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IP #747 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works BYYJ September 26, 2005 Oevelo ment & Plannino- Item No. By: 8.3 Guy Johnson Resolution awarding contract to Veit & Company Inc. for the construction of a regional pond at the Victory Park wetland site (improvement project 747) Requested Action Contingent on receiving the necessary easements, staff requests approval of a resolution awarding a contract to the low and responsible bidder, Veit & Company Inc., in the amount of $292,285.80. The contract is for the construction of a new regional water quality pond at the Victory Park wetland site. Policy/Past Practice A new regional water quality pond for this location is part of the city's 1996 Surface Water Management Plan. Background The proposed pond construction and storm infrastructure improvements include a new pond at the far southeast corner of the Victory Park wetland, and improvements to the storm water system from East Research Center Road to the pond. The proposed pond construction and storm water infrastructure improvements would improve the water quality of the storm water rW10ff flowing into the wetland, and also help alleviate the flooding tl1at currently occurs at tl1e East Research Center Road and Boone A venue intersection during rain events. Council approved soil borings for the site this spring. The city engineer prepared plans and specifications, and the Council approved tl1e plans and authorized staff to advertise for bids on August 22,2005. The city is working with the adjacent property owners to acquire botl1 temporary and permanent access easements for the construction of the pond. Motion by &b~/fi1 . / (W1:lt /U:J Second by '-11. /1.J!- ( ()j!/~ To: {Je- ;dj I: \ RF A \ PUBWORKS \ 2005 \ 747 A ward Victory Park Pond.doc Project 747 - Victory Park Pond Request for Action, Page 2 September 26, 2005 Funding The engineer's preliminary construction cost estimate was $340,000 for construction of the pond and the storm water infrastructure improvements. Funding would be through the city's storm water fund and storm water pond fees in the amount of $37,500 that have been received from the Woodbridge Development. In addition, the city has been awarded a grant in the amount of $9,450 to be used for restoration expenses. Attachments The engineer's memorandum, a copy of the resolution, and a copy of the bid tab are attached. I: \ RF A \ PUB WORKS \ 2005 \ 7 47 Award Victory Park Pond.doc City of New Hope Resolution No. 05-125 Resolution awarding contract to Veit & Company, Inc. for the construction of a regional pond at the Victory Park wetland site (Improvement Project 747) WHEREAS, the city requires the assistance of a contractor in constructing a regional pond at the Victory Park wetland site; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the city has accepted bids for work described in the plans and specifications, and has identified the lowest responsible and responsive bidder. NOW, TI-IEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. That the contract for the construction of a regional pond is awarded to Veit & Company Inc. in the amount of $292,285.80; contingent upon the city receiving the necessary easements; 2. That a contract between the city of New Hope and Veit & Company Inc. is approved, and the mayor and city manager are authorized and directed to sign the same; Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 26th day of September 2005. 14J:;;! {t~ Mayor Attest ft1A-U-. ~L City Clerk .JJ1A Bonestroo ~ Rosene iI\li Anderlil< & 'ct \J ~ Associates Engineers & Architects 2335 West Highway 36 . St Paul. MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 wwwbonestroo com September 19,2005 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: Victory Park Pond Improvements Project City Project No. 747 File No. 000034-03149-0 Bid Results Bids were opened for the Project stated above on Friday, September 16,2005 at 10:00 A.M. Transmitted herewith is a copy of the Bid Tabulation for your infom1ation and file. Copies will also be distributed to each Bidder. There were a total of five Bids, The following summarizes the results of the Bids received: Low #2 #3 #4 #5 Contractor Veit & Company, Inc, Northwest Asphalt, Inc. a F. Jedlic1d, Inc. DMJ Corporation G. L. Contracting, Inc. Bid Amollllt $292,285.80 $307,639.50 $330,275.50 $368,257.20 $399,415.90 The low Bidder on the Project was Veit & Company, Inc, with a Base Bid of $292,285.80. This compares to the Engineer's Estimate of $330,000,00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Veit & Company, Inc. should be awarded the Project on the Base Bid Amount of $292,285.80. Should you have any questions, please feel free to contact me at (651) 604-4790. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, lNC. ..~ -/~y Vincent T. Vander Top, PE. Enclosure St Paul. St Cloud, Rochester. MN . Milwaul<ee. WI . Cllicago. 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DEBNER2 GORDON L. JENSEN1 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 November 14, 2005 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Victory Park Pond Improvements City Project No. 747 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, the insurance certificate, Performance Bond and Payment Bond for the referenced project. All are in order from a legal standpoint. Please be sure to retain the original Bonds and return one signed contract to the Contractor. Contact me if you have any other questions relating to this matter. 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 P:\Auom:::y\SAS\l Client Filcs\2 City of New Hope\99~10030 (Public Works gcneral)\V. Leone Itr - contracts Viclory Pond 747.doc JL1J Bonestroo ~ Rosene ~ Anderlil< & " ~ 1 Associates Engineers & Architects 2335 West Highway 36 . St. Paul. MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 www.bonestroo.com September 27,2005 Mr. Greg Boelke Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 Re: City of New Hope, Minnesota Victory Park Pond Improvements Project City Project No. 747 File No. 000034-03149-0 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 indenmity requirements shal1 be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed belO\v who wil1 review them for the City of New Hope: Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Crossing #201 Brooklyn Park, l'vIN 55443-1983 After the necessary officials have signed the Contracts, they will be distributed as fol1ows: 2 copies 1 copy 1 copy Veit & Company, Inc. (1 - your file, 1 - your bond company) City ofNe\v Hope, Attention: Valerie Leone Bonestroo & Associates, Attention: Vince Vander Top Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's Attorney, a pre-construction conference will be scheduled with you and the City of New Hope to revievi the Project. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~~~ Vincent T. Vander Top, 6' 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 ACQ,qQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) M 10/05/2005 PRODUCER (952) 707 -8290 FAX (952)890-0535 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Osborne & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 420 Gateway Boulevard HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Burnsville, MN 55337-2790 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Indemnity Co. of Ameri a Veit & Company, Inc. INSURER B: Travelers Prop. & Cas. Co. of Am ~rica 14000 Veit Place INSURER C: Arch Specialty Insurance Company Rogers, MN 55374 INSURER D: American Int'l Specialty Lines I s. CO. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN( ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~ ~,f?,~i TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY VTC2HC04071B748-TIA-05 01/01/2005 01/01/2006 EACH OCCURRENCE S 1,000,00( X COMMERCIAL GENERAL LIABILITY DAMAGE TO R~~!E'~_M' S 100,00( - =:J CLAIMS MADE 00 OCCUR 10,00( MEO EXP (Anyone person) S A X Contractual Liab. PERSONAL & AOV INJURY S 1,000,00( - 2,000,00( X XCU Coverage - Inc GENERAL AGGREGATE s - 2,000,00( GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG S I POLICY m ~~& m LOC AUTOMOBILE LIABILITY rrJCAP-5836B342-TIL-05 01/01/2005 01/01/2006 COMBINED SINGLE LIMIT X (Ea accident) S 1,000,000 ANY AUTO - ALL OWNED AUTOS BODILY INJURY - (Per person) S SCHEDULED AUTOS B - HIRED AUTOS BODILY INJURY c-- (Per accident) S NON-OWNED AUTOS '-- - PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT S 1 ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY 52ULP2006601 01/01/2005 01/01/2006 EACH OCCURRENCE S 5,000,000 [8] OCCUR D CLAIMS MADE AGGREGATE S 5,000,000 C S R DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND VTC2HUB-4837B482-05 01/01/2005 01/01/2006 X I T"),~$T~I,~~ I IOJbI' EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S 500,00( A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE S 500,00( If yes, describe under E.L. DISEASE - POLICY LIMIT S 500,00( SPECIAL PROVISIONS below ~';ilf'ractor I s Pollution CP08198891 01/01/2005 01/01/2006 $2,000,000 Each Loss D Liability $2,000,000 Aggregate $15,000 Deductible jfESCRIPTION OF OPERATIONS {LOCATIONS {VEHICLES {EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS E: Job# 050710 - Victory Park Pond Improvements CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of New Hope, Minnesota BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABILITY 4401 Xylon Avenue North OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. New Hope, MN 55428 AUTHORIZED REPRESENTATIVE (AA {",- ~ Mark N. Kamof/DAN ACORD 25 (2001/08) @ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) --n EI I TRANSMITTAL I & COMPANY, INC. 14000 VEIT PLACE, ROGERS, MN 55374-9583 763.428.2242 FAX 763.428.VEIT TO: Mr. Steven Sondrall FROM: Karen Kemmetmueller Jensen & Sondrall PA Project Coordinator 8525 Edinbrook Crossing #201 Veit & Company, Inc. Brooklyn Park, MN 55443-1983 14000 Veit Place Rogers, MN 55374-9583 763-428-9567 direct 763-428-8348 fax DATE: October 7, 2005 RE: Victory Park Pond Improvements Pro.iect - City of New HaDe YOU WILL FIND: D Shop Dwgs D Letter/Memo [ZJ Attached D Plans D Prints D Under separate cover via the following items: D Specifications D Purchase Order D Contract D Samples D Change Order D Other Copies Date No. Rev. Description 4 Shwed Contracts 1 Certificate of Insurance 1 Performance Bond 1 Payment Bond THESE ARE TRANSMITTED BELOW: D For approval D Review as submitted D For your use D Review as noted D As requested D Returned for corrections D For review/comment D For Bid Due D Resubmit _ copies for approval D Submit _ copies for distribution D Return _ corrected prints REMARKS: Enclosed are all four copies of the signed contracts, the performance and payment bonds, and a certificate of insurance for the above referenced project. Please let us know if you have any questions or need any additional information - otherwise please return one fully- executed contract to my attention. Thank you. D FAX ( Pages) D U.S. Mail DE-Mail D Courier D Fed Ex D _ PERFORl\1ANCE BOND Any singular reference to Contractor, Surety, Owner. or other party shall be considered plural where applicable. CONTR;:\CTOR (Name and Address): Veit & Company, Inc. 14000 Veit place Rogers, MN 55374 OWNER (Name and Address): City of New Hope, MN 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Date: October 10, 2005 Amount: Two hundred ninety two thousand two hundred eighty-five and 80/100 Dollars Description (Name and Location): Victory Park Pond Improvements, City Project No. 747, New Hope, MN SURETY (Name and Address of Principal Place of Business): Western Surety Company CNA Ciaims Address: 101 South Phillips Avenue c/o CNA Surety . 5201 Eden Avenue, Suite 300 Sioux Falls, SO 57117 Edina, MN 55436 952-285-4315 BOND Bond Number: Bond Number: 929372844 Date (Not earlier than Contract Date): October 10, 2005 Amount: Two hundred ninety two thousand two hundred eighty-five and8Q/1 00 Dollars Modifications to this Bond Form; na 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 .A..S PRINCIPAL Company: v;~t:~pant Inc. j Signature: / . ~~y~ (Seal) Name andiltle: ~V-ct1\t?()-c: {(~ , , <::::tf\ 11V~( u.,., P tf[.?; I ctCI\:;f StJRETY (Space is provided below for signatures of additional parties, ifrequir~d.) Western Surety Company Surety's Name and Corporate Seal, D.. -1< ~f - By: \ LV . r----!~ . ,v~ Signature and Title Kath A. Dircz, Attorney-in-Fact (Attach Power of Attorney) ~ afi'J. Hutt, Witness (Seal) '- Attest: Signature and Title CONTRACTOR AS PRINCIPAL Company: SlJ'"R.ETY Signature: Name and Title: (Seal) (Seal) Surety's 'Name and Corporate Seal By: Signature and Title (Attach Fower of Attorney) Attest: Signature and Title: EJCDC No. C-61 0 (2002 Edition) Originally prepored through the joinl efforts of the Suret)' Assodution of America, Engineers Joint Contrnct Documents Committee, the Associated Genernl Contractors of America, ond the American Institute of Architects. 00610-1 1. ContruclOr and Surery. jointly and severally. bind themselves. their heirs. execulors. adminisllulDrs. successors. and il5signs to Owner for the performance of the Conmcr. which is incorpomled herein by reference. 2. If Commclor perfonns the Contract, Surety and Contractor have no obligation under this Bond. e.xcepr ID panicipale in conferences as pro\'ided in Paragraph 3.1. 