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IP #781 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Development and Plannin Item No. Public Works September 12, 2005 By: Guy Johnson By: 8.3 Resolution awarding contract to Jay Brothers, Inc. for the construction of the 2005 backyard drainage improvements (improvement project no. 781) Requested Action Staff requests approval of a resolution awarding the contract to the lowest responsible bidder, Jay Bros., Inc., in the amount of $60,346.05 Policy/Past Practice The backyard drainage program was created to address drainage issues brought to the city's attention by residents. Potential projects are reviewed by staff and assigned a priority ranking. This priority ranking allows staff to limit the scope of any year's project based on available funding. Background Bids were received for three backyard drainage projects. The proposed backyard drainage projects for 2005 involve 7712 53rd Avenue, 4095 Cavell Avenue, and 3817 Hillsboro Avenue. The proposed work would decrease the impact of heavy rain events to these residents. Staff is proposing, depending on receiving the remainder of the signed easements, that these areas be completed. Funding The quotes for the Backyard Drainage Improvement sites are $16,599.05, $20,822, and $22,925, for a total of $60,346.05. Funds for the proposed Backyard Drainage and Storm Water Improvement Project are in the 2005 Storm Water operating budget Attachment(s) A letter from the city engineer, a copy of the resolution, and maps of the three locations are attached. Motion by fI /~t"Y\ 1 '}V' ,/ ...// ;1 Jl,../ v L Second by To: OS-I/e] I: \ RF A \ PUBWORKS \ 2005 \ 781 Award Backyard Drainage.doc City of New Hope Resolution No. 05- 113 Resolution awarding contract to Jay Brothers, Inc. for the construction of the 2005 backyard drainage improvements (Improvement Project 781) WHEREAS, the City requires the assistance of a contractor in completing the 2005 Backyard Drainage Improvement Project; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the City has accepted bids for work described in the plans and specifications and has identified the lowest responsible and responsive bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. That the contract for the backyard drainage project for year 2005 is awarded to Jay Bros., Inc. in the amount of $60,346.05; 2. That a contract between the city of New Hope and Jay Bros., Inc. is approved, and the mayor and city manager are authorized and directed to sign the same; Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 12th day of September 2005. ]\QL~4t, Attest: t-,Ll.A_-f~ City Clerk 2335 West Highway 36 . St. Paul. MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 Bonestroo Rosene Anderlil< & Associates www.bonestroo.com Engineers & Architects September 6, 2005 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: 2005 Backyard Drainage Improvements City Project No. 781 File No. 000034-05168-0 Bid Results Bids were opened for the Project stated above on Tuesday, September 6, 2005 at 10:00 A.M., C.D.S.T. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder. There were a total of ten Bids. The following summarizes the results of the Bids received: Low #2 #3 #4 #5 #6 #7 #8 #9 #10 Contractor Jay Bros., Inc. Sunram Construction, Inc. New Look Contracting, Inc. Veit & Company, Inc. Dave Perkins Contracting, Inc. C & L Excavating, Inc. G. F. Jedlicki, Inc. G. 1. Contracting, Inc. Kober Excavating, Inc. Northdale Construction Company, Inc. Bid Amount $60,346.05 $64,122.50 $64,537.50 $66,114.00 $72,440.00 $75,190.50 $76,913.00 $83,478.60 $89,957.15 $113,053.76 The low Bidder on the Project was Jay Bros., Inc. with a Base Bid of $60,346.05. This compares to the Engineer's Estimate of $60,000.00. The Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Jay Bros., Inc. should be awarded the Project on the Base Bid Amount of $60,346.05. Should you have any questions, please feel free to contact me at (651) 604-4790. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INe. ~~~p Vincent T. Vander Top, P.E. 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'" en.j>,!\)m to>OI\,)WUl UlOCCO>--.lO 0 !\) m!\)Ul!\) 0 I\,) a. ....j>, 0> I\,) l\,)O-"'~O OOUlO:-lO 0 C1l 00100 9 en 010"-J ~i'oJ-I~ i'oJo,OONO 000\0100 0 0 oboo 0 ~ 060 0>01-1':' "'000010 000>0';>'0 0 0 0000 0 'I 000 o o o o '" .t:>o o ~ Ol Cl o CD -l x fii OJ -i en / r~ r-r- / 1 ~ D l~~ li'- I )II. ji 12_ -':""'--r -i_-r DE)I I I ~DL J j ili ft.. I /'-l a+-Decatur Ave N f) ~ I ~ . _) - - .. f1 ~ Bonestroo II Rosene '1IilI Anderlik & . \J 1 Associates Engineers & Architects 2335 West Highway 36 . St. Paul. MN 55113 Office: 65)-636-4600 . Fax: 651-636-1311 www.bonestroo.com September 14, 2005 Mr. Mark R. Jay Jay Bros., Inc. 9218 Lake Dr. Forest Lake, MN 55025 Re: City ofNevv Hope, Minnesota 2005 Backyard Drainage Improvements Project City Project No. 781 File No. 000034-05168-0 Contract Documents Enclosed are four (4) Contract Documents between you and the City of Ne\v Hope covering the above-referenced Project. Please complete Specification Section 00520 Agreement Form, Section 00610 Performance Bond, and Section 00615 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below \vho will review them for the City of New Hope: Steven A. Sondrall Jensen & Sondrall PA 8525 Edinbrook Crossing, Ste. 201 Brooklyn Park,.1\1N 55443-1983 After the necessary officials have signed the Contracts, they will be distributed as follows: 2 copies I copy I copy Jay Bros., Inc. (1 - your file, 1 - your bond company) City of New Hope, Attention: Valerie Leone Bonestroo & Associates, Attention: Vince Vander Top Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's Attorney, a pre-construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, BONESTROO, ROSENE, Ai'.TJ)ERLIK & ASSOCL'\ TES, INe. /~, ~~ y~ ~-? 7- Vincent T. Vander Top, P.E. Enclosures: Four (4) Contract Documents cc: Steven Sondrall, City Attorney Valerie Leone, City of New Hope St, Paul. St. Cloud, Rochester, MN . Milvvaul<ee, WI . Chicago. IL Affirmative Action/Equal Opportunity Employer and Employee Owned DOUGLAS J. DEBNER2 GORDON L. JENSEN! CLARISSA M. KLUG GLEN A. NORTON STEVEN A. SONDRALL STACY A. WOODS OF COUNSEL LoRENS Q. BRYNESTAD 1 Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa JENSEN & SONDRALL, P.A. Attorneys At Law October 7, 2005 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2005 Backyard Drainage Project City Project No. 781 Our File No.: 99.10030 Dear Val: 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN P ARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 $ TELEF AX (763) 493-5193 e-mail law@jensen-sondrall.com Enclosed please find four copies of the contract, payment and performance bonds and a Certificate of Insurance for the referenced project. All are in order from a legal standpoint. Please call me if you have any questions. Very truly yours, ~ Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL, P.A. sas@jensen-sondrall.com Enclosures cc: Guy Johnson, Public Works Director Vince Vander Top, City Engineer Kirk McDonald, Community Development Director P:\Attomey\SAS\1 Client Fiks\2 City of New Hope\99~JOO30 (Public Works general)\Leone Irr 2005 Back Yard drainage project 781 contracts. doc SEP-23-2005 04:20PM 320-252-7536 T-402 P.OOI/OOI F-214 FROM-ADVANTAGE 1 INSURANCE I ACORD CERTIFICATE OF LIABILITY INSURANCE I DATe (MMlDDIYYYY) TM. 09/23/2005 PRODUCE:~ Phone: 320-262-9650 Fax: 320-2.52-7536 THIS CERTIFICATE IS ISSUI::D AS A MATTER OF INFORMATION ADVANTAGE 1 INSURANCE AGENCY, INC. ONlY AND CONFERS NO RIGi'lTS UPON nil"; CERTIFICATE 3801 N. 3RD STReET SUITE # 101 HOLDER. THIS CERTIFICATe DOES NOT AMEND, EXn:ND OR ST CLOUD MN 56303 ALTER THE COVliRAGE AFFORDED 6Y THE POUCIES 61:1.0W. INSURERS AFFORDING COVERAGE NAIC# - .. - - - BiTUMINOUS CASUALlY CORP. . . INSURED INSUReR A: JAY BROS., INC. .. -- INSURER 8; MN WORK COMP AR PLAN PO BOX 700 - - .. .. 9218 LAKE DR. N. E. INSURER c: - FOREST LAKE MN 55025 INSURER D: -. -- ..- . - INSURER E: COVERAGES Tl1S POUCIES OF INSlIRANce LISTED BEl..OW HAVE BEEN lSSUE:D To THE INSURED NAMED ABO'Jl;; FOR THE:. FOLICY PERIOD INDICATED. NOTWmISTANDING ANY REQUlRE;MENT. 'rERM OR CONPITION Of' ANY CONTRACT OR OTHeR DOCUMENT WIDI REspeCT TO WHICH THIS ceRTr~iCATE MAY BE Issueo OR MAY PERTAIN. iHE INSURANCE AFFORDED BY THe POLICIES DESeRIS!:O HEREIN IS slJBJeCT TO ALL THE TERMS. exCLUSIONS AND CONPITIONS OF SUCH POLICies. AGGREGATE LIMITS SHOWN MAY HAVE eeEN REOUCSD SY PAID CLAIMS. - ~PO~CYNUMaeR I - INSR I~:M TYPE OF INSURANCE "g~=~ pOUllY EXPJ~~N I UMlTS L'ffi DATE (MMIIlD G!;NeAAl. UABlUTY CLP 3 208 956 04/01/05 04101/06 ElICH OCCURReNCE'. p; J,~~ I-x COMMGRCIAL GeNERAL LIABIUTY Ol\loilAGE TO RENTE;ll :Ii 100,000 PReMISES lEoo """""""') I~ CLAIMS MAOE[Xl OCCuR ""'". ... -- MED. EX? (Any ona pernan) S 5,OO~ . - -- . A PERSONAL & ADV INJURy $ 1.000,000 I-- - - .. .. GEN~ AGGREGATE S 2,OOO,OOQ. -- - - -. GEN'L AGGREn UMIT APPLIes PER: PROOuC1s..cOMP/OP AGG. S 2,000.~O~ . I POLICY I ~g: n LOC AIJiOMOBlLE UABILITY CAP 3 208 960 04101/05 04/01/06 COMalNeo SINeLE LIMIT -x ANY AUTO (eu accOslll) S 1,000,000 - .. - ALL OlflNED AUTOS BOOILY INJURY - (per ~..ol'l) S SCHEDULeo AUros A - 1-. - HIRED AUTOS SODIL Y INJURY - S NON-DWNED AUTOS (per Bo:ldenl) l- t--- - -- t- - .. - PROPERTY DAMAGE S (psr ll"..::ldelll) GARAGE UABILlTY AUTO ONLY -l:A AC~IDENT S ~ ANY AUTO - OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS IUMaREl.LA UABIUTY CUP 2 574733 04/01/05 04/01/06 tACH OCCURRENce Is 2,000,000 ~ OCCUR I .J CLAIMS MADE AGGREGATE ~I!- 2,000,000 ~.- A -- - ~ D50uCTI8LE X RETENTION S 10,000 - - WORKERS COMPENSATION AND TBA 09/22110 09/21/06 -'~\'CSTA11J. I IO'l'HER EMPI-OYERS' LIA81LITY 'r0R'! ur~1TS -- EO.L. EACH ACCIDENT S 500,000 B ANY PROPRlETOR;PARTNi!RlEXE.(;U'TlVE .. .=-- O~~~ I'XCWDEO? e.L. D1SEASE.!;A eMPLOYee s 500,000 If yo.. d...rIIla undor .. SPiOCIAL PROVISIONS Ilol<l.. EO.L. DISEASE:..f>OLICY LIMIT S 500,000 OTfoiER: BUILOI:RS RISK CLP 3 208 955 04/01105 04/01/06 100,000ATSINGLE LOCATION A 25,000 TEMPORAR LOCATION 25,000 IN TRANSIT DESCRIPTION OF OPERA TIONS/LOCA IIONSNEHICLES/EXCLUSIONS ADDED BY ENOORSEMENT/ SPECIAL PROVISIONS PROJECT: 2005 BACKYARD DRAINAGE IMPROVMENTS ADDITIONAL INSURED WITH RESPECT TO L1ABI!.I1Y: CITY Of NEW HOPE ANO BONESTROO, ROSE & ANDERLlK, 2335 WEST HIGHWAY 36, ST PAUL, MN 55113 CERTIFICATE HOLDER CANCELLATION SHOULO ANY OF THE AaOve DESCRIBED POUCI!;$ $5 CANCEl..LlID BEFORE THE ExPJAA'rION DATE THERGOF, THe ISSUING INSUR~R WILL eNDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE iO Tlie CERTIFICATe HOLDliR NAMED TO THe: LEFT, sur FAlLuRI! TO DO so SH/\LL IMPose NO OBLJGATlON OR LlAalLliY OF ANY KlND UPON THE INSURER, IT'S AGENTS DR REPReSENTATIVES. CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE, MN 5542B-4898 Attention: FAX: 651-464-1704 ACORD 2S (2001/08) Certificate ~ 7336 October 13, 2005 Mr. Mark Jay Jay Bros., Inc. 9318 Lake Drive NE Forest Lake, MN 55025 SUBJECT: 2005 BACKYARD DRAINAGE IMPROVEMENTS PROJECT (IMPROVEMENT PROJECT NO. 781) Enclosed are two fully executed contract documents for New Hope Project No. 781. One set is for your records and the second set should be transmitted to your bonding company. This contract was awarded by the New Hope City Council on September 12, 2005, for $60,346.05. Also enclosed is a "Withholding Affidavit for Contractors" (IC-134 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Should you have any questions regarding the project, please contact Vince VanderTop, Assistant City Engineer, at 651-636-4790. Sincerely, /?(;'! /'" " .,/ Ic::0 JJ7'LX-- Valerie Leone City Clerk, CMC Enclosures - Contract, IC-134 cc: Steve Sondrall, City Attorney (File No. 99.10030) Vince VanderTop, Assistant City Engineer (File No. 34-05168-0) Guy Johnson, Director of Public Works CITY OF NEW HOPE 4401 Xylon Avenue North ~ New Hope, Milm2sota 55428-4898 .~ ww"Vv. ci.new-hope.mn.us City Hall: 763-531-5100 e- Police (non-emergency): 763-531-5170'> Public Works: 763-592-6777 ,. TDD: 763-531-5109 City Hall Fax: 763-531-5136 '" Police Fax: 763-531-5174 ,. Public vVorks Fax: 763-592-6776 Project Manual For 2005 Backyard Drainage Improvements City Project No. 781 ew Hope, Minnesota File No. 000034-05168-0 August 2005 Bonestroo l1li .. Rosene ~ Anderlik & ".l~". Associates Engineers & Architects j t1 j Bonestroo R Rosene ~ Anderlik & 1 \J 1 Associates Engineers &. Architects ADDENDUM NO.2 For 2005 BACKYARD DRAINAGE IMPROVEMENTS CITY PROJECT 781 fILE NO. 000034-05168-0 NEW HOPE, MINNESOTA August 31, 2005 Number of Pages -L (includes this sheet) To: All Planholders of Record From: Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 West Highway 36 St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4790 - Vince Vander Top, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Bonestroo & Associates at Fax No. (651) 636-1311 as soon as you receive it. Company Name Date 000034-05168-0 A2-1 ADDENDUrvl NO, 2 SECTION 00410 - BID FORM 1. Page 00410-6, Alternate No. 1. Delete this Alternate for 7608 55th Avenue North in it's entirely. Also disregard any references to Alternate NO.1 throughout the Project Manual. LIST OF ATTACHMENTS 1. None. END OF ADDENDUM 000034-05168-0 A2-2 ADDEN DUM NO, 2 ~ 11 ~ Bonestroo R Rosene "1\11 Anderlil{ & 1 \J 1 Associates Engineers & Architects ADDENDUM NO.1 For 2005 BACKYARD DRAINAGE IMPROVEMENTS CITY PROJECT 781 FILE NO. 000034-05168-0 NEW HOPE, MINNESOTA August 30, 2005 Number of Pages --L (includes this sheet) To: All Planholders of Record From: Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 West Highway 36 St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4790 - Vince Vander Top, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Bonestroo & Associates at Fax No. (651) 636-1311 as soon as you receive it. Company Name Date 000034-05168-0 Al-l ADDENDUM NO, ] SECTION 01200 - PRICE AND PAYMENT PROCEDURES 1. Page 01200-2, Paragraph 3.01.A. Delete this Paragraph entirely. SECTION 01500 - TEMPORARY FACILITIES AND CONTROLS 1. Page 01500-3, Article 3.06. Add the following new Paragraph immediately after Paragraph D: E. 53rd Avenue must remain open to two-way traffic at all times. No temporary or permanent lane closures are permitted on 53rd Avenue without prior approval from the Engineer. 2. Page 01500-4, Paragraph 3.08.A. Delete the sentence, "The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Bid for each Part:" The intent of this change is to allow traffic control costs to be included in the Mobilization Bid Item. 3. Page 01500-4, Article 3.08. Replace Paragraph B with the following: B. Traffic Control for all Parts will be considered incidental and should be included in the Mobilization Bid Item for each Part. LIST OF ATTACHMENTS 1. None. END OF ADDENDUM 000034-05168-0 Al-2 ADDENDUM NO, 1 DOCUMENT 00005 PROFESSIONAL CERTIFICA nONS I hereby certify that this report, drawing, or specification was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. ~~~~ Vincent T. Vander T~, P.E. Date: August 16. 2005 Reg. No. 25770 END OF DOCUMENT 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates Inc, PROFESSIONAL CERTIFICATIONS DOCUMENT 00010 TABLE OF CONTENTS 2005 BACKYARD DRAINAGE IMPROVEMENTS CITY PROJECT NO. 781 FILE NO. 000034-05168-0 NEW HOPE, MINNESOTA 2005 Introductory Information 00005 Professional Certifications 00010 Table of Contents Bidding Requirements 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Information Available to Bidders 00410 Bid Form Contracting Requirements 00520 Agreement Form 00610 Performance Bond 00615 Payment Bond 00700 EJCDC C-700 Standard General Conditions of the Construction Contract (Bound in back of Project Manual) 00800 Supplementary Conditions Specifications Division 1 - General Requirements 01100 Summary 01200 Price and Payment Procedures 01310 Project Management and Coordination 01500 Temporary Facilities and Controls 01570 Temporary Erosion and Sediment Control Division 2 - Site Construction 02225 Removals 02230 Site Clearing 02280 Adjust Miscellaneous Structures 02318 Sub grade Preparation 02320 Trench Excavation and Backfill 02630 Storm Drainage 02720 Aggregate Base Course 02741 Plant Mixed Asphalt Pavement 000034-05168-0 <9 2005 Bonestroo, Rosene, Anderlik & Associates, lnc, 00010-1 TABLE OF CONTENTS Specifications Continued... Division 2 - Site Construction Continued... MnDOT Spec. 2360/2350 Combined Concrete Curb and Gutter Concrete Walks and Driveways Lawns and Grasses 02770 02775 02920 END OF DOCUMENT 000034-05168-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00010-2 TABLE OF CONTENTS DOCUMENT 00100 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota in the City Hall at 4401 Xylon Avenue North, until 10:00 A.M., C.D.S.T., on Tuesday, September 6, 2005, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 2005 Backvard Drainage Improvements. City Project 781 Consisting of the following approximate quantities: 591 9 280 190 175 67 120 925 LF EA LF SF SY LF CY SY 12" RCP and PVC Storm Sewer Pipe Catch Basin Structure Remove and Install New Concrete Curb and Gutter Remove and Install New Concrete Driveway/Sidewalk Remove and Patch Bituminous Pavement Salvage and Reinstall Fence Topsoil Borrow Sod Bidders desiring a copy of the Bidding Documents may obtain them from the Issuing Office of Bonestroo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 West Highway 36, St. Paul, MN 55113, (651) 636-4600 upon a payment of a non-refundable fee of $40.00. Bidding Documents may be seen at the Office of the City Clerk, New Hope, Minnesota and the Issuing Office. Bidding Documents can also be purchased with a credit card over the internet at 'vVW\v.bonestroo.com. Direct inquiries to City's Project Engineer, Jason Quisberg at (651) 604-4938. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and the time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and information therein and further reserves the right to award the Contract to the best interests of the Owner. 000034-05168-0 IJ::) 2005 Bonestroo, Rosene, Ander1ik & Associates, Inc. Daniel Donahue, City Manager City of New Hope, Minnesota ADVERTISEMENT FOR BIDS DOCUMENT 00200 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instmctions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instmctions to Bidders have the meanings indicated below: A. Issuing Office: The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the non-refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the work within 5 days of Owner's request, Bidder shall submit written evidence, such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of Contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-1 INSTRUCTIONS TO BIDDERS ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND PROJECT SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Project Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Project Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Project Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Project Site, if any, that Engineer has used in preparing the Bidding Documents. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, lnc, 00200-2 INSTRUCTIONS TO BIDDERS B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Project Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Project Site which was not shown or indicated in the Drawings, or Specifications, or identified in the Contract Documents to be within the scope of the work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Project Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, and clean up and restore the Project Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Project Site by Owner or others (such as utilities and other prime contractors) that relates to the work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for exan1ination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; B. visit the Project Site and become familiar with and satisfy Bidder as to the general, local, and Project Site conditions that may affect cost, progress, and performance of the work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the work; 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates. Inc, 00200-3 INSTRUCTIONS TO BIDDERS D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Project Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Project Site which may affect cost, progress, or performance ofthe work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, safety precautions, and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the work at the Price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G, become aware of the general nature of the work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents; H. correlate the infonnation known to Bidder, information and observations obtained from visits to the Project Site, reports and drawings identified in the Bidding Documents, all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; 1. promptly give Engineer 'vvritten notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereofby Engineer is acceptable to Bidder; and J. detennine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the work. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc, 00200-4 INSTRUCTIONS TO BIDDERS 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the work required by the Bidding Documents, and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be no pre-Bid conference. ARTICLE 6 - PROJECT SITE AND OTHER AREAS 6.01 The Project Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS A1'ID ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engine~r. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid Price and in the form of a certified check or bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc, 00200-5 INSTRUCTIONS TO BIDDERS 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be retumed. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be retumed within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which or the dates by which Milestones are to be achieved and the work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or- equal" items. 'Whenever it is specified or described in the Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc, 00200-6 INSTRUCTIONS TO BIDDERS ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder and any other Bidder so requested shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may before the Notice of Award is given request apparent successful Bidder to submit a substitute in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid Price will be increased (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 ofthe General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.0l The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid Unit Price shall be indicated for each Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-7 INSTRUCTIONS TO BIDDERS 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign, The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation ofthe firm and the official address of the firm shall be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the j oint venture shall be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment ofreceipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 The address and telephone number for communications regarding the Bid shall be sho'wn. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's State Contractor License Number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the Total Add or Deduct to the Total Base Bid for each Alternate provided on the Bid Form. 13.13 Bidders may list proposed Substitute Items on the spaces provided on the Bid Form. Bidders shall clearly indicate the item name, Specification Section Number, and the Total Deduct to the Total Base Bid for each Substitute Item proposed. 13.14 Bidders shall circle the name of the Base Bid Manufacturer they will provide if awarded the Contract. Bidders shall circle only 1 name for each item. If the Bidder fails to circle an item, the first item listed shall be provided. 13.15 Bidders shall identify the name of the company or subcontractor that will perform the listed portion of the work if the Bidder is awarded the Contract. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Bid Unit Price A. Bidders shall submit a Bid on a Bid Unit Price Basis for each Bid Item of work listed in the Bid Form. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, lnc, 00200-8 INSTRUCTIONS TO BIDDERS B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 14.02 The Bid Price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished 1 separate unbound copy ofthe Bid FOID1, and, ifrequired, the Bid Bond Form. The unbound copy ofthe Bid Form is to be completed and submitted with the Bid Security. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope plainly marked with the Project Title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other require,d documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, lnc, 00200-9 INSTRUCTIONS TO BIDDERS ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non-responsive, read aloud publicly. A Bid Tabulation of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS Ai"l'D AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds after reasonable inquiry and evaluation to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the work and to negotiate Contract terms with the successful Bidder. 19.03 More than 1 Bid for the same work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements and such Alternates, Bid Unit Prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, other individuals, or entities proposed for those portions of the work for which the identity of subcontractors, suppliers, other individuals, or entities must be submitted as provided in the Supplementary Conditions. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-10 INSTRUCTIONS TO BIDDERS 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities to perform the work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract award pursuant to law, 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURlTY Ai'ID INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to Performance and Payment Bonds and Insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21- SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF DOCUMENT 000034-05168-0 @ 2005 Bonestroo, Rosene, AnderIik & Associates, Inc, 00200-11 INSTRUCTIONS TO B1DDERS DOCUMENT 00300 INFORi\1A TION AVAILABLE TO BIDDERS Portions of reports and drawings used by the Engineer in the preparation ofthe Bidding Documents are attached to this document. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other historical infoffi1ation regarding the Project may be available for Bidder's review at the Engineer's office. Schedule a viewing time with the Project Manager. END OF DOCUMENT 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. INFORMATION A v AILA.BLE TO BIDDERS . n. Bonestroo ~ Rosene "till Anderlik & , ~, Associates Engineers & Architects BIDDER: JrJ '/ 812-"s. /;VC-. DOCUMENT 00410 BID FORM 2005 BACKYARD DRAINAGE IMPROVEMENTS CITY PROJECT NO. 78 I FILE NO. 000034-05168-0 NEW HOPE, MINNESOTA BID COpy Bid Opening Time: 10:00 A.M., C.D.S.T. Bid Opening Date: Tuesday, September 6, 2005 THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Avenue North New Hope, l'v1N 55428-4898 1,01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of O\vner. 3.0 I In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the foIlO\ving Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date I z.. ~, sa -d 5~ % ,3/-0,5- B. Bidder has visited the Project Site and become familiar with and is satisfied as to the general, local, and Project Site conditions that may affect cost, progress, and performance of the work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the \vork. 000034051680BlDFOIUvl.xls 00410-1 BID FOR!vj D. Bidder has carefully studied all: (I) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site (except Underground Facilities) which have been identified in SC-4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Project Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obt.ained from visits to the Project Site, reports and draw'ings identified in the Bidding Documents, and all additional examinations, investigations, exploranons, tests, studies, and data with the Bidding Documents. 1. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. 1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the work for which this Bid is submitted. K. Bidder will submit \\Titten evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.0 I Bidder further represents that: A. The prices in this Bid have been arrived at independently without 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 this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to Opening of the Bids. 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 Bid for the purpose of restricting competition, 000034051680BlDFOfu\1,xls 004] 0-2 BID FOIU,j 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to chal1enge a contract pursuant to law. 5.01 Bidder wil1 complete the work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with paragraph I 1.03.B of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed. and are solely for the purpose of comparison of Bids, and final payment for al1 Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price PART 1 -7712 53RD AVE N: 41 t/(J MOBILIZA nON LS I $ 3PtJP :;-- S ..300P ..- ,~ Oil 2 REMOVE CONCRETE CURB AND LF 25 $ S z,ZS ... GUTTER ~ 3 SA WING BITUMINOUS PA VElvlENT LF 80 $ if!! $ 3Z~ _4~ 00 34/ () .... 4 RE,MOVE BITUMINOUS PAVEMENT SY 60 $ .5 .-- s ,,0 db 5 SA WING CONCRETE PA VEMENT LF 10 $ (, .- $ (j, () ... 6 REMOVE CONCRETE SIDEWALK SF 100 S 0 ]f S 7) oj ,. /10 7 SAL VAGE AND REINSTALL CH.A..IN LF 27$ I' .... $ LM'.... LINK FENCE ", dO CONNECT TO EXISTING CATCH I $ 300- S 3()0 ".. 8 EA BASIN OR ivlANHOLE 3Z 7f Z:r $ /Z 77 - 9 12" PVC STO~\1 SEWER, SDR 26 LF 39 S Zt! 30 ... 10 12" PVC STO~\1 SEWER, SDR 35 LF 129 S 3tJ - $ 3&')"" 'to.! I/O 4" PVC SDR 35 STOR.i'vl SERVICE PIPE LF 4 S S /h ... II Iii d" 77$" .... I '5';;-0 ..- 12 27" DLA..J'vlETER CATCH BASIN EA 2 S S tJ" tIl" 13 B618 CONCRETE CURB AND GUTTER LF 25 $ 25 ... $ hZ:) - 0000340516S0BIDFORM,xls 00410-3 BID FOR.M No. Item Units Qty Unit Price Total Price dO 6D 14 BITUjvlINOUS PATCHING SY 60 $ 3a;/ $ / 5" ~C; ;..- 54~ Oil 15 4" CONCRETE WALK SF 100 $ $ 5~d .... 4d $'DC> d.J 16 TOPSOIL BORROW (LV) CY 50 S /0 ...- $ tJO 40 17 SODDING, LA \VN TYPE SY 350 $ :).,.. $ /7.5V .... oS- TOTAL PART 1 - 7712 53RD AVE N $ /~ "0; - PART 2 - 4095 CAVELL AVE N: ,e. 44 18 jvl0BILIZA TION LS I $ 3 e.o (J ,- $ 3 ZW --- ,6 tJ4 19 CLEAR AND GRUB TREE I $ 3o~ ..- S :3~tJ ,.... dO / (J to o"g 20 REJ\10VE CONCRETE CURB AND LF 135$ 8- $ GUTTER 21 SA \\1NG BITUMINOUS PAVEMENT LF 150 $ 34.J. S L/)O I1ji 00 0;..0 22 REMOVE BITUMINOUS PAVEMENT SY 60 $ 5- $ goo 40 ,0 ')~ CO)\;'NECT TO EXISTING CATCH EA I $ 3tJ () ..... S 301{) --- ~.) BASIN OR MANHOLE 3()~ oCJ 24 12" RCP STORM SEWER LF 125 $ $ 37S-0 ::- 315 'to ,f1 25 12" PYC STOR.l'v1 SEWER, SDR 35 LF 80 S ..- S z.. L/ / I; ...- L. 0 (; ()a 26 4" PVC SDR 35 STORM SERVICE PIPE LF 4 S ;--- S 16 .... ,0 at) 27 2' X 3' CATCH BASIN EA I S 7~-'-- S 757> " 00 o() ?() /) ..... 1 L/OtJ ...- 28 27" DIAMETER CATCH BASIN EA 2 S S 00 '.3 29 SUR.l~OU'NTABLECONCRETECURB LF 135 S Z~ .... s 35/'5 AND GUTTER 10 40 3d - 1 <&"00 ..- 30 BITUMINOUS PATCHING SY 60 S S ao (JO ..- 31 TOPSOIL BORROW (L Y) CY 30 S /(J-- S 306 50.,..0 pCJ / 2 :)"CJ ..- 32 SODDING, LA WN TYPE SY 250 S S it.. 2. 60 Z-b , - TOTAL PART 2 - 4095 CA YELL AVE $ . N 000034051680BlDFOlUv!.xls 00410-4 BID FORM No. Item Units Qty Unit Price Total Price PART 3 - 3817 HILLSBORO AVE N: d" 60 33 MOBIUZA TION LS 1 $ 3 z.s-tJ ....-- $ 3 zS'o -- 34 REMOVE CONCRETE CURB AND LF 120 $ 7~ $ 8 L/ () ~ GUTTER 3"..! au 35 SA \VING BITUMINOUS PAVEMENT LF 100$ $ 3a6 - ;5"0 y <:16 36 REMOVE BITUMINOUS PAVEMENT SY 55 $ $ Z7S' ". 'la~ ~tJ 37 SA \V1NG CONCRETE PAVEMENT LF 10 $ $ L/O - ? tlO ,0 38 REMOVE CONCRETE DRIVEWAY SY 10 $ -- $ '70 ".. PAVEMENT Z 5' dJ. ,~ 39 SALVAGE AND REINSTALL WOODEN LF 40 $ $ /~ p() .- FENCE dO (JtJ 40 CONNECT TO EXISTING CA TCH EA 1 $ 300 ".. $ .3~{) ...... BASIN OR MANHOLE .JOtJ!-. dQ 41 12" RCP STORJv1 SEWER LF 30'0 - 103 $ $ Zo 00 42 12" PVC STORM SEWER, SDR 35 LF 115$ yo -- $ 3'/73 ".. dd 7 z:. 4.E 43 4" PVC SDR 35 STORM SERVICE PIPE LF 12 $ (p- $ ,0 "..2 44 2' X 3' CATCH BASIN EA 2 $ 750' $ /5"00 dd ad 45 27" DLA.METER CATCH BASIN EA 2 $ 71)~ -- $ / 'i ~~ _'!.!. 0';; 46 SUN\10L~TABLECONCRETECURB LF 120 S Zj S ;SODa AND GUTTER ~" gO 47 BITUMINOUS PATCHING SY 55 $ yo .....- $ /~SV - Z4.! 10 48 6" CONCRETE DRIVEWAY SY 10 S rP $ o Z-I) ..... PAVEMENT (JI d'O jd --- ~a~ - 49 TOPSOIL BORRo\V (LV) CY 40 $ S StJ.f? "" 50 SODDING, LAWN TYPE SY 325 $ $ /6 ZS- .- d" TOTAL PART 3 - HILLSBORO AVE N $ 2--2;'72-5' ;....- , 00003405 1680BIDFOR.M,xls 004] 0-5 BID FOR.M No. I tern Units Qty Unit Price Total Price ALTERNA TE NO.1 - 7608 55TH AVE. N.: 51 T\10BILIZA TION LS I S S 52 RE!\o10VE BITUMINOUS PAVEMENT SY 45 S S 53 REMOVE BITUMINOUS DRIVEWAY SY 45 S S 54 REMOVE CONCRETE CURB AND LF 40 S S GUTTER 55 SA WING BITUMINOUS PAVEMENT LF 60 S S 56 4' DIAMETER STOR..M SEWER MH EA I S S 57 B618 CONCRETE CURB AND GUTTER LF 40 S S 58 BITUMINOUS PATCHING SY 90 S S 59 TOPSOIL BORROW (LV) CY 10 S S 60 SODDING, LA \-VN TYPE SY 50 S S TOTAL ALTERNATE NO.1 -7608 S 55TH AVE N BASE BID: 6"'- TOT AL PART 1 - 7712 53RD AVE N S I~I :5'''7, - . ~D '2(;, 9 z,l. .-- TOTAL PART 2 - 4095 CAVELL AVE N S , ,,() TOTAL PART 3 - HILLSBORO AVE N S t- Z, CJ Z j- - . ,,~ TOTAL BASE BID S (ptJ, 3L../ & :;.;- , 000034051680BIDFORe\ol.xls 00410-6 BID FORe\o! 6.01 Bidder agrees that the work wi]] be Substantia]]y Completed and completed and ready for Final Payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work within the times specified above, which shall be stated in the Agreement. 7,01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on i-(P ,200> If Bidder Is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'5): Phone No.: Fax No.: 0000340516S0BIDFOR..\,1,xls 00410-7 BID FOR..\,l A Partnership A Corporation Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Corporation Name: J.4.../ ,8/2-tJS /;VC- (SEAL) State of Incorporation: m/IV/L/C:.s~ '74 Type (General Business, Professional, Service, Limited Liability): &':1'-/. 8c/SNVes..s By: H~'728 (Signature) Name (typed or printed): m/f4-#- /Z- J.A-)>' Title: C. PO Attest ,;1t-L~ (S~ of Corporate Secretary) (CORPORA TE SEAL) Business Street Address (No P.O. Box #'s): q t../ <i" ?A~e; /.),? Haesr t..-.A-~/ /1'71'-1., ~z-S- Phone No.: &"f7,qt, o/-t;o/OO Fax No,: &S7~ ~/t,t.(-'1'i 00003405 I 680BIDFORM,xls 00410-8 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 000034051680BIDFOIUvl.xls 004] 0-9 BID FOR1\o1 VQF v&.r &.VVoJ .L-"'t:. vJ,.. .,L'.l'1..a. VV..L"';t;V I I o.}u-L r....-'3.~r:. DunJ..J~n\:r If!JUUJ THE AMERICAN INSTITUTE OF ARCHITECTS . AlA Document A31 0 Bid Bond BOND # RB9158004327 KNOW ALL MEN BY THESE PRESENTS, that we Jay Bros., Inc. P.O. Box 700, Forest Lake, MN55025 (Here Insert full name .and address or Isgallitia of Contrador) as Principal, hereinafter called the Principal, and GRANITE RE, INC. 14001 QUAJLBROOK ORNE , OKLAHOMA CITY, OK 73134 (Hem insM. full name .and addreso or legsl titls of Surety) a corporation duly organized under the laws of the State of OKLAHOMA as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope (HatG insert full nama .and address or legsl title of o.VI1sr) as Obligee, hereinafter called the Obligee, in the sum of FIVE AND 00/100 PERCENT of Amount Bld--- Dollars ($ 5 % of Amount Bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for PROJECT NO. 781; 2005 BACKYARD DRAINAGE IMPROVEMENTS (Here Insert full name. address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the biddIng or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void. otherwise to remain in full forCB and effect. Signed and sealed this 2nd day of September, 2005. ~~r:t.tr Htf.~ Itness) Jav Bras.. Inc. ~~ (Seal) (Title) Jonathan Pate, Attorney-in-Fact Pate Bonding, Inc. 1276 South Robert Street W8StSt. Paul, MN 55116 (651}457 -6842 - - AlA DOCUMENT A310 BID BOND AlA Gl FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE, N,W. WASHINGTON, D.C, 20006 .' '"" ~~: , -......: ,:: - " " .. ... ~,~....... County of ACKNOWLEDGMENT Of PRINCIPAL (Individual) ) ) ) State of On this day of in the year . before me personally come(s) . to me known and known to me to be the person{s) who (is) (are) described in and exearted the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. Notary Public County of ACKNOWLEDGMENT OF PRINCIPAL (Partnership) ) ) ) State of On this day of in the year . before me personally come{s) . a member of the co-paltnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and aCknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notal)' Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) S~te of /l?//-//l/eSt:rrA ) ) County of I4tVo tc: A ) in the year Zt:>cr . before me personally come(s) . to me known, who, being duly sworn, deposes and of the VA-'-/' /3~.:s. //'Jc. , the corporation described In and which executed the foregoing instrumentj that he knows the seal of the said mrporation; the seal affixed to the said instrument is such corporate sealj that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. On thIs G 7).f- /?L/f~ /Z-. IL'~ '-/ I says that he is the c;::; 0 . day of SePTc;h1I3tV2- RONALD G. 0 E! Noiary Public Sicte of Mlnnesoio My Commission January ~~ -1tfr --- NOWlEDGMENT OF SURETY State of Minneso~ ) ) County of ~ ) On this 2nd day of September, in the year 2005. before me personally come(s) Jonathan Pate. Attomey{s)-in-Fact of GRANITE RE. me. with whom I am personally acquainted, and whot being by me duty swom, says that he is (are) the Attomey(s)-in- Fact of GRANITE RE, INC company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attomey{s)-in-Fact of the said mmpany by like ol'der. ~H.~ JENNIFER M. BOYlES NOTARY PlIBlJC - WNNESDTA Yr~I6Ii:&llb1 ~~.31.2009 'i..-' I v......t kVVoJ '. ~~.v~ J...~~..V;..L":t.V.l~.~.~,f: .... . ,.....,. , . .L .'"J..LU V'-'J.~~ ..I.':'~~. . ."', ~', ... . ...' ." '. '" ~\.l.VV . .:... ,.,' . . GRANITE RE,'INC. GENERAL POWER,OF ATTORNEY Know all Men by these Presents; That GRANITE RE, INC., a corporation organized and existing under the laws of the State. of OK~OMA and having its principal office at the Ctty of OKlAHOMA CITY In the State of OKlAHOMA does herl?:by constitute and appoint: JONATHAN PATE, WANDA FRANZ, TOM LAHL, USA M. FRANCOUR Its-true and lawful Attomey-In-Fac::t(s) for the following purposes, to wit: To sign its name as surety to. and to execute, seal and acknowledge any ancl all bonds, and to 'respectively do and perform any and all acts and things set fonh In the resolution of the !loar~ of Dfre.ctors of th~ said G~NITE RE, INC. a certified copy of wI1icl1 is hereto annexed and made a pan of this Power of Attorney; and the said GRANITE RE. INC. throlJgh Us, its Board of Directors. hereby ratifies and confirms all and whatsoeVer the said; JONATHAN PATE, WANDA FRANZ. TOM IAHL, LISA M. FRANCOUR may lawfully do In the premises by virtue of these presents. In Witness Whereof, lhe said GRANITE RE, INC. has caused thIs inStrument to bI! sealed with its corporate seal, duly attested by the signature. of Its VIce President and Secretary!Treasurer, this 26th day of October, 2004. 55: # ./J:?~ ";#;,~"'.J'--l R. Darryl FiSher, Vi resident STATE OF OKlAHOMA ). ~~ . .-- Rodman A.. FrOltes, Secretary/Treasurer ~. COUN1Y OF OKLAHOMA ) On this 26'" day of October, 2004, b~fore me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Co mpany and Rodman A. Frates, Secretary/TreOlsurer of said Company, Wllh both or'wl'!om I am person:llly acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher.and Rodman A... Frates were respectively the Vice President and the SecretaryJTr~$llrer of the GRANITE RE. INC., ~e cOrp<lTation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it WOlS so fixed by order of the Board of DireclofS of said corporation. and that they signed their name thereto by like order as Vice President and Secr~t:lry !Treasurer, respectively, of the Company. My Commission Expi.res: May 9. 2.00S- Commission #:00005708 e ~,~ CRANITE RE, INC. Ce rti ncate THE UNDERSIGNED, being the duly elected and a~ing SecretaryfTreasllrer of Grqnlte Re, Inc.. an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct, excerpt from the July 1.5, 1987, minutes of the meeting of the Board of Directors of Granlle Re, Inc. and that sard Power of Attorm!y h.as not been revok.ed and is now in full force and effect. "RESOI.VED, that the President, any Vice President, the Secretary, and any Asslslant Vict: PreSident shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authorIty to execute on behalf of the. company fidelity and surety bonds and other documents of similar character issued by the Company in tile coun;e of Its business. On any Instrument maldng or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such autnorlt)i or on any bond or undertaking of the Company, the seal, or a facsimile thereof, mllY be Impressed or afllxed or In :lny other manner reproduced; provided. hqwever, that the seal sl1all not be necessary to the validtty of any such instrument or undertal<lng:. IN WITNESS WHEREOF. the undersigned has subscribed thi.s Certificate and affixeo the corpor~te seal of the Corporation this 2ad day of Sepltmbt:f, 2005. ~ --- ~ ~~ Rodman A. Frates; Secretary!Treasllrer ..... .~ '.., ..' .,-..................' DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope. Minnesota (hereinafter called OV/I1er) and Jav Bros.. Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: Storm sewer installation and restoration. ARTICLE 2 - THE PROJECT 2.01 The Project for which the work under the Contract Documents may be the whole or only a part is generally described as follows: 2005 Backyard Drainage Improvements Project for the City of New Hope, Minnesota, City Project No. 781. 2.02 Budget constraints may require a revised scope of work for the Project. The Owner reserves the right to eliminate any "Pari" of the Project. Any combination of the 3 parts, including none to all 3, may be awarded with no adjustment to Bid Unit Prices included in the awarded Part(s). ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36, St. Paul, MN 55113 (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Datesfor Substantial Completion and Final Payrnent A. The work will be Substantially Completed on or before November 23,2005. B. Any sod installation or other restoration not completed in 2005 due to weather shall be completed on or before May 10, 2006. e. Contractor shall be ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before June 9, 2006. 000034-05168-0 @ 2005 Bonestroo. Rosene, Anderlik & Associates, [nc, 00520-1 AGREEMENT FOR!>.l 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the times specified in Paragraph 3.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the \vork is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $200.00 for each day that expires after the time specified in Paragraph 3.02 for Substantial Completion until the work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Ovmer, Contractor shall pay Owner $200.00 for each day that expires after the time specified in Paragraph 3.02 for completion and readiness for Final Payment until the work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 O\mer shall pay Contractor for completion of the work in accordance with the Contract Documents an amount in current funds as follows: For all work at the prices stated in Contractor's Bid, attached hereto as an exhibit for an Original Contract Amount of Sixty Thousand Three Hundred Forty-Six Dollars and Five Cents ($60,346.05) for the Total Base Bid. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Pa.vments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during perfom1ance of the work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price work based on the number of units completed) or, in the event there is no Schedule of V alues, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may detem1ine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the work (with the balance being retainage). 