable promptness such \vritten clarifications or interpretations or the Contract Documents (in the form or Drawings or other\vise) as Engineer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If Contractor believes that a \vritten clarification or interpretation justifies an increase in the Contract Price or Contract Time, Contractor may make a claim therefor as provided in Section 10 or Section 11. 7.1.5 Engineer will have authority to disapprove or reject Wark \vhich is defective, and will also have authority to require special inspection or testing of the Work as provided in Paragraph 8.10, whether or not the Work is fabricated, installed or completed. The Engineer shall not have charge of or control over the Vl orkand shall have no authority to stop the \Ai ork. GeneraliS pecs/Condtns .gen (g 1996 Bonestroo, Rosene, Anderlik & Associates~ Inc. ..19.. 7.1.6 Neither Engineer's authority to act under this Section 70r elsewhere in the Contract Do~uments nor any decision made by Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of Engineer to Contractor, any Subcontractor, any manufacturer, fabricator, supplier or distributor, or any of their agents or employees or allY other person performing any of the Work. 7.1.7 If a Resident Project Representative is assigned to the project, the purpose of his efforts shall be to provide a greater degree of assurance to theO\vner that the Work is constructed in conformance to the requirements of the Contract. The Resident Project Representative's efforts are for the benefit of the Owner alone. Neither his authority to act nor his decision to exercise or not exercise such authority shall give rise to any duty or responsibility to the Contractor, any Subcontractor, .any manufacturer, fabricator, supplier or distributor, or any of their agents or employees or any other person performing any of the Work. The Resident Project Representatives authority shall not exceed limitations on Engineer's authority as set forth in the Contract Documents nor shall the Resident Project Representative undertake any of the responsibilities or Contractor, Subcontractors, or Contractor's Superintendent. 7.1.8 Whenever in the Contract Documents the terms ltasorderedH, Has directed", Has requiredH, lias allowed", or terms of like effect or import are used, or the adjectives 'treasonable", "suitablell, "acceptableH, ITproper", or "satisfactory", or adjectives of like effect or import are used to describe requirements, direction, review or judgment of Engineer as to the Work, it is intended th'at such requirements, direction, rev i e'W' or judgment will be solely to evaluate the Work for compliance with the Contract Documents. The use of any such term or adjective never indicates that Engineer shall have authority to supervise or direct perfonnance of the Wark or authority to undertake responsibility contrary to the provisions of Paragraphs 7.1.9 or 7.1.10. 7.1.9 Engineer "viII not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and Engineer will not be responsible forContractor1s failure to perfonn the Work in accordance \vith the Contract Documents. 7 .1.1 0 Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractors, or of the agents or employees of any Contractor or Subcontractor, or of any other persons at the site of otherwise performing any of the Work. 7.2. CONTRACTOR'S RESPONSIB~ITIES 7.2.1. The Contractor shall supervise and directt~e 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. The Contractor shall b-e solely resp.onsible for the means, methods, techniques, quality of workmanship, sequences and procedures of construction. The Contractor shall be responsible to see that the finished work complies accurately with the Contract Documents. GeneraliS paves/Condtns. gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. . .. 20 .. A competent superintendent, who is acceptable to the Owner, shall be maintained on the Work site and give efficient supervision to the Wark until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be as binding as if given to the Contractor. It shall be the responsibility of the Contractor's superintendent to coordinate the work of all the Subcontractors. When required, the superintendent shall be present on the site to perform adequate supervision and coordination. Contractor shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any Subcontractors. All workmen must have sufficient knowledge, skill and experience to perform properly the worl( assigned to them. Any foreman and workrr!an employed by the Contractor or Subcontractor who does not perform his \vork in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall be removed immediately and shall not be employed again in any portion of the Work. 7.2.2. The Contractor's duties with respect to materials, equipment, inspection and workmanship are set forth in Section 8. 7.2.3. The Contractor's duties with respect to progress of the work are set forth in Section 3, paragraphs 3.6, 3.7, 3.8 and 3.9. 7.2.4. The Contractor' duties with res.pect to insurance and bonds,.legal responsibility and safety are set forth in Section 6. 7.3. OWNER'S RESPONSIBILITIES 7.3.1. The Owner shall issue all communications to the Contractor through the Engineer. 7.3.2. The O\vner shall furnish the data required of the Owner under the Contract Documents promptly and shall make payments as provided to the Contractor promptly after they are due. 7.3.3. The O\vner's duties in respect of providing lands and easements and providing' engineering surveys to estabiish reference points are set forth in paragraph 5.1 and 5.3. TheO\vner shall make available to the Contractor copies of reports of investigations and tests of subsurface and latent physical conditions. at the site or otheIVIise affecting perforrnanceof the work which have been relied upon by the Engineer in preparing the drawings and sp.ecifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. 7.3.4. In connection with the Owner's rights to request changes in the \vork in accordance \vith Section 10, the Owner (especially in certain instances as provided in paragraph 10.4) is obligated to execute Change Orders. GeneraVS pecs/Condtns. gen <9 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 21 - 7.3.5. The Owner's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 8.10.2. 7.3.6. In connection with Owner1s right to stop work or suspend work, see paragraphs 8.17 and 12.1. Paragraph 12.2 deals with the Owner1s right to terminate services of the Contractor under certain circumstances. 7.4 ASSIGNMENT OF COI\TTRACT The Contractor shall neither sublet, sell, transfer, assignor otherwise dispose of the Contractor any portion thereof, or of his right, title or interest therein, or his obligations thereunder, nor, if this Contractor is a corporate entity, sublet, sell, transfer or assign a majority of the outstanding shares of stock in the corporation, without prior written consent of the Owner. In case written consent is given, the Contractor will be pennitted to sublet a portion of the contract or corporate stock thereof, but shall perform, with his own organization, Wark amounting to not less than 50 percent of the total original contract price. No subcontracts or transfer of contract or corporate stock shall release the Contractor of his liability under the Contract or Bonds. 7.5 RIGHTS OF VARIOUS INTERESTS Wherever Work being done by the Owner's forces or by other Contractors is contiguous to Work covered by this Contract, the respective rights of the various interests involved shall be established by agreement to secure the completion of the various portions of the Work in general harmony. 7.6 SEPARATE CONTRACTS The Owner may let other contracts in connection \vith the Worlc of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their Wark. It shall be the Contractor's responsibility to inspect all work by other Contractors affecting his Work and to report to the Engineer any irregularities which will not permit him to commence or complete his work in a satisfactory manner. His failure to notify the Engineer of such irregularities shall indicate the work of other Contractors has been satisfactorily completed to receive his Work. The Contractor shall not be responsible for defects of which he could not have known through reasonable inspection thereof, which develop in the Work of others after the Work is completed. It shall be the responsibility of the Contractor to measure the completed work in place and report to the Engineer immediately any difference bet\veen completed work by others and the Drawings. GeneraliS pecs/Condtns.gen @ 1996 Bonestroo. Rosene, Anderlik & Associates, Inc. - - 22 - 7.7 SUBC01\TTRACTS Nothing herein shall create any legal relationship between the Owner or Engineer and any Subcontractor, and no Subcontractor shall have any rights under this Contractor's agreement with the Owner. The Contractor's award of subcontracts shall be subject to the following: 7.7.1 Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the Work. Subcontractors may not be changed except at the request or with the consent of the Owner. Contractor shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute against whom Owner or Engineer may have reasonable objection. A Subcontractor or other person or organization identified in writing to Owner and Engineer by Contractor prior to the Notice of Award and not objected to in writing by Owner or Engineer prior to the Notice of Award will be deemed acceptable to O\vner and Engineer. Acceptance of any Subcontractor, other person or organization by Owner or Engineer shall not constitute a waiver of any right of Owner or Engineer to reject defective Worl(. If Owner or Engineer after due investigation has reasonable objection to any Subcontractor, other person or organization proposed by Contractor after the Notice of Award, Contractor shall submit another acceptable Subcontractor at no change in the Contract Price. Contractor shall not be required to employ any Subcontractor, other person or organization against whom Contractor has reasonable objection. 7.7.2 Contractor shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts andonlissions of persons directly employed by Contractor. Nothing in the Contract Documents shall create any contractual relationship between Owner or Engineer and any Subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of O\vner or Engineer to payor to see to the payment of any moneys due any Subcontractor or other personar organization, except as may otherwise be required by la\v . Owner or Engineer may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to Contractor on account of specific Work done. 7.7.3 The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. 7.7.4 All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between Contractor and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer and contains. waiver provisions as required by paragraph 6.1.4. Contractor shall pay each Subcontractor a just share of any insurance moneys received by Contractor on account of losses under policies issued pursuant to paragraph 6.1.4. GeneraJJS pecslCondtns.gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. .. 23 .. 7.8 ORAL AGREEMENTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed upon waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 7.9 NONDISCRIMINATION IN EMPLOYMENT For Work under these Contract Documents, the Contractor agrees: (a) That in the hiring of common or skilled labor for the performance of any \vork under this Contract or any subcontract hereunder, no.Contractor,material supplier or vendor shall, by reason of race, creed, color or national origin, discriminate against the person or persons who are qualified and available to perform the Wark to which such employment relates; (b) That no Contractor, material supplier or vendor shall, in any manner, discriminate against or intimidate or prevent the employment of any person or persons, or on being hired, prevent or conspire to prevent any person or persons from the performance of the Work under this Contract on account of race, creed, color or national origin. (c) Violation of t11is section shall be cause for cancellation or termination of the ..Agreement bet\veen Owner and Contractor. 