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IP #787 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Development and Plannin Item No. By: Shari French Q ;/' September 12, 2005 i}'v/I i~/W By: {I [,.. ... 8.4 Parks and Recreation Resolution (Improvement To Barber Construction Company, Inc., for the Reconstruction of Park Trails Appropriation of Funds from the Park Infrastructure Fund Requested Action Staff requests approval of a resolution awarding a contract and appropriating funds for the 2005 Park Trails Reconstruction Improvement Project 787 to the low and responsible Company, Inc. in the amount of $59,872.00. The engineer's estimate was $57,500. Background Council approved plans and specifications for this project at their August 8, 2005 meeting. A call for bids was appropriately advertised and bids were opened September 2,2005. The work is to be done in Lions Park and Little Acre Park. These trails are approximately 30 years old and in poor condition. Funding Funding is available in the park infrastructure fund for park trails. Attachment(s) The engineer's memorandum, copies of the bid tabulations, and the resolution ordering the project and awarding the contract are attached. Motion by Ii ~. /"/' /11'/;;, 7/",("'1 1 ..J. /-, ./ )~/'V"".r,. a. i/L../l L/ Second by To: - / ~ /) Ii I:\RFA \P&R\PARKS\R-Bids Parks Trails 787.doc City of New Hope Resolution No. 05- 114 Resolution Awarding Contract to Barber Construction Company, Inc., for the Reconstruction of Park Trails (Improvement Project 787) and Appropriation of Funds from the Park Infrastructure Fund WHEREAS, Barber Construction is the low responsible bidder; and WHEREAS, the city of New Hope prepares a five year Capital Improvement Program (CIP) as a guiding document for equipment acquisition and improvement projects to assist with the preparation of each annual operating budget; and WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize the acquisition of the individual equipment and/or projects listed therein; and WHEREAS, the Parks and Recreation Department recommends the acquisition of reconstruction of park trails from Barber Construction Company Inc.; and WHEREAS, the funds for this equipment have been provided within the Park Infrastructure Fund CIP account for the Parks and Recreation Department. NOW, THEREFORE BE IT RESOLVED by the City Council of the city of New Hope, Minnesota that 1) A contract is awarded to Barber Construction Company, Inc. 2) The appropriation of $59,872.00 for the Park Trails Project account is authorized and the 2005 Park Infrastructure Fund budget is hereby amended. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 12th day of September 2005. Attest: City Clerk ~d:~ JjA\J~, ?~Jv yor I:\RFA \P&R\PARKS\R-Bids Parks Trails 787.doc 2335 West Highway 36 . St, Paul, MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 Bonestroo IiiiIiil:JIIIII Rosene Anderlil< & Associates www.bonestroo.com Engineers & Architects September 6, 2005 Honorable Mayor and City Council City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428-4898 Re: 2005 Park Trails Reconstruction Project City Project No. 787 File No. 00003.1-05174-0 Bid Results Bids were opened for the Project stated above on Friday, September 2, 2005. at 1 :30 P.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 eight Bids. The following summarizes the results of the Bids received: C01ltractor Low Barber Construction Company Inc. #2 Jay Brothers #3 Sunram Construction Inc. #4 DMJ Corporation #5 Hardirves Inc. #6 Bituminous Roadways Inc. #7 Allied Blacktop #8 *Midwest Asphalt Corp. * Addendum not acknowledged Bid Amoll1lt $59,872.00 $62,550.40 $64,872.10 $68,433.95 $69,641.25 $71,327.35 $84,784.59 $94,852.70 The low Bidder on the Project was Barber Construction Company Inc. with a Base Bid of $59,872.00. This compares to the Engineer's Estimate of $57,500.00. Bituminous Unit Prices were higher than estimated. The Bids have been revie\ved and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Barber Construction Company Inc. should be awarded the Project on the Base Bid Amount of $59,872.00. Should you have any questions, please feel free to contact me at (651) 604-4790. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~ ~ --~p Vincent T. Vander Top, P.E. Enclosures St, Paul, St. Cloud, Rochester, MN · Milwaukee. WI · Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned f~=~ ~ )>)>;:V OJ "" "" ::l 0 0 ~gf5-~~ ~ fij':; fT) ~ t;) ,..... ~ 0 a ~ Q-\ 0 u a ro' u Z ill ::J ~ N o o U1 "U ill ... ;1'C -I ... ~, Ui :::0 <1) C'l o :J ~ ... c: ;:;. 0' :J "U .., o <1)' ;:;. - Q (ti ~ '" C1l 4 ~ fi s: en' en' Q) :J CD ><: Q) Q. OJ Ci o u CD :J 5' co ~ Ci ill (f) CD CD 3 C7 ~ N N o o .(JI ~ ~ w o U ::;: o :;: ::J ~ ~ <1) :tJ <::: ,,;j (ti CD -. t \ '0 CQ21h a ~ ~ ~" ~ 01-\)", "" -! ~ "" g ~} g <:Q) .:. 0 o ::J -.., . Q. 0- D; ~ \J'\ ~ """-J \..., 'l '0 .,1 ." CD 0" \ '" , ' C1l :-0 \ ~. rn C1l , Q. 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Fax: 65J-636-1311 www.bonestroo.com September 14,2005 Mr. James Barber Barber Construction Co., Inc. 635 14th Avenue South Hopkins, MN 55343 Re: City of New Hope, Minnesota 2005 Park Trails Reconstruction Project City Project No. 787 File No. 000034-05174-0 Contract Documents Enclosed are four (4) Contract Documents between you and the City of New 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 belm\! who will review them for the City of New Hope: Steven Sondrall Jensen Sondrall P A 8525 Edinbrook Crossing #201 Brooklyn Park, MN 55443-1983 After the necessary officials have signed the Contracts, they will be distributed as follows: 2 copies 1 copy 1 copy Barber Construction Co., Inc. (I - 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 \vill be scheduled with you and the City of Ne\v Hope to review the Project. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INe. ~ /~/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 . Milwaukee. 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 I Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa JENSEN & SONDRALL, P.A. Attorneys At Law October 5, 2005 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2005 Park Trails Reconstruction Project City Project No. 787 Our File No.: 99.10030 Dear Val: 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193 e-mail law@jensen-sondrall.com Enclosed please find four copies of the contract, payment and performance bonds and 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 Shari French, Park and Rec. Director P:\Attomey\SAS\1 Client Files\2 City of New Hope\99.10030 (Public Works general)\l.eone Itr 2005 Park project 787 contracts. doc Oct. 5. 2005 1 :56PM Advance Insurance AgencY No,5213 p. 1/1 ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATe (MMIOD/VYYYj 09/22/2005 PRODUCER (952)831-192S FAX (952)831-0572 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Advance Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5241 Viking Drive Ste 200 HOLDE:R. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POI.ICIES BELOW. Edina, MN 55435 INSURERS AFFORD1NG COVERAGE NAlC# INSURED Barber Constructlon Company Inc INSURI:R A: Hawkeye Security PO Box 5324 INSURER B: Buil.:fers Group Hopkins, MN 55343 INSURER c: I INSURER D: I I INSURER E: COVERAGES THE POLICIES of INSURANCE USTED 8EL.OW HAVE ElEE:N JSSUED TO THE INSURED NAMED ABOVE FOR THE. pOL.ICY PERIOD INDICATED. N01WlTHSTANDING ANY REQUIREMENT. TERM OR CONDmON OF ANY CONrRACT OR OTHER DOCUMENT WlrH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR IV.AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRJBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLlClES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11~~Jl ~~,?:L TYPE Of' INSUAANcE POLICY NUMElE~ POLICY EFFECTIVJ: POI.ICY IOXFIRATION LIMIT:; I \ I GeNeRAl.l.IABluTY CBP9841796 05/01/2005 05/01/2006 EACH OCCURRENCE $ 500,000 X COMMERCIAL OENc:RAL UABILm' ~;C~b~~J9.:~~~ "_\ $ 100,000 I CLAIMS MADE 0 OCCUR MED t:.xP (Any 01\" l>"'~cn) S 10 , 000 ,A PERSONAL & ADV IN,JURY S 500,000 - I GENERAL ACOREGATE S 1,000,000 - tlcN'L AGORE:GATE LIMIT APPLIE;S PER' PRODUCTS - r;OMI'/OP AGG S 1,000.000 I '[Xl PRO. nLOC POLICY JECT i AUTOMoSn... LIA61UTY BA9S47195 05/01/2005 05/01/2006 I COMBINED SINGLG: LIMIT i ~ NNAlJTO (C~ ~"",idenl) S I I- 500,000 I ALL OWNED AUTOS BODILY INJURY I l- S SC:Ht;OULEO AUTOS (P", p"lSon) !,A y I lIRED AUTOS 80D1L Y INJURY .' ~ (per ~ccidcnl) $ i N()N-OWNED AUTOS I l- i I PROPERTY DAMAGE; I (Per ~ccidenl) S f- : GARAGE LIABIUTY AUTO ONLY. G:A ACCID5NT S ; R ANY AUTO EAACC S '. OTHER THAN ; AUTO ONLY: AGG $ i' i EXCESS/UMBRELLA UA81L1TY CU9M5996 05/01/2005 05/01/2006 EACH OCCURRENCE S 4.000,000 IA [:!J OCCUR 0 CLAIM!; M~( ESS OVER GENERAL LIAB AGGREGATE s 4,000,000 AND AUTO s I q DEDUCTl81.E S ! ! ReTeNTION $ s WORKERS COMPENSATION AND 1100018501 01/01/2005 01/01/2006 X l1i,g~?T~Tltc; I IOJ&i' I Y IMIT. liiMFL.OYERS' UABIUTY EL EACH ACCIDENT S 500,000 LB I\NY PROPRIETORlPARTNERlEXEcU'llVE F OFFICERIMEM8ER EXCLUDED? E.L. DISEASE. G:A EMPLOYE S 500,000 I; If ye::;, d""cril:>n Im~~r SPECiAL PROVISIONS below E.L. DISEAsE. POLICY LIMIT S 500,000 OTHER i j: !' " ~ ; :'F;SCRIPTION OF OpeRATIONS I LOCATIONS IVEliICLES I EXCl.USloN:; ADDED BY ENDORSE/dENT I SPECIAL PROV]SloN:; included oje City of New Hope and Bonestroo, Rosene, Anderllk & Associates are as \::lditional insureds for the following project: 2005 Park Trails Reconstruction, City Project ;::O~ 787, File no. 000034-05174-0. This coverage 15 pr;mary and noncontributory.. L t! j: I CERTIFICATE HOLDER f I, ; 1:- I~ I i City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 CANCEI.LATION SHOUl.D ANY OF THE ABOVE DESCRIBED POLICn"s ElEl CANCELLED BEFORE THE EXPIRATION DATe THE~SOF, THE ISSUING INSURER WILL ~ MAIL JL DAYS WRITTEN NOTIC!: TO THE cERrtFlcATE HOLDER NAJ..'ED TO THE LEFT, ~}€(X )(~~XXXXXXXX j: i~ 'ACORD 25 (2001/08) AUTHORI Susan October 13, 2005 Mr. James Barber Barber Construction Co., Inc. 635 14th Avenue South Hopkins, MN 55343 SUBJECT: 2005 PARK TRAILS RECONSTRUCTION PROJECT (IMPROVEMENT PROJECT NO. 787) Enclosed are two fully executed contract documents for New Hope Project No. 787. 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 $59,872.00. Also enclosed is a "Withholding Affidavit for Contractors" (lC-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, /' /': ''--;,~j/. ..L/' I. \ ~ ')7''1 ,7 / i <- it; .' l..-"- Valerie Leone City Clerk, CMC Enclosures - Contract, I C-1 34 cc: Steve Sondrall, City Attorney (File No. 99.10030) Vince VanderTop, Assistant City Engineer (File No. 34-05174-0) Guy Johnson, Director of Public Works CITY OF l\TEVV HOPE 4401 Xylon Avenue North'" Nevv Hope, Minnesota 55428-4898 .} www.ci.new-hope.mn.us City Hall: 763-531-5100" Police (non-emergency): 763-531-5170 <:- Public VI/arks: 763-592-6777 <:- TOO: 763-531-5109 City Hall Fax: 763-531-5136 '., Police Fax: 763-531-5174~' Public Vv'o1'ks Fax: 763-592-6776 COUNCIL I jJ 7 f7 t-trytfr7L--ch Me. Request for Action Originating Department Approved for Agenda Agenda Section Parks and Recreation October 9, 2006 Consent Item No. By: Shari French, Director P&R By: 6.6 Motion to Accept Project 787, the 2005 Park Trails Reconstruction and Authorization for Final Payment to Barber Construction Company Requested Action Staff recommends that the City Council approve a motion to accept project 787, for 2005 park trails reconstruction and authorize final payment to Barber Construction Company in the amount of $5,393.72. Background Council approved plans and specifications for this project on August 8, 2005. A call for bids was appropriately advertised and bids were opened September 2, 2005. On September 12, 2005, the Council approved a contract with Barber Construction Company for the project. The amount of the original contract was $59,872. All work has been satisfactorily completed. The final payment of brings the total cost to $55,273.00; $4,599 (7.7%) under budget. The savings resulted from the fact that the construction plan was generated without a field survey; therefore conservative estimates were used to determine bid quantities. Funding Funding was available in the park infrastructure fund for park trails. Attachment(s) Attached are the engineer's memorandum recommending acceptance of the project and final pay request. A Moti on by /6C7111.J'Y"LQ./i---, To: ;1//f/2C I Second by - /.-1_ / ) I:JZ/V'Gt1 -:1lf~~ I: \ RF A \ P&R \ PARKS \ Q-787 Accept Trails Project 2006.doc Bonestroo Rosene Anderli/< & Associates 2335 West Highway 36. St. Paul, MN 55113 Office: 651-636-4600' Fax: 651-636-1311 www.bonestroo.com Engineers & Architects October 2, 2006 Shari French City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2005 Park Trails Reconstruction, City Project No. 787 Request for Final Payment BRAA # 000034-05174-0 Dear Shari, Enclosed find the signed final pay request for the 2005 Park Trails Reconstruction project and the corresponding IC-134 forms. All work on the project has been completed. The contract amount is for $59,872.00. Final payment is for $5,393.72, bringing the total cost to $55,273.00 or $4,599.00 (7.7%) under budget. The savings resulted from the fact that the construction plan was generated without a field survey, therefore conservative estimates were used to determine bid quantities. We recommend final payment be approved in the amount of $5,393.72. Please feel free to contact me at 651-604-4938 if you have any questions. Yours truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES ~~ Jason Quisberg Enclosures IL Affirmative Action/Equal Opportunity Employer and Employee Owned Jfljsonestroo II:IIRosen~ ..' I~~s~~~~e~ Engineers & Architec[s Owner: City of New Hope, 4401 Xylon Ave North, New Hope, MN 55428 Date: September 25, 2006 For Period: 11/23/2005 to 9/25/2006 Request No: 2 AND FINAL Contractor: Barber Construction Company, Inc., 635 14th Avenue South, Hopkins, MN 55343 CONTRACTOR'S REQUEST FOR PAYMENT 2005 PARK TRAILS RECONSTRUCTION PROJECT BRA FILE NO. 000034-05174-0 CITY PROJECT NO. 787 SUMMARY 1 Original Contract Amount $ 59,872,00 2 Change Order - Addition $ 0,00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 59,872.00 5 Value Completed to Date $ 55,273.00 6 Material on Hand $ 0.00 7 Amount Earned $ 55,273.00 8 Less Retainage 0% $ 0,00 9 Subtotal $ 55,273.00 10 Less Amount Paid Previously $ 49,879.28 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 AND FINAL $ ~~ Recommended for Approval by: BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC. Approved by Contractor: BARBER CONSTRUCTION COMPANY INC (==---~ tEL- . !~~~\---' I ) ,7 (~ VI. Approved by Owne.,r: CI.T:!.../ N~W. /g~ . ;: 4tPJl v~ .Y v - , Specified Contract Completion Date: Date: /6 /e; IAt:' I I 'j 340517 4REQ2FlnaL xis Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date PART 1 - LIONS PARK: 1 MOBILIZATION LS 1 2100.00 1 $2,100.00 2 REMOVE CONCRETE CURB AND GUTTER LF 90 6.00 62 $372.00 3 SAWING BITUMINOUS PAVEMENT LF 114 4,00 100 $400.00 4 REMOVE BITUMINOUS PAVEMENT SY 1131 3.00 886 $2,658.00 5 COMMON EXCAVATION CY 413 8,00 361 $2,888.00 6 BITUMINOUS WEARING COURSE MIXTURE TN 189 70.00 170 $11,900.00 7 AGGREGATE BASE, CLASS 5 TN 917 17.00 720 $12,240.00 8 6" CONCRETE PAVEMENT, STANDARD SF 400 6.00 384 $2,304.00 9 MOUNTABLE CONCRETE CURB AND LF 90 20.00 62 $1,240,00 10 TOPSOIL AND SEEDING SY 833 3.00 567 1134 $3,402.00 TOTAL PART 1 - LIONS PARK: $39,504.00 PART 2 - LITTLE ACRE PARK: 11 MOBILIZATION LS 1 690.00 1 $690.00 12 REMOVE CONCRETE CURB AND GUTTER LF 40 6.00 40 $240.00 13 SAWING BITUMINOUS PAVEMENT LF 56 4.00 65 $260.00 14 REMOVE BITUMINOUS PAVEMENT SY 348 5.00 323 $1,615.00 15 COMMON EXCAVATION CY 90 20.00 71 $1,420,00 16 BITUMINOUS WEARING COURSE MIXTURE TN 41 100.00 44 $4,400.00 17 AGGREGATE BASE, CLASS 5 TN 210 19.00 211 $4,009.00 18 MOUNTABLE CONCRETE CURB AND LF 40 25.00 40 $1,000.00 19 TOPSOIL AND SEEDING SY 222 3,50 305 610 $2,135.00 TOTAL PART 2 - LITTLE ACRE PARK: $15,769.00 TOTALPART1-UONSPARK TOTAL PART 2 - UTTLE ACRE PARK: $39,504.00 $15,769.00 TOTAL WORK COMPLETED TO DATE $55,273,00 3405174REC12Final.xis PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 787 BRA FILE NO, 000034-05174-0 CONTRACTOR BARBER CONSTRUCTION COMPANY INC CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainage Completed 1 11/01/2005 11/22/05 49,879.28 2,625.23 52,504,51 2 AND FINAL 11/23/2005 09/25/06 5,393.72 55,273.00 Material on Hand Total Payment to Date $55,273.00 Original Contract $59,872.00 Retainage Pay No, 2 Af--JD FINAL Change Orders Total Amount Earned $55,273.00 Revised Contract $59,872.00 3405174REQ2FinaLxls MrN~JEE.OTA Department of Revenue Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. le-l 34 Please type or print clearly. This will be your mailing label far returning the completed farm. rr-----------------\ Company nome I BARBER CONSTRUCTION CO., INC. I I Address P.O. BOX 5324 I HOPKINS, MN 55343.2324 I I I ~----------------_/ Daytime phone (f5J,1938' c;60 7 T otol contract amount $ Scr 872, tJIJ Amount st~1 due $ 5~ ~ 7;< I tJ l) Minnesota withholding tax ID number ! 5&g 739' 2- Month/year work begon /t'J.- ;<005 Month/year work ended 10 -;:ZOOS- Project number 78'7 Project locotion .i./cJ/1/S jJ AI? J.:- 1--1 TTl-E -1 f!;PE City / ~E /1/1/ Stote Zip code ..>SL/2~ Project owner Address tilrftlEW JltJ/E !/t;I) Did you have employees work on this project? o~r'y es Check the box that describes your involvement in the proiect and fill in all information requested. D Sole contractor D Subcontractor you ~ Prime contractor-If you subcontracted out any work on this project, all of your subcontractors must file their own 1C-134 affjdavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified 1C-134. If you need more space, attach a separate sheet. Business name Address Owner/Officer R~IJ KIJ5.f;!J (}()/vi$~ ~N e - f- 6oa5 250]]. 3T f I ELm. h"j -=; R();J KA .>5A 1/-2r-tJS Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Departmel].t Revenue Date Slock No. 5000134 (Rev. 11/96) Printed on recycled poper with 10% post-consumer \'/osle using soy-based ink. Instructions for Form IC"134 Who must file? If you are a prime contractor, a contractor or a subcontractor who did work on a project for the state of Minnesota or any of its local government subdivisions - such as a COlmty, city or school district - you must file Form IC-134 with the Minnesota Department of Revenue. nus affidavit must be certified and returned before the state or any of its subdivisions can make final payment for your work. When to file The IC-134 calmot be processed until you finish the work. If you send it in for certification before the project is completed, it will be rehlrned to you unprocessed. If you are a subcontractor or sole contractor, send in the form when you have completed your part of the project. If you are a prime contractor, send in the form when the entire project is completed and you have received certified affidavits from all of your subcontractors. How to file If you have fulfilled the requirements of Milmesota \vithholding tax laws, the Department of Revenue will sign your affidavit and return it to you. If any withholding payments are due to the state, Minnesota law requires that payment be made by money order, cashiers check, certified check or cash (M.s. 290.97). Submit the certified affidavit to your prime contractor or to the government unit for which the work was done in order to receive your final payment. Are you a prime contractor and a subcontractor on the same proiect? If you were hired as a subcontractor to do work on a project, and you subcontracted all or a part of your portion of the project to another contractor, you are a prime contractor as well. Fill out both the subcontractor and prime contractor areas on a single form. Where to file Mail to: MN Dept. of Revenue Withholding Tax Division Mail Station 6610 St. Paul, MN 55146-6610 Minnesota tax 10 number You must fill in your Milmesota withholding tax ID number on the form. You must have a Mim1esota tax ID number if you have employees who work in Minnesota. If you do not have a Milmesota ID number, you must apply for one. Call (612) 282-5225 or 1-800-657- 3605. Or write to the following address to request an application (Form ABR). Minnesota Tax Forms Mail Station 1421 St. Paul, IvIN 55146-1421 If you have no employees and did all the work yourself, you do not need a Minnesota tax ID number. If this is the case, fill in your Social Security number in the space for Milmesota tax ID number and explain who did the work. Use of information The Department of Revenue needs all the information, except your phone number, to determine if you have met all state income tax withholding requirements. If all required information is not provided, the IC-134 will be returned to you for completion. All information on this affidavit is private by state law. It cannot be given to others without your permission, except to the Internal Revenue Service, other states that guarantee the same privacy and certain government agencies as provided by law. Information and assistance If you need help or additional information to fill out this form, call (612) 282-9999 or 1-800-657-3594. Hearing, speech or visually impaired? TDD/TTY users may contact the department through the Milmesota Relay Service. Call 1-800- 627-3529. If you need information in an alternative format, such as Braille, large print or audio tape, we will provide it. To get more 1(-134 forms If you need more IC-134 forms, call (612) 296-4444 or 1-800-657-FORM. Or write to: Milmesota Tax Forms Mail Station 1421 St. Paul, MN 55146-1421 MI1\1l\JESOTA Department of Revenue Withholding AHidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. Stock No. 5000134 IRev. 11/96) u IC-134 Please type or print clearly. This will be your mailing label for returning the completed form, ~-----------------\ I ~mpany name /J . (...-<2-1 (Daz;7:}~~Jho~,1.!' I 3 '7 I ,f,- ..',1, (i) c, ,"'../ )-<:1- s '5v7 C,'l-' ..,'-.J S H () C.:j-, 'c u.. Tv ' ...... 1"" '" OJ' I "Address , ..;-Lo/} 1 Total contract omount /'" /C"/',, <'~, '7 "...-;:. I' ( .......-- I \0 <./1../ ...) c;;<..'::> C/ [::" I I ~. '/. 1 ~_E~~___fl)~_5)u~~_/ $ $ 52tJCJ, 00 Amourlf still due ,5: ;<.~Of cJ D / Minnesota withholding tax ID number ?99/1/6C) I Month/year work began /- 0'-- C/ >- .) , Month/year work ended I U -0..5- Project number '7 -78 Project location .i-/t?J/J5 AN!) Address 0, J--/771-E ACIf E P A J<.)