000034-05168-0 @ 2005 Bonestroo, Rosene. Anderlik & Associates. Inc, 00520-2 AGREEl\'lENT FORM 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02B5 of the General Conditions and less 100 percent of Engineer's estimate of the value of work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following represen ta ti ons: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Project Site and become familiar with and is satisfied as to the general, local, and Project Site conditions that may affect cost, progress, and performance of the work. e. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Project Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Project Site which may affect cost, progress, or performance of the work, or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc, 00520-3 AGREEMENT FORM G. Contractor is aware of the general nature of work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Project Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 1. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the \\1itten resolution thereof by Engineer is acceptable to Contractor. 1. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. PerfOlmance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications. 6. Drawings bearing the following general title: 2005 Backyard Drainage Improvements. 7. Addenda (Numbers One to Two, inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed; b. Work Change Directives; c. Change Order(s). 000034-05 J 68-0 @ 2005 Bonestroo, Rosene, AnderJik & Associates, [nc, 00520-4 AGREEMENT FORJ\1 B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). e. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLA1"\fEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 000034-05168-0 @ 2005 BonestroD, Rosene, Anderlik & Associates, Inc. 00520-5 AGREEMENT FORi"l IN WITNESS WHEREOF, Ovmer and Contractor have signed this Agreement in duplicate. One (1) counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by O\vner and Contractor or on their behalf. This Agreement will be effective on ,JRP,t: 1;2.. O\vner: Citv.l1::::2Jla ~,' B y~, c/ ,.. c":j/ c / r:.-/ ' ---? - Attest I~( ~7)1b ~ , Address for giving notices: LfLjo/ /UUJ.) t u (oY1 (Lu! /lJ I ~/ /1]/) '551-~J Designated Representative: Name: CI""""[ " 1-'II=PI( 1.1 Vt-__I u'\. 0- r lr-- ,.. t :""',r"''H'- C.. !T'J. r i\t.:VV hurt: ',' -,,,- "I""\R-H 4401 )(YLOr~J f\\lci\AUt:i\JV , .. 1 rc --8 NEW HO~.Ji::, IVB'4 00<+0:::. Title: Address: Phone: 7c::'3-- 53/- S-IOO Facsimile: 703 -531- 513b , 2005 (\vhich is the Effectiv~ Date of the Agreement). Contractor: Jay Bros., Inc. By: /11~ (!,1cJ / ' -.J Attest ~ ~4---- Address for giving notices:tJ ?O,Z~x: 700 :;b\J'L:sl- Lo j~ ~~/v' SSo;;Z:;- / I License No. /v'1/1- (\Vhere"'pplicable) Designated Representative: JAY BROS., INC. GENERAL CONTRACTORS P,O, Box 700' 9218 Lake Drive N,E, Forest Lake, MN 55025 Office: (651) 464-6400 Fax: (651) 464-1704 Cell: (651) 248-1703 Email: mark.jay@jaybros.com Mark R. Jay CFO END OF DOCUMENT 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc, 00520-6 AGREEMENT FORJ\-l Performance Bond Bond No. GRMN24069A Anv singular reference to Contractor. Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) Jay Bros., Inc. P.O, Box 700 SURETY (Name and Principal Place of Business) GRANITE RE, INC. 14001 QUAILBROOK DRIVE Forest Lake, MN 55025 OKLAHOMA CITY, OK 73134 OWNER (Name and Address) City of New Hope 4401 Xylon Ave No. New Hope, MN 55428-4898 CONTRACT Date: 9/23/2005 Amount: $ 60,346.05 Description (Name and Location): CITY PROJECT NO. 781: 2005 BACKYARD DRAINAGE IMPROVEMENTS PROJECT, NEW HOPE, MINNESOTA BOND BOND NO. GRMN24069A Date (Not earlier than Construction Contract Date): 9/23/2005 Amount: $ 60,346.05 ( SIXTY THOUSAND THREE HUNDRED FORTY SIX AND 05/100) Modifications to this Bond Form: NOTE: All funds re/atinQ to this profect are to be sent to Northern Escrow. Inc. for distribution at , 1276 South Robert Street. West Sf. Paul. MN 55118 Phone: (651)457-9621 Fax: (651)457-7531. Surety and Contractor, intending to be legally bound hereby, subject to the tenus printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL Jay Bros., Inc. Company: '1// /--;; ~j Signature: h;?4'-- ;::':;;;::L,..-f /Name and4:ltle' (Seal) . "7' (!/O By: ignature and Title: Jonathan Pate, Attorney-in-Fact (Atta~ (Space is provided below for signatures of additional parties, if required.) , . Attest: 1J Signature and Title CONTRACTOR AS PRINCIPAL Company: SURETY (Seal) (Seal) Surety's name and Corporate Seal Signature: By: Name and Title: Signature and Title: (Attach power of attorney) Attest: Signature and Title EJCDC No. C-610 (2002 Edition) Originally prepared through the joint efforts of The Surety Association of America, Engineers' Joint Contract Documents Conunittee, The Associated General Contractors of America, and the American Institute of Architects. 1. CONTRACTOR and Surety, jointly and severally, bind themselves their heirs, executors, administrators, successors and assigns to the O\\ner for the performance of the ConlTact, which is incorporated herein by reference 2. If CONTRACTOR performs the ConlTact, Surety and CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no OWNER Default, Surety's obligation under this Bond Shall arise after 3.1 OWNER has notified CONTRACTOR and Surety at the address described in Paragraph 10 below, that Owner is con- sidering declaring a CONTRACTOR Default and has requested and at- tempted to arrange a conference \\~th CONTRACTOR and Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If OWNER, CONTRACTOR and Surety agree, CONTRACTOR shall be allowed a reasonable time to perform the Con- tract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a CONTRACTOR Default; and 3.2 The OWNER has declared a CONTRACTOR Default and formally ter- minated CONTRACTOR'S right to complete the conlTact. Such CONTRACTOR Default shall not be declared earlier than twenty days after CONTRACTOR and Surety have received notice as pro- vided in paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to: 1. The Surety in accordance with the terms of the Contract: 2, Another contractor selected pursuant to paragraph 4.3 to perform the conlTact 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for ConlTactor, \\~th consent of Owner, to perform and complete the Contract, or 4.2 Undertake to perform and complete the ConlTact itself, through its agents or through independent contractors; or 4,3 Obtain bids or negotiated proposals from qualified conlTactors acceptable to the Owner for a contract for performance and con- pletion of the ConlTact, arrange for a contract to be prepared for execution by O\\ner and the contractor selected \\~th Owner's concurrence to be secured \\ith performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the ConlTact, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by O\\TIer resulting from the ConlTactor default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; 1, After investigation, determine the amount for which it may be liable to O\\TIer and as soon as practicable after the amount is determined, render payment therefor to O\\TIer, or 2. Deny liability in whole or in part and notifY the O\\ner citing reasons thereof. 5. If Surety does not proceed as provided in Paragraph 4 with reason- able promptness, the Surety shall be deemed to be in default of this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that the Surety perform its obligation under this Bond, and Owner shall be entitled to enforce any remedy available to O\\TIer. If Surety proceeds as provided in Subparagraph 4.4 and O\\ner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice O\\TIer shall be entitled to enforce any remedy available to Owner. 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under paragraph 4.1, 4.2 <X 4.3 above, then the responsibilities of Surety to O\\TIer Shall not be greater than those of the Contractor under the Contract, and the responsibilities of Owner to Surety shall not be Greater than those of Owner under the ConlTact. To a Limit of the amount of this Bond, but subject to commitment by O\\TIer Of the Balance of the ConlTact Price to mitigation of costs and damages On the ConlTact, the Surety is obligated without duplication For: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract. 6.2 Additional legal, design professional and delay costs resulting from the ConlTactor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4, and 6.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or nonperformance of Contractor. 7. The Surety shall not be liable to Owner or others for obligations of The ConlTactor that are unrelated to the ConlTact, and the Balance of the Contract Price, shall not be reduced or set off on account Of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, adminiSlTators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to Contract or to related subconlTacts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or witlJin two years after the ConlTactor ceased work-ing or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the mininum period of limitation availible to sureties as a defense in the jurisdiction of the suit shall be liable. 10. Notice to Surety, O\\TIer or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply \\~th a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed in- corporated herein. The intent is that his Bond shall be construed as a statutory bond and not as a common law bond. 12. Defenitions. 12.1 Balance of the Contract Price: The total amount payable by O\\TIer to Contractor under the ConlTact after all proper adjustments have been made, including allowance to ConlTactor of any amounts received or to be received by O\\ner in settlement of insurance or other claims for damages to which ConlTactor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the contract. 12.2 Contract: The agreement between O\\TIer and ConlTactor identified on the signature page, including all Contract Documents and changes thereto, 12.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or othen\ise to comply \\~th the terms of the Contract. 12.4 O\\ner Default: Failure of O\\TIer, which has neither been remedied not waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY - Name Address and Telephone) Surety Agency or Broker: Pate Bonding, Inc., 1276 South Robert Street, West St. Paul, MN 55118 (651 )457-6842 OWNER'S REPRESENT A TlVE (Engineer or other Party): BONESTROO, ROSENE, ANDERLlK & ASSOC., INC. 00610-2 County of ACKNOWLEDGMENT OF PRINCIPAL (Individual) ) ) ) State of On this day of in the year , before me personally come(s) , to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. Notary Public State of ACKNOWLEDGMENT OF PRINCIPAL (Partnership) ) ) County of On this day of in the year , before me personally come(s) , a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of 1l7/N,{/&5~7,q ) ) County of A/i/~/CA ) On this zq 7# day of S~Pl/6~ &/NZ-IC- /2--. J A-y says that he is the C. I'=-. O. in the year z:oo.s-, before me personally come(s) , to me known, who, being duly sworn, deposes and J/l '7' Et20s. / /(/G. of the the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. ~ ~~ ~t4/ v:~~, ~ -- Notary ublic I' ) // KNOWLEDGMENT OF SURETY j/ State of Minnesota) ) County of Dakota ) On this 23rd day of September, in the year 2005, before me personally come(s) Jonathan Pate, Attorney(s)-in-Fact of GRANITE RE, INC. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s)-in- Fact of GRANITE RE, INC. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attorney(s)-in-Fact of t e said company by like order. i~f}<'J"""',l'.::..e,"r7ii'"'" 1 LISA M, FRANGOUR 1 NOTARY PUBLIC. MINNESOTA ~ My Corrmssion EXPires Jan 31,2010 ~--~~~~~~~ ~~J'V"'V';"'''"'\.';;;-''',tv..,.;,.,.. .. GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INe., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA FRANZ, TOM LAHL, LISA M. FRANCOUR its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution ofthe Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INe. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE, WANDA FRANZ, TOM LAHL, LISA M. FRANC OUR may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer, this 26th day of October, 2004. STATE OF OKLAHOMA ) ) SS: COUNTY OF OKLAHOMA ) ~~_~~_L: R. arryl isher, e reSident ~- ~ Rodrrlan A. Frates, Secretary/Treasurer On this 26th day of October, 2004, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INe. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: May 9, 2008 Commission #:00005708 ~cf~ Notary Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15,1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOL VED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 23rd day of September, 2005. ~ --- ~ ~ odman A. Frates, Secretary/Treasurer Payment Bond Bond No. GRMN24069A Anv singular reference to Contractor. Surety. Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) Jay Bros., Inc. P.O. Box 700 SURETY (Name and Principal Place of Business) GRANITE RE, INC. 14001 QUAILBROOK DRIVE Forest Lake, MN 55025 OKLAHOMA CITY, OK 73134 OWNER (Name and Address) City of New Hope 4401 Xylon Ave No. New Hope, MN 55428-4898 CONTRACT Date: 9/23/2005 Amount: $ 60,346.05 Description (Name and Location): CITY PROJECT NO. 781: 2005 BACKYARD DRAINAGE IMPROVEMENTS PROJECT, NEW HOPE, MINNESOTA BOND BOND NO. GRMN24069A Date (Not earlier than Construction Contract Date): 9/23/2005 Amount: $ 60,346.05 i SIXTY THOUSAND THREE HUNDRED FORTY SIX AND 05/100) Modifications to this Bond Form: NOTE: All funds relatinq to this proiect are to be sent to Northern Escrow, Inc. for distribution at 1276 South Robert Street. West St. Paul. MN 55118 Phone: (651)457-9621 Fax: (651)457-7531. Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL Jay Bros., Inc. Company: Itl //~ Signature: J "(,..vL>;' / Name and Toft (Seal) C.?o By: Signature and Title: athan Pate, Attorney-in-Fact (Atta~h P wer of Attorney) (Space is provided below for signatures of additional parties, if required.) . ~ Attest: Signature and Title CONTRACTOR AS PRINCIPAL Company: SURETY (Seal) (Seal) Surety's name and Corporate Seal Signature: By: Signature and Title: (Attach power of attorney) Name and Title: Attest: Signature and Title EJCDC No. C-615 (2002 Edition) Originally prepared through the joint efforts of The Surety Association of America, Engineers Joint Contract Documents Committee, The Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. I. Contractor and Surety, jointly and severany, bind themselves, their heirs, executors, administrators, successors and assigns to Owner to pay for labor, materials and equipment furnished for use in the performanse of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promplty makes payment, directly or indirectly, for an sums due Claimants. and 2.2 Defends indemnifies and holds harmless Owner from an claims, demands, liens or suits aneging non-payment by contractor by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided O\\TIer has promptly notified Contractor and Surety (at the address described in Para- graph 12) of an claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for an sums due. 4. The Surety shan have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the O\\TIer, starting that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: I. Have furnished \vritten notice to Contractor and sent a copy, or notice thereof, to Owner, \vithin 90 days after having last performed labor or last furnished materials or equipment in- cluded in the claim stating, \vith substantial accuracy the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received \vithin 30 days of furnishing the above notice any communication from Contractor by which Contractor has indiciated the claim win be paid directly or indirectly: and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to O\\TIer stating that a daim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice required by Paragraph 4 is provided by Owner to Con- tractor or to Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shan promptly and at the Surety's expense take the fonowing actions. 6.1 Send an answer to the Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and teh basis for challenging any amounts that are disputied. 6.2 Payor arrange for payment of any undisputed amounts. 7. Surety's total obligation shan not exceed the amount of this Bond and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By Contractor furnishing and O\\TIer accepting this Bond, they agree that an funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Con- tractor and Surety under this Bond, subject to O\\TIer's priority to use the funds for the completion of the work. 9. Surety shan not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Con- tract Owner shan not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or othenvise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. II. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Paragraph 4.2.3, cr (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, O\vner or Contractor shan be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, O\vner or Contractor, however accomplished, shan be sufficient compliance as of the date received at the address shO\VTI on the signature page. 13. When this Bond has been furnished to comply \vith a statutory requirement in the location where the cons tract was to be per- formed, any provision in this Bond conflicting with said statutory or legal requirement shan be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shan be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shan promptly furnish a copy of this Bond or shan permit a copy to be made. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with Contractor or \vith a first-tier subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include with- out limitation in the tenns "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone ser- vice or rental equipment used in the Contract, archi- ectual and engineering services required for performance of the Work of the Contractor and the Contractor's subcontractors, and an other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Contract: The agreement between O\\TIer and Contractor identified on the signature page, including an Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply \vith the other tenns thereof. (FOR INFORMATION ONLY - Name Address and Telephone) Surety Agency or Broker: Pate Bonding, Inc., 1276 South Robert Street, West St. Paul, MN 55118 (651)457-6842 OWNER'S REPRESENTATIVE (Engineer or other Party): BONESTROO, ROSENE, ANDERLIK & ASSOC., INC. 00615-2 State of ACKNOWLEDGMENT OF PRINCIPAL (Individual) ) ) County of On this day of in the year , before me personally come(s) , to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. Notary Public State of ACKNOWLEDGMENT OF PRINCIPAL (Partnership) ) ) County of On this day of in the year , before me personally come(s) , a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of /?//N'A.../e;;5d>7A- ) ) County of A/t/~/..?ri ) On this Z- '7 -m day of S&7Crr07tdc.e- PJrf/UL /2-. J~7 says that he is the C. 1--. O. in the year Z,()t!:>:S- , before me personally come(s) , to me known, who, being duly sworn, deposes and of the \~4y 324"$'. /UCr the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. ~~Y;~ NOWLEDGMEN~~::RETY / / State of Minnesota) ) County of Dakota ) On this 23rd day of September, in the year 2005, before me personally come(s) Jonathan Pate, Attorney(s)-in-Fact of GRANITE RE. INC. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s)-in- Fact of GRANITE RE. INC. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attorney(s)-in-Fact of the said company by like order. cIJJtJ;~ Notary Public GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INe., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA FRANZ, TOM LAHL, LISA M. FRANCOUR its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INe. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE, WANDA FRANZ, TOM LAHL, LISA M. FRANC OUR may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer, this 26th day of October, 2004. STATE OF OKLAHOMA ) ) SS: COUNTY OF OKLAHOMA ) ~{f-- ~~'4L ~ 1 R. arryl isher, e reSIdent .. ~- ~ ,,;-- Rodman A. Frates, Secretary/Treasurer On this 26th day of October, 2004, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INe. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretaryffreasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: May 9, 2008 Commission #:00005708 ~cf'~ Notary Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretaryffreasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof. may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 23rd day of September, 2005. ~ -- ~ '~ odman A. Frates, Secretary/Treasurer PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: SURETY Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL Company: SURETY Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C-610 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors. administrators, successors, and assigl15 to Owner for the performance of the Contract. \vhich is incorporated herein by reference. 2, If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3, If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than IS days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right. if any, subsequently to declare a Contractor Default; and 3,2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3,1; and 3.3, Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2, Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4, When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete. arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: I. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2, Deny liability in whole or in part and notify Owner citing reasons therefor. 5, If Surety does not proceed as provided in Paragraph 4 with reasonable promptness. Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligatiol15 under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part. without further notice Owner shall be entitled to enforce any remedy available to Owner. 6, After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1. 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract. and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal. design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7, Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time. to Contract or to related subcontracts. purchase orders, and other obligations, 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety. Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed. any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12, Definitions, 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made. including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled. reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2, Contract: The agreement between Owner and Contractor identified on the signature page. including all Contract Documents and changes thereto , 12.3, Contractor Default: Failure of Contractor. which has neither been remedied nor waived. to perform or otherwise to comply with the terms of the Contract. 12.4, Owner Default: Failure of Owner, which has neither been remedied nor waived. to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMA nON ONLY - Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineer or other party) PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: SURETY Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL Company: SURETY Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C-615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2..1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: 1. Have furnished wriaen notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a wriaen notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5, If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2, Payor arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety . 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15,1. Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto ' 15,3. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFOR.J'YIATION ONLY - Name, Address and Telephone Surety Agency or Broker: Owner's Representative (engineer or other party): DOCUMENT 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. ARTICLE 1 - DEFINITIONS AND TER1\1INOLOGY SC-1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC 2.02.A Amend the first sentence of Paragraph 2.02.A by striking out the word "ten" and inserting the word "five." ARTICLE 4 AVAILABILITY OF LAL'IDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS SC-4.02 Delete 4.02.A and 4.02.B in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Project Site are known to the Owner or Engineer. ARTICLE 5 - BONDS A't\TD INSUR.AL'JCE SC-5.0l Add the following new paragraph irnrnediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2002 Edition) or a similar bond form if approved by Owner. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc, 00800-1 SUPPLEMENTARY CONDITIONS SC-5.03.B Delete Paragraph 5.03.B in its entirety and insert the following: B. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such msurance. C. By requmng such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. SC-5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. vVorker' s Compensation Insurance Coverage A - Statutory Coverage B - $500,000 $500,000 $500,000 Each Accident Disease - Policy Limit Disease - Each Employee 2. Commercial General Liability $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury 3. Comprehensive Automobile Liability $1,000,000 Combined Single Limit - Bodily injury and property damage. All owned, non-owned, and hired vehicles. 4. Umbrella Excess Liability $1,000,000 $1,000,000 Each Occurrence Aggregate Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 000034-05168-0 @ 2005 Bonestroo, Rosene, Ander1ik & Associates, 1nc, 00800-2 SUPPLEMENTARY CONDITIONS 5. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: Owner. Engineer. SC-5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire work at the Project Site. The insurance policy shall comply with the provisions of Paragraph 5.06.Al through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.1 0 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC-5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the work. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.06 Add the following new paragraph immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100., the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. SC-6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 1 - General Requirements." SC-6.19.A Delete the words "representation of' in the second sentence. 000034-05168-0 @ 2005 Bonestroo, Rosene. Anderlik & Associates, lnc, 00800-3 SUPPLEMENTARY CONDITIONS ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC-10.05.B Amend the first sentence of Paragraph 10.05.B by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.B by replacing the words "60 days" with the words "30 days." ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTNE WORK SC-13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the word "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.B5 Add the following new item immediately after Item l4.02.B5d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 -DISPUTE RESOLUTION SC-16.0l Delete Paragraph 16.01.C in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC-16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC-16.02 Add the following new paragraph immediately after Paragraph 16.01: SC-16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC-16.01.A and 16.01.B, but not including any claim in excess of $100,000, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect, subject to the conditions and limitations of this Paragraph SC-16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-4 SUPPLEMENTARY CONDITIONS B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 day period specified in Paragraph SC-16.01.C, and in all other cases within a reasonable time after the claim or counterclaim, dispute, or, other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer and Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. in inclusions of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Documents provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF DOCUMENT 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-5 SUPPLEMENTARY CONDlTlONS SECTION 01100 SUMMARY PART 1 - GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project and work restrictions. 1.02 SUMMARY OF WORK A. Project Name: 2005 Backyard Drainage Improvements for the City of New Hope, Minnesota, City Project No. 781. B. Description of Work: The installation of storm sewer pipe and structures, and the street and green area restoration associated by the construction. 1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.05 WORK RESTRICTIONS A. Use of Project Site: 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be approved by Engineer and removed upon completion of work. 2. Keep existing driveways and entrances clear and available to the public and to the Owner. 3. Store stockpile, pipe, and other materials in areas where disturbance and restoration will occur whenever possible. 4. If additional space is needed, obtain and pay for such space off Project Site. Materials or equipment left in the street must be protected with adequate traffic control devices. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-1 SUMMARY B. Access to Project Site: 1. Restrict yard access to area disturbance will occur due to pipe installation. 2. Any restoration required due to Contractor negligence or carelessness will be the responsibility of the Contractor at no additional cost to the Owner. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-2 SUMMAR Y SECTION 01200 PRICE AND PAYMENT PROCEDURES PART 1 - GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for allowances, pricing of work, and request for payment procedures. 1.02 ALLOWANCES A. Cash allowances have been included in the Specifications. These allowances are to be used for Bidding purposes. Allowance costs in excess ofthe funds provided shall be paid by Change Order. At closeout of Contract, allowance funds not authorized for payment will be credited to the Owner by Change Order. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 ofthe General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. B. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. PART 2 - PRODUCTS Not Used 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01200-1 PRICE AND PAYMENT PROCEDURES PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Landscaping, Driveway, Etc. Restoration. The unit for this Bid Item is per dollar, with a set total amount of$5,000. This dollar amount is to serve as a uniform allowance to cover costs associated with the restoration ofthe landscaping, neighboring driveway, or other unavoidable disturbances that occur in Part 1. The Contractor will be expected to coordinate the work. Any costs encountered by the Contractor shall be paid via this allowance. Mark-up of subcontractor costs shall be limited to 10 percent by the Contractor. B. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01200-2 PRICE AND PAYMENT PROCEDURES SECTION 01310 PROJECT MANAGEMENT AND COORDINATION PART 1 - GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Project coordination. 1.02 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Project Site. B. Project Utility Sources: Coordinate work with the following utility owners. The following utilities are known to be on the Project Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. " Storm Sewer: Owner. ,). 4. Electric: Xcel Energy. 5. Gas: Reliant Energy. 6. Telephone: Qwest. 7. Cable TV: Comcast. C. Owner requires 48 hour notice for all utility interruptions. 1.03 PERL\1ITS A. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.04 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer and Resident Project Representative a minimum of 48 hours notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of work. 000034-05168-0 CQ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01310-1 PROJECT MANAGEMENT AND COORDINATION B. Engineer will furnish a Resident Project Representative consistent with Paragraph 9.10 of the Supplementary Conditions. 1.05 PROJECT MEETINGS A. Administrative Requirements: 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Proj ect meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstmction Conference: 1. Provisions for the Preconstmction Conference are set forth in the General Conditions. 2. Requirements for preconstmction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01330- Submittal Procedures. C. Progress Meeting Procedures: 1. Engineer may schedule constmction progress meetings throughout the duration ofthe Project to assess the progress ofthe work, identify and discuss Project related issues, and discuss near-term constmction activities. 1.06 CONSTRUCTION SCHEDULING A. Sequencing and Scheduling: 1. Once construction commences for each Part, constmction shall continue wltil "Substantial" Completion in attempt to minimize duration of disruption for each part. Substantial Completion refers to completing all work, including sewer and appurtenances installation, grading, and cleanup. Given there is no extended time period between the completion of the Parts awarded, final shaping and sod may be scheduled for a single mobilization if desired. 1.07 SUBMITTALS A. Submit a minimum of 4 copies of shop drawings, plus the quantity of copies the Contractor wants returned. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Jnc, 01310-2 PROJECT MANAGEMENT AND COORDINATION PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01310-3 PROJECT MANAGEMENT AND COORDlNA TION SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Temporary utilities and miscellaneous temporary facilities required during construction. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. 1.03 SUBMITTALS A. Submit Traffic Management and Control Plan. Plan shall include the following information: 1. Haul and access routes. 2. Traffic control measures, 3. Permits or applications required by local authorities. 4. Temporary facilities required. PART 2 - PRODUCTS Not Used P ART 3 - EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the work at the Project Site. B. Establish Contractor offices, building, or other facilities necessary for work on the Proj ecL 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01500-1 TEMPORARY FACILITIES AND CONTROLS C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all non-City or County owned signs, posts, etc. that may be within the Project Site as directed by Engineer. B. Remove existing mailboxes and posts, and temporarily install in locations determined by Engineer. Replace mailboxes prior to Substantial Completion. Removal, temporary reinstallation, and replacement shall occur such that mail delivery is not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction: 1. Obtain water for construction from locations designated by the Owner. 3.04 CONSTRUCTION FACILITIES A. Sanitary Facilities: 1. Comply with all governing regulations, including safety and health codes for sanitary fixtures and facilities. 2. Contractor may provide self-contained toilet units consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3.05 TEMPORARY CONSTRUCTION A. Pumping and Dewatering: 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the work. Provide erosion control measures for discharge of water. 3. Protect Project Site and adjacent property to avoid damage. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, lnc, 01500-2 TEMPORARY FACILITIES AND CONTROLS 3.06 TRAFFIC CONTROL A. Provide and maintain all traffic control devices needed to guide, warn, control, and protect traffic throughout the Project Site. All traffic control devices and other protective measures shall conform to MMUTCD. B. Remove traffic control devices at the conclusion ofthe work. C. Flaggers are required to protect construction vehicles during unloading or construction materials. Conform to the requirements ofthe MMUTCD, the Flagging Handbook included in the Field Manual for Temporary Traffic Control Zone Layouts, and the following: while on duty flaggers shall wear hard hats and reflectorized florescent orange rests; and flaggers shall be fully clothed when on duty with shirt or blouse, slacks or trouser, and sturdy shoes. D. Field Quality Control: 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. 2. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance oftraffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. 3. Provide access for emergency vehicles and busses to all residences at all times. 4. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Proj ect within 1 hour ofthe time of notification. 5. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic, natural causes, or when requested by Engineer. 3.07 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers: 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect work. 000034-05168-0 rg 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01500-3 TEMPORARY FACILITIES AND CONTROLS 2. Damage to the Project Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the work remain unattended if a dangerous condition exists because of incomplete removal or Project Site repairing. 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Mobilization for each ofthe 3 Parts. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent ofthe Total Bid for each Part: 1. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following (for each Part): Cumulative Percent of Mobilization Item Paid Commencement of work for each Part Percent of original contract amount earned - 25 Percent of original contract amount earned - 50 Percent of original contract amount earned - 100 50 70 90 100 B. A Bid Item has been provided for Traffic Control in Part 1. Measurement will be Lump Sum. This will be considered payment in full for the supplying, maintaining, and removal of all Traffic Control devices necessary to maintain traffic flow during completion ofthe work included in Part 3. Traffic control for the remaining Parts will be considered incidental and should be included in the Total Bid for each Part. C. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01500-4 TEMPORARY FACILITIES AND CONTROLS SECTION 01570 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 - GENERAL 1.01 SECTION INCLUDES A. Temporary measures to control soil erosion and sedimentation. 1.02 RELATED SECTIONS A. Section 02920 - Lawns and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 1803 - Prosecution of Work. 2. 2573 - Temporary Erosion Control. 3. 3886 - Silt Fence. 4. 3893 - Sandbags. 1.04 QUALITY ASSURAL'\TCE A. Qualifications: 1. MnDOT Inspector/Installer Certification. 1.05 PERMITS A. General: 1. This Project does not disturb 1 or more acres of total land area. Submission of the application for the MPCA's General Storm Water Permit for Construction Activity is not required. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-1 TEMPORARY EROSION AND SEDUvlENT CONTROL 1.06 SEQUENCING AND SCHEDULING A. Conform to MnDOT Spec. 1803.5: 1. All temporary erosion control measures to be installed prior to any grading activities or as directed by Engineer, 2. Permanent erosion control measures are to be installed when deemed appropriate during the grading process. B. Contractor is responsible for the establishment of permanent turf in accordance with Section 02920 - Lawns and Grasses to prevent excessive soil erosion. PART 2 - PRODUCTS 2.01 SILT FENCE A. Silt Fence: 1. Geotextile Fabric: Monofilament/Monofilament Geotextile conforming to MnDOT Spec. 3886.2A: a. Width: Minimum 24 inches. 2. Posts: Minimum length 48 inches. Minimum embedment is 18 inches below ground surface with a maximum: a. Maximum post spacing of 6 feet. 2.02 STORi\1 DRAIN INLET PROTECTION A. Paved streets with concrete curb and gutter inlet protection: 1. Geotextile fabric (woven), installed between grate and casting. 2. Wrap geotextile fabric over curb and secure with posts behind curb. B. Non-paved surfaces without curb and gutter inlet protection: 1. Geotextile fabric (woven), installed between grate and casting. 2.03 SANDBAG BARRIER A. Sandbags: Conform to MnDOT Spec. 3893. B. Fill sandbags with 3/4 inch drain rock or 1/4 inch pea gravel. 000034-05168-0 <9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-2 TEMPORARY EROSION AND SEDIMENT CONTROL 2.04 DUST CONTROL A. Water shall be clear and free from suspended fine sediment. PART 3 - EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2573.3: 1. Minimize the amount of disturbed land that is susceptible to erosion. 2. Install the appropriate temporary erosion and sediment structural controls measures in accordance with approved sequence of construction. 3. Only disturb, clear, or grade areas necessary for construction. Delineate areas not to be disturbed: a. Exclude vehicles and construction equipment from these areas to preserve natural vegetation. 3.02 INSTALLATION A. Silt Fence: Conform to MnDOT Spec. 2573.3B3: 1. Silt fence shall be installed as directed by Engineer if erosion concerns become evident. B. Sandbag Barriers: 1. Bags shall be about 1/2 to 2/3 full. 2. Place in a curved row from the top of curb at least 3 feet into the street. The row shall be curved at the ends, pointing uphill. 3. Several layers of bags shall be overlapped and packed tightly. 4. Leave 1 sandbag gap in the top row to act as a spillway. 000034-05168-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, lnc, 01570-3 TEMPORARY EROSION AND SEDIMENT CONTROL 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3D, and as follows: 1. Contractor is responsible for inspection, maintenance, and repair of any washouts or accumulations of sediment that occur as a result ofthe grading or construction. Restoration consists of grade repair, turf re-establishment, and street sweeping of mud and debris tracked from the Project Site. 2. Inspection of all erosion control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. Upon final acceptance ofthe Project and establishment ofpermanent erosion control measures, the Contractor shall remove all temporary erosion control measures. B. Control dust blowing and movement on Project Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and offsite damage, to prevent health hazards, and to improve traffic safety: 1. Dust control measures will be considered incidental. C. Acceptance of Work: Conform to MnDOT Spec. 2573.3C. 3.04 MEASUREMENT AND PAYMENT A. All work and costs ofthis Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05168-0 :Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-4 TEMPORARY EROSION AND SEDlNlENT CONTROL SECTION 02225 REMOVALS P ART 1 - GENERAL 1.01 SECTION INCLUDES A. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2104 - Removing Pavement and Miscellaneous Structures. 1.03 DEFIN1TIONS A. Remove: To take away or eliminate from the Project Site by any method selected by the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re-assembled, replaced, or reused in a workable condition equal to that existing before removal. 1.04 REGULATORY REQUIREMENTS A. Confoffi1 to MnDOT Spec. 2104.3C, with the following modifications: 1. All materials designated for removal shall be disposed of outside the Project Site at locations 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. 1.05 SCHEDULING A. Prior to starting work, submit 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 immediately. 000034-05168-0 <Q 2005 Bonestroo, Rosene, Anderlik & Associates, lnc, 02225-1 REMOVALS C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 -PRODUCTS Not Used P ART 3 - EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. 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. E. Fill holes resulting from removals. 3.02 EXA1\1INATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. B. Develop plan acceptable to Engineer and postal service for maintaining mail service. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel, and public and private property in the areas of work. B. All street signs, traffic control signs, guy wires, mailboxes, 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. 