7.10 DECISIONS ON DISAGREEMENTS 7.10.1 Claims, disputes, disagreements, or other matters in question bet\tveen the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to the Engineer for decision which he will render in writing within a reasonable time. 7.10.2 Any claim, dispute, disagreement or other matter that has been referred to the Engineer, except any which has been waived by the making or acceptance of final payment, shall be subject to arbitration under Paragraph 7.11 below upon the written demand of either party. However,no demand for arbitration of any such claim, dispute or other matter may be made until the earlier of the date on which the Engineer has rendered his written decision,or the tenth day after the parties have presented their evidence to the Engineer or have been given a reasonable opportunity to do so, if the Engineer has not rendered his written decisio~ by that, date. GenerallSpecslCondtns.gen @ 1996 Bonestroo, Rosene, Anderlik & Associates. Inc. - 24- 7.10.3 If a decision of the Engineer is made in writing and states that it is final but subject to appeal, no demand for arbitration of a claim, dispute or other matter covered by such decision may be made later than thirty days after the date on which the party making the demand received the decision. The failure to demand arbitration within said thirtydayst period will result in the Engineer's decision becoming final and binding upon the Owner and the Contractor. If the Engineer renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but \viiI not supersede any arbitration proceedings unless the decision is acceptable to the parties concerned. 7.11 ARBITRATION 7.11.1 All claims, disputes and other matters in question 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, or barred by failure to demand arbitration within the time limits specified, shall be decided by arbitration in accordance with the Construction Industry Arbitration Ruies of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. Pre-arbitration discovery shall be conducted in accordance with Rules 26 through 37 of the Federal Rules of Civil Procedure. No arbitration relating to the Contract Documents shall include by consolidation, joinder or othenvise, any person or entity (including the Engineer), not a party to this Agreement without the written consent of such other person or entity. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration la\v. The a\vard rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. 7.11.2 Notice of the demand for arbitration shall be filed in \vriting with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the Engineer. The demand for arbitration shall be made within the time limits specified and in all other cases within a reasonable time after the claim, dispute or other mattf.r in question has arisen, and in no event shall it be made after the 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 or limitations. 7.11.3 The Contractor shall carryon the Wark and maintain the progress schedule during any arbitration or other legal proceedings, unless otherwise agreed by him and the Owner in \vriting. 7.12 INDEMNIFICA T!ON To the fullest extent pennitted by law, the Contractor shall indemnify and hold harrrJess the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom~ and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which \vould otherwise exist as to any party or person described in this Section. GeneraliS pecsJCondtns.gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. . - 25 - In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or workmenls compensation acts, disability benefit acts or other employee benefit acts. SECTION 8 MATERIALS~ EOUIPMENT~ INSPECTIONANDWORKMft3.NSHIP 8.1 MATERIALS AND EOUIPMENT FURNISHED BY CONTRACTOR 8.1.1 Contiactor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel~ power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, illitial operation and completion of the Wark. 8.1.2 All materials used in the Wark shall be of good quality , new unless otherwise provided for in the Contract Documents, shall meet the requiren1ents of the Specifications, and shall not be incorporated into the Work until reviewed by the Engineer. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. 8.1.3 All materials and equipment shal1.be applied, installed, connected, erected, used~ cleaned and conditioned in accordance \vith the instructions. of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents. 8.2 EOUrv ALENT MATERIALS p.~ND EOUJPMEI\TT Whenever materials or equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular manufacturer, fabricator, supplier or distributor, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers or distributors may be accepted by Engineer if sufficient information is submitted by Contractor to a11o~~ Engineer to determine that the material orequipment proposed is equivalent to that named. The procedure for review by Engineer will be as set forth in paragraphs 8.2.1 and 8.2.2 below as supplemented in the General and Specific Requirements. GeneraVS pecslCondtns.gen @ 1996 Bonestrooy Rosene. Anderlik& Associates, Inc. :. 26 - 8.2.1 Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of. material or equipment Contractor shall make written application to Engineer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the Wark will require a change in the Drawings or Specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with ~he Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance~ repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other Contractors affected by the resulting change, all of which shall be considered by Engineer in evaluating the proposed substitute. Engineer may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. Engineer will be the sole judge of acceptability, and no substitute \vill be ordered or installed without Engineer's prior written acceptance. Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety \vith respect to any substitute. 8..2.2 Engineer \-viII record time required by Engineer and Engineerfs consultants in evaluating substitutions proposed by Contractor and in making changes in the Drawings or Specifications occasioned thereby. Whether or not Engineer accepts a proposed substitute, Contractor shall reimburse Owner for the charges of Engineer and Engineerts consultants for evaluating any proposed substitute. 8.3 MATERIALS FURNISheD BY O\VNER 8.3.1 Materials specifically indicated shall be fumishe-d by the Owner. Before incorporating any of the materials into the Work, the Contractor shall inspect the materials so furnished by' the Owner. If the Contractor discovers any patent defects in material furnished by the Owner, he shall notify the Engineer. 8.3.2 Unless otherwise noted or specifically stated, materials furnished by the Owner are considered to be f.o.b. the nearest railroad station or truclc line. The Contractor shall transport the materials to the job site, unload and properly protect all such materials from damage or loss. The Contractor shall be responsible for material loss or damage after receipt of materials at the point of delivery. 8.4 STORAGE OF MATERIALS Materials shall be so stored by the Contractor as to insure the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard, clean surfaces, and/or they shall be placed under cover and not on the ground. Stored materials shall be located so as to facilitate prompt inspection. Private property shall not be used for storage purposes without the \vritten permission of the Owner or lessee thereof. GeneraVSpecslCondtns.gen @ 1996 Bonestroot Rosene. Anderlik & Associates, Inc. - 27 .. 8.5 SAMPLES All samples called for in the Specifications or required by the Engineer shall be furnished by the Contractor and shall be submitted to the Engineer for his review. Samples shall be furnished so as not to delay the commencement or completion of the Project. The Contractor shall furnish such samples of material as may be required for examination and testing. All materiaisand workmanship shall be in accordance \vith approved samples. All samples of materials for tests shall be ta!(en according to methods provided for in the Specifications. 8.6 FURNISHING OF PRODUCT DATA Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other infonnati on furnished by the Contractor to iliustrate a material,. product or system for some portion of the Wark. 8.6.1 The Contractor shall furnish one copy, or such additional copies as may be required .by the Special Provisions, of complete Product Data for every manufactured item of equipment and all components to be used in the Work, including specific performance data, material description, rating} capacity, working pressure, material gage or thick.l~ess, brand name, catalog number and general t)rpe. 8.6.2 This data shall be compiled by the Contractor and reviewed by the Engineer before any of the equipment is ordered. 8.6.3 All data shall be indexed according to specification section and paragraph for easy reference. 8.6.4 After revievv, this data shall become a part of the Contract, and may not be deviated from except upon written approval of the Engineer. 8.6.5 Product Data for equipment reviewed by the Engineer does not in .any case supersede the Contract Documents. The review by the Engineer shall not relieve the Contractor from responsibility for deviations from Drawings or Specifications unless he has in \vriting called the Engineer's attention to such deviations at the time of furnishing said data. Nor shall such review relieve the Contractor from responsi~ility for errors of any sort in the items furnished. TheContractof shall check the W orkdescribed by the Product Data with the Contract Documents for deviations and errors. 8.6.6 It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes or equipment thai the final installation shall suit the intent and meaning of the Drawings and Specifications. 8.6.7 Where equipment requiring different aITangementofconnections from those shown is allowed, it shali be the responsibility of the Contractor to instali the equipment so as to allow for proper operation and in harmony \vith the intent of the Drawings and Specifications, and to make all changes in the work required.by the different arrangement of connections. GeneraVSpecsfCondtns .gen @ 1996 Bonestfoo, Rosene. Anderlik & Associates, Inc. _ - 28 - 8.6.8 Product Data shall be promptly submitted by the Contractor after he has reviewed, checked and approved the data to determine if they are in harmony with the requirements of the Project and with the provisions of the Contract Documents and after he has verified all field measurements and construction criteria, materials, catalog numbers and similar data. In submitting the Product Data, the Contractor certifies that the work represented by the data has been coordinated with the Contract Documents and all relevant field conditions. 8.7 QUALITY OF EOUIPlVIENT AND I\1ATERIALS 8.7.1 In order to establish standards of quality, the Engineer, in the Specifications, has referred to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design unlessotheryvise specificaliy stated in the Specifications (see Section 8.2 for substitution procedure). If a product referenced by catalogue name or number is no longer available, Contractor shall recommend to Owner and Engineer another product of comparable quality. 8.7.2 The Contractor shall furnish the complete list of proposed desired substitutions prior to executing the Agreement, together with such engineering and Product Data as the Engineer may require. 8.7.3 The Contractor shall abide by the Engineer1s recommendation when proposed substitute materials or items of equipment are not recommended for installation and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted in writing by the General Contractor and not by individual trades or material suppliers. The Engineer will revie\v proposed substitutions and make his recommendation in writing v.;ithin a reasonable time. 8.8 SHOP DRAWINGS 8.8.1 The Contractor shall provide Shop Drawings, settings, schedules and such other drawings as may be necessary for the prosecution of the Wark in the shop and in the field as required by the Drawings, Specifications or Engineer's instructions. Deviations from the Drawings and Specifications shall be called to the attention of the Engineer at the time of the first submission of Shop Drawings and other drawings for approval. The Engineer's review of any drawings shall not release the Contractor from responsibility for such deviations. 