( <; City ./l/EW ! t:1I'E Project owner C1T'r )J [.W I 'rJ Did you have employees work on this project? State Zi p code l1/v S2L)zE fLtJ/t/ A II. M, Yes 0 No If no, who did the work? Check the box that describes your involvement in the proiect and fill in all information requested. D Sole contractor ~ Subcontractor INC. D Prime contractor-If you subcontracted out any work on this project, all of your subcontractors must file their own 1C-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified 1C-134. If you need more space, attach a separate sheet. I declare thc:yertl i formation I hove filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Deportment of Revenue tg/discl se pertinentf, form ion relating to this project, including sending copies of this form, to the prime contractor if 10m 0 subcontractor, and to aJiy su contractors if I 0 rime controctor, and to the contracting agency. Contrqc j/~l~ Certificate @f C@mpliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. of Revenue Dote 2005 ,"_~"\f Printed on recycled paper 'tlith 10% post-consumer \'Iaste using soy-based ink. Instructions for Form IC-134 Who must file? If you are a prime contractor, a contractor or a subcontractor who did work on a project for the state of Minnesota or any of its local government subdivisions - such as a county, city or school district - you must file Form IC-134 with the Minnesota Department of Revenue. This affidavit must be certified and returned before the state or any of its subdivisions can make final payment for your work. When te file The IC-134 calmot be processed until you finish the vvork. If you send it in for certification before the project is completed, it will be rehlrned to you unprocessed. If you are a subcontractor or sole contractor, send in the form when you have completed your part of the project. If you are a prime contractor, send in the form when the entire project is completed and you have received certified affidavits from all of vour subcontractors. Hew to file If you have fulfilled the requirements of Minnesota withholding tax laws, the Department of Revenue will sign your affidavit and return it to you. If any withholding payments are due to the state, Minnesota law requires that payment be made by money order, cashiers check, certified check or cash (MS. 290.97). Submit the certified affidavit to your prime contractor or to the government unit for which the work was done in order to receive your final payment. Are you a prime contractor and a subcontractor on the same proied? If you were hired as a subcontractor to do work on a project, and you subcontracted all or a part of your portion of the project to another contractor, you are a prime contractor as well. Fill out both the subcontractor and prime contractor areas on a single form. Where to file Mail to: MN Dept. of Revenue Withholding Tax Division Mail Station 6610 St. Paul, MN 55146-6610 Minnesota tax ID number You must fill in your Minnesota withholding tax ID number on the form. You must have a Milu1esota tax ID number if you have employees vvho work in Minnesota. If you do not have a Mim1esota ID number, you must apply for one. Call (612) 282-5225 or 1-800-657- 3605. Or write to the following address to request an application (Form ABR). Milmesota Tax Forms Mail Station 1421 St. Paul, MN 55146-1421 If you have no employees and did all the work yourself, you do not need a Milmesota tax ID number. If this is the case, fill in your Social Security number in the space for Milmesota tax ID number and explain who did the work. Use of information The Department of Revenue needs all the information, except your phone number, to determine if you have met all state income tax withholding requirements. If all required information is not provided, the IC-134 will be returned to you for completion. All information on this affidavit is private by state law. It cannot be given to others without your permission, except to the Internal Revenue Service, other states that guarantee the same privacy and certain government agencies as provided by law. Information and assistance If you need help or additional information to fill out this form, call (612) 282-9999 or 1-800-657-3594. Hearing, speech or visually impaired? TDD/TTY users may contact the department through the Milmesota Relay Service. Call 1-800- 627-3529. If you need information in an alternative format, such as Braille, large print or audio tape, we will provide it. To get more 1(> 134 forms If you need more IC-134 forms, call (612) 296-4444 or 1-800-657-FORM. Or write to: Mim1esota Tax Forms Mail Station 1421 St. Paul, MN 55146-1421 IX Document G707'" - 1994 Consent of Surety to Final Payment MNC 44102 PROJECT: (Name alld address) 2005 Park Trails Reconstruction Project New Hope, MN ARCHITECT'S PROJECT NUMBER: OWNER 0 CONTRACT FOR: 2005 Park Trails Reconstruction Project ARCHITECT 0 CONTRACTOR 0 TO OWNER: (Name and address) City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 CONTRACT DATED: September 19th, 2005 SURETY 0 OTHER 0 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the "" I Ttz".'J.ert na.me and address of SJ.lretv) I !vler-:nams .t5onQmg Company (Mutua) 2100 Fleur Drive Des Moines, Iowa 50321 ,. SURETY. on bond of B (Insert nallle a!ld address of Contractor) arber ConstructIOn Co., Inc. 635 14th Avenue South Hopkins, Minnesota 55343 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 , OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand 011 this date: November 1st, 2005 (Insert in writing the month followed by the numeric date and year.) Merchants ~p~bg Company (Mutual) ~// ;////._-; ... . . ~, ?;C._ .[~L7lda/ (Signature ofau~tiiizj representative) M.A. Jones, Attomey-in-fact (Printed name and title) ..-.., ,....l \. r' ~O . \/\.1\ Attest:! .~!\...-'VU. 'i\Z ~ ! l . I',. I (Seal): f/":""'~ G '" \..j, c5\. CAUTjON: You should sign an origInal changes \:viH not be obscured. Contract Document, on which this text appears in RED. An original assures that AlA Document G707TIJ - 1994. Copyright @ 1970 and 1994 by The American Institute of Architects. All rights reserved. IN ARNING: Jhis AlAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed, To report copyright violations of AlA Contract Documents, e. mail The American Institute of Architects' legal counsel, copyright@aia.org. ~ AlA Document G70T'-1994Instructions Consent of Surety to Final Payment GENERAL INFORMATION Purpose This document is intended for use as a companion to AlA Document G706, Contractor's Affidavit of Payment of Debts and Claims, on construction projects where the Contractor is required to furnish a bond. By obtaining the Surety's approval of final payment to the Contractor and its agreement that final payment will not relieve the Surety of any of its obligations, the Owner may preserve its rights under the bond. Related Documents This document may be used with most of the AlA's Owner-Contractor agreements and general conditions, such as A20I and its related family of documents. As noted above, this is a companion document to AlA Document G706. Use of Current Documents Prior to using any AlA Contract Document, users should consult www.aia.org or a local AlA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AlA. There is no implied permission to reproduce this document. nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The AlA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G707, but only for use in connection with a particular project. The AlA will not permit reproduction outside of the limited license for reproduction granted above, except upon written request and receipt of written permission from the AlA. Rights to reproduce the document may vary for users of AlA software. Licensed AlA software users should consult the End User License Agreement (EULA). To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. CHANGES FROM THE PREVIOUS EDITION Changes in the location of various items of information were made, without revision to the substance of the document. COMPLETING THE G707 FORM General The bond form is the usual source of required information such as the contract date and the names and addresses of the Surety, Owner, Contractor and Project. Architect's Project No. This information is typically supplied by the Architect and entered on the form by the Contractor. Contract For This refers to the scope of the contract. such as "General Construction" or "Mechanical Work." EXECUTION OF THE DOCUMENT The G707 form requires both the Surety's seal and the signature of the Surety's authorized representative. AlA Document G707Thl -1994. Copyright@ 1970 and 1994 by The American Institute of Architects. All rights reserved. WARNING: This AIA@ Doeument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA@Document, or any portion of it, may result in severe civil and criminal penalties, and will be proseeuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed, To report copyright violations of AlA Contract Documents, e- mail The American Institute of Architects' legal counsel, copyright@aia.org. Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made. constituted and appointed. and does by these presents make. constitute and appoint Litton E.S. Field, Jr., M.A. Jones, F.E. Launstein, Nicole M Coty of St. Paul and State of Minnesota its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead. to sign. execute. acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION ($5,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed, This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002, ARTICLE II. SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond. undertaking, recognizance. or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof. MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1 st day of September, 2004. .. .~{i C.o o. .. ~<::>\..... ..(1!,d.o ..~.,~ \\PO -9-i',-?~ 00 0,_ . '-> ..... '. ;..i. . . -J::C:: ~.. :~:- -0- 0:-. o 4... 1933 .: =:: . ...... . c:::-. . '",:"". . ':"1. . "'-L;' .".,.(;:;:.. o. v.:1if...... .\,""...... 0.0 1;{ .0. ...... STATE OF IOWA COUNTY OF POLK ss, MERCHANTS BONDING COMPANY (MUTUAL) By ~ 7~ Pres On this 1st day of September, 2004, before me appeared Larry Taylor, to me personally known. who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL). the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed rny Official Seal at the City of Des Moines, Iowa, the day and year first above written. CINDY SMYTH Commission Number 173504 My Commission Expires March 16, 2006 STATE OF IOWA COUNTY OF POLK ss. /7. ~1;fi UAC'1 'r 1'7) Vv v Notary Public, Polk County, Iowa I, William Warner. Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof. I have hereunto set my hand and affixed the seal of the Company on this 1 s t day of Novemper,. 2005 POA 0001 (9/04) .. o. 00. ...\~G CO... . ~<::>.........(1!,oo. ..<o~.,~ \\PO -9-i"-?~ 00 :c.,:'~ ~".;..i.~ :~:- -0- 0:-- :4... 1933 .:~: .~.;. :':"1: . "'&-:. -:.(;:;:.. .. '.:lif........,,""...... .0. 1;J.~ o. ....... P'~~~~~. Secretary CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS AlA Document C70G (Instructions on reverse side) OWNER ARCHITECT CONTRACTOR SURETY OTHER o o o n L..J o ARCHITECT'S PROJECT NO,: TO OW'NER: ~ rry of )JEw HoPE '-1'10/ -XYLOfJ AVE.. fJ6. /VEw HOf~}1JJ S5Lf2~ (No11le allt! fldrlrc..'s..:';:j PROJECT: (NfUllf.' (iNt! or/tin..':';,,:,;) J./7TJ.E Aclf E. f>AI<'< TI<AIL L/OIJ.5 P /1 ~ I< TffA/L CONTRACT FOR: ;2..005 P;1f<)(.. r/M/L~ f([COtJ5T/?lJCTIO/J pf'OJECi CONTRACT DATED: 5EfJTEHB!.t<. I cr.J:!:!- 200S J STATE OF: MN COUN1Y OF: H ENN ThC' undC'rsignC'd hC'rd))' l'C'nifiC's that. C'xn:pt as listC'd bt:!ow, payment has bC'C'n madC' in full and all obligations havC' (llhC'I'\vise beC'n satisfied for all matC'rials and equipment furnished. for all work, labor, and SC'I'\'icC's performC'd, and fc)r all known indebtC'dnC'ss and claims against the C( )Illractor f()r damages arising in any manner in connection with the performance of the Contract referencC'd ab()\'t: for which thC' Owner or OwnC'r's propert)' might in any way be held responsible or encumbered. BARBARA LYNN BARBEF Notary Public Minnesota My Commission Expires Jan. 31, 2010 CAUTION: You should sign an original AlA document that has this caution prrn e I original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. EXCEPTIONS: ;J () IV C. SUPPORTING DOCUMENTS ATTACHED HERETO: I. ConsC'nt of Suret)' to Final Payment. Whenever Surety is involved. C>nsent of Surety is required. AlA Document C707, ConsC'nt of SurC'ty, may be used for this purp( )SC'. IndicatC' attachment: jJ yes 0 no Therollowing supporting documents should he attached hereto i{required hl' the 011'171.'1': 1. COlllractor's Rekase or Waiver of Liens. conditional upon n:ceipt of final payment. ") Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers, to the extent required by the Owner, acwmpanied by a list thereof. 5. C()ntraL'lo(s Affidavit of Rt:leasC' of Lic:ns (AlA DOl'umC'nl G706A), !mD CONTRA..CTOR: BARBER CONSTRUCTION CO.. INC. P.O. BOX 5324 HOPKINS. MN 55343-2324 (N(II11(, ((Jut (({Idress) OW)) Co f( (/Jrill/('rI }f((nlt' ({ut! lif/e) Subscribed and sworn to before me on rhis dare: /1-1'1-05 My Commission Expires:/-31-10 Not:IIY Public: -;:::> jJ ...0 ~ ~ ,. ...oCv711.4 r<., __ ".,-,_ AlA DOCUMENT G706 . C01\TRACTOlfS AFFIDAVIT OF PAY,\lENT OF DEBTS AND ClAIMS Il)l)., EDITION. . AlA. <DIl)l)., . THE AMERICAN INSTITl TE OF ARCHITECTS. I-:\~ NEW YORK ,WENt'E, NW. WASHINGTON. Dc:. 2mIlJ(>.'i2l)2 . WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. G706-1994 Project Manual For 2005 Park Trails econstruction City Project No. 787 ew Hope, Minnesota File Noo 000034-05174-0 August 2005 . !1 ~ Bonestroo ~ Rosene U Anderlik & . \J 1 Associates Engineers & Architects .11. Bonestroo e Rosene ~ Anderlik & ~ \J ~ Associates Engineers & Architects ADDENDUM NO.1 For 2005 PARK TRAILS RECONSTRUCTION PROJECT CITY PROJECT 787 FILE NO. 000034-05174-0 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 000034-05174-0 A1-1 ADDENDUM NO.1 DOCUMENT 00410 - BID FORM 1. Units of measurement for Bid Item No. 8 (6" Concrete Pavement, Standard Width) is SF instead of SY. LIST OF ATTACHMENTS 1. None. END OF ADDENDUM 000034.05174-0 Al-2 ADDENDUM NO. I DOCUMENT 00005 PROFESSIONAL CERTIFICATIONS 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 Top, P.E. Date: August 16. 2005 Reg. No. 25770 END OF DOCUMENT 000034-05174-0 iQ 2005 Bonestroo, Rosene, Anderlik & Associates Inc. PROFESSIONAL CERTIFICATIONS DOCUMENT 00010 TABLE OF CONTENTS 2005 PARK TRAILS RECONSTRUCTION CITY PROJECT NO. 787 FILE NO. 000034-05174-0 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 Constmction Contract (Bound in back of Project Manual) 00800 Supplementary Conditions Specifications Division 1 - General Requirements 01100 Summary 01310 Project Management and Coordination 01400 Quality Requirements 01500 Temporary Facilities and Controls 01570 Temporary Erosion and Sediment Control 01700 Execution Requirements 000034-05174-0 i!d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 000 10-1 TABLE OF CONTENTS Specifications Continued... Division 2 - Site Construction 02225 Removals 02230 Site Clearing 02315 Excavation and Fill 02318 Sub grade Preparation 02720 Aggregate Base Course 02740 Plant Mixed Asphalt Pavement MnDOT Spec. 2360/2350 Combined Concrete Curb and Gutter Concrete Walks and Driveways Lawns and Grasses 02770 02775 02920 END OF DOCUMENT 000034-05174-0 (9 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 1 :30 P.M., CD.S.T" on Friday, September 2, 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 Park Trails Reconstruction Proiect. City Proiect 787 Consisting of the following approximate quantities: 230 1,130 1,450 500 TN TN SY CY Bituminous 'vVear Course Aggregate Base Remove Bituminous Pavement Common Excavation 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 $35.00. 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 www.bonestroo.com. Direct inquiries to Engineer's Project Engineer, Brent Pember at (651) 604-4919. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instmctions 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 inforn1ation therein and further reserves the right to award the Contract to the best interests of the Owner. Daniel Donahue, City Manager City of New Hope, Minnesota 000034-05174-0 ':9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. ADVERTISEMENT FOR BIDS DOCUMENT 00200 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions 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 DOClmlents 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. 000034-05174-0 @ 2005 Bonestroo, Rosene, Ander1ik & 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 "teclmical 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 inforn1ation 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. 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, mc, 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 lmanticipated 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 ofthe 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 examination 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, a...'1d 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 ofthe work; 000034-05174-0 @ 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 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 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 nah1re 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 written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all tern1S and conditions for the performance of the work, 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 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 - SITE At'ID OTHER AREAS 6.01 The Project Site is identified in the Bidding Documents. Easements for pem1anent 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 At'ID ADDENDA 7.01 All questions about the meaning or intent ofthe 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 Engineer. 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. 000034-05174-0 @ 2005 BonestToo, 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 returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned 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 At"ID "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. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, At"ID 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 successfi.1l 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 000034-05174-0 @ 2005 BonestToo, Rosene, AnderIik & Associates, Inc. 00200-6 INSTRUCTIONS TO BIDDERS 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 13.01 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, 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 ofthe partnership shall be shown below the signahlre. 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 of the 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 j oint venture shall be executed by each j oint venturer in the manner indicated on the Bid Form. The official address ofthe joint venture shall be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-7 INSTRUCTIONS TO BIDDERS 13 .09 The Bid shall contain an acknowledgment of receipt 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 shown. 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. 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. 000034-05174-0 @ 2005 Bonestroo, Rosene, Ander1ik & Associates, Inc, 00200-8 INSTRUCTIONS TO BIDDERS 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 of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the 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 required 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 - MODJFICATION Ai'JD 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. 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 - EY ALUATION OF BIDS At'ID 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. 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-9 INSTRUCTIONS TO BIDDERS 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. 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 SECURITY AND 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. 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-10 INSTRUCTIONS TO BIDDERS 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 000034-05174-0 @ 2005 Bonestroo, Rosene, AnderIik & Associates, Inc. 00200-11 rNSTRUCTIONS TO BIDDERS DOCUMENT 00300 INFORMATION A V AILABLE TO BIDDERS Portions of reports and drawings used by the Engineer in the preparation of the Bidding Documents are attached to this document. The Teclmical 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 information 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 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. INFOR1\tlA TION AVAILABLE TO BIDDERS Jflj Bonestroo l1:li Rosene "till Anderlik & 1 ~ 1 Associates BIDDER: bA-t26~ (0PN.sTRociTTO to /0., hve L:.c:!:>1\ , " Engineers & Architects DOCUMENT 00410 BID FORM 2005 PARK TRAILS RECONSTRUCTION CITY PROJECT NO. 787 FILE NO, 000034-05174-0 NEW HOPE, MIN"NESOT A BID COpy Bid Opening Time: 1:30 P.M., C.DST. Bid Opening Date: Friday, September 2, 2005 THIS BID IS SUBMITTED TO: City of New' Hope 4401 Xylon Avenue North New Hope, l'v1N 55428-4898 1.0 I 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 perfom1 a11 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 \\Titing upon request of Owner. 3.01 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 following Addenda, receipt of all which is hereby acknowledged: Addendum No, Addendum Date I f3 -30 -oS: 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 work. 000034051740BIDFOfU,1.,I, 00410-1 BID FO~\1 D. Bidder has carefully studied all: (I) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and al1 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 perfonnance 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 appl)~ng 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 detennination of this Bid for perfonnance of the work at the price(s) Bid and within the times and in accordance with the other tenns and conditions of the Bidding Documents, G. Bidder is aware of the general nature of work to be perfonned by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents. H. Bidder has correlated the infonnation known to Bidder, infonnation and observations obtained from visits to the Project Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. 1. Bidder has given Engineer \\Titten 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. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the perfonnance of the work for w'hich this Bid is submitted. K. Bidder will submit written 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 finn to submit or not to submit a Bid for the purpose of restricting competition. 00003405 I 740BIDFOR}.l.xls 004] 0-2 BID FORM 4.02 Bidder understands that the law may require the Owner, or Engineer at the O\\TIer'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 sho\'m 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 challenge a contract pursuant to law. 5.0 I Bidder will 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 11.03.B of the General Conditions Bidder aclmO\vledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all 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 - LIONS PARK: MOBIUlA TION LS I s ;2..l ec::> . - s "2-1 CiO. - 2 REMOVE CONCRETE CURB AND LF 90 S &. - s !;;;-40.- GUTTER 4. - 4 S:-0, - 3 SA V-lING BITUMINOUS PAVEMENT LF 114 S S 4 REMOVE BITUMINOUS PA VEl\,lENT SY 1131 S ~.- S 3>393,- 5 C01vlMON EXCA VA TION CY 413 S (0. - S 3304-. - 6 BITUMINOUS WEARING COURSE TN 189 S 7&. - S / ~, 2-3'-",'- I"vIIXTURE 7 AGGREGA TE BASE, CLASS 5 TN 917 S / 1. -- S / 5'. ~g9. - , 8 6" CONCRETE PA VEMENT, 'Il1f .s F 400 S b, - S 2 400.- STANDARD \\lDTH 9 MOUNT ABLE CONCRETE CURB AND LF 90 S ;20. - S J ri'00. - GUTTER TOPSOIL AND SEEDING SY 833 S 3z.- S :J 4-99. - 10 TOTAL PART 1 - LIONS PARK S 4~ 3-11 ' ~ 00003405 I 740BIDFOR..'....1.xls 00410-3 BID FORJ...l No. Item Units Qty Unit Price Total Price PART 2 - LITTLE ACRE PARK: ] 1 MOBILIZA TION LS 1 S ~ 9t:J, - s ~ 7t/. - 12 REMOVE CONCRETE CURB AND LF 40 S ~, - S ;2 4v.- GUTTER 13 SA "'lING BITUMINOUS PAVEMENT LF 56 S 4- $ '22-9-: - , 14 REMOVE BITUI\lINOUS PA VEMENT SY 348 $ .5"'. - $ /74tJ. - 15 COMMON EXCA VA TION CY 90 S ZO.- S ) '!t'&cJ,- 16 BITUMINOUS WEARING COURSE TN 41 S ) tJtJ, - S 4100.- MIXTURE 17 AGGREGA TE BASE, CLASS 5 TN 210 S /9. - S g'190.- 18 MOUNT ABLE CONCRETE CURB AND LF 40 S 2-.5". - s I o (9c9, - GUTTER 50 19 TOPSOIL AND SEEDING SY 222 S 3, - s 771 - J~S'wl. ,,0 TOTAL PART 2 - LITTLE ACRE S .;..-- PARK BASE BID: TOTAL PART 1 - LIONS PARK /1 ...., 19 c; $ L-t"~; If. - TOTAL BASE BID co s i 4;5&{,- s 51) 8';;7:2.. ~ TOTAL PART 2 - LITTLE ACRE PARK. 00003405 I 740BtDFOIUv:.xls 00410-4 BID FORo"l 6.01 Bidder agrees that the work wi]] be Substantia]]y Completed and completed and ready for Final Payment in accordance with paragraph] 4.07.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 sha]] 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 fonn of 5 percent. 8.01 The tenns 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 s,., p'- fZ-.. I. 2) ,20a5:"" ]f Bidder Is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business Street Address (No P,O, Box #'s): Phone No,: Fax No.: 00003405 t 740BIDFOR!v1.xts 00410-5 BID FORM A Partnershio Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P ,0, Box #'s): Phone No.: Fax No.: A Corporation Corporation Name: 0AR8iZ1<... ~tJ~<iJk.W a., }tJ~. / (SEAM">'-"- State of Incorporation: M l yUNi!.$.o"-rA- Type (General Business, Professional, Service, Limited Liability): ClUvf~ l!:vaJJ~ ~ (Signature) Title: ~ A-w-- fk M, ~A-i2-IS ~/Z.. ViCil- p~ A nest , Oi-/z-f-<.Vt- (CORPOKA.TE SEAL) ~ Business Street Address (No P.O. Box #'s): t 3S-J4'JJ- A:e. ~, J-b j?)<! 11'-& jU JV , ) Phone No.: 962/ 95X" 9/>o? Fax No,: q~"2-- 930 ~34-3 0;;3 Z- 0000340SI740BIDFOIU,l.xl, 00410-6 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No,: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P,O. Box iPs): Phone No,: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 000034051 i40BIDFORc'vLxls 00410-7 BID FOR!vl THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A3 70 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Barber Construction Co., Inc. as Principal, hereinafter call the Principal, and Merchants Bonding Company (Mutual), Des Moines, Iowa a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope, Minnesota as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) Of Amount Bid Dollars ($ 5% ), 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 2005 Park Trails Reconstruction 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 materials 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, othervvise to remain in full force and effect. Signed and sealed this 2nd day of September 2005 (Witness) Barber Construction Co., Inc. g.I3~,;JU/L ~v~~v. U (Seal) (Title) Attorney-In-Fact AlA DOCUMENT A310-BID BONDoAIA@-FEBRUARY 1970 ED.-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y, AVE., N.W., WASHINGTON D,C. 20006 CORPORATE ACKNO\VLEDGMENT STATE OFLf?~~' COUNTY OF 'l-l,-e4vr~ tember 2005 , before me personally to me, who being duly sworn, did depose and that slhe is the l.