000034-05168-0 lid 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-2 REMOVALS D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways 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 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line to a depth of 1/3 ofthe thickness of the concrete prior to breaking off the pavement. B. Bituminous Pavement: Saw along the removal line to a minimum depth of3 inches prior to breaking off the pavement. 3.05 REMOVE BITUMINOUS PAVEMENT, PATH, DRIVEvVAY A. Remove in accordance with MnDOT Spec. 2104.3B, except as modified below. B. Sawcut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. C. 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. 3.06 REMOVE CURB AND GUTTER A. Sawcut at removal limits (Incidental). B. Concrete Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). 000034-05168-0 <9 2005 Bonestroo, Rosene, Anderlik & Associates, lnc, 02225-3 REMOVALS 3.07 REMOVE CONCRETE SURFACING A. VV ork includes sidewalks and driveways. B. Sawcut concrete surfacing prior to removal. C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. When removing existing sidewalks, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 6 inches maximum beyond and 8 inches maximum below existing grade). E. When removing existing driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). F. 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. 3.08 SALVAGE AND REINSTALL A. Signs: 1. In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made for a temporary installation or its disposition: a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. 2. Remove and salvage all posts, A-frame angle brackets, stringers, as well as the nuts, bolts, and washers. 3. Exercise reasonable care against damage to in-place signs during storage and installation. 4. Remove signs damaged during construction and replace with new signs. B. Mailboxes: 1. Remove and salvage existing mailboxes that interfere with the work or whose access is restricted by the construction activities. 2. Place at temporary locations as directed by Engineer. 000034-05 I 68-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-4 REMOVALS 3. Removal, temporary re-installation, and replacement shall occur such that mail delivery is not interrupted. 4. Reinstall in locations as shown on Drawings or as directed by Engineer. 5. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. C. Fences: 1. Salvage and store fence and post material where they are in conflict with the work. 2. After completion of work, reinstall fence to the condition existing prior to removal. 3.09 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be ofthe same shape, dimension, location, and quality of the original item prior to construction. B. Items damaged during removal or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. 3.10 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Project Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Project Site. 3.11 MEASUREMENT AND PAYMENT A. Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. B. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all work and costs ofthe following Bid Items: 1. Sawing Concrete Pavement: Per lineal foot along the saw cut line as staked. 000034-05168-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, lnc, 02225-5 REMOVALS 2. Sawing Bituminous Pavement: Per lineal foot along the saw cut line as staked. 3. Remove Bituminous Pavement: Per square yard without regard to thickness, including integral bituminous curb. 4. Remove Concrete Sidewalk: Per square foot without regard to thickness. 5. Remove Concrete Curb and Gutter: Per lineal foot of the type specified. 6. Remove Concrete Driveway Pavement: Per square yard without regard to thickness. 7. Salvage and Reinstall Fence: Per lineal foot of the type specified. 8. Salvage and reinstall signs and mailboxes will be incidental. C. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc, 02225-6 REMOVALS SECTION 02230 SITE CLEARING PART 1 - GENERAL 1.01 SECTION INCLUDES A. Removal and trimming of vegetation and trees, and stripping and stockpiling of sod and topsoil. 1.02 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with a brush scythe or mowing machine, including small isolated trees having a diameter of 4 inches or less at a point 2 feet above the ground surface. B. Clearing: Cutting, removing, and disposing of trees, shrubs, bushes, windfalls, and other vegetation in the designated areas. C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. D. Tree TrimrninglPruning: Cutting broken, damaged, or obstructing branches and installing wound dressing. 1.03 QUALITY ASSURANCE A. Burning: 1. Burning is not allowed. 1.04 PROJECT SITE CONDITIONS A. Protect specimen trees close to work that are designated to remain but may be damaged by work. 1.05 SEQUENCING AND SCHEDULING A. Complete before or sufficiently ahead of excavation, backfill, and compacting for utilities. B. Install temporary erosion control measures prior to work ofthis Section. 000034-05168-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230-1 SITE CLEARING PART 2 - PRODUCTS 2.01 WOUND DRESSING A. Asphalt base tree paint. B. Other acceptable materials per Engineer's approval. PART 3 - EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing work. B. Assume multiple mobilizations for the work ofthis Section. C. Stockpile soil to eliminate contamination with other onsite materials. 3.02 CLEARING AND GRUBBING A. Clearing Trees: Cut off, remove, and dispose of trees and brush in the areas designated as a clearing operation. When grubbing is not required, the point of cut off shall be 6 inches above the ground. B. Clearing Brush: Cut even with the ground surface. C. Grubbing: Remove brush, stumps, roots, and other remains to a depth of 6 inches below sub grade for all proposed sections. 3.03 TRIMMING AND PRUNING A. As directed by the Engineer, tlim trees that are to be saved but interfere with the proposed construction. Paint all cuts with wound dressing. 3.04 STRIPPING A. After clearing and grubbing have been completed, strip sod and topsoil to a line 2 feet outside of areas to be occupied by structures, walks, roadways, areas to be excavated or filled, and other areas shown. B. Stockpile sufficient topsoil to re-spread at a uniform depth of 4 inches to all disturbed areas identified for seeding or sodding: 1. Do not strip within the drip line of trees identified to remain. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc, 02230-2 SITE CLEARING 3.05 DISPOSAL A. Dispose of all cleared and grubbed material and debris at a location selected by the Contractor. B. Disposal site should be a properly designated landfill area as determined by appropriate governmental agencies or lands under direct control of the Contractor. C. Stripped materials not used for embankments shall be disposed off Project Site. D. Onsite burial of any debris is not permitted. 3.06 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. 2. 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. 3.07 MEASUREMENT AND PAYMENT A. A .Bid Item has been provided for Clearing and Grubbing. Measurement will be by physical count of each tree cleared and grubbed having a diameter of more than 4 inches at a point 24 inches above the ground surface. Payment will constitute compensation in full for all removal, disposal work, and costs. B. Sod Removal: This work is considered incidental to the other work of the Contract. C. Windfall/Deadfall Removal: This work shall be incidental to the Project with no direct compensation. D. Brush Removal: This work shall be incidental to the Project. E. Stripping and Stockpiling of Soil: This work shall be considered incidental to other work in the Contract. F. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230-3 SITE CLEARING SECTION 02280 ADJUST MISCELLANEOUS STRUCTURES PART 1- GENERAL 1.01 SECTION INCLUDES A. Adjustment of utility structures. 1.02 RELATED SECTIONS A. Section 02630 - Storm Drainage. B. Section 02741 - Plant Mixed Asphalt Pavement. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A48 - Specification for Gray Iron Casting. 2. C6 - Specification for Normal Finishing Hydrating Lime (Mortar). 3. C141 - Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 4. C150 - Specification for Portland Cement (Concrete RingslMortar). 1.04 DEFIN1TIONS A. Adjust Frame and Ring Casting: A change in rim elevation accomplished for manholes or catch basins through the addition or removal of adjustment rings only. Adjustment does not include the addition or removal of sections from the structure. 1.05 SEQUENCING A1"ID SCHEDULING A. Contractor, Engineer, and Owner shall inspect all existing structures prior to beginning construction. B. Owner will remove any foreign material found in the existing structures prior to construction. Contractor is responsible for removing any foreign material that enters the structures during construction. 000034-05168-0 19 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-1 ADJUST MISCELLANEOUS STRUCTURES PART 2 - PRODUCTS 2.01 ADJUSTING RING 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 wire. 4. Thickness: Minimum 2 inches, maximum 4 inches. 2.02 ADHESION MATERIALS A. Mortar: 1. Standard Portland Cement: Type I, ASTM C150. 2. Normal Finishing Hydrated Lime: ASTM C6. 3. Hydraulic Hydrated Lime for Structural Purposes: ASTM C141. 4. Mix Proportions: 1 part cement to 3 parts mortar sand; lime may be added to mixture: maximum amount 15 percent by volume. 2.03 CASTINGS A. Manhole, Catch Basin Frames, and Covers: 1. Requirement: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Finish: Coal tar pitch varnish. 4. Finish Preparation: Sandblast. 5. Machine cover and frame contact surface for non-rocking protection. 6. Type and Style: NEENAH R1642, Type "C" Grate, or approved equal, for storm sewer yard drains, and NEENAH R3067, Type "V" Grate, or approved equal, for storm sewer catch basin manholes and catch basins. 000034-05168-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-2 ADJUST MISCELLANEOUS STRUCTURES 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 grade, no adjustment is to be made. C. The frame shall be raised or lowered to match the street or gutter. D. Protect existing structures from damage. E. Prevent sand, concrete, or any other debris from entering the structures. 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 3.03 ADJUST FRAME AND RING CASTING A. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. B. Concrete Adjusting Ring: 1. Mortar top and bottom surfaces of all concrete adjusting rings; between surface of top slab and bottom ring; between surface oftop ring and casting; on entire surface of area of ring with no gaps. Mortar Thickness: 14" to Y2". 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 2, maximum of 6 adjusting rings allowed. 8. Use a 6 inch ring where applicable. 000034-05168-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-3 ADJUST MISCELLANEOUS STRUCTURES 3.04 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 3/8 inch below the rim of the adjustment structure will require removal and replacement ofthe bituminous surfacing at the Contractor's expense. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Adjust Manholes and Catch Basin Frames 1/8 inch to 3/8 inch below grade prior to placing the final wear course. Thorough tamping ofthe material around manhole and catch basin frames is required. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. In such cases the crown or gutter shall be either lowered or raised, as the case may be, to put the street and frame at the same grade. D. Adjust frame upward with standard concrete adjustment rings ofthe same size as the cone or slab opening. Place each adjustment ring and frame in a full mortar bed. Adjusting rings needed to raise the casting to grade shall be incidental to the adjustment pay item. E. Adj ust frame downward by removing the necessary number of adjustment rings from the structure and resetting the frame in a full mortar bed to grade. F. Regardless of the direction of adjustment, no shims of any material will be allowed. The minimum thickness of all mortar joints shall be at least 1/4 inch with a maximum allowable thickness of 1/2 inch. All excess mortar from the joint shall be wiped clean from the inside of all rings and frame. All manhole castings must be replaced prior to the placing of the final wear course. 3.05 MEASUREMENT AL'ID PAYMENT A. Adjusting Manhole Frame and Ring Casting: Adjustment ofthe manhole frame and ring castings in this Contract are considered incidental to the installation of the manhole. B. Adjust Catch Basin Frame and Ring Casting: Adjustment of the catch basin frame and ring castings in this Contract are considered incidental to the installation ofthe catch basin. C. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05168-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02280-4 ADJUST MISCELLANEOUS STRUCTURES SECTION 02318 SUBGRADE PREPARATION PART 1 - GENERAL 1.01 SECTION INCLUDES A. Grading, shaping, and compacting subgrade prior to placing a base or surface course. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 1.03 SEQUENCING ANI) SCHEDULING A. Complete subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. 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. 3.02 COMPACTION A. Conform to MnDOT Spec. 2105.3F1, 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 Moisture. 2. Density and moisture tests will be taken on the compacted sub grade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 000034-05168-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02318-1 SUBGRADE PREP ARA TION 3.03 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3G, or as modified below: 1. Not vary by more than 0.05 feet above or below the prescribed elevation at any 1 point where a measurement is made. 3.04 MEASUREMENT AND PAYMENT A. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related work shall be considered incidental to the Project with no direct compensation made therefor. B. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05168-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02318-2 SUBGRADE PREPARATION SECTION 02320 TRENCH EXCA V A TION AND BACKFILL PART 1 - GENERAL 1.01 SECTION INCLUDES A. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. B. American Society of Testing Materials (ASTM): 1. D2321 - Recommended Practice for Underground Installation of Flexible Thermoplastic Sewer Pipe. 1.03 SUBMITTALS A. Provide the following submittals: 1. Product Data: a. Each Borrow Material: 1) Name and location of source. 2) Results of gradation tests. 1.04 DEFINITIONS 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 true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. 000034-05168-0 <1d 2005 Bonestroo, Rosene, AnderIik & Associates, Inc. 02320-1 TRENCH EXCA V A TION AND BACKFILL C. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pIpe. 1.05 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction III a gIVen area, requesting utility locations in the field. D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.06 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1 inch as measured by a 10 foot straight edge will be repaired in a manner acceptable to the Owner at the Contractor's expense. PART 2 - PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC) Pipe and High Density Polyethylene (HDPE) Pipe: 1. Comply with MnDOT Spec. 3149 .2B 1 for granular borrow: a. No onsite granular material encountered during construction may be used. b. 1 inch maximum aggregate size. B. Ductile Iron Pipe (DIP) and Reinforced Concrete Pipe (RCP): 1. Class C-l Bedding: a. Undisturbed soil. 000034-05 I 68-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-2 TRENCH EXCAVATION AND BACKFILL 2.02 BACKFILLMATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. PART 3 -EXECUTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surface features, and document condition. B. Re-inspect foundation soils if rain fall or snow has occurred after initial inspection but prior to placing pipe and bedding. 3.02 PREPARATION A. Notify Utility Owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, structures, pavement, etc., that are not designated on the Drawings to be removed. C. Notify utility companies of progress schedule so they can accomplish any necessary relocations and removals that they have agreed to relocate, remove, or support. D. Implement traffic control. E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Strip off existing topsoil from within the trench excavation limits and stockpile. Separate vegetative strippings from salvageable topsoil and dispose of appropriately. G. Crossing Under Existing Utility Lines: 1. Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 2. Where possible and as authorized by the utility, temporarily remove the utility line, install the new pipe, and reinstall the utility line. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-3 TRENCH EXCA V A TlON AND BACKFILL 3. Where eXIstmg line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100 Percent Standard Proctor Density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Trench Excavation: 1. Excavate trench to alignment and grade shown on the Drawings. 2. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100 Percent Standard Proctor Density. 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a manner that will not endanger the work or obstruct sidewalks, driveways, gutters, etc. 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under "Backfill Above Pipe Zone." 7. Dispose of excess excavated materials off of right-of-ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. 000034-05168-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-4 TRENCH EXCA V A TION AND BACKFILL B. Water Control: 1. 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 minimum of 1 foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. C. Trench Bottom: 1. Excavate to a sufficient depth to insure adequate foundation when 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. 2. Provide temporary support, remove, relocate, or reconstruct eXlstmg 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. 3. 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 location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 3.04 PIPE BEDDING A. Polyvinyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM D2321. B. Reinforced Concrete Pipe: Bed pipe in accordance with Class C-l Bedding. C. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 inch clearance from pipe. D. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02320-5 TRENCH EXCA V A TION AND BACKFILL B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2l05.3Fl "Specified Density Method." Trenches shall be compacted to a minimum of95 percent, except to 100 percent in the upper 3 feet. D. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Project Site. 3.07 RESTRICTED TRENCH WIDTH A. Restrict width of trench to conform to construction limits and where directed by the Engineer to prevent damage to specimen trees or adj acent structures. 3.08 FIELD QUALITY CONTROL A. Density Tests: To be perfoffiled by an approved soils testing firm at various locations and depths throughout the Project Site 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 re-compacted until the density requirements are met. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-6 TRENCH EXCA V A TI0N AND BACKFILL 3.09 MEASUREMENT AND PAYMENT A. Trench Excavation: Excavation and backfilling of trench and associated pipe bedding shall be included in the price of pipe provided. B. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. C. Temporary Bracing and Sheeting: Considered part of the excavation costs with no additional compensation to Contractor, unless provided for otherwise. D. Density Tests: 1. Passing Tests: All costs paid by Owner. 2. Failing Tests: All costs charged to and paid by the Contractor. E. Dewatering: No explicit, direct payment is made for this work. Include the costs in the Bid Unit Prices for the pipe or structure installed. F. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-7 TRENCH EXCA V A TION AND BACKFILL SECTION 02630 STORM DRAINAGE PART 1 - GENERAL 1.01 SECTION INCLUDES A. Storm sewer pIpe, manholes, catch basins, fittings, and miscellaneous appurtenances. 1.02 RELATED SECTIONS A. Section 01570 - Temporary Erosion and Sediment Control. B. Section 02280 - Adjust Miscellaneous Structures. C. Section 02320 - Trench Excavation and Backfill. D. Section 02720 - Aggregate Base Course. E. Section 02770 - Concrete Curb and Gutter. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A48 - Specification for Gray Iron Castings. 2. C76 - Specification for Reinforced Concrete Culvert, Drain, and Sewer Pipe. 3. C150 - Specification for Portland Cement. 4. C206 - Specification for Finishing Hydrated Lime. 5. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 6. C443 - Specification for Joints for Circular Concrete Sewer and Pipe, Using Rubber Gaskets. 7. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 8. DI784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 000034-05168-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02630-1 STOIUvl DRAINAGE 9. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 10. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. 11. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 1.04 SEQUENCING AND SCHEDULING A. Do not pursue 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. Successfully complete required inspections and tests before commencement of Aggregate Base Course - Section 02720 and Concrete Curb and Gutter - Section 02770. 1.05 SUBMITTALS A. Conform to Section 01310 - Project Management and Coordination. B. Shop Drawings: 1. All storm sewer structures. C. Manufacturer's Certificate of Compliance for: 1. Gray iron castings. 2. Precast manhole sections. PART 2 - PRODUCTS 2.0 1 MATERIALS A. Mortar Materials: 1. Cement: Use Type 1 Standard Portland Cement conforming to ASTM C150. 2. Lime: Use normal finishing hydrated lime meeting the requirements of ASTM C206. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02630-2 STORM DRAINAGE 3. Mix Proportions: a. 1 part cement to 3 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 percent by volume. b. 1 part Portland cement to 2 parts of sand to which lime or mortar mix may be added, but not to exceed 15 percent by volume for mortar used for laying concrete block. 2.02 CATCH BASIN AND YARD DRAIN FRAMES AND COVERS A. General: 1. Requirement: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Type and Style: As shown on Drawing. 4. Covers with 2 concealed pick holes of approved design. 5. Weight: Minimum of380 lbs. 6. Manhole Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. 2.03 CATCH BASINS AND YARD DRAINS A. General: 1. Requirements: ASTM C478, details on the Drawings. 2. Diameter and special requirements are shown on the Drawings. 3. Structures shall be of precast concrete. 4. Manhole Joints: Rubber o-ring gasket type meeting ASTM C443. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02630-3 STOR.l\1 DRAINAGE 2.04 PIPE MATERIALS A. Reinforced Concrete (RCP) Pipe and Fittings: 1. General Requirement: ASTM C76, Wall B with circular reinforcing. 2. Materials: Conform to the requirements of ASTM C76, Wall B with circular reinforcing. O-ring gaskets shall be synthetic rubber, circular reinforcing in cross-section, and shall conform to ASTM C361. 3. Pipe Joints: Bell and spigot ASTM C361. 4. Pipe Class: Class III, or as shown on the Drawings. 5. Marking: Each pipe shall be identified with the name of the manufacturer trade name or trademark and code, identification of plant, date of manufacture, and the pipe class and specification design. B. Polyvinyl Chloride (PVC) Pipe and Fittings: 1. General Requirements: ASTM D3034. 2. Materials: PVC plastics having a minimum Cell Classification of 12454B, 12454C, or 13364B as defined in ASTM Dl784. Pipe materials shall have a minimum hydrostatic design stress of2,000 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 ofPVC resin in the compound. 3. Design: Integral wall bell and spigot joint, and a minimum wall thickness conforming to SDR 35 and/or SDR 26. 4. Joints: Conform to ASTM D3212. Push-on type only with the bell-end grooved to receive a gasket. Elastomeric seal (gasket) shall have a basic polymer of synthetic rubber confonning to ASTM F477. Natural rubber gaskets will not be accepted. 5. Marking: Each pipe shall be identified with the name of the manufacturer, or trademark and code, nominal pipe size in inches, the PVC cell classification, and "Specification D3034." 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-4 STORlVI DRAINAGE PART 3 - EXECUTION 3.01 PREPARATION A. Trench Excavation and Backfill shall conform to Section 02320 - Trench Excavation and Backfill. B. By-Pass Pumping: Contractor responsible for all items required to maintain sewer flows during construction of the new storm sewer. All work and costs for by-pass pumping is considered incidental to the Project, unless otherwise specified. 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 and saw cut the pipe flush with the inside wall of the structure. 3. Bulkhead void between outside wall of pipe and edge of opening with mortar and brick. 4. Reconstruct manhole bench/invert. B. Pipe Installation: 1. Lay and maintain pipe appurtenances to the alignment, grade, and location shown on the Drawings and/or staked in the field. No deviation from the Drawing and/or staked alignment, grade, or location is allowed, unless approved by 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 manufacturer's recommended lubricant compound over the entire joint surface; center spigot in bell and push spigot home; take care to prevent dirt from entering 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. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-5 STOR.l\1 DRAINAGE 5. Remove all foreign matter or dirt from inside the pipe. Keep the bell and spigot clean during and after installation. Take care to prevent dirt from entering the joint space. Remove any superfluous material from inside the pipe after pipe installation by means of an approved follower or scraper. 6. Where cut-ins make it impossible to construct bell and spigot joints or when dissimilar pipe materials are joined, a reinforced concrete collar shall be placed completely surrounding the joint or the connection shall be made by using an approved adapter. 7. Any pipe which has been disturbed after being laid must be taken up, the joint cleaned and properly relaid as directed by the Engineer. D. Structures and Appurtenances Installation: 1. Furnish and install structures in accordance with the Drawings. 2. Excavate to depth and size as shown in the Drawings. 3. Pour inverts shaped to the half section of equivalent size pipe conforming to the inlet and outlet pipe so as to allow for a free, uninterrupted flow with all surfaces sloping to the flow line. 4. Preformed inverts not allowed where pipe grades are 2 percent or greater, unless design grade is built through the manhole. 5. All concrete pipes entering manholes must be cut with a concrete saw. 6. Steps: a. Locate on the downstream side. b. Secure and neatly mortar in place 15 inches on center spacing. 7. Lift holes neatly mortared up. 8. Install Adjustment Rings and Adjust Casting: Conforming to Section 02280 - Adjust Miscellaneous Structures. 3.03 FIELD QUALITY CONTROL A. Scope: 1. All pipeline testing is considered incidental to the Bid cost of the pipe. 2. Engineer to observe and verify that all tests and visual inspections have been completed prior to final acceptance. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02630-6 STORM DRAINAGE B. Cleaning: 1. Consists of Cleaning the Pipe and Structures: a. If newly installed mains and structures are kept clean during construction, cleaning will not be required. b. If newly installed mains and/or structures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 2. The 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 or ponds are employed. Jetting may be required. 3. Complete prior to final inspection for acceptance. C. Required Tests and Inspections: 1. Infiltration: a. To determine the amount of ground water infiltration into the sewers. 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 manholes and the infiltration in any given line must not exceed the specified maximum allowable rate. g. Method of Measurement: Measurement of time for a predetermined volume of flow to occur. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02630-7 STORM DRAINAGE 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 structures conform to specified requirements. 3. Mandrel Test: a. Perform on PVC main after installation has been completed. b. Minimum waiting period of 30 days after completion of installation prior to performing test. c. Contractor to furnish the mandrel and all labor, materials, and equipment necessary to perform the test. d. Engineer must be present during pulling of the mandrel. e. Deflection of inside diameter of pipe in excess of 5 percent shall be considered failure of the test. f. Contractor shall repair / replace any failing segment of main, such that it successfully passes the test. All costs for such work, including but not limited to excavation, new materials, and restoration of surface to existing condition, shall be the sole expense of the Contractor. g. Owner reserves right to measure deflection of PVC pipe at any time during the warranty period. 3.04 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Mark all structures to avoid being hit by construction or vehicular traffic. 000034-05168-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02630-8 STOR.l\t1 DRAINAGE D. Mark each plug location with 2 inch x 2 inch timbers to above grade to aid in marking the future connection. E. Establish erosion control measures as per Section 01570 - Temporary Erosion and Sediment Control. 3.05 MEASUREMENT AND PAYMENT A. Bid Items have been provided for Storm Sewer Pipe. Measurement will be based upon units of lineal feet for each size, type, and class of pipe furnished and installed complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from centerline of structure to centerline of structure: 1. Pipe bedding will be paid in accordance with Section 02320 - Trench Excavation and Backfill. B. Bid Items have been provided for Catch Basins. Measurement will be based upon units of each, according to type and size, for furnishing and installing structures complete, including casting frame and cover, and adjusting rings in place as specified. C. A Bid Item has been provided for Connect to Existing Catch Basin or Manhole. Measurement shall be per each connection made, regardless of size of opening, type of existing bulkhead, or type of existing structure. Saw cutting of the pipe installed in the opening if necessary shall be considered incidental. Core cutting the connection and reconstruction of existing structure invert if necessary shall also be considered incidental to the connection. D. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05 I 68-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02630c9 STOR.l\tl DRAINAGE SECTION 02720 AGGREGATE BASE COURSE P ART 1 - GENERAL 1.01 SECTION INCLUDES A. Requirements for aggregate base course on a prepared sub grade. 1.02 RELATED SECTIONS A. Section 02318 - Sub grade Preparation. B. Section 02741 - Plant Mixed Asphalt Pavement. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2211 - Aggregate Base. 2. 3138 - Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following 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 (stringline) . PART 2 - PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. 000034-05168-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02720-1 AGGREGATE BASE COURSE P ART 3 - EXECUTION 3.01 PREPARATION A. Prepare the sub grade in accordance with Section 02318 - Subgrade Preparation. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3: 1. Compact by mechanical means to 100 Percent Standard Proctor Density. 2. Install aggregate base in accordance with details on Drawings. 3.03 FIELD QUALITY CONTROL A. The Owner 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 will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be:t 0.03 feet of grade. 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 AND PAYMENT A. Existing aggregate base is to be salvaged and re-used. Additional aggregate required to reach the design section will be incidental to the Bituminous Patching, Curb and Gutter, Concrete Driveway Pavement, and/or Concrete Walk Bid Items. B. All other work and costs of tlus Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05168-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02720-2 AGGREGATE BASE COURSE SECTION 02741 PLANT MIXED ASPHALT PAVEMENT PART 1- GENERAL 1.01 SECTION INCLUDES A. Hot plant mixed asphalt-aggregate mixtures for bituminous patching. B. Bituminous tack coat. 1.02 RELATED SECTIONS A. Section 02720 - Aggregate Base Course. B. Section 02770 - Concrete Curb and Gutter. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2357 - Bituminous Tack Coat. 2. 2360 - Plant Mixed Asphalt Pavement (Combined 2360/2350 (Gyratory/Marshall Design) Specification) as modified by Bonestroo, Rosene, Anderlik and Associates, Inc. A copy of this Specification is available at http://\'vww.bonestroo.comlpdfi1vlnDOT23602350Combined2005.pdf or by calling Bonestroo, Rosene, Anderlik and Associates at (651) 636-4600. 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.3E and 2360AF, and Division 1 - General Requirements. B. Submit mix design report for all projects, regardless of the size of the project. C. Submit Q/C results in accordance with MnDOT Spec. 2360AF. 1.05 SEQUENCING AND SCHEDULING 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 1 week notice for scheduling. Inspection will be coordinated with other inspections at the Project Site. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02741-1 PLANT MDCED ASPHALT PAVEMENT PART 2 -PRODUCTS 2.0 1 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.1, except as modified below: 1. Bituminous Patching: L VWE45030B. 2. Driveways and Parking Lots: L VWE35030E. B. Conform to MnDOT Section 2360.2, except as modified herein: 1. Scrap Asphalt Shingles (2360.2A2h) are not allowed in wearing course pavements. 2. Waste Incinerator Ash (WIA) (2360.2A2j) will not be allowed in either bituminous wear or non-wear course pavements. C. Bituminous Tack Coat: 1. Bituminous Material: Conform to MnDOT Spec. 3151: a. Emulsified Asphalt, Cationic, CSS-l or CSS-2. D. Asphalt Binder Material: Conform to MnDOT Spec. 2360.2G and as identified in the Mix Designation. E. Mixture Design: Conform to MnDOT Spec. 2360.3. F. Mixture Quality Management (Quality Control/Quality Assurance): Conform to MnDOT Spec. 2360A, except as modified herein: 1. Quality Control Testing: The Contractor will be allowed to provide historical testing data from the previous 3 days of production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360A-E for Course Aggregate Angularity and Fine Aggregate Angularity. The Contractor will be allowed to provide historical testing data from the previous 10 days of contractor production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360A-E for TSR, Aggregate Specific Gravity, and Asphalt Binder Content. 2. Quality Assurance testing will be completed at the discretion of the Engineer. Testing rates will not exceed Table 2360A-D and 2360A-E. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02741-2 PLANT ML,(ED ASPHALT PAVEMENT PART 3 - EXECUTION 3.01 GENERAL - CONFORM TO MNDOT SECTION 2360.5 CONSTRUCTION REQUIREMENTS, EXCEPT AS MODIFIED HEREIN A. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). B. The proposed sequence shall address the longitudinal seams, compaction, traffic control, and hauling routes. C. The bituminous patch shall match the thickness of the existing bituminous. Lifts shall not exceed 2 inches. D. Preparation of Bituminous Prior to Final Lift: 1. Final clean up of the bituminous surface with the use of a power pickup broom and front end loader. E. Joints: 1. Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw-cut straight and bituminous tack coat applied prior to placement of each bituminous course (lift). 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.5B, except as modified herein: 1. All surfaces checked and approved by the Engineer prior to paving. 2. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. 3. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat, is 500 F. or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.5C. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02741-3 PLANT MIXED ASPHALT PAVEMENT 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. B. Restrictions: 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be 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. Conform to MnDOT Spec. 2321.3C1. D. Road Surface Preparation: 1. Conform to MnDOT Spec. 2357.3C. E. Application: 1. At a uniform rate conforming to MnDOT Spec. 2357.3D1, but not greater than 0.05 gallon per square yard. 2. Along the front edge of the concrete curb and gutter and existing pavement, prior to placement of bituminous base. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.6, except as modified herein: 1. Pathways, driveways, small parking lots, leveling courses, and patching shall conform to Section 2360.6C - Ordinary Compaction Method. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02741-4 PLANT ML,(ED ASPHALT PAVEMENT 3.06 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Bituminous Patching. Method of measurement will be on the basis of square yards of surfacing placed at the thickness indicated on the Drawings. Payment will include the preparation of the bituminous base and use of tack coat. B. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02741-5 PLANT ML,(ED ASPHALT PAVEMENT (2360) PLANT MIXED ASPHALT PAVEMENT Combined 2360/2350 (Gyratory/Marshall Design) Specification December 1, 2004 This Specification requires the Contractor to provide a mix that complies with all of the design, production, and placement requirements of the specification. The Department Owner does not make any guaranty or warranty, either express or implied, that compliance with one part of this specification guarantees that the Contractor will meet the other aspects of the specification. 2360.1 All Sections titled 2360 also apply to 2350. DESCRIPTION This work consists of the construction of one or more pavement courses of hot plant mixed asphalt-aggregate mixture on the approved prepared foundation, base course or existing surface in accordance with the specifications and in conformity with the lines, grades, thicknesses and typical cross sections shown on the plans or established by the Engineer. Mixture design will be either 2360 or 2350 (gyratory or Marshall) as described in the Special Provisions Draw'ings through the mixture designation. A (1) Mixture Designations Mixture designations for asphalt mixtures contain the following information: The fIrst two letters indicate the mixture design type: SP = Gyratory Mixture Design LV = Marshall Mixture Design - Low Volume, 50 blow MV = Marshall Mixture Design - Medium Volume, 50 blow SM = Gyratory Mixture Design for Stone Matrix Asphalt (srvIA) (2) The third and fourth letters indicate the course: WE = Wearing and Shoulder Wearing Course NW = Non-Wearing Course (3) The fifth letter or number indicates the maximum aggregate size*: A or 4 = 12.5mrn [112 inch], SP 9.5 B or 3 = 19.0mrn [3/4 inch], SP 12.5 Cor 2 = 25.0mrn [1 inch], SP 19.0 5 = 9.5mrn [3/8 inch], (Marshall design only) E = See provision for SMA design * Letter is used in gyratory designation; number is used in Marshall designation (4) For Gyratory Design: The sixth digit indicates the Traffic Level (ESAL' s x 106) The requirements for gyratory mixtures in this specification are based on the 20-year design traffic level of the Project expressed in Equivalent Single Axle Loads (ESAL's). The five traffic levels are shown below in Table 2360.1-A. 2360/2350 Combined Specification December 1, 2004 Traffic Level 20 Year Design ESAL's (1 x lOb ESAL's) 2 <1 ,,~ 1 to < 3 .J 4 3 to < 10 5 10to<30 6 SMA Table 2360.1-A Traffic Levels 1 -- (AADT ~ 2300) 2 -- (2300< AADT <6000) For Marshall Design: The sixth and seventh digit indicate the Marshall design blows: 50 blo\v design for both LV and MV mixtures (5) The last two digits indicate the air void requirement: 40 = 4.0% for SP and SM Wear mixtures 35 = 3.5% for MV Wear and Non-Wear 30 = 3.0% for LV Wear and Non-Wear and SP Non-Wear and Shoulder (6) The letter at the end of the mixture designation identifies the asphalt binder grade: A = PG 52-34 B = PG 58-28 C = PG 58-34 D = PG 58-40 E = PG 64-28 F = PG 64-34 G = PG 64-40 H = PG 70-28 1= PG 70-34 L = PG 64-22 Ex: Gyratory Mixture Designation -- SPWEB540E (Design Type, Lift, Agg Size, Traffic Level, Voids, Binder) Ex: Marshall Mixture Designation - L VWE35030B (Mix Type, Lift, Agg Size, Marshall blows, Voids, Binder) Ex: SMA Mixture Designation -- SMWEE640H (Design Type, Lift, Agg Size, Traffic Level, Voids, Binder) B Minimum Lift thickness Minimum paving lift thickness will be based on maximum aggregate size: Aggregate Size A, 4*; B, 3*: Aggregate Size 5*: Aggregate Size C, 2* (for non-\vear only): * Marshall designation Minimum Lift thickness = 40 rom [1 Yz inch] Minimum Lift thickness = 20 rom [3/4 inch] Minimum Lift thickness = 65 rom [2 Yo inch] 2360.2 MATERIALS A Aggregate Al General The aggregate shall consist of sound, durable particles of gravel and sand, crushed stone and sand, or combinations thereof. It shall be free of objectionable matter such as metal, glass, wood, plastic, brick, rubber, and any other material having similar characteristics. Coarse aggregate shall be free from coatings of clay and silt to the satisfaction of the Engineer. Page 2 of 48 2360/2350 Combined Specification December 1, 2004 The Contractor shall not compensate for the lack of fines by adding soil materials such as clay, loam, or silt. Overburden shall not be blended into the asphalt aggregate. Each different material (source, class, kind, or size) shall be fed at a uniform rate from its storage unit. An individual source, class, type, or size of material shall not be stockpile blended with another source, class, type or size of material. A2 Classification The aggregate shall conform to one of the following classifications. The class of aggregate to be used shall be the Contractor's option unless otherwise specified in the Contract. A2a Class A Class A aggregate shall consist of crushed igneous bedrock (specifically; basalt, gabbro, granite, rhyolite, diorite and andosite) and rock from the Sioux Quartzite Formation. Other igneous or metamorphic rock may be used with specific approval of the Engineer. Class A materials may contain no more than 4.0% non-Class A aggregate. This recognizes the fact that some quarries may contain small pockets of non-Class A material within that source. Intentional blending or addition of non-Class A material is strictly prohibited! A2b Class B Class B aggregate shall consist of crushed rock from all other bedrock sources such as carbonate and metamorphic rocks. (gneiss or schist) A2c Class C Class C aggregate shall consist of natural or partly crushed natural gravel obtained from a natural gravel deposit. A2d Class D Class D aggregate shall consist of 100 percent crushed natural gravel. The crushed gravel shall be produced from material retained on a square mesh sieve having an opening at least twice as large as the Specification permits for the maximum size of the aggregate in the composite asphalt mixture. The amount of carryover (material fmer than) the selected screen shall not exceed ten percent. A2e Class E Class E aggregate shall consist of a mixture of any two or more of the above classes of approved aggregate (A, B, and D). The use of Class E aggregate, as well as the relative proportions of the different constituent aggregates, shall be subject to the approval of the Engineer. The relative proportions of the constituent aggregates shall be accurately controlled either by the use of a blending belt approved by the Engineer prior to production or by separately weighing each aggregate during batching operations. A2f Steel Slag Steel slag may not exceed 25 percent of the mass of the total aggregate. Stockpiles will be accepted for use if the total expansion, determined by ASTM D4792, is less than 0.50%. A2g Taconite Tailings (TT) Taconite tailings shall be obtained from ore that is mined westerly of a north-south line located east of Biwabik, Mn (R15W-R16W); except that taconite tailings from ore mined in southwestern Wisconsin will also be permitted for use. Page 3 of 48 2360/2350 Combined Specification December 1,2004 Approved taconite tailing sources are on file with the Department Bituminous Engineer. A2h Scrap Asphalt Shingles Scrap asphalt shingles may be included in both wear and non-wear courses to a maximum of 5 percent of the total weight of mixture. Only scrap asphalt shingles from manufacturing waste are suitable. The percentage of scrap shingles used will be considered part of the maximum allowable RAP percentage. Refer to Section 2360.2 G 1 to select a virgin asphalt binder grade (use requirements for> 20% RAP, regardless of total RAP/shingle percentage). Scrap Shingle Specifications are on file in the Bituminous Office. A2i Crushed Concrete and Salvaged Aggregate Crushed concrete is allowed as an aggregate source for up to 50 percent of the aggregate in non-wear mixtures. Crushed concrete is not allowed in wearing courses. Salvaged aggregate is allowed as an aggregate source for up to 100 percent of the aggregate in wear and non-wear mixtures. All salvaged aggregate shall be stockpiled uniformly to limit variation in mixture properties. Salvaged aggregates shall meet quality and crushing requirements as specified herein. A2j Sewage Sludge Ash (SSA) Sewage sludge ash is allowed as an aggregate source in both wear and non-wear courses to a maximum of 5 percent of the total weight of mixture. Only SSA that meets the Tier II hazard evaluation criteria as approved by MnlDOT's Office of Environmental Services, Environmental Analysis Section, will be allowed for use in the mixture. Approved waste incinerator ash sources are on file with the Department Bituminous Engineer. A3 Recycled Asphaltic Pavement Materials (RAP) The combined RAP and virgin aggregate shall meet the composite fine aggregate angularity or calculated crushed requirements (both coarse and fine aggregate) for the mixture being produced (calculated crushed allowed for Marshall design only). RAP containing any objectionable material, i.e., road tar, metal, glass, wood, plastic, brick, fabric, or any other objectionable material having similar characteristics will not be permitted for use in the asphalt pavement mixture. Asphalt binder content in the RAP shall be determined according to MnlDOT Lab Manual Method 1851 or 1852. B Manufactured Crushed Fines (-4 material) All Class A, B, D, and E material that passes the 4.75 rom [#4] screen will be considered as crushed fines. Manufactured Crushed Fines (-4 material) from Class C Aggregate. Produce manufactured crushed fines (-4 material) from a gravel source by passing the gravel over a selected screen, 9.5 rom [3/8 inch] or larger, prior to mechanical crushing. The material which passes the 9.5 rom [3/8 inch] screen shall not be incorporated into the manufactured crushed fines but may be used as it qualifies for natural sand. The amount of carryover (material finer than) the selected screen shall not exceed ten percent. The material retained on the 9.5 rom [3/8 inch] screen shall be crushed. The material that passes the 4.75 rom [#4] screen, after crushing, will be considered as 100% crushed fines. Material retained on the 4.75 rom [#4] screen after crushing will not be counted as +4 crushing until tested. Page 4 of 48 2360/2350 Combined Specification December 1, 2004 C Quality Requirements Cl Los Angeles Rattler Test ..........................................................................................A...