3. If there is no Owner Defuull, Surety's obligation under this Bond shall arise after: 3.1. Owner hllS notified Contractor and Surety, at the addresses described in Paragraph 10 below. that Owner is considering declaring a Contractor Default and has requesled and anempled 10 arrange a conference with ContraclOr and Surer)' to be held nO! laler than 15 da)'5 afier receipt of such notice to discuss methods of performing the Contract. If Owner, ContraclOr and Surely agree, Cnntractor shall be allowed a rei150nable time to perform the Comract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contraclor Default; and 3.2. Owner hllS declared a Conmlctor Default and formally terminated Conrn:;ctor's right to complete the ComracL Such Contractor Defuult shall nOl be declared earlier than 20 days after ComraclOr and Surety have received notice llS provided in Pamgraph 3.1; and 3.3. Owner has agreed 10 pay lhe Balance of the Conlr.lcl Price to: 1. SurelY in accorJance with the lerms of the Contract; 2. AnOlher COntraCtor selected pursuant 10 Parngrnph 4.3 10 perform the Contract. 4. When Owner has satisfied the conditions of Paragmph 3, Surety shall promptly and at Surety's expense lake one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, 10 perfurrn and complete the Contract; or </ .2. Undenake [0 perform and complefe ute Contract ilSelf, chrough irs agenl.5 or through independent contractors; or 4.3. Obtain bids or negolialed proposals from qualified eontraClors acceptable to Owner for a conITact for performance and comple~ion of the Contract, amnge for a contract to be prepared for execution by Owner and Contraclor selected' with Owner's concurrence, 10 be secure'll with performance and paymem bor.ds executed by a qualified surety equivalent to the bonds issued on the Commct, and pay to Owner che amount of damages as described in Paragraph 6 in exCC.'iS of che Balance of the Contract Price incurred by Owner resultlng from ContrOclOr Demull; or 4.4. Waive il.5 right 10 perform and complete, amnge for completion. or obmin a ne\\' conlr.lCIOr and with reasonable prompmess under Ihe circumstances: i. After investigation, delermine the amount for which it may he liable 10 Owner and, as 5000 as 'prJeticablc aFier the amount is determined, tender payment therefor to Owner; or 2. Deny liabiliL'J in whole or in pan and nmiry Owner citing reasons therefor. 5. If Surety does not proceed as provided in Paragraph <I with reasonable promptness, Surety shall be deemed to be in default on this Bond J5 days after receipl of an additional wriuen notice from Owner [Q Surety demanding that Surety perform il.5 obligations under this Bond, and Owner shall be entitled to enforce any remedy available 10 Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tcndered or Surety has denied liability, in wholc or in part, without further notice Owner shall be entitled to enforce any remedy available 10 Owner. 6. AFicr Owner has terminated Contractor's right to complete tlle Contract, and if Surety eleclS to act under Parngraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surel}' to O\\71er saalf not be grearer lilan chose of COnlr.lCIOr under we Cono-dct, and the responsibilities of Owner to Surety shall nO! be greater than those of Owner under Ihe Conrn:;ct. To a limit of me amoum of this Bond, but subject 10 commitmem by Owner of the Balance of the Comract Price [0 mirieation of COSI.5 and damages on the Contract, SUrety is obligated wimout duplication fur: 6.1. The responsibilities of ContraclOr for correction of defective Work and completion of Ibe Conlr.lct; . 6.2. Additional legal, design professional, and delay COSlS resulting from Contractor's Default, and resulting from the actions or failure 10 act of Surery under Paragraph 4; and 6.3. Liquidated damages, or if no Iiquidnled damages are specified in me Contract, actual damages caused by clelayed performnnce or non- performance of Comractor. 7. Surerv shall not be liable 10 Owner or others for oblitmtlons of COnlr.lclOr thnt are unrel~led 10 tbe CODtrOct, and the Balance of the Contract Price shall not be reduced or set off on accoum of any such unrelated obligations. No righr of action shall accrue on mis Bond to any person or emity other than Owner or ilS heiro, exccUloro, adminislrillors, or successors. 8. Surel}' hereby Wilh'es notice af anj' change, incJuding changes Df lime, W Contract or [Q related subcomraclS, purchase orders, and other obligations. 9. Any proceeding, legal or equimble, under this Bond may be in5tinned in any court of competent jurisdiction in the location in which the Work or pan of the Work is located and shall be instituted within IWO years after ComrnclOr Default or within twO years after Comractor ceased working or within two years after Surety refuses or fails to perform ilS obligations under this Bond, whichever occurs firs!. If me provisions of lhis paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdictlon of the suit shall be applicable. !G. Notice co Surety, Owner, or ComrnclOr sltall be mailed or delivered to me address shown on the signnwre page. 11. When this Bond has been furnished to comply with a SlalUtOry requirement in the lncation where tlte Contract was to be performed, any provision in this Bond conflicting widl said statutory reqniremem shall be deemed deleted herefrom and provisions conforming 10 such statutory requirement shall be deemed incoijlorared herein. The iment is thnt this Bond shall be construed as a SIaDJtory bond and not as a common law bond. 12. Definitions. 12.J Balance of the Contract Price: Tbe toml amOUD! payable by Owner to ComractOr under Lie COntrolCt after all proper adjuslmenlS have been made, including allowance to Contractor of anv amounlS received Dr [0 be received by- Owner in sel1lemem of insuru'nce or other Claims for damages to which Comractor is entitled, reduced by all valid and proper paymenl.5 made [Q or on behalf of Contractor under the ComracL 12.2. Conlr.lct: The agreement between Owncr nnd Contractor idemified on the signature page, inCluding all Controlct DocumenlS nnd changes thereto. 12.3. COn/metDr Defaull: FaHure of Canrracror, ll'hiciJ has neilher been remedied nor waived, to perform or otherwise to compl)' with the lerms of rhe Conlr.lct. 12.4. Owner Default: Failure of Owner, which has neither be::n lemedied nor waived, to pOly Comractor as required by the Commct or 10 perform and complele or comply with thc other terms mereof. FOR INFORMA TlON ONLY - Name, Address and Telepl10ne Surety Agency or Broker Osborne & Associates: 420 Gateway Boulevard, Burnsville, MN 55337 952-707-8200 Owner's Representative (engineer Dr other party) Bonestroo, Rosene Anderlik and Associates 00610-2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gordon D Olsen, Kathryn A Dircz, Cathy Albachten, Dennis G Diessner, Veronika Petersen, Mark N Kampf, Donald L Kuplic, Kathleen L Lundquist, Bryan J Huft, Individually of Burnsville, MN, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 15th day of December, 2004. ~~~S;Er~, $~~+;;--::::-'" "t.. !/!!IQ~~OIl"l;"~\ i:f<.l (C\\~i ~~~\.sCA""/~ {~&., WESTERN SURETY COMPANY ~~~;"Vk'P=;d'" State of South Dakota County of Minnehaha } ss On this 15th day of December, 2004, before me personally carne Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30, 2006 +"'""...........""''''''t..,,,.......'''Cot''tCot,,...'''..''' + $ D. KRELL $ ~ ~ $~NOTARY PUBLIC~$ A~)~SOUTH OAKOTA~~ ~ ~ +c.,c..,c.,..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,c,,c,,c.,,,,,,,,, + ~ ~,",lk My commission expires CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this lOt h day of 0 C t 0 be r 2005 ,+"~;rID~,, /~;.-;o:;-.-{~ g~{~~ "l~\~~ EW\ 1z1 ~.....scA..../~ff ~~ WESTERN SURETY COMPANY q. ~{~~S=bry Form F4280-01-02 Authorizing By-Law ADOPTEDBYTHESHAREHOLDERSOFWESTERNSURETYCONWANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. NOTICE In accordance with the Tel'IOl'ism Risk Insill'mca Act or 2002, we are pravidh"1.g this disclosura notice for bonds and certain insurance policies on which one or mOl'e or the Vlriting Companies identified below is the surat-j or msurer. To principals on bonds and insureds on certain insurance policies w.dtten by an.y one or more of the following companies (collectively the IIWriting OompanieslJ) as Sill'Sty 01' msure:r: Westel'D. Sursty Company, Universal Sill'Sty of _4..mel'ic~ Smsty Bonding Company of America, Continental Casualt-j Company, National Fire Insurance Oampany ofH8.l.--tIord, }...merican Oasualty Oompany of Reailing, FA, The Firemen\s Insurance Company of Newark: NJ, and The Continental Insurance Oompany. DISOLOSURE OF PRElV.ITUM The premium aLLtibutable to CQverage for te1'Torist acts c81iified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL P)"...RTIOIPATION IN PAYiVIENT OF TERRORISiVl LOSSES The United States will pay ninety percen.t (90%) of covered terrmism losses exceeding the applicable smerj/insurer deductible. form F73iO PAYlVIENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Veit & Company, Inc. 14000 Veit place Rogers, MN 55374 m'\ty;'NER (Name and Address): ClOT Naw Hope 44 1 Xylon Avenue North New Hope, MN 55428 CONTRACT Date: October 10, 2005 Amount: Two hundred ninety two thousand two hundred eighty-five and 80/100 Dollars Description (Name and Location): Victory Park Pond Improvements, City Project No. 747, New Hope, MN SURETY (Name and Address of Principal Place of Business): Western Surety Company CNA Claims Address: 1 01 S h Ph. II. clo CNA Surety . out I IpS Avenue 5201 Eden Avenue, Suite 300 SIOUX Fails, SO 57117 Edina, MN 55436 952-285-4315 BOND Bond Number: Bond Number: 929372844 Date (Not earlier than Contract Date): October 10, 2005 Amount Two hundred ninety two thousand two hundred eighty-five and 80/100 Dollars Modifications to this Bond Form: na 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. CONTRA.CTOR AS PRINCIPAL Comp",y v~'lWfcompa'iYr ii Signature: . / ~ / Ie $ ~ c- (Seal) Name and-title: Gvp\ f)-velte...- ; , - c....' y" I / i u.., ~') IlL. L.:;. \ J..u.~.;+-- ",,-'M)Y v ~ SURETY Western Surety Company (Seal) ::'~'sN=~~AO~ Signature and Title Kath n A. Dircz, Attorney-In-Fact (Attach Power of Attorney) Attest: Signature and Title (Space is provided below for signatures of additional parties, ifrequired.) CONTRACTOR AS PRINCIPAL Company: SURETY Signature: Name and Title: ( Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C-615 (2002 Editiun) OriginaU)' prepared through the juint efforts of l11e Surel)' Assuciation of America, Engineers Joint Contract Docwneuts Corrunittee, the Assuciated General Contractors of America, the American Institute of Architects, the American Subcontractors Associotion, and tbe Associated SpCi:ioIt;j' Contractors. f1l1hl ~_1 1. Comractor and Surety, jointly and severally, bind themselves, their heirs, execurors, administrators, successors, and assigns to Owner ro pay for labor, materials, and equipment furnished by Claimants for use in the perfonnance of the Contract, which is incol1lor.ued 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 hannless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or emity who furnished labor, materials, or equipment for use in the perfonnam:e of the Contract, provided Owner has promptly noti fied Contractor and Surety (at the addresses described in Paragraph 12) of any c:laims, tlemands, liens, or suits and tendered tlefense of such c:laims, demands, liens, or suits to COl1IIilCIOr and Surety, and provided there is no Owner Default. 3. With respect to Qaimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. SureLy shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with ContraCior have given notice to Surely (at the addresses described iri. Paragraph 12) and sent a copy, orncitice thereof, 10 Owner, stating that a c:laim is being made under this ;lond and, with subsr:mtial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contrm:tor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof. to Owner, within 90 days after having last perfonned labor or last furnished materials or equipment included in the claim statiog, with substamial act:llracy, the amount of the claim and the name of the pnrry to wham 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 pan from Contractor, or not received within 30 days of furnishing the above notice an)' communication from ConmclOr by which Contractqr, had indicated the cl<iim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a wrillen notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Band and enclosing a copy of the previous ""TInen notice furnished to Contracuir. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to SureLy, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surery shall promptly and at SUrery's e.-.;pense I1lke 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 IOml obligation shall nOl exceed the amount of this Bond, and the amount of this Band shall be credited for any payments made in good fai!b by SureLy . 