-k 'e-L ~~(.L of the Barber Construction Co., Inc. the corporation described in and which executed the foregoing instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that slhe signed her/his name thereto by like order. -&:4 -t? &",J<bL ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MJNNFSOT A COl.JNTY OF RAMSEY On the 2nd day of September 2005 before me personally appeared, M.A. Jones to me known, who being duly s\vorn, did say: that s/he resides in the City of St. Paul, MN that s/he is the aforesaid officer or attorney in fact of Merchants Bonding Company (Mutual) a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (SEAL) 1VV'..!VVv'VV\IVv,,-^'VV\/VVVVVVVV\/VV\lVVV\'1 \-....J ,~~~:ly:t:.i:t\ rl\lr;U-li E 1\:\ARdE COTY.." . I i 41'":, '.- 'I W ...... '.. , Notarv Publi Notary Public-Minnesota ' . -p' My CQrnmission Expires Jan 31, 2010 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Litton E.5, Field, Jr., M.A. Jones, F.E. Launstein, Nicole M (oty of 51. Paul and State of Minnesota its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION ($5,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1 st day of September, 2004. . . . ~(; C.o '. .. ~<::>\..... '.~.o". ..~\:>..~~PO}j> '.."1....' ..'<:" -1,..,.,:-::;:.'. .c.:.:<:- ('fl.. :~:- -0- 0:-: . 4. '. 1933 : =s:. . ....-~. . c:::-. .-~. '~. . 0:,' .:.,,(;;;;-. '. ::;if......'\'\...... .0. 1:t o. ....... STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) By ~ 7;L- Pres On this 1 st day of September, 2004, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the rv1ERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. ri" ~ 1 o..~ CINDY SMYTH Commission Number 173504 My Commission Expires March 16,2006 STATE OF IOWA COUNTY OF POLK ss. &~/~ Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 2nd day of 5 epteml;> er , , 2005 POA 0001 (9/04) 0...... ..\~G CO'. .. ~<::>..,.... ..~.o'.. ..~\:>.." ~P O}j> ".~'. . .' <:" " -1,..,. .:-::;:. . . c.:.:<:- -0- ('fl. . :~:- 0:-. :4.... 1933 .:~: .~" :~: . 0:,' .:.,,(;;;;-. .. '.;1if.......'\.,..... .0. 1;:.- .. ....... v~~~~~, Secretary DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope. Minnesota (hereinafter called Owner) and Barber Construction Co.. 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: park trail reconstruction. 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 Park Trails Reconstruction Project for the City of New Hope, Minnesota, City Project No. 787. 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 ofthe 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 Payment 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. C. Contractor shall be ready for Final Payment in accordance with Paragraph 14.07 ofthe General Conditions on or before June 9, 2006. 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc, 00520-1 AGREEMENT FORM 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as Liquidated Damages for delay (but not as a penalty), Contractor shall pay Owner $100.00 for each day that expires after the time specified in Paragraph 4.02 for Milestones and 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 Owner, Contractor shall pay Owner $100.00 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the work in accordance with the Contract Documents an amount in current funds as follows: For all work at the prices stated in Contractor's Bid, attached hereto as an exhibit for an Original Contract Amount of Fifty-Nine Thousand Eight Hundred Seventy-Two Dollars and No Cents ($59,872.00) for the Total Base Bid. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in 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 performance of the work as provided in Paragraphs 6.02.Al 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 Values, 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 determine 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). 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520-2 AGREEMENT FORNI 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 14.02.B5 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 ofthe 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 ofthe Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents 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. C. 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) repOlis 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. 000034-05174-0 @ 2005 Bonestroo, Rosene, Ander1ik & Associates, Inc. 00520-3 AGREEMENT FORM 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. 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 written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications. 6. Drawings bearing the following general title: 2005 Park Trails Reconstruction, City Project No. 787. 7. Addenda (Number One, 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. 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520-4 AGREEMENT FORM b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. 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. ARTICLEIO-NllSCELLANEODS 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 lights 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. 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520-5 AGREEMENT FORM IN WITNESS WHEREOF, Owner 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 Owner and Contractor or on their behalf. This Agreement will be effective on ~prj-pm'hpr 19, ?005 (which IS the Effective Date of the Agreement). Owner: Contractor: Ci Barber Construction Co.. Inc. " ~&lj~ Attest .Eczvt~ '/2. J50>-e,.eL Attest Address for giving notices: Address for giving notices: NORTH Po Box 5324 HO,okIN.5-; MN 553 i3 License No. (Where applicable) Designated Representative: Designated Representative: Title: c; rr'l~C}F '. '-'\ AI f',"" r ~ .",-~. " or i\!r'\r"'"':.'~:-~ II 4-4.01 l\.^/L\,)f\: ;.~\vt:r\1ut:..OJL~ni~' Name: Name: Title: Address: NEW HOPE, MN 55428 Address: Phone: '70_3 ,53/ 5700 Phone: Facsimile: ?6.3 53/ :5/3b Facsimile: END OF DOCUMENT 000034-05174-0 @ 2005 Bonestroo, Rosene, Ander1ik & Associates, Inc. 00520-6 AGREEMENT FORM DOCUMENT 00610 Bond # MNC 44102 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Addre,;,;): Barber Construction Co., Inc. 635 14th Avenue South Hopkins, Minnesota 55343 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue N New Hope, Minnesota 55428 SURETY (Name and Address of Principal Place of Business): Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, Iowa 50321 CONTRACT Date: September 19th, 2005 Amount: Fifty-nine Thousand Eight Hundred Seventy-two and no/100 ($59,872.00) Description (Name and Location): 2005 Park Trails Reconstruction Project New Hope, MN BOND Bond Number:MNC 44102 Date (Not earlier than Contract Date): September 19th, 2005 Amount:Fifty-nine Thousand Eight Hundred Seventy-two and no/100 Modifications to this Bond Form: None ($59,872.00) 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 {VlJI//;. SURETY ////....-, Company: Barber Construction Co., Inc. (Seal) Merchants BqndiJ1g Company (Nlutual) (Seal) < I, S"'etY"~?fo<po<aise:l ) fl tid!-i!1 fig, By. 7 /7. / u-a-/ Signature and 1) e: .A. Jones, Attomey-in-fact (Atta()h Powe( f torneY\r () Attest:"l( AA.ILL/(/lJJvuy\j (Space is provided below for signatures of additional parties, Signature and Title if required.) CONTRACTOR AS PRINCIPAL Company: SURETY (Seal) (Seal) Surety's Name and Corporate Seal Signature: Name and Title: By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title EJCDC No. C-610 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. 00610-1 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 written 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 commuuication 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 written 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. OWNER'S REPRESENTATIVE: Bonestroo Rosene Ander1ik & Associates 2335 West Highway 36 St. Paul, MN 55113 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 eourt 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 (I) or (2) first occurs. 1f the provisions of this paragraph are void or prohibited by law, the miuimum 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 confonning to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be eonstrued 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 Subcontraetors. 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, SURETY AGENCY OR BROKER: Name: T.C. Field & Company Address: 530 North Robert Street St. Paul, MN 55101 Phone: 651.227.8405 E.JCDC No. C-615 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. 00615-2 DOCUMENT 00615 Bond # MNC 44102 PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Barber Construction Co., Inc. 635 14th Avenue South Hopkins, Minnesota 55343 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue N New Hope, Minnesota 55428 SURETY (Name and Address of Principal Place of Business): Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, Iowa 50321 CONTRACT Date: September 19th, 2005 Amount: Fifty-nine Thousand Eight Hundred Seventy-two and no/100 ($59,872.00) Description (Name and Location): 2005 Park Trails Reconstruction Project New Hope, MN BOND Bond Number: MNC 44102 Date (Not earlier than Contract Date): September 19th, 2005 Amount: Fifty-nine Thousand Eight Hundred Seventy-two and no/1 00 Modifications to this Bond Form: None ($59,872.00) 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: Barber Construction Co., Inc. 1 f'/OrW3 SURETY /1 (Seal) Merchants Bopdjig Corgpany(1Qutual) ::e;;:r~:z;;.u-/ ~;:::~:~:'tr~~e~)~" if.me)..',;n',,,, Attest: \Lu~~ VJo~^--' Signature and Title (Seal) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: SURETY (Seal) (Seal) Surety's Name and Corporate Seal Signature: Name and Title: By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title EJCDC No. C-615 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. 00615-1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which 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 15 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 Contnlctor Default; and 3.2 Owner has declared a Contnlctor 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 Contnlct; 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 contnlctors 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 Contnlctor 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 obligations 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 funher notice Owner shall be entitled to enforce any remedy available to Owner. OWNER'S REPRESENTATIVE: Bonestroo Rosene Anderlik & Associates 2335 West Highway 36 St. Paul, MN 55113 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 defecti ve 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 perfonl1Jmce 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, whiehever 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 10tal 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. SURETY AGENCY OR BROKER: Name: T.C. Field & Company Address: 530 North Robert Street St. Paul, MN 55101 Phone: 651.227.8405 EJCDC No. C-610 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. 00610-2 CORPORATE ACKNOWLEDGMENT STA TE OF JvI/JJItJEfJOTA COUNTY OF fjfjlJA.J1=P/N On the 19th day of September 2005 . before me personally appeared, () e..RALD J pit f( f3tJf... to me, who being duly sworn, did depose and say: that slhe resides in !fE/VI./Efl# CO, ,MIU that slhe is the P RES I iJ E/v T of the Barber Construction Co., Inc. the corporation described in and which executed the foregoing instrument; that slhe knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that slhe signed herlhis name thereto by like order. (SEAL) ^,.~...,. 3c~~/Ut /? BJ/L Notary Public LYNN BARBER Public ";).,,,so\8. iiv Comrr","s::n t.Xli'r2S Jan. 31, 2010 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Ramsey On the 19Th day of September 2005 before me personally appeared, M.A. Jones to me known, who being duly sworn, did say: that s/he resides in Minnesota that s/he is the aforesaid officer or attorney in fact of Merchants Bonding Company (Mutual) a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation, f "'A..,\A;^:"^^^"..JV'/V\'A^^^^^^/\.NII\,'V\NVVV\.\ \ . (SEAL) ~,:,.,.;:",;, !\lH'~r!i F 1\!ij~8IE CaTV .. \ I ~ I 'N~;\~;;P~bi;c~~innesota Notary P~ i My Cornrn;ssion Expires Jan 31, 2010 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Litton E.S. Field, Jr., M.A. Jones, F.E. Launstein, Nicole M Coty of St. Paul and State of Minnesota its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION ($5,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed, This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002, ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1 st day of September, 2004. .....0. ..' \~G CO:.... . ~(;>........<q~.. ..~~..~ ~p 0 Ii'-i"-?~', . ,_ . c:., ...... '. .4 . . -J,"::e rf\ . . : ~:- -0- 0:-. . do... 1933 :'==: . ...,.... . c:::-. .'~. . ':'Y. . ~. .~~. '. '.1if........0- .' 000 {;{ ... 00.... STATE OF IOWA COUNTY OF POLK ss, MERCHANTS BONDING COMPANY (MUTUAL) By ~ 7;L- Pres On this 1st day of September, 2004, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written, ~~ CINDY SMYTH ~ f Commission Number 173504 10 My Commission Expires '1/' March 16, 2006 STATE OF IOWA COUNTY OF POLK ss. &{bt~ Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked, In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 19 t ~ay of S e p t et;1b e r? 2005 POA 0001 (9/04) 0.0000. .' ~G CO'. .' ~(;>~.,.... ..f1t,o'.. ..~~.,~ ~PO Ii'-i"-?~'o :Co:l:'~ ~"..4~ :~:- -0- 0:-. . do:. 1933 f==: . ...,.... . c:::-. .'~' . ':'Y. .. ~" ..-:,~. . '.1Jit.....'. \."\..... .0. -tx .. 0...... v~~~~~. Secretary DOCUMENT 00800 SUPPLEMENTARY C01\TDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Constmction 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 tel111S used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional tenns used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. ARTICLE 1 - DEFINITIONS AND TER.l\1INOLOGY SC-1.02 Add the follo\ving 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." SC-4.02 Delete 4.02.A and 4.02.B in their entirety and insert the following: A. No repOlis of explorations or tests of subsurface conditions at or contiguous to the Project Site are known to the Owner or Engineer. ARTICLE 5 - BONDS AND INSURA1~CE SC-5.0l Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC F0l111 C-61 0 and C-615 (2002 Edition) or a similar bond form if approved by Owner. SC-5.03.B Delete Paragraph5.03.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. 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-1 SUPPLEMENTARY CONDITIONS C. By requlnng 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. 'vV orker' 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 Each Occurrence $1,000,000 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. 5. The following persons or entities shall be included as additional insured on the Conmlercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: Owner. Engineer. 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-2 SUPPLEMENTARY CONDITIONS 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. ARTICLE 10 - CHAi'\TGES IN THE vVORK; 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, REMOV AL OR ACCEPTANCE OF DEFECTIVE 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 Ai'ID COMPLETION SC-14.02.B5 Add the following new item immediately after Item 14.02.B5d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-3 SUPPLEMENTARY CONDITIONS ARTICLE 16 - DISPUTE RESOLUTION SC-16.01 Delete Paragraph l6.01.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, 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. 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 infoffilation. 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, 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. the inclusion 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 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-4 SUPPLEMENTARY CONDITIONS 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 Document 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. SC-16.01.D Add the following new paragraph immediately after Paragraph SC-16.01.C: D. Notwithstanding any applicable statue of limitations, a party giving notice under Paragraph SC-16.01.Cl shall commence an action on the claim within 1 year of giving such notice and within the period of any applicable statute of limitation or repose. Failure to do so shall result in the claim being time-barred and Engineer's action or denial shall become final and binding. END OF DOCUMENT 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-5 SUPPLEMENTARY CONDITIONS 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 Park Trails Reconstmction for the City of New Hope, Minnesota, City Project No. 787. B. Description of Work: Construction and/or restoration of street sections, construction of bituminous trails, and concrete curb. C. The Owner reserves the right to award or reject any or all of the parts listed on the Bid Form. No adjustment will be made to Bid Unit Prices to those parts that are awarded. 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: I. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction should be reviewed with the Engineer and shall be removed upon completion of work. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the Owner. 000034-05174-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 011 00-1 SUMMAR Y 4. If additional space is needed, obtain and pay for such space off Project Site. 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 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-2 SUMMARY SECTION 01310 PROJECT MANAGEMENT AND COORDINATION PART 1 - GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Proj ect 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 Proj ect Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy, Gregory S. Plumedahl, 8701 Monticello Lane, Maple Grove, MN 55369; ph: 763-493-1670; fax: 763-493-1501. 5. Gas: Reliant Energy, Cherie Monson, P.O. Box 1165, Minneapolis, MN 55440-1165; ph: 612-321-5435; fax: 763-321-5480. 6. Telephone: Qwest, Carrie Oster, 9700 Schmidt Lake Road, Rm 155, Plymouth, MN 55442; ph: 763-531-8997; fax: 763-536-5098. 7. Cable TV: Comcast, Doug Zahn, 1238 Grey Fox Road, Arden Hills, MN 55112-6930; ph: 651-493-5316; fax: 651-493-5116. C. Owner requires 48 hour notice for all utility interruptions. 000034-05174-0 i9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc, 01310-1 PROJECT MANAGEMENT AND COORDINATION 1.03 PERMITS 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. 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. Proj ect Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer vvill prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Progress Meeting Procedures: 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress ofthe work, identify and discuss Project related issues, and discuss near-term construction activities. 1.06 SUBMITTALS A. Submit a minimum of 4 copies of shop drawings, plus the quantity of copies the Contractor wants returned. PART 2 - PRODUCTS Not Used 000034-05174-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01310-2 PROJECT MANAGEMENT AND COORDfNATION 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 000034-05174-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01310-3 PROJECT MANAGEMENT AND COORDfNA TION SECTION 01400 QUALITY REQUIREMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Information required for conformance to regulatory requirements. B. Quality assurance. C. Procedures to measure and report the quality and performance of the work. 1.02 REFERENCE STAi'\JDARDS A. "Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.03 SUBMITTALS A. Prior to start of work, submit testing laboratory name for various specified tests for approval by Engineer. B. Submit copies oflaboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.04 WORK1\1Ai"TSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.05 TESTS Ai'\JD INSPECTIONS A. Conform to the requirements of Article 13 of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400-1 QUALITY REQUIREMENTS C. Provide incidental labor and facilities to obtain and handle samples at Project Site or source, transport samples to laboratory, and facilitate tests and inspections for storing and curing of test samples. 1.06 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project Title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date oftest, results oftests, and confoID1ance with Contract Documents. 1.07 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.08 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop work. 1.09 MA.1'iUF ACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. 1.10 MA.1'iUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start-up of equipment; and test, adjust, and balance of equipment. 000034-05174-0 iQ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400-2 QUALITY REQUIREMENTS 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 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400-3 QUALITY REQUIREMENTS SECTION 01500 TEMPORARY FACILITIES AND CONTROLS P ART 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. P ART 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 ect. C. Temporarily hold orrelocate utilities and any miscellaneous struchlres, 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. 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01500-1 TEMPORARY FACILITIES AND CONTROLS 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. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 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. 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 of the work. 000034-05174-0 i9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01500-2 TEMPORARY FACILITIES AND CONTROLS 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 Project 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. 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. 000034-05174-0 i9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01500-3 TEMPORARY FACILITIES AND CONTROLS B. Temporary Fence: 1. Install as necessary to protect work. 2. Maintain and repair fence throughout the duration of the Project. 3. Provide Owner and Engineer with keys or combinations to any locks that may be used to secure fencing gates. 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item: 1. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 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. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05174-0 ':9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01500-4 TEMPOR.A.RY 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 02315 - Excavation and Fill. B. 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. 3733 - Geotextile. 4. 3886 - Silt Fence. 5. Special Provisions S-25. 6. Special Provisions S-250. 1,04 SEQUENCING Ar,m SCHEDULING A. Conform to MnDOT Spec. 1803.5: 1. Submit for approval the plan of operations for accomplishing temporary and permanent erosion control. 2. All temporary erosion control measures to be installed prior to any grading activities. 3. Permanent erosion control measures are to be installed when deemed appropriate during the grading process. 000034-05174-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. TEMPORARY EROSION AND SEDIMENT CONTROL 01570-1 4. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor: a. 'When the Contractor fails to conduct the quality control program, doesn't conduct the inspection required in the NPDES permit, or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. b. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required work or be subject to a $500.00 per calendar day deduction for noncompliance. B. Contractor is responsible for the establishment ofpemlanent turf in accordance with Section 02920 - Lawns and Grasses to prevent excessive soil erosion. PART 2 - PRODUCTS 2.01 SILT FENCE A. Machine Sliced Silt Fence: 1. Geotextile Fabric: MonofilamentlMonofilament Geotextile conforming to MnDOT Spec. 3886.2A, Machine Sliced: a. Width: Minimum 36 inches. 2. Posts: Standard steel T -posts with welded plate weighing not less than 1.33 pound per lineal foot. Minimum length 60 inches. Minimum embedment is 24 inches below ground surface with a maximum: a. Post spacing of 6 feet. 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. TEMPORARY EROSION AND SEDIMENT CONTROL 01570-2 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. Clearing and grubbing operations shall be so scheduled and performed so that grading operations and permanent erosion control features can follow immediately thereafter. 3. The surface area of erodible earth material exposed at 1 time by clearing and grubbing, by excavating, by fill, or by borrow shall not exceed 1/3 of the Project length without written approval of the Engineer. 4. 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. 5. Maintain and preserve riparian and naturally vegetated buffer strips along water courses. 