~SHTO T96 The Los Angeles Rattler loss on the coarse aggregate fraction (material retained on the 4.75 rom [#4] sieve shall not exceed 40 percent for any individual source used within the mix. An aggregate proportion which passes the 4.75 rom [#4] sieve and exceeds 40 percent LAR loss on the coarse aggregate fraction is prohibited from use in the mixture. C2 So undness (lYIagnesi um S uIf ate) ............................................................................A...~SHTO TI04 The magnesium sulfate soundness loss at 5 cycles on the coarse aggregate fraction (material retained on the 4.75 rom [#4]) shall not exceed the following for any individual source used within the mix: * a) No more than 14 % loss on the 19 rom [3/4 inch] to 12.5 rom [112 inchJ and larger fractions. b) No more than 18% loss on the 12.5 rom [112 inch] to 9.5 rom [3/8 inchJ fraction. c) No more than 23% loss on the 9.5 rom [3/8 inchJ to 4.75 rom [#4] fraction. d) No more than 18% for the composite loss. (Applies only if all three size fractions are tested). * 1) If the composite requirement is met but one or more individual components do not, the source may be accepted if no individual component is more than 110% of the requirement for that component. 2) If each individual component requirement is met but the composite does not, the source may be accepted if the composite is no greater than 110% of the requirement. An aggregate proportion which passes the 4.75 rom [#4J sieve and exceeds the requirements listed above on the coarse aggregate fraction is prohibited from use in the mixture. C3 . Spall Materials and Lumps ...........................................................MnIDOT Laboratory Manual Spall is defined as shale, iron oxide, unsound cherts, pyrite, higWy weathered and/or soft phyllite and argillite (may be scratched with a brass pencil), and other materials having similar characteristics. Lumps are defmed as loosely bonded aggregations and clayey masses. If the percent of lumps measured in the stockpile or cold feed exceed the values listed below, asphalt production shall cease and compliance shall be determined by dry batching. This procedure may be repeated at any time at the discretion of the Engineer. Maximum limits for Spall and lumps, expressed as percentages by mass, are listed in Table 2360.3-B2a. C4 Insol uble Resid ue Test ....................................................................MnIDOT Laboratory Man ual If Class B carbonate material is used in the mix, the minus 0.075 rom [#200] sieve size portion of the insoluble residue shall not exceed 10 percent. D Aggregate Restrictions Class B carbonate aggregate restrictions are specified in Table 2360.3-B2a. E Gradation Requirement The coarse and fme aggregate shall be combined in such proportions to produce an asphalt mixture meeting all of the requirements defined in this specification and shall conform to the gradation as defined in Table 2360.2-E. Gradation testing shall be conducted in accordance with AASHTO T-11 (-0.075 rom [-#200] wash) and T-27. Page 5 of 48 2360/2350 Combined Specification December 1, 2004 o passInI1 0 total washed gradation) Sieve Size A or 4 * B or 3* C or 2* 5* E (mm [inch]) (SMA) 25.0 [1 inch] 100 See SMA Provisions 19.0 [3/4 inch] 100(1) 85-100 12.5 [112 inch] 100(1) 85-100 45-90 9.5 [3/8 inch] 85-100 35-90 - 100 4.75 [#4] 25-90 20-80 20-75 65-95 2.36 [#8] 20-70 15-65 15-60 45-80 0.075 [#200] 2.0-7.0 2.0-7.0 2.0-7.0 2.0-7.0 Table 2360.2-E Aggregate Gradation Broad Bands (0/. . f *Marshall Designation With the approval of the Engineer, the gradation broadband for the maximum aggregate size may be reduced to 97% passing for mixtures containing RAP, when the oversize material is suspected to come from the RAP source. The virgin material must remain 100% passing the maximum aggregate sieve size. F Additives An additive is any material added to an asphalt mixture or material, such as mineral filler, hydrated lime, asphalt additives, anti-strip, and similar products that do not have a specific pay item. When a Contract requires additives, compensation is included with the pay items for the appropriate mixture. lfthe Engineer directs the Contractor to incorporate additives, the compensation will be as Extra Work, at the unit price specified in the proposal. The Department Owner will not compensate the Contractor for additives incorporated at the Contractor's option. Additives will not be incorporated into the mixture without approval of the Department Bituminous Engineer. Anti-foaming agents shall be added to asphalt cement at the manufacturer's recommended dosage rate. Mineral filler and hydrated lime may be added in a quantity not to exceed 5 percent and 2 percent, respectively, of the total mass of the aggregate. The combination of mineral filler and hydrated lime shall not exceed 5 percent of the total mass of aggregate. The Engineer will approve or disapprove methods for addition of additives. Fl JYIineral Filler ............................... ..... ....... ....... .............. ...... ....... ............. ......... ......... ................ 3145 F2 Hyd rated Lime ..... ........................... ............ ............... ........................... ............. ....................... 3145 Hydrated lime used in asphalt mixtures shall meet the requirements of ASTM C977 and have a maximum of eight percent unhydrated oxides (as received basis). The method of introducing and mixing the hydrated lime and aggregate shall be subject to approval by the Engineer prior to beginning mixture production. F3 Liquid Anti-Stripping Additive When a liquid anti-strip additive is added to the asphalt binder, blending shall be completed before the asphalt binder is mixed with the aggregate. Liquid anti-strip additives that alter the asphalt binder, such that it fails to meet the Performance Grade (PG) requirements, shall not be used. Liquid anti-strip may be added by the supplier at the refinery or by the Contractor at the plant site. The company/supplier adding the additive shall be responsible for testing the binder/additive blend to ensure compliance with the AASHTO M 320, Standard Specification for Performance Graded Asphalt Binder. No paving will be allowed until the asphalt binder/additive blend has been tested and results show that binder/additive blend properties meet the criteria in Section 2360.2G. The testing shall be done in accordance with a MnlDOT approved Asphalt Binder QC Plan. Requirements for the Asphalt Binder QC Plan are on file in the Bituminous Office. Page 6 of 48 2360/2350 Combined Specification December 1, 2004 The following requirements for HMA mixture and asphalt binder must also be met when liquid anti-strip is added at the Ht\1A plant site. 1) 2) 3) 4) 5) 6) 7) 8) 9) F4 G Mixture ReQuirements at Desi!!n: 1) The Contractor must design the mixture with the same asphalt binder that will be supplied to the plant site. (Both Laboratory Mixture Design (Option 1) and Modified Mixture Design (Option 2). 2) The Contractor must provide documentation with either design option that includes Tensile Strength Ratio results with the liquid anti-strip dosed at the optimal rate. Documentation must include verification the binder/additive blend meets AASHTO M 320 at the optimal dose rate. Contractor Production Testin!! ReQuirements for Asphalt BinderlLiQuid Anti-Strip Blend: 1) The Contractor shall, on a daily basis, sample and test the asphalt binder/anti-strip blend. Testing of the blend can be by viscosity, penetration, or dynamic shear rheometer (DSR). When a polymer modified asphalt binder is specified, the Contractor shall use the DSR as the daily QC test. 2) The Contractor shall, on a weekly basis, send the Engineer and MnlDOT Chemical Laboratory Director a weekly QC report summarizing the results of the daily testing as required in number 1. 3) The Contractor shall, on a bi-weekly basis, test the binder/anti-strip blend to ensure compliance with the AASHTO M 320, Standard Specification for Performance Graded Asphalt Binder (minimum lIproject). Test results shall be sent to the Engineer and MnlDOT Chemical Laboratory Director. 4) In addition to the sampling requirements listed above, the Contractor shall obtain asphalt binder/anti-strip blend field verification samples according to 2360.4 E 12. LiQuid Anti-Strip Additive Meterin!! Svstem: The metering system shall include a liquid anti-strip flow meter in addition to an anti-strip pump. The flow meter shall be connected to the liquid anti-strip supply to measure and display only the anti-strip being fed to the asphalt binder. The meter readout shall be positioned for convenient observation. There shall be a means provided for comparing the flow meter readout with the calculated output of the anti-strip pump. See number 7. The system shall display in units ofliters [gallons] to the nearest liter [gallon] or in units of metric tons [tons] to the nearest 0.001 metric tons [0.001 tons], the accumulated anti-strip quantity being delivered to the mixer unit. The system shall be calibrated and adjusted to maintain an accuracy of::!:: one percent error. Calibration shall be required for each plant set-up prior to production of mixture. The Engineer may require, on a daily basis, the Contractor "stick" the anti-strip tank at the end of the days production to verify anti-strip usage quantities. The system shall provide for a convenient method for sampling the binder/anti-strip after blending has occurred. Alternative blending and metering systems must be pre-approved by the Engineer Coa ting and Anti-Stripping Additive ...................................................................................... 3161 Asp hal t Binder JYIa terial ........ ..................... ........................................... ..............A.A.SHTO IVI 320 Asphalt binder material shall meet the requirements of PG asphalt binder testing tolerances, sampling rates, testing procedures, and acceptance criteria based on the most current MnlDOT Technical Memorandum, titled "Inspection, Sampling, and Acceptance of Bituminous Materials." The PG asphalt binder cannot be modified with air blowing procedures unless the Department Bituminous Engineer approves it. The Contractor shall not use petroleum distillates such as fuel oil, diesel fuel or other fuels in the asphalt tanks. A statement shall be provided by the supplier for recommended laboratory mixing and compaction temperatures and field maximum mixing and compaction temperatures. Page 7 of 48 2360/2350 Combined Specification December 1, 2004 Gl Asphalt Binder Selection Criteria for All Mixtures with RAP Overlay Specified PG Asphalt Virgin Asphalt Binder Grade to be used with R<\P Binder Grade < 20% RAP > 20% R<\P 64-22 64-27 64-28 Other PG Grades No grade adjustment No grade adjustment New Construction (1) Specified PG Asphalt Virgin Asphalt Binder Grade to be used with RAP Binder Grade < 20% R<\P > 20% RAP 52-34 52-34 Not allowed * 58-28 58-28 58-28 58-34 58-34 Not allow'ed * 64-28 64-28 64-28 64-34 64-34 Not allowed * Other PG Grades No grade adjustment Not allowed * * When approved by the Engineer, the virgin asphalt binder grade can be selected by using the blending chart procedure on file in the Bituminous Office. MnlDOT may take production samples for information/verification of compliance with a specified asphalt binder grade. Includes cold inplace recycle, reclaiming, and reconstruction. (1) 2360.3 MIXTURE DESIGN A Mixture Design General The asphalt mix may be designed using one of the following two Contractor trial mix design options. Review of mixture designs will be performed in the District Materials Laboratory lab where the Project is located. The addition of aggregates and materials not included in the original mixture submittal is prohibited. It is the Contractor's responsibility to design a Marshall mixture in accordance with the most current AASHTO T-245, the Asphalt Institute's Mix Design Methods for Asphalt Concrete MS-2, and the MnlDOT Laboratory Manual such that it meets the requirements of this specification. For Marshall design, the design air void content of the mixture is dependent on the mixture type, regardless of the location in the pavement structure. Design air void content for LV and MV mixtures is 3.0% and 3.5%, respectively. It is the Contractor's responsibility to design a gyratory mixture in accordance with the most current AASHTO T -312, the Asphalt Institute's Superpave Mix Design Manual SP-2 (2-hour short term aging period is used for volumetric), and the MnlDOT Laboratory Manual such that it meets the requirements of this specification. For gyratory design, the design air void content of the mixture at design shall be 4.0% at the design number of gyrations (Ndesign) for mixtures placed in the upper 100 rom [4 inches] of the finished surface. The design air void content of the mixture at design shall be 3.0% at the design number of gyrations (Ndesign) for mixtures placed at depths more than 100 rom [4 inches] from the surface and on all (wear and nonwear) shoulders that do not carry traffic. If less than 25% of a layer is within 100 rom [4 inches] of the surface, the layer may be considered to be below 100 rom [4 inches] for mix design purposes (non-wear). Page 8 of 48 2360/2350 Combined Specification December 1, 2004 eSl!!:U lr 01 eQUlrement or vra ory 1 lxtures SP Wear SP Non-wear SP Shoulder** Location from :::; 100 rom [4 inch]* > 100 rom [4 iuch]* All Wear and surface Non-Wear Air Voids 4.0% 3.0% 3.0% D . A' V 'd R f G M' * If less than 25% of a layer is within 100 rom [4 inches] of the surface, the layer may be considered to be below 100 rom [4 inches] for mix design purposes. ** Shoulders that do not carry traffic. B Laboratory Mixture Design (Option 1) Test results and documentation as described in Section 2360.3C shall be submitted with the materials described below for consideration by the Department Bituminous Engineer or District Materials Engineer to verify compliance with these specifications and to issue a Mixture Design Report. Bl Aggregate sample At least 15 working days prior to the start of asphalt production, the Contractor shall submit to the Department Bituminous Engineer or the District Materials Engineer a 35 kg [80 pound] sample ofrepresentative aggregate retained on the 4.75 rom sieve [#4] and a 15 kg [35 pound] sample of material passing the 4.75 rom sieve [#4] for quality testing. The Contractor shall provide 24 hour notice of intent to sample aggregates. These samples will be tested for quality of each source, class, type, and size of virgin and non-asphaltic salvage aggregate source used in the mix design. The Contractor shall retain a companion sample of equal size until a Mixture Design Report is issued. Quality requirements are defmed in Section 2360.2C. Aggregates that require the magnesium sulfate soundness test shall be submitted to the Department Bituminous Engineer or District Materials Engineer at least 30 calendar days prior to the start of asphalt production. Dispute resolution procedures for aggregate qualities are on file in the Bituminous Office. B2 Mixture sample At least 7 working days prior to the start of asphalt production, the Contractor shall submit in writing a proposed Job Mix Formula (JMF) for each combination of aggregates to the Department Bituminous Engineer or District Materials Engineer for review. A Level II Quality Management mix designer must sign the proposed JMF. For each JMF submitted, the Contractor shall include test data to demonstrate conformance to mixture properties as specified in Table's 2360.3-B2b and 2360.3-B2c. The proposed J1vlF shall be submitted on forms approved by the Department. In addition, the Contractor shall submit an uncompacted mixture sample plus briquettes compacted at the optimum asphalt content and required compactive effort conforming to the JMF for laboratory examination and evaluation. Mixture sample size and number of compacted briquettes are as follows: 1 lxture am e eQUlrements Item Gyratory Desi!!:n Marshall Desion Un-compacted Mixture Sample Size 30 Kg [75 pounds] 18 Kg [40 pounds] Number of compacted briquettes 2 3 Table 2360.3-B2 M' SIR B2a Mixture Aggregate Requirements The aggregate fractions shall be sized, graded, and combined in such proportions that the resulting mixture will meet the requirements listed in Section 2360.2-E and Table 2360.3-B2a shown below. Page 9 of 48 2360/2350 Combined Specification December 1, 2004 1 IX ure. ~!!:rega e eQUlremen s Traffic Traffic Traffic Traffic SMA Aggregate Blend Property Level 2& LV Level 3 & MV Level 4 Level 5 T. Level 6 20 year Design ESAL's <1 million 1 - 3 million 3 - 10 10 - 30 See SMA million million Provisions Coarse Aggregate Angularity (ASTM D582l) 30/- 55/- 85 / 80 95 /90 (one face / two face), %- Wear - (one face / two face), %- NonWear 30/- 55/- 60/- 80/75 Fine Aggregate Angularity (FAA) (AASHTO T304, Method A) %- Wear 40(2) 4i1) 44 45 - %-Non-Wear 40(2) 40(1) 40 40 Flat and Elongated Particles, max1-) % 10 10 10 by weight, (ASTM D 4791) - (3:1 ratio) (3: 1 ratio) (3:1 ratio) - Clay Content1-) (AASHTO T 176) - - 45 45 - Total Spall in fraction retained on the 5.0 2.5 1.0 1.0 - 4.75mm [#4] sieve Maximum Spall Content in Total 5.0 5.0 1.0 1.0 - Sample Maximum Percent Lumps in fraction 0.5 0.5 0.5 0.5 - retained on the 4.75mm [#4] sieve Class B Carbonate Restrictions Maximum% -4.75mm [-#4] Final Lift/All other Lifts 100/1 00 100/1 00 80/80 50/80 - Maximum% +4.75mm [+#4] Final Lift/ All other Lifts 100/1 00 100/1 00 50/100 0/100 - Gvratorv Max. allowable RAP percentage 30/40 30/30 30/30 30/30 Wear / Non Wear Marshall Max. allowable RAP percentage 30/40 30/30 Wear / Non Wear Table 2360.3-B2a M' tAt R (1) For Marshall design, the Contractor may determine -4 crushing by either FAA of uncompacted voids or calculation of crush from the composite blend. The choice must be made prior to start of production. Manufactured crushed fines requirement is 25%. RAP sand will be considered 50% crushed if the angularity index equals or exceeds 40, and 100% crushed if the angularity index equals or exceeds 45. (2) Not applicable under Marshall design. B2b Mixture Requirements Mixture evaluation will be based on the trial mix tests and the corresponding requirements listed in Table 2360.3-B2b and Table 2360.3-B2c. Page 10 of 48 2360/2350 Combined Specification December 1, 2004 1 . IX ure eQUlrements Traffic Level Traffic Level Traffic Level Traffic Level SMA 2 3 4 5 T. Level 6 20 year Design ESAL's < 1 million 1 - 3 million 3 - 10 million 10- 30 See SMA million Provisions Gyratory Mixture Requirements Gyrations for Ninitial 6 7 8 8 - Gyrations for Ndesil!l1 40 60 90 100 - Gyrations for Nmaximum 60 90 140 160 - Air Voids, % -- Wear 4.0 4.0 4.0 4.0 Air Voids, % -- Non-Wear & All 3.0 3.0 3.0 3.0 - Shoulder % Gnun at Ninitial- vVear - ::::; 91.5 ::::; 90.5 ::::; 90.0 % Gmm at Ninitial- Non-vVear & - ::::; 92.5 ::::; 91.5 ::::; 91.0 All Shoulder % Gnm1 at Nmaximum- Wear ::::; 98.0 ::::; 98.0 ::::; 98.0 ::::; 98.0 - % Gmm at Nmaximum- NonWear & ::::; 99.0 ::::; 99.0 ::::; 99.0 ::::; 99.0 - All Shoulder Tensile Strength Ratio II), min% 751L) 751~) 80(0) 80(0) - FineslEffective Asphalt 0.6 - 1.2 0.6 - 1.2 0.6 - 1.2 0.6 - 1.2 - VFA, % -- Wear 65 - 78 65 - 78 65 - 76 65 - 76 Non-Wear & All Shoulder 70 - 83 70 - 83 70 - 82 70 - 82 Marshall Mixture Requirements LV MV Marshall Blows 50 50 - - - Air Voids, % 3.0 3.5 - - - Tensile Strength Ratio I ), min% 70(4) 70(4) Stability, minimum N [lb f] 5000 [1125] 6000 [1350] Fines/Effective Asphalt Wear 0.6 - 1.30 0.6 - 1.30 Non-Wear 0.6-1.40 0.6-1.40 - - - Table 2360.3-B2b M't R (1) See Section 2360.4 E9. Use 150rom [6 inch] specimens for gyratory and 100rom [4 inch] specimens for Marshall design. (2) MnlDOT MU; = 65, (3) MnlDOT Min = 70, (4) MnlDOT Min = 60 B2c VMA Criteria The voids in mineral aggregate (VMA) of the mixture at design and during production shall meet the minimum criteria as shown in Table 2360.3-B2c at the specified compaction level. VMA shall be calculated according to the procedures outlined in Asphalt Institutes SP-2 or MS-2 manual. VMA is a design and acceptance/process control requirement. 01 S m 1 mera ~ uureuate 1 ~ 1 Ixture eQUlrements Gradation Fine Mixture VMA Coarse Mixture V1vIA % Pass 2.36 rom [#8] Minimum % Pass 2.36 rom [#8] Minimum A or 4 * >47 15.0** ::::; 47 14.5* B or 3* > 39 14.0 < 39 13.5 C or 2 * > 35 13.0 ::::; 35 12.5 5* ----- 15.0** ----- ----- E See SM..A. Provisions V'd' M' Table 2360.3-B2c I A (VMA) M' R *Marshall designation. **For LV 4 and LV 5 mixes lower V1vIA requirements by 0.5% Page 11 of 48 2360/2350 Combined Specification December 1,2004 B3 Tensile Strength Ratio sample Mixture or briquettes that represent the mixture at optimum asphalt content, shall be submitted at least 7 days prior to actual production for verification of moisture sensitivity retained tensile strength ratio (TSR). Material submitted for TSR verification may be tested for maximum specific gravity Gmm compliance in addition to TSR results. Failure to meet the Gmm tolerance will result in rejection of the submitted mix design. A new mix design submittal will be required and will be subject to provisions described in Section 2360.3C. One of the following options may be used to verify that the tensile strength ratio (TSR) meets the requirements in Table 2360.3-B2b. Option A) The Contractor will batch material at the design proportions including optimum asphalt. Immediately (before curing) split the sample and allow samples to cool to room temperature. Submit 35 kg [77 pounds] of mixture to the District Materials Laboratory for curing and test verification. Both groups will use a two (2) hour cure time (:!: 15 minutes) at 1440C [2900F] and follow procedures in ASTM D 4867-92, MnlDOT modified as defmed in the MnlDOT Laboratory Manual. Option B) The Contractor batches, cures (as indicated in option A), compacts, and submits briquettes and uncompacted mixture as specified below. lotion B Mixture equirements Item Gyratorv Desion :Marshall Desie:n Un-compacted Mixture Sample Size 8,200 g 8,200 g Number of compacted briquettes(l) 6 9 Compacted briquette air void content 6.5 - 7.5% 6.0 - 8.0% (I) - Table 2360.3-B3 o R l.::>Omm [6 Inch] speCImens for gyratory deSIgn 100mm [ 4 inch] specimens for Marshall design B4 Aggregate Specific Gravity .....................................A.ASHTO T84 and T85, MnillOT Modified The Contractor shall determine the specific gravity of all aggregate used in the mixture. c Documentation Each proposed JMF submitted for review under Section 2360.3B and 2360.3D shall include the following documentation and test results. (1) The name( s) of the individual( s) responsible for the Quality Control of the mixture during production. (2) The low projects number on which the mixture will be used. (3) The percentage in units of 1 percent (except the 0.075 rom sieve [#200] in units of 0.1 percent) of aggregate passing each of the specified sieves for each aggregate to be incorporated into the mixture. The gradation of aggregate from salvaged asphaltic material shall be derived from the material after the residual asphalt has been extracted. (4) The source and description of the materials to be used. The aggregate pit or quarry source number. The proportion of each material (in percent of total aggregate). (5) The composite gradation based on (3) and (4) above. Note: Include virgin composite gradation based on (4) and (5) above for mixtures containing RAP. (6) The bulk (dry) and apparent specific gravities and water absorption (by % weight of dry aggregate) of both coarse and fine aggregate, for each product used in the mixture (including RAP). Use AASHTO T-84 and T-85 MnlDOT modified as defmed in the MnlDOT Laboratory Manual. The tolerance allowed between the Contractor's and the Department's specific gravities are Gsb (individual) = 0.040 [+4 AND -4] and Gsb (combined) = 0.020. (7) The composite gradation plotted on a FHW A 0.45 power chart. (Federal form PR-1115) Page 12 of 48 2360/2350 Combined Specification December 1, 2004 (8) For mixtures containing RAP include extracted asphalt binder content of the RAP with no retention factor included. (9) The percentage (in units of 0.1 percent) and PG grade of asphalt binder material to be added, based upon the total mass of the mixture. (10) When using laboratory mixture design Option 1 (2360.3B) or Option 2 (2360.3D), include the following: (a) A minimum of three different asphalt binder contents (minimum 0.4 percent between each point), with at least one point at, one above and one below the optimum asphalt binder percentage. (b) The maximum specific gravity at each asphalt binder content. The theoretical maximum specific gravity used for percent air voids determination shall be calculated based on the average of the effective specific gravities measured by a minimum of two maximum specific gravity tests at the asphalt contents above and below the expected optimum asphalt binder content. (c) The test results for the individual and average bulk specific gravity, density, and heights, of at least two specimens at each asphalt binder content. For Marshall design include the test results for the individual and average bulk specific gravity, density, height, stability, and flow of at least three specimens at each asphalt binder content. (d) The percent air voids in the mixture at each asphalt binder content. (e) The percent Voids in Mineral Aggregate (VMA) at each asphalt binder content. (f) The fines to Effective Asphalt (F/A) ratio calculated to the nearest 0.1 percent. (g) TSR results at the optimum asphalt binder content. (h) Graphs showing air voids, voids in the mineral aggregate, Gmb, Gmm and unit weight vs. percent asphalt binder content for each of the three asphalt binder contents submitted with trial mix. (11) Optional Add-RocklAdd-Sand Provisions If the Contractor chooses to use the add-material option to augment the submitted JMF, the Contractor shall provide samples of the aggregate for quality analysis in accordance with Section 2360.3B 1. The Contractor shall provide mix design data for two additional design points per add-material. One point shall show a proportional adjustment to the submitted JMF that includes 5 percent, by mass, add-material at the JMF optimum asphalt percent. The second point shall show a proportional adjustment to the submitted JMF that includes 10 percent, by mass, add-material at the JMF optimum asphalt percent. The following information will be reported for each of these two points: (a) The maximum specific gravity (average of two tests). (b) The test results for the individual and average bulk specific gravity, density, and height of at least two specimens at the optimum asphalt binder content. For Marshall design include the test results for the individual and average bulk specific gravity, density, height, stability, and flow of at least three specimens at the optimum asphalt binder content. (c) The percent air voids in the mixture for each point. (d) The Fines to Effective Asphalt ratio calculated to the nearest 0.1 of a percent. (e) Coarse and Fine Aggregate crushing counts Up to two add-materials will be allowed per mix design submittal. Aggregate quality and mix characteristics are required for each proposed add-material and shall be submitted at the time of the original trial mix submittal. No mixture sample or briquettes are required for these two additional points. Page 13 of 48 2360/2350 Combined Specification December 1, 2004 Additional Documentation For: Gyratory Design (G 1) The test results from the composite aggregate blend at the proposed J1vIF proportions indicating compliance with Coarse Aggregate Angularity, Fine Aggregate Angularity, and Flat and Elongated as shown in Table 2360.3-B2a. (G2) The design traffic level and the initial, design, and maximum number of gyrations Ninitial, Ndesigm and Nmaximum. . (G3) The temperature ranges the mixture is intended to be discharged from the plant and compacted at the roadway shall be provided by the asphalt binder supplier. Temperatures to be included are, laboratory mixing and compaction temperature ranges and maximum field mixing and compaction temperatures. (G4) Evidence that the completed mixture will conform to all specified physical requirements as follows: Design air Voids (Va), VMA, VF A, TSR, F/Ae (Fines to effective asphalt ratio), Densification %GnUll at Ninitiaj, Ndesign, and NMaximum' (G5) Labeled gyratory densification tables and curves, generated from the gyratory compactor, for all points used in the mixture submittal. Marshall Design (M1) The test results from the composite aggregate blend at the proposed JMF proportions indicating compliance with fine aggregate angularity uncompacted voids as shown in Table 2360.3-B2a. Or calculated -4.75 rom [-#4] crushing from the composite blend of the proposed JMF. Selection of either FAA or -4.75 rom [-#4J crushing shall be made at the time of mix design submittal. This selection will dictate the choice of method used for determination of compliance and acceptance for the duration of time the Mixture Design Report is in force. RAP sand will be considered 50% crushed if the angularity index equals or exceeds 40, and 100% crushed if the angularity index equals or exceeds 45. D Modified Mixture Design (Option 2) Test results and documentation as described in Section 2360.3C shall be submitted to the Department Bituminous Engineer or the District Materials Engineer to verify compliance with mix design requirements and issue a Mix Design Report. Mixture submittal is not required. The Contractor may use this option if all of the follo\ving conditions are met: a) The aggregates in the proposed Mix Design Report have been used, in part, in other Mix Design Reports. Additionally, the aggregates must have been previously tested for and meet all applicable quality requirements in the current construction season. b) The Level II mix designer submitting the mixture design must have a minimum of 2 years experience in mixture design. c) The Contractor and his representatives cannot have violated the requirements of 1512 Unacceptable and Unauthorized Work relating to mixture design or mixture production within the last 12 month period. Page 14 of 48 2360/2350 Combined Specification December 1,2004 Dl JMF Submittal At least 2 working days prior to the start of asphalt production, the Contractor shall submit in writing a proposed Job Mix Formula (JMF) for each combination of aggregates to the Department Bituminous Engineer or District Materials Engineer for review. A Level II Quality Management mix designer must sign this proposed JMF. For each JMF submitted, the Contractor shall include documentation as outlined in Section 2360.3C to demonstrate conformance to mixture properties as specified in Table 2360.3-B2b and 2360.3-B2c. The proposed JMF shall be submitted on forms approved by the Department. D2 Initial Production Test Verification At the start of production, the testing frequency for the fIrst 1,800 metric tons [2,000 tons] of each mix type shall be as specified in Table 2360A-D. All mixture placed on ~.1n/DOT the Owner's projects shall meet the specified quality indicators and required field density. Failure to do so will result in reduced payment or removal and replacement with acceptable material. The Department Owner shall take a mix verification sample within the fIrst four samples at the start of production of each mix type. D3 Tensile Strength Ratio sample See Section 2360AE9 D4 Marshall Stability OVlarshall Design Only) On the fIrst day of production, for each different mix design, at the same time the verification sample is obtained, an additional sample shall be obtained for Department O\vner evaluation of Marshall stability. This sample may be tested at the discretion of the District ~.hterials En;ineer Engineer. The Contractor is not required to test stability on production mixture. If the Marshall stability fails to meet the minimum requirements as listed in Table 2360.3-B2c the Contractor shall stop production immediately. The Contractor will be required to submit a revised mix design, with bituminous mixture at optimum asphalt content, to the District Materials Laboratory. Ifthe mixture meets the minimum stability requirement production may be resumed. If the stability fails the second time, the Mix Design Report will be revoked. The Contractor will then be required to submit a new mix design according to Laboratory Mixture Design 2360.3B, Option 1. A new Mix Design Report will be issued upon successful verification of the new mixture design submittal. E Mixture Design Report A Mixture Design Report consists of the nvfF (Job Mix Formula). The nvrF includes composite gradation, aggregate component proportions, asphalt binder content of the mixture, design air voids, Voids in Mineral Aggregate, and aggregate bulk specific gravity values. J1vfF limits will be shown for gradation control sieves, percent asphalt binder content, air voids, and vrvfA. Issuance of a Mixture Design Report confirms the mixture has been reviewed for and meets volumetric properties only. No guaranty or warranty, either express or implied, is made regarding placement and compaction of the mixture A Department reviewed Mixture Design Report is required for all paving except for small quantities of material provided under Section 2360.5H. All submitted materials must meet aggregate and mixture design requirements before a Mixture Design Report is issued. The Department will review two trial mix designs per mix type designated in the plan, per Contract at no cost to the Contractor. Additional mix designs will be verified at a cost of$2000 per design, payable to the Commissioner of Transportation. Page 15 of 48 2360/2350 Combined Specification December 1, 2004 For city, county, and other agency projects, the Contractor shall provide to the District Materials Laboratory a complete Project proposal including addenda, supplemental agreements, change orders, and any Plan sheets (including typical sections) that affect the mix design. The Department will not start the verification process without this information. 2360.4 MIXTURE QUALITY MAJ.~AGEMENT (Quality Control/Quality Assurance) A Quality Control (QC) The Contractor shall provide and maintain a quality control program for HMA production. A quality control program is defined as all activities, including mix design, process control inspection, sampling and testing, and necessary adjustments in the process that are related to the production of a hot mix asphalt (HMA) pavement which meets the requirements of the specifications. Al Contractor Certified Plant HMA Ala Certification Procedure The Contractor shall: (1) Complete application form and request for plant inspection. (2) Provide a site map of stockpile locations. (3) Pass plant and testing facility inspection by having the Plant Inspector and Bituminous Plant Authorized Agent complete and sign the Asphalt Plant Inspection Report (TP 02142-02, TP 02143-02). By signing the Asphalt Plant Inspection Report, the HMA plant authorized agent agrees to calibrate and maintain all plant and laboratory equipment within allowable tolerances set forth in these specifications, Standard Specifications for Construction, and the MnlDOT Bituminous Manual. (4) Obtain a Mixture Design Report prior to production. A1b Maintaining Certification To maintain certification, the plant must produce, test, and document all certified plant asphalt mixtures in accordance with the above requirements on a continuous basis. Continuous basis means all asphalt mixtures supplied from a certified plant to any DepartlT'€flt project with 2360 asphalt mixtures must be sampled and tested in accordance with 2360 requirements and the Schedule of Materials Control. The Contractor shall assure the plant certification procedure is performed annually after winter suspension and before producing material for a Project. In addition, a [rrst-day sampling and testing frequency rate as stated in Table 2360A-D shall be followed. The Contractor shall recertify a plant when it is moved to a new location or a previously occupied location. A1c Revocation of Plant Certification The Department Construction Engineer may revoke certification of an asphalt plant when requirements are not being met or records are falsified. The Department may revoke the Technician Certification for the individual involved. The Department Bituminous Engineer and Department Contract Administrator will maintain a list of companies who have had their asphalt plant certification revoked. Page 16 of48 2360/2350 Combined Specification December 1, 2004 B Quality Assurance (QA) The Department Owner will perform QA testing as part of the acceptance process. The Engineer is responsible for QA testing, records, and acceptance. The Engineer will accomplish the QA process by: (1) (2) (3) (4) (5) (6) (7) Conducting Quality assurance and verification sampling and testing. Observing sampling and tests performed by the QC personnel. Taking additional samples at any time and any location during production. Monitoring the required QC summary sheets and control charts. Verifying calibration of laboratory testing equipment. Communicating MnrnOT Owner test results to the Contractor'sQC personnel in a timely manner. Ensuring Independent Assurance Sampling and testing requirements are met. C Contractor's Quality Control C1 Personnel Requirements Along with the proposed mix design data, the Contractor shall submit to the Engineer an organizational chart listing the names and phone numbers of individuals and alternates responsible for mix design, process control administration, and inspection. The Contractor shall also post a current organizational chart and if required by the Engineer, post a daily roster of individuals performing QC testing in the Contractor's test facility. The Contractor's quality control organization or private testing firm shall have Certified Technicians who have met the requirements on file with the Department's Technical Certification program. Individuals performing process control testing must be certified as a Level I Bituminous Quality Management (QM) Tester. Individuals performing mix design calculations or mix design adjustments must be certified as Level II Bituminous QM Mix Designer. The Contractor shall have a Certified Level II Bituminous QM ML'{ Designer available to make any necessary process adjustments. The Contractor shall have a minimum of one person per paving operation certified as a Level II Bituminous Street Inspector. C2 Laboratory Requirements: The Contractor shall furnish and maintain a laboratory at the plant site or other site as approved by the Engineer. The laboratory shall be furnished with the necessary equipment and supplies for performing Contractor quality control testing. The laboratory equipment shall meet the requirements listed in Section 400 of the MnlDOT Bituminous Manual and these specifications, including having extraction capabilities. The laboratory shall be calibrated, and operational prior to the beginning of production. In addition to the requirements listed above, the laboratory shall be equipped \vith a telephone for use by the Contractor or the Engineer. A fax machine and copy machine shall be available for use by the Contractor or the Engineer at the laboratory site. The laboratory shall also include a computer and printer. The computer shall have the following minimum requirements: 1) Intel based with either Celeron or Pentium IV processor with a minimum processor speed of 1.8 MHZ. 2) CD writer with CDIRW capability and a minimum wTite speed of 16x. 3) Windows 2000 or Windows XP with Microsoft Excel version 97 or newer. The printer must be able to print control charts. The Engineer shall be allowed to inspect measuring and testing devices to confirm both calibration and condition. The Contractor shall calibrate and correlate all testing equipment in accordance with the latest version of the MnlDOT Bituminous Manual. D Sampling and Testing The Contractor shall ensure that all QC samples are taken at random locations. Random number generation and determination of random sample location shall be consistent with the MnlDOT Bituminous Manual Section 5-693.7 Table A or Section 5 of ASTM D3665. The Engineer may approve alternate methods of random number generation. Page 17 of 48 2360/2350 Combined Specification December 1, 2004 The tests for mixture properties shall be conducted on representative portions of the mix, quartered from a larger sample of mixture taken from behind the paver, or when approved by the Engineer, an alternate sampling location. The procedure for truck box sampling, an alternate sampling location, is on file in the Bituminous Office. When an alternate sampling location is approved and used by the Contractor, the daily verification sample must still be taken from behind the paver. The Contractor shall obtain a sample of at least 25 kg [55 pounds]. This sample may be either split in the field or transported to the test facility by a method to retain heat to facilitate sample quartering procedures. The Contractor shall store and retain mixture bulk samples and companion samples for the Department Engineer for a period of 7 working days. The Contractor shall maintain these split samples in containers labeled with companion numbers. The Contractor shall perform QC sampling and testing according to the following schedule. Determine the planned tonnage for each mixture to be produced during the production day. Divide the planned production by 1000. Round the number to the next higher whole number. This number will be the number of production tests required for that mixture. Required production tests are listed in Table 2360.4-E. Split the planned production into even increments and select sample locations as described above. If actual tonnage exceeds planned tonnage additional tests may be required. During production, mixture volumetric property tests will not be required when mix production is less than 270 metric tons [300 tons]. However, production tests will be required when the accumulative tonnage on successive days exceeds 270 metric tons [300 tons]. At the start of production, the testing frequency for the ftrst 1800 metric tons [2,000 tons] of each mix type shall be as follows: ro uction tart-Un esting ates Production Test Testing Rates Test Reference Section Bulk Specific Gravity I test per 450 metric tons [500 tons] AASHTO T312,TI66 Mn/OOT 2360.4E2 modified Maximum Specific Gravity I test per 450 metric tons rsoo tonS! AASHTO T209 MnlDOT modified 2360.4E3 Air Y oids (calculated) I test per 450 metric tons [500 tons] AASHTO T269, T312 2360.4E4 Asphalt Content I test per 450 metric tons rsoo tonsl Bit & Lab Manual 2360.4El YMA (Calculated) I test per 450 metric tons [500 tons] AI MS 2 & SP 2 2360.4E5 Gradation I test per 900 metric tons f1 000 tons 1 AA.SHTO TII, T27, T30MnIDOT modified 2360.4E6 Coarse Aggregate Angularity 1 test per 900 metric tons [1000 tons] ASTM 05821 2360.4E7 Fine Aggregate Angularity 1 test per 900 metric tons [1000 tons] AASHTO T304, Method A 2360.4E8 (F AA)(I) P d Table 2360A-D S T R (1) Marshall design allows -4.75mm [-#4] manufactured crushed filles calculation per MnlDOT Bituminous Manual E Production Tests When more than one MnlDOT approved test procedure is available, the Contractor shall select, with the approval of the Engineer, one method at the beginning of the Project and use that method for the entire Project. The Contractor and Engineer may agree to change test procedures during the construction of the Project. Page 18 of48 2360/2350 Combined Specification December 1, 2004 Table 2360A-E Production Sampling and Testing Rates Production Test Samplin!!