8.8.2 Shop Drawings shall be promptly submitted by the Contractor after he has revievved, checked and approved the data to determine that they are in harmony with the requirements of the Project and with the provisions of the Contract Documents and after he has verified all field measurements and construction criteria, materials, catalog numbers and similar data. By submitting the Shop Drav/ings, the Contractor certifies that the work represented by the Shop Drawings has been coordinated with the Contract Documents and all relevant field conditions. GenerdlS pecs/Condtns .gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. - 29- 8.8.3 Shop Drawings shall be submitted according to the following schedule: (a) Not less than three copies or such other number of copies as may be required by the Special Provisions shall be submitted \vith reasonable promptness and in such sequence as to. prevent delay of the Wark. (b) The Engineer shall, within fourteen (14) days of the submittal of any Shop Drawings, return one copy to the Contractor marked with Engineer's comments. (c) The Contractor shall then promptly make any necessary corrections or changes.to the Shop Drawings to conform to the comments made by the Engineer. (d) Following completion of such corrections or changes, the Contractor shall promptly resubmit to the Engineer the required number of copies of the revised Shop Drawings. 8.8.4 Engineer will review with reasonable promptness Shop Drawings and samples, but Engineer1s review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, sequences, techniques or procedures of construction or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate review of the assembly in which the item functions. Contractor shall make any corrections required by Engineer and shall retum.the required number of corrected copies of Shop Drawings and resubmit ne\v samples for review. Contractor shall direct specific attention in \vriting to revisions other than the corrections called for by Engineer on previous submittals. Contractor's stamp of approval on any Shop Drawing or sample shall constitute a representation to Owner and Engineer that Contractor has either determined at,d verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or assumes full responsibility for doing so, and that Contractor has reviewed or coordinated each Shop Dravving or sample\vith the requirements of the Vlark and the Contract Documerlts~ 8.8.5 Where a Shop Drawing or sample is required by the Specifications, no related Work shall be commenced until the submittal has been reviewed by Engineer. 8.8.6 Engineer1s review of Shop Drawings or samples shall not relieve Contractor from responsibility for any deviations from the Contract Documents unless Contractor .has in writing called Engineer's attention to such deviation at the time or submission and Engineer has given written concurrence with the specific deviation, nor shall any concurrence by Engineer relieve Contractor from responsibility for errors or omission,s in the Shop Dra\vings. 8.9 ACCESS TO AND OBSERVATION OF WORK 8.9.1 Engineer and Engineer's representatives, other representatives of Owner, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspection and testing. Contractor shall provide proper and safe conditions for such access. GeneraVSpecslCond tns. gen @ i 996 Bonestroo, Rosene. Anderlik & Associates. Inc. - 30- 8.9.2 All materials and equipment and each part or detail of the. Wark shall be subject at all times to observation by the Engineer and the Owner, and the Contractor \vill be responsible for strict adherence to the intent of the Contract Documents in regard to quality of materials, workmanship, and the diligent execution of the Work. Such observations may include mill, plant, or shop inspection, and any material furnished under these Specifications is subject to such observation. The Engineer and Owner shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make such observations. 8.10 TESTS AND mSPECTIONS 8.10.1 Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests or approvals. 8.10.2 If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested, or approved~ Contractor shall assume full responsibility therefor, pay all costs in connection therewith and furnish Engineer the required certificates of inspection, testing or approval. Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with Owner's or Engineer1s acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Wark, or of materials or equipment submitted for approval prior toContractorfs purchase thereof for incorporation in the Work. The cost of all other inspections, tests and approvals required by the Contract Documents shall be paid by Owner (unless otherwise specified). 8.10.3 All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed by organizations selected by or acceptable toO~/ner or Engineer. 8.10.4 If any Wark that is to be inspected, tested or approved is covered vvithout \vritten concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover such Wark and Engineer has not acted with reasonable promptness in response to such notice. 8.10.5 Neither observations by Engineer nor inspections, tests or approvals by others shall relieve Contractor from his obligations to perform the "Vork in accordance with the Contract Documents. GeneraliS pecslCondtns. gen <9 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. - 31 - 8.11 UNCOVERThTG WORK If any Work is covered contrary to the wiitten request or Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. If Engineer considers it necessary or advisable that covered W orkbe visually examined by Engineer or inspected ortested by others, Contractor, at Engineer's request, shall uncover, expose or otherwise makea\~ailabie for observation, inspection or testing as Engineer may require, that portion of the \V ork in question, furnishing all necessary labor, materiai and eql.l:~pment. If it is fou-ndthat such Workisdef~ctive, Contractor shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price cran extension of the Contract Time, or both, directly attributable to such uncovering,exposure, observ.ation, inspection, testing and reconstruction if he makes a claim therefor as provided herein. 8.12 CUTTmG AND PATCHING The Contractor shall do all necessary cutting, fixing or patching of the Work that may be required to make its several parts fit together properly, or to properly receive the W orkof the various trades, or, as required by the Drawings and Sp-ecifications, to complete the Work. He shall restore all. such cut or patched \vork as approved by the Engineer. Cutting of existing structure that shall endanger the Work, adjacent property, workmen or the public shall notb,edone. 8.13 WARRANTY AND GUARANTEE Contractor warrants and guarantees to Owner and Engineer. that all vVork~ including materials and equipment, will be in accordance \vith the Contract Documents and will not be faulty or defective. Prompt notice of all defects shall be given to Contractor upon discovery. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in paragraph 8.15 and 8.16. This warranty and guarantee shall be in addition to and notin limitation or any other warranty or guarantee required by lav/ or by these Contract Documents, including the provisions of paragraph 8.14. 8.14 TVlO YEAR CORRECTIOI~ PERIOD If within two years after the date of final acceptance of the project by the Owner or such longer period of time as may be prescribed by law or by L~e terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, fuiY Work is found to be defective, Contractor shall promptly, without cost to Ov/ner and in accordance with Ownerts written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site and replace it with non-defective Work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, of Engineer or others, shall be paid by Contractor. This obligation shall survive any termination of the Agreement between Owner and Contractor. GenerallSpecs/Condtns .gen @ 1996 Bonestroo, Rosene, Anderlik & Associates. Inc. - 32 - 8.15 CORRECTION OR REIvl0V AL OF DEFECTIVE WORK If required by Engineer, Contractor shall promptly, without cost to O\vner and as specified by Engineer, either correct any defective Work, whether or not fabricated, installed or completed, Of, if the Wark has been rejected by Engineer, remove it from the site and replace it with non-defective Wark. 8.16 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, also Engineer) prefers to accept it, Owner may do so. In such case, if acceptance occurs prior to Engineer's recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the 'Contract Price; Of, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by Contractor to Owner. 8.17 O-WNER MAY STOP THE WORK If the Work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, OVJner may order Contractor tastop the \V ork, 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 or any other party. 8.18 OWNER MAY CORRECT DEFECTIVE WORK If Contractor fails within a reasonable time after written notice of Engineer to proceed to correct the defective Work or to remove and replace rejected Work as required by Engineer in accordance \vith Paragraph 8.15, or if Contractor fails to perfonn the Work in accordance with the Contract Documents (including any requirements of the progress schedule), Owner may, after seven days' written notice to Contractor, and Contractor's Surety, correct and remedy any such deficiency. In exercising its rights under this paragraph, OV/ner shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from all or part of the site, take possession .of all or part of the V/ork, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Wark 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 such access to the site as may be necessary to enable Owner to exercise its rights under this paragraph. All direct and indirect costs of Owner in exercising such rights shall be charged against Contractor in an amount reviewed by Engineer, and such amounts shall be deducted from the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Wark attributable to the exercise by Owner of Owner's rights hereunder. GeneraliS pecslCondtns.gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. - 33 - SECTION 9 rvIEASUREMENT~ PAYMENT AND PROJECT ACCEPTANCE 9.1 DETA~ED BREAKDOWN OF CONTRACT AMOUNT Except in cases where unit prices form the basis for payment under the Contract Documents, the Contractor shall, within ten (10) days of receipt of the Contract Documents, submit an itemized b~e*down of the Contract Amount having the value, including an allowance for profit and overhead, assigned to each part of the Work. Unless the breakdown of the Contract Amount is objected to by the Owner, it shall be used as the basis for all Requests for Payment. 9.2 REOUEST FOR PAYMENT The Contractor may submit periodically, but not more than once each month, a Request for PaymeIlt for Worl( done and materials delivered and stored on the site. Payment for materials stored on the site will be conditioned on the following: (a) The Contractor shall submit evidence to establish the Ov/nerls title to such materials. (b) Acceptable provisions have been made for storage. (c) The Contractor shall provide and maintain insurance against all loss, theft, vandalism, damage and similar peril for the full value of the stored material. The insurance on the stored material shall name the Owner as insured~ Each Request for Payment shall be itemized and computed from the Work completed on all items listed on the Detailed Breakdown of Contract Amount. Where unit prices are specified, the Request for Payment shall be based on the quantities completed. The Owner shall pay to tl1eContractor an amount not to exceed 950/0 of the amount earned under the Contract subject to the approval outline~d in Section 9.3 and the provisions of Section 9.4 and 9.5. However, \\Then the "Vork required under the Contract is 950/0 or more completed, upon recommendation of the Engineer, such portions of the retained money shall be released as the Owner determines are not required to be retained to protect the Owner's interest in satisfactory completion of the Contract. At the option of the Contractor, retainage shall be paid to the Contractor in accordance wit.n the follo\ving: The Contractor may deposit bonds or securities with the Owner or in any bank or trust company to be. held in lieu of cash retainage for the benefit of the Owner. In that event, the Owner shaH reduce the retainage in an amount equal to the value of the bonds and securities and pay the amount of the reduction to the Contractor. The interest on the bonds or securities shall be payable to the Contractor as it accrues. Bonds and securities deposited or acquired in lieu of retainage shall be of a character approved by the state treasurer including, but not limited to: a. Bills, certificates, notes or bonds of United States; b. Other obligations of the United States or its agencies; GeneraVS pecs/Condtns .gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. . - 34 .. c. Obligations of any corporation wholly owned by the federal government; and d. Indebtedness of the Federal and National Mortgage Association. If the Owner incurs additional costs as the result of the exercise of the option described in this. paragraph, the Owner may recover the costs from the Contractor by reducing the final payment due under the contract. As work on the contract progresses, the Owner shall, upon demand, inform the Contractor of all accrued costs. 