3.02 INSTALLATION A. Silt Fence: Conforn1 to MnDOT Spec. 2573.3B3: 1. Silt fences shall be installed in locations as directed by the Engineer, using the machine sliced installation method. 2. If the silt fence is longer than 600 feet, it shall be constructed in separate independent units with each unit having a length less than 600 feet. All splices shall be avoided whenever possible: a. If necessary, splices will be made at an opposing fence post and according to the manufacturer's specifications. 000034-05174-0 iQ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. TEMPORA.R Y EROSION AND SEDIMENT CONTROL 01570-3 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-establislunent, 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 pro longed rainfall. Any required repairs shall be made immediately, 3. Upon final acceptance of the Project and establislunent ofpermanent erosion control measures, the Contractor shall remove all temporary erosion control measures. B. Sediment Removal: Conform to MnDOT Spec. 2573.3E and Special Provision S-25: 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. C. Mobilization, Emergency Erosion Control: Conform to MnDOT Spec. 2573.3H, Special Provision S-250, or as modified below: 1. Routine temporary erosion control measures are not considered to be part of Emergency Mobilization Erosion Control. D. 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. E. Acceptance of Work: Conform to MnDOT Spec. 2573.3C, 3.04 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 000034-05174-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. TEMPORARY EROSION AND SEDUvlENT CONTROL 01570-4 SECTION 01700 EXECUTION REQUIREMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Requirements for overall execution of the work and closeout ofthe Contract for Final Payment. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 1 - General Requirements Sections: 1. Record Documents, Written Notification of Substantial Completion, Executed Certificate of Substantial Completion, 'Written Notification of Final Completion, Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 2. Final Application for Payment, including accompanymg documentation IC-134 Form. PART 2 - PRODUCTS Not Used P ART 3 - EXECUTION 3.01 EXAl\l1INATION A. Acceptance of Conditions: By commencing work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing work, inspect work completed by others that is adjacent to work. If adjacent conditions prevent completion of work, Contractor will not commence work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Project Site. 000034-05174-0 i9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-1 EXECUTION REQUIREMENTS 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. C. Install each element of work during weather conditions and Project status to ensure coordination ofthe work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 PROJECT SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Project Site, Engineer will provide Written Notice of Contractor's defective work. Contractor will be given 12 hours from the Notice to clean Project Site. After the 12 hour period, Owner may correct the defective work consistent with Article 13.09 ofthe Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect work in progress and adjoining work during handling and installation. Apply protective covering on installed work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-2 EXECUTION REQUIREMENTS 3.05 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 & 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC-134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Forms Section, Mail Station 1173, St. Paul, MN 55146-1173 or by calling (651) 296-4444. 3.06 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 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc, 01700-3 EXECUTION REQUIREMENTS SECTION 02225 REMOV ALS PART 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 RELATED SECTIONS A. Section 02315 - Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Constmction," 2000 Edition (MnDOT Spec.): 1. 2104 - Removing Pavement and Miscellaneous Structures. 1.04 DEFINITIONS 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. C. Abandon: To fill, bulkhead, or close offpipes and structures so that no settlement or flow can occur. 1.05 REGULATORY REQUIREMENTS A. Conform 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. 000034-05174-0 .:Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-1 REMOVALS 1.06 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 ofthe various parts of this work. B. Fill holes or depressions resulting from removal or salvage immediately. 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 PART 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 consistent with Section 02315 - Excavation and Fill. 3.02 EXAi\1INATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. 000034-05174-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-2 REMOVALS 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of work. All Project Site fencing shall be in place prior to the start of any removal 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. 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. Avoid disturbance to any material beyond the limits required for new constmction. 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. 3.04 SA "WING PAVEMENT A. Concrete Pavement: Saw along the removal line to a depth of 1/3 of the 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. C. Pavement that must be sawn a second time due to lack of protection or poor quality of the first cut will not be compensated a second time. 3.05 REMOVE BITUMINOUS PAVEMENT, PATH, DRIVEWAY A. Remove in accordance with MnDOT Spec. 2l04.3B, 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. 000034-05174-0 iQ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-3 REMOVALS 3.06 REMOVE CURB AND GUTTER A. Sawcut at removal limits (incidental to curb removal). 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). C. Bituminous Curb: Bituminous curb is to be removed with the pavement. No additional compensation will be made for the curb removal. 3.07 FIELD QUALITY CONTROL A. 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. 3.08 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. 3.09 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 Bituminous Pavement: Per lineal foot along the saw cut line as staked. 2. Remove Bituminous Pavement: Per square yard without regard to thickness, including any integral bituminous curb. 3. Remove Concrete Curb and Gutter: Per lineal foot of the type specified. 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 000034-05174-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates. Inc. 02225-4 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 RELATED SECTIONS A. Section 02315 Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2101 - Clearing and Gmbbing. 2. 2571 - Plant Installation. 1.04 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with a bmsh 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: in the designated areas. D. Tree TrimmingIPnming: Cutting broken, damaged, or obstmcting branches and installing wound dressing. E. Remove: Removing and disposing of branches, roots, and other remains. 1.05 PROJECT/SITE CONDITIONS A. Protect specimen trees close to work that are designated to remain, but may be damaged by work. 000034-05174-0 11:;1 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230-1 SITE CLEARING 1.06 SEQUENCING AND SCHEDULING A. Complete before or sufficiently ahead of on-going rough grading, excavation, backfill, and compacting for utilities. B. Install temporary erosion control measures prior to work of this Section. PART 2 - PRODUCTS 2.01 'WOUND DRESSING A. Asphalt base tree paint. B. Other acceptable materials per Engineer's approval. p ART 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 of this 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 Bmsh: Cut even with the ground surface. C. Grubbing: Remove brush, stumps, roots, and other remains to a minimum depth of 6 inches below subgrade for all proposed sections. D. All depressions resulting from the grubbing operations shall be backfilled in accordance with Section 02315 - Excavation and Fill. 3.03 TRIMMING AND PRUNING A. As directed by the Engineer, trim trees that are to be saved but interfere with the proposed construction. Paint all cuts with wound dressing. 000034-05174-0 iQ 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 02230-2 SITE CLEARiNG 3.04 STRIPPING A. After clearing and gmbbing 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 (branch spread) of trees identified to remam. 3,05 DISPOSAL A. Dispose of all cleared and gmbbed material and debris outside the right-of-way at a location selected by the Contractor, except for trees and logs to be salvaged. B. Disposal site should be a properly designated landfill area as determined by appropriate governmental agencies or lands under direct control of the Contractor. C. Stripped materials not used for embankments shall be disposed off Project Site. D. Onsite burial of any debris is not pemlitted. 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. D. Install temporary fencing at the construction limits and drip lines of trees to be protected prior to any constmction activities in order to protect vegetation. 3.07 MEASUREMENT AL'ID PAYMENT A. Sod Removal: This work is considered incidental to the other work of the Contract. B. Windfall/Deadfall Removal: This work shall be incidental to the Project with no direct compensation. 000034-05174-0 iQ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230-3 SITE CLEARlNG C. Brush Removal: This work shall be incidental to the Project. D. Stripping and Stockpiling of Soil: This work shall be considered incidental to other work in the Contract. E. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-05174-0 iJ:i 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230-4 SITE CLEARING SECTION 02315 EXCAVATION Ai'ID FILL PART 1- GENERAL 1.01 SECTION INCLUDES A. Excavation and fill for roadways, trails, foundations, and other areas. 1.02 RELATED SECTIONS A. Section 02225 - Removals. B. Section 02230 - Site Clearing. C. Section 02318 - Sub grade Preparation. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 1.04 SUBMITTALS A. Submit the following items: 1. Gradation tests for borrow materials. 1.05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein: 1. Common Excavation: In locations where the design cross section is in a cut section, common excavation shall be classified as all excavation above the grading grade. In areas where the design cross section is in a fill section, common excavation shall consist of excavation below topsoil stripping. 000034-05174-0 iJ:i 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02315-1 EXCA V A TrON AND FILL 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.07 SEQUENCING Ai'ID SCHEDULING A. Complete finish grading of turf areas within 5 calendar days after backfill. PART 2 - PRODUCTS Not Used. PART 3 - EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein: 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 01570 - Temporary Erosion and Sediment Control prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02225 - Removals. 5. Strip topsoil consistent with Section 02230 - Site Clearing. 3.02 PREPARATION OF EMBAi'fK.MENT A. Confoffi1 to MnDOT Spec. 2105 .3B, or as modified herein: 1. Engineer's approval is required of all areas where preparation work has been performed prior to the placement of the embankment or fill material. 2. Where embankment is to be constructed over swamp, marsh, or other locations where the foundation material is unstable, the foundation shall be excavated to remove all or part of the unstable material. 000034-05174-0 iJ:i 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02315-2 EXCA V A T10N AND FILL 3.03 EXCAVATION OPERATIONS A. Confoffi1 to MnDOT Spec. 2105.3C, or as modified herein: 1. Perform excavations to the alignment, cross section, and grade as shown on the Drawings and staked by the Engineer. 2. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 3. Remove muck excavation material by utilizing a backhoe so as to minimize disruption to the bottom of the excavation. 4. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 5. No solid rock will be allowed within 12 inches of the subgrade. 6. Provide and maintain temporary drainage facilities until peffi1anent facilities are completed. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3D, or as modified herein: 1. Strip topsoil consistent with Section 02230 - Site Clearing. 3.05 PLACING EMBANK.l\1ENTS A. Conform to MnDOT Spec. 2105.3E, or as modified herein: 1. Topsoil placement shall conform to Section 02920 - Lawns and Grasses. 3.06 COMPACTING EMBANK.l\1ENTS A. Confoffi1 to MnDOT Spec. 2105.3F, or as modified herein: 1. Compaction required for embankment materials shall conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 000034-05174-0 iJ:i 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02315-3 EXCA V A TION AND FILL 3.07 FINISH OPERATIONS A. Conform to MnDOT Spec. 2105.3G, or as modified herein: 1. Finish grading of sub grade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Finish grading of granular material for sub grade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 3. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Common Excavation. Measurement will be by volume of material in its original position, based on cross sections performed by the Engineer, and computed by the average end area method using the original and final cross sections. The Common Excavation Bid Item includes excavation and disposal of excavated material off-site. 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 000034-0517 4-0 iJ:i 2005 Bonestroo, Rosene, Ander1ik & Associates, Inc. 02315-4 EXCA V A TrON AND FILL SECTION 02318 SUB GRADE PREPARATION PART 1 - GENERAL 1.01 SECTION INCLUDES A. Grading, shaping, and compacting sub grade prior to placing a base or surface course. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 2111 - Test Rolling. 1.04 SEQUENCING Ai'ID SCHEDULING A. Subgrade preparation shall be performed prior to placement of the aggregate backfill material if excavation and rough grading of sub grade is not performed under this Contract. B. Subgrade preparation shall be performed prior to placement of the concrete curb and gutter. C. 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. 000034-05174-0 :1:) 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02318-1 SUBGRADE PREP AM TrON 3.02 PREPARATION A. Inspection of sub grade by test rolling conforming to MnDOT Spec. 2111, or as modified herein: 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The road bed will be considered unstable if yielding and rutting is greater than 1-112 inch. 3.03 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 subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3.04 FINISH OPERATIONS A. Subgrade tolerance shall confoffi1 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. 3.05 MEASUREMENT Ai'ID 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 000034-05174-0 i1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02318-2 SUBGRADE PREP ARA TION SECTION 02720 AGGREGATE BASE COURSE PART 1 - GENERAL 1.01 SECTION INCLUDES A. Requirements for aggregate base course on a prepared sub grade. 1.02 RELATED SECTIONS A. Section 02318 - Subgrade Preparation. B. Section 02740 - 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 Ai'ID 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 (string line) . PART 2 - PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. 000034-05174-0 Il';) 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02720-1 AGGREGATE BASE COURSE PART 3 - EXECUTION 3.01 PREPARATION A. Prepare the sub grade in accordance with Section 02318 - Sub grade 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. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, detennine 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. 000034-05174-0 i1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02720-2 AGGREGATE BASE COURSE 3.05 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Aggregate Base, Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer: 1. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 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 000034-05174-0 iJ:i 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02720-3 AGGREGATE BASE COURSE SECTION 02740 PLANT MIXED ASPHALT PAVEMENT PART 1- GENERAL 1.01 SECTION INCLUDES A. Hot plant mixed asphalt-aggregate mixtures for weanng and non-weanng pavement courses. B. Bihlminous 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. Attached version of Specification 2360 Plant Mixed Asphalt Pavement (Combined 2360/2350 (GyratorylMarshall Design) Specification). 2. 2357 - Bituminous Tack Coat. 3. 2535 - Bituminous Curb. 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. Contractors shall submit mix design report for all projects, regardless of the size of the project. C. Contractor shall submit Q/C results in accordance with MnDOT Spec. 2360AF. 000034-05174-0 i1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-1 PLANT MLXED ASPHALT PA vEiv!ENT 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 48 hour notice for scheduling and noticing of the residents prior to paving operations. C. Bituminous cores for testing shall be taken 12 to 48 hours after paving operations. PART 2 - PRODUCTS 2.0 1 MATERIALS A. Mixture Designation: Confoffi1 to MnDOT 2360.1, except as modified in the typical section Detail Drawing and Bid Form. 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) (2360.2A.2j) will not be allowed in either bihlminous wear or non-wear course pavements. C. Bituminous Tack Coat: 1. Bituminous Material: Confonn to MnDOT Spec. 3151: a. Emulsified Asphalt, Cationic, CSS-1 or CSS-2. D. Asphalt Binder Material: Conform to MnDOT Spec. 2360.2G and as identified in the Mix Designation. E. Mixture Design: Confonn to MnDOT Spec. 2360.3. 000034-05174-0 <9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-2 PLANT MLXED ASPHALT PA vEr,lENT F. Mixture Quality Management (Quality Control/Quality Assurance): Conform to MnDOT Spec. 236004, 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 236004-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 236004-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 236004-E: a. A verification sample will be taken by the Engineer. The Contractor will be required to use the verification companion sample as part of the QC testing program. 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, hauling routes, and placement of pavement markings. C. Preparation of Bituminous Non Wear Course: 1. Final clean up of the bituminous surface with the use of a power pickup broom and front end loader 2. Adjustment of structures. D. 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). 000034-05174-0 i1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-3 PLANT MIXED ASPHALT PAVEMENT 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.5B, except as modified herein: 1. All street 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 or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.5C. 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 limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due lack of notification or signage of the area being tack coated. C. Equipment: 1. Confoffi1 to MnDOT Spec. 2321.3C1. D. Road Surface Preparation: 1. Conform to MnDOT Spec. 2357.3C. 000034-05174-0 iJ:i 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-4 PLANT MIXED ASPHALT PAVEMENT 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. 2. All other Pavement Density shall confoffi1 to Section 2360.6B - Maximum Density Method. 3. Modify Table 2360.6-B2a Lot Determination as indicated below: Daily Production (Tons) Lots 200 to 1000 1 1001 to 2000 2 2001 to 3600 .., ;) 3601 to 5000 4 5001 + 6 Daily production 0 to 200 tons is at the discretion of the Engineer. 4. Modify Table 2360.6-B4 "Payment Schedule for Maximum Density" as indicated below. This modification is intended to eliminate incentive payments for pavement density: 000034-05174-0 iJ:i 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-5 PLANT MLXED ASPHALT PAVEMENT Percent of Max Specific Gravity (L) Percent of Max Specific Gravity (2) SP Wear (::;100 mm [4 inches] from SP Non-Wear (> 100 mm [4 inches] from Percent Surface) Surface) Payment All MV & LV , SP Shld (4% Void) SP Shoulders (3% Void) 93.6 and above 94.6 and above 100 (3) 93.1 to 93.5 94.1 to 94.5 100 (J) 92.0 to 93.0 93.0 to 94.0 100 91.0 to 91.9 92.0 to 92.9 98 90.5 to 90.9 91.5 to 91.9 95 90.0 to 9004 91.0 to 91.4 91 89.5 to 89.9 90.5 to 90.9 85 89.0 to 8904 90.0 to 9004 70 Less than 89.0 (4) Less than 90.0 (4) Table 2360.6-B4 Payment Schedule for Maximum Density B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 THICK.1'\ffiSS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.7, except as modified herein: 1. Delete Section 2360.7C Pavement Smoothness. 3.07 MEASUREMENT AND PAYMENT A. Method of measurement and payment shall conform to MnDOT Section 2360.8, except as modified herein. B. A Bid Item has been provided for bituminous material for Tack Coat: 1. Measured by volume in gallons at 600 F. 2. Payment for bituminous material used for Tack Coat includes compensation in full for all costs incidental to the furnishing and application at the Bid Unit Price per gallon. 3. Cleaning of all debris and dirt from the previous bituminous surfaces prior to placement of Tack Coat is included in the Bid Unit Price for Tack Coat. 4. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with base course placement is considered incidental to the placement of the base course. 000034-05174-0 iJ:i 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-6 PLANT MLXED ASPHALT PA vEivlENT C. Bid Items have been provided for different types of bituminous mixtures: 1. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT Combined 2360/2350 (GyratorylMarshall Design) Specification. 2. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. 3. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. 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 000034-05174-0 i1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 027 40-7 PLANT MIXED ASPHALT PAVEMENT (2360) PLANT MIXED ASPHALT PAVEMENT Combined 2360/2350 (Gyratory/lVlarshall 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 O\vner does not make any guaranty or wananty, either express or implied, that compliance with one part of this specification guarantees that the Contracto, 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 show11 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 Drawings through the mixture designation. A (4) ;VIixture Designations Mixture designations for asphalt mixtures contain the following information: (1) The first two letters indicate the mixture design type: SP = Gyratory Mixture Design LV = Marshall J\Iixture Design Low Volume, 50 blow lvlV = Marshall Mixture Design - Medium Volume, SO blow SM = Gyratory ?\Jixture Design for Stone Matrix Asphalt (SMA) (2) The third and fourth letters indicate the course: WE = Wearing and Shoulder \Vearing Course NW = Non-\Vearing Course (3) The fifth letter or number indicates the maximum aggregate size*: A or 4 = 12.5mm [112 inch], SP 9.5 B or 3 = 19.0mm [3/4 inch], SP 12.5 Cor 2 = 25.0mm [1 inch], SP 19.0 5 = 9.5mm [3/8 inch], (Marshall design only) E = See provision for SMA design * Letter is used in gyratory designation; number is used in Marshall designation 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 shoWTI below in Table 2360.1-A. 2360/2350 Combined Specification December 1, 2004 Traffic Level 20 'leaf Design ESAL's (l x lOb ESAL's) 21 < 1 ~- 1 to < 3 .) 4 3 to < 10 5 10 to < 30 6 SMA Table 2360.1-A Traffic Levels 1 n (AADT c\- 2300) 2 n (2300< AADT <6000) For I\Iarshall Design: The sixth and seventh digit indicate the Marshall design blows: 50 blow design for both LV and MV mixttlres (5) The last t\VO digits indicate the air void requirement: 40 = 4.0% for SP and SM Wear mixtures 35 = 3.5% for lvlV Wear and Non-Wear 30 = 3.0% for LV \Vear and Non-Wear and SP Non-\Vear 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 I = PG 70-34 L = PG 64-22 Ex: Gyntory Mixture Designation -- SPWEB540E (Design Type, Lift, Agg Size, Traffic Level, Voids, Binder) Ex: Marshall Mixture Designation - L VWE35030B (Mix Type, Lift, Agg Size, ivlarshall 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-wear only): * l\.'1arshall designation Minimum Lift thickness = 40 mm [1 Yo inch] Minimum Lift thickness = 20 mm [3/4 inch] Minimum Lift thickness = 65 mm [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. Coafse aggregate shall be free from coatings of clay and silt to the satisfaction of the Engineer. Page 2 of 48 236012350 Combined Specification December L 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 uniforn1 rate from its storage unit. An individual source, class, type, or size of material shall not be stockpile blended with another source, class, t::ipe or size of material. A" 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 Forn1ation. 