/Testinl! Rates Test Reference Section Bulk Specific Gravity Divide the planned production by 1000. Round the AASHTO T312, T245 Tl66 2360.4E2 number to the next higher whole number. Mn/DOT mod Maximum Specific " AASHTO T209 MnlDOT 2360.4E3 Gravity modified Air Voids (calculated) " AASHTOT269, T312 2360.4E4 Asphalt Content " Bit & Lab Manual 2360.4E I VMA (Calculated) " AI MS 2 & SP 2 2360.4E5 Gradation I gradation per 1,800 metric tons [2,000 tons], or AASHTO Tl I, T27, 2360.4E6 portion thereof (minimum of one per day) T30Mn/DOT modified Coarse Aggregate 2 tests/day for a minimum of2 days, then 1 per day if ASTM D5821 Angularity CAA is met. IfCAA >8% of requirement, 1 sample/day 2360.4E7 but test IIweek. Fine Aggregate 2 tests/day for a minimum of2 days, then I per day if AASHTO T304, Method A Angularity (F AA)(I) FAA is met. If FAA >5% of requirement, 1 sample/day 2360.4E8 but test IIweek. TSR 1 st sample at 5,000 tons or by second day of production, ASTM D4867 Mn/DOT 2360.4E9 then sample at every 18,000 metric tons f20,000 tonsl modified Aggregate Specific 1 per 9,000 metric tons [10,000 tons] AASHTO T84 & T85, 2360.4E 10 Gravity Mn/DOT modified Mixture iv[oisture Daily unless exempted by Engineer MnlDOT 5-693.950 2360.4EII Content Asphalt Binder Sample 1st load (each grade) then 1 per 1,000,000 liter MnlDOT 5-693.920 2360.4E12 f250,000 gallon-sample size 1 Quart.l (1) Marshall design allows -4.75mm [-#4] manufactured crushed fines calculation per MnlDOT Bituminous Manual (a) (b) (c) (d) Asphalt Binder Content Spot Check (Virgin only)....................................................................MnlDOT Bituminous Manual Incinerator Oven (t) ........................................................ MnlDOT Laboratory Manual Method 1853 Chemical Extraction ........................................MnlDOT Laboratory Manual Method 1851 or 1852 Meter Method (Virgin only) ................................................................MnlDOT Bituminous Manual E1 (1) Incinerator Oven may not be used when the percentage of Class B material exceeds 50% within the composite blend, unless a correction factor is determined by the Contractor and approved by the District Materials Engineer. E2 Marshall Bulk Specific Gravity, Gmb (3 specimens).....AASHTO T166, MnillOT Modified, or E2a Gyratory Bulk Specific Gravity, Gmb (2 specimens) ................................AASHTO T312, T166, MnillOT Modified E3 Maximum Specific Gravity, Gmm..........................................~..ASHTO T209, MnillOT Modified E4 Air Voids - Individual and Isolated (calculation)......................................AASHTO T269, T312 Isolated air voids are calculated using the maximum mixture specific gravity and the corresponding bulk specific gravity from a single test. Individual air voids are calculated from the maximum specific gravity moving average and the bulk specific gravity from that single test. For gyratory design, compaction shall be conducted to Nmaximum and calculations for %Grnm at Ninitial and Ndesign shall be determined by applying the calculated correction factor as described in the Asphalt Institute SP 2 manual. Page 19 of 48 2360/2350 Combined Specification December 1, 2004 Production control for % Gnm1 at Ninitial and Nmaxirnurn shall not exceed the limit shown in Table 2360.3-B2b by more than 1.0 %. Mixture produced beyond these limits, as measured by the moving average offour tests, may result in a cancellation of the Mix Design Report. A new mix design and submittal that satisfies these specification criteria may be required. E5 V oids Mineral Aggregate (VMA) (calculation) ............................. Asphalt Institute MS-2, SP-2 E6 Gradation - Blended Aggregate..........AASHTO T-ll, T-27, and T-30 (all MnfDOT modified) Testing to determine the blended aggregate gradation shall be determined every 1800 metric tons [2,000 tons], or portion thereof (minimum of one per day), on samples taken at the same time as the required mixture sample for a given increment. All gradations require a - 0.075 mm [-#200] wash. (a) Virgin Aggregate Mixtures - Drum or Screenless Plants Belt Samples or extracted production samples. (b) All Other Mixtures: 1. Hot Bins - Drybatch (Optional) 2. Incinerator Oven MnlDOT Laboratory Manual Method 1853 (Optional) except samples that contain over 50% class B. (1) 3. Extraction MnlDOT Laboratory Manual Method 1851 or 1852 (Optional) (1) Incinerator Oven may not be used when the percentage of Class B material exceeds 50% within the composite blend, unless a correction factor is determined by the Contractor and approved by the District Materials Engineer. E7 Coarse A.ggregate Angularity............... ...... .............................................................. ASTlVI D5821 CAA test results shall meet the minimum percent fractured faces as shown in Table 2360.3-B2a. ASTM D-5821 shall be used to determine coarse aggregate angularity on the composite blend from aggregates used in production of hot mix asphalt. Mixtures that contain virgin aggregates may be tested from composite belt samples. Mixtures that contain RAP must be tested from extracted aggregates taken from standard production samples. The percentage of fractured faces of the composite aggregate blend less than 100% shall be tested at the following rates: (1) Perform two tests per day for each mixture blend for a minimum of two days and then one per day if the test samples meet CAA requirements. (2) IfCAA crushing test results exceed 8 percent of the requirement, take one sample per day and perform one test per week. CAA results must be reported on the test summary sheet. Mixture placed and represented by results below the minimum requirement, as shown in Table 2360.3-B2a, will be subject to reduced payment as outlined in Table 2360A-L3. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. E8 Fine Aggregate Angularity ......................................................................ASTM C1252 Method A FAA test results shall meet the minimum criteria shown in Table 2360.3-B2a. ASTM C1252 Method A shall be used to determine fine aggregate angularity on the composite blend from aggregates used in production of H.L\1A. Mixtures that contain virgin aggregates may be tested from composite belt samples. Mixtures that contain RAP must be tested from extracted aggregates taken from standard production samples. The percentage of un compacted voids from the composite aggregate blend shall be tested at the following rates. Page 20 of 48 2360/2350 Combined Specification December 1, 2004 (1) Perform two tests per day for each mixture blend for a minimum of two days and then one per day if the test samples meet FAA requirements. (2) If FAA test results exceed 5 percent of the requirement, take one sample per day and perform one test per week. FAA results must be reported on the test summary sheet. Mixture placed and represented by results below the minimums, as shown in Table 2360.3-B2a, will be subject to reduced payment as outlined in Table 2360.4-13. Tonnage is subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. E8a - 4.75 mm [-#4] Manufactured Crushed Fines ......................................... (calculation) MnlDOT Bituminous Manual Under Marshall design, when the -4.75 mm [-#4] crushing is calculated, adjustments in target values from the composite blend must be inade at the end of each days paving. If the target quantity (percent of -4.75 mm [-#4] to be crushed) changes due to mixture proportion or composite gradation change, a new target shall be established for the next days paving. E9 Field Tensile Strength Ratio (TSR) .........................................ASTM D4867 MnlDOT Modified A TSR sample shall be obtained \vithin the first 4,500 metric tons [5,000 tons] ofH.l\1A produced or by the second day of production, whichever comes first, to verify tensile strength ratio (TSR). These samples may be tested at the discretion of the District ~Iaterials Engineer Owner. If the ~Iaterials Engineer Owner requires the samples to be tested, both the Contractor and the Department Engineer will be required to test these samples within 72 hours after it is sampled. Sample size shall be 50 kg [110 pound] minimum and split in half to provide a sample for the Department Engineer and the Contractor. The Department Engineer companion of this split shall be labeled with the date, time, Project number and approximate cumulative tonnage to date. The Department Owner companion shall be given to the Department Owners Street Inspector or Plant Monitor immediately or delivered to the District ~Iaterials Engineer within 24 hours of sampling, as specified by the Engineer. Mixture samples shall be taken from behind the paver unless the Engineer approves an alternate sampling location. Specimen size shall be 100 mm [4 inch] for Marshall mix design and 150 mm [6 inch] for gyratory design The Contractor may test the sample at a permanent lab site or a field lab site. Additional HMA mixture samples for TSR evaluation shall be sampled at a rate of 1 per 18,000 metric tons [20,000 tons] increments for all mixtures produced on the Project. These samples may be tested at the discretion of the District ~\laterials Engineer Owner. If the :vIaterials Engineer Owner requires the samples to be tested, both the Contractor and the Department Engineer will be required to test these samples. Minimum acceptable TSR values for production are shown in Table 2360.4-E9. The Contractor shall stop production immediately if minimum TSR requirements are not met. The Contractor will not be allowed to resume production until anti-strip has been added to the asphalt binder. Determination of who is responsible for the cost of the anti-strip is based on ~.1I1/DOT Owner and Contractor TSR values as outlined in Tables 2360.4E9A, 2360.4E9B, and 2360.4E9C. When ~ilnfDOT the Owner is responsible for the cost of the anti-strip, payment will be made only for the cost of the anti-strip for mixtures placed on that project. ~iln!f)OT The Owner will not reimburse the Contractor for any delay costs associated with making changes related to this testing. Mixture Tvne- - Minimum TSR LVandMV Gyratory Traffic Level 2-3 Traffic Level 4-5 ~q:n!f)OT Mn!f)OT ;\In!f)OT Contractor Owner Contractor Owner Contractor Owner 70% 60% 75% 65% 80% 70% Table 2360A-E9 Page 21 of 48 2360/2350 Combined Specification December 1,2004 Table 2360A-E9A LV and MV Contractor TSR Mixtures >70 <70 MnlJ)OT ;:::60 NA ].'lnIJ)OT Owner Owner TSR <60 Contractor Contractor Table 2360A-E9B Gyratory Level Contractor TSR 2-3 >75 <75 MnlJ)OT ;:::65 NA ].'In IJ)OT Owner Owner TSR <65 Contractor Contractor Table 2360A-E9C Gyratory Level 4-5 Contractor TSR >80 <80 MnlJ)OT ;:::70 NA ~,'fnIJ)OT Owner O\vner TSR <70 Contractor Contractor Another sample shall be taken and tested within the fIrst 450 metric tons [500 tons] after production resumes. If the re-test fails to meet the minimum specified value the Contractor shall stop production immediately. Production cannot resume until the Contractor has discussed, with the Engineer, a proposal for resolving the problem. The Contractor shall not operate below the specifIed minimum TSR on a continuing basis. A continuing basis shall be defined as 2 or more successive tests failing the TSR requirements. The following conditions will automatically require a sample to be taken and tested: 1. A proportion change of more than 10 percent (from the currently produced mixture) for a single stockpile aggregate. 2. The discretion of the Engineer. Dispute resolution procedures for TSR are on file in the Bituminous Office. E10 Aggregate SpecifIc Gravity (Gsb) ........................... AASHTO T84 and T85, MnlDOT modified Samples of all aggregate stockpiles shall be collected on each aggregate used in the production mixture, at a rate of one sample per 9,000 metric tons [10,000 tons] mixture produced. These samples shall be taken at random as directed by the Engineer. These representative StOCK ""pile samples shall be 40 kg [90 pounds] of each aggregate component. Each sample shall be split in half to provide a sample for the Department Owner and the Contractor. The Department Owner companion shall be labeled with date, time, Project number and approximate cumulative tonnage to date. The Department Owner's companion shall be given to the Department Owner's Street Inspector or Plant Monitor immediately or delivered to the District ~.'1aterials Engineer within 48 hours of sampling, as specified by the Engineer. These samples may be tested. Tested samples will be compared to the Contractor's values on the Mix Design Report. lfthe results deviate beyond the tolerance specified in Table 2360A-M, the dispute resolution procedure on fIle in the Bituminous Office will be utilized. Any mixture placed follo\ving notification of new specific gravity values will be based upon Department results unless proven incorrect. The Contractor shall be notified when new specific gravity values become available and what impact this will have on the calculated VNIA. Page 22 of 48 2360/2350 Combined Specification December 1, 2004 Ell JVloisture C on ten t ............................................................................................. MnfDOT 5-693.950 Provide a mixture with a moisture content not greater than 0.3 percent. The moisture content in the mixture shall be measured behind the paver or alternate approved sampling method on file in the Bituminous Office. Sampling and testing shall be conducted by the Contractor on a daily basis unless exempted by the Engineer. Sampling and testing is suggested when rain on stockpiles exceed more than 5 mm [0.2 inch] in a 24 hour period. The sample shall be stored in an airtight container. Microwave testing is prohibited. HlYIA that exceeds 0.3% moisture content is unacceptable. The Contractor shall take appropriate action to remove excess water from the mixture. This action may include reducing the production rate, mixing stockpile aggregates prior to placement into the feed bins, and use of covered stockpiles. E12 Asphalt Binder Samples The Contractor shall sample the first shipment of each type of asphalt binder, then sample at a rate of one per 1,000,000 liters [250,000 gallons]; sample size shall be 1.0L [1 quart]. All samples shall be taken in accordance with the MnlDOT Bituminous Manual 5-693.920. Sampling shall be conducted by Contractor and monitored by the Inspector. Promptly submit the sample to the Department Materials Laboratory in Maplewood. The Contractor shall record sample information on Asphalt Sample Identification Card. F Documentation (Records) The Contractor shall maintain documentation, including test summary sheets and control charts, on an ongoing basis. The Contractor shall also maintain a file of gyratory specimen heights for all gyratory compacted samples and test worksheets. Reports, records, and diaries developed during the progress of construction activities for the Project, shall be filed as directed by the Engineer and will become the property of the Department Owner. The Contractor shall: (1) Number test results in accordance with standard Department procedures and record on forms approved/supplied by the Department. (2) Facsimile all production test results on test summary sheets to the District .Materials Labomtory Engineer's Street Inspector and to other sites as requested by the Engineer, by 11 AM of the day following production. (2a) Include the following production test results and mixture information on the Department approved test summary sheet. 1. Percent passing on sieves listed in Table 2360.2-E 2. Coarse and fine aggregate crushing. 3. Maximum specific gravity (GrnmJ 4. Bulk specific gravity (Gmb). 5. Percent asphalt binder content (Pb). 6. Calculated production air voids (Va)' Gyratory design shall also include %Gnun at Ninitial, %Gmm at Ndesign , and % Gmm at Nmaximum 7. Calculated voids in mineral aggregate (V1vlA). 8. Composite aggregate specific gravity (Gsb) reflecting current proportions. 9. Aggregate proportions in use at the time of sampling. 10. Tons where sampled. 11 Cumulative tons. 11a. Tons Represented by Test. 12. Fines to effective asphalt ratio (F/Ae). 13. Signature Line for :.In/DOT Engineer and Contractor Representative. 14. MLxture Moisture Content. 15. 2.'lnrnOT Owner verification sample test result. Page 23 of 48 (2b) (3) (4) (5) (6) (6a) G 2360/2350 Combined Specification December 1, 2004 Submit copies of all failing test results to the Engineer on a daily basis. Provide the Engineer with asphalt manifests ofBOL's (Bill of Ladding:) on a daily basis. Provide a daily plant diary to include a description of QC actions taken (adjustment of cold feed percentages, changes in JNIFs, etc.) include all changes or adjustments on the test summary sheets. Provide weekly truck scale spot checks (as requested bv Eng:ineer). Provide a Department approved accounting system for all mixes and provide a daily and final Project summary of material quantities and types. Provide a [mal hardcopy summary of all quality control test summary sheets and control charts at completion of bituminous operations on the Project to the Engineer. Because Certified Plant test data often represents test data for multiple projects, it may be necessary to make duplicate copies of the data for each project. The Contractor shall also submit a diskette of the quality control summary sheets, control charts and density worksheets to the Bituminous Engineer. (7) Furnish an automated weigh scale and computer generated weigh ticket. The ticket shall indicate project number, mix designation (including binder grade), Mixture Design Report#, truck identification and tare, net mass, date and time of loading. Any deviations from the minimum information to be provided on the computer generated weigh ticket must be approved by the Engineer in writing. (8) Charts and records for a mixture produced at one plant site shall be continued from contract to contract. Documentation (Control Charts) The following data shall be recorded on the standardized control charts ifrequested bv the Eng:ineer, all control charts, and summary sheets shall be computer generated using software approved by the Engineer. Software is available from the MnlDOT Bituminous Office at www.nm.dot.state.ron.us/pa vementlbituminouslbi tuminous. asp. (I) Blended aggregate gradation, include sieves shown in Table 2360.2-E for specified mixture. (2) Percent asphalt binder content (Ph) (3) Maximum specific gravity (Gmm,) (4) Production air voids (Va) (5) VMA Individual test results shall be plotted for each test point. A solid line shall connect individual points. The moving average for each test variable shall be plotted starting with the fourth test. A dashed line shall connect the moving average points. The Department's Owner's quality assurance and verification test results shall be plotted with asterisks. Specification JNIF limits shall be indicated on the control charts using a dotted line. The Engineer may waive the plotting of control charts. H JMF Limits The production air voids and V1vlA are based upon the minimum specified requirements as shown in Tables 2360.3-B2b and 2360.3B2c. Gradations and asphalt binder content limits are based upon the current Department reviewed Mixture Design Report. Gradation control sieves include each sieve shown in Table 2360.2-E. The mixture production targets are listed on the Mixture Design Report. JMF limits are the target plus or minus the limits shown in Table 2360.4-H. JMF limits are used as the criteria for acceptance of materials based on the moving average. A moving average is the average of the last four test results. Page 24 of 48 2360/2350 Combined Specification December 1, 2004 Item JlYIF Limits VJ\IIA, % - 0.3 Production Air Voids, % :1: 1.0 Asphalt Binder Content, % -0.4 Sieve - % Passing* 25, 19, 12.5,9.5,4.75 rom [1 inch, 3/4 inch, 1/2 inch, 3/8 inch, #4] :1:7 2.36 rom [#8] :1:6 0.075 rom [#200] :1: 2.0 Table 2360.4-H JlYIF Limits (N=4) *J1vIF limits are not allowed outside the broadband requirements in Table 2360.2-E. I JlYIF Bands JMF Bands are defIned as the area between the target, as identified on the Mixture Design Report, and the JMF limits. J JlYIF Adjustment The Contractor shall begin mixture production with the materials (gradation, asphalt content, and aggregate proportions) closely conforming to the reviewed Mixture Design Report. Closely conforming shall be defmed as aggregate proportions within 5 percent of the design proportions (I) and other mixture parameters within the JMF limits in Table 2360.4-H. This requirement may be waived if the Contractor provides the District Materials Laboratory with prior documented production data showing how production affects the mixture properties or if the Contractor provides the District Materials Laboratory with a written justification or explanation of material changes since the original mixture submittal. (I) The Contra~tor shall begin mixture production using all aggregate proportions included on the Mixture Design Report unless the aggregate proportion is shown as 0 percent. If, during production, the Contractor determines from results of QC tests that adjustments to the mix design are necessary to achieve the specified properties, the following provisions shall apply. No adjustments are allowed using aggregates or materials not part of the original mix design. The Contractor shall make a request for a J1vIF adjustment to the Department Bituminous Engineer or District Materials Engineer. The requested change will be reviewed for the Department by a Certified Level II Bituminous QM Mix Designer. If the request meets the design requirements in Tables 2360.3-B2a and 2360J-B2b, a revised Mixture Design Report shall be issued. Each trial mixture design submittal as described in Section 2360.3A may have three JMF adjustments per mixture per project without charge. Additional J1vlF adjustments requested must be accompanied with a $500 fee per each additional JMF adjustment, payable to the Commissioner of Transportation. If a JMF change is requested for the 0.075 rom [#200] sieve, the Fines to Effective Asphalt Ratio shall be determined on the moving average from the previous four gradation tests conducted during actual production. The adjusted JMF shall be within the mixture specification gradation design broadbands shown in Section 2360.2E. Should a redesign of the mixture become necessary, a new JMF shall be submitted. The JMF asphalt content may only be reduced if the production VMA meets or exceeds the minimum VJ\IIA requirement for the mixture being produced. Adjustments will be made as a result of an interactive process between the Contractor, Engineer, and District Materials Engineer. Consecutive requests for J1vIF adjustments, without production data, are. not allowed. The calculation of the moving average shall continue after the JMF has been approved. Page 25 of 48 2360/2350 Combined Specification December 1, 2004 J1 Jl\IIF Adjustment for Proportion Change> 10% If a JMF adjustment is requested for a proportion change exceeding 10% (from the currently produced mixture) for a single stockpile aggregate, supporting production test data from a minimum of four tests run at an accelerated testing rate of 1 test per 450 metric tons [500 tons] must be included with the request for adjustment. In addition to the requirements listed above, acceptable verification and approval of the requested JMF will be based on individual and moving average test results. Individual test results must be within twice the requested JMF limits for percent asphalt binder, production air voids, and VMA. Individual gradation must be within twice the requested INIF bands. The moving average values must be within the control limits of Table 2360A-H. The calculation of the moving average shall continue after the change in proportions. If the mixture meets the specified quality indicators, the request for JMF adjustment will be signed by the District Materials Laboratory and considered effective from the point the proportion change was made. Failure to meet the quality indicators will result in reduced payment or removal and replacement with acceptable material. Consecutive requests for JMF adjustments without production data is not allowed. K Corrective Action -- Percent Asphalt Binder Content, VMA, and Gradation and Production Air Voids When the moving average values trend toward the JJ'vIF limits, the Contractor shall take corrective action. The corrective action taken shall be documented on summary sheets and, if applicable, a request for JMF adjustment shall be submitted to the District Materials Engineer for review and approval. All tests shall be part of the project files and shall be included in the moving average calculations. The Contractor shall notify the Engineer whenever the moving average values exceed the INIF limits. L Failing Materials The determination of price adjustments for failing materials will be based on the criteria outlined in this Section. Material acceptance is based on individual and moving average test results. Isolated test results are used for acceptance of air voids at the start of mixture production. Generally, individual test results which are more than twice the JMF bands are considered failing. Moving average test results are considered failing when they exceed the INIF limits. If the moving average values exceed the JMF limits, the Contractor shall stop production and make adjustments. The Contractor shall restart production only after notifying the Engineer of the adjustments that have been made. Testing shall resume at the accelerated rates and for the tests listed in Table 2360A-D for the next 1800 metric tons [2,000 tons] of mixture produced. The calculation of the moving average shall continue after the stop in production. Mixture produced where the moving average of four exceeds the INIF limits shall be considered unsatisfactory and subject to requirements of Section 2360AL4, L5, L6, and L7. Individual test failures are discussed in Section 2360AL1, L2, and L3. When the total production of a mixture type for the entire project requires less than four tests, a moving average will be established based on the tests taken. Acceptance of material will be consistent with the criteria outlined in Section 2360AL and will be based on the following modifications to the JMF limits: For two tests, establish the new' INIF limits by multiplying the INIF limits listed in Table 2360A-H by 1.41; for three tests, establish the new INIF limits by multiplying the INIF limits listed in Table 2360A-H by 1.15. For moving average gradation, the modified INIF limit cannot exceed the broadband requirements in Table 2360.2-E. When the Contractor's testing data fails to meet specified tolerances as listed in Table 2360A-M, quality assurance/verification data shall be used in place of the Contractor's data to determine the appropriate payment factor. Page 26 of 48 2360/2350 Combined Specification December I, 2004 L1 Isolated Failures at Mixture Start-Up - Production Air Voids At the start-up of mixture production, before a moving average of four can be established the first three (3) isolated test results for production air voids will be used for acceptance. Isolated production air voids are calculated by using the maximum mixture specific gravity and the corresponding bulk specific gravity from that single test. After four (4) samples have been tested and a moving average of four can be established, acceptance will be based on individual and moving average production air voids. If, at the start of production, any of the first three (3) isolated test results for production air voids exceeds twice the JMF bands from the target listed on the Mixture Design Report, the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360A-L3 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the isolated test result is back within twice the JMF bands. When the failure occurs at the first test, after the start of production, the tonnage subjected to reduce payment shall be calculated as described above and shall include the tonnage from the start of production. When isolated air voids are less than 1.0% or greater than 7.0% the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. If the mixture is to be removed and replaced, the Contractor at his expense will perform the work. To better define the area to be removed and replaced the Engineer may require the Contractor to test inplace mixture. This may include testing mixture placed prior to the failing test result. Reduced payment will be 50 percent of the Contract bid price. L2 Individual Failure at Mixture Start-Up - VlYIA At the start-up of mixture production, before a moving average offour can be established, the first three (3) individual test results for VfvlA will be used for acceptance. After 4 samples have been tested and a moving average of four can be established, acceptance will be based on individual and moving average VMA. If, at the start of production, any of the first three (3) individual VfvIA test results exceeds twice the JMF bands from the target listed on the Mixture Design Report, the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360A-L3 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the test results are back within twice the JMF limits. When the failure occurs at the first test, after the start of production, the tonnage subjected to reduce payment shall be calculated as described above and shall include the tonnage from the start of production. L3 Individual Failure - Gradation, Percent Asphalt Binder, Production Air Voids, and VMA Item Pav Factor (1) Gradation 95 % Coarse and Fine Aggregate Crushing 90% VfvIA 85 % Asphalt Binder Content 85 % Production Air Voids (individual (-) and isolated ('J) 70% Table 2360A-L3 Reduced Pavment Schedule for Individual Test Results (1) Lowest Pay Factor applies when there are multiple reductions on a single test. (2) Individual air voids are calculated using the moving average maximum specific gravity and the bulk specific gravity from that single test. (3) Isolated air voids are calculated from the maximum specific gravity and the bulk specific gravity from that single test. Isolated void test results are used for acceptance only for the first 3 tests after mixture production start-up. If the individual gradation test exceeds twice the JIvIF bands from the target listed on the Mixture Design Report the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360A-L3 shall apply to all tonnage represented by the individual test. Page 27 of 48 2360/2350 Combined Specification December 1, 2004 If the individual tests for percent asphalt binder content, production air voids, or Vl'vlA exceeds twice the JMF bands from the target listed on the Mix Design Report the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4-13 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the test result is back within twice the JMF limits. When the failure occurs at the fIrst test after the start of daily production, tonnage subjected to reduced payment shall be calculated as described above and shall include the tonnage from the start of production that day. When individual air voids are less than 1.0% or greater than 7.0% the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. If the mixture is to be removed and replaced, the Contractor at his expense will perform the work. To better defme the area to be removed and replaced the Engineer may require the Contractor to test inplace mixture. This may include testing mixture placed prior to the failing test result. Reduced payment will be 50 percent of the Contract bid price. L4 Moving Average Failure at Mixture Start-Up - Production Air Voids When a moving average failure occurs within any of the fIrst 3 moving average results after mixture start-up (tests 4, 5, 6), the mixture will be considered acceptable if the individual air void, corresponding to the moving average failure is within the J1vIF limits. If the individual air void is not within the JMF limit, the mixture will be considered unacceptable and the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. The Engineer may waive the penalty if the isolated air void corresponding to the individual air void is within the J1vlF limit. Ifthe mixture is to be removed and replaced, the Contractor at his expense will perform the \vork. Reduced payment will be 50 percent of the Contract bid price. Tonnage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample point of the failing moving average result and corresponding individual air void beyond the JMF limit to the sampling point when the individual test result is back within the J1vlF limit. L5 Moving Average Failure at Mixture Start-Up - VMA When a moving average failure occurs within any of the fIrst 3 moving average results after mixture start-up (tests 4,5,6), the mixture will be considered acceptable if the individual V1v1A, corresponding to the moving average failure is within the J1vlF limits. If the individual Vl'vIA is not within the J1vIF limit, the mixture will be considered unacceptable and the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. If the mixture is to be removed and replaced, the Contractor at his expense will perform the work. Reduced payment will be 75 percent of the Contract bid price. Tonnage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample point of the failing moving average result and corresponding individual Vl'vlA beyond the JMF limit to the sampling point when the individual test result is back within the J1vlF limit. L6 Moving Average Failure - Production Air Voids A moving average production air void failure occurs when the individual production air void moving average of four exceeds the J1vlF limit. This mixture is considered unacceptable and the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. If the mixture is to be removed and replaced, the Contractor at his expense will perform the work. Reduced payment will be 50 percent of the Contract bid price. Tonnage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample point of all individual test results beyond the JMF limits which contributed to the moving average value that exceeded the J1vlF limit to the sampling point when the individual test result is back within the JMF limits. When the failure occurs at the fIrst test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that day. Page 28 of 48 2360/2350 Combined Specification December 1, 2004 ,,., ';;;" Item Pav Factor (1) Gradation . 75 %(~) Coarse and Fine Aggregate Crushing NA (individual failures only) VMA(.) 75 % Asphalt Binder Content 75 % Production Air V oids(-) 50% Table 2360.4-L6 Reduced Pavment Schedule for Movina Averaae Test Results (1) (2) (3) Lowest Pay Factor applies when there are multiple reductions on a single test. See criteria for mixture production start-up Excluding the 0.075 mm [#200] sieve, use 95% pay factor iffailure is within aggregate gradation broadband, Table 2360.2-E. L7 Moving Average Failure - Percent Asphalt Binder Content, VMA, and Gradation For mixture properties including asphalt binder content, VMA, and gradation, where the moving average of four exceeds the JMF limits, the mixture is considered unacceptable and the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. Ifthe mixture is to be removed and replaced, the Contractor at his expense will perform the work. Reduced payment will be 75 percent of the Contract bid price. Tonnage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample point of all individual test results beyond the .ITvlF limits which contributed to the moving average value that exceeded the .ITvlF limit, to the sampling point when the individual test result is back within the JMF limits. When the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that day. L8 Coarse and Fine Aggregate Crushing Failure If any test result for Coarse Aggregate Angularity, Fine Aggregate Angularity or -4.75mm [- #4] calculated crushing fail to meet minimum requirements in Table 2360.3-B2a, all material placed is subject to reduced payment as outlined in Table 2360.4-L3. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. When the failure occurs at the fIrst test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that day. M Quality Assurance The Engineer will periodically witness the sampling and testing being performed by the Contractor. If the Engineer observes that the sampling and quality control tests are not being performed in accordance with the applicable test procedures, the Engineer may stop production until corrective action is taken. The Engineer will notify the Contractor of observed deficiencies promptly, both verbally and in writing. The Engineer may obtain additional samples, at any time, to determine quality levels. These additional samples or verification samples are described in Section 2360.4N. For mixture, the Contractor shall test their portion immediately. All testing and data analysis shall be performed by the Certified Level I Bituminous Quality Management (QM) Technician. Certification shall be in accordance vvith the MnlDOT Technical Certification Program. The Department shall post a chart giving the names and telephone numbers for the personnel responsible for the Quality assurance program. The Engineer shall calibrate and correlate all laboratory testing equipment in accordance with the latest version of the MnlDOT Bituminous Manual. Page 29 of 48 2360/2350 Combined Specification December 1, 2004 Table 2360.4-M Allowable Differences (Tolerances) Between Contractor and !\In/DOT Owner Test Results* Item Allowable Difference Mixture Bulk Specific Gravity (Gmb) 0.030 Mixture Maximum Specific Gravity (Gmm) 0.019 VMA (Calculated) 1.2 Fine Aggregate Angularity, uncompacted voids (U) % 1 Coarse Aggregate Angularity, % fractured faces (%P) 15 Aggregate Individual Bulk Specific Gravity (+4.75mm [+ #4]) 0.040 Aggregate Individual Bulk Specific Gravity (-4.75mm [- #4]) 0.040 Aggregate combined blend Specific Gravity (Gsb) 0.020 Tensile Strength Ratio (TSR) % See Table 2360.3-B2b Asohalt Binder Content Meter Method, % 0.2 Spot Check Method, % 0.2 Chemical Extraction Methods, % 0.4 Incinerator Oven, % 0.3 Chemical vs. Meter, Spot Check, or Incinerator methods 0.4 Incinerator Oven vs. Spot Check 0.4 Gradation Sieve % passinO' 25.0, 19.0, 12.5,9.5 mm [1 inch, 3/4 inch, 1/2 inch, 3/8 inch] 6 4.75 mm [#4] 5 2.36 mm [#8] 4 0.075 mm [#200] 2.0 *Test tolerances listed are for single test comparisons. N Verification Testing A verification sample is a sample, which is sampled and tested by ~','II1IJ)OT the Owner to assure compliance of the Contractor's Quality Control program. A verification companion is a companion sample, to 2.'1I1IJ)OT'S the Owner's verification sample, provided to the Contractor. The Contractor is required to test and use this verification companion sample as part of the QC program. The verification companion sample will replace the next scheduled QC sample. It is recommended enough material be sampled to accommodate retesting should the samples fail to meet requirements as described below. Verification testing shall be performed on at least one set of production tests Section 2360AE, excluding sections E9, E10, Ell, and E12, on a daily basis per mix type. The verification companion sample will be used to verify the requirements of Tables 2360.2-E, 2360.3-B2a, 2360.3-B2b, and 2360.3-B2c and will be compared to the Verification sample for compliance with allowable tolerances as specified in Table 2360A-M. These include the mixture properties of GlUm (mixture max gravity), Gmb (mixture bulk gravity), asphalt binder content, V1vlA (calculated), Coarse and Fine Aggregate crushing, and gradation. For Coarse and Fine Aggregate crushing that meets the requirements of Section 2360AE7 and 2360AE8 the one test per week shall be performed on a verification companion. These do not include the aggregate bulk specific gravity Gsb, fines to effective asphalt, or the tensile strength ratio (TSR). Asphalt binder content and gradation must be determined by either extraction method 2360AE1b or 2360.4Elc. Asphalt content from the verification test result must be used to determine VMA. The Department's Owner's verification test results will be available to the Contractor within 2 working days from the time the sample is delivered to the District Laboratory Engineer for Gmmmixture max gravity, Gmb mixture bulk gravity, air voids (calculated), asphalt binder content, V1vlA (calculated). Gradation and crushing results will be provided to the Contractor within 3 :rvlnlDOT working days. Once the verification test results are available, they will be included on the test summary sheet. These results and those from the Contractor's verification companion \vill be compared for allowable tolerances as specified in Table 2360.4-M. If the tolerances are met, the verification process is complete. Page 30 of 48 2360/2350 Combined Specification December 1, 2004 If the tolerances between Department OVvller and Contractor are not met, retests of the material shall be conducted by the Department Owner. Ifthe retests fail to meet tolerances, the Department's OWller's verification test results will be substituted for the Contractor's results in the QC program and used for acceptance. Only those parameters out of tolerance will be substituted and, if applicable, volumetric properties will be recalculated (I). When tolerances from the verification sample retests are not met, an investigation will begin immediately to determine the cause of the difference. Testing equipment, procedures, worksheets, gyratory specimen height sheets, and personnel will be reviewed to determine the source of the problem. The ~ ~.1aterials Engineer may also require a hot-cold comparison of mixture properties be performed. The procedure for hot-cold comparisons is as follows: The hot-cold comparison sample will be split into three representative portions. The Engineer will observe the Contractor testing the sample. One part shall be compacted immediately while still hot (additional heating maybe required to raise the temperature of the sample to compaction temperature). The second and third part will be allowed to cool to air temperature. The Contractor will retain the second part and the third part will be transported to the District ~;1aterials Laboratory Engineer. On the same day and at approximately the same time the Contractor and the District :.'faterials Laboratory Engineer will heat their samples to compaction temperature and compact them. From this information a calibration factor will be developed to compare the specific gravity of the hot compacted samples to reheated compacted samples. Each test will involve a minimum of three Marshall specimens or two gyratory specimens. This test may be repeated at the discretion of the Contractor or the District :.1aterials Engineer. Note: Care must be taken when reheating samples for mixture properties analysis tests. Mix samples should be reheated to 700C [1600F] to allow splitting of the sample into representative fractions for the various tests. Overheating of the mixture portions to be tested for maximum specific gravity (Rice Test) may result in additional asphalt being absorbed in the aggregate. The Department Owner will test the previously collected QA samples until they meet the tolerances or the remaining samples are all tested. Once these samples are tested, the department Owner will test QA samples subsequent to the verification sample until tolerances are met. Acceptance will be based on QC data with substitution of Department Owner test results for those parameters out of tolerance (I). Ifreestablishment of test result tolerances is not achieved within 48 hours, the Contractor shall cease mixture production and placement until the problem is resolved. (1) If, through analysis of data, it is determined there is a bias in the test results, the Engineer will determine which results are appropriate and shall govern. Methods to analyze data for determination of bias are on file in the Bituminous Office. 