9.3 ENGINEER'S ACTION ON A REQUEST FOR PAYMENT Within ten (10) days of submission of any Request for Payment by the Contractor, the Engineer shall recommend to Owner: (a) Approval of the Request for Payment as submitted; or, (b) Approval of such other amount as Engineer shall consider is due the Contractor, infonning the Contractor in \vriting of his reasons for recommending approval of the modified amount; or, (c) Withholding of the Request for Payment, informing the Contractor in writing of his reasons for recommending withholding of the Request. 9.4 OWNER'S ACTION ON AN APPROVED REOUEST FOR PAYMENT Within thirty (30) days from the date of recommending approval of a Request for Payment by the Engineer, the Owner shall: (a) Pay the Request for Payment as recommended by the Engineer. (b) Pay such other amount in accordance with Section 9.5 as Owner shall decide is due the Contractor, informing the Contractor and the Engineer in writing of the reasons for paying the modified amount. (c) Withholding payment in accordance with Section 9.5 informing the Contractor and the Engineer in writing of O\vner's reasons for \vithholding payment. 9.5 OWNER'S RIGHT TO WITHHOLD PAYMENT 9.5.1 The Owner rnaywithhold payment in whole or in part to the extent necessary to protect itself from loss on account of any of the following causes: (a) Violation of any of the terms of the Contract DOCUITlents. (b) Defective work not ren1edied, or completed work which has been damaged. (c) Reasonable evidence indicating potential filing of claims by other parties against the Contractor or Owner. GeneraliS pn-....csICondtns.gen @ 1996 Bonestroo, Rosene. Anderiik & Associates. Inc. , - 35 - (d) Failure of the Contractor to make payments to Subcontractors, materialmen or suppliers. (e) Damage to the Owner or any other person. (f) Contractor's unsatisfactory prosecution of the work. 9.5.2 When any of the above grounds for which payment is being withheld is remo,ved, payment shall be made for the amount withheld. 9.5.3 Should the Owner fail to pay a Request for Payment within 30 days from the date of recommendation of approval by the Engineer and should he fail to inform the Engineer and Contractor in writing of the reasons for withholding payment, the Owner shall pay to the Contractor simple interest on the past due amount at an annuai rate equal to the monthly index of long tenn United States bond yields for the month prior to the month in which the obligation is incurred plus an additional one percent p,er annum. 9.6 CONTRACTOR'S WARRANTY OF TITLE Contractor warrants and guarantees that title to all Wark, materials and equipment co.vered by any Application for Payment, whether incorporated in the Project or not, v/ill pass to Owner at the time of payment free and clear of all liens, clairns, security interests and encumbrances (hereafter in these Conditions of the Contract referred to as "Lienslf). 9.7 SUBSTANTIAL COMPLETION 9.7.1 When Contractor considers the entire \Vark ready for. its intended use Contractor shall, in writing to Owner and Engineer, certify that the entire Work is substantially complete and request that Engineer issue a proposed Certificate of Substantial Completion. Viithin a reasonable time thereafter, Owner, Contractor and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Wark substantially complete, Engineer \vill notify Contractor in writing giving his reasons therefor. If Engineer considers the \Vork substantially complete, Engineer will prepare and deliver toOvvner a proposed Certificate of Substantial Completion v"hich shall fix the date of Substantial Completion~ There shall be attached to the proposed Certificate a list of items C1punch lisf') to be completed or corrected before final payment. 9.7.2 Owner shall have seven days after receipt of tile Certificate during \vhich he may make written objection to Engineer as to any provisions of the Certificate or attached list. If, after considering such objections, Engineer concludes that the Wark is not substantially complete, Engineer will within fourteen days after submission of the proposed Certificate to Owner notify Contractor in writing, stating his reasons therefor. If, after consideration of Owner's objections, Engineer considers the Wark substantially complete, Engineer will within said fourteen days execute and deliver to Owner and Contractor a final Certificate of Substantial Completion (with any revised list of -items to be completed or corrected) reflecting such changes from the proposed Certificate as he believes justified after consideration of any objections from Owner. At the time of delivery of the proposed Certificate of Substantial Completion Engineer \\'i11 deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security~ operation, safety, maintenance, heat, utiiities and insurance. GenerallSpecslCondtns4gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. - 36 .. Unless Owner and Contractor agree otherwise in writing and so inform Engineer prior to his issuing the final C-ertificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. Owner shall have the right to exclude Contractor from the Work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the list of items to be completed or corrected. 9.8 PARTIAL UTILIZATIOl~ Use by Owner of completed portions of the work may be accomplished prior to Substantial Completion of all the Work subject to the following: 9.8.1 Owner at any time may request Contractor in writing to permit Owner to use any part of the Wark which Owner believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If Contractor agrees, Contractor will certify to Owner and Engineer that said part of the Wark is substantially complete and request Engineer to issue a proposed Certificate of Substantial Completion for that part of the Work. 9.8.2 Within a reasonable time thereafter Owner, Contractor and Engineer shall make an inspection of that part of the Wark to determine its status of completion. If Engineer does not consider that part of the Wark to be substantially complete, Engineer vvilI notify Owner and Contractor in writing giving his reasons therefor. If Engineer considers that part of the Wark to be substantially complete, Engineer will execute and deliver to Owner and. Contractor a proposed Certificate' t<Ylhat effect, fixing the date of Substantial Completion as to that part of the Wark, attaching thereto a list of items to be completed or corrected before final payment. 9.8.3 Prior to issuing a Certificate of Substantial Completion as to part of the Work, Engineer "viII deliver to Owner and Contractor a written recommendation as to the division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, utilities and insurance for that part of the Work which shall become binding upon Owner and Contractor at the time of issuing the final Certificate of Substantial Completion as to that part of the Work unless Owner and Contractor shall have otherwise agreed in writing and so informed Engineer. Owner shall have the right to exclude Contractor from any part of the Work which Engineer has so certified to be substantially complete, but Owner shall allow Contractor reasonable access to complete or correct items on the list of items to be completed or corrected. 9.8.4 In lieu of the issuance of a Certificate of Substantial completion as to part of the Work, Owner may take over operation of a facility constituting part of the Work whether or not it is substantially complete if such facility is functionally and separately usable; provided, that prior to any such takeover, Owner and Contractor have agreed as to the division of responsibilities between O\\'TIer and Contractor for security, operation, safety~ maintenance, correction period, heat, utilities and insurance with respect of such facility. 9.8.5 No occupancy of _part of the Work or taking over of operations of a facility will be accomplished prior to compliance with the requirements of Section 6.1.4, Paragraph 3, in respect of property insurance. GeneraliS pecslCondtns. gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. .-. , - 37 - 9.9 FINAL INSPECTION Upon written notice from Contractor that the Work is complete, Engineer will 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 remedy such deficiencies. 9.10 FINAL APPLICATION FOR PAYMENT After Contractor has completed all items to be completed or corrected to the satisfaction of Engineer and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents and other documents --all as required by the Contract Documents, and after Engineer has indicated that the Wark is acceptable (subject to the provisions of Section 9.12), Contractor may make Application for Final Payment following the procedure for progress payments. The Final Application for Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedujes as Engineer may reasonably require, together with complete and legally effective releases or \vaivers (satisfactory to Owner) of all Liens arising out of or filed in connection \vith the \Jlork. In lieu thereof and as approved by OV/ner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien .could be filed; a representation that all payrolls, material and equipment bills, and other indebtedness connected\vith the Wark for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and, consent of the Surety, if any, to final payment. If any Subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full, Contractor shall furnish a Bond or other collateral satisfactory to OV/ner to indemnify Owner against any Lien. 9.11 FINAL PAYMENT AND ACCEPTANCE 9.11.1 If, on the basis of Engineer's observation of the VI orkduring construction and final inspection, and Engineer's review of the Final Application for Payment and accompanying documentation, all as required by the Contract Documents, Engineer is satisfied that tIle Work has been completed and Contractor has fulfilled all of his obligations under the Contract Documents, Engineer will, within ten days after receipt of the Final Application for Payment, indicate in writing his recommendation of payment and present the application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable subject to all applicable provisions of the Contract Documents. Other\vise, Engineer will return the Application to Contractor, indicating in \vriting the reasons for refusing to recornnlend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. GeneraliS pecs/Condtns .gen @ 1996 Bonestroo~ Rosene. Anderlik & Associates, Inc. - 38 -- 9.11.2 If the Application and accompanying documentation are appropriate as to form and substance, Owner shall, within thirty days after receipt thereof pay Contractor the amount recommended by Engineer. If, through no fault of Contractor, final completion of the \Vork is significantly delayed thereof and if Engineer so confirms, Owner shall, upon receipt of Contractor's Final Application for Payment and recommendation of Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the Wark fully completed and accepted. 9.11.3 If any 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 herein, the written consent of the Surety to the payment or the balance due for that portion of tbe 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. 