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 quanies 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 cmshed 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 canyover (material finer 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%. .. "0 "''-\.-0 Taconite Tailings (TT) Taconite tailings shall be obtained from ore that is mined \vesterly of a north-south line located east ofBiwabik, 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 allov,;able RA.P percentage. Refer to Section 2360.2 G1 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 Ivln/DOT's Office of Environmental Services, Environmental Analysis Section, will be allowed for use in the mixture. Approved \vaste incinerator ash sources are on file with the Department Bituminous Engineer. A3 Recycled Asphaltic Pavement Materials (R~P) 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). Ri\P 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 Ivln1DOT 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 mm [#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 mm [3/8 inch] or larger, prior to mechanical crushing. The material which passes the 9.5 mm [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 mm [3/8 inch] screen shall be crushed. The material that passes the 4.75 mm [#4] screen, after crushing, will be considered as 100% crushed fines. Material retained on the 4.75 mm [#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 Rattier Test ..........................................................................................A.ASHTO T96 The Los Angeles Rattler loss on the coarse aggregate fraction (material retained on the 4.75 mm [#4] sieve shall not exceed 40 percent for any individual source used within the mix. An aggregate proportion which passes the 4.75 mm [#4] sieve and exceeds 40 percent LAR loss on the coarse aggregate fraction is prohibited from use in the mixture. C2 Soundness (Magnesium Sulfate) ............................................................................A.l\SHTO T1 04 The magnesium sulfate soundness loss at 5 cycles on the coarse aggregate fraction (material retained on the 4.75 nun [#4]) shall not exceed the follo\ving for any individual source used within the mix: * a) No more than 14 % loss on the 19 nun [3/4 inch] to 12.5 mrn [112 inch] and larger fractions. b) No more than 18% loss on the 12.5 mm [112 inch] to 9.5 mrn [3/8 inch] fraction. c) No more than 23% loss on the 9.5 mrn [3/8 inch] to 4.75 mrn [#4] fraction. d) No more than 18~''O for the composite loss. (Applies only ifall 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 nun [#4] 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, pYTite, highly weathered and/or soft phyllite and argillite (may be scratched with a brass pencil), and other materials having similar characteristics. Lumps are defined as loosely bonded aggregations and clayey masses. If the percent of lumps measured in the stock.--pile 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 Insoluble Resid ue Test ....................................................................Mn/DOT Laboratory Manual If Class B carbonate material is used in the mix, the minus 0.075 mm [#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 fine 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 mm [-#200] wash) and T-27. Page 5 of 48 2360/2350 Combined Specification December 1, 2004 ,0 paSSin (J 0 tota was e gra ation) Sieve Size A or 4* B or 3* Cor 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( ) 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 (01. f I h d d *l'VIarshall Designation \Vith the approval of the Engineer, the gradation broadband for the maximum aggregate size may be reduced to 97% passing for mixtures containing RA.P, 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. If the Engineer directs the Contractor to incorporate additives, the compensation \vill be as Extra Work, at the unit price specified in the proposal. The Dcpartmcnt 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 IVli n er a I Fill er ............................................................................................................................ 3145 F2 Hyd ra ted 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 \Vhen 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 Mn/DOT 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 mixrure and asphalt binder must also be met when liquid anti-strip is added at the HMA plant site. 1) 2) 3) 4) 5) 6) 7) 8) 9) F4 G Mixture Requirements at Design: 1) The Contractor must design the mixrure with the same asphalt binder that will be supplied to the plant site. (Both Laboratory Mixrure 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 w'ith 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 Testing 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 dYl1amic 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 Mn/DOT 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 1/project). Test results shall be sent to the Engineer and I\'1n/DOT 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 E12. Liquid Anti-Strip Additive Metering 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 'ons rtons] 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 2: one percent elTor. 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 OCCUlTed. Alternative blending and metering systems must be pre-approved by the Engineer Coating and Anti-Stripping Additive ...................................................................................... 3161 Asphalt Binder lVlaterial ......................................................................................A..ASHTO IVI320 Asphalt binder material shall meet the requirements of PO asphalt binder testing tolerances, sampling rates, testing procedures, and acceptance criteria based on the most cUlTent MniDOT Technical Memorandum, titled "Inspection, Sampling, and Acceptance of Bituminous Materials." The PG asphalt binder cannot be modified with air blowing procedures unless the Department Biruminous 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 I, 2004 Gl Asphalt Binder Selection Criteria for AlllHixtures with RC\P Overlay Specit1ed PG Asphalt Virgin Asphalt Binder Grade to be used with Rc\P Binder Grade < 20% Rc\P > 20% Rc\P 64-22 64-22 64-28 Other PG Grades No grade adjustment No grade adjustment New Construction (1) Specified PG Asphalt Viroin Asphalt Binder Grade to be used with Rc\P Binder Grade < 20% Rc\P > 20% Rc\P 52-34 52-34 Not allowed * 58-28 58-28 58-28 58-34 58-34 Not allowed * 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. IvlniDOT 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 cUlTent AASHTO T-245, the Asphalt Institute's Mix Design Methods for Asphalt Concrete MS-2, and the MrvDOT Laboratory Manual such that it meets the requirements of this specification. F or Marshall design, the design air void content of the mixture is dependent on the mixture ty-pe, regardless of the location in the pavement structure. Design air void content for L Y and MY mixtures is 3.0% and 3.5%, respectively. It is the Contractor's responsibility to design a gyratory mixture in accordance with the most cUlTent 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 Mn/DOT 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 4.0S'O at the design number of gyrations (Ndesign) for mixtures placed in the upper 100 mm [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 mm [4 inches] from the surface and on all (wear and nonwear) shoulders that do not caITy traffic. If less than 25% of a layer is within 100 mm [4 inches] of the surface, the layer may be considered to be below 100 mm [4 inches] for mix design purposes (non-wear). Page 8 of 48 2360/2350 Combined Specification December I, 2004 eSlgn Air 'oid equirement for GvratorY Mixtures SP Wear SP Non-wear SP Shoulder** Location from ~ 100 mm [4 inch]* > 100 mm [4 inch]* All Wear and surface Non-Wear Air Voids 4.0% 3.0~~ 3.0% D . . \ R * If less than 25% of a layer is within 100 mm [ 4 inches] of the surface, the layer may be considered to be below 100 mm [4 inches] for mix design purposes. ** Shoulders that do not calTY 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 IS 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 of representative aggregate retained on the 4.75 mm sieve [#4] and a 15 kg [35 pound] sample of material passing the 4.75 mm 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 defined 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 \\Titing a proposed Job [vIix Formula (J?vlF) for each combination of aggregates to the Department Bituminous Engineer or District Materials Engineer for review. A Level II Quality ?vlanagement mix designer must sign the proposed JJ'vlF. 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 J?v1F shall be submitted on folTl1S 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: ! . lxture am e eqUlrements Item Gyratory Design .Marshall Design Un-compacted [vlixture Sample Size 30 Kg [75 pounds] 18 Kg [40 pounds] Number of compacted briquettes 2 3 Table 2360.3-B2 1\1' S 1 R 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 Table 2360.3-B2a l\Iixture Aggregate Requirements Traffic Traffic Traffic Traffic SMA Aggregate Blend Property Level 2& LV Level 3 & MV Level 4 LevelS T. Level 6 20 year Design ESAL's <1 million 1 - 3 million 3 - 10 10 - 30 See SrvlA million million Provisions Coarse Aggregate Angularity (ASTM D5821) 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) 42'1) 44 45 - %-Non-\Vear 40(2) 40(1) 40 40 Flat and Elongated Particles, maxi") % 10 10 10 by weight, (ASTM D 4791) - (3: 1 ratio) (3: 1 ratio) (3: 1 ratio) - Clay Content\.) (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% +4.75nm1 [+#4] Final Lift/All other Lifts 100/1 00 100/1 00 50/1 00 0/100 - GYTatorv 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 \Vear (1) For Marshall design, the Contractor may determine -4 crushing by either FAA of un compacted 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%. R.6"P sand will be considered 50% crushed if the angularity index equals or exceeds 40, and 1 00% 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 cOlTesponding requirements listed in Table 2360.3-B2b and Table 2360.3-B2c. Page 10 of 48 2360/2350 Combined Specification December 1, 2004 1 ' Ixture eqUlrements Traffic Level Traffic Level Traffic Level Traffic Level SlvlA 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 Gyntory II/lixture Requirements GYTations for Ninilial 6 7 8 8 - Gyntions for Ndesi!!T1 40 60 90 100 - GYTations for Nmaximum 60 90 140 160 - Air Voids, % -- Wear 4.0 4.0 4.0 4.0 Air Voids, ~'o u Non-Wear & All 3.0 3.0 3.0 3.0 - Shoulder % G,run at N initial - \Vear - ~ 91.5 ~ 90.5 ::; 90.0 %, Gmm at Ninitial- Non-Wear & - ::; 92.5 ::; 91.5 ::; 91.0 All Shoulder ~/o Gmm at Nmaximurn - \Vear ::; 98.0 ::; 98.0 ~ 98.0 ::; 98.0 - % Gmm at Nmaximum- Non\Near & ::; 99.0 ::; 99.0 ::; 99.0 ::; 99.0 - All Shoulder Tensile Strength Ratio (I), min~/o 75'") 75(~) 801J) 80'~) - Fines/Effective Asphalt 0.6 - 1.2 0.6 - 1.2 0.6 - 1.2 0.6 - 1.2 - VFA, % u 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 II), min% 70(4) 70(4) Stability, minimum N [Ib f] 5000 [1125J 6000 [1350J 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 1\1' R (I) See Section 2360.4 E9. Use 150mm [6 inchJ specimens for gyratory and 100mm [4 inchJ specimens for Marshall design. (2) Mil/DOT Min~ = 65, (3) MnlDOT Min = 70, (4) Mn/DOT Min = 60 B2c VlVlA Criteria The voids in mineral aggregate (VJ\IA) 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 SIn; , Inera A~gregate l'A ~ Ixture eqUlrements Gradation Fine Mixture V:\iLA. Coarse II/fixture VMA % Pass 2.36 mm [#8] Minimum % Pass 2.36 mm [#8J Minimum A or 4 * >47 15.0** ::; 47 14.5* B or 3* > 39 14.0 ::; 39 13.5 Cor 2* > 35 13.0 ::; 35 12.5 5* ----- 15.0** ----- ----- E See SMA Provisions Y 'd . 1\1' Table 2360.3-B2c (Vl\I ) l\I' R *Marshall designation. **For LV 4 and LV 5 mixes lower VMA requirements by 0.5% Page II of 48 2360/2350 Combined Specification December 1, 2004 B3 Tensile Strength Ratio sample l'vlixture 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). lvlaterial submitted for TSR verification may be tested for maximum specific gravity Gnun 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 l'vlaterials Laboratory for curing and test verification. Both groups will use a two (2) hour cure time (::t: 15 minutes) at 1440C [2900F] and follow procedures in ASTM D 4867-92, Mn/DOT modified as defined in the Mn/DOT Laboratory !vlanual. Option B) The Contractor batches, cures (as indicated in option A), compacts, and submits briquettes and uncompacted mixture as specified below. 'ption ! lXture eQUlrements Item Gvratory Design Marshall Design Un-compacted .Mixhlre 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 B 1\1' R ))Omm [6 mch] speCimens for gYTatory deSIgn 100mm [4 inch] specimens for Marshall design B4 Aggregate Specific Gravity .....................................A.ASHTO T84 and T85, MnlDOT 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 mm 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 Ri\P. (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 RA.P). Use AASHTO T-84 and T-85 MnlDOT modified as defined in the Mn/DOT Laboratory Manual. The tolerance allowed between the Contractor's and the Department's specific gravities are Gsb (individual) = 0.040 [+4 A:NTI -4] and Gsb (combined) = 0.020. (7) The composite gradation plotted on a FH\VA 0.45 power chart. (Federal form PR.-11IS) Pagel20f48 236012350 Combined Specification December 1, 2004 (8) For mixtures containing R.A..P include extracted asphalt binder content of the RA.P 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 (m.inimum 0.4 percent between each point), \vith 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 (FI 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-Rock/Add-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 t\VO 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 J?v!F 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 t\VO additional points. Page 13 of48 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 JMF 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/Ac (Fines to effective asphalt ratio), Densification %Gmm at Ninitia}, Ndesigm and NMaximum' (G5) Labeled gyratory densification tables and curves, generated from the gJTatory compactor, for all points used in the mixture submittal. Marshall Design (M 1) The test results from the composite aggregate blend at the proposed JMF proportions indicating compliance with fine aggregate angularity uncompacted voids as ShOWl1 in Table 2360.3-B2a. Or calculated -4.75 mm [-#4] crushing from the composite blend of the proposed ThfF. Selection of either FAA or -4.75 mm [-#4] 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. RI\P 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 lVlodified l\Iixture 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 following 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 \N ork relating to mixture design or mixture production within the last 12 month period. Page 14 of 48 2360/2350 Combined Specification December 1, 2004 D1 JMF Submittal At least 2 working days prior to the start of asphalt production, the Contractor shall submit in \Hiting a proposed Job Mix Fornmla (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 conforn1ance 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 }.fI1IDOT 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 Depo.rtrnent 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 l\Iarshall Stability (Marshall 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 Depo.rtmcnt Owner evaluation of Marshall stability. This sample may be tested at the discretion of the District :'.laterio.ls En.;inecr Engineer. The Contractor is not required to test stability on production mixture. If the ivlarshall 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. If the 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 ivIix 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 JMf (Job Mix Formula). The JIvlF 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. JMF limits will be shown for gradation control sieves, percent asphalt binder content, air voids, and \0IIA. Issuance of a ivIixture Design Report confirms the mixture has been reviewed for and meets volumetric properties only. No guaranty or walTanty, 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 l\IA1"AGEMENT (Quality Control/Quality Assurance) A Quality Control (Qq 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 Mn/DOT Bituminous Manual. (4) Obtain a Mixture Design Report prior to production. Alb 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 Department 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 sllspension and before producing material for a Project. In addition, a first-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 neVi location or a previously occupied location. Alc 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 of 48 2360/2350 Combined Specification December 1, 2004 B Quality Assurance (QA) The Department O\\TIer 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 perfom1ed by the QC personneL Taking additional samples at any time and any location during production. Monitoring the required QC sunm1ary sheets and control charts. Verifying calibration of laboratory testing equipment. Communicating ~,In'DOT Owner test results to the Contractor's QC personnel in a timely manner. Ensuring Independent Assurance Sampling and testing requirements are met. C Contractor's Quality Control Cl 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 cUlTent 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 firn1 shall have Certified Technicians \vho have met the requirements on file with the Department's Technical Certification program. Individuals perfom1ing process control testing must be certified as a Level I Bituminous Quality lvlanagement (QM) Tester. Individuals performing mix design calculations or mix design adjustments must be certified as Level II Bituminous QM l\1ix Designer. The Contractor shall have a Certified Level II Bituminous QM Mix 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 rvIrvDOT Bituminous :tvlanual and these specifications, including having extraction capabilities. The laboratory shall be calibrated, and operational prior to the begilming of production. In addition to the requirements listed above, the laboratory shall be equipped \V'ith 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 follo\ving minimum requirements: 1) Intel based with either Celeron or Pentium IV processor with a minimum processor speed of 1.8 MHZ. 2) CD \Hiter with CD/RW 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 cOlTelate 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 rvlanual Section 5-693.7 Table A or Section 5 ofASTM 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 tOlmage for each mixture to be produced during the production day. Divide the planned production by 1000. Round the number to the next higher \vhole 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 first 1800 metric tons [2,000 tons] of each mix type shall be as follows: d Table 2360A-D S r T R Pro uctlOll tart- Jp estmg ates Production Test Testing Rates Test Reference Section Bulk Specific Gravity 1 test per 450 metric tons [500 tons] AASHTO T312,T166 Mn/DOT 2360.4E2 modified ivlaximum Specific Gravity I test per 450 metric tons 500 tons 1 AASHTO T209 MnlDOT modified 2360.4E3 Air Voids (calculated) 1 test per 450 metric tons [500 tons] AASHTO T269, T312 2360.4E4 Asphalt Content I test per 450 metric tons 500 tons 1 Bit & Lab Manual 2360.4E 1 VMA (Calculated) 1 test per 450 metric tons 500 tons 1 AI 1v1S 2 & SP 2 2360.4E5 Gradation I test per 900 metric tons 1000 tons 1 AASHTO TII, T27, T30MnJDOT modified 2360.4E6 Coarse Aggregate Angularity I test per 900 metric tons [1000 tons 1 ASTM D5821 2360.4E7 Fine Aggregate Angularity I test per 900 metric tons [1000 tons] AASHTO T304, Method A 2360.4E8 (FAA)(I) (1) Marshall design allows -4.75mm [-#4] manufactured crushed fines calculation per MnlDOT Bituminous Manual E Production Tests When more than one MwDOT approved test procedure is available, the Contractor shall select, with the approval of the Engineer, one method at the begilming 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 of 48 2360/2350 Combined Specification December 1, 2004 Table 2360A-E Production Sampling and Testing Rates Production Test Sampling/T esting Rates Test Reference Section Bulk Specific Gravity Divide the planned production by 1000. Round the AASHTO T312, T245 TI66 2360.4E2 number to the next higher whole number. tvln/DOT mod Maximum Specific " AASHTO T209 MnlDOT 2360.4E3 Gravitv modified Air V oids (calculated) " AASHTO T269. nl2 2360.4E4 Asphalt Content " Bit & Lab tvlanual 2360.4El YMA (Calculated) " AI MS 2 & SP 2 2360.4E5 Gradation 1 gradation per 1,800 metric tons [2,000 tons], or AASHTO Tl1, T27, 2360.4E6 portion thereof (minimum of one per day) nOMn/DOT modified Coarse Aggregate 2 tests/day for a minimum of 2 days, then 1 per day if ASTlvl D5821 Angularity CAA is met. IfCAA >8% of requirement, 1 sample/day 2360.4E7 but test l/week. Fine Aggregate 2 tests/day for a minimum of 2 days, then I per day if AASHTO T304, Method A Angularity (FAAlI) FAA is met. If FAA >5% of requirement, 1 sample/day 2360.4E8 but test 1/week. TSR 1 S! sample at 5,000 tons or by second day of production, ASTM D4867 Mn/DOT 2360.4E9 then sample at everv 18,000 merric tons f20,000 tonsl modified Aggregate Specific 1 per 9,000 metric tons [10,000 tons] AASHTO T84 & T85, 2360.4E 1 0 Gravity l'vln/DOT modified lvlixture Moisture Daily unless exempted by Engineer lvln!DOT 5-693.950 2360.4E 11 Content Asphalt Binder Sample]S! load (each grade) then I per 1,000,000 liter lIIn/DOT 5-693.920 2360.4E12 f250,000 gallon-sample size] quart.l (1) Marshall design allows -4.75mm [-#4] manufactured crushed tines calculation per MnlDOT Biruminous Manual (a) (b) (c) (d) Asphalt Binder Content Spot Check (Virgin only)....................................................................MnlDOT Bituminous lvlanual Incinerator Oven (I) ........................................................ Mn/DOT Laboratory Manual Method 1853 Chemical Extraction ........................................Mn/DOT Laboratory Manual Method 1851 or 1852 Meter Method (Virgin only) ................................................................Mn/DOT Biruminous Manual El (1) Incinerator Oven may not be used when the percentage of Class B material exceeds 50% \vithin the composite blend, unless a cOlTection factor is determined by the Contractor and approved by the District Materials Engineer. E2 Marshall Bulk Specific Gravity, Gmb (3 specimens).....A.ASHTO TI66, MnlDOT Modified, or E2a Gyratory Bulk Specific Gravity, Gmb (2 specimens) ................................ A.A.SHTO T312, T166, MnlDOT Modified E3 Maximum Specific Gravity, Gmm.........................................A.ASHTO T209, MnlDOT lVlodified E4 Air Voids -Individual and Isolated (calculation)...................................... A.ASHTO T269, T312 Isolated air voids are calculated using the maximum mixture specific gravity and the cOlTesponding 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 gyntory design, compaction shall be conducted to Nmaximum and calculations for %Gmm at Ninitial and Ndesign shall be determined by applying the calculated cOlTection factor as described in the Asphalt Institute SP 2 manual. Page 19 of 48 2360/2350 Combined Specification December 1, 2004 Production control for % Gmm at Nini,i,l and Nmaximum shall not exceed the limit shown in Table 2360.3-B2b by more than 1.0 %. tvIixture produced beyond these limits, as measured by the moving average of four 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 (V1\1A) (calculation) ............................. Asphalt Institute MS-2, SP-2 E6 Gradation - Blended Aggregate..........A.ASHTO T-ll, T-27, and T-30 (all MnlDOT 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 rvlixtures - Drum or ScreenJess Plants Belt Samples or extracted production samples. (b) All Other Mixtures: 1. Hot Bins - Drybatch (Optional) 2. Incinerator Oven MniDOT Laboratory Manual Method 1853 (Optional) except samples that contain over 50% class B. (1) 3. Exh'action Mn!DOT 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 Aggregate Angularity .................................... ................................ ...............ASTl\I D5821 CA../\. 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. lvIixtures that contain R..i~P 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: (I) 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. lvIixture placed and represented by results below the minimum requirement, as ShO\\11 in Table 2360J-B2a, will be subject to reduced payment as outlined in Table 2360A-U. 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 HMA. Mixtures that contain virgin aggregates may be tested from composite belt samples. Mixtures that contain R...A.P must be tested from extracted aggregates taken from standard production samples. The percentage of uncompacted 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. f.'Iixture placed and represented by results below the minimums, as shown in Table 2360.3-B2a, \vill be subject to reduced payment as outlined in Table 2360A-L3. 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 \vithin specifications. E8a - 4.75 mm [-#4] Manufactured Crushed Fines ......................................... (calculation) I\InIDOT Bituminous Manual Under Marshall design, when the -4.75 mm [-#4] crushing is calculated, adjustments in target values from the composite blend must be made 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 within the first 4,500 metric tons [5,000 tons] of HivLA. 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 :.Iateri::lls Engineer Owner. If the ;-.lateri::lls Engineer O\vner 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 Materials En!2:ineer 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 mv!A 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 Distri;;t ;-,laterials Engineer Owner. If the ;-.laterials 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 allo\ved 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 ;-.lnfDOT Owner and Contractor TSR values as outlined in Tables 2360AE9A, 2360AE9B, and 2360AE9C. When ;-.!nfDOT 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. ;-.In'DOT The OV\TIer will not reimburse the Contractor for any delay costs associated with making changes related to this testing. Mixture Type- - Minimum TSR L V and IVIV Gyratory Traffic Level 2-3 Traffic Level 4-5 ;-.lniDOT :vlnlDOT :.In'DOT Contractor Owner Contractor Owner Contractor O\vner 700,'0 60% 75% 65%) 80% 70% Table 2360A-E9 Page 21 of 48 2360/2350 Combined Specification December 1, 2004 LV and MV Contractor TSR Mixtures >70 <70 ~,ln;DOT ,:::60 NA \ln/DOT Owner Ov.mer TSR <60 Contractor Contractor Table 2360A-E9A Table 2360A-E9B Gyratory Level Contractor TSR 2-3 >75 <75 :.In'DOT ,:::65 NA \ln/DOT Owner Owner TSR <65 Contractor Contractor Table 2360A-E9C Gyratory Level 4-5 Contractor TSR >80 <80 :.lnDOT ,:::70 NA \ln/DOT OWl1er OWl1er 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 inunediately. Production cannot resume until the Contractor has discussed, \'lith 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: I. A proportion change of more than 10 percent (from the cUlTently 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 stockpile 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 O\vl1er and the Contractor. The Department Owner companion shall be labeled with date, time, Project number and approximate cumulative tonnage to date. The Department OWl1er's companion shall be given to the Department OWl1er's Street Inspector or Plant lvlonitor immediately or delivered to the District :,faterials 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. If the 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 following notification of new specific gravity values will be based upon Department results unless proven incolTect. The Contractor shall be notified when new specific gravity values become available and what impact this will have on the calculated VJ\IA. Page 22 of 48 2360/2350 Combined Specification December 1, 2004 Ell IYloisture Con ten t .............................................................................................IVlnfDOT 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 mill [0.2 inch] in a 24 hour period. The sample shall be stored in an airtight container. Microwave testing is prohibited. HMA 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 sUnu11ary sheets and control charts, on an ongoing basis. The Contractor shall also maintain a file of gYTatory 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 OWl1er. 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 Di~trict :.laterials Laboratory 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. ivlaximum specific gravity (GmmJ 4. Bulk specific gravity (Gmb). 5. Percent asphalt binder content (Pb). 6. Calculated production air voids (Va)' GYTatory design shall also include %Gmm at Ninitial, %Grnm at Ndesign , and % Gmm at Nmaximum 7. Calculated voids in mineral aggregate (VMA). 8. Composite aggregate specific gravity (Gsh) retlecting cUlTent 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 IAe). 13. Signature Line for rvII1!DOT Engineer and Contractor Representative. 14. Mixture Moisture Content. 15. :,II1!DOT Owner verification sample test result. Page 23 of 48 (2b) (3) (4) (5) (6) (6a) (7) (8) 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 \vith asphalt manifests ofBOL's (Bill of Laddim,) on a daily basis. Provide a daily plant diary to include a description of QC actions taken (adjustment of cold feed percentages, changes in JMFs, etc.) include all changes or adjustments on the test summary sheets. Provide weekly tnlck scale spot checks (as requested bv Engineer). Provide a Department approved accounting system for all mixes and provide a daily and final Project summary of material quantities and types. Provide a final 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. Fumish an automated weigh scale and computer generated \veigh 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 wTiting. 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 if requested bv the Engineer, all control charts, and summary sheets shall be computer generated using sofnvare approved by the Engineer. Software is available from the Mn!DOT Bituminous Office at www.mIT.dot.state.mn.us/pa vemen UbituminousJbi tuminous. asp. (1) Blended aggregate gradation, include sieves shown in Table 2360.2-E for specified mixture. (2) Percent asphalt binder content (Pb) (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 O\\ner's quality assurance and verification test results shall be plotted with asterisks. Specification JMF limits shall be indicated on the control charts using a dotted line. The Engineer may waive the plotting of control charts. H Jl\lF Limits The production air voids and VMA 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 ShO\\l1 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 JMF Limits VMA,% - 0.3 Production Air Voids, % = 1.0 Asphalt Binder Content, % -0.4 Sieve - % Passing* 25,19,12.5,9.5,4.75 mm [1 inch, 3/4 inch, 1/2 inch, 3/8 inch, #4] =7 2.36 rnm [#8] =6 0.075 mm [#200] = 2.0 Table 2360A-H JMF Limits (N=4) * J1vlF limits are not allowed outside the broadband requirements in Table 2360.2-E. I J1VIF Bands JMF Bands are defined as the area between the target, as identified on the Mixture Design Report, and the J1vlF limits. J J1VIF Adjustment The Contractor shall begin mixture production with the materials (gradation, asphalt content, and aggregate proportions) closely confomung to the reviewed Mixture Design Report. Closely conforming shall be defined as aggregate proportions within 5 percent of the design proportions (1) and other mixture parameters within the JMF limits in Table 2360.4-H. This requirement may be waived if the Contractor provides the District l'vIaterials Laboratory with prior documented production data showing how production affects the nuxture properties or if the Contractor provides the District lvlaterials Laboratory with a \YTitten justification or explanation of material changes since the original mixture submittal. (1) The Contra~tor shall begin mixture production using illl aggregate proportions included on the Mixture Design Report unless the aggregate proportion is shown as 0 percent. If, during production, the Contractor detemlines 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 JlvlF adjustment to the Department Bituminous Engineer or District Materials Engineer. The requested change will be reviewed for the Department by a Certified Level II Bitununous QM lvfix Designer. If the request meets the design requirements in Tables 2360J-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 JMF adjustments requested must be accompanied with a S500 fee per each additional EvlF adjustment, payable to the Conmussioner of Transportation. If a JMF change is requested for the 0.075 mm [#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 show1l 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 VlvlA meets or exceeds the minimum VMA 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 J?vlF 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 Jl JI\.IF Adjustment for Proportion Change> 10% If a JMF adjustment is requested for a proportion change exceeding 10% (from the cUlTently 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 JMF 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 lVlaterials 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 \vithout 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 JMF limits, the Contractor shall take cOlTective action. The cOlTective action taken shall be documented on summary sheets and, if applicable, a request for JMF adjustment shall be submitted to the District l'vlaterials 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 \vhenever the moving average values exceed the JMF limits. L Failing Materials The detennination 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. lv'loving average test results are considered failing when they exceed the JMF 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 JIvlF limits shall be considered tillsatisfactory and subject to requirements of Section 2360AL4, L5, L6, and L 7. Individual test failures are discussed in Section 2360ALl, 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 JlvlF limits: For two tests, establish the new JIvlF limits by multiplying the JIvlF limits listed in Table 2360A-H by 1A1; for three tests, establish the new JMF limits by multiplying the JMF limits listed in Table 2360A-H by 1.15. For moving average gradation, the modified flvlF 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 1, 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 \vill be used for acceptance. Isolated production air voids are calculated by using the maximum mixture specific gravity and the cOlTesponding 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 2360.4-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 JTvlF 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 inp1ace 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 - vl\IA At the start-up of mixture production, before a moving average of four can be established, the first three (3) individual test results for Y'vlA 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 YMA. If, at the start of production, any of the first three (3) individual VMA 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 2360.4-L3 shall apply to all tonnage placed from the sample point of the failing test until the sample point \V'hen 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 VI\lA Table 2360.4-L3 Reduced Pavment Schedule for Individual Test Results Item Pav Factor (1) Gradation 95 % Coarse and Fine Aggregate Crushing 90 ~'o VMA 85 % Asphalt Binder Content 85 % Production Air Voids (individuall-) and isolated UI) 70 % (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 IlvlF bands from the targellisted on the Mixture Design Report the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4-L3 shall apply to all tonnage represented by the individual test. Page 27 of 48 2360/2350 Combined Specification December 1, 2004 If the indi vidual tests for percent asphalt binder content production air voids, or VNIA exceeds twice the JMF bands from the target listed on the J'vIix 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 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 define the area to be removed and replaced the Engineer may require the Contractor to test inplace mixtme. 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, cOlTesponding to the moving average failure is within the JMF 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 JMF limit. If the mixture is to be removed and replaced, the Contractor at his expense will perfom1 the work. Reduced payment will be 50 percent of the Contract bid price. TOlmage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample point of the failing moving average result and cOlTesponding individual air void beyond the EvIF limit to the sampling point when the individual test result is back within the JMF limit. L5 Moving Average Failure at l\Iixture Start-Up - Vl\IA 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 VTvIA, cOlTesponding to the moving average failure is within the JMF limits. If the individual VMA 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. If the mixture is to be removed and replaced, the Contractor at his expense \viI! perfom1 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 cOlTesponding individual Vi'vIA beyond the JMF limit to the sampling point when the individual test result is back within the JMF limit. L6 Moving Average Failure - Production Air Voids A moving average production air void failure occurs \vhen the individual production air void moving average of four exceeds the Jj'yIF 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 \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 all individual test results beyond the JMF limits which contributed to the moving average value that exceeded the EvIF 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 Pay Factor (1) Gradation 7 - 0 '(J) ) Yo Coarse and Fine Aggregate Crushing NA (individual failures only) YlvlA(" , 75 % Asphalt Binder Content 75 % Production Air Voids'") 50% Table 2360A-L6 Reduced Payment Schedule for Movino Averaoe 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 if failure is within aggregate gradation broadband, Table 2360.2-E. L7 l\Ioving 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. 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. TOtll1age 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 JMF 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, tOIll1age 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 2360A-L3. Tonnage subjected to reduced paYll1ent 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 cOlTective action is taken. The Engineer will notify the Contractor of observed deficiencies promptly, both verbally and in \\Titing. The Engineer may obtain additional samples, at any time, to detennine 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 with the MnJDOT 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 cOlTelate all laboratory testing equipment in accordance \\'ith the latest version of the Mn/DOT Bituminous Manual. Page 29 of 48 2360/2350 Combined Specification December 1, 2004 Table 2360A-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 (Gnun) 0.019 VMA (Calculated) 1.2 Fine Aggregate Angularity, uncompacted voids (D) % 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 Asphalt Binder Content Meter I\lethod, % 0.2 Spot Check Method, % 0.2 Chemical Extraction Methods, ~'o 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 % passing: 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 nm1 [#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 ?-.In'DOT the Owner to assure compliance of the Contractor's Quality Control program. A verification companion is a companion sample, to :-'lniDOT's the O\mer'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 2360.4E, excluding sections E9, E 1 0, E 11, and E 12, 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 allo\vable tolerances as specified in Table 2360.4-M. These include the mixture properties of Gmm (mixture max gravity), Gmb (mixture bulk gravity), asphalt binder content, VMA (calculated), Coarse and Fine Aggregate crushing, and gradation. For Coarse and Fine Aggregate crushing that meets the requirements of Section 2360.4E7 and 2360.4E8 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 2360.4E1b 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, VMA (calculated). Gradation and crushing results will be provided to the Contractor within 3 Mn/DOT 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 Dep:lt1ment Owner and Contractor are not met, retests of the material shall be conducted by the Department Owner. If the retests fail to meet tolerances, the Department's Owner'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 (1). 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 ~ ;-,Iateri:lls 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 :'-.laterials Labor:ttory Engineer. On the same day and at approximately the same time the Contractor and the District :.bterials LJ.bor:ttory 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 t\VO 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 O\vner will test QA samples subsequent to the verification sample until tolerances are met. Acceptance will be based on QC data with substitution of Department O\\11er test results for those parameters out of tolerance (1). If reestablishment of test result tolerances is not achieved within 48 hours, the Contractor shall cease mixture production and placement until the problem is resolved. (I) If, through anal ysis 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. When construction is under traffic, the requirements of Mn/DOT 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 without damage to the subgrade. HMA shall not be placed when, in the opinion of the Engineer, the weather or roadbed conditions are unfavorable. Page 31 of 48 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 MnJDOT'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 Mn/DOT 1901, except as otherwise designated by the Contract. Cla(l) 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. Cl a(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 [3500F]. For modified asphalt, the maximum storage temperature shall not exceed the recommendation of the asphalt supplier. CIa(3) Asphalt Binder Control When asphalt binder material is proportioned by volume, the plant shall be equipped with either a working tank or a metering system for determining asphalt binder content of (he mixture. The working tank shall have a capacity betw'een 3800 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 returned to the \vorking 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 i: one percent elTor. 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. C1 a( 5) Thermometric Equipment: The plant shall be equipped with a sufficient number ofthem10metric instruments to ensure temperature control of the aggregate and the asphalt binder material. C1 a(6) Pollution Controls C1a(6)(a) Poll uti on ............................... ........... .... .................................................................................. ..... 1717 C1 a(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 pennitted 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 50C [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 cOlTected. 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 mjxtures 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, ilTegular areas, short isolated areas or when the quantity of mixture makes it impractical to place \vith a paver. On shoulder surfacing and uniform width widening, when the placement width is too naITO\V 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 \vidth 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 mm [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 with a tread depth of 13 mm [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 lvln1DOT 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 ofliquid 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-w'heeled 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 \vater 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 cOlTected by removing and replacing the material in the defective area. All such cOlTections shall be accomplished as directed by the Engineer at no expense to the Dcpnrnnent 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. Fl 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 mm [6 inches] measured transversely from the longitudinal joints in the previously placed lift. \Vhen 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 mm [118 inch)) than the previously placed strip. When constmcting 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 Dcpartment Owner Trucks) For asphalt mixhtre 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 w'eeks 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 HI\-IA Paving Unless otherwise indicated in the Special Provisions, the following provision for a small quantity of asphalt mixture shall apply. Page 35 of 48 2360i2350 Combined Specification December 1, 2004 A Mixture Design Report is not required for planned project quantities less than 191,200 m2 mm [9,000 square yard inches [4,500 square yards per 2 inch thickness, etc]) or 450 metric tons [500 tons]. How'ever, the Contractor shall verify in wTiting 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 deteITTIined 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 2360AL1 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 PA VEl\lENT DENSITY A General All pavements will be compacted in accordance with the Maximum Density ivlethod unless otherwise specified in the Contract special provisions or as noted in Section 2360.6C. B Maximum Density IVlethod 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. Bl 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. rfthree or more maximum specific gravity values are obtained that day, then the average of those tests alone shall be used as indicated above. Bla Pavement Density Determination The density of each lot shall be expressed as a percentage of the maximum specific gravity (% Gmm) 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 of QC tests done on the day that the individual lot was paved as described above). Detemunation of the bulk specific gravity of the cores shall be in accordance with AASHTO T-166, MwDOT modified. For coarse graded mixtures the Engineer may require deteITTIination of bulk specific gravity of the cores be in accordance with ASTM D 1188, MwDOT modified. ASTM D6752 Mn/DOT modified (Corelok) is also allowed for determination of bulk specific gravity of coarse graded mixtures. Selection of the test method to deteITTIine coarse graded mixture bulk specific gravity shall be agreed upon at the time of mix design submittal. Both the Contractor and :.In!DOT 0\\11er shall use the same test method to deteITTIine bulk specific gravity. The deteITTIination of coarse and fine graded mixtures will be based on the percentage of material passing the 2.365 mm sieve [#8J as defined in Table 2360J-B2c. Compaction operations shall be completed within 8 hours of mixture placement and before core samples are obtained for density detemunation. Only pneumatic tired or static steel rollers are peITTIitted for any compactive effort performed between 6 and 8 hours after mixture placement. Compacted nuxtures 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 defined as all lots in a day's production failing to meet minimum density or more than 50% of lots on multiple days which fail to meet minimum density requirements. Production shall be stopped until the source of the problem is determined and cOlTective 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 l'vlaximum Density ivlethod. 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 nalTow 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 nalTow shoulder is to be compacted by the lvlaximum 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 l.lmmum ensItv SP Wear and All MV SP Nonwear (I)(Z) SP Shoulders (t)(Z) and LV Mixtures (I)(Z) Location from :0; 100 mm [4 inch]** > 100 mm [4 inch]** Designed at Designed at surface* 3% voids 4% voids %Gmm 92.0 93.0 93.0 92.0 Table 2360.6-B2 R . d 1\1' . D 1 ) 2) * SP Mixtures only ** 1fless than 25% ofa layer is within 100 mm [4 inches] of the surface, the layer may be considered to be below 100 mm [4 inches] for mix design purposes. Minimum reduced by one percent on the first lift constructed over PCC pavements. r..