8. Amounts owed by Owner to Contractor under the Contract shall be used far the perfonnance of the Contract and to sarisfy claims, if any, under any performance bond. By Contractor furnishillg and Owner accepting this Bond, they agree that all funds earned by Conmctor in the performance of the Comract are dedicated to satisfy obligations of Contractor and SureLy under this Band, subject to Owner's priority to use the funds for the comoletion of the Work. - 9. SureI}' shall not be liable to Owner, Claimants, or others for obligations of ContractOr that are unrelated to the Contract. Owner shall nOl be liable far payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations 10 make payments 10, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. SureLy 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 bv a Claimant under this Bond other than ill a court of competent jurisdiction in "the location in which the Work or pan of dle Work is located or after the expiration of one year from the date (1) on which the Oaimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service '.vas perionned by anyone or the last materials or equipment were furnished by anyone under the Constrm:tion Contracr, whichever of (l) or (2) fIrSt occurs. If the provisions . of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in !be 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 signawre page. Acwal receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of LlJe date received at the address sholm on the signawre page. 13. When this Bond has been furnished 10 comply with a staWlory requirement in the location where the Contracr was to be performed, any provision in this Bond conflicting with said stawtory requirement shall be deemed deleted here from and provisions conforming to such stawtory requirement shall be deemed incol1lorated herein. The intent is that this Band shall be consrrued as a Statutory Bond and not as a cornman law bond. J 4. Upon request of any person or entiLy 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. DEFlt.'\!ITIONS 15.1. Claimant: An individual or entity having a direct controlct with Contractor, or with a first-rler subcontractor of ContraCtor; to furnish labor, materials, or equipment for .use in the performance of the ContraCL The intent of this Bond shall be to include without Iimiwtion in l.:1e lerms "labor, materials or equipment" that pan of water, gas, power, light, heat, ail, gasoline, telephone service, or remal equipmem used in the Contract, architecrural and engineering services required far perfonnance of the Work of Contractor and Contractor's Subcontractors, wid all other items for which a mechanic's lien may be assened in the jurisdiction where the labor, materials, or equipmem were furnished. 15.2. Contract: The agreement between Owner and Contractor identified on the signawre page, including all Contract DocumentS and changes thereto. 15.3. Owner Default: Failure of OI\l1er, which has neither been remedied nor waived, 10 pay Contractor as required by the Comrolct or to perfonn and compleie or comply II~th the other lenns thereof. FOR INFOR!\lATION ON1..Y - Name Address and Telephone Surety Agenc)' or Brol,er: Osborne & Associates: 420 Gateway Boulevard, Burnsville, MN 55337-952-707-8200 Owner's Representntive (engineer or other part)'): Bonestroo, Rosene Anderlik and Associates nl1h1:: ., Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux FaIls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gordon D Olsen, Kathryn A Dircz, Cathy Albachten, Dennis G Diessner, Veronika Petersen, Mark N Kampf, Donald L Kuplic, Kathleen L Lundquist, Bryan J Hurt, Individually of BurnsvilIe, MN, its true and lawful Attorney(s)-in-Fact with fuIl power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 15th day of December, 2004. ~'.;;R~" ~~~....~.....C'o~ f/:!:~o~~OIi.IJ;'\~\ ~:3\Ci ~)S;i ~~.~~",Y/~i ..~~~ WESTERN SURETY COMPANY -IZt:~1::"i"Vi"P~id'"' State of South Dakota County of Minnehaha } ss On this 15th day of December, 2004, before me personaIly came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux FaIls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30, 2006 +"''''",'''..'''''''''..''''''..'''..'''..'''..''''''..'''.... + ~ D. KRELL ~ s s :~NOTARY PUBI.IC~: s~SOUTH DAKOTA~s s s +"""'...."''''..''''..'''....'''c.,'''....'''''''''''''''.. + ~ My commission expires CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is stilI in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 10th day of October 2005 WESTERN SURETY COMPANY g: ~~~s"re,", Fonn F4280-O 1-02 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corpomte seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corpomte seal may be printed by facsimile. NOTICE In accordance with the Tel'tOl'ism Risk Insurance Act of 2002~ we are providing this disclosure notice ror bonds and certain in.sm'ance policies on which one or more or the Writing Companies identified below is the surety or insurer. To principals on bonds and ;11pureds on. certain mSill'aIl.ce policies w-ritten by anyone or more of the following companies (collectively the IlWriting OompanieslJ) as surety or insurer: vr estern Surety Oompany, Universal Surety of .A.mel'ic~ Surety Banding Company of .A.metica, Oontinental Oasualty Company, National Fire Insurance Oompany of HBl--t:ford~ .A.merican. Oasualty Company of Reading, P}~ The Firemen's Insurance Company of Newark, NJ~ and The OontmentalInsill'aIl.ce Oompany. DISOLOSURE OF PRElVIIUM The premium ai.i.dbutable to coverage for te1'Torist acts cerjified undel' the Act was Zero Dollars ($0.00). DISOLOSURE OF FEDERAL P ARTICIP ATION IN PAYjVIENT OF TERRORIS],1 LOSSES The United States will pay ninety percent (90%) of covered teuOlism losses exceeiling the applicable surety/insurer deductible. Form F7310 November 17, 2005 Mr. Greg Boelke Veit & Company, Inc. 1 4000 Veit Place Rogers, MN 55374 SUBJECT: VICTORY PARK POND IMPROVEMENTS (IMPROVEMENT PROJECT NO. 747) Enclosed are two fully executed contract documents for New Hope Project No. 747. 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 26,2005, for $292,285.80. Also enclosed is a "Withholding Affidavit for Contractors" (IC-134 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Should you have any questions regarding the project, please contact Vince VanderTop, Assistant City Engineer, at 651-636-4790. Singerely, j::... u "'- .--7\.= ; DQ r,-..../Uc Valerie Leone City Clerk, CMC Enclosures - Contract, IC-134 cc: Steve Sondrall, City Attorney (File No. 99.10030) Vince VanderTop, Assistant City Engineer (File No. 34-03149-0) Guy Johnson, Director of Public Works CITY OF NEW HOPE 4401 Xylon Avenue North · New Hope, Minnesota 55428-4898 · www.ci.new-hope.mn.us City Hall: 763-531-5100. Police (non-emergency): 763-531-5170. Public Works: 763-592-6777. TDD: 763-531-5109 City Hall Fax: 763-531-5136. Police Fa-x: 763-531-5174. Public Works Fax: 763-592-6776 COUNCIL ., ,/' h C-&7-,,;fla.-e.,f ~, Request for Action Originating Department Approved for Agenda Agenda Section Public Works August 28, 2006 Consent Item No. By: Guy Johnson 6.5 Resolution to accept the Victory Park wetland site regional pond project and approve the final payment request (improvement project 747) Requested Action Staff recommends that Council approve a resolution to accept tl1e Victory Park wetland site regional pond project and authorize final payment to Veit & Company Inc., in the amow1t of $15,167.90. Policy/Past Practice The new regional water quality pond at this location was part of the city's 1996 Surface Water Management Plan. Background The project included the construction of a new regional pond at the far southeast corner of the Victory Park wetland, and improvements to the storm water infrastructure from East Research Center Road to the pond. The pond construction and storm water infrastructure improvements will improve the water quality of the storm water rW10ff flowing into the wetland, and also help alleviate the flooding that currently occurs at tl1e East Research Center Road and Boone Avenue intersection during rain events. The city engineer prepared plans and specifications, and the Council approved the plans and authorized staff to advertise for bids on August 22,2005. The Council awarded a contract to Veit & Company Inc., on September 28, 2005, and the Council accepted easements from the adjacent property owners on March 13, 2006. Motion by OniGrYlIL;'0 Second by To: ; """ I: \ RF A \ PUBWORKs \ 2006 \ 747 Victory Pond Final.doc Request for Action August 28, 2006 Page 2 Funding Veit's original bid for the project was $292,285.80. Additional soil excavation was necessary to complete the wetland mitigation required by the Department of Natural Resources during construction of the new regional pond. The additional excavation quantities brought the value of work completed to $303,358.10. The engineer's preliminary construction cost estimate was $340,000 for construction of the pond and the storm water infrastructure improvements. Funding was through the city's storm water fund and storm water pond fees in the amount of $37,500 that have been received from the Woodbridge Development. In addition, the city received a grant in the amount of $9,450 for a portion of the restoration expenses. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance of the project, and the final pay request. I:\RFA \ PUBWORK5\ 2006\ 747 Victory Pond Final.doc City of New Hope Resolution No. 06- 122 Resolution to accept the Victory Park wetland site regional pond project and approve the final payment request (improvement project 747) WHEREAS, the city has entered into a contract with Veit & Company Inc. for the construction of a new regional pond at the far southeast corner of the Victory Park wetland, and improvements to the storm water infrastructure from East Research Center Road; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 747 and approve final payment to Veit & Company Inc. in the amount of $15,167.90; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Veit & Company Inc. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the Victory Park wetland site regional pond project from Veit & Company Inc. 2. That the city manager is hereby directed to authorize the final payment of $15,167.90 to Veit & Company Inc. subject to submittals of the required IC-134 Forms. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 28th day of August, 2006. Attest: ~u0-r1L Mayor City Clerk I:RFA \Pubworks\2006\747 Victory Pond Final Resolution AMi Bonestroo =" ,,,q Rosene ~""l F:;':d -. " Anderlil< & ~. Associates Engineers 0. Architects 2335 West Highway 36 · St. Paul, MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 www.bonestroo.com August 14,2006 Mr. Guy Johnson City of New Hope 5500 International Pkwy. New Hope, MN 55428 Re: Victory Park Pond Improvements, City Project No. 781 Request for Final Payment BRAA # 000034-03149-0 Dear Guy, Enclosed find the signed final pay request for the Victory Park Pond Improvements project All work on the project has been completed and the plantings and seeding accepted. The contract amount is for $292,285.80. Final payment is for $15,167.90, bringing the total cost to $303,358.10 or $11,072.30 (3.8%) over budget The increased costs resulted from an overrun of common excavation. Additional excavation was required to satisfy the wetland creation required to mitigate that impacted by the pond construction. We recommend final payment be approved in the amount of$15,167.90. Payment could be released upon receipt of the necessary IC-134 forms. Please feel free to contact me at 651-604-4938 if you have any questions. Yours truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES ~,~~ Jason Quisberg Enclosures · St. Paul St. Cloud Rocheste MN. Milwau Affirmative Action/Equal Opportunity Employer and Employee Owned J1]J Bonestroo I.l[]I Rosene... UAnderlik & .1~' Associates Engineers & Architects Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: August 10,2006 For Period: 6/20/2006 to 8/10/2006 Request No: 4 AND FINAL Contractor: Veit and Company, Inc., 14000 Veit Place, Rogers, MN 55374 CONTRACTOR'S REQUEST FOR PAYMENT VICTORY PARK POND IMPROVEMENTS BRA FILE NO. 000034-03149-0 CITY PROJECT NO. 747 SUMMARY Original Contract Amount $ 292,285.80 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 292,285.80 5 Value Completed to Date $ 303,358.10 6 Material on Hand $ 0.00 7 Amount Earned $ 303,358.10 8 Less Retainage 0% $ 0.00 9 Subtotal $ 303,358.10 10 Less Amount Paid Previously $ 288,190.20 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 4 AND FINAL $ 15.167.90 Recommended for Approval by: BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC. ~~ Approved by Contractor: VE37~___~__ Approved by Owner: CITY NEW HOPE j, pi I Specified Contract Completion Date: Date: ~/;A(loro / - I 3403149REQ4.yJs Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID: 1 MOBILIZATION LS 1 2000.00 $2,000.00 2 TRAFFIC CONTROL LS 1 1000.00 $1,000.00 3 STREET SWEEPER WITH OPERATOR HR 8 115.00 $0.00 4 CLEARING AND GRUBBING AC 0.8 1000.00 0.8 $800.00 5 REMOVE EXISTING TREE EA 30 110.00 30 $3,300.00 6 REMOVE CONCRETE CURB AND GUTTER LF 115 5.00 182 $910.00 7 SAWING BITUMINOUS PAVEMENT LF 125 3.50 24 $84.00 8 REMOVE BITUMINOUS PAVEMENT SY 1535 1.50 1436 $2,154.00 9 REMOVE 9'VSP SANITARY SEWER LF 60 17.00 35 $595.00 10 REMOVE 24" RCP STORM SEWER PIPE LF 50 17.00 50 $850.00 11 REMOVE 36" RCP STORM SEWER PIPE LF 271 17.00 276 $4,692.00 12 REMOVE STORM SEWER MANHOLE EA 1 631.75 1 $631.75 13 PLUG AND FILL EX. STORM SEWER PIPE LF 200 23.80 190 $4,522.00 14 REMOVE 8" CIP WATER MAIN LF 30 17.20 30 $516.00 15 COMMON EXCAVATION CY 7500 17.00 8700 $147,900.00 16 TYPE LV 3 WEARING COURSE MIXTURE (B) TN 146 58.00 155 $8,990.00 17 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 583 47.00 514 $24,158.00 18 BITUMINOUS MATERIAL FOR TACK COAT GAL 154 3.10 72 $223.20 19 