9.12 CONTRACTOR'S CONTINUING OBLIGATION Contractor's obligation to perfonn and complete the Work in accordance ~vvith the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by Engineer, nor the issuance of a Certificate of Substantial Completion, nor any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy or the Work or any part thereof by Owner, nor any act of acceptance by Ov/ner nor any failure to do so, nor the issuance of a notice of acceptability by Engineer pursuant to Sections 9.10 or 9.11, nor any correction of defective Worle by Owner shall constitute an acceptance of Work not in accordance \vith the Contract Documents or a release of Contractor's obligation to nerform the \\'ork in accordance \vith the '-' J. Contract Documents. 9.13 WANEROFCLAIMS The making and acceptance of final payment shall constitute: 9.13.1 A waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective work appearing after final inspection pursuant to Section 9.9 or from failure to comply with the Contract Documents or the terms of any special warranties or guarantees specified therein; however, it shall not constitute a \vaiver by Owner of any rights in respect to Contractor's continuing obligations under the Contract Documents; and 9.13.2 A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. GeneraliS pecslCond tns.gen @ 1996 Bonestroo, Rosene. Anderlik & Associates. Inc. .. 39 - SECTION 10 CHANGES IN THE WORK 10.1 CHANGE ORDERS Without invalidating the Agreement, Owner may, at any time or from time to time, order additions, deletions or revisions in the Work; these vlill be authorized by Change Orders. Upon receipt of a Change Order, Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase ordecrease in the Contract Price or an extension or shortening of the Contract time, an equitable adjustment will be made as provided in Section 10 or Section 11 on the basis. of a claim made by either party. 10.2 rlliLDORDERS Engineer may authorize minor changes in the Work not involving an adjustment in the Contract Price or the Contract Time, which are consistent \vith the overall intent of the Contract Documents. These may be accomplished by a Field Order and shall b.e binding on Owner, and also on Contractor who shall perform the change promptly. If Contractor b.elieves that a Field Order justifies an increase in the Contract Price or Contract Time, Contractor may make a claim therefor .as provided herein. 1 0.3 UNAUTHORIZED WORK Additional Work perfoITI1ed \vithout authorization of a Change Order will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency. 10.4 ENGWEER RECOMMENDATIONS Owner shail execute appropriate Change Orders prepared by Engineer covering changes in the V\T ark which are required by Owner, or required b-ecause of unforeseen physical conditions or emergencies, or because of uncovering Work found not to .bedefective, or because of an)' other claim of Contractor for a change in the Contract Time or the Contract Price which is recommended by Engineer. 10y5 NOTICE OF CHANGE TO SURETY If notice of any change affecting the general scope of the W orkor change in the Contract Price is required by the provisions of any Bond to be given to the Surety, it will be Contractor's responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly. Contractor shall furnish proof of such adjustment to Owner. GeneraliS pecs/Condtns.gen @ 1996 Bonestroo, Rosenet Anderlik & Associates, Inc. < - 40 - 10.6 CLAIIVIS FOR ADDillONALCOSTS If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Engineer written notice thereof within ten (10) days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which.case the Contractor shall proceed in accordance with Paragraph 10.7. No such claim shall be valid unless so made. If the Owner and t.l-}e Contractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be referred to the Engineer in accordance with Paragraph 7.8. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order. If the Contractor claims that additional cost is involved because of but not limited to (1) any written interpretation of the engineer, (2) any order by the Owner to stop the Work where the Contractor was not at fault, (3) any written order for a minor change in the Wark or (4) failure of payment by the Owner, Contractor shall make such claim as provided in this Subparagraph. 10.7 WORK DURING AN EMERGENCY 10.7.1 In any emergency affecting the safety of persons or property, the Contractor shall act to prevent threatened damage, injury or loss. In all cases he shall, as soon as practicable, notify the Owner of the emergency and he shall not wait for the instructions before proceeding to protect both life and property. 10.7.2 Any additional compensation or extension of time claimed by the Contractor on account of said emergency work shall be determined under Paragraph 10.6. SECTION 11 CHANGE OF CONTRACT PRICE A-NDC01'1TRACT TIME 11.1 CONTRACT PRICE The Corltract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Price. GenerallS pecslCondtns. gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. ..41.. 11.2 CHANGE IN CONTRACT PRICE 11.2.1 Except where u it prices form the basis for payment under the Contract Documents, the Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to Owner and Engineer \vithin ten (10) days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered v.lithin thirty (30) days of such occurrence unless Engineer . allows an additional period of time to ascertain accurate cost data. All claims for adjustment in the Contract Price shall be determined by Engineer if Owner and Contractor cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. 11.2.2 Where unit prices form the basis of payment and the quantity of any item of Work as.given in ~he Proposal is increased or decreased, payment for such item will be made on the basis of actual quantity completed, at the contract unit price for such item. 11.3 BASIS OF CHA~GE The method of determining the cost or credit to the Owner resulting from a change in the work shall be determined and mutually agreed upon by Owner and Contractor in advance of performance of the change in \vorl( in one or more of the following ways: 11.3.1 By mutual acceptance of a lump sum pioperly itemized, 11.3.2 By unit prices stated in the Contract Documents or subsequently agreed upon (unitprices shall include an allowance for Contiactor's main office expense~ overhead, profit and bond), or 11.3.3 By actual cost of the changed work, plus an allo\vance for overhead, supervision and profit, as defined as follows: 1. The !leost of the changed work'. shall r.oean costs necessarily incurred in the proper performance of the changed work and paid by Contractor at rates not higher than the standard paid in the ioeality of the worl( (except with prior consent of theO\vner) as more specifically defined as follovY's: a. The cost of the changed work shall include: (1) Wages paid for labor in the direct employ of Contractor in the performance of.the changed work in the field or in the fabrication shop .under applicable collective bargaining agreements or under a salary or wage schedule agreed upon by Contractor and Owner, plus a payroll markup of 40 percent to cover all overhead items applicable to payroil, such as insurance, taxes,F.I~C.A., workmen's compensation, unemployment taxes, and union benefits. (2) Cost of all materials, supplies and equipment incorporated in the changed \vork. GeneraVSpecslCondtns.gen <9 1996 Bonestroo, Rosenet Anderlik & Associates, Inc. - 42- (3) Cost, including maintenance of all materials, supplies, equipment, temporary faciiities and hand tools owned by workmen, which are consumed in the perlorrnance of the changed work, and cost less salvage value on such items used but not consumed which remain the property of the Contractor. (4) Rental charges of all necessary machinery and equipment, exclusive of hand tools, used in performing the changed work, including installation, minor repairs and replacements, dismantling, removal, transportation and delivery costs thereof at rental charges consistent \vith those prevailing in the area. (5) Cost of additional premiums for all bonds and insurance which the Contractor is required by the Owner or contract documents to purchase and maintain and which is incurred as a result of performing the changed work. (6) Sales, use or similar taxes, related to the changed work and for \vhich the Contractor is liable, imposed by any governmental authority. (7) Permit fees, royalties, damages for infringement of patents and costs of defending suits therefore, and deposits lost for causes other than the Contractor1s negligence. (8) Losses and expenses, not compensated by insurance or other\vise sustained by the Contractor in connection with the changed work provided they have resulted from causes other than the sole or joint fault or neglect of the Contractor, any Subcontractor, 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 the Ovvner. No such losses and expenses shall be included in the cost of the changed work for the purpose of determining the Contractor's fees thereon. If, however, such loss requires reconstruction and the Contractor is placed in charge thereof, he shall be paid for his services an additional fee computed in proportion to the sum stated above for the original changed work. (9) Cost of "drayage,1I exclusive of any drayage between shop and jobsite, only when Contractor must hire an independent trucking firm and driver to perform special drayage services in p,erformance of the changed work for which Contractor's skills, manpower and vehicles are inadequate. "Drayage" does not include transportation performed or which could have been performed by Contractor's drivers or vehicles but for their use on another project. (10) Costs incurred due to an emergency arising out of the charlged work affecting the safety of persons and property. ( 11) Other costs incurred in the performance of the changed work if and to the extent approved in advance in writing by the O\vner. GeneraliS pecs/Condtns .gen @ 1996 Bonestroo. Rosene, Anderlik & Associates, Inc. , -.43- (12) Cost of Subcontractors in perfonning theContractorls work as changed shall be computed in accordance with this paragraph 11.3.3, computed in accordance with clauses 11.3.1, .2, or .3. b. The cost of the changed \vork shall exclude: (1) Salaries or other cOlllpensation for Contractor's officers, executive, general managers, project managers, estimators, engineers, timekeepers, surveyors, mechanics, \varehousemen, auditors, accountants, purchasing and contracting agents, draftsmen (except sheetmetal draftsmen), stenographers, receptionists, and other staff employees, whether or not employed at Contractor's principal office, branch, office or field office at the job site. (2) Expenses of Contractor's principal office, branch office or job site field office, including without limitation the expense for pickup trucks, office trailers, storage trailers, rental of office or storage space, telephone, heat, lights, etc. (3) Ownership cost of maintenance expenses for Contractor-o\vnedequipment, including without limitation all construction equipment, trucks fuld vehicles, machines and all other o\vned equipment required for Contractor's performance of the Work. (4) Cost for purchas~ and maintena~ce of.lo91s,materials, supplies and facilities not consumed during construction or incorporated In the work. (5) Contractor's capital expense,. including interest onContractorts capital employed for the work. (6) Overhead or general e.xpenses of any kind, including but 110t limited to office or fabrication shop overhead or drafting and printing costs, except as may be expressly included in clause 11.3.3.1a above. (7) Costs due to the negligence of Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or for \vhose acts any of them may be liable, including but not limited to injury or damage to persons or property, the correction of defective work, disposal of materials and equipment wrongly supplied, or making good any damage to property. (8) The cost of any item not specifically and expressly included in the terms described in clause 11.3.3.1 a above. GenerallSpecs/Condtns. gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. . - 44- 2. Allowances for profit, overhead and nonreimbursable costs shall be computed as follows: a. For the Contractor: (1) A minimum of 5% up to a maximum of 15% (the actual rate dependent of the Contractor's performance and assumed risks as determined in the sole discretion of the Owner) of all reimbursable costs defined in clauses 11.3.3.1a (1) through (12) above, and (2) A minimum of 30/0 up to a maximum of 70/0 (as determined at the sole reasonable discretion of the Owner) for the work of Subcontractors supervised by the Contractor as computed in accordance with clause 11.3.3. No fee \vill be allowed on Subcontractor work not supervised by the Contractor. (3) For first, second, and other tier Subcontractors claiming compensation for changed work under clause 11.3.3.1(a) (12), their allowances shall be determined at the sole reasonable discretion of theOv/ner consistent with percentages in subclause (2) directly above. (4) The Owner shall have the right to examine, inspect, copy and audit the books and records of any Contractor or Subcontractor making claim for reimbursement for costs arid allowances hereunder in order to verify the accuracy, correctness, completeness and propriety of all costs and allowances claimed. 