2360.5 CONSTRUCTION REQUIREMENTS A General The following construction requirements provide for the construction of all courses. "Then construction is under traffic, the requirements of MnlDOT 2221.3D will apply. B Restrictions In general, no work within the roadway will be permitted in the spring until seasonal load restrictions on roads in the vicinity have been removed. However, work within the roadbed may be permitted before that time if, in the opinion of the Engineer, it can be done \vithout damage to the sub grade. HMA shall not be placed when, in the opinion of the Engineer, the weather or roadbed conditions are unfavorable. Page 31 of48 2360/2350 Combined Specification December 1, 2004 No asphalt pavement wearing course (final wearing course if multiple wearing courses) shall be placed after October 15th in that part of the state north of an east-west line between Browns Valley and Holyoke, nor after November 1st south of that line. The Engineer may waive these restrictions when: (1) The asphalt mixture is not being placed on the traveled portion of the roadway, or (2) The roadway involved will not be open to traffic during the following winter, or (3) The Engineer directs in writing the mixture be placed. The Contractor shall not use petroleum distillates such as kerosene and fuel oil to prevent adhesion of asphalt mixtures in pavement hoppers, truck beds, or on the contact surfaces of the compaction equipment. Anti-adhesive agent must meet the criteria for "Effect on Asphalt" as described in the most recent Asphalt Release Agent Report on file in MnlDOT's Office of Environmental Services and the Bituminous Office. C Equipment C1 Asphalt Mixing Plants CIa Requirement for All Plants The Contractor shall test and calibrate all scales according to MnlDOT 1901, except as otherwise designated by the Contract. C1a(1) Equipment for the Preparation of the Aggregate Add mineral filler to the mixture using a storage silo equipped with a device to ensure a constant and uniform feed. C1a(2) Equipment for the Preparation of Asphalt Material Tanks for storage of asphalt material at the plant shall be equipped to heat the material and maintain the material at the required temperatures. The discharge end of the circulating line shall be below the surface of the asphalt material. Provide agitation for modified asphalt, when used, if recommended by the supplier. An outage table or chart and measuring stick shall be provided for each storage or working tank. Tanks shall be equipped with provisions for taking of asphalt binder material samples. After delivery of asphalt binder material to the Project, the Contractor shall not heat the material above 1750C [350oF]. For modified asphalt, the maximum storage temperature shall not exceed the recommendation of the asphalt supplier. C1a(3) Asphalt Binder Control When asphalt binder material is proportioned by volume, the plant shall be equipped with either a \vorking tank or a metering system for determining asphalt binder content of the mixture. The working tank shall have a capacity between 3 800 L [1,000 gallons] and 7 600 L [2,000 gallons]. The working tank shall be calibrated and supplied with a calibrated measuring stick. The tank may be connected to a mixing unit and used only during spot check operations, but it shall be available at all times. Any feedback shall be retumed to the working tank during spot check operations. Page 32 of 48 2360/2350 Combined Specification December 1,2004 The metering system shall consist of at least one approved asphalt binder flow meter in addition to the asphalt binder pump. The flow meter shall be connected to the asphalt binder supply to measure and display only the asphalt binder being fed to the mixer unit. The meter readout shall be positioned for convenient observation. Means shall be provided for comparing the flow meter readout with the calculated output of the asphalt binder pump. In addition, the system shall display in liters [gallons] or to the nearest 0.001 metric tons [0.001 tons], the accumulated asphalt binder quantity being delivered to the mixer unit. The system shall be calibrated and adjusted to maintain an accuracy of.::t one percent error. This calibration shall be required for each plant set-up prior to production of mixture. C1a(4) Dryer: The aggregate shall be free of unburned fuel. C1a(5) Thermometric Equipment: The plant shall be equipped with a sufficient number of thermometric instruments to ensure temperature control of the aggregate and the asphalt binder material. C1a(6) Pollution Controls C1a(6)(a) Poll u tio n .................... ........... .............. ................................................................................. ....... 1717 C1a(7) Surge and Storage Bins The plant may include facilities to store hot asphalt mixture for coordinating the rate of production with the paving operations. Storage of the hot mixture will be permitted for a period not to exceed 18 hours, provided the following requirements are met: (a) Hot mix storage facilities shall be designed and operated to prevent segregation of the mix, drainage of the asphalt from the mix, and to prevent excessive cooling or overheating of the mixture. (b) The temperature of the mixture at time of discharge from the storage facility shall be within a tolerance of SOC [90F] of the temperature when discharged from the silo or mixer. C2 Placement and Hauling Equipment All equipment shall be serviced away from the paving site to prevent contamination of the mixture. Units that drip fuel, oil, or grease shall be removed from the paved surface until such leakage is corrected. C2a Asphalt Pavers Asphalt pavers shall be self-contained, power-propelled units, with an operational vibratory screed, capable of spreading and finishing courses of asphalt plant mix material in widths applicable to the specified typical sections and thicknesses, indicated in the Contract. The screed or strike-off assembly shall produce a finished surface of the required evenness and texture without tearing, shoving, or gouging. For mainline paving, screed extensions and auger extensions are required if the paving width on either side of the paver is greater than the basic screed unless otherwise directed by the Engineer. Strike-off only extension assemblies are not allowed for mainline wearing course paving, unless directed by the Engineer. Automatic screed control by means of an erected string line shall only be required when stated in the Contract. All pavers shall be equipped with an approved automatic screed control. The automatic controls shall include a system of sensor-operated devices, which follow reference lines, or surfaces on one or both sides of the paver as required. The speed of the paver shall be adjusted to produce the best results. Page 33 of 48 2360/2350 Combined Specification December 1,2004 All mixtures shall be spread without segregation to the cross sections shown in the plans. In general, leveling layers shall be spread by the method producing the best results as approved by the Engineer. The objective is to secure a smooth base of uniform grade and cross section so that subsequent courses will be uniform in thickness. The leveling layer may be spread with a properly equipped paver or, when approved by the Engineer, a motor grader equipped with a leveling device, or with other means for controlling the surface elevation of the leveling layer. All mixtures shall be spread, to the fullest extent practicable, by an asphalt paver. When approved by the Engineer, mixtures may be spread by a motor grader in areas that are inaccessible to a paver such as on driveway entrances, irregular areas, short isolated areas or when the quantity of mixture makes it impractical to place with a paver. On shoulder surfacing and uniform width widening, when the placement width is too narrow for a paver, the mixture in each course shall be spread with an approved mechanical device. The placement of each course shall be completed over the full width of the section under construction on each day's run unless otherwise directed by the Engineer. C2b Trucks Trucks for hauling asphalt mixtures shall have tight, clean, and smooth beds. Mixture shall not be allowed to adhere to the truck beds. Adherence may be prevented by spraying the truck bed with an anti-adhesive agent in accordance with Section 2360.5B. Each truck shall be equipped with a cover of canvas or other suitable material to protect the mixture from weather. The cover shall extend at least 300 rom [1 foot] over the sides and be attached to tie-downs unless the truck is furnished with a mechanical or automated covering system, which prevents airflow underneath by stretching the cover tightly on the top of or inside the sideboards. The cover shall be used when directed by the Engineer. C2c Motor Graders Motor graders shall be self-propelled and have pneumatic-tires \\,ith a tread depth of 13 rom [112 inch] or less. They shall be equipped with a blade not less than 3 m [10 feet] in length and shall have a wheelbase of not less than 4.5 m [15 feet]. D Treatment of the Surface D1 Tack Coat An asphalt tack coat shall be applied to existing asphalt and concrete surfaces, and to the surface of each course or lift constructed, except for the final course or lift, according to MnlDOT 2357. Emulsified asphalt tack coats shall be allowed to break, as indicated by a color change from brown to black, before a subsequent lift is placed. The contact surfaces of all fixed structures and the edge of the in-place mixture in all courses at transverse joints and longitudinal joints shall be given a uniform but not excessive coating of liquid asphalt or emulsified asphalt before placing the adjoining mixture. E Compaction Operations After being spread, each course shall be compacted to the required density. The rollers shall, as practicable, be operated continuously so all areas are thoroughly compacted to the required density. When not operating, the rollers shall not stand on the uncompacted mixture or newly rolled pavement having a surface temperature exceeding 600C [140oF]. Rolling with steel-wheeled rollers shall be discontinued if it produces excessive crushing or pulverizing of the aggregate or displacement of the mixture. Page 34 of 48 2360/2350 Combined Specification December 1,2004 To prevent adhesion of the mixture to the steel roller wheels, the contact surfaces of the wheels shall be kept properly moistened using water or a water solution containing small quantities of a detergent or other approved material. To secure a true surface, variations such as depressions or high areas, which may develop during rolling operations, and lean, fat or segregated areas shall be corrected by removing and replacing the material in the defective area. All such corrections shall be accomplished as directed by the Engineer at no expense to the Department Owner. When mixtures are spread by a motor grader, pneumatic-tired rollers shall compact the mixture simultaneously with the spreading operation. F Construction Joints Joints shall be thoroughly compacted to produce a neat, tightly bonded joint that meets surface tolerances. Both transverse and longitudinal joints are subject to density requirements as outlined in Section 2360.6 Pavement Density. F1 Transverse Joints A transverse joint (full paver width at right angles to the centerline) shall be constructed when mixture placement operations are suspended. The forward end of the freshly laid strip shall be thoroughly compacted by rolling before the mixture has cooled. When work is resumed, the end shall be cut vertically for the full depth of the layer unless a formed edge is constructed as approved by the Engineer. F2 Longitudinal Joints Longitudinal joints between strips shall be parallel to the centerline. In multiple lift construction, the longitudinal joints between strips in each lift shall be constructed not less than 150 rom [6 inches] measured transversely from the longitudinal joints in the previously placed lift. When the wearing course is constructed in an even number of strips, one longitudinal joint shall be on the centerline of the road. When it is constructed in an odd number of strips, the centerline of one strip shall be on the centerline of the road, provided that no joint is located in the wheel path area of a traffic lane. Longitudinal joints in multiple lift construction over Portland cement concrete pavements may be aligned directly over the concrete pavement longitudinal joints at the discretion of the Engineer. At longitudinal joints formed by placing multiple strips, the adjoining surface being laid shall, after final compacting, be slightly higher (but not to exceed 3 rom [118 inch]) than the previously placed strip. When constructing a strip adjoining a previously placed strip or a concrete pavement, any fresh mixture that overlaps a previously placed strip or pavement shall be removed (to the longitudinal joint line) before any rolling is done. G Asphalt Mixture Production (FOB Department Owner Trucks) For asphalt mixture production, the Contractor shall, in addition to the asphalt mixture required on the Project, produce and deliver asphalt mixture to the Department Owner. The mixture shall be the mixture being produced and shall be loaded on Department Owner furnished trucks at the mixing plant at a time agreed on by the Engineer and Contractor. The Engineer will notify the Contractor of the total quantity of mixture desired not less than 2 weeks prior to completion of the wearing course construction. The Engineer will not accept the asphalt mixture if it is inappropriate for the Department's Owner's intended use. H Small Quantity liMA Paving Unless otherwise indicated in the Special Provisions, the following provision for a small quantity of asphalt mixture shall apply. Page 35 of 48 2360/2350 Combined Specification December 1, 2004 A Mixture Design Report is not required for planned project quantities less than 191,200 m2 rom [9,000 square yard inches [4,500 square yards per 2 inch thickness, etc]) or 450 metric tons [500 tons]. However, the Contractor shall verify in writing the asphalt mixture delivered to the project meets the requirements of Table 2360.3-B2a and Table 2360.3B2b. The Department Owner will obtain samples, as determined by the Engineer, to verify percent design air voids and gradation. These results will be used for material acceptance. Air voids will be subject to the requirements of Section 2360ALl b for isolated air voids and a gradation falling outside the requirements of Table 2360.2-E will be subject to payment as indicated in Table 2360A-L2b. 2360.6 PAVEMENT DENSITY A General All pavements will be compacted in accordance with the Maximum Density Method unless otherwise specified in the Contract special provisions or as noted in Section 2360.6C. B Maximum Density Method All courses or layers of plant mixed asphalt mixtures for which the Maximum Density Method is used shall be compacted to a density not less than the percentage shown in the Table of Required Density, Table 2360.6-B2, for the applicable mixture and course. B1 Maximum Density Determination The Density requirements listed in Table 2360.6B2 are percent of maximum specific gravity (Gmm) based on the individual lot. The Maximum specific gravity value used to calculate the percentage density for the lot shall be the average value obtained from the maximum gravity results from production tests taken during that days paving. If only one or two maximum specific gravity values were obtained that day, then the moving average value (at that test point) shall be used. If three or more maximum specific gravity values are obtained that day, then the average of those tests alone shall be used as indicated above. B1a Pavement Density Determination The density of each lot shall be expressed as a percentage of the maximum specific gravity (% Gnuu) obtained by dividing the average bulk specific gravity for the lot by the maximum specific gravity multiplied by 100, (maximum specific gravity basis is the average Gmm ofQC tests done on the day that the individual lot was paved as described above). Determination of the bulk specific gravity of the cores shall be in accordance \vith AASHTO T-166, MnlDOT modified. For coarse graded mixtures the Engineer may require determination of bulk specific gravity of the cores be in accordance with ASTM Dl188, NInlDOT modified. ASTM D6752 MnlDOT modified (Corelok) is also allowed for determination of bulk specific gravity of coarse graded mixtures. Selection of the test method to determine coarse graded mixture bulk specific gravity shall be agreed upGn at the time of mix design submittal. Both the Contractor and :,'In'DOT Owner shall use the same test method to determine bulk specific gravity. The determination of coarse and fine graded mixtures will be based on the percentage of material passing the 2.365 rom sieve [#8] as defined in Table 2360.3-B2c. Compaction operations shall be completed within 8 hours of mixture placement and before core samples are obtained for density determination. Only pneumatic tired or static steel rollers are permitted for any compactive effort performed between 6 and 8 hours after mixture placement. Compacted mixtures represented by samples or tests having deficient densities shall not be re- rolled. The Contractor shall not operate below the specified minimum density on a continuing basis. A continual basis shall be defmed as all lots in a day's production failing to meet minimum density or more than 50% oflots on multiple days \vhich fail to meet minimum density requirements. Production shall be stopped until the source of the problem is determined and corrective action is taken to bring the work into compliance with specified minimum required density. Page 36 of 48 2360/2350 Combined Specification December 1, 2004 B2 Required Density Minimum density requirements for both gyratory (SP) and Marshall designed mixtures are listed in Table 2360.6-B2. Unless otherwise indicated in the Plans or Special Provisions, shoulders wider than 1.8 meters [6 feet] paved shall be compacted by the Maximum Density Method. When shoulders are required to be compacted by the Maximum Density Method and are paved in a separate operation or have a different required minimum density than the driving lane, the lot tonnage placed on the shoulder shall be delineated in separate lots from the driving lanes for the day paving was conducted. Unless otherwise indicated in the Plans or Special Provisions a narrow shoulder, 1.8 meter [6 feet] or less wide, that is paved in the same pass as a driving lane or that is paved separately will be compacted by the Ordinary Compaction Method. Mixture compacted under Ordinary Compaction is excluded from lot density requirements and that tonnage is also excluded from incentive/disincentive payment. If the Plans or Special Provisions indicate a narrow shoulder is to be compacted by the Maximum Density Method, the minimum required density is listed in Table 2360.6-B2. If the minimum required density of the shoulder is different than the driving lane, the tonnage placed on the shoulder shall be delineated in separate lots from the driving lane. Echelon paving (two pavers running next to each other in adjacent lanes) shall be considered separate operations. eQUlre 1 lmmum ensltv SP Wear and All MV SP Nomvear (1)(2) SP Shoulders (1)(2) and LV Mixtures (1)(2) Location from ::; 100 rom [4 inch]** > 100 rom [4 inch]** Designed at Designed at surface* 3% voids 4% voids %Grom 92.0 93.0 93.0 92.0 Table 2360.6-B2 R . dM' . D 1) 2) * SP Mixtures only ** Ifless than 25% of a layer is within 100 rom [4 inches] of the surface, the layer may be considered to be below 100 rom [4 inches] for mix design purposes. Minimum reduced by one percent on the first lift constructed over PCC pavements. Minimum reduced by one percent for the first lift constructed on aggregate base (mainline and shoulder), reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 6.35 metric ton [7 ton] or less spring load restriction (roadway includes shoulders). B2a Lots & Core Locations Table 2360.6-B2a Lot Determination *When mix production is less than 270 metric tons [300 tons], establish 1 stlot when accumulative tonnage exceeds 270 metric tons [300 tons]. Daily Production Metric (ton) [English (Ton)] Lots 270* - 545 [300* - 600] 1 546 - 910 [601-1,000] 2 911 - 1,455 [1,001 - 1,600] ., ;) 1,456 - 3,275 [1,601 - 3,600] 4 3,276 - 4,545 [3,601 - 5,000] 5 4,546 + [5,001 +] 6 Page 37 of 48 2360/2350 Combined Specification December 1, 2004 Divide the days production into equal lots as shown in Table 2360.6-B2a. The Engineer may require additional density lots be established to isolate areas affected by equipment malfunctionlbreakdown, heavy rain, or other factors that may affect the normal compaction operations. Obtain three cores in each lot. Two cores will be taken from random locations selected by the Engineer. The third core, a companion core, shall be t~ken within 0.3 meters [1 foot] longitudinally from either of the fIrst two cores. The companion cores shall be given to the Department Owners Street Inspector immediately upon completion of coring and sawing. The random locations will be determined by the Engineer using statistically derived stratified random number tables or other approved methods of random number generation. These will also be used for partial lots. Both transverse and longitudinal joints are subject to maximum density requirements. If the random core location falls on an unsupported joint, at the time of compaction, (the edge of the mat being placed does not butt up against another mat, pavement surface, etc.) cut the core with the outer edge of the core barrel 0.3 meters [1 foot] away (laterally) from the edge of the top of the mat Uoint). If the random core location falls on a confmed joint (edge of the mat being placed butts up against another mat, pavement surface, curb and gutter, or fixed face), cut with the outer edge of the core barrel 150 mm:l: 12.5 mm [6 inches:l: 0.5 inch] from the edge of the top of the mat (ex. center of 100 mm [4 inch] core barrel 200 mm:l: 12.5 mm [8:1: 0.5 inches] from the edge of the top of the mat). Cores will not be taken within 300 mm [1 foot] of any unsupported edge The Contractor shall be responsible for maintenance of traffic, coring, patching the core holes, and sawing the cores if necessary to the proper thickness prior to density testing. B3 Core Testing Cores will be taken and tested by the Contractor. Core locations will be determined and marked by the Engineer. The Contractor shall schedule the approximate time of testing during normal project work hours so that the Engineer may observe and record the saturated surface dry and immersed weight of the cores. Density determination will be made by the end of the next working day after placement and compaction. If multiple layers are placed in a single day, cores shall be sawn and separated for each layer, tested and reported by the end of the next working day. The Contractor will cut pavement samples from the completed work with power equipment, and restore the surface by the end of the next working day with new, well compacted mixture without additional compensation. Failure to restore the surface within 24 hours of coring shall subject the Contractor to a fme of $100 per working day, per lot, until the core holes are restored. Cores shall be cut using a 100 mm [4 inch] minimum outer diameter coring device. All samples shall be marked with the lot number and core number or letter. The cores shall be transported to the laboratory as soon as possible to prevent damage due to improper handling or exposure to heat. These companion cores may be tested by the Inspector on Department scales or transported to the Department's Field Laboratory or District :.1nterials Engineer's Laboratory. Measure each core three times for thickness prior to saw cutting, report the average lift thickness on the core sheet. These average thickness will contribute to thickness compliance as described in Section 2360.7 A If the Department Owner companion core test result for bulk specific gravity (Gmb) deviates beyond the allowable tolerance of 0.030, substitute Department Owner companion result for Contractor's core result and then average the Department Owner result with the non-companion result for the lot density acceptance. If, through analysis of data, it is determined there is a bias in the test results, the Engineer will determine which results are appropriate and shall govern. If the Gmb tolerance fails in more than 2 lots in a day of either consistently high or low differences between the companion cores then an investigation to determine the source of errors shall be conducted. Companion cores samples shall be increased to two per lot and tested until investigation is complete and tolerances are met. The Engineer may allow recoring of a sample only when the core has been damaged through no fault of the Contractor, either during the coring process or in transit to the laboratory. Page 38 of 48 2360/2350 Combined Specification December 1, 2004 B4 Maximum Density Acceptance and Payment Schedule The density of compacted mixture shall be accepted by pavement cores on a lot basis. The Contractor's cores will be used for acceptance if the determined bulk specific gravity Gmb from AASHTO T-166, MnlDOT modified or ASTM Dl188 is within::!: 0.030 of the state Owner companion Gmb value. Payment for lot densities of compacted mixture shall be determined from Table 2360.6-B4 or 2360.6-B4A. Incentive and disincentive payments are for both wearing and non-wearing courses. When the density requirement has been reduced by one percent, per Table 2360.6-B2, footnote 1 & 2, payment adjustments for lot densities will be made as specified in Table 2360.6-B4A. Incentive payments are excluded when the minimum density has been reduced. However, at the Contractors request and with approval of the Engineer, the reduced density requirement may be waived and density evaluated under Table 2360.6-B4, including incentives, for first lift constructed on aggregate base, reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 6.35 metric ton [7 ton] or less spring load restriction (reduced density shall not be waived for the fIrst lift constructed on PCC pavements). The request and approval shall be made after the first days paving and before the third days paving begins. Once the request has been approved, evaluation of density will be in accordance with Table 2360.6-B2 (excluding footnote 2) and Table 2360.6-B4, and will remain in effect for the duration of mixture placement on that lift. The Contractor '""ill also be responsible for compliance with any construction requirements on subsequent lifts. aymen c e u e or 1 aXlmum enSl Y Percent of Max Specific Gravity (-J Percent of Max Specific Gravity (2) Percent SP Wear (:$100 rom [4 inches] from Surface) SP Non-Wear (>100 rom [4 inches] from Surface) Payment All MV & LV , SP Shld (4% Void) SP Shoulders (3% Void) 93.6 and above 94.6 and above 104 (0) 93.1-93.5 94.1 - 94.5 102 (0) 92.0 - 93.0 93.0 - 94.0 100 91.0-91.9 92.0- 92.9 98 90.5 - 90.9 91.5 - 91.9 95 90.0 - 90.4 91.0-91.4 91 89.5 - 89.9 90.5 - 90.9 85 89.0 - 89.4 90.0 - 90.4 70 Less than 89.0 (4) Less than 90.0 (4) P Table 2360.6-B4 tShdlf M D 't Table 2360.6-B4A (I) 1 % Reduced Table Percent of Max Specific Gravity (-J Percent of Max Specific Gravity (2) Percent SP Wear (:$100 mm [4 inches] from Surface) SP Non-Wear (>100 rom [4 inches] from Surface) Payment All MV & LV , SP Shld (4% Void) SP Shoulders (3% Void) 91.0 and above 92.0 and above 100 90.0 - 90.9 91.0- 91.9 98 89.7 - 89.9 90.5 - 90.9 95 89.4 - 89.6 90.0 - 90.4 91 89.2 - 89.3 89.5 -89.9 85 89.0 - 89.1 89.0 - 89.4 70 Less than 89.0 (4) Less than 89.0 (4) (1) Minimum reduced by one percent for the first lift constructed on aggregate base (mainline and shoulder), reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 6.35 metric ton [7 ton] or less spring load restriction (roadway includes shoulders). Minimum reduced by one percent on the first lift constructed on PCC pavements (reduced density cannot be waived). Page 39 of 48 2360/2350 Combined Specification December 1, 2004 (2) In calculating the percent of maximum specific gravity, report to the nearest tenth. (3) The payment in this portion of the specification shall apply only if the day's weighted average individual production air voids are within - 0.5 percent of the target air void value. The weighted average air voids shall be based on all the mixture production tests (2360.4e) for the corresponding day and shall be weighted by the tons the corresponding test represents. (4) The HMA material represented by the lot shall be paid at a 70% pay factor, unless a single core density is less than 87.0% of the maximum specific gravity (Gmm). Ifa single core density is less than 87.0% of Grnrn, the material shall be removed and replaced by the Contractor at their expense with mixture that meets the density requirements; or the Engineer may permit the unacceptable material to remain inplace with a 50% pay factor. The limits of the area to be removed will be determined by additional core samples. These additional core samples shall be taken at the same offset from centerline as the original core; unless the original low density core was taken within 0.45 m [1.5 feet] of an edge of the paver pass. In that case, the additional cores shall be taken 0.45 m [1.5 feet] from the edge of the paver pass. The densities shall be determined at 15 m [50 foot] intervals, both ahead and back of the point of unacceptable core density (less than 87.0% of Gmm), until a point of acceptable core density (87.0% of Gmm or greater) is found. If the incremental core density testing extends into a previously accepted lot, removal of the unacceptable material will be required; however, the results of these tests shall not be used to recalculate the previously accepted lot density. All costs incurred from additional coring and testing, resulting from unacceptable core density, will be paid by the Contractor. The unacceptable pavement area is to be computed as the product of the longitudinal limits so determined by the 15 m [50 foot] cores and the full width of the paver pass, laying in the traffic lane or lanes. Shoulders shall be exempt from this calculation unless density failure occurred in the shoulder area. After the unacceptable material (core density less than 87.0% of Gmm) has been removed and replaced, the density of the replacement material will be determined by the average of two cores. Payment for the replacement material will be in accordance with Tables 2360.6-B4 or 2360.6-B4A, whichever applies. There will be no payment for the material removed. The remainder of the original lot shall have a 70% pay factor. C Ordinary Compaction Method Ordinary compaction shall be used for layers identified in the typical sections with a minimum planned thickness ofless than 40 mm [11/2 inches], thin lift leveling, wedging layers, patching layers, driveways, areas which cannot be compacted w'ith standard highway construction equipment. Unless otherwise indicated in the Plans or Special Provisions recreational trails shall also be compacted by ordinary compaction. The ordinary compaction method shall not be used on mainline, ramp, or loop paving, unless otherwise designated in the plans or special provisions. When density is evaluated by the ordinary compaction method a control strip shall be used to establish a rolling pattern. This shall be used by the Contractor for the compaction of the asphalt mixture for the layer on which the control strip is constructed, or until a new control strip is constructed. The control strip requirement may be waived by the Engineer in small localized areas or other areas not conducive to its establishment. A control strip shall be constructed at the beginning of the work on each lift of each course. Each control strip shall have an area of at least 330 m2 [395 square yards] and shall be of the same thickness as the lift it represents. The subgrade or pavement course upon which a control strip is to be constructed shall have the prior approval of the Engineer. The control strips shall remain in place and become part of the completed work. The materials used in the construction of the control strips shall conform to the specified requirements for the course. The materials used in the control strip shall be from the same source and of the same type as the materials used in the remainder of the course that the control strip represents. Page 40'of 48 2360/2350 Combined Specification December 1, 2004 The equipment used in the construction of the control strips shall be approved by the Engineer and shall be the same type and mass used on the remainder of the pavement course represented by the control strip. A minimum of two rollers shall be required. A rolling pattern shall be established for each roller. A pneumatic-tired roller shall be available for compaction operations within 24 hours after request by the Engineer. The final rolling shall be performed with a tandem steel-wheeled roller. Areas that are inaccessible to the conventional type rolling equipment shall be compacted to the required density by using trench rollers or mechanical tampers. Construction of the control strips will be as directed by the Engineer. Compaction shall commence as soon as possible after the mixture has been spread to the desired thickness and shall continue until no appreciable increase in density can be obtained by additional roller's coverages. Densities will be determined by means of a portable nuclear testing device or suitable approved alternate and a growth curve shall be developed to determine the optimum rolling pattern. The Contractor shall furnish documentation of the growth curve to the Engineer. To determine when no appreciable increase in density can be obtained, two test points shall be established in the control strip on a random basis and the density at each point shall be measured by a portable nuclear device or suitable approved alternate after each roller pass. Rolling shall be suspended when testing shows either a decline of more than 2% of the maximum specific gravity or when additional roller passes fail to increase the density. After said testing is accomplished, rolling on the remainder of that course shall be done in accordance with the pattern developed in the test strip for that roller. A separate rolling pattern and time interval shall be established for each roller. A new control strip shall be ordered by the Engineer when: (a) A change in the JTvlF is made, or (b) A change in the source of material is made or a change in the material from the same source is observed. A new control strip may be ordered by the Engineer or requested by the Contractor when: (a) Ten days of production have been accepted without construction of a new control strip, or (b) There are other reasons to believe that a control strip density is not representative of the HIvIA mixture being placed. The nuclear testing device shall be furnished and operated by the Contractor. The furnishing of the testing device and the operator will be considered incidental to the furnishing and placement of the HMA mixture and shall not be compensated for separately. The device shall be calibrated according to procedures described in the MnlDOT Bituminous Manual. Each course shall be uniformly compacted until there is no further evidence of consolidation and all roller marks are eliminated. When this method is employed, and the quantity of mixture placed by the paver exceeds 100 metric tons [110 tons] per hour, at least two rollers are required for compacting the mixture placed by each paver. C1 Rollers The following requirements for rollers apply only when compaction is obtained by the ordinary compaction method. Page 41 of 48 2360/2350 Combined Specification December 1, 2004 C2 Steel-Wheeled Rollers Steel-wheeled rollers shall be self-propelled and has a minimum total mass of7.3 metric tons [8 tons], or as otherwise specified in the Contract. When vibratory rollers are used, they shall produce 45 kN per meter [3,085 lbf per foot] of width. The frequency should be at least 2400 vpm and amplitude setting low. The roller shall be capable of reversing without backlash and shall be equipped \vith spray attachments for moistening all rollers on both sets of wheels. C3 Pneumatic-Tired Rollers The pneumatic-tired roller shall have a compacting width of 1.5 m [5 feet] or more. It shall be so constructed that the gross wheel load force shall be a minimum of 13 kN [3,000 pounds] per wheel for LV and MV mixtures and SP Level 2-3 mixtures and 22 b"J [5,000 pounds] per wheel for SP Level 4-6 mixtures and can be varied as directed by the Engineer. The tire arrangement shall be such that full compaction will be obtained over the full width with each pass of the roller. The roller may be self propelled or provided with suitable tractive equipment, unless otherwise specified in the Contract. If more than one roller is propelled by a single tractive unit, then that combination will be counted as a single roller unit. C4 Trench Rollers Trench rollers shall be self propelled and have a mass of not less than 4 400 kg per meter [2,960 pounds per foot] of width. C5 Mixture Temperature Controls If compaction is obtained by the ordinary compaction method, the minimum laydowll temperature in all courses (as measured behind the paver or spreading machine) of the asphalt mixture shall be in accordance with the temperature requirements of Table 2360.6-C5. Unless directed by the Engineer in wTiting, no paving is allowed under the Ordinary Compaction Method when the air temperature is below OOC [320F]. 