-linimum 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 (roadw'ay includes shoulders). B2a Lots & Core Locations *When mix production is less than 270 metric tons [300 tons], establish I" lot 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] 3 1,456 - 3,275 [1,601 - 3,600] 4 3,276 - 4,545 [3,601 - 5,000] 5 4,546 + [5,001 +] 6 Table 2360.6-B2a Lot Determination 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 malfunctiorvbreakdown, 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 taken within 0.3 meters [1 foot] longitudinally from either of the first two cores. The companion cores shall be given to the Department Ovyners Street Inspector immediately upon completion of coring and sawing. The random locations will be detemuned 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 w'ith the outer edge of the core balTel OJ meters [1 foot] away (laterally) from the edge of the top of the mat (joint). If the random core location falls on a confined 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 balTel 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 nml [8:l: 0.5 inches] from the edge of the top of the mat). Cores \vill not be taken within 300 rum [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 detemuned 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 detem1.ination 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 \vork with po\ver 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 fine of S 1 00 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 :\Llterials 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 2360.7A If the Department O\\ner 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 O\\l1er 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 elTors 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, Mn/DOT modified or ASTM D 1188 is within:!:: 0.030 of the 5fa-te Owner companion Gmb value. Payment for lot densities of compacted mixture shall be determined from Table 2360.6-84 or 2360.6-B4A. Incentive and disincentive payments are for both wearing and non-wearing courses. \Vhen the density requirement has been reduced by one percent, per Table 2360.6-82, footnote 1 & 2, payment adjustments for lot densities will be made as specified in Table 2360.6-84A. 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 2360.6-84, including incentives, for first lift constmcted 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 2360.6-82 (excluding footnote 2) and Table 2360.6-84, and will remain in effect for the duration of mixture placement on that lift. The Contractor will also be responsible for compliance with any construction requirements on subsequent lifts. Percent of Max Specific Gravity (-) Percent of Max Specific Gravity (2) Percent SP Wear (:0;100 mm [4 inches] from Surface) SP Non-\Vear (>100 mm [4 inches] from Surface) Payment All MV & LV , SP Shld (4% Void) SP Shoulders (3~/o Void) 93.6 and above 94.6 and above 104 (~) 93.1 - 93.5 94.1 - 94.5 102 (~) 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) Table 2360.6-B4 Payment Schedule for :Maximum Density Table 2360.6-B4A (1) 1 % Reduced Table Percent of Max Specific Gravity 1.-) Percent of Max Specific Gravity (2) Percent SP Wear (:0;100 mm [4 inches] from Surface) SP Non-Wear (>100 mm [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 roadw'ay with a 6.35 metric ton [7 ton] or less spring load restriction (roadviay includes shoulders). Minimum reduced by one percent on the first lift constructed on PCC pavements (reduced density cmmot 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 w'ithin - 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 cOlTesponding day and shall be w'eighted by the tons the cOlTesponding 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~'O of the maximum specific gravity (Gmm). Ifa single core density is less than 87.0% of Gmm, 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 determ.ined 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 87.0S.'O ofGmm), until a point of acceptable core density (87.0% of Gnm1 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 inculTed 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 detemlined 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 occulTed 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 IVlethod 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 with 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 ty-pe 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 perfom1ed 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 conm1ence 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 gro\Vlh curve shall be developed to detemune 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 JMF 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 ofa ne\v control strip, or (b) There are other reasons to believe that a control strip density is not representative of the HTvlA 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 MniDOT Bituminous .Manual. Each course shall be uniformly compacted until there is no further evidence of consolidation and all roller marks are eliminated. \Vhen 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 of 7.3 metric tons [8 tons], or as otherwise specified in the Contract. When vibratory rollers are used, they shall produce 45 kl'1 per meter [3,085 Ibf 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 with 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 \vheelload force shall be a minimum of 13 kl'1 [3,000 pounds] per wheel for LV and MV mixtures and SP Level 2-3 mixtures and 22 kl'1 [5,000 pounds] per wheel for SP Level 4-6 mixtures and can be varied as directed by the Engineer. The tire alTangement 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 laydown 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 writing, no paving is allowed under the Ordinary Compaction Method when the air temperature is below OCC [320F]. ! Ixture emperature ontro Air Compacted Mat Thickness, mm (A) Temperature oC [OF] 25 nIDl [1 inch] 40 mm [1-112 inch] 50 mm [2 inch] >75 mm [3 inch] +0-5 [32-40] -- 129 \0) [265] 124 [255] 121 [250] + 6-10 [41-50] 1301.13) [270] 127 [260] 121 [250] 118 [245] + 11-15 [51-60] 127 (0) [260J 124 [255] 118 [245] 115 [240] + 16-21 [61-70] 121 !tJ) [250] 118 [245] 115 [240] 113 [235] + 22-27 [71-80J 118 [245] 115 [240J 113 [235] 113 [235] + 28-3') [81-90J 113 [235] 110 [230J 110 [230] 110 [230] + 33 [91+] 110 [230] 110[230] 110 [230] 107 [225J Table 2360.6-C5 1\-1' 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 wTiting (with conculTence from the Department Bituminous Engineer) a minimum laydowTI temperature. Page 42 of 48 2360/2350 Combined Specification December I, 2004 2360.7 THICKi'iESS AND SURFACE SMOOTHNESS REQUIREMENTS A Thickness After compaction the thickness of each lift shall be within a tolerance of 6 mm [114 inch] of the thickness shown in the Plans, except that, if automatic grade cOT1~Tols are used, this thickness requirement will not apply to the first lift placed. This thickness requirement \vill 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 mm [114 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 shown on the Plans with the following tolerances: (I) Where a leveling lift is specified, it shall be constructed to within a tolerance of 15 nm1 [112 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 mm [114 inch] from the edge ofa 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 mm [114 inch] from the edge ofa 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 mm [114 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 mm [114 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 mm [114 inch] from the edge ofa 3 m [10 foot] straightedge centered longitudinally across the transverse joint. The Engineer may require cOlTection 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 mm [3 inches] greater than the Plan distance. In addition, the edge alignment of the wearing lift on tangent sections and on curve sections of 3 degrees or less shall ~ not deviate from the established alignment by more than 25 rnm [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 torn sections. Any material placed outside the above described limitations shall be removed and replaced after being cut or sa wed at no expense to the Department Owner or with the approval of the Engineer, allow'ed to remain inplace at a reduced cost calculated at S12 per square meter [$10 per square yard]. C Pavement Smoothness Cl General Pavement smoothness will be evaluated on the final mainline pavement surface using a California type profilograph or IneI1ial Profiler (IP) with a 5 mm [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 othenvise 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 I 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 kntlhr [45 miles per hour] -- Begin the exclusion at the sign Single lift overlays over concrete. Horizontal Curves with 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. VeI1ical Curves - Absolute value of grade change is 3 % or more and curve length is 121.9 m [400 feet] or less. VeI1ical Curves - Absolute value of grade change is 4 % or more and curve length is 182.8 m [600 feet] or less. VeI1ical 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-Cl P fil hT r E CIA Smoothness Requirements Pavement smootlmess requirements will be evaluated by Table 2360.7-C6A, 2360.7-C6B, or 2360.7-C6C. The pavement smoot1mess 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 Pro filer (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 \vill 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 deternline the length in kilometers [nliles] for each mainline traffic lane. The profilograph will be operated at a speed no greater than a normal walk, no greater than 6 krnIhr [4 miles per hour]. [vlotive power may be provided manually or by the use ofa 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 Bitunlinous 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 \vill submit a final evaluation generated from approved softw'are, 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/pavement/bituminous/bituminous.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 pOJ1ion 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 \"ill be charged at a rate ofS15S.34 per lane km [$250 per lane mile] that is retested, with a minimum charge of S500.00. If the results are found to be accurate, the Department Owner will be paying the Contractor at a rate ofS155.34 per lane km [$250 per lane mile] that is retested, with a minimum charge of S500.00. C4 Profile Index The profilograph or 1P 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 cOlTesponding International Roughness Index (IRl) for each segment shall be submitted to the Bituminous Office Owner. The index will be detemuned by summing the vertical deviations outside either as 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 nm1 per km [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 occulTences 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 cOlTected by the Contractor. The Contractor may elect to cOlTect 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. COlTection of segments with more than two events or two individual bumps or dips, as defined above, \vill be allowed only when approved by the Engineer. The Contractor will be assessed a penalty for dips or bumps of 10.2 to 2S nun [0.4 to 1.0 inch] that are not cOlTected. Bumps and dips not cOlTected will also be included in the evaluation for the segment smoothness. COlTected dips or bumps will be considered satisfactory when the profilogram shows the dips or bumps are less than 10.2 mill in a 7.62 m [0.4 inch in a 25 foot] span. Bump, dip, and smoothness cOlTection work shall be for the entire traffic lane width. Pavement cross slope shall be maintained through cOlTective areas. COlTective 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 cOlTective actions by milling and inlay or overlay shall meet the specifications for ride quality over the entire length of the cOlTection, 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 cOlTective actions utilizing overlay or milling and inlay, shall be removed by diamond grinding. The Contractor shall notify the Engineer prior to conm1encement of the cOlTective action If the surface is cOlTected by overlay, inlay or replacement, the surface cOlTection shall begin and end with a transverse saw cut. If the smoothness evaluation indicates that cOlTective work is necessary for more than 50% ofa segment, surface cOlTection will be limited to mill and inlay (40 mm [1 1/2 inch] min). All cOlTective work shall be subject to the approval of the Engineer. After all required cOlTection work is completed, a final profile index shall be determined. COlTective 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 \vill be incidental to the cost of the Wear Course "tvlixture. 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 mixhlre price by the appropriate incentive cap. Pay adjustments for incentives will only be based on the initial Profile Index before any cOlTective 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 mm [004 to 1.0 inch] that is not cOlTecled. Penalties, based on the table the profile index is evaluated under, are as follows: Table 2360.7-C6A: 5900 Table 2360.7-C6B: 5675 Table 2360.7-C6C: 5450 Bumps or dips resulting from a construction joint will be assessed a 5900 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 cOlTective action \vhen the profile index for a segment indicates cOlTective 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: 5560 per 0.1 km [$900 per 0.1 mile] 5420 per 0.1 km [$675 per 0.1 mile] 5280 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 seament [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] COlTective Action COlTective Action Table 2360.7-C6A * Initial Profile Index for "mm [0 ? inch) blankina band * Typically, 3-lift minimum construction Page 47 of 48 2360/2350 Combined Specification December 1, 2004 .- .'" mm per krn [Inches per mile] Dollars per Segment Dollars per Segment per 0.1 km segment [per 0.1 mile segment] (IYIetric) [English] o - 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] COlTective Action Corrective Action Table 2360.7-C6B * Initial Profile Index for 5mm [0" inch] blankino band * Typically, 2-lift construction mtla ro Ie n ex or ~mm ._ Il1C an' ng an mm per krn [Inches per mile] Dollars per Segment Dollars per Segment per 0.1 km segment [per 0.1 mile segment] (IYIetric) [Enolish] 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] COlTective Action Corrective Action Table 2360.7-C6C * I . . I P fiI I d f [0 .,. h] bl ki b d *' Typically, single lift construction 2360.8 METHOD OF MEASUREMENT A Asphalt Mixture Asphalt mixrure of each type will be measured separately by mass, based on the total quantity of material hauled from the m.ixing plant, with no deductions being made for the asphalt materials. B Blank C Asphalt Mixtures Measured by the Square l\leter [Square Yard] per Specified (mrn [inch]) and for Mixtures Measured by the [Square Yard inch] Asphalt mixrure 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 thiclmess shall meet tolerances set forth in Sections 2360.7A. Page 48 of 48 SECTION 02770 CONCRETE CURB AND GUTTER P ART 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 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 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 one (1) 7 day and two (2) 28 day concrete cylinder test results for all concrete pours in any given day. B. Submit design mix for each concrete mix designation used. 000034-05174-0 i1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-1 CONCRETE CURB AND GUTTER 1.05 SEQUENCING AND SCHEDULING A. Install concrete curb and gutter within 1 week after aggregate base has been completed and approved. B. Concrete curb and gutter constmction precedes installation of pavement. 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 111 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: Conform 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 to Project Site. B. Constmct concrete curb and gutter at the locations and elevations indicated on the Drawings. 000034-05174-0 i1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-2 CONCRETE CURB AND GUTTER C. Construct the style or type of curb and gutter as shown on the Drawings. D. Construct intersection curb radii and transitions sections to confoffi1 to Drawings. E. Construct concrete curb ramp depressions to conform to the detail on the Drawings. F. Constmct curb transitions for driveways to conform to the detail on the Drawings. Locations to be verified by Engineer at the time of construction. G. 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. H. 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 listed 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. Confoffi1 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. Conform to MnDOT Spec. 2531.3D, except as modified herein: 1. Where required, install two (2) #4 steel reinforcing rods in lower portion of the curb section with a minimum of2 inches coverage on all sides: a. Placement at catch basins conform to the details on the Drawings. 000034-05174-0 19 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-3 CONCRETE CURB AND GUTTER 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. 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 temperahlres 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, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any curb section damaged by traffic, rain, cold weather, 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. 000034-05174-0 iJ:i 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-4 CONCRETE CURB AND GUTTER 3.09 WORKMANSHIP AND FINISH A. Confoffi1 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 AND 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 000034-05174-0 <1:) 2005 Bonestroo, Rosene, i\nderlik & Associates, Inc. 02770-5 CONCRETE CURB AND GUTTER SECTION 02775 CONCRETE WALKS AND DRIVEWAYS PART 1- GENERAL 1.01 SECTION INCLUDES A. Cast-in-place concrete walkways, medians, pads, driveways, and valley gutters. 1.02 RELATED SECTIONS A. Section 02315 Excavation and Fill. B. Section 02720 Aggregate Base Course. C. Section 02740 - Plant Mixed Asphalt Pavement. D. Section 02770 Concrete Curb and Gutter. 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. 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. 000034-05174-0 iJ:i 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02775-1 CONCRETE WALKS AND DR.IVEWAYS 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. Aggregated Base: Conforming to Section 02720 - Aggregate Base Course. PART 3 - EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Constmct concrete walkway and driveways at the locations indicated on the Drawings. c. Verify locations with Engineer in the field prior to construction. D. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constmcted to line and grade. The required joints, edges, and flow lines shall show neat workmanship. 000034-05174-0 iJ:i 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02775-2 CONCRETE WALKS AND DR.IVEWAYS E. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. 3.02 FOU}U)ATION 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 FORMS A. Conform to MnDOT Spec. 2521.3B. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3C2, except as modified herein: 1. Maximum spacing of expansion joints for walkways shall be 60 feet. 2. Matchjoints of adjacent concrete work. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3D. 3.06 PLACING Ai'ID FINISHING A. Conform to MnDOT Spec. 2521.3Cl 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 118 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. 000034-05174-0 i1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02775-3 CONCRETE WALKS AND DR.IVEW A YS 3.07 CONCRETE CURING Ai'ID 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 confoffi1 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. 3.08 BACKFILLING A. Conform to MnDOT Spec.2521.3E, except as modified herein: 1. Perf 01111 backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. 3.09 MEASUREMENT AND PAYMENT A. A Bid Item for 6 Inch Concrete Pavement has been included in the Bid Fonn. 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. Sub grade and base preparation. c. Placement of materials. d. Finishing. 000034-05174-0 i1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02775-4 CONCRETE WALKS AND DR.IVEW A YS e. Curing and protection. f. Reinforcement (keyway substitution), g. Backfilling. 2. Aggregate base beneath concrete driveway apron shall be measured and compensated per Section 02720 - Aggregate Base Course. 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 000034-05174-0 i1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02775-5 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 of topsoil, seed, sod, soil amendments, mulch, and erosion control. 1.02 RELATED SECTIONS A. Section 01570 - Temporary Erosion and Sediment Control. B. Section 02315 - Excavation and Fill. C. Section 02318 - Sub grade Preparation. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Constmction," 2000 Edition (MnDOT Spec.): 1. 2575 - Turf Establishment. 2. 3876 - Seed. .., 3877 - Topsoil BOlTow. ;). 4. 3878 - Sod. 5. 3881 - Commercial Fertilizer. 6. 3882 Mulch Material. B. "Minnesota Department of Transportation Seeding Manual 2000," (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide source and invoice for seed to be used for this Project. 000034-05174-0 i1d 2005 Bonestroo, Rosene, AnderJik & Associates, Inc. 02920-1 LAWNS AND GRASSES 1.05 QUALITY ASSURANCE A. At the conclusion ofthe 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 seeding. All areas with insufficient plant establishment as determined by the Engineer will be noted. This material shall be re-supplied and planted in the next growing season at no additional cost to the Owner. Evaluation of plantings shall be done in accordance with Early Maintenance and Evaluation of Plantings, MnDOT Seeding Manual 2000, and with MnDOT Spec. 2575.3. 1.06 FIELD QUALITY CONTROL A. Provide Engineer with bags and tags of seed used for identification purposes. PART 2 - PRODUCTS 2.0 1 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. Seed Mix Tabulations: Conform to MnDOT Seeding Manual: 1. Lawn Mix: Conform to MnDOT Seeding Manual Mixture 60A. 2. Ditch Mix: Conform to MnDOT Seeding Manual Mixture 80A. D. Mulch: Conform to MnDOT Spec. 3882. P ART 3 - EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Deteffi1ine locations for seed. 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. 000034-05174-0 i1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02920-2 LA WNS AND GRASSES 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.l1000 sq. ft.). 2. Where soil pH is lower than 5.5, apply ground limestone at 3 tons per acre (140 lbs.l1000 sq. ft.). 3.03 SOWING SEED A. Seeding Dates: Conform to MnDOT Seeding Manual for the mixes specified. B. Seeding Rates: Conform to MnDOT Seeding Manual for the mixes specified. C. Applying Mulch: Conform to MnDOT Spec. 2575.3 and apply at a rate of2 tons per acre (90 lbs.l1000 sq. ft.). D. Sowing Seed: Conform to MnDOT Spec. 2757.3. 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. Seed maintenance and evaluation of successful establishment of seed shall be done in accordance with the MnDOT Seeding Manual 2000 - Early Maintenance and Evaluation ofPlantings. D. 'Watering of seeded areas shall be done for a period of 30 days from installation sufficient to ensure establishment of permanent vegetation. 000034-05174-0 (9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02920-3 LAWNS AND GRASSES 3.05 MEASUREMENT Ai'ID PAYMENT A. A Bid Item have been provided for Seeding and Topsoil. Seeding and Topsoil will include MnDOT Mix 60A and 80A. Measurement will be based upon units of SYS of seed installed complete in place as specified, including installing topsoil; preparation of seedbed; seed; and mulch and all correlated activity. The actual quantity installed multiplied by the appropriate Bid Unit Price will be considered payment in full for all work and costs of these Bid Items. 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 000034-05174-0 19 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02920-4 LAWNS 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 Practice .-\:.l:.::ilL\.' Ctll:"UL I);' E~';J:-.U.IUt-;(, CU:.ll'.,,,I!-..' PROFESSIONAL ENGINEERS IN PRIV ATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AJvlER1CAN COUNCIL OF ENGINEERING COMP At'\TlES AMERICAt'\l" SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America ~a . Knowledge for Creating ~ and Sustaining the Built Environment Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright Il';) 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 . 