11.4 CH~ANGE OF CONTRACT TIIvIE 11.4.1 The Contract Time may only be changed by a Change Order. i\ny claim for an extension in the Contract Time shall be based on written notice delivered to O\vner and Engineer within ten (10) days of the occurrence of the event giving rise, to the claim. I'lotice of the extent of the claim with supporting data shall be delivered within thirty (30) days of such occurrence unless Engineer allows an additional period of time to ascertain more accurate data. All claims for adjustment in the Contract Time shall be determined by Engineer if Ovvner and Contractor cannot otherwise agree. An)' change in the Contract Time resuiting from any such claim shall be incorporated in a Change Order. 11.4.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of Contractor if a claim is made therefor as provided in paragraph 11.4.1. Such delays shall include, but not be limited to, acts or neglect by Owner, or to fires, floods, labor disputes~ epidemics, abnormal weather conditions, or acts of God. 11.4.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this paragraph 11.4 shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party. GenerallSpecslCondtns .gen @ 1996 Bonestroo, Rosene. Anderlik & AssOCiates, Inc. . - 45 .. SECTION 12 SUSPENSION OF WORK AND TERMIl'rATIOr~ 12.1 OWNER MAY SUSPEND WORK Owner may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Contractor and Engineer which shall fix the date on which Work shall be resumed. Contractor shall resume the Work on the date so fixed. Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefor as provided in Sections 10 and 11. 12.2 OWNER MAY TERMlNATE 12.2.1 Upon the occurrence of anyone or nlore of the following events: (a) If Contractor is adjudged a bankrupt or insolvent, (b) If Contractor makes a general assignment for the- benefit of creditors, ........ (c) If a trustee or receiver is appointed for Contractor or for any of Contractor IS prGperty~ (d) If Contractor files a petition to take advantage of any debtorls act, or to reorganize under the bankruptcy or similar la\vs, (e) If Contractor repeatedly fails to supply sufficient skilled \vorkmen or suitable materials or equipment, (f) If Contractor repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment, (g) If Contractor disregards lavy's, ordinances, rules, regulations or orders of any public body having jurisdiction, (h) If Contractor disregards the authority of Engineer, or (I) If Contractorother\vise violates in any substantial way any provisions of the Contract Documents, GeneraliS pecs/Condtns.gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. . - 46 .. Owner may after giving Contractor and his Surety seven days' written notice, terminate the services on Contractor, exclude Contractor from the site and take possession of the ~Work and or 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 ror trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored else\vhere, and finish the Work as OVv'ner may deen1 expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Wark, including compensation for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by Owner shall be verified by Engineer and incorporated in a Change Order, but in finishing the Work, Owner shall not be required to obtain the lowest figure for the Wark performed. 12.2.2 Where Contractor's services have been so terminated by O\vner, the tennination shaH not affect any rights of Owner against Contractor then existing or which may thereafter acc.rue. ..Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. 12.2.3 Upon seven days I written notice to Contractor and Engineer, OVvner may, \vithout cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. 12.2.4 If, after notice or termination for failure to fulfill contract obligations, it is deteI1T\ined that the Contractor has not defaulted, the termination shall be deemed to have been effected ror the convenience .of the Owner and the Contractor shall be paid in accordance \vith paragraph 12.3. 12.3 CONVENlENCE TERMINATION BY THE OWNER The Owner reserves the right to terminate the Work under this contract in whole, or from tilne to time in part, and said tennination for convenience shall not be construed as a breach of the Contract. If the Contract is terminated for convenience, the Owner shall give the Contractor written notice specifying the extent the W orkof the Contract that is being terminated and the effective date of said termination. Upon receipt of the notice of termination, the Contractor shall stop vvork on the date and to the extent specified. The Contractor shall place no further orders nor incur any further costs for the terminated parts of the Work. The Contractor shall further terminate all orders and subcontracts relating to the terminated part of the Wark. The Owner shall pay the Contractor for the value of the Wark terminated as completed to the termination date together with a reasonable profit on the completed Work, but no damages or costs or lost profits. Disposition of the completed parts of the terminated work, materials, equipment and other tangible property shall be made as agreed upon by the Owner and Contractor. The title to any property and materials retained by the Owner shall accrue to the Owner immediately upon payment by the Owner to the Contractor. GeneraliS pecs/Condtns .gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. . .. 47 .. 12.4 CONTRACTOR MAY STOP WORK OR TERMThTA TE If, through no act or fault of Contractor, the Wark is suspended for a period of more tl1an ninety d.ays by Owner or under an order of court or other public authority ~ or Engineer fails to act on any Application for Payment within thirty days to pay Contractor any sum finally determined. to be due, the Contractor may, upon seven daysl written notice to Owner and Engineer, terminate the Agreement and recover from Owner payment for all Wark executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if Engineer has failed to act on an Application for Payment or Owner has failed to ma..1(e any payment as aforesaid, Contractor may upon seven days' notice to Owner and Engineer stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve Contractor of his obligations to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with Owner. SECTION 13 MISCELLANEOUS 13.1 LTh1IT A TION OF LIABILITY In no event, either as a result of breach of contract, negligence, or otherwise, shall theOw~eror Engineer or their agents or Employees be liable for damages or loss of profits, loss of use, loss of revenue, loss of bonding capacity ,or any other special, indirect or consequential damages of any kind. To the extent the Contract Documents allow any liability to be imposed, the total liability of the Owner and Engineer for any loss, claim, or damage arising out of this agreement or the performance or breach thereof, shall be limited to the value or the work performed. 13.2 REMEDIES The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor herein and all of the rights and remedies available to Owner and Engineer thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them \vhich are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph shall 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. All representations, warranties and guarantees made in the Contract Documents shall survive final payment and tennination or completion of this Agreement. GeneraliS pecslCondtns.gen <9 1996 Bonestroo. Rosene, Anderlik & Associates. Inc. - 48 - 13.3 PUBLICCONVENlENCE The Contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work, and to insure the protection of persons and property. No road or street shall be closed to the public except with the permission of the O\\'ner and proper governmental authority. Fire hydrants on or adjacent to the Work shall be kept accessible to fire-fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidewalks and the proper functioning of all gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed. 13.4 CROSSmG UTILITIES. ETC. Where the prosecution of tl1e -Work results in the crossing of high\vays, railroads, streets or utilities under the jurisdiction of state, county, city or other public or private entities, the Contractor shall secure written permission frail1 the proper authority to cross said highway, railroad, street or utility before further prosecuting the Work. A copy of the written document granting permission shall be filed with the Owner and Engineer before any Work is done. The Contractor shall be required to obtain a written release from the applicable authority upon completion of the Vv" ark. A copy of this written release shall be filed with the Owner and Engineer before final acceptance of the Vvork is granted. 13.5 SANITARY PROVISIONS The Contractor shall provide and maintain such sanitary facilities for the use of his employees and those of his Subcontractors as may be necessary to comply with ~he la\vs, rules or regulations of the Federal, State and local governments, or agencies or departments thereof. 13.6 PRESERVATION OF HISTORICAL OBJECTS 13.6.1 Where historical objects of potential archeological or paleontological nature are discovered within the areas on which the Contractor's operations are in progress, the Contractor shall restrict or suspend his operations in the immediate area of the discovery as may be necessary to preserve the discovered objects until the Owner has made arrangements ror their disposition or has recorded the desired data relative thereto. 13.6.2 The Contractor shall immediately notify the Owner of any historical objects he may discover or become aware of as the Work is being prosecuted, and shall aid in the preservation and salvage program decided upon, as may be requested or ordered by the Owner. No VVork which the Contractor considers to be Extra Wark shall be performed without the written authorization of the Owner. GeneralJSpecs/Condms. gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. . - 49- 13.6.3 The Owner shall have the right to restrict or suspend the Contiactorts operations in the immediate area where historical objects are discovered for a period not to exceed 72 hours, withollt claim being made by the Contractor for any damages he might suffer asa re~,ttlt thereof. Any restrictions imposed shall not remain in effect for a period exceeding 72 houFs'unless mutually agreed to in writing. 13.7 USE OF PREMISES Contractor shall confine construction equipment, the storage of Inaterialsandequipment and the operations or workmen to areas permitted by law, oidinances,permits or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. GeneraliS pecs/Condtns. gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. . ~ 50 - FORM OF AGREEMENT THIS AGREEMENT, made and signed this 26th day of July , 2000, by and between City of New Hope, hereinafter called the "Owner", and G L Contracting Ine hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for the consideration hereinafter stated, agree as follows: ARTICLE I. The Contractor hereby covenants and agrees to perform and execute all the provisions of the drawings and specifications as prepared by Bonestroo, Rosene, Anderlik & Associates, Inc., of St. Paul, Minnesota, and indicated below under ARTICLE IV, as provided by the Owner for: Storm Water Improvements, City Project No. 691, BRA File No. 34-00-125 and to do everything required by this Agreement and the Contract Documents. ARTICLE II. The Contractor agrees that the Work contemplated by this Contract shall be fully and satisfactorily completed on or before the completion date(s) as specified. ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the conformed copy of Proposal Form hereto attached, which prices shall conform to those in the accepted Contractor's Proposal on file, the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be $101,493.32 or One hundred one thousand four hundred ninety-three and 32/100 Dollars. The contract is awarded on the Base Bid plus Alternate 1 minus Item Nos. 24, 39, & 40. ARTICLE IV. The Contract Documents shall consist of the following component parts: (a) Drawings (b) Specifications: (1) Bid Documents (Advertisement, Addenda, Information to Bidders, Proposal and Bid Security); (2) Special Provisions; (3) General and Specific Requirements; (4) Conditions of the Contract (General and other conditions); (5) Performance and Payment Bond; (6) Agreement; (7) Detail Plates and other drawings attached to specifications @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 51 I: \34\3400 125\ W ord\Specifications\Con tract_ Condi tions\p51-61.doc " General Construction Contract Between Owner & Contractor This Agreement, together with the document hereinabove mentioned, form the Contract and all documents are as fully a part of the Contract as if attached hereto or herein repeated. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the day and year first above written. Attest: The City of New Hope (Seal) ~"r" ( l",-, _' ' ,.'f-'/ Il,('.' 1, If/} j-I [', I) [ ,::"1..---, r- ,r' vC~,,'-vCX-,< /-fU-'i / lJL- By By OWNER //~:<:...... In the,}1resence of: ~=,=(:S G ~ Conttactinglnc CONTRACTOR By /"::\Z,~/~~,""-<'-'~:.' '<~r(_L, ",~ ______________ .... :<i,:.\ J-,,,:' .' .~ ....:~.....~... ....~....;::;..........~~....,......_~:.:..:.::... ....,,;.. .............~ TITLE .....:/'..., CERTIFICATE OF ACKNOWLEDGEMENT State of Minnesota ) ","< . . ) S S . County 0 f\_lJLlL:;LfL/Ai}, On this day, t'~4~j_,f.iLi fj l , 2000, before me personally appeared Ii .1, f:tllcY"ilcf":- , to meUpersonally known, being by me duly sworn, did say that he is the Representative of the City of New Hope, that the seal affixed to the foregoing instrument is the seal of said City of New Hope, and that said instrument was executed on behalf of the Owner, and said ,D,fji"?<]~/r-:r7 ,/ acknowledged the instrument to be the free act and deed of said CitY of New Hope. , // ./' r /. .' ..' (~_/':l'7/&~IP./~.'->:::)G-Lj-ta--({J/&f' (Notarial Seal) Signature of Notary Public t/ @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 52 1:\34\3400 125\ W ord\Specifications\Contract_ Conditions\pS l..{). Ldoc- General Construction Contract Between Owner & Contractor CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is individual or partnership) State of Minnesota ) ) SS. County of ) On this day of , 2000, before me personally appeared , to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that _he executed the same as the free act and deed of the individual. (Notarial Seal) Signature of Notary Public CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) State of Minnesota ) ) SS. County of 7'/ t/j'v,>_j{,?7 'i'~--)-' On this 2~ b day of "j , 2000, before me personally appeared :> jr",,..'iC,,? ~/v ~,4t:?'-"/{,~ .~;",>-" an.d-. , to me personally known who, being by me duly sworn, each did say that they are respectively the p {:~~ f:;"'~ L '? ~i"~"\_/, aE.,tl~' of G L Contracting Ine, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority o~+~i~~~d2f,,~DiJectors and said and _ ac~~~~c''''''~~e the free act and deesI of the corporation. f~'} fi l.Ib~Ot:~ / I /~~ ~ (Not~.rIaTsea~~<~~(:;'~'~~gnature of Notary Public @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 53 1:\34\3400 125\ W ord\Spe,cifications\Contract_ Conditions\pSl..61.doc- General Construction Contract Between Owner & Contractor GLeON ;.A.c:;ORD;,...;.GER."'IIElb.lX.fElS:d.eiINSW_liit.r....::i><.. .... ................<.......:<>.;....; DATE (MM/DDNY) :::':,::, -..'.':':-:':-:< :>>.',', .'...... .. -, . .:??:': ::':'::;: :': ' '<.:::::."> .-::::..=.. :::.:::::.:::::::::. ,.::. ::::'. )>/>:'... .>?_ .. .'::: .:>::::::.' '__ :':,.. ,:-','_ ,<::..:-. .-::.'::', .' . :':':. ,'., <: .::-. '::/: ;.::?;'?/:</:::t:=:::::<:(=:::\t\?< .. - -.. ..-c,:,::::::';:,,:'.:.:.':',"':, .,.'.... . 0 7 / 2 6 / 0 0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MA ITER OF INFORMATION Cedarleaf I Cedarleaf &Cedarleaf ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 360 W Larpenteur Ave HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POBox 6471 7 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5 516 4 COMPANIES AFFORDING COVERAGE Saint Paul, MN G L Contracting, 4300 Willow Drive Medinal MN 55340 Inc COMPANY ACNA I COM~~Y COMPANY C I COM~ANY Insurance Companies INSURED THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 08t I TYPE OF INSURANCE I A I GENERAL LlABIUlY I X COMMERCIAL GENERAL LIABILITY I_I CLAIMS MADE [XJ OCCUR i _ OWNER'S & CONTRACTOR'S PROT X Prol ect Aqq 1- A I AUTOMOBILE LIABILITY fXl ANY AUTO ~ ALL OWNED AUTOS SCHEDULED AUTOS LxJ HIRED AUTOS H NON-OWNED AUTOS ~RAGe LIABILITY R ANY AUTO A I EXCESS LIABIUTY fXl UMBRELLA FORM n OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERS'llABILlTY POUCY NUMBER 1 POLICY EFFECTIVE I POUCY EXPIRA nON I 1 DATE (MM/DDIYY) DATE (MM/DDNY) 04./01/00 104/01/01 I GENERAL AGGREGATE PRODUCTS..cOMP/OP AGG UMITS C135059047 1$2,000 000 IS1, 000,000 PERSONAL & ADV INJURY I sl ,- 0 0 0 , 0 0 0 I EACH OCCURRENCE Is1 , 000 I 000 FIRE DAMAGE (Anyone fire) Is 100 I 000 I MED EXP (Anyone person) Is 5 , 000 104/01/00 04/01/011 I ,COMBINED SINGLE LIMIT $1, 000 I 000 Is Is Is Is 1-;;::::=-::,::>,:-:,.:-:.:.: ,'.' .,... EACH ACCIDENT 1$ AGGREGATE Is o 4 / 0 1 / 0 0 0 4 / 0 1 / 0 1 I EACH OCCURRENCE 1 $5 1 0 0 0 I 0 0 0 I AGGREGATE Is5 1 000 , 000 Is 04 / 01/ 0 0 04/ 0 1/ 01 X I STATUTORY LIMITS LH))::.rtH(}':::}:}:\)':(:::::::::/ EACH ACCIDENT Isla 0 I 0 0 0 I DISEASE.POLlCY LIMIT 1 $5 0 0 , 0 0 0 o ISEASE- EACH EM PLOYEE 1$10 0 I 0 0 0 BODILY INJURY (Per person) C117587219 CI017587222 BODILY INJURY (Per accident) I PROPERTY DAMAGE I AUTO ONl Y-EA ACCIDENT OTHER THAN AUTO ONLY: WC117587236 THE PROPRIETOR! PARTNERS/EXECUTNE OFFICERS ARE: OTHER RI INCL EXCL DESCRIPTION OF OPERA T10NS/lOCA 110NSNEHICLES/SPECIAL ITEMS Job: Public Works Storm Water Improvements City Project No 691 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL MAIL 3..0.- DAYS WRITTEN NOTICe TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of New Hope 4401 Xylon Ave New Hope I MN 55428 .. AUTHO~DR:?J:S€NTA~~CiuL- -. . .... . ApQRP252~(~/~3jl()fl:m.#M6:939.:::::.::i;:::::\;::::::[rit:::::~;:::tAM::.~A(;6RPOPRPQRA:tIQif1~93 Bond No. 54~113522 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that G L Contracting Ine as Principal (hereinafter called Contractor) and, ~On1ted Fire & C.asu.al ty Company as Surety (hereinafter called Surety) are held and firmly bound unto City of New Hope as Obligee (hereinafter called Obligee) in the amount of $101,493.32 or One hundred one thousand four hundred ninety-three and 32/100 Dollars for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The contract is awarded on the Base Bid plus Alternate 1 minus Item Nos. 24, 39, & 40. .,- -; _ r);{" WHEREAS, Contractor has by written agreement dated JULy LO , 2000, entered into a contract with the Obligee for construction of Storm Water Improvements, City Project No. 691, BRA File No. 34-00-125 in accordance with Drawings and Specifications prepared by Bonestroo9 Rosene9 Anderlik & Assoc., Inc. which contract is by reference made a part hereof: and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract in conformance with the Contract Documents, and all guaranty, indemnity and warranty obligations specified therein, and shall promptly and faithfully remedy any breach of its obligations under the Contract Documents discovered within the time limits set by statute for commencement of actions, and shall pay any damages for unexcused late completion, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration, changes or extension of time made by the Obligee. Whenever the Contractor shall be, and declared by the Obligee to be in default under the Contract, the Surety may promptly remedy the default, or shall promptly: (1) Complete the Contract in accordance with its terms and conditions, or if appropriate, @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 54 1:\34\3400 125\ W ord\Specifications\Contract_ Conditions\p51-6 Ldoc- General Construction Contract Between Owner & Contractor 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Surety, and Surety shall pay such bidder pursuant to such contract, while the Obligee shall pay the Surety the cost of completion, up to but not exceeding the balance of the contract price. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the Obligee to Contractor under the Contract and any amendments thereto, less the amount paid by the Obligee to Contractor, of if appropriate, (3) Promptly pay such sums to the Obligee as the Obligee may be entitled from the Contractor under the Contract Documents, or for the breach thereof, but not exceeding the amount set forth in the first paragraph hereof: The surety agrees to be bound by any award granted to the Obligee against the Contractor in arbitration or judicial proceedings commenced pursuant to the Contract Documents. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the successors of the Obligee. Signed and sealed this 26tb. day of July. , 2000. G Ir Contr;lcting Ine , :". . , By Contractor .Ii f>:C:..~.... .~:.~..:."..~" ~;.,_>"....//i::~ ~ " ~'. . ...."'.., ---..,.. -- Signature n;~\ri{1 g~ St0"S.11RO"n (Typed or Printed name of Signer) .-"^"....-;;:::...::.-..~- I ! Title Presiclent C::;~;;"''i,'?~- Witness By Signature (Typed or Printed name of Signer) Title @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 55 1:\34\3400 125\ W ord\Speci fications\Con tract_ Condi tions\p51..61.;doc. General Construction Contract Between Owner & Contractor (If the Contractor is a partnership or joint venture, all partners or co-venturers must execute this Bond.) UNITED FIRE & CASUAL TYCOEfPMrf Surety ~Sl 00 BO:2S: 73909~Ced..ar Rapids9 L\. 52407 Address C JJ ~ . Afl} /1..,./) / ..../ .j .'./1 ./ .f"'- Witness J!.".... l O. . ,,;-:7. '.-"."'" .. . ,~v ~,c,"l,7 1-800=343="9130 Phone No. ~ R~~~":~~' ,~~/(?~,~L:/~ ,,.,,,,,.'f,e 4' / / . _m /// Sign~ture '/ /' ,/" Jack Cedarleai""/II //,..... (Typed or Printed name of Signer) Title Attorln,e'y~..in""'"fac.t 360 ~r~ Larpen.teu!: A"ile f: St~ Paul, l<1.N 55113 (Local Address & Telephone Number) (The attorney-in-fact shall attach hereto a copy of his power of attorney or other documents which authorizes him to act on behalf of and to bind the surety.) @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 56 1:\34\3400 125\ W ord'8pecifications\Contract_ Condi tions\p51..{il.doc- General Construction Contract Between Owner & Contractor CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL (For use where Contractor is individual or partnership) State of Minnesota ) ) SS. County of ) On this day of , 2000, before me personally appeared , to me known to be the person described in and who executed the foregoing bond, and acknowledged that _he executed the same as the free act and deed of the individual. (Notarial Seal) Signature of Notary Public CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) State of Minnesota ) ) SS. County of ) On this 26th day of July . 2000, before me personally appeared afitf DavidGe S'J7anson , to me personally known who, being by me duly sworn, did say that they are respectively the President Stp~ , ofG L Contracting Ine that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directors, and said Ilavj.~.:::^~:~o S ~ ,-,>-"~.>::~;?;,~ acknowledged the instrument to be the free act and deed corporation. ~ "1//;, :~7 ." t~ .^~-, .~;;S~~} .",,~~~,J------. </ -' (Notarial Seal) Signature of Notary Public !JDTITED FIPili &C,ASUltT.JTt COt1PP:,.rrY,f) Po 00 BOX 73909,SJ CEDllli RAPIDS;I U\ 52l!:07 Full Name & Address of Surety Company's Home Office JACI<CED~~J-IRA.F II;: CEDp.J?iliEl1F, CED.AllI.lEl\F I; CEDAPJ.JE1~F, I~NCo, 360 ~:Jc LAlk~'!~lTEUR Av~c Full Name, Address, Phone, and Contact Person of Local Bond Agency St Q Paul.., rit.