1 lxture emperature ontro Air Compacted Mat Thickness, mm (A) Temperature oC [OF] 25 rom [1 inch] 40 rom [1-112 inch] 50 rom [2 inch] >75 rom [3 inch] +0-5 [32-40] -- 129 ("! [265] 124 [255] 121 [250] + 6-10 [41-50] 130 (tl) [270] 127 [260] 121 [250] 118 [245] + 11-15 [51-60] 127 (tl) [260] 124 [255] 118 [245] 115 [240] + 16-21 [61-70] 121 (il) [250] 118 [245] 115 [240] 113 [235] + 22-27 [71-80] 118 [245] 115 [240] 113 [235] 113 [235] + 28-32 [81-90] 113 [235] 110 [230] 110 [230] 110 [230] + 33 [91+] 110 [230] 110 [230] 110 [230] 107 [225] Table 2360.6-C5 M' T C (A) Based on approved or specified compacted lift thickness. (B) A minimum of one pneumatic-tire roller shall be used for intermediate rolling unless otherwise directed by the Engineer. The Engineer may specify or modify in writing (with concurrence from the Department Bituminous Engineer) a minimum laydowll temperature. Page 42 of 48 2360/2350 Combined Specification December 1,2004 2360.7 THICK.t~ESS AI~D SURFACE SMOOTHL~ESS REQUIREMENTS A Thickness After compaction the thickness of each lift shall be within a tolerance of 6 rom [1/4 inch] of the thickness shown in the Plans, except that, if automatic grade controls are used, this thickness requirement \vill not apply to the first lift placed. This thickness requirement will not apply to a leveling lift whether or not automatic grade controls are required. The Engineer may require removal and replacement, at the Contractor's expense, of any part of any lift that is constructed to less than the minimum required thickness. Cores taken for density determination shall be measured for thickness also. Each core shall be measured 3 times for thickness prior to sawing. Report the average of these three measurements. Each lot's average core thickness shall be documented and submitted to the Engineer. If the average of the two Contractor cores exceed the specified tolerance, an additional two cores may be taken in the lot in question. The average of all core thickness measurements per day per lift will be used to determine daily compliance with thickness specifications. On that portion of any lift constructed to more than the maximum permissible thickness, the materials used in the excess mixture above that required to construct that portion of the lift to the Plan thickness plus 6 rom [1/4 inch] may be excluded from the pay quantities and at the discretion of the Engineer and at the Contractor's expense may be required to be removed and replaced. B Surface Requirements After compaction, the finished surface of each lift shall be reasonably free of segregated, open and tom sections, and shall be smooth and true to the grade and cross section shO\vTI on the Plans with the following tolerances: (1) Where a leveling lift is specified, it shall be constructed to within a tolerance of 15 rom [1/2 inch] of the elevations and grades established by the Engineer. This requirement shall also apply to the first lift placed other than leveling when automatic controls are used. (2) The surface of the final two lifts placed shall show no variation greater than 6 rom [1/4 inch] from the edge of a 3 m [10 foot] straightedge laid parallel to or at right angles to the centerline. Shoulder surfacing and surfacing on temporary connections and bypasses shall show no variations greater than 6 rom [1/4 inch] from the edge of a 3 m [10 foot] straightedge laid parallel to the centerline. . (3) After final compaction, all final lift asphalt wearing surfaces adjacent to concrete pavements shall be slightly higher (but not to exceed 6 rom [1/4 inch] than the concrete surface. After final compaction, all asphalt surfaces adjacent to gutters, manholes, pavement headers, or other fixed structures shall be slightly higher (but not to exceed 6 rom [1/4 inch] than the surface of the structure. (4) Transverse joints (construction joints), at the beginning and end of a project, at paving exceptions, or caused by suspension of daily paving operations, shall show no variation greater than 6 rom [114 inch] from the edge ofa 3 m [10 foot] straightedge centered longitudinally across the transverse joint. The Engineer may require correction by diamond grinding when material is placed outside the above described limitations. (5) The transverse slope of the surface of each lift, exclusive of the shoulder wearing lift, shall not vary from the slope shown in the Plans by more than 0.4 percent. Page 43 of 48 2360/2350 Combined Specification December 1, 2004 (6) The distance between the edge of each lift and the established centerline shall be no less than the Plan distance nor more than 75 rom [3 inches] greater than the Plan distance. In addition, the edge alignment of the wearing lift on tangent sections and on curve sections of3 degrees or less shall not deviate from the established alignment by more than 25 rom [1 inch] in any 7.5 m [25 foot] section. (7) The fInished surface of each lift shall be reasonably free of segregated and open and tom sections. Any material placed outside the above described limitations shall be removed and replaced after being cut or sawed at no expense to the Department Owner or with the approval of the Engineer, allowed to remain inplace at a reduced cost calculated at $12 per square meter [SlO per square yard]. C Pavement Smoothness C1 General Pavement smoothness will be evaluated on the fInal mainline pavement surface using a California type profilograph or Inertial Profiler (IP) with a 5 rom [0.2 inch] blanking band. Unless otherwise authorized by the Engineer, all smoothness testing shall be performed in the presence of the Engineer. The Engineer and the Contractor shall mutually agree upon scheduling of smoothness testing so that testing can be observed. Any testing performed without the Engineer's presence, unless otherwise authorized, may be ordered retested at the Contractors expense. The following table shows pavement surfaces, which are excluded from profilograph testing, but subject to Section 2360.7B surface requirements. ro 1 ograpl es mg xc USlOns Pavement Surfaces Excluded From Profilograph Testing Ramps, Loops, Climbing Lanes Side Streets, Side Connections Turn Lanes, Storage Lanes, Crossovers, Bypass Lanes Shoulders Acceleration, Deceleration Lanes Intersections constructed under traffic - Begin and end the exclusion 30.5 m [100 feet] from the intersection radius Sections less than 15.24 m [50 feet] in length Projects less than 300 m [1000 feet] in length Mainline paving where the normally posted regulatory speed is less than or equal to 70 kmIhr [45 miles per hour] -- Begin the exclusion at the sign Single lift overlays over concrete. Horizontal Curves \vith a radius less than 289.6 m [950 feet]. Horizontal Curves with a degree of curvature greater than or equal to 60. Vertical Curves - Absolute value of grade change is 2 % or more and curve length is 91.4 m [300 feet] or less. Vertical Curves - Absolute value of grade change is 3 % or more and curve length is 121.9 m [400 feet] or less. Vertical Curves - Absolute value of grade change is 4 % or more and curve length is 182.8 m [600 feet] or less. Vertical Curves - Absolute value of grade change is 8 % or more and curve length is 213.4 m [700 feet] or less. Note: Begin and end the exclusion at the PC (PVC) and PT (PVT), respectively Table 2360.7-C1 P fiI hT f E I CIA Smoothness Requirements Pavement smoothness requirements will be evaluated by Table 2360.7-C6A, 2360.7-C6B, or 2360.7-C6C. The pavement smoothness table will be identified in the Special Provisions of the proposal. Page 44 of 48 2360/2350 Combined Specification December 1, 2004 C2 Measurement Smoothness will be measured with a 7.62 m [25 foot] California type profilograph or an Inertial Profiler (IP), which produces a profilogram (profile trace of the surface tested). Either type of device must be certified according to the procedure on file in the Bituminous Office. One pass will be made in each lane, 2.74 m [9 feet] from centerline. The profilograph or IP shall be in the direction the traffic will be moving. Each lane will be tested and evaluated separately. The Engineer will determine the length in kilometers [miles] for each mainline traffic lane. The profilograph will be operated at a speed no greater than a normal walk, no greater than 6 kmlhr [4 miles per hour]. Motive power may be provided manually or by the use of a propulsion unit approved by the Engineer. The IP will be operated at the optimum speed as defined by the manufacturer. C3 Profilograph testing The Contractor will furnish a properly calibrated, documented, and certified 7.62 m [25 foot] California type profilograph or IP. The profilograph or IP shall be equipped with automatic data reduction capabilities unless otherwise authorized by the Engineer. Certification documentation shall be provided to the Engineer on the first day the profilograph or IP is used on the project. User selected profilograph or IP settings are on file in the Bituminous Office. The Contractor will furnish a competent operator, trained in the operation and evaluation of the 7.62 m [25 foot] California profilograph or IP. All objects and foreign material on the pavement surface \vill be removed by the Contractor prior to testing. The pavement surface will be divided into sections which represent continuous placement. A section will terminate or begin 15.24 m [50 feet] before or after a bridge approach panel, bridge surface, manhole or similar interruption. These 15.24 m [50 foot] sections, including the transverse joint, will be evaluated under Section 2360.7B, Surface Requirements. A day's work joint will be included in the trace with no special consideration. A section will be separated into segments of 0.1 km [0.1 mile). A segment will be in only one traffic lane. A profilogram will be made for each segment of 15.24 m [50 feet] or more. The profilogram will include the 7.62 m [25 foot] at the ends of the section only when the Contractor is responsible for the adjoining surface. End of run areas not included in the profilograph trace and any sections of pavement less than 15.24 m [50 feet] in length shall be checked longitudinally with a 3.028 m [10 foot] straight edge and the surface shall not deviate from a straight line by more than 6 mm in 3.028 m [114 inch in 10 feet). Transverse joints shall be evaluated by centering the straightedge longitudinally across the transverse joint. The profile trace and index for each segment of pavement must be furnished to the Engineer within 48 hours after each days run. Identification of all bumps and dips, with signature of the Operator shall be included with the submitted trace. The Contractor will submit a final evaluation generated from approved software, to the Engineer within five days after all mainline pavement placement. Software is available from the MnlDOT Bituminous Office at www.mrr.dot.state.mn.us/pavementlbituminouslbituminous.asp. The evaluation submitted shall be in tabular form, with each 0.1 km [0.1 mile] segment occupying a row. Each row shall include the beginning and ending station for the segment, the length of the segment, the profile index for the segment, the profile index incentive/disincentive in dollars for the segment, and the deductions for bumps in dollars for the segment. Each continuous run will occupy a separate table and each table will have a header that includes the following: the project number, the roadway number or designation, the specified ride table, a lane designation, the mix type of the final lift, the PG binder of the final lift, the date of the profilograph run, and the beginning and ending station of the continuous run. Each table will have a summary at the bottom that includes the following: a subtotal for the profile index incentive/disincentive, a subtotal for the bump deductions, and a total for incentive/disincentive for both profile index and bumps. The Contractor will be responsible for all traffic control associated with the smoothness testing. Page 45 of 48 2360/2350 Combined Specification December 1, 2004 Any portion of the project may be retested if the Engineer determines that the Contractor's test results are in question. Ifresults are found to be inaccurate, the Contractor will be charged at a rate of$155.34 per lane kIn [$250 per lane mile] that is retested, with a minimum charge of$500.00. If the results are found to be accurate, the Department Owner will be paying the Contractor at a rate of$155.34 per lane kIn [$250 per lane mile] that is retested, with a minimum charge of $500.00. C4 Profile Index The profilograph or IP shall be equipped with automatic data reduction capabilities for determining the profile index (PI) unless otherwise authorized by the Engineer. The profilograph trace will be evaluated for the profile index (PI) and bumps in accordance with California Method 526 on file with the Department Bituminous Engineer. The original trace shall be provided to the Engineer A profile index shall be calculated for each segment. If an IP is used the corresponding International Roughness Index (IRI) for each segment shall be submitted to the Bituminous Office Owner. The index will be determined by summing the vertical deviations outside either a 5 mm [0.2 inch] blanking band or outside a zero blanking band depending on the number oflifts in the construction. The units of this index are mm per kIn [inch per mile]. When there is a segment of76.2 m [250 feet] or less in length, the profilograph or IP measurements for that segment shall be added to and included in the evaluation of the adjacent section to that segment. Bumps and dips equal to or exceeding 10.2 mm in a 7.62 m [0.4 inch in a 25 foot] span shall be identified separately. When the profile trace shows a successive, uninterrupted bump, dip; or dip, bump combination (up to a maximum of 3 alternating trace deviations that relate to one bump or dip on the roadway), identify and evaluate these occurrences as one event. C5 Surface Correction All areas represented by deviations of 28 mm [1.1 inch] or more, as measured by the 7.62 m [25 foot] profilograph or IP, will be corrected by the Contractor. The Contractor may elect to correct pavement segments having no more than two events or two individual bumps or dips with a vertical deviation of 10.2 to 25 mm [0.4 to 1.0 inch] in a 7.62 m [25 foot] span. Correction of segments with more than two events or two individual bumps or dips, as defined above, will be allowed only when approved by the Engineer. The Contractor will be assessed a penalty for dips or bumps of 10.2 to 25 mm [0.4 to 1.0 inch] that are not corrected. Bumps and dips not corrected will also be included in the evaluation for the segment smoothness. Corrected dips or bumps will be considered satisfactory when the profilogram shows the dips or bumps are less than 10.2 mm in a 7.62 m [0.4 inch in a 25 foot] span. Bump, dip, and smoothness correction work shall be for the entire traffic lane width. Pavement cross slope shall be maintained through corrective areas. Corrective work shall be made by diamond grinding unless other methods are approved by the Engineer. Other methods may include; overlaying the area, or replacing the area by milling and inlaying. Any corrective actions by milling and inlay or overlay shall meet the specifications for ride quality over the entire length of the correction, including the first and last 15 m [50 feet]. Bumps or dips in excess of 10.2 mm [0.4 inches} at transverse joints at areas of corrective actions utilizing overlay or milling and inlay, shall be removed by diamond grinding. The Contractor shall notify the Engineer prior to commencement of the corrective action If the surface is corrected by overlay, inlay or replacement, the surface correction shall begin and end with a transverse saw cut. 1f the smoothness evaluation indicates that corrective work is necessary for more than 50% of a segment, surface correction will be limited to mill and inlay (40 mm [11/2 inch] min). All corrective work shall be subject to the approval of the Engineer. After all required correction work is completed, a final profile index shall be determined. Corrective work and re-evaluation will be at the Contractor's expense. Page 46 of 48 2360/2350 Combined Specification December 1, 2004 C6 Payment The cost of certified smoothness testing and associated traffic control will be incidental to the cost of the Wear Course Mixture. The Contractor may receive an incentive payment or be assessed a penalty based on the number of segments and the initial profile index. The total ride incentive shall not exceed 10% of the total mix price for pavement smoothness evaluated under Table 2360.7-C6A, 5% of the total mix price for pavement smoothness evaluated under Table 2360.7-C6B, or 5% of the total mix price for pavement smoothness evaluated under Table 2360.7-C6C. The maximum allowable net incentive (total incentive minus disincentive) payment shall be calculated by multiplying the total tons paved by the mixture price by the appropriate incentive cap. Pay adjustments for incentives will only be based on the initial Profile Index before any corrective work has been performed. Pavement that contains corrective action for profile or bumps is not eligible for incentive pay. These payments or assessments will be based on the following schedules. The Contractor will not receive a net incentive payment for ride if more than 25% of all density lots for the project fail to meet minimum density requirements. For each traffic lane, a penalty will be assessed for each bump or dip of 10.2 to 25 rom [0.4 to 1.0 inch] that is not corrected. Penalties, based on the table the profile index is evaluated under, are as follows: Table 2360.7-C6A: $900 Table 2360.7-C6B: $675 Table 2360.7-C6C: $450 Bumps or dips resulting from a construction joint will be assessed a $900 penalty, regardless of the table used for evaluation of pavement smoothness. The Engineer may, at his discretion, assess a penalty in lieu of requiring the Contractor to take corrective action when the profile index for a segment indicates corrective action is necessary. Penalties, based on the table the profile index is evaluated under, are as follows: Table 2360.7-C6A: Table 2360.7-C6B: Table 2360.7-C6C: $560 per 0.1 km [$900 per 0.1 mile] $420 per 0.1 km [$675 per 0.1 mile] $280 per 0.1 km [$450 per 0.1 mile] .,., mm per km [Inches per mile] Dollars per Segment Dollars per Segment per 0.1 km segment [per 0.1 mile segment] (Metric) [English] 0- 13.4 [0.0 - 0.8] 210 [335] 13.5 - 25.3 [0.9 - 1.6] 145 [225] 25.4 - 38.7 [1. 7 - 2.4] 80 [115] 38.8 - 78.9 [2.5 - 5.0] 0 [0] 79.0 - 92.3 [5.1 - 5.8] (80) [(115)] 92.4 - 105.7 [5.9 - 6.7] (145) [(225)] 105.8-118.3 [6.8 - 7.5] (210) [(335)] Over 118.3 [Over 7.5] Corrective Action Corrective Action Table 2360.7-C6A * Initial Profile Index for 5mm [0 2 inch] blankinG band * Typically, 3-lift minimum construction Page 47 of 48 2360/2350 Combined Specification December 1, 2004 m la ro 1 e n ex or :lmm InC an ng an rom per Ian [Inches per mile] Dollars per Segment Dollars per Segment per 0.1 km segment [per 0.1 mile segment] (Metric) [English] 0- 15.8 [0.0 - 1.0] 145 [225] 15.9 - 31.6 [1.1 - 2.0] 100 [150] 31.7 - 47.3 [2.1 - 3.0] 55 [75] 47.4 - 110.5 [3.1 - 7.0] 0 [0] 110.6 - 126.3 [7.1 - 8.0] (55) [(75) ] 126.4 - 142.0 [8.1 - 9.0] (100) [(150) ] 142.1 - 157.8 [9.1- 10.0] (145) [(225) ] Over 157.8 [Over 10.0] Corrective Action Corrective Action Table 2360.7-C6B * I 'f I P fiI I d f [0 2' h] bl ki b d * Typically, 2-lift construction rom per Ian [Inches per mile] Dollars per Segment Dollars per Segment per 0.1 km segment [per 0.1 mile segment] (l\'Ietric) [English] 0-31.6 [0.0 - 2.0] . 95 [150] 31.7 - 47.4 [2.1 - 3.0] 65 [100] 47.5 - 79.0 [3.1 - 5.0] 35 [50] 79.1 - 158.0 [5.1 - 10.0] 0 [0] 158.1 - 189.6 [10.1 - 12.0] (35) [ (50) ] 189.7 - 221.2 [12.1 - 14.0] (65) [ (100) ] 221.3 - 252.8 [14.1-16.0] (95) [ (150)] Over (252.8) [Over 16.0] Corrective Action Corrective Action Table 2360.7-C6C * Initial Profile Index for 5mm [0 2 inch] blankinu band * Typically, single lift construction 2360.8 METHOD OF MEASUREMENT A Asphalt Mixture Asphalt mixture of each type will be measured separately by mass, based on the total quantity of material hauled from the mixing plant, with no deductions being made for the asphalt materials. B Blank C Asphalt Mixtures Measured by the Square Meter [Square Yard] per Specified (mm [inch]) and for Mixtures Measured by the [Square Yard inch] Asphalt mixture of each type and for each specific lift will be measured separately by area and by thickness on the basis of actual final dimensions placed. The constructed thickness shall meet tolerances set forth in Sections 2360.7 A. Page 48 of 48 SECTION 02770 CONCRETE CURB AND GUTTER PART 1 - GENERAL 1.01 SECTION INCLUDES A. Construction of cast-in-place concrete curbs, and concrete curb and gutter. 1.02 RELATED SECTIONS A. Section 02720 - Aggregate Base Course. B. Section 02741 - Plant Mixed Asphalt Pavement. C. Section 02775 - Concrete Walks and Driveways. 1.03 REFERENCES A. American Society of Testing Materials (ASTM): 1. C260 - Air-Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 - Portland Cement. 4. 3702 - Preformed Joint Fillers. 5. 3754 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit design mix for each concrete mix designation used. 1.05 SEQUENCING AND SCHEDULING A. Concrete curb and gutter construction precedes installation of pavement. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-1 CONCRETE CURB AND GUTTER PART 2 - PRODUCTS 2.01 MATERIALS: A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein: 1. Portland Cement: Conform to MnDOT Spec. 3101: a. Type 3 air-entraining concrete produced by using Type IA Air- Entraining Portland Cement. 2. Air-Entraining Admixtures: a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures m the field without approval from Engineer. 3. Mix Designation and Classification for Concrete Curb and Gutter: a. Manual Placement Mix No. 3A32C. b. Slip Form Placement Mix No. 3A22C. B. Pre-Formed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: ConfoIID to MnDOT Spec. 3754: 1. Curing compound shall contain a fugitive dye. PART 3 - EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Constmct concrete curb and gutter at the locations indicated on the Drawings. C. Construct the style or type of curb and gutter as exists in the given street section. D. Construct curb transitions for driveways as directed by Engineer. Locations to be verified by Engineer at the time of construction. E. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. 000034-05168-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02770-2 CONCRETE CURB AND GUTTER F. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. 3 .02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base: 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 02720 - Aggregate Base Course. 3.03 FORMS A. Conform to MnDOT Spec. 2531.3B. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3C, except as modified herein: 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. 3.05 METAL REINFORCEMENT A. Confornl to MnDOT Spec. 2531.3D, except as modified herein: 1. vVhere required, install two (2) #4 steel reinforcing rods in lower portion of the curb section with a minimum of2 inches coverage on all sides. 3.06 PLACING 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 have a brush finish at right angles to the curb line. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G2 (Membrane Curing Method), except as modified herein: 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane-curing compound must be applied in 2 different directions perpendicular to each other. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-3 CONCRETE CURB AND GUTTER 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing when temperatures fall below 400 during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3G 1 blanket curing method or method approved by the Engineer. 5. The freshly finished surface shall be protected. Removal and replacement of any curb section damaged by traffic, rain, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 BACKFILLING A. Conform to MnDOT Spec. 2531.3J, except as modified herein: 1. Initial Backfilling: a. Follow the 72 hour curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Curb damaged during backfilling is the responsibility of the Contractor. 3.09 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531.3K, except as modified herein: 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 foot straight edge, will be considered unacceptable. 2. Acceptance of work by price reduction will not be allowed. 3.10 MEASUREMENT AL'ID PAYMENT A. Bid Items have been provided for Concrete Curb and Gutter. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line for each type. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. B. No separate measurement or payment for modifications at curb ramps, transition sections, or B618 curb installed at catch basins and radii. C. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02770-4 CONCRETE CURB AND GUTTER SECTION 02775 CONCRETE WALKS AND DRIVEWAYS PART I-GENERAL 1.01 SECTION INCLUDES A. Cast-in-place concrete walkways and driveways. 1.02 RELATED SECTIONS A. Section 02318 - Sub grade Preparation. B. Section 02720 - Aggregate Base Course. C. Section 02770 - Concrete Curb and Gutter. D. Section 02740 - Plant Mixed Asphalt Pavement. 1.03 REFERENCES A. American Society of Testing Materials (ASTM): 1. C260 - Air-Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Constmction," 2000 Edition (MnDOT Spec.): 1. 2211 - Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 - Walks. 4. 2531 - Concrete Curbing. 5. 3702 - Preformed Joint Filers. 6. 3754 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit design mix for each concrete mix used. 000034-05 I 68-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02775-1 CONCRETE WALKS AND DRIVEWAYS 1.05 SEQUENCING AND SCHEDULING A. Construction of the concrete driveway apron shall begin no sooner than 24 hours after placement of the adjacent concrete curb and gutter with completion within 5 days of curb placement. PART 2 - PRODUCTS 2.0 1 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein: 1. Portland Cement: Conform to MnDOT Spec. 3101: a. Type 3 air-entraining concrete produced by using Type IA Air- Entraining Portland Cement. 2. Air-Entraining Admixtures: conform to MnDOT Spec. 3113: a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification: a. Manual Placement Mix No. 3Y32C. b. Slip Form Placement Mix No. 3Y22C. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754. D. Sub-Grade Base Material: 1. Select Granular Material: Conform to Section 02315 - Excavation and Fill. 2. Aggregated Base: Conforming to Section 02720 - Aggregate Base Course. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02775-2 CONCRETE WALKS AND DRlVEW A YS PART 3 - EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Construct concrete walkway and driveway at locations indicated on the Drawings. C. Construct walkways to conform to the existing section. D. Construct concrete driveway aprons to conform to the Drawings. E. Verify locations with Engineer in the field prior to construction. F. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. G. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 02720 - Aggregate Base Course or Section 02318 - Subgrade Preparation. Compaction of sub grade base shall conform to MnDOT Spec. 2211.3C1. B. The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORlV1S A. Conform to MnDOT Spec. 2521.3B. 3.04 JOINT CONSTRUCTION A. Confornl to MnDOT Spec. 2521.3C2, except as modified herein: 1. Match joints of adj acent concrete work. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3D. 000034-05168-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02775-3 CONCRETE WALKS AND DRlVEW A YS 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.3C 1 and 2531.3F for slip form or 2531.3K for manual placement, except as modified herein: 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 foot straight edge, will be considered unacceptable. 2. Any surface area allowing the entrapment of water at a depth 1/8 inch or greater will be considered unacceptable. 3. Unacceptable work shall be removed and replaced with acceptable work as directed by the Engineer. Acceptance of work by price reduction will not be allowed. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.3C3 and 2521.3C3b (Membrane Curing Method), except as modified herein: 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane-curing compound must contain a fugitive dye and be applied at 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing, when temperatures fall below 400 F. during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.3C3a blanket curing method, or method approved by the Engineer. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any concrete section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 000034-05168-0 <1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02775-4 CONCRETE WALKS AND DRIVEWAYS 3.08 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.3C, except as modified herein: 1. High early concrete shall be designed to provide a maxImum water/cementitous ratio of 0040. 2. High early concrete shall be designed to provide a mmImum flexural strength of 500 psi and a minimum compressive strength of 3000 psi in 48 hours. 3. High early concrete may be included as a separate pay item or as an Engineer ordered material. In absence of a separate pay item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20 percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. 3.09 BACKFILLING A. Conform to MnDOT Spec.2521.3E, except as modified herein: 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. 3.10 MEASUREMENT AND PAYMENT A Bid Item for 4 Inch Concrete Walk has been included m the Bid Form. Measurement shall be on the basis of in-place square foot: 1. Payment of the Bid Item shall include the following: a. Concrete materials. b. Subgrade and base preparation. c. Additional aggregate base material. d. Placement of materials. e. Finishing. f. Curing and protection. g. Reinforcement. h. Backfilling. 000034-05168-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02775-5 CONCRETE WALKS AND DRNEWAYS 2. Excavation for concrete sidewalk will be considered incidental. 3. Salvaged aggregate base is to be used beneath concrete sidewalk. Additional material required shall conform to Section 02720 - Aggregate Base Course and will be considered incidental to the Bid Item for 4 Inch Concrete Walk. B. A Bid Item for 6 Inch Thick Concrete Driveway Apron has been included in the Bid Form. Measurement shall be on the basis of in-place square yard: 1. Payment of the Bid Item shall include the following: a. Concrete materials. b. Sub grade and base preparation. c. Placement of materials. d. Finishing. e. Curing and protection. f. Reinforcement (keyway substitution). g. Backfilling. 2. Excavation for concrete driveway will be considered incidental. 3. Salvaged aggregate base is to be used beneath concrete driveway. Additional material required shall conform to Section 02720 - Aggregate Base Course and will be considered incidental to the Bid Item for 6 Inch Concrete Driveway Pavement. C. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05 I 68-0 <1d 2005 Bonestroo, Rosene, AnderIik & Associates, Inc. 02775-6 CONCRETE WALKS AND DRlVEW A YS SECTION 02920 LAWNS AND GRASSES PART 1 - GENERAL 1.01 SECTION INCLUDES A. Restoration of construction area by installation oftopsoil, sod, and soil amendments. 1.02 RELATED SECTIONS A. Section 02318 - Subgrade Preparation. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2575 - Turf Establishment. 2. 3877 - Topsoil Borrow. 3. 3878 - Sod. 4. 3881 - Commercial Fertilizer. 1.04 QUALITY ASSURANCE A. At the conclusion of the establishment period, which will be 1 year following initial installation, a final inspection of planting will be made to determine the conditions of areas specified for sod. All areas with insufficient plant establishment as determined by the Engineer will be noted. This material shall be re-supplied and placed in the next growing season at no additional cost to the Owner. PART 2 - PRODUCTS 2.01 MATERIALS A. Topsoil: Topsoil Borrow conforming to MnDOT Spec. 3877.2A. B. Soil Amendments: Conform to MnDOT Spec. 3881 and 3879. Fertilizer shall be complete fertilizer containing 8 percent nitrogen, 16 percent phosphoric acid, and 8 percent potash. C. Sod: Conform to MnDOT Spec. 3878. 000034-05168-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02920-1 LA WNS AND GRASSES PART 3 - EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for sod. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Project Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.3B. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C: 1. Apply fertilizer at a rate of 450 lbs. per acre (10 Ibs./l000 sq. ft.). 2. Where soil pH is lower than 5.5, apply ground limestone at 3 tons per acre (140 Ibs./l000 sq. ft.). 3.03 PLACING SOD A. Conform to MnDOT Spec. 2575.3J. 3.04 FIELD QUALITY CONTROL A. Maintain restored areas in accordance with MnDOT Spec. 2575.3L. B. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the work shall be restored over to the same requirements of the original work. C. Any sod that does not show definite growth and establishment 30 days after laying shall be replaced and established at the proper season by the Contractor at his expense. D. Watering of sodded areas shall be done for a period of 30 days from installation sufficient to ensure establishment of permanent vegetation. 000034-05168-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02920-2 LAWNS AND GRASSES 3.05 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Sodding. Measurement will be based upon units of square yards of sod installed complete in place as specified, including soil amendments; furnishing and installing sod; preparation of surface maintenance; and all incidental items associated with the work. The actual quantity installed multiplied by the appropriate Bid Unit Price will be considered payment in full for all work and costs of this Bid Item. B. A Bid Item has been provided for Topsoil Borrow. Measurement will be based upon units of Cubic Yards (Loose Volume) of topsoil installed complete in place as specified. Payment will include providing, hauling, placing, final grading, and all other work involved with installation of the topsoil. C. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05168-0. (Q 2005 Bonestroo, Rosene, AnderIik & Associates, Inc. 02920-3 LA WNS AND GRASSES This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By -----. ACEC National Society of Professional Engineers" Professional Engineers in Private Prat:tice CE A!.!:oHI!:;.\:-< COl'SClL U:" E."A~U.HI';C CLl:.ll'.\:"I:,' Atr.'~rk:.;n Sq~if!itDt C~yj( L"(fgir.uF' PROFESSIONAL ENGINEERS IN PRIV ATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS A1\IIERICAN COUNCIL OF ENGINEERING COMP A1'{IES A1\iIERICA1,{ SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America ~ KnOWI". dge for Creating ~ and Sustaining the BUilt Environmenf Construction Specifications Institute E,TCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for E,TCDC. All rights reserved. 00700 - 1 Copyright @2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-OO I) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 2 TABLE OF CONTENTS Pa2:e ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..............................................................................................................6 1.01 Defined Terms............... ................................................................................................................................... ........6 1.02 Terminology........................................................................................................................ ............................. ........8 ARTICLE 2 - PRELIM1NAR Y MATTERS...................... ...... ..... ......... ................................. .................... ...... ..... .................. ....9 2.01 Delivery of Bonds and Evidence of Insurance .........................................................................................................9 2.02 Copies of Documents ....................................................................................................................................... ........9 2.03 Commencement of Contract Times; Notice to Proceed ...........................................................................................9 2.04 Starting the ~v ork ................................................................................................................................................ .....9 2.05 Before Starting Construction...................................................................................................................... .............9 2.06 P reconstruction Conference..................................................... ................................................................................ 9 2.07 Initial Acceptance of Schedules ............. .... .... ........... .......... .................................. ... ........................... ................ .....9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, A.IvIENDING, REUSE....................................................................... 10 3.01 Intent............................................................................................................................ ..........................................10 3.02 Reference Standards............................................................................................................................. .................10 3.03- Reporting and Resolving Discrepancies ............................. .................................. ... .... ...... ........... .........................1 0 3.04 Amending and Supplementing Contract Documents ..............................................................................................11 3.05 Reuse of Documents ....................................... ...... ............... ................... ......... ......... ...... ........... .... ... ......................11 3.06 Electronic Data .............................................. ...... ..... .......... ................... ... ..................... ........... .... ....................... ..11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ................................................................................................11 4.01 A vailability of Lands ..............................................................................................................................................11 4.02 Subslllface and Physical Conditions .......... .... .................... ....................... ............ ... ..................... .........................12 4.03 Differing Subslllface or Physical Conditions.........................................................................................................12 4.04 Underg round Facilities........................................................................................................................... .............. .13 4.05 Reference Points..................................................................................................................................... .............. .13 4.06 Hazardous Environmental Condition at Site .........................................................................................................13 ARTICLE 5 - BONDS At"l"D INSURAt"l"CE .............................................................................................................................14 5.01 Peiformance, Payment, and Other Bonds..............................................................................................................14 5.02 Licensed Sureties and Insurers ..............................................................................................................................15 5.03 Certificates of Insurance ................ ................... ........ .......... .............................. ............... ..... ... ......... .....................15 5.04 Contractor's Liability Insurance ............ ..... ...... ... ..... .......... ................. ......... ..... .... ..... .......... .... ... ....... .... ...............15 5.05 Owner's Liability Insurance ............ ...... ........... ........ .......... ................. ..................... .... ........... ..... .........................16 5.06 Property Insurance .......................... ....... .............. ...... .......... ............... ............. ..... ... ................ .............. ......... ......16 5.07 Waiver of Rights ............................... ....... .... .......... .... .......... ................. ............. ........ ................ ....... ................ .... ..17 5.08 Receipt and Application of Insurance Proceeds ....................................................................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................................................17 5.10 Partial Utilization, Acknowledgment of Property Insurer .....................................................................................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ..........................................................................................................18 6.01 Supen!ision and Superintendence .... .......... ....... .............. .......... ........... ............. .......... ...... ................. ......... ......... ..18 6.02 Labor; Working Hours ................... ............ ....... .......... .... ... ......... ......... ............. ................ .................... ...... ..... ......18 6.03 Sen!ices, Materials, and Equipment. ........ ......... .......... ........ ................... ........ ............. .................. ..... ......... ...........18 6.04 Progress Schedule .... ..... ....... ............ ...... .............. ....... ............ ............. ..... ........ .... ............ ..... ......... ............ ...........18 6.05 Substitutes and "Or-Equals" .................................................................................................................................19 6.06 Concerning Subcontractors, Suppliers, and Others.. ......... ............... ........ ................ ........ ............ .............. ...........20 6.07 Patent Fees and Royalties ......................................................................................................................................21 6.08 Permits........................................................................................................................ ...........................................21 6.09 Laws and Regulations ............. ............. ................ ........................... .......... ................ .................... ........ ...... ......... ..21 6.10 Taxes........................................................................................................................... ...........................................22 6.11 Use of Site and Other Areas ...................................................................................................................................22 6.12 Record Documents ........... .......... ... ....... ............. ... ....... ............ .............. .... ..... ..... ... ... ............. ... .... .............. ...........22 6.13 Safety and Protection ... .............. ......... ................. ..... ......... ..... ............... ...................... .............. ............................22 6.14 Safety Representative...................................................................................................................... .......................23 6.15 Hazard Communication Programs. .................. ........ ..... .......................... ...... ........ ...... ....... .......... ............ .............23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 6.16 Emergencies ... ......... ............... ..... ....................... ............ .... ... ....... .......... .... ........... ..... ..... ................ ............. ....... ...23 6.17 Shop Drawings and Samples ..................................................................................................................................23 6.18 Continuing the Work ............. ........... ........ ......... .......... ..... .................................... ... ..... ........ ................ ............. .....24 6.19 Contractor's General Warranty and Guarantee ....................................................................................................24 6.20 Indemnification................................................................................................................... ...................................24 6.21 Delegation of Professional Design Sen1ices ..........................................................................................................25 ARTICLE 7 - OTHER WORK AT THE SITE .........................................................................................................................25 7.01 Related Work at Site .......... ..... ..... ........... ......... .......... ......... .................... .................... ............... ..... ... ................. ....25 7.02 Coordination.......................................................................................................................... ............................... .26 7.03 Legal Relationships...................................................................................................................... ......................... .26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ......................................................................................................................26 8.01 Communications to Contractor............................................................................................................................. .26 8.02 Replacement of Engineer. ........................ ...... .......... ...... ..... ....... ......... .............. ........... ........ .... ..... .... .... ....... ......... .26 8.03 Furnish Data................................................................................................................................. .........................26 8.04 Pay ~Vhen Due.................................................................................................................................... ................... .26 8.05 Lands and Easements; Reports and Tests ..............................................................................................................26 8.06 Insurance........................................................................................................................... .....................................26 8.07 Change Orders.................................................................................................................. .................................... .26 8.08 Inspections, Tests, and Approvals.. ......... .............. ............. .............. ...... .... ...... ........................ ......... ............. ........26 8.09 Limitations on Owner's Responsibilities............................................................................................................... .27 8.10 Undisclosed Hazardous Environmental Condition .......... .... ................ ..... ............ ........ .......... ........................ .... ...27 8.11 Evidence of Financial Arrangements .....................................................................................................................27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION.....................................................................................27 9.01 O,vner' s Representative........................................................................................................................ .................27 9.02 Visits to Site.................................................................................................................................. ..........................27 9.03 Project Representative..................................................................................................................... ..................... .27 9.04 Authorized Variations in Work............ ...... .... ...... ..... ... .... .... ...... .......... .......... ............. ......... .... .... ..... .................. ....27 9.05 Rejecting Defective Work.................................................................................................................................. .... .27 9.06 Shop Drawings, Change Orders and Payments .....................................................................................................28 9.07 Determinations for Unit Price Work ......... ............... ........... ................... ....... ................ .......... ........................... ....28 9.08 Decisions Oil Requirements of Contract Documents and Acceptability of Work ...................................................28 9.09 Limitations on Engineer's Authority and Responsibilities .....................................................................................28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ...........................................................................................................28 10.01 Authorized Changes in the Work............................................................................................................................28 10.02 Unauthorized Changes in the Work .......................................................................................................................29 10.03 Execution of Change Orders.. ................ ......... ......... .......... ....... ............ ...... .................. .......... ................. .......... ....29 10.04 Notification to Surety.............. ........ ............ .................... ........... ...... ...... ......................... ........ ........... ..... ..... ....... ...29 10.05 Claims........................................................................................................................... ........................................ .29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PR1CE WORK..................................................................30 11.01 Cost of the Work.............. ....... ........................... .......... ........ ...... ............. ....... ........ ..... ........... ......... .............. ..........30 11.02 Allowances. ..... ..... .......... ............ ......... ............. ......... ..... ...... ..................... ....................... .......... .......... ........ ..........31 11.03 Unit Price Work .....................................................................................................................................................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHA.1~GE OF CONTRACT TIMES .....................................................32 12.01 Change of Contract Price ............................................. ...... ....... .............. ...... .................. .......... .................... ........32 12.02 Change of Contract Times ......... .............. ........ .... .................... ............ ...... ...... .......... ...... ........... .......... ........ ..... ....33 12.03 Delays.......................................................................................................................... ..........................................33 ARTICLE 13 - TESTS Ai\TD INSPECT10NS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......33 13.01 Notice of Defects ............... ..... ......... ................ ............ ............ ............ ............. ........... ..... ....... ................. ........ ......33 13.02 Access to Work...... ......... ......... ... .... ...... ............ .... .......... ...... ........ ........ ...... .................. ........ ..... .... .... .... ............. ....33 13.03 Tests and Inspections ....... ..... ...... ..... ...... ... ......... ........ .... .... ...... .... ........ ....... ............... ..... ..... .............. ..... ..... ... .... ...33 13.04 Uncovering Work.. ....... ....... ........................................ ... .... ....... ............... ..... ............. ..... ..... ...... .......... ............. .....34 13.05 Owner iV/ay Stop the Work .....................................................................................................................................34 13.06 Correction or Removal of Defective Work.............................................................................................................34 13.07 Correction Period.......................................................................................................................... ........................34 13.08 Acceptance of Defective Work............ .... ...................... ............ ............. ....... ................ ....... ....... ....................... ....35 13.09 Owner iV/ay Correct Defective Work......................................................................................................................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR A.1~D COMPLETION...............................................................................36 14.01 Schedule of Values.... .............. .................. ...... ........... ........ ....... ............................ ........ ....... ............. ............. ........36 14.02 Progress Payments..... ..... ....... ............. ............. .............. ........... ............. ............... ...... ................ .......... ........ ..... ....36 14.03 Contractor's Warranty of Title ............ ..... ... ......... ........... .... .... ........... ....... .......................... .......... .............. ...... ....37 14.04 Substan tial Completion.......................................................................................................................... ................37 EJ CDC C.700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 14.05 Partial U ti/i::.ation ...................................................................................................................................... ............38 14.06 Final Inspection........................................................................................................................ .............................38 14.07 Final Payment............................................................................................................................. ...........................38 14.08 Final Completion Delayed ............. .... ............ .... ........ ............ ...... ... ........ ...... .... ............ ...... ... ............ ....... ............ .39 14.09 Waive r of Claims............................................................................................................................. .......................39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION .........................................................................................39 15.01 Owner lvlay Suspend Work ............................. ..... ............. ...... ..... ... ............... ..................................... ....................39 15.02 Owner May Terminate for Cause... ................ .... ............................ .................. ........ ..... ..................... ................... .39 15.03 Owner May Terminate For Convenience... ..................... ....... ........... ..... .......... ........ ................ .......... ....... .............40 15.04 Contractor May Stop Work or Terminate ..............................................................................................................40 ARTICLE 16 - DISPUTE RESOLUTION ................................................................................................................................41 16.01 lvl et/zods and Procedures ................................................ .............. ............... ....................... ..... ..............................41 ARTICLE 17 - MISCELLANEOUS .........................................................................................................................................41 17.01 Giving Notice ... ....... ........................................ .... ............ ............... ... ..... ....... ...................... ................ ................. ..41 17.02 Computation of Times .................... .... ........................................... ......... ...... ............ ................ ................... ......... ..41 17.03 Cumulative Remedies ............................. .... ......... ...... .................... .... ..... ....... ........... ................................... ...........41 17.04 Survival of Obligations .. ................ ........................... ...... ............... ............... .............. ........ ................ ........ ...........41 17.05 Controlling Law...................................................................................................................................... ...............41 17 .06 Headings ............................................ ............. .............................. ............. ... .............. ........................ .... .............. .41 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 5 GENERAL CONDITIONS ARTICLE I - DEFINITIONS AND TERMINOLOGY 1.0 I Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specitically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. AddendanWritten or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. AgreementnThe written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for PaymentuThe form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. BiddernThe individual or entity who submits a Bid directly to Owner. 7. Bidding Requirements and the (including all Addenda). Documents-- The Bidding proposed Contract Documents 8. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid securitv of acceptable form, if any. and the Bid Form with any supplements. 9. Change OrdernA document recommended by Engineer which is signed by Conlractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. ClaimnA demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. COlltract--The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price--The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor--The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work-oSee Paragraph l1.01.A for definition. 17. Drmvingsn That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so detined. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated. it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 20. Field Orcler--A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste-- The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone--A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs--Polychlorinated biphenyls. 31. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress ScheduleuA schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project lvlanual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material--Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity u An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project RepresentativeuThe autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values--A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site--Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and sllch other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications-- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <1d 2002 National Society of Professional Engineers for E,TCDC. All rights reserved. 00700 - 7 administrative requirements and procedural matters applicable thereto. 44. SubcontractoruAn individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successjitl Bidderu The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditionsu That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier--A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities--AII underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price WorknWork to be paid for on the basis of unit prices. 51. Worku The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. buent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when word "Work," refers to Work that is faulty, or deficient in that it: modifying the unsatisfactory, a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test. or approval referred to in the Contract Documents, or 52. Work Change DirectivenA written statement to Contractor issued on or after the Effecti ve Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 8 c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Pelform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 DelivelY of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. PreliminGl}' Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <1d 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 9 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: A.NIENDING, REUSE INTENT, 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards. specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Pelformance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provIsIon of any such standard. specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJ CDC. All rights reserved. 00700 - 10 (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending Documents and Supplementing Contract A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's clarification. written interpretation or 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files 'vvill be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or olherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long t(frm compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 A V AILABILITY SUBSURFACE AND PHYSICAL HAZARDOUS ENVIRONMENT AL REFERENCE POINTS OF LANDS; CONDITIONS; CONDITIONS; 4.01 A vailability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 11 4.02 SubsUlface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opmlOns, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subswface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or tirr.c required for, performance of the Work; subject, however, to the following: a. such condition must meet anyone or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <1d 2002 National Society of Professional Engineers for EJCnc. All rights resened. 00700 - 12 c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underg round Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 13 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions uncter which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 1. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS Ai'\fD INSURANCE 5.01 Pel!ormance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 14 A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved, 00700 . 15 in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual covering Contractor's indemnity Paragraphs 6.11 and 6.20; liability insurance obligations under 5. contain a provIsIon or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been gi ven to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the S upple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereot) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents. consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for E.JCDC. All rights reserved. 00700 - 17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgmellt of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved, 00700 - 18 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05 .A.I, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.I, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar III substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and 1) there will be no increase in cost to the Owner or increase in Contract Times, and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. " 19 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all vanatlons of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement servIces; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equaL" Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. Documents (or in the provIsIons of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute. Contractor shall also reimburse Owner for the Engineer to payor to see to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 20 or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the'Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer" and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC, All rights reserved. 00700 - 21 6.10 Taxes A Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Pelformance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 22 ings or Specifications or to the acts or omiSSIons of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17 .D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified In the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17 .D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample Drawings and Samples requirements of the Work Documents. with other Shop and with the and the Contract 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC, All rights reserved, 00700 - 23 a. Submit number of copIes specified In the General Requirements. A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A. Contractor shall carryon the Work and adhere limited to all fees and charges of engineers, architects, Progress Schedule during all disputes or attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17 .C.I. E. Resubmiual Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work to the disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: I. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. . 6.20 lndemn ification arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itselt), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design SenJices A Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 25 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A Paragraphs 7.0 LA and 7.02 are not applicable for utilities not under the control of Ow"ner. B. Each other direct contract of Owner under Paragraph 7.0 LA shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A Except as otherwise provided in these General Conditions. Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, TeSTS, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Condition Hazardous Environnlental A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work, 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9,04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 1O.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved, 00700 . 28 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase 10 the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carryon the Work and adhere to the Progress Schedule as provided in Paragraph 6.18,A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 1O.05.C or denial pursuant to Paragraphs IO.05.C.3 or 1O.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC, All rights reserved. 00700 . 29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 COST OF THE WORK; ALLOW ANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.0 I.B. I. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Wark, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.D), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 30 resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 1 1.0 1. A. 1 or specifically covered by Paragraph I1.01.A.4, all of which are to be considered administrati ve costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 I.A and 11.0 I.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work C. Contractor's Fee: When all the Work is times the estimated quantity of each item as indicated in performed on the basis of cost-plus, Contractor's fee shall the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 31 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 LA and 11.0 I.B. B. The estimated quantItIes of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Ovmer believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHAi'\fGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily 10 accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs II.OI.A.I and 11.01.A2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs II.OI.A.I and lI.OI.A2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A5, and 11.0 I.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in anyone change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC, All rights reserved. 00700 - 32 by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 13 TESTS Ai'\!D INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: I. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection \vith tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereot) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Prol"essional Engineers for EJCDC. All rights resen-ed. be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defecti ve, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner klay Stop the 'Work A. If the Work is defecti ve, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, unti I the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not gi ve rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work. whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others) . B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C- 700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJ CDC. All rights reserved, 00700 - 34 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner ivlay Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defecti ve Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.0 I Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 35 payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the \Vork but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment. will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C- 700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36 a. the Work has progressed to the point indicat- ed; inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated In Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warrant)' of Tirle A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certiticate during which to make written objection to Engineer as to any provisions of the certiticate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) retlecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved, 00700 - 37 Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opmlOn of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of A. Upon written notice from Contractor that the the Work during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJ CDC. All rights reserved, 00700 - 38 under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and, will be paid by Owner to Contractor. 14.08 Final Completion Delayed A If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner l'vfay Terminate for Cause A. The occurrence of anyone or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph l5.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance EJCDC C-700 Standard General Conditions of the Construction Contract, Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 39 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner /Y!ay Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 /YIethods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for E.JCDC. All rights reserved. 00700 - 40 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph IO.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph IO.05.C or a denial pursuant to Paragraphs IO.05.C.3 or 1O.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in wntlOg to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLAi'\fEOUS 17.01 Giving Notice A. Whenever any proVision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the gi ver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17 .04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright@2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 41 COUNCIL r!A1.i;Ul-G:-{cJ ;;( ~ Request for Action Originating Department Approved for Agenda Agenda Section Public Works August 14, 2006 Consent Item No. By: Guy Johnson By: 6.7 Resolution accepting the 2005 backyard drainage project and approving the final payment request (improvement project no. 781) Requested Action Staff recommends that Council approve a resolution to accept the 2005 backyard drainage project 781 and authorize the final payment to Jay Bros, Inc" in the amount of $2,779,25. Policy/Past Practice The backyard drainage program was created to address drainage issues brought to the city's attention by residents. Potential projects are reviewed by staff and assigned a priority ranking, This priority ranking allows staff to limit the scope of any year's project based on available funding. Background The 2005 backyard drainage project involved improvements at 7712 53rd Avenue, 4095 Cavell Avenue, and 3817 Hillsboro A venue. Because it was not possible to alleviate the impact of heavy rain events with grade corrections by the property owners, the installation of storm water structures in the rear yards was required, At all three sites the improvements decreased the impact of heavy rain events to the residents. At the August 8,2005, Council meeting, plans and specifications were approved and Council authorized advertising for bids. On September 12, 2005, the Council approved a contract with Jay Bros. Inc" for the 2005 backyard drainage project. To: I JL .-/-">Y '" .. J .,~ ....j! ..~?/. ,.lJ/ ,I _,.J...:' .I /L- LIt i:" 441 Ail ~ II - / / ~~ Second by Motion by I:\RFA \ PUBWORKS\ 2006\ 781 Backyard Drainage FinaLdoc Request for Action August 14, 2006 Page 2 Funding The amount of the original contract was $60,346.05. All work has been satisfactorily completed, The final value of the work is $55,585.10, Funding for the 2005 backyard drainage project is from the storm water operating budget. Attachments Attached are copies of the resolution, the engineer's memorandum recommending the acceptance of the project, and the final pay request. I: \ RF A \ PUBWORKS \ 2006 \ 781 Backyard Drainage Final.doc City of New Hope Resolution No. 06- 115 Resolution to accept the 2005 backyard drainage project and to approve the final payment request (improvement project no. 781) WHEREAS, the city has entered into a contract with Jay Bros, Inc., for the 2005 backyard drainage project; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 781 and approve final payment to Jay Bros, Inc" in the amount of $2,779,25; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Jay Bros. Inc. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the 2005 backyard drainage project from Jay Bros, Inc. 2. That the city manager is hereby directed to authorize the final payment of $2,779.25 to Jay Bros. Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 14th day of August, 2006. m~~ Mayor Attest: ~ bU)' ~fl1-L. , City Clerk r:RFA \Pubworks \2006 \ 781 Backyard Drainage Final Resolution AI (\ a Bonestroo e Rosene "1i\II Anderlik & 'tI \J. Associates Engineers & Architects 2335 West Highway 36 . St. Paul, MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 www.bonestroo.com July 31,2006 Mr. Guy Johnson City of New Hope 5500 International Pkwy. New Hope, MN 55428 Re: 2005 Backyard Drainage Improvements, City Project No. 781 Request for Final Payment BRAA # 000034-05168-0 Dear Guy, Enclosed find the signed final pay request for the 2005 Backyard Drainage Improvements project and the corr'esponding IC-134 forms, All work on the project has been completed. The contract amount is for $60,346.05. Final payment is for $2,779,25, bringing the total cost to $55,585..10 or $4,760.95 (7,9%) under budget The savings are largely due to a reduced amount of restoration required. The contractor was able to complete the work while minimizing disturbance to surface features such as bituminous pavement and existing turf We recommend final payment be approved in the amount of$2,779,25. Please feel free to contact me at 651-604-4938 if you have any questions. Yours truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES ~~ Jason Quisberg Enclosures · St. Paul, St. Cloud, Rochester, MN · Milwaukee, WI. Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned . ~ , Bonestroo R Rosene .... 1\1 Anderlik & . ,~, Associates Engineers & Architects Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: July 27,2006 For Period: 6/15/2006 to 7/27/2006 Request No: 3 AND FINAL Contractor: Jay Bros., Inc., P. O. Box 700,9218 Lake Drive NE, Forest Lake, MN 55025 CONTRACTOR'S REQUEST FOR PAYMENT 2005 BACKYARD DRAINAGE IMPROVEMENTS BRA FILE NO. 000034-05168-0 CITY PROJECT NO. 781 SUMMARY Original Contract Amount $ 60,346.05 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 60,346.05 5 Value Completed to Date $ 55,585.10 6 Material on Hand $ 0.00 7 Amount Earned $ 55,585.10 8 Less Retainage 0% $ 0.00 9 Subtotal $ 55,585.10 10 Less Amount Paid Previously $ 52,805.85 11 Liquidated damages- $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 3 AND FINAL $ 2.779.25 Recommended for Approval by: BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC, ~~ (? \ \A9f1roved by Own~r .. ! OF NEW ~t>PE Ji(tJttL/ "7 , (i Specified Contract Completion Date: Date: J'- IV --0 ~ 340516BREQ3FINALxJs Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date PART 1 -7712 53RD AVE N: 1 MOBILIZATION LS 1 3000.00 1 $3,000.00 2 REMOVE CONCRETE CURB AND GUTTER LF 25 9.00 16 $144.00 3 SAWING BITUMINOUS PAVEMENT LF 80 4.00 56 $224.00 4 REMOVE BITUMINOUS PAVEMENT SY 60 5.00 12 $60.00 5 SAWING CONCRETE PAVEMENT LF 10 6.00 10 $60.00 6 REMOVE CONCRETE SIDEWALK SF 100 0.75 75 $56.25 7 SALVAGE AND REINSTALL CHAIN LINK FENCE LF 27 15.00 46 $690.00 8 CONNECT TO EXISTING CATCH BASIN OR MANHOLE EA 1 300.00 1 $300.00 9 12" PVC STORM SEWER, SDR 26 LF 39 32.75 39 $1,277.25 10 12" PVC STORM SEWER, SDR 35 LF 129 30.20 133 $4,016.60 11 4" PVC SDR 35 STORM SERVICE PIPE LF 4 4.00 4 $16.00 12 27" DIAMETER CATCH BASIN EA 2 775.00 2 $1,550.00 13 B618 CONCRETE CURB AND GUTTER LF 25 25.00 16 $400.00 14 BITUMINOUS PATCHING SY 60 30.00 12 $360.00 15 4" CONCRETE WALK SF 100 5.00 75 $375.00 16 TOPSOIL BORROW (LV) CY 50 10.00 6 $60.00 17 SODDING, LAWN TYPE SY 350 5.00 292 $1,460.00 TOTAL PART 1 - 7712 53RD AVE N: $14,049.10 PART 2 - 4095 CAVELL AVE N: 18 MOBILIZATION LS 1 3200.00 1 $3,200.00 19 CLEAR AND GRUB TREE 1 300.00 1 $300.00 20 REMOVE CONCRETE CURB AND GUTTER LF 135 8.00 136 $1,088.00 21 SAWING BITUMINOUS PAVEMENT LF 150 3.00 140 $420.00 22 REMOVE BITUMINOUS PAVEMENT SY 60 5.00 23 $115.00 23 CONNECT TO EXISTING CATCH BASIN OR MANHOLE EA 1 300.00 1 $300.00 24 12" RCP STORM SEWER LF 125 30.00 125 $3,750.00 25 12" PVC STORM SEWER, SDR 35 LF 80 30.20 80 $2,416.00 26 4" PVC SDR 35 STORM SERVICE PIPE LF 4 4.00 4 $16.00 27 2' X 3' CATCH BASIN EA 1 750.00 1 $750.00 28 27" DIAMETER CATCH BASIN EA 2 700.00 2 $1,400.00 29 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 135 26.00 136 $3,536.00 30 BITUMINOUS PATCHING SY 60 30.00 23 $690.00 31 TOPSOIL BORROW (LV) CY 30 10.00 $0.00 32 SODDING, LAWN TYPE SY 250 5.00 300 $1,500.00 TOTAL PART 2 - 4095 CAVELL AVE N: $19,481.00 PART 3 - 3817 HILLSBORO AVE N: 33 MOBILIZATION LS 1 3250.00 1 $3,250.00 34 REMOVE CONCRETE CURB AND GUTTER LF 120 7.00 115 $805.00 35 SAWING BITUMINOUS PAVEMENT LF 100 3.00 120 $360.00 36 REMOVE BITUMINOUS PAVEMENT SY 55 5.00 38 $190.00 37 SAWING CONCRETE PAVEMENT LF 10 4.00 10 $40.00 38 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 10 9.00 10 $90.00 39 SALVAGE AND REINSTALL WOODEN FENCE LF 40 25.00 40 $1,000.00 40 CONNECT TO EXISTING CATCH BASIN OR MANHOLE EA 1 300.00 1 $300.00 41 12" RCP STORM SEWER LF 103 30.00 103 $3,090.00 42 12" PVC STORM SEWER, SDR 35 LF 115 30.20 115 $3,473.00 43 4" PVC SDR 35 STORM SERVICE PIPE LF 12 6.00 12 $72.00 44 2' X 3' CATCH BASIN EA 2 750.00 2 $1,500.00 45 27" DIAMETER CATCH BASIN EA 2 700.00 2 $1,400.00 46 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 120 25.00 115 $2,875.00 47 BITUMINOUS PATCHING SY 55 30.00 38 $1,140.00 48 6" CONCRETE DRIVEWAY PAVEMENT SY 10 62.00 10 $620.00 49 TOPSOIL BORROW (LV) CY 40 10.00 $0.00 50 SODDING, LAWN TYPE SY 325 5.00 370 $ 1 ,850.00 TOTAL PART 3 3817 HILLSBORO AVE N: $22,055.00 TOTAL PART 1 - 7712 53RD AVE N: TOTAL PART 2 - 4095 CAVELL AVE N: TOTAL PART 3 - 3817 HILLSBORO AVE N: TOTAL WORK COMPLETED TO DATE $14,049.10 $19,481.00 $22,055.00 $55,585,10 3405168R:::Q3FIN.t.:..L.x!s PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 781 BRA FILE NO. 000034-05168-0 CONTRACTOR JAY BROS., INC. CHANGE ORDERS No, Date Description Amount Total Change Orders PAYMENT SUMMARY No, From To Payment Retainage Completed 1 12/01/2005 12/28/05 50,445.10 2,655.01 53,100.11 2 12/29/2005 06/14/06 2,360.75 2,779.26 55,585.11 3 AND FINAL 06/15/2006 07/27/06 2,779.25 55,585.10 Material on Hand Total Payment to Date $55,585.10 Original Contract $60,346.05 Retainaae Pay No 3 AND FINAL Chan(:je Orders Total Amount Earned $55,585.10 Revised Contract $60,346.05 3405168REQ3FIN"-L.xls Mailing Address: PO Box 700 Forest Lake, MN 55025 Jay Bros., Inc. General Contractors Shipping Address: 9218 Lake Drive NE Forest Lake, MN 55025 LETTER OF TRANSMITTAL To: BRAA, Ine. Jaon Quisberg 2335 West Highway 36 St. Paul, MN 55113 From: Josey Jay - josey.jay@jaybros.com Date Sent: March 10, 2006 Subject: 2005 Backyard Drainage ImplV Your File #: 34-05168-0 JBI #: .e5-59- {/ 5- ftp FOR YOUR llEVIEW: OURGENT o PLEASE REPLY Om DELIVERY.' WU.S. MAIL OHAND CARRIED OCOURlER o OVERNIGHT W PLEASE REVIEW We are sending you the following: Copies Description 1 Contractors Withholding Affidavit 1 Contractors Affidavit 6 Lien Waivers from Suppliers Signed: j05t!j.Jfly An Affirmative Action / Equal Opportunity Employer Who Values Diversity CONTRACTOR'S AFFIDAVIT State of Minnesota Date: March 10. 2006 The County of Anoka Ronald G. Orfei - Vice President (Officer's Name & Title) Of Jar Bros.. Inc. (Contractor's Name) Has furnished all labor and material entering into the Backyard Drainage project for the City of New Hope (Owner), Ronald G. Orfei States further that he has full knowledge of all obligations for such (Officer's Name) Labor and materials which have entered into and become part of that certain project known and designated above, and he further disposes and says that all debts and other obligations for such labor and materials have been fully and completely paid for in good and lawful money of the United States of America and that there are no suits for damages against them proceeding, prospective or othelWise, in consequence of their operations on the above said project. The said Jar Bros.. Inc. will hold the Owners, the City of New Hope, blameless for any and all Mechanic's Liens that may be hereafter entered or filed for record, so as to constitute charge against said premises for work or labor done or materials furnished by them, IN WITNESS WHEREOF, he has heretofore put his hand and seal. SEAL I, Michelle Fiedler , Notary Public in and for the above named County and State do hereby certify that Ronald G. Orfei personally known to me to be the affiant in the foregoing affidavit, personally appeared before me this day, and, having been dully sworn, deposes and say that the facts set forth in the above affidavit are true and correct. WITNESS my hand and seal this 1 () day of March , 2006. \/VYlG'6VivJLk CB~a/Ji7 9--/ My commission expire~ \nnUfh1..,l :3\, 2D:J C;; -! - - . I' I MICHEllE. M. FIEOUR Notary Public-State of Minnesota My Commission Expir6s January 31 , 2009 Page 1 of 1 UE Contractor's Withholding Affidavit Confirmation JA Y BROS iNC ID 6964'154 Please keep this information fO!" yoUI' records. Submit a copy of this page to the project owner to receive your final payment. Gale 113560 Fri Mar 10 13:20:54 CST 2006 CITY OFi\lEW HOPE 05-46 November 2005 December 2005 BACKYARD DRAINAGE. NE\N HOPE. rV1N No subcontractors listed. Confirrnation nU!TIber Subcontractors https://www.mndor.state.mn.us/wc/action/confirmationPrint 3/1 0/2006 .i~i General Contractors JAY BROS., INC. DATE: January 17, 2006 The undersigned hereby acknowledges receipt from Jay Bros" Inc, of the sum of: $1,918,93 One Thousand Nine Hundred Eighteen & 93/100 Dollars As Partial Payment for Labor, Skill & Material Furnished. As Payment for All Labor, Skill & Material Furnished or to be Furnished , (Except The Sum of Retainage or Holdback) xx As Full & Final Payment for All Labor, Skill & Material Fumished or to be Furnished to the Following Described Real Property Below: Project Name: New Hope Drainage Improvements Project Address: New Hope, MN JBI Project Number: 05-46 /" ~ / Invoice #: 384562,387406,392017 THESE INVOICES ONLY /' And for the value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material fumished to said real property (only for the amount paid if box 1 is checked, and except for retainage shown if box 2 is checked), The undersigned affirms that all material fumished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full EXCEPT: Note: If this instrument is Executed by a corporation, it must be signed by an Officer, and if executed by a Partnership, it must be Signed by a Partner. By: Title: Address: p.o. Box 700.9218 Lake Drive N.E. 0 Forest Lake, MN 55025 0 (651) 464-6400 0 Fax: (651) 464-1704 An l\ffirn-o"ti"o Il-f'ti"n 1=", ,::>, nnnnrtllnitv Fmnlnvp.r. . "l \i '6':;'0 \ t-..''\, l- J~'"'~\ .i~i General Contractors JAY BROS., INC. DATE: January 17, 2006 (')' ~..../ ( The undersigned hereby acknowledges receipt from Jay Bros., Inc, of the sum of: $582,77 L Five Hundred Eighty Two & 77/100 Dollars As Partial Payment for Labor, Skill & Material Furnished, As Payment for All Labor, Skill & Material Furnished or to be Furnished , (Except The Sum of Retainage or Holdback) xx As Full & Final Payment for All Labor, Skill & Material Furnished or to be Furnished to the Following Described Real Property Below: Project Name: New Hope Drainage Improvements Project Address: New Hope, MN JBI Project Number: 05-46 Invoice #: 6576 THESE INVOICES ONLY And for the value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if box 1 is checked, and except for retainage shown if box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full EXCEPT: Note: If this instrument is Executed by a corporation, it must be signed by an Officer, and if executed by a Partnership, it must be Signed by a Partner. Company: Cretex Concrete Products North By: ;::)1' 0;@,~ Title: tf>S'+ C'k1frr/&r Address: 0550 Ltledcl tl()Od Koad ;Jfaplt bruV'" 11!1/ 555/1 P.O, Box 700.9218 Lake Drive N,E,. Forest Lake, MN 55025. (651) 464-6400. Fax: (651) 464-1704 An Affirmative Action, Equal Opportunity Employer. .i~i General Contractors , 'l .:;; \ t\., J,. J'-" JAY BROS., INC. DATE: January 17, 2006 The undersigned hereby acknowledges receipt from Jay Bros" Inc, of the sum of: $2,077.68 Two Thousand Seventy Seven & 68/100 Dollars As Partial Payment for Labor, Skill & Material Fumished. As Payment for All Labor, Skill & Material Furnished or to be Furnished , (Except The Sum of Retainage or Holdback) xx As Full & Final Payment for All Labor, Skill & Material Furnished or to be Furnished to the Following Described Real Property Below: Project Name: New Hope Drainage Improvements Project Address: New Hope, MN JBI Project Number: 05-46 Invoice #: 1010629 THESE INVOICES ONLY And for the value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if box 1 is checked, and except for retainage shown if box 2 is checked), The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full EXCEPT: Note: If this instrument is Executed by a corporation, it must be signed by an Officer, and if executed by a Partnership, it must be Signed by a Partner. Company: Bill's Volvo Rents T::~ Address: 6931 LArc:e UIZ- !... /r...! c) iA(~t5.'S /'-1 AI S-S-o ( 4- P.O, Box 700.9218 Lake Drive N.E.. Forest Lake, MN 55025. (651) 464-6400. Fax: (651) 464-1704 An Affirmative Action, Equal Opportunity Employer. .i~i General Contractors JAY BROS., INC. \"" : '1 ' , \t:-\\ l,.. ,-,' .Ii" DATE: January 17, 2006 The undersigned hereby acknowledges receipt from Jay Bros" Inc, of the sum of: $229.23 Two Hundred Twenty Nine & 23/100 Dollars As Partial Payment for Labor, Skill & Material Furnished, As Payment for All Labor, Skill & Material Furnished or to be Furnished , (Except The Sum of Retainage or Holdback) xx As Full & Final Payment for All Labor, Skill & Material Furnished or to be Furnished to the Following Described Real Property Below: Project Name: New Hope Drainage Improvements Project Address: New Hope, MN JBI Project Number: 05-46 Invoice #: 78367MB THESE INVOICES ONLY And for the value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if box 1 is checked, and except for retainage shown if box 2 is cheeked), The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full EXCEPT: Note: If this instrument is Executed by a corporation, it must be signed by an Officer, and if executed by a Partnership, it must be Signed by a Partner. By: Title: Secretary Address: PO Box 5477 Hopkins. MN 55343 P,Q. Box 700 0 9218 Lake Drive N.E. 0 Forest Lake, MN 55025 0 (651) 464-64000 Fax: (651) 464-1704 An Affirm::ltivA Ar.tion. Enual Oooortunitv Emolover. .i~i General Contractors JAY BROS., INC. JMJ 2 ':1 ,oJ, V DATE: January 17, 2006 The undersigned hereby acknowledges receipt from Jay Bras" Inc, of the sum of: $6,559,82 Six Thousand Five Hundred Fifty Nine & 82/100 Dollars As Partial Payment for Labor, Skill & Material Furnished. As Payment for All Labor, Skill & Material Furnished or to be Furnished , (Except The Sum of Retainage or Holdback) xx As Full & Final Payment for All Labor, Skill & Material Furnished or to be Furnished to the Following Described Real Property Below: Project Name: New Hope Drainage Improvements Project Address: New Hope, MN JBI Project Number: 05-46 Invoice #: 2919080,2938879,2942285,2896924,2896850 THESE INVOICES ONLY And for the value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if box 1 is checked, and except for retainage shown if box 2 is checked), The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full EXCEPT: Note: If this instrument is Executed by a corporation, it must be signed by an Officer, and if executed by a Partnership, it must be Signed by a Partner. Company Nat~":,al ~~erwOrkS . By fIj;( .~ 'tffiJ- Title: OI'JtJJ+ r0~;:' -{(Is} ~ Address: J6CKDO hI ----p;~ W(Jp-{- Ef-lu1 /::;rc~Jn~ -I f\,f,,( f/3'Wtj P.o. Box 700 G 9218 Lake Drive N,E. G Forest Lake, MN 55025 G (651) 464-6400 · Fax: (651) 464-1704 An AffirmAtive Action. Eaual Oooortunitv Emolover. .i :Ii General Contractors JAY BROS., INC. J4M 2 f .., If DATE: January 17, 2006 The undersigned hereby acknowledges receipt from Jay Bros., Inc, of the sum of: $2,077,68 Two Thousand Seventy Seven & 68/100 Dollars As Partial Payment for Labor, Skill & Material Furnished. As Payment for All Labor, Skill & Material Furnished or to be Furnished, (Except The Sum of Retainage or Holdback) xx As Full & Final Payment for All Labor, Skill & Material Furnished or to be Furnished to the Following Described Real Property Below: Project Name: New Hope Drainage Improvements Project Address: New Hope, MN JBI Project Number: 05-46 Invoice #: 1010629 THESE INVOICES ONLY And for the value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if box 1 is checked, and except for retainage shown if box 2 is checked), The undersigned affinns that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full EXCEPT: Note: If this instrument is Executed by a corporation, it must be signed by an Officer, and if executed by a Partnership, it must be Signed by a Partner. Company: Royal Concrete Pipe, Inc. BY:~~ Title: CFO Addre~: POBOX 430, STACY MN 55079 P.O. Box 70009218 Lake Drive N,E. 0 Forest Lake, MN 550250 (651) 464-6400 0 Fax: (651) 464-1704 An Affirmative Action, Equal Opportunity Employer.