1 Copyright @2002 National Society of Professional Engineers 1420 King Street, Alexandria, V A 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-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. TABLE OF CONTENTS Pal're ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..............................................................................................................6 1.01 Defined Terms. ....... ..................... ...... ............. ...... ........ ................... .................. .................. .... ......... ................... .....6 1.02 T e rminolo gy ........................................................................................................................................ ....... ..............8 ARTICLE 2 - PRELIMINARY MATTERS... .... ..................... ...... ........................ ............... ................ ... ............... .......... ........... 9 2.01 Delivel}' 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 Work..................................................................................................................... ................................9 2.05 Before Starting Construction................................................................................................................ ...................9 2.06 Preconstruction Conference.......................................................................................................................... ...........9 2.07 Initial Acceptance of Schedules .... .... ..... ..... ..... ............ ................................. ... ............... ........ .................................9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, 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 - A V AILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONN1.ENT AL CONDITIONS; REFERENCE POINTS ................................................................................................11 4.01 A vailability of Lands ..............................................................................................................................................11 4.02 Subsurface and Physical Conditions .......... .................... ........................... ................... ........ ... ...............................12 4.03 Differing Subslllface or Physical Conditions. .., ....... ....................... .................. ........ .............................................12 4.04 Unde rg round Facilities........ ................................................................................................................................. .13 4.05 Reference Points.............................................................................................................................. ..................... .13 4.06 Hazardous Environmental Condition at Site .........................................................................................................13 ARTICLE 5 - BONDS A.1~D INSURANCE .............................................................................................................................14 5.01 Pelformance, 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 Ap'plication 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 Supervision and Superintendence .... .... ...................... ..... .................. ........... ......... ............... ............... ..... ........... ...18 6.02 Labor; Working Hours. ........ ..... .......... ............ ................... ... ............. .... ............ ....... ...... .... ........ .............. .............18 6.03 SenJices, 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 La,vs and Regulations ." .......... ............. ......... .... ......... .......................... ............... ................. ..................................21 6.10 Taxes................................................................................................................................ ......................................22 6.11 Use of Site and Other Areas ...................................................................................................................................22 6.12 Reco rd Documen ts ................................................................................................................................ .................22 6.13 Safety and Protection.... .............. ..... ...... .............. ......... .................. ......................... .............. ..... ................ ...........22 6.14 Safety Rep resen tative .................................................................................................................................. ...........23 6.15 Hazard Communication Prog rams .. ...... ........ ... ............. ..... ...... ..... ................... .... ............. .... ................................23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 6.16 Em e rg en c i es .................................................................................................................................. .. ..... ..... . ...... .... ..23 6.17 Shop Drawings and Samples... ............... ...... ............ ............ ...... ................. ...... .... ....... ............... .................. ..... ....23 6.18 Continuing the Work ... ............ ................ ................. ......... ............. ...... ....... ...... .... ....... .......... ..... ............. ....... .......24 6.19 Contractor's General Warrant)' and Guarantee ....................................................................................................24 6.20 Indemn ification .................................................................................................................................... ..................24 6.21 Delegation of Professional Design Services ..........................................................................................................25 ARTICLE 7 - OTHER WORK AT THE SITE .........................................................................................................................25 7.01 Related Work at Site. ............... ........... .... ........................... .......... ........ ....... ........... .................. ........... ............. .......25 7.02 Coo rdination .................................................................................................................................... ......................26 7.03 Legal Relationships....................................................................................................................... ........................ .26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ......................................................................................................................26 8.01 Communications to Contractor.............................................................................................................................. 26 8.02 Replacement of Eng ineer ....................................................................................................................................... 26 8.03 Furn ish 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'wner' s Representative........................................................................................................................ .................27 9.02 Visits to Site................................................................................................................................ ........................... .27 9.03 Project Representative........................................................................................................................... ............... .27 9.04 A uthorized Variations in Work............................................................................................................................... 27 9.05 Rejecting Defective Work....................................................................................................................................... 27 9.06 Shop Drawings, Change Orders and Payments.....................................................................................................28 9.07 Determinations for Unit Price Work ............. ........... ...... ......... ......... ..... ..... ............... .................. ...........................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of\Vork ...................................................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 Cia ims ................................................................................................................................ ................................... .29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE 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; CHA1~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 AJ\il) mSPECTIONS; CORRECTION, RE.tvIOVAL 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 May Correct Defective Work... ...... .......... ..... ...... ...... .......... ......... .................... ....... .................... ...... ......... .35 ARTICLE 14 - PAYMENTS TO CONTRACTOR A1~D COMPLETION...............................................................................36 14.01 Schedule of Values...... ........ ....... ............... ................... ............... ................... ...... ...... ................. ...... .... ........... ......36 14.02 Progress Payments........................................................................................................................ .........................36 14.03 Contractor's Warranty of Title... .......... ........ ...... ..... ........ .............. ...... .......... ....... ...... ............ .... .... ....... ...... ..... .....37 14.04 Substantial Completion..................................................................................................................... .....................37 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 . 4 14.05 Partial Utilization....................................................................................................................... ...........................38 14.06 Final Inspection................. ................................................................................................................................. ...38 14.07 Final Payment................... ..................................................................................................................................... 3 8 14.08 Final Completion Delayed .............. ....................... .... ............. ......... ...... ...... .... ........ .... ....... ... ............... .................39 14.09 Waive r of Claims.................. .................................................................................................. ................................39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION .........................................................................................39 15.01 Owner [vJay 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 i\l1 ethods 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 (1d 2002 National Society of Professional Engineers for EJ CDC. All rights reserved. GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS Al\l"D TERMINOLOGY 1.01 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 specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. AddendauWritten or graphic instruments issued prior to the opening of B ids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement-- The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application/or Payment--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. AsbestosuAny 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. BidderuThe individual or entity who submits a Bid directly to Owner. 7. Bidding Requirements and the (including all Addenda). Docllmentsu The Bidding proposed Contract Documents 8. Bidding Reqllirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change OrderuA document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. ClaimuA 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 Docllments-- 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 PriceuThe 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 WorkuSee Paragraph 11.01.A for definition. 17. Drawings-- That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the AgreementuThe 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. EngineernThe individual or entity named as such in 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 - 6 20. Field Onler--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. lvlilestone--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 AwarduThe 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 'Nork 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. PCBsuPolychlorinated biphenyls. 31. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous 'Waste and crude oils. 32. Progress Schedule--A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. ProjectuThe total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project iHanual--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 MaterialuSource, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 use 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 SubmittalsuA schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values--A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings--All drawings, diagrams, illustrations. schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site--Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specificationsu That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 7 administrative requirements and procedural matters applicable thereto. 44. Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful BiddernThe Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier--A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground FacilitiesnAll underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work--Work to be paid for on the basis of unit prices. 51. WorknThe 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. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight D. Defective 1. The word "defective," when modifying the word "Work." refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or 52. Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times 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, Peiform, Provide 1. The word ''furnish,'' when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to 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 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 !'Vork 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. PreliminaJY 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 Priee 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 A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 9 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 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 DOCUjvIENTS: AMENDING, 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 Docllments 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 Docllments 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 Il';) 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 will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long 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 Ai"J"D 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 i1d 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 4.02 Subsllljace and Physical Conditions A. Reports and Drawings: The Supplementary Cond~tions 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 Subsllljace 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 time required for, performance of the Wark; 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 sllch 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 Il';) 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 Underground Facilities A. Showll 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. revtewmg 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 E,fCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for E,fCDC. 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 indi vidual'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. L 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 A.1"TD INSURANCE 5.01 Peljormance, 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 i1d 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700. 14 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 HCompanies 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.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers. directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds. and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- 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 certiti- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal 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 EJCnC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for Elene. 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 EJCDC. All rights reserved. 00700 - 17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.0 l.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, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. 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 Il';) 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) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items 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. 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.A1, it will be considered a proposed substitute item. 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. 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. 6.05 Substitutes alld "Or-Equals" c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. 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 .A1, a proposed item of material or equipment will be considered functionally equal to an item so named if: 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, a. in the exercise of reasonable judgment Engineer determines that: b) be similar ll1 substance to that specified, and 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; c) be suited to the same use as that specified; 2) will state: 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, 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; 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. 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 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: 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 i'vlethods 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 Il';) 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 provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright IQ 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.l3.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright IQ 2002 National Society of Professional Engineers for EJ CDC. 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 l4.07.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 1D 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 IQ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. a. Submit number of copIes specified 1D 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 IQ 2002 National Society of Professional Engineers for EJ CDC. 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.l7.C.1. E. Resubmittal Procedures I. 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: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 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 itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. 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 sllch 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 certitications 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 IQ 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 I.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct- delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly 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 IQ 2002 National Society of Professional Engineers for E.JCDC. 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 Environmental 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 O,vner'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 completed. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright IQ 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 011 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 IQ 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 AContractor shall not be entitled to an increase In the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 1O.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 10.05.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 IQ 2002 National Society of Professional Engineers for EJ CDC. 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 Al'\!CES; 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 11.0 I.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. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall 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, archi tects, testi ng 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 Work, 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 ofthe Construction Contract. Copyright IQ 2002 National Society of Professional Engineers for E.JCDC. 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 11.01.A.l or specifically covered by Paragraph 11.01.AA, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 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 11.01.A and 11.01.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 IQ 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 11.01.A and 11.01.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 Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily In accordance with Paragraph 12.01.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. Colltractor'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 11.01.A.l and 11.01.A.2, 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 11.01.A.l and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.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 E.JCDC C-700 Standard General Conditions of the Construction Contract. Copyright IQ 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 Al'l'D INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTAl'\lCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all 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 EJ CDC C-700 Standard General Conditions of the Construction Contract. Copyright IQ 2002 National Society of Professional Engineers for E.JCDC. All rights reserved. be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not 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 sllch 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.l1.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 E.JCDC. 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 iHay Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction. removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR i~l'\fD COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright IQ 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 Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: 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 IQ 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 Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the 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 certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting sllch 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 IQ 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 opInIOn of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an aftidavit 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 IQ 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 Al~D TERMINATION 15.01 Owner lv1ay 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 iVIay Terminatefor 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 15.02.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 IQ 2002 National Society of Professional Engineers for E.JCDC. 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 May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, 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 lVlay 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 lVlethods 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 IQ 2002 National Society of Professional Engineers for EJCDC. 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 1O.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 1O.05.C or a denial pursuant to Paragraphs 10.05.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 wntmg 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 - MISCELLAt"l'EOUS 17.01 Giving Notice A. \Vhenever any provIsIon of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17 .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 IQ 2002 National SoCiety of Professional Engineers for EJCDC. All rights reserved. 00700 - 41