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 1165 6.00 941 $5,646.00 20 B618 CONCRETE CURB AND GUTTER LF 115 26.00 182 $4,732.00 21 CURB INSULATION BLANKET LF 115 5.00 $0.00 22 12" PVC STORM SEWER, SDR 26 LF 51 45.15 51 $2,302.65 23 15" PVC STORM SEWER, SDR 26 LF 20 50.40 20 $1,008.00 24 24" RCP STORM SEWER, CLASS 5 LF 10 67.00 10 $670.00 25 54" RCP STORM SEWER, CLASS 2 LF 270 125.80 270 $33,966.00 26 54" LR BEND EA 3 985.00 3 $2,955.00 27 24" RCP FLARED END SECTION EA 1 1485.00 1 $1,485.00 28 54" RCP FLARED END SECTION EA 1 3725.00 1 $3,725.00 29 CLASS III RANDOM RIPRAP CY 45 70.00 45 $3,150.00 30 CLASS IV RANDOM RIPRAP CY 60 73.00 60 $4,380.00 31 CONSTRUCT MH OVER EXISTING PIPE EA 1 1880.00 1 $1,880.00 32 7' DIA STORM SEWER MH, 8' DEEP, INCL R-1642-B CST< EA 1 4800.00 1 $4,800.00 33 2' X 3' CB, INCL. R-3067-V CSTG. EA 1 1240.00 1 $1,240.00 34 4' DIA STORM SEWER CBMH, INC R-3067-V, CSTG AND CONC ADJ RINGS EA 1 1880.00 1 $1,880.00 35 CONNECT TO EXISTING STORM MANHOLE EA 1 700.00 1 $700.00 36 BULKHEAD EXISTING SANITARY SEWER EA 2 155.00 3 $465.00 37 CONNECT TO EXISTING SANITARY SEWER PIPE EA 1 620.00 1 $620.00 38 RECONNECT SANITARY SEWER SERVICE EA 1 510.00 1 $510.00 39 4" DIP SANITARY SEWER, CL. 52 LF 40 27.50 25 $687.50 40 INSULATE SANITARY SEWER SERVICE, 2" THICK, INCL SAND CUSHION SY 7 50.00 $0.00 41 2" CORPORATION STOP WITH 8" SADDLE EA 1 340.00 1 $340.00 42 2" TYPE "K" COPPER WATER SERVICE LF 10 83.00 10 $830.00 43 CONNECT TO EXISTING WATER SERVICE EA 1 310.00 1 S310.00 44 8"WATER MAIN OFFSET EA 1 4300.00 1 $4,300.00 45 TOPSOIL BORROW (LV) CY 200 5.00 $0.00 46 MNDOT SEED MIX 25B WITH FIBER BLANKET AC 0.3 4000.00 0.3 S1,200.00 47 MNDOT SEED MIX 340 AC 0.5 6000.00 0.3 $1,800.00 48 RED MAPLE, 2" CAL. B&B EA 8 300.00 8 S2,400.00 49 TAMARACK, 6' B&B EA 6 300.00 6 $1,800.00 50 SWAMP WHITE OAK, 2" CAL. B&B EA 8 300.00 8 S2,400.00 51 REDOSIER DOGWOOD, 2 GALLON EA 47 50.00 47 $2,350.00 52 AMERICAN ELDER, 2 GALLON EA 16 50.00 16 S800.00 53 NANNYBERRY VIBURNUM, 2 GALLON EA 24 50.00 24 S1,200.00 54 WETLAND PLANTS, 4" POT EA 200 15.00 200 $3,000.00 55 SIL T FENCE, TYPE MACHINE SLICED LF 460 2.25 SO.OO 56 PROTECTION OF CATCH BASIN IN STREET EA 2 100.00 SO.OO 57 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 1 500.00 S500.00 58 EROSION CONTROL BLANKETS, CATEGORY 2 SY 156 3.00 SO.OO TOTAL BASE BID: $303,358.10 TOTAL BASE BID: $303,358.10 TOTAL WORK COMPLETED TO DATE $303,358.10 3403149RE04.>ds PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 747 BRA FILE NO. 000034-03149-0 CONTRACTOR VEIT AND COMPANY, INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainage Completed 1 10/03/2005 11/21/05 94,355.81 4,966.10 99,321.91 2 11/22/2005 01/11/06 168,694.35 13,844.75 276,894.91 3 01/12/2006 06/19/06 25,140.04 15,167.91 303,358.11 4 AND FINAL 06/20/2006 08/10/06 15,167.90 303,358.10 Material on Hand Total Pavment to Date $303,358.10 Oriqinal Contract $292,285.80 Retainage Pav No 4 AND FINAL Chanqe Orders Total Amount Earned $303,358.10 Revised Contract $292,285.80 3403149REQ4.x!s I TRANSMITTAL I Specialty Contracting & Waste Management 14000 Veit Place - Rogers, MN 55374 763-428-2242 Fax 763-428-8348 TO: City of New Hope FROM: Karen Kemmetmueller Attn: Guy Johnson Project Coordinator 5500 International Parkway Veit & Company, Inc. New Hope, MN 55428 Direct Dial-763-428-9567 Bonestroo, Rosene, Anderlik & Assoc. Attn. TaM" QU'Sharu . u ~v... .& u....... b 2335 W. Highway 36 St. Paul, MN 55113 DATE: Se tember 13, 2006 RE: Victor Park Ponds YOU WILL FIND: D Shop Dwgs D Letter/Memo o Attached D Plans D Prints D Under separate cover via the following items: D Specifications D Purchase Order D Contract D Samples D Change Order D Other Callies Date No. Rev. Description 1 IC-134 THESE ARE TRANSMITTED BELOW: D For approval D Review as submitted D For your use D Review as noted D As requested D Returned for corrections D For review/comment D For Bid Due D Resubmit _ copies for approval D Submit _ copies for distribution D Return _ corrected prints REMARKS: D FAX ( Pages) D U.S. Mail DE-Mail D Courier D Fed Ex 0 _ MINNESOTA 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. IC-134 Please type or print clearly. This will be your mailing label for retuming the completed form. Type Or Print Company name Daytime phone Minnesota withholding tax 10 number Veit & Company, Inc. 763-428-2242 9003428 Address Total contract amount Month/year work began 14000 Veit Place $ 303,358.10 10-05 City State Zip Code Amount still due Month/year work ended Rogers MN 55374 $ 15,167.91 06-06 Project number Project location Imp. Project No. 747 SW of Boone Avenue & Bass Lake Road - New Hope, Minnesota Proj;:;ct owner Address City Stale Zip code City of New Hope 4401 Xylon Avenue N New Hope MN 55428 Did you have employees work on this project? _x_ Yes _ No If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. Sole contractor Subcontractor Name of contractor who hired you Address _x_Prime contractor- If you subcontracted out any work on this project, all of your subcontractors must file their own IC-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 IC-134. If you need more space, attach a separate sheet. Business name Address Owner/Officer None I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department Of Revenue to disclose pertinent information relating to this proJect, Including sending copies of this form, to the prime contractor if " am a Subcontpactor and to aryf subcontractors if I am a prime contractor, and to the contracting agency. ~'ntr 6tor's.si~t Title ~'--.' . ( Sign L.-r . .t/2.(::dA7E6~-;;j"::.:::=::c:c;:=:=:::.._. Project Coordinator 'KSl~en Kem'metrl1ueller ~ Mail to: MN Dept. of Revenue, Withholding Division, Mail Station 6610, St. Paul, MN 55146-6610 Date 8-30-06 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 andlor its subdivisions. Department of Revenlftpp al Date ~: Stock No. 5000134 (Rev. 11/95) MINNESOTA. REYENUI; Contractor's Withholding Affidavit ConfirmatIon [) MJ CORP 10 3142780 Please keep this information for your records. Submit a oopy of this page to the business that hired you to receive your final payment Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors 129214 Fri Sep 22 12:12:40 CDT 2006 CITY OF NEW HOPE 050710 November 2005 June 2006 VICTORY PONDS No subcontraotors listed. /j ! e1J7L,:~J- Project Mannal For Victory Park Pond Improvements City Project No. 747 ew Hope, Minll.esota File No. 000034-03149-0c August 2005 . Bonestroo _ ._ Rosene B~~e::;~e~ Engineers & Architects 114 Bonestroo IlllEIII Rosene "I\lI Ander/if< & . \J' Associates Engineers & Architects ADDENDUM NO.1 For VICTORY PARK POND IMPROVEMENTS CITY PROJECT NO. 747 FILE NO. 000034-03149-0 NEW HOPE, MINNESOTA September 15, 2005 Number of Pages 10 (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) 604-4919 - Brent Pember, 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 000034-03149-0 A1-1 ADDENDUM NO. I DOCUMENT 00300 - INFORMATION AVAILABLE TO BIDDERS 1. Attached are Braun Intertec's Boring Logs (8 pages) dated April 20, 2005, for your reference. LIST OF ATTACHMENTS 1. Braun Intertec's Boring Logs. END OF ADDENDUM 000034-03149-0 Al-2 ADDENDUM NO.1 ~~AUN'" INTERTEC Braun Project SP-05-00814 Geotechnical Evaluation Victory Park Pond Improvements SW of Boone Avenue and Bass Lake Road New Hope, Minnesota DRILLER: M McWilliams IrvlliTHOD: 3 ]/4" HSA, AUlohmr Depth feet 0.0 ASTIvI Symbol FILL 2.0 FILL I- 4.0 FILL '-- elf- :2 "@I- >- ~ ~ 8 6 :s SP' '- 9.0 o ~ s ~- ~ <ll '- ::;1- '" '" "'I- >- OJ o g- g~ 1-- ~ :).) ~I- g u '" '" a '" '" ~- - ~l-- '" '" ~~ ~ ....1- a lJ ~~ ;5 :;:; ~ ~ .,. '" '" ~ ? ;;; o :3 u -- ~ '" 51- ::5 :;:; BORING: LOG OF BORING LOCATION: See attached sketch ST-l DATE: Description of Materials (ASTM D2488 or D2487) FILL: Organic Silt, tmce of Roots, dark brown, wet BPF WL - FilL Silty Sand, fine- to medium-grained, trace of Gravel, trace of 6 Roots, brown, moist - Fill: Sandy Lean Clay, trace of Gravel, layer of Peat at lower boundary, brown, moist - 4 - j POORLY GRADED SAND, fine- to medium-grained, layer ofPeat at upper boundary, trace of Gravel, gray, wet, very loose to loose._ (Alluvium) - - ./ 5 - - - 2 , . END OF BORmG - Water down 6 feet with 14 feet of hollow-stem auger in the ground - Watcr not observcd to cave-in depth of 5 fect immediately after withdrawal of auger. - - Boring then backfilled, - - - - - - - - - - - - I ...___ r>_____..__ C"'. n_..l 4/20/05 5 3 I SCALE: 1ft = 4' Tests or Notes 'Sl- An open triangle in the water level (WL) column indicates the depth at which groundwater was observed while drilling c:. Lt r'>:'HH" I ,..,f I BRAQJ ~"'" INTERTEC Braun Project SP-05-00814 Geotechnical Evaluation Victory Park Pond Improvements SW of Boone Avenue and Buss La1\e Road New Hope, Minnesota DRll.LER: M McWilliams I MEl1iOD: 3 1/4" HSA, Aulohmr Depth feet 0.0 ASTM Symbol FILL 2.0 FIll - le- g ~- > 2 ;g- :"0 <.... 9.0 o c: 52 Ci_ S ~- OJ '- ..2 <> ~ V> ~ o o c: F=- ;; t-< ~- ~ c_ u V> u Q- OJ OJ f:S_ PT ~ I, ~ ~ " .;;..!. ~ I, ~ \1/, I, ~ ~ " ~ ~ " ~ \\1, I, ~ ~ ~~ -20.5 - ~- 0; o '" ~!- !; l- e \:) ~- :5 t5 ~ ~ i!? ~ ~ V> g- -' ~- < '" ~- ~ BORlNG: LOG OF BORING LOCATION: See artached sketch. ST-2 Description of Materials (ASTM D2488 orD2487) FILL: Organic Silt, trace of Gravel, trace of Roots, FIl.L: Sandy Lean Clay, truce of Gravel, layer of Peat at lower boundary, brown, moist 5< PEAT, fibrous, black, wet. (Swamp Deposit) END OF BORING Water not observed with 19 feet of hollow-stem auger in the ground. \Vater not observed to cave-in depth of G feet immediately after withdrawal of auger Boring then backfilled n....."... I...t............... r''''.........,..,.....t,....... C::t P"\..l DATE: - 4 -j 1 - _v 2 t, - - - - - 2 - - - - - - - - - - - 4/20/05 BPF \VL 10 - - 11 - - 4 - I SCALE: I" =: 4' Tests or Notes ST-:! "OQC 1 of I BR.AUN'" INTERTEC Braun Project SP-OS-00814 Geotechnical Evaluation Victory Park Pond Improvements S\V of Boone Avenue and Bass Lake Road New Hope, Minnesota - i- i3- ~ 7.0 ;;: 2 ~~ tc; 9.0 ~ .~ ~I-- ;:a ~I- '" .... a :) ~ :17- ;- 5 g ~- 155 t- . '" ;> 15 c u '" '-' a " OJ v.J '-I- f-- 7.1- ~I- '" ~ f-I- D " sf- S ;:;;1- G -f!- '" o ~t- Vl 151- ...l u ':21- c::: Z ;:J ~ ASTM Symbol FILL 0 2.0 FIll. 4.0 FILL PT ~ I, I, ~' ,\/, SM '. BORING: LOG OF BORlNG LOCA TION: See attached sketch. ST-3 I METHOD: 3 1/4" I-ISA, Autohmr DATE: DRILLER: tv! McWilliams Depth feet 0.0 Description of Materials (ASTh1 02488 or D2487) FILL: Organic Silt, trace of Gravel, trace of Roots, dark brown, moist FIl.L: Clayey Sand, trace of Gravel, dark brown, moist. FILL: Poorly Graded Sand with Silt, fine- to medium-grained, brown, moist. - 7 PEAT, black, wet (Swamp Deposit) SILTY SANTI, fine- to medium-grained, trace of Gravel, gray, wet, very loose to loose - (Alluvium) END OF BORING Water down 7 feet "...ith 14 feet of hollow-stem auger in the ground - Water not observed to cave-in depth of 6 feet immediately after withdrawal of auger Boring then bach.filled 0#_..... t_........"... f"'....~..........."'.... (:, 1).....1 4/20/05 BPF WL - " 11 - - 4 - 8 - - 5 - - - 4 - - - - - - - - - - - - - - - I SCAlE: 1" =4' Tests or Notes Sf- ~T~, n:1O" 1 nf 1 ~RAUINr' INTERTEC LOG OF BORING Braun Project SP-05-00814 Geotechnical Evaluation Victory Park Pond Improvements SW of Boone Avenue and Bass Lake Road New Hope, Minnesota DRll..LER: M McWilliams BORING: ST -4 LOCA TION: See attached sketch I I'vIETHOD: 3 1/4" HSA, Autohmr DATE: 4/20/05 I BPF I WL I SCALE: 1" = 4' Depth feet 0.0 ASTM Symbol FIll. Description of Materials (ASTM D2488 or D2487) Organic Silt, trace of Gravel, trace of Roots, dark brown, Tests or Notes I- FIl.L: moist 1 2.0 FlLL: FILL: Sandy Lean Clay, trace of Roots, dark brown, moist 9 I- - I- - '! 4 - l 13 S ;::; 7.0 ~ SM J3 .g ..... c c 9 ~- ::; ] :..> ... a SILTY SAJ"ID, fine- to medium-grained, trace of Grave], gray, wet, very loose to loose. - 6 f- E1\TD OF BORING (Alluvium) - -'. 6 - - 2 - - -, 3 - - - - - 4 - <l ~ :n- ~ ..s:~ g E'- :..> f- ~~ E 61- '" OJ 01- <) OJ C/.l ~I- 1---70.5 :::J- Water down 4 feet with 19 feet of hollow-stem auger in the ground - QI- "" ~ Water observed at 3-foot depth immediately after withdrawal of auger. - - o (;) ~- ~ c:; Boring then backfilled - - "- ~ - '" '" '" ;Se- e.. VJ g- ...:J U V1~ < c:: 5i- :S c:; - - - - CD n,.(111Q 1;1 Braun InlCl1cC CornorntlOn. 5l Pou] s r -4 page l of I ~ R A tUHi\TI '" INTERTEC Braun Project SP-05-00814 Geotechnical Evaluation Victory Park Pond Improvements SW of Boone Avenue and Bass Lake Road New Hope, Minnesota LOG OF BORING BORING: ST-5 tOCA nON: See attached sketch. DRILLER: M McWilliams I ~~THOD: .3 1/4" HSA, Autohmr DATE: 4/20/05 -I SCAlE: 1" = 4' Depth feet ASTM 0.0 Symbol FIll. I- 2.0 FILL Description of Materials (ASTM D2488 orD2487) FILL: Organic Silt, with Root Fibers, moist. BPF WL Tests or Notes 1 FILL: Poorly Graded Sand, fine- to medium-grained, with crushed concrete, light brown, moist _ 8 "Sl 4.0 ~ PT "-..!!. PEAT, fibrous, black, wet. I, ~ (Swamp Deposit) ,\1, - 2 - \ 12 - - - 5 - - ~ S I, ~ ~ 7.0 .~ SP- POORLY GRADED SAND with SILT, fine- to medium-grained, :8 SM trace of Gravel, gray, wet, medium dense. ~ (Alluvium) c ~ .~ g- '" ~- u .... .3 J2.0 '5 <J -5;- ;> '::! ~- t:: ~- ~ SM SILTY SAt~D, fine- to medium-grained, trace of Gravel, gray, wet, 1 very loose to loose. - 4 (Alluvium) - - 5 <J_ > ~ B"" :r; <J 0,... :u <J <Zl ~i- - - - 1-20.5 - 7 ~ E~1) OF BORING - ~f- Water down] 0 feet with 20 feet of hollow-stem auger in the ground. Water observed at 3-foot depth immediately after withdrawal of auger. - f2f- '" l:! .,. - ;-..