~: ,., J..J~3 If this bond is executed outside of the State of Minnesota, it must be countersigned on the Performance Bond by a Minnesota resident agent of the Surety Company. Name & Address of Agent Affixing Countersignature MEMORANDUM: Affix here Power of Attorney and Acknowledgment of Corporate Surety. @ 2000 Bonestro-o, Rosene, Anderlik & Associates, Inc. 57 1:\34\3400 125\ W ord'tSpecitications\Contract_ Conditions\pS 1-61':doc' General Construction Contract Between Owner & Contractor UNITED FIRE & CASUALTY COMPANY HOME OFFICE -> CEDAR RAPIDS, IOWA CERTIFIED ..COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUAL TV COMPANY, a corporation duly organized and existing under the laws of the State of. Iowa, and having its .principal office in Cedar Rapids, State of Iowa,. does make, constitute and appoint D. R. DOUGHERTY, OR JACK CEDARLEAF II, ORR. J. LARSEN, OR E . LANGE, OR CHRISTINEM. HANSEN, ORKURTC. LUNDBLAD, OR C. A. HOUSH, ALL INDIVIDUALLY of POBOX 64717 ST PAUL MN 55164 its true and lawful AttorneY(s)-in-Factwithpower and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AN DA L L BONDS and to bind UNITED FIRE&.CASUAL TY<COMPANY thereby asfullyahd to the same extent as if such instruments Were signed by the duly authorized officers of UNITED FIRE & CASUAL TV COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are herebY ratified and confirmed.. The Authority hereby<grantedshall expire J ANUARY8 th 2002 unless sooner revoked. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adoPted by the Board of Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings." Section 2,AppointmentofAttorney..in..Fact. "The President or any Vice President, or any other officer of the Company, may, from time to time,appoint by written certificates attorneys.in..fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be. affixed by facsimile .. to any powerof attorney or special power of attorney or certification of either authorized hereby; such signature and seal. when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys..in.fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The f>resident or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUAL TV COMPANY has caused. these presents to be signed by its assistant vice President and its corporate seal to be hereto affixed this 8th day of JANUARY ,A.D. 2000 State of Iowa, County of Linn, 5S: UNITED FIRE & CASUAL1:Y COMPAfi "- By ~Aga~tSce ~~ Onthis 8th day of JANUARY 2000, before me personally came JEFFREY A. CHAPIN tome known, who being by me dulY sworn, did dePose and say: that he resides in Cedar RaPidst State of Iowa; that he is an Assistant Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corPoration; that the seal affixed to the said instrument is such corporated seal; that it was so affixed pursuant to authority given.. by the Boatd of Directors of said corporation and that he signed his name thereto pursuant to like authority. arid acknowledges same to be the act..~ and ~).:;.id co ora 'on. ~q- Notary Public My commission expires 11-10-01 CERTIFICATION I, the undersigned officer of the UNITED FIRE & CASUAL TYCOMPANY, do hereby certify that I have comPared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of. Attorney, with the ORIGINALS ON FILE IN THE HOME.. OFFICE OF SAID COMPANY, and that the same. are correct transcripts thereof, and of the whole of the said originals, and that the said Power of AttorneY has nof been revoked and is now infulf force and effect. ~""''''''l In testimony whereof I have hereunto subscribed my name ~#~....~. ..~.............. . ~~.~ Company this~ I-t, day of .:Jt.t/y ~ a-tJ 00 ;COIPOIATE ~,( { 'i _0... f ~ SilL ..$ C"'s' ~~$ ~ .",,"\,'\~ "'UIIS),"\ the Secretary Bond No. 54-113522 LABOR AND MATERIAL PAYlVIENT BOND KNOW ALL MEN BY THESE PRESENTS: that G L Contracting Inc as Principal, (hereinafter called Contractor) and, United Fire & Casualt)~ Compan.y as Surety (hereinafter called Surety) are held and firmly bound unto City of New Hope as Obligee (hereinafter called Obligee) for the use and benefit of claimants as hereinbelow defined, in the amount of $101,493.32 or One hundred one thousand four hundred ninety-three and 32/100 Dollars, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The contract is awarded on the Base Bid plus Alternate 1 minus Item Nos. 24, 39, & 40.. WHEREAS, Contractor has by written agreement datedJ"uly 26 ~ 2000 , entered into a contract with Obligee for construction of Storm Water Improvements, City Project No. 691, BRA File No. 34-00-125 in accordance with Drawings and Specifications prepared by Bonestroo, Rosene, Anderlik & Associates, fuc. which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW~ THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract and shall keep the Project free and clear of all liens as provided in the Contract, then this obligation shall be void; othenvise it shall remain in full force and effect, subject, however, to the following conditions: 1. Claimant is defined as one permitted by applicable law to file a Public Contractor's Bond claim for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include without limitation that part of water, gas, power, light, heat, oil, gasoline, telephone service, rental of equipment, insurance premiums, taxes, and any items for which a claim or lien may be filed against the Obligee under the applicable law. 2. The above named Contractor and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid in full may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sums as may be justly due claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 58 1:\34\3400 125\ W ord\Specifications\Contract_ Conditions\pSl-6 Ldoc General Construction Contract Between Owner & Contractor 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant shall have filed a public contractors bond claim in the form and within the time provided under applicable law, or (b) After expiration of time for enforcement of a public Contractors bond claim by legal action. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. 5. The Contractor and Surety shall keep the Project free and clear of liens and shall promptly remove any and all liens filed against the Project by claimants. 6. The Obligee's right of action on this bond, or for the breach thereot: shall not be limited by the conditions set forth in paragraphs 1 through 3 above. /~' G L <;ontract~ In"c " ,/ By Contractor xl /"" " ".,// ~/' '" _/" ;<.----~.':'.... / :.._.." .<...........v. ....._ .,',....------...,-----..................---~.., ' \ ;;... <'..''-[f .~"-Z )\ \i Signature David Go Swanson (Typed or Printed name of Signer) ~.::~' .<:/~,,:;. .;:: Title ]?resid'ent : ,,/ t,.. / ('---i--~''''--- Witness By Signature (Typed or Printed name of Signer) Title (If the Contractor is a partnership or Joint venture, all partners or co-venturers must execute this Bond.) @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 59 1:\34\3400 125\ W orcMpecifications\Contract_ Conditions\pSl-61 ~doc General Construction Contract Between Owner & Contractor (If the Contractor is a partnership or joint venture, all partners or co-venturers must execute this Bond.) ImITED FIRE & CASUALTY CO~~A1ri Surety PoOi) B01:; 739:(91) Cedar Rapids, IA 52407 Address 1'"0800- 343 ~9130 Phone No. I~i j): '. I 111/7;,,/'} ,.. \..- ~//f j/ VL/'..,;;.~/ Witness ~ J / , XI ~~2e/l"-uf __''----/"/ . /")~? ~7/ B~~%_/ /~;E~2/j&;~ ///' / -, Signature:,';'/ // . " k """"Co ~ -~, '""', +: T/~// Jac_ C_daL__aL __ (Typed or Printed name of Signer) Title 360 w~ 1:1-;; e 0 Ste 55113 (Local Address & Telephone Number) 1-651-4a8~ ,6666 (The attorney-in-fact shall attach hereto a copy of his power of attorney or other documents which authorizes him to act on behalf of and to bind the surety.) @ 2000 Bonestroo, Rosene, Anderlik & Associates, Inc. 60 1:\34\3400125\ W ordlSpecifications\Contract_ Condi tions\pS 1...(), l':doc General Construction Contract Between Owner & Contractor ACKNOWLEDGMENT OF SURETY STATE OF: Minnesota COUNTY OF: Ramsey On this day, July 26, 2000, before me personally come(s) Jack Cedarleaf II, to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or attorney-in-fact of the United Fire & Casualty Company a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. ~~,o {'1 ,~"",~~.iJ ~Q ~;(~~ 'r ~,~' CHRISTINE M. HANSEN' NOTARY PUBLIC. MINNESOTA My Commission Expires Jan. 31, 2005 CA~ j}1~ 1a~~,J Notary Public .""""" "'-. . ~ .... CHI 84964 UNITED FIRE & CASUALTY COMPANY HOME OFFICi: - CEDAR RAPIDS, IOWA CERTIFIED ..COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY. a corporation duly organized and existing under the laws of the State of Iowa, and having its Principal office in Cedar Rapids, . State of>lowa, does make, constitute and appoint D. R. DOUGHERTY, OR JACK CEDARLEAF II, ORR. J. LARSEN, OR E. LANGE, OR CHRISTINEM. HANSEN, OR>KURT C. LUNDBLAD, OR C. A. HOUSH, ALL INDIVIDUALLY of POBOX 64717 STPAUL MN 55164 its true and lawful Attorney(s)-in-Factwith power> and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND AL LB 0 N DS and to bind UNITED FIRE & CASUAL TYCOMPANY thereby asfullvahd to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUAL TV COMPANY and all the acts of said Attorney, pursuant to the authority herebY given are herebY ratified and confirmed. The Authority hereby granted shall expire J A N UA RY 8 t h 20 0 2 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adoPted by the Board of Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings." Section 2, Appointmentot Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company, may, from time totime,appoint by written certificates attorneys-in~fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any powerof attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys~in.fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney~in~fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its assistant vice president and its corporate seal to be hereto affixed this 8th day of JANUARY ,A.D. 2000 State of Iowa, County of Linn, 55: UNITED FIRE & CASUALTY COMPA~ "'- By ~Aga~t~ce ~:~ Onthis 8 th day of J AN UA R Y 2 0 00, before me personally came JEFFREY A. CHAPIN to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; thafhe is an Assistant Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corp,oration; that the seal affixed to the said instrument is such corporated seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act... aa~n.d ~.. ~id co ora. 'on. ~t Notary Public My commission exPires 11-10.....01 CERTIFICATION I, the undersigned officer of the UNITED FIRE & CASUAL TYCOMPANY, do hereby certify that I have comPared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorne'i has not been revoked and is now infuH force and effect. ~"Ut"l7l In testimonywherebfl have hereunto subscribed my name ~~i~;~~il Company thisoL "f~ day of rJ I.!-/'j ;J-o () " '::) SIlL -rS ('''a~. ~~$ ~~ ..,.\.. \'\~ "'J " 1\\\ the CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL (For use where Contractor is individual or partnership) State of Minnesota ) ) SS. County of ) On this day of , 2000, before me personally appeared . to me lmown to be the person described in and who executed the foregoing bond, and aclmowledged that _he executed the same as the free act and deed of the individual. (Notarial Seal) Signature of Notary Public CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) State of Minnesota ) ) SS. County of ) On this 26th day of July . 2000, before me personally appeared XX}'" Davl.a .\.;:G Swanson .. ana. r lJ~iW~.&ersonally lmo~x.who, bemg by me duly sworn, did say that they are respectively the ana " of G L Contracting Ine that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instruIp.~nt, wC;lSexecllted in.behalf of the corporation by authority of its Board of Directors, and said Dav:Let b.~wanson m aclmowledged the ins . ...~~ act an4,de~(f id corp~n. ;""'~~l ' I ~;-~::~:~,..,'//..--..--".,./ tTl~ITED FIP~ &CASU~.LTYCO!ilP~l\lY, Po OoBOl{ 13909,CEDl~R ~LLl?IDS~ lA. 52407 Full Name & Address of Surety Company's Home Address Jp~CK CEDh..RLIt\.F II, CEDARLEAF $ CEDl\P~EAF& CEDAPJ-:EAF, Il'lC Q Z' 3,60 t,;] Q L.4..RPEI'4TEUR. Av~.~ Full Name, Address, Phone & Contact Person of Local Bond Agency ~ 1"0 1: AUIJ $ 1~;J :)j 1.J..,j If this bond is execute,d outside of the State of Minnesota, it must be countersigned by a Minnesota resident agent of the Surety Company. Name & Address of Agent Affixing Countersignature MEMORANDUM: Affix here Power of Attorney and Aclmowledgment of Corporate Surety. <9 2000 Bonestroo, Rosene) Anderlik & Associates, Inc. 61 1: \34\3400 125\ W ord\Specifications\Con trac t_ Cond i tions\pS 1-6 Ldoc General Construction Contract Between Owner & Contractor