- c: \;) ~- S 2i~ - Boring then backfilled - - a -i'- '" '" ~f- :r; gf- ...l u '21- "" Sf- ;2 o - - - - - SP.OS.00814 Broun lnlerlcc Corporation. St Paul ST-5 page I of 1 ~~AU [)\rr INTERTEC Braun Project SP-OS-00814 Geotechnical Evaluation Victory Park Pond Improvements SW of Boone Avenue and Bass Lake Road New Hope, Minnesota DRllLER: M McWilliams I ivlETHOD: 3 1/4" HSA, Autohmr Depth feet ASTM 0.0 Symbol FILL 2.0 FJl.L 4.0 8M - '" 8 E- > 1:: ~I- c:J <.... 9.0 C t:: C ::l '"" I---- a 10.5 !:11- :.l L- <2 -l- v v ..c: :nl- ~ 01- ~ E'- v f-< 8M .. ~I- ~ 61- :n ::.l QI- OJ <J ~1- f--- r-. ;:: v; g '" ~ L- a (;) ~- ~ ~ t:i ..,. 0; o ~ o "- '" (;) o ..J U ~'-- C ~- ~ c:: SP-05-00814 BORING: LOG OF BORING LOCATION: See attached sketch ST-6 DATE: 4/20/05 Description of Materials BPF WL (ASTM D2488 or D2487) FILL Sandy Lean Clay, trace of Gravel, trace of Root Fibers, dark brown, moist. - FlLL: Silty Sand, fine- to medium-grained, trace of Bituminous 8 fragments, black, moist - SlLTY SAND, fine- to medium-grained, trace of Gravel, brown, moist, medium dense _ II (Alluvium) - - 4 - SIl.TY SAt'ID, fine- to medium-grained, trace of Gravel, gray, wet, loose - 6 (Alluvium) END OF BORING - Water down 9 feet with 9 feet of hollow-stem auger in the ground. - Water not observed to cave-in depth of 5 feet immediately after withdrawal of auger. - - . Boling then backfilled l - - - - - - - - - - - - - - Braun lntcnec Corporation, Sl Paul I SCALE: lIt =4' Tests or Notes '5l- ST.6 page 1 of I ~IftAUN'" INTERTEC Braun Project SP-OS-00814 Geotechnical Evaluation Victory Park Pond Improvements S'V of Boone Avenue and Bass Lake Road New Hope, Minnesota DRILLER: lvI. McWilliams I METHOD: 3 1/4" 1-ISA, Autohmr Depth feet 0.0 BORlNG: LOG OF BORING -- tOeA nON: See at1ached sketch ST-7 DATE: 2.0 ASTM Symbol FILL ~ S :5- Description of Materials (ASThl D2488 or D2487) FILL: Organic Silt, trace of Gravel, trace of Roots, dark brown, moist 4/20/05 BPF WL - FILL FILL Silty Sand, fine- to medium-grained, trace of Gravel, trace of 12 Roots, dark brown, moist - 'Sl- - - ~ S2 r; ;;: 2 7.0 PT ~ PEAT, fibrous, blnck, wet. (Swamp Deposit) I, ,\' ,Ill .n .n '" '- 9.0 o c: g ;:;- a ~ <) .2 SlY! SILTY SMro, fine- to medium-grained, trace of Gravel, gray, wet, very loose to loose - (Alluvium) I "'"1i 5 - - I - 4 - <> ~ <r.- g 'O- S E- ~ ~- '9: 5- '" <J Of- <J <J ~I- f--ZO.5 f- - END OF BORING ~f- Water down 10 feet with 19 feet of hollow-stem auger in the ground Water observed at 3-foot depth immediately after withdrawal of auger er- '" ~ ...1- Cl o Sf- ;2 "'f- c::: o -if- 0;; '" '" ?t- v; 81- -' U ~f-- :::: Boring then back.fIlled. - ~f- ;2 :::: Braull Intertcc CorooralJOll. Sl Paul SP.O,.OOR14 - - 6 - 2 - 7 - - 4 - - - - - - - - - - I SCAlE: 1" =4' Tests or Notes 5T-7 p<lgc 1 of 1 ~ RAY fi\'f~ INTERTEC Braun Project SP-05-00814 Geotechnical Evaluation Victory Park Pond Improvements SW of Boone Avenue and Bass Lake Road New Hope, Minnesota DRILLER: M McWilliams livfETHOD: 3 J/4" HSA, AUlohmr Depth feet 0.0 ASTM Symbol FILL 2.0 BORING: LOG OF BORING tOeA TION: See attached sketch ST-8 Description of Materials (ASTM D2488 or D2487) FILL: Organic Silt, trace of Gravel, trace of Roots, dark brown, moist. FILL FILL Sandy Lean Clay, trace of Gravel, dark brown, moist - ~ .~ :;: ~ :D 7.0 SM 'c c:: 52 ~- ? E x <.> '- tE: S OJ -r;;1- >- :J .21- o c:: ~I- OJ ;-. ~I- is CI- u :r. OJ 0_ ,:; ':.J CIJ ~- -20.5 - '7.- ~- '" ~ l- e .., ~- ~ '" s "" "' ;; ? Vi :51- ...l U -I--- :2 c:: ?51- ;Z c:: 5P-05-00814 SILTY SAt'.rn, fine- to medium-grained, truce of Gravel, layer of Peat at upper boundary, gray, wet, vel)' loose to loose (Alluvium) ENTI OF BORING Water down 10 feet with 19 feet of hollow-stem auger in the ground. Water observed at 4-foot depth immediately after withdrawal of auger. Boring then backfilled Braun Intcrtcc COrpofiltlon, 5t Paul DATE: 4/20/05 BPF WL - 9 - - "Sl.. - 3 - 9 - - - 4 - - 2 - - -' 2 - - - - - 2 - - - - - - - - - - - I SCALE: I" = 4' Tests or Notes 51.8 pagc 1 of J 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 Engineer under the laws of the State of Minnesota. ~~~ Vincent T. Vander Top, P.E. Date: 8/5 ( / OS- Reg. No. 25770 END OF DOCUMENT 000034-03149-0 {) 2005 Bonestroo, Rosene, Anderlik & Associates Inc. PROFESSIONAL CERTIFICATIONS DOCUMENT 00010 T ABLE OF CONTENTS VICTORY PARK POND IMPROVEMENTS CITY PROJECT NO. 747 FILE NO. 000034-03149-0 NEW HOPE, MlNNESOT A 2005 Introductory Information 00005 Professional Certifications 00010 Table of Contents Bidding Requirements 00100 Advertisement for Bids 00200 Instmctions to Bidders 00300 Information Available to Bidders 00410 Bid Form Contracting Requirements 00520 Agreement Form 00610 Performance Bond 00615 Payment Bond 00700 EJCDC C-700 Standard General Conditions of the Construction Contract (Bound in back of Project Manual) 00800 Supplementary Conditions Specifications Division 1 - General Requirements 01100 Summary 01200 Price and Payment Procedures o 131 0 Project Management and Coordination 01330 Submittal Procedures 01500 Temporary Facilities and Controls 01570 Temporary Erosion and Sediment Control 01700 Execution Requirements 000034-03149-0 iQ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00010-1 TABLE OF CONTENTS Specifications Continued... Division 2 - Site Construction 02225 02230 02280 023 15 02318 02320 02510 02515 02530 02630 02720 02740 02770 02920 02930 02931 Removals Site Clearing Adjust Miscellaneous Structures Excavation and Fill Sub grade Preparation Trench Excavation and Backfill Water Main Water Services Sanitary Sewer Stonn Drainage Aggregate Base Course Plant Mixed Asphalt Pavement MnDOT Spec. 2360/2350 Combined Concrete Curb and Gutter Lawns and Grasses Trees, Shmbs, and Perennial Plants Pond Seeding and Planting END OF DOCUMENT 000034-03149-0 (9 2005 Bonestroo, Rosene. Anderlik & Associates, Inc. 00010-2 TABLE OF CONTENTS DOCUMENT 00200 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instmctions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instmctions to Bidders have the meanings indicated below: A. Issuing Office: The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the non-refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the work within 5 days of Owner's request, Bidder shall submit written evidence, such as financial data, previous experience, present commitments, and such other data, as may be called for below: A. Evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of Contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therew.ith. 000034-03149-0 @ 2005 Bonestroo, Rosene, AnderIik & Associates, Inc. 00200-1 INSTRUCTIONS TO BIDDERS ARTICLE 4 - EXAl\1INATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND PROJECT SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: I. Those reports of explorations and tests of subsurface conditions at or contiguous to the Project Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Project Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "tec1mical data" or any other data, interpretations, opinions, or infom1ation contained in such reports, or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Project Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Project Site, if any, that Engineer has used in preparing the Bidding Documents. 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-2 lNSTRUCTIONS 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 inforn1ation contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Project Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Project Site which was not shown or indicated in the Drawings or Specifications, or identified in the Contract Documents to be within the scope of the work appear in Paragraph 4.06 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, and performance of the work; C. become familiar with and satisfY Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance ofthe work; 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-3 INSTRUCTIONS TO BIDDERS D. carefully study all: (I) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site (except Underground Facilities) which have been identified in 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 ofthe 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 perforn1ance 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 perfonnance of the work at the Plice(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents; H. correlate the information 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, shldies, and data with the Bidding Documents; I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirn1 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 terms and conditions for the perforn1ance of the work. 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-4 INSTRUCTIONS TO BIDDERS 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the work required by the Bidding Documents, and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be no pre-Bid conference. ARTICLE 6 - PROJECT SITE AND OTHER AREAS 6.01 The Project Site is identified in the Bidding Documents. Easements for permanent structures or pennanent 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 AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURlTY 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. 000034-03149-0 @ 2005 Bonestroo. Rosene, Anderlik & Associates, Inc. 00200-5 INSTRUCTIONS TO BIDDERS 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be 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 TJl\1ES 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 DAl\1AGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE Al'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. 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-6 INSTRUCTIONS TO BIDDERS ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder and any other Bidder so requested shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may before the Notice of Award is given request apparent successful Bidder to submit a substitute in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid Price will be increased (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the 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. 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-7 INSTRUCTIONS TO BIDDERS 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the fim1 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 ajoint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the j oint venture shall be shown below the signature. 13.08 All names shall be typed or printed in ink below the signahlres. 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 Fom1. 13.13 Bidders may list proposed Substitute Items on the spaces provided on the Bid Fonn. Bidders shall clearly indicate the item name, Specification Section Number, and the Total Deduct to the Total Base Bid for each Substitute Item proposed. 13 .14 Bidders shall circle the name of the Base Bid Manufacturer they will provide if awarded the Contract. Bidders shall circle only 1 name for each item. If the Bidder fails to circle an item, the first item listed shall be provided. 13.15 Bidders shall identify the name of the company or subcontractor that will perform the listed portion of the work if the Bidder is awarded the Contract. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Bid Unit Price A. Bidders shall submit a Bid on a Bid Unit Price Basis for each Bid Item of work listed in the Bid Form. 000034-03149-0 @ 2005 Boneslroo, Rosene. Anderlik & Associates, Inc. 00200-8 INSTRUCTIONS TO BIDDERS B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 14.02 The Bid Plice 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 I 1.02 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 vVith each copy ofthe Bidding Documents, a Bidder is furnished 1 separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy ofthe Bid Form is to be completed and submitted with the Bid Security. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope plainly marked with the Project Title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other 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 - MODIFICATION Al'ID WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. 000034-03 [49-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates. lnc. 00200-9 INSTRUCTIONS TO BIDDERS ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non-responsive, read aloud publicly. A Bid Tabulation of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but O\vner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 -EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder detem1ined by the Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation nonconfOlming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds after reasonable inquiry and evaluation to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the work and to negotiate Contract terms with the successful Bidder. 19.03 More than 1 Bid for the same work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements and such Alternates, Bid Unit Prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, other individuals, or entities proposed for those portions of the work for which the identity of subcontractors, suppliers, other individuals, or entities must be submitted as provided in the Supplementary Conditions. 000034-03149-0 @ 2005 Bonestroo, Rosene. Anderlik & Associates, Inc. 00200-10 INSTRUCTIONS TO BIDDERS 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities to perform the work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Tlus waiver is not intended to restrict Bidder's rights to challenge a Contract award pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURlTY AND INSURAi"\ICE 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 accomparued by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropliate identification. END OF DOCUMENT 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-11 INSTRUCTIONS TO BIDDERS DOCUMENT 00300 INFORMATION AVAILABLE TO BIDDERS Portions of reports and drawings used by the Engineer in the preparation ofthe Bidding Documents are attached to this document. The Tec1mical 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 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. INFORMATION A V AIL\BLE TO BIDDERS J1j Bonestroo ICII Rosene 'I\lI Anderlil< & .~. Associates BIDDER: \) '{ ,elt "- tiJI}L!XU17. (/!U(/ Engineers & Architects DOCUMENT 00410 BID FORlv! VICTORY PARK POND IMPROVE1vLENTS CITY PROJECT NO. 747 FILE NO. 000034-03149-0 NEW HOPE, ivllli'NESOT A 2005 BID COpy THIS BID IS SUBMITTED TO: City of New Hope, Minnesota 4401 Xylon Avenue North New Hope, MN, 55428-4898 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with O\vner in the form included in the Bidding Documents to perform all work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid wi]] remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submittmg 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 aclmowledged: Addendum No. Addendum Date ,IJ / q-/~", tS- 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. D. Bidder has carefully studied all: (I) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contlguous 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. 00003':'03l4903iDFOR...'-txls 00410.1 BiD FORM 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 whlch may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the work at the price( s) Bid and wi thin the times and in accordance \vith the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bldder, information and observations obtained from visits to the Project Site, reports and drawings identified in the Blddmg Documents, and al1 additional examinations, investigations, exploratIons, tests, studies, and data with the Bidding Documents. 1. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. 1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the work for which this Bid is submitted. K. Bidder will submit 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 Bld have not or will not be kJ10wingly disclosed to any other Bidder or competitor prior to Opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose ofresmcting competition. 4.02 BIdder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bldder hereby waives any and all claIms, of whatever nature, against O\Vl1er, Engmeer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made wHh actual malice. Nothmg in this paragraph is intended to restrict Bidder's rights to chal1enge a contract pursuant to law. OOOOJ4031490BlDFOP1-,Lxls 00410.2 BID FORM 5.01 Bidder will complete the work in accordance with the Contract Documents for the follmving price(s): All specific cash allowances are included in the price(s) set forth below and have been computed In accordance with paragraph 1 1.02 of the General Conditions. Unit Prices have been computed in accordance with paragraph I I .03.B of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Total Price Item Units Qty Unit Price iJD00340] 1 4903IDFOR:...Lds BASE BID: tvlOBILIZA nON 2 TRAFFIC CONTROL 3 STREET SWEEPER \\1TH OPERA. TOR 4 CLEARING ANTI GRUBBING 5 REMOVE EXISTING TREE 6 REMOVE CONCRETE CURB AND GUTTER SA \\1NG BITUMINOUS PAVEMENT 7 s REMOVE BITUMINOUS PAVEMENT 9 REMOVE 9" VSP SANITARY SEWER 10 REivWVE 24" RCP STOR.l\tl SEWER PIPE REMOVE 36" RCP STOR.l\.1 SEViER PIPE REMOVE STORM SEWER MANHOLE II I'" lL 13 PLUG AND FILL EX. STORM SE\VER PIPE RE\WVE 8" CIP \VATER MAIN 14 15 C0\1\10N EXCA VA nON 16 TYPE LV 3 WEARING COURSE :VlIXTURE (B) LS LS HR AC 0.8 S EA 30 S LF 115 S LF 125 S SY 1535 S LF 60 S LF 50 S LF 271 S EA LF 200 S LF 30 S CY 7500 S TN 146 S 004l0-3 ,) A1i ) /).--1 S ?'/t-~t., vU S [ OCO ';! 8 S , , , Q) 110-- , , (..v [ 0 Ol) -- llo0? J) v'~ -7 r:: C /}'Z.".- ! hD !~ )7~ , ,,() j7~ 1 S /7.tiY f ? -h'- U?/) I -- ~/'.."') (3) '- ./? ,;'; /'7 /1, DO .--'...) /Ji '''JtJ .- S ~ JIZ'J!). c;'d s tV IO{)O;-- S 0120 ~ ~()O~ S s ;p 7;; [; [) 0!- s --0 t?1r? v._ -4::) 7 g: S S "'"7 .-, ,-'7,.3- i/)0f....-. s /J I{\"//~> l:..t (,/l..) S ,.i ,./c'1i ()t-)O >- S t-/ &0 7tf!- s .-,c u:01~ S rt, i-/7/ v():';:. ."" s ciJ t; ifr---- S I J7 Jf)()() oj Bt-f [J) tV S BrD FO~~~,j No. Total Price Item Units Qty Unit Price 17 18 19 20 21 ")') ')' _:J 24 ")- ,-) 26 27 2S 29 30 31 32 " .J.J 34 TYPE LV 3 NON WEARING COURSE MIXTURE (B) BITUMINOUS !vLA.. TERIAL FOR TACK COAT AGGREGATE BASE, CLASS 5, 100% CRUSHED B618 CONCRETE CURB AND GUTTER CURB INSULATION BLANKET 12" PVC STORM SEWeR, SDR 26 15" PVC STOR!v! SEWER, SDR 26 24" RCP STORM SEWeR, CLASS 5 54" RCP STORM SEWeR, CLASS 2 54" LR BEND 24" RCP FLARED END SECTION 54" RCP FLARED END SECTION CLASS III RANDOM RIPRAP CLASS IV RANDOM RIPRAP CONSTRUCT lvlH OVER EXISTING PIPE T DIA STORly! SE\HR MH, 8' DEEP, INCL R-1642-B CSTG 2' X 3' CB, INCL. R-3067-V CSTG, 35 4' DIA STORly! SEWER CBMH, INC R- 3067-V, CSTG AND CONC AD] RINGS cm<NECT TO EXISTING STORM MANHOLE BULKHEAD EXISTING SANITARY SEWeR CON"NECT TO EXISTING SANITARY SEWeR PIPE RECONNECT SANITARY SE\veR SERVICE 4" DIP SANITARY SEWeR, CL. 52 36 37 38 39 00003403 i ~90BrDFOR..;\1.\;s TN GAL TN LF LF LF LF LF LF EA EA EA CY CY EA EA EA Ell. EA EA EA EA LF 004 I 0-4 583 S 154 S 1165 S liS $ liS S 51 $ 20 $ 10 $ 270$ 45 $ 60 S J-/7~ ..., IV ,,").'/ G ,() () '7/, ,p ?-!p~.....- ?)~ f j J I" "'7'? ;- .t)o~ '. (;ji {p 7- -/0 I L0'~-- 3 S (i!.? crB6.... /' I{Or:~ ""1 v'? I S I S ~'Y) cB- '/0 ~ 7?j~ 1 S { q,()...o(~ [/ lJ 1 S j (j.; "'1 'r) (..{) I S (}l l t. t.[ ()-- I S o P,,:'" ':::. l c) L-'U I S 11 ,9- . lCJD 2 S 1/' c" .g I I--Jv)- 1 S &7_D'o;:. I S ;}:' ;)[0/ 40 S --0 Z,l .j.-- S L74.{.i t./ S v(T7':.f!? oCJ S &/ q q (J . S -Z.CzC;70 IV $ _' .~....JJ 01S- s &..;- 2002 - S r,t) lDo()~-- s (jlO (':: ,v S J) '/)'1I.A.e..... s --;..1 "7C1""c ."'" .?-" ?? s -0 I J I" r~:'" l 'l ()~.7 s cO Qt7J) -- s t,::;) ~(0o"'- '<"'(7) [i 0 5J. S s (~) {B0CY ~9cO';:" s s , ,;;7 Iyfo- s ,p .8" ().... l . L':O s tl) LCD .- s ~IO~ s {czo''':- s "7 { () (2':- s \\oo,.s BID FOR}.! No. Total Price Item Units Qty Unit Price 40 41 42 43 44 45 46 47 48 49 50 51 52 53 INSULATE SANITARY SEWeR SERVICE, 2" THICK, INCL SAND CUSHION 2" CORPORA, TION STOP \V1TH 8" SADDLE 2" TYPE "K" COPPER WATER SERVICE CON"NECT TO EXISTING \VA TER SERVICE 8" WATER ivLA,.IN OFFSET TOPSOIL BORROW (LV) tvINDOT SEED MIX 25B W1TH FIBER BLANKET TvINDOT SEED MIX 340 RED MA,PLE, .,,, CAL B&B TAtvL'\RACK, 6' B&B SWATvIP WHITE OAK, 2" CAL B&B REDOSIER DOGWOOD, 2 GALLON AMERICAN ELDER, 2 GALLON 54 NAN"NYBERRY VIBURc'\i"LfM. 2 GALLON WeTLAND PLANTS, 4" POT 55 SILT FENCE, TYPE tvL'\CHINE SLICED 56 PROTECTION OF CATCH BASIN IN STREET TEl\IPOR.A.R Y ROCK CONSTRUCTION ENTR.A.NCE EROSION CONTROL BLANKETS. CA TEGORY 2 TOTAL BASE BID 57 58 GOOO]40j 1490B;DFOR.\~.;ds SY EA LF EA EA CY AC AC EA EA EA EA EA EA EA LF EA EA SY 00410-5 7 S 10 S 200 S OJ S 0.5 S 47 S 16 S 24 S 200 S 460 S 156 S J5D~ 1 S 1'-tO~ c.;. .,,, c:?,. u/)- 1 S ~ ~IO/ 1 S .;Jf::<. ,. I' .leV ~ I-) ~: "/ 0 .i-f. C;O-o ~ ,; lioo() r" 8 S /" . ;.0 ~()I) / 6 S v.:; :')DcJ -- 8 S 'Z-.~. .J~ r ~'{) ...r..- c.:.- "":)0 "(Ji J7()/ ,... &) I--;)t:- )C;~ .~~ ~ ? 2 S , l;J t Do--- 1 S ,...,,~ ,,~ V;;C'{f /'.:) /j.;:.... S t;;) ?;;C:;O -- S " {) -AI I t.._ r/iU S "' c.t;) '6:r~ - s (/t) '11D- s t-(~tO ft' s I O(.l;:i t.'J s I ,." \ Ze)() - s :A ."--' , /()(j{) - s 7 ,;.{ 'iI) t;;. "..- (,..;...... s t Boo c' s li-{tb ~ S Z:?;/--:;i.) .'-' S ~-, .~ '1/" I f.,;",) S 1-",,;" IlCI) s ?/-y; (;tJ ;l:" S -,",,/ ,~ l 0 ~;-? S --;'/ ...... v.D- S ,.... to '?{.i tJ - t-fhfs~ s ;{C n /) 9 -- (- , S ( !<x-,,:>( ,,'...j 0' o{/ BID FORM 6.01 Bidder agrees that the work will be Substantially Completed and completed and ready for Final Payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work \vithin the times specified above, which shall be stated in the Agreement. 7.0 I The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.0 I The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary ConditlOns. SUBiv[ITTED on S-cpf4J'X/ 1& ?OO~ , - If Bldder 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.: OOOO}40J 149:J8IDFORJ..L:o;!s 00410-6 BID FOR.\l A Partnershio A Cornoration Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Corporation Name: v C~('~ '( tv [lvf cc(!-~ ' fJL 11 n C:SC -k- (SEAL) I f\JC; State of Incorporation: ~C.l/Vk0 'ice, Limited Liability): By: Name (typed or printed): L~ V C-'"l f2:> 0 c. (It(J Title: ~tJ\ tw Vlc..r.- rl{'C(7tdti\..~t ...~~ \/tLV"?'I~\f\ I)e.d- (Signature of Corporate Secretary) ~/;c'-olddd (SC((C1'zU!i / Business Street Address (No P.O. B8x #'s): A.ttest -:::~ (CORPOR.t\. TE SEAL) I r{.OO/..) Ved- Ptae ( 12ue,'I(I'), rlL\.) ~?::;;1 y [7&"'7) L(2B-S ;YIV Phone No.: it 1[7)) c.( 2ti- Z 2'-{ 2- Fax No.: O:J003.;l.031490BIDF0R1\iL-:ls 00410.7 BID FOrt'.! A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT ;}i)(iO}4.031490BlDFORl-.Lx!s 00"10-8 BID FO~'.l ~IINUTES OF .A.CTION By THE SOLE NIElVIBER OF THE BOARD OF DIRECTORS OF VEIT & COwIPANY, INC. TAKEN \VITHOUT A ~IEETING The follmving action is taken by the sole member of the Board of Directors of Veit & Company, Inc., a Minnesota corporation, without a meeting, pursuant to Minnesota Statute Section 302A.239, by authorizing the same in writing signed by the sole member of the Board of Directors of the corporation: The following resolution is hereby adopted: RESOLVED, That the follow.ing persons are hereby elected as the designated officers of the corporation to serve until the next regular meeting of the Board of Directors or until their successors are otherwise duly elected and qualified. Vaughn A. Veit Jerry Rachel Mark Nicolay Greg Boelke Kevin Barthel Bart Anderson Chief Executive Officer, President and Secretary President/Special Projects Chief Financial Officer/Treasurer Senior Vice President Vice President - Field Operations Vice President The above action is taken without a meeting by authorization in writing signed by the sole director of the corporation, said action to be effective on June 13, 2005. c:::-=~=. Vaughn A. Veit Sole Director -~._- -- -- 800150v1 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of South Da kota as Surety, hereinafter or New Hope: 4401 Xylon Avenue North, New Hope, MN called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars 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. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this__ 16th day of 2005 ~i / t::~ukciLZt6~____.___ (Witness) [:-1 fC'e, f,h'C , , , (Title) L:y{2 _ V lee.- P {[ c; (C<<:'fu ~"Jestern Surety Comp~n'/ .,__~_"__.,_______,,_~_ ~1(&~___(S:~ Kathryn A. Dircz, Attorney-In-Fact Printed in cooperation with the American Institute of Architects (AlA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AlA Document A31 0 - Bid Bond - February 1970 Edition. LIlVIITED LIABILITY COMPANY ACKNOWLEDGElVIENT STATE OF COUNTY OF ) ss ) On the day of , 20 , before me personally appeared to me known, who, being by me duly sworn, did depose and said that he/she resides in that he/she is a member, manager, or officer of the limited liability company that he/she is duly authorized to execute the foregoing agreement in the name of and for the limited liability company. (Notarial Seal) Notary Public, County, My commission expires CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF ~l MIL S" I-c,- Uci/lf ICPi II ) ss ) On the I It;. day of personally appeared Gte!:., [JULt k{: to me known, who being by me duly sworn, did depose and say: that he is the CXfllry Uw_ ~cpkf)J.;!(.:.y ,20 DS , before me " I,. that he resides in Ml!.. i 6d{.L.-IO/) President of the Lie i { '(u to }i\..f'CUI_J, (/u ,_ . v' the corporation described in and which executed the foregoing instrument; that 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 co oration; and that he signed his name thereto by like Jrde~. / "_"j/ j/ KARENMARIEKEMMETMUELLEA Notary Public, '--7t2..(..-8t: L- MY~;;~I~~Bi~~i;~J~~~;l~~~O County, /-k.'i7 jJL1tl (1'-.. My commission expires ! -;:5 I I(J ACKNOWLEDGEMENT OF CORPORATE SURETY STATE OF COUNTY OF Minnesota ) ss ) Dakota On the 16th day of September ,20 05 , before me appeared. Kathryn A. Dircz to be personally known, who is being by me duly sworn, did say that he is the aforesaid officer or attorney in fact of the Hestern Surety Company a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors, and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. Notary Public, -fS)~ nP. r2j~/1;) County, J:)Jl~_ My commission expires 1-31-20l0 "DOROTHY M. CARRIERE NOTARY PlIBUC . YiNNESOTA .~&pnsJln.31,2010 , Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gordon D Olsen, Kathryn A Dircz, Cathy Albachten, Dennis G Diessner, Veronika Petersen, Mark N Kampf, Donald L Kuplic, Kathleen L Lundquist, Bryan J Huft, Individually of Burnsville, MN, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 15th day of December, 2004. "'''~ETi:'--, ~~q,.;--::---Po'" f/:!!/()~~OIl.-;;\'1;,\ ~:\c.; (f\}~i .~~\ <$1: ""'./;!} .r,,;.. ...'1" ~' WESTERN SURETY COMPANY ~ ~"i" Vie, P",id,", State of South Dakota County of Minnehaha } ss On this 15th day of December, 2004, before me personally came Paul T. Brul1a!, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30, 2006 +~~~~~~~~~~~~~~~~~~~~~~~~+ : D. KRELL : r r :~NOTARY PUBL.IC~: r~SOUTH DAKOTA~r r r +.................,...................""c.,..,............"'....... + ~ ~Mlie My commission expires CERTIFICATE I, L. Nelson. Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 16 th day of S ep tember 2005 '''''so;Ei-~. ~~Q:.-+./.....--.......C'o'.;.~ !/:!!/()~~OIl.-;)o\'1;,\ ~:\<.i "'}~i ~~7 WESTERN SURETY COMPANY cr ?z.~"~S",,"ry Form F4280-O 1-02 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY CaMP A1\TY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. NOTICE In accordance with the Terrorism Risk InsUl'ance Act or 2002, we are providing this disclosure nonce for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on eel'tain insurance policies written by anyone or more of the following companies (collectively the 'I'VVriting Oompaniesll) as surety or :insurer: Westel'TI. Surety Oompany, Universal Surety of America, Sm'ety Bonding Company of }...,merica, Continental Oasualt-j Company, National Fire Ins1ll"ance Company of Hal-tford, }l..merican Casualty Company of Reailing, P}'..., The Firemen's InslITance Company of N ewark, NJ, and The Oontinental Insurance Company. DISCLOSURE OF PRElVmJ.M: The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL P ARTICIP ATION ill P AYlVIENT OF TERRORIS111 LOSSES The United States "Will pay nmety percent (90%) of covered te:rrorism losses exceeding the applicable suret-jlinsurer deductible. Form F7310 DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and Veit & Company, Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.0l Contractor shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: storm sewer and pond improvements. ARTICLE 2 - THE PROJECT 2.0l The Project for which the work under the Contract Documents may be the whole or only a part is generally described as follows: Victory Park Pond Improvements Project for the City of New Hope, Minnesota, City Project No. 747. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36, St. Paul, MN 55113 (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence ofthe Contract. 4.02 Datesfor Substantial Completion and Final Payment A. The work will be Substantially Completed on or before December 2,2005. B. Any unfinished planting or restoration and any other remaining work will be completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before June 9, 2005. 000034-03149-0 @ 2005 Bonestroo, Rosene, Ander1ik & 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 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 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 5.0l 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 Two Hundred Ninety-Two Thousand Two Hundred Eighty-Five Dollars and Eighty Cents ($292,285.80) 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: l. 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 l4.02 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). 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520-2 AGREEMENT FORM 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.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 of the work, in accordance with Paragraph l4.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following 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) reports and drawings of a Hazardous Environmental Condition, if any, at the Project Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Project Site which may affect cost, progress, or performance of the work, or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor and safety precautions and programs incident thereto. 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & 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. 1. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing ofthe 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: Victory Park Pond Improvements. 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. 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, lnc. 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-NllSCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention ofthe stricken provision. 000034-03149-0 @ 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 D:{o bvv lo , 2005 (which is the Effective Date of the Agreement). Owner: Contractor: By: / / By" Attest ~, ;/ . u~ '-../ . ?}Y810 .,' jefl(}'v II tee- PlL<?, c;/{.lL-f Attest c:J(t{fU-L-r/:f~..,./~ Address for giving notices: Address for giving notices: r!TV nr: f\!i:W wnDE '.......; j .\",/) I \i b....~ i I I V I ;/-1000 Ue/I Placu f{OC-ytJ<s ll/lJ ~-37V 4'-1,01 XYLON AVE NO. t\! HI flU. /P' ~ M N l; 5!J 200 nib.., HII. 'l,) r License No. (Where applicable) Designated Representative: 1\ -;- F\ .L-tLI'11 e (j - 1...J Oy(ct J7 U P Designated Representative: Name: br/Li?l VOLl fc.L , Name: [\ I [](\l)r Ui\1 i..~ IIVi 1-, lVll Title: ~erl/c)Y V/L.L PtlCSt dttzf Address: JAtDW UC--L+ f !(L~ -72()~fV'5 tUt0 ~ 7<( '" Phone: Lt!.t~) 1?)br 2Z'-(2- Facsimile: [. 7{JY) ') ,?{2Jb8-3 L(b Title: Phone: ,1 b:3" 53! ~51 0 0 Facsimile: ?03v SJ/..- 5/3fo END OF DOCUMENT 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc, 00520-6 AGREEMENT FORM PERFOR1VIANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: SURETY Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: Signature CONTR.A.CTOR AS PRINCIPAL Company: SURETY Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C-610 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. 00610-1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs. executors. administrators, successors. and assigns to Owner for the perfonnance 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 panicipate 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. thar Owner is considering declaring a Contractor Default and has requested and anempted 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 perfonning the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, bm such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. Owner has declared a Contractor Default and fonnally tenninated 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. \Vhen 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 perfonn and complete the Contract; or 4.2. Undenake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default: or 4.4. Waive its right to perform and complete. arrange for completion. or obtain a new contractor and with reasonable promptness under the circumstances: I. After investigation, determine the amount for which it may be liable to Owner and. as soon as practicable after the amount is determined. tender payment therefor to Owner; or 2. Deny liability in whole or in pan 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 wrinen 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 pan. withom funher notice Owner shall be entitled to enforce any remedy available to Owner. 6. After Owner has tenninated 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 bv Owner of the Balance of the Contract Price to mitigation of COSts and damages o~ the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default. and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract. actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract. and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs. executors, administrators, or successors. 8. Surety hereby waives notice of any change. including changes of time, to Contract or to related subcontracts. purchase orders, and other obligations. 9. Any proceeding. legal or equitable, under this Bond may be instituted in any coun of competent jurisdiction in the location in which the Work or pan of the Work is located and shall be instituted within tWO years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond. whichever occurs first. If the provisions of this paragraph are void or prohibited by law. the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety. Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in senlement of insurance or other Claims for damages to which Contractor is entitled. reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page. including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor. which has neither been remedied nor waived. to perform or otherwise to comply with the terms of the Contract. 12.4. Owner Default: Failure of Owner. which has neither been remedied nor waived. to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY - Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineer or other party) 00610-2 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: SURETY Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL Company: SURETY Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and EJCDC No. C-615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00615-1 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 Defaul t. 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 wrinen 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 ~ Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a wrinen notice to Surety and sent a copy, or notice thereof. to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a nOtice by a Claimant required by Paragraph 4 is provided by Owner to ContractOr or to Surety. that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Payor arrange for payment of any undisputed amounts. 7. Surety's tOtal obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety . 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By ContractOr furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obli!Iations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives nOtice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. NOtice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutOry requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a pOtential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto . 15.3. Owner Default: Failure of Owner. which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY - Name, Address and Telephone Surety Agency or Broker: Owner's Representative (engineer or other party): DOCUMENT 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional tem1S used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. ARTICLE 1 - DEFINITIONS AND TERl\1INOLOGY SC-1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined fom1. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC 2.02.A Amend the first sentence of Paragraph 2.02.A by striking out the word "ten" and inserting the word "five." ARTICLE 4 AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS SC-4.02 Add the following new paragraphs immediately after Paragraph 4.02.B: C. In the preparation of Drawings and Specifications, Engineer relied upon the following reports of explorations and tests of subsurface conditions at the Project Site: 1. Soil Boring Log sheets Dated April 20, 2005, prepared by Braun Intertec Corporation, Braun Project SP-05-00814; "Geotec1mical Evaluation, Victory Park Pond Improvements." D. Copies of reports and drawings itemized in SC-4.02.C that are not included with Bidding Documents may be examined at the office of Engineer during regular business hours. These repolis and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which the Contractor may rely as identified and established above are incorporated therein by reference. Contractor is not entitled to rely upon other infom1ation and data utilized by Engineer in the preparation of Drawings and Specifications. 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-1 SUPPLEMENTARY CONDIT10NS ARTICLE 5 - BONDS AND INSURANCE SC-5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2002 Edition) or a similar bond form if approved by Owner. SC-5.03.B Delete Paragraph 5.03.B in its entirety and insert the following: B. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such Insurance. C. By requITIng 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 indenmities 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: I. Worker's Compensation Insurance Coverage A - Statutory Coverage B - $500,000 $500,000 S500,000 Each Accident Disease - Policy Limit Disease - Each Employee 2. Commercial General Liability $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate SI,OOO,OOO Each Occurrence S1,000,000 Personal Injury 3. Comprehensive Automobile Liability S1,000,000 Combined Single Limit - Bodily injury and property damage. All owned, non-owned, and hired vehicles. 4. Umbrella Excess Liability $1,000,000 S 1 ,000,000 Each Occurrence Aggregate 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates. Inc. 00800-2 SUPPLEMENTARY CONDlTIONS 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 Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: Owner. Engineer. SC-5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire work at the Project Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.1 0 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. tJ"iL SC-5.06.A Add the following new item immediately after Item 5.06.A7: ,} . l.Y / /) '-,rJ ,,' "./~I/ .I ... 1/";1!~ iil J/,/1:... "\.j::' i fllJ,}t l -,o..)l.L- ru v c'" ~ 1I v . \. 8. The Builder's Risk Insurance xequ'ired herein shall apply to projects involving construction of structures and buildings only'" The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the work. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.06 Add the following new paragraph immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, me. 00800-3 SUPPLEMENTARY CONDITIONS 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 - CHAL'\JGES IN THE WORK; CLAIMS SC-IO.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 1 0.05.B by replacing the words "60 days" with the words "30 days." ARTICLE 13 TESTS AL"ID INSPECTIONS; CORRECTION, REMOV AL OR ACCEPT ANCE OF DEFECTIVE vVORK 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 AL"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. ARTICLE 16 - DISPUTE RESOLUTION 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 Constmction 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 comi having jurisdiction. 000034-03149-0 @ 2005 Bonestroo, Rosene. Anderlik & Associates, Inc. 00800-4 SUPPLEMENTARY CONDlTlONS B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 day period specified in Paragraph SC-16.01.C and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limi tati ons. 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: I. 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 2. such other individual or entity is substantially involved in a question of law or fact which is common to those vvho 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 jmisdiction 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 anyarbitration service shall be shared equally by Owner and Contractor. EJ\TD OF DOCUMENT 000034-03149-0 @ 2005 Bonesrroo, 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: Victory Park Pond Improvements for the City of New Hope, Minnesota, City Project No. 747. B. Description of Work: Construction of a stonn water pond and storm sewer improvements. 1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.04 LIQUIDATED DAlvlAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.05 WORK RESTRlCTIONS A. Use of Project Site: I. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction require Engineer's approval 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. 4. If additional space is needed, obtain and pay for such space off Project Site. 000034-03149-0 19 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-1 SUMMARY B. Access to Project Site: 1. Review desired access location(s) with Engineer prior to construction of rock entrance or disturbing any vegetation. 2. Hauling operations or heavy equipment traffic are to access the Project Site via Bass Lake Road to International Parkway to East Research Center Road. This route consists of all 9 ton roads. C. Other Work at Project Site: 1. The installation and revision of electric power, telephone lines, gas lines, and/or cable TV by private utilities is anticipated. P ART 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 000034-03149-0 iQ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-2 SUMMARY SECTION 01200 PRICE AND PAYMENT PROCEDURES P ART I - GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for pricing of work and request for payment procedures. 1.02 BID UNIT PRICES A. Provide access and assist Engineer in detemlining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.03 PAYMENT PROCEDURES A. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 ofthe General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstmction Conference. B. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated constmction schedule consistent with Section 01330 - Submittal Procedures. PART 2 - PRODUCTS Not Used 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01200-1 PRICE AND PAYMENT PROCEDURES 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 000034-03149-0 @ 2005 Bonestroo, Rosene. Anderlik & Associates, Inc. 01200-2 PR1CE AND PAYMENT PROCEDURES SECTION 01310 PROJECT MAi'\TAGEMENT AND COORDINATION PART 1 - GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Project coordination. 1.02 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Project Site. B. Project Utility Sources: Coordinate work with the following utility ovvners. The following utilities are known to be on the Project Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy; Greg Plumedahl, 763-493-1670. 5. Gas: CenterPoint Energy; AlIa Denisova, 612-321-5077. 6. Telephone: Qwest; Steve Hotvedt, 763-381-5031. 7. Cable TV: Comcast; Doug Zahn, 651-493-5316. C. Owner requires 48 hour notice for all utility interruptions. 1.03 PERl\1ITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. Shingle Creek Watershed Best Management Practices and other approval requirements. 000034-03149-0 (9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01310-1 PROJECT MANAGEMENT AND COORDfNA TION B. Apply for, obtain, and comply with the provisions of the following permits: I. MPCA Stonnwater Discharges Associated With Construction Activities NPDES General Permit. C. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.04 SURVEYING Al"ID 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. 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. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference: 1. Provisions for the Preconstruct ion Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01330 Submittal Procedures. C. Progress Meeting Procedures: 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the work, identify and discuss Project related issues, and discuss near-term construction activities. 000034-03149-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01310-2 PROJECT MANAGEMENT AND COORDINA Tl0N 1.06 CONSTRUCTION SCHEDULING A. Sequencing and Scheduling: I. All work causing disturbance within the street should be completed early enough to ensure that street restoration (paving) may be completed in 2005. 2. The base course of the street paving will be installed in 2005. 3. The wear course installation will be completed in the spring of2006. 4. Review concrete installation with Engineer prior to any pouring is completed. Insulation blankets may be required if deemed appropriate by the Engineer. 5. Conflict between the storm sewer and the existing sanitary service near the bends is anticipated. Consult with Engineer immediately if a problem arises. 6. For water main offset installation, if existing water service is encountered, notify Engineer immediately. Avoid disturbance to service connection if possible. Reconnect service as shown on Drawings and as directed by Engineer. 1.07 SUBMITTALS A. Submit a minimum of 4 copies of shop drawings, plus the quantity of copies the Contractor wants retumed. 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 000034-03149-0 :g 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01310-3 PROJECT MANAGEMENT AND COORDINATION SECTION 01330 SUBMITT AL PROCEDURES PART 1 - GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for submittals during the course of construction. 1.02 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch x 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each activity: I. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. FOID1at schedule as a horizontal bar chart. Provide separate bars for each activity. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. C. As work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 000034-03149-0 rg 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01330-1 SUBMITIAL PROCEDURES 3.02 EMERGENCY CONTACT LIST A. Before any work at the Project Site is started, submit a typed list on 8-112 inch x II inch paper outlining 24 hour on-call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local, mobile phone, and fax numbers. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORlV1ATION A. Confonn to the requirements of Paragraph 6.17 ofthe General Conditions, except as modified herein. B. The minimum sheet size shall be 8-1/2 inch x 11 inch. Non-legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following inforn1ation: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. D. Engineer's review will be in conformance with the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.05 MEASUREMENT Al'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 000034-03149-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01330-2 SUBM1TTAL PROCEDURES SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART I - GENERAL 1.01 SECTION INCLUDES A. Temporary utilities required during construction. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. 1.03 SUBMITTALS A. Submit Traffic Management and Control Plan consistent with Section 01330 - Submittal Procedures. Plan shall include the follo'wing information: 1. Haul and access routes. 2. Traffic control measures. 3. Permits or applications required by local authorities. 4. Temporary facilities required. PART 2 - PRODUCTS Not Used. PART 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 facilities necessary for work on the Project. C. Temporarily hold orrelocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 000034-03149-0 cg 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01500-1 TEMPORARY FACILITIES AND CONTROLS 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all non-City or County owned signs, posts, etc. that may be within the Project Site as directed by Engineer. B. Remove existing mailboxes and posts, and temporarily install in locations determined by Engineer. Replace mailboxes prior to Substantial Completion. Removal, temporary reinstallation, and replacement shall occur such that mail delivery is not intemlpted. Mailboxes, posts, and appurtenances damaged during constmction shall be replaced with new at no charge to Owner. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the work. Remove all temporary facilities, utilities, and controls as rapidly as progress will pernlit or as directed by Engineer. B. Temporary Water for Constmction: 1. Use of new or existing hydrants is prohibited. 2. Obtain water for constmction 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 and similar disposable materials appropriate for each facility. 3.05 TEMPORARY CONSTRUCTION A. Pumping and Dewatering: 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the work. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01500-2 TEMPORARY FACILITIES AND CONTROLS 2. Provide all necessary pumping to remove all surface water and groundwater from stmctures 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. C. Flaggers are required to protect constmction vehicles during unloading or constmction materials. Confonn to the requirements of the 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 constmction are in accordance with the MNfUTCD. 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 of traffic 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. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01500-3 TEMPORf\RY FACILITIES AND CONTROLS 3.07 TEMPORARY BARRIERS Ai'\JD 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. B. Temporary Fence: 1. Install as necessary to protect work. 2. Maintain and repair fence throughout the duration of the Project. 3.08 MEASUREMENT Ai'\JD 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. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid: 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. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. This will be considered payment in full for all work, including supplying and maintaining adequate Traffic Control to maintain the flow of traffic throughout the duration of the Project. 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 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01500-4 TEMPORARY FACILITIES AND CONTROLS SECTION 01570 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1- GENERAL 1.01 SECTION INCLUDES A. Temporary measures to control soil erosion and sedimentation. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. B. Section 02920 - Lawns and Grasses. 1.03 REFERENCES A. Milmesota Department of Transportation "Standard Specifications for Constmction," 2000 Edition (MnDOT Spec.): 1. 1803 - Prosecution ofyVork. 2. 2573 - Temporary Erosion Control. 3. 3733 - Geotextile. 4. 3885 - Erosion Control Blanket. 5. 3886 - Silt Fence. 6. 3893 - Sandbags. 7. 3911 - Calcium Chloride. 8. 3912 - Magnesium Chloride Solution. 9. Special Provisions S-25. 10. Special Provisions S-250. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-1 TEMPORA.RY EROSION AND SEDLvlENT CONTROL 1.04 SUBMITTALS A. Erosion Control Plans: 1. Temporary Erosion Control Plan. 2. Permanent Erosion Control Plan. 3. Storm Water Pollution Prevention Plan. 4. Erosion Control Schedule: Confornling to MnDOT Spec. 1803.5G: a. Proposed erosion control installations and when they will be installed. b. Areas ready for permanent turf establislmlent and when it will be accomplished. c. Grading operations and how erosion control will be incorporated into the work. d. Repair or maintenance required on erosion control installations and when it will be accomplished. 5. Completed application fonn for the MPCA's General Storm Water Permit for Constmction Activity. B. Certification and Sampling: 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The celiification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURAL"\TCE A. Qualifications: 1. MnDOT Inspector/Installer Certification. B. Certifications: Conform to MnDOT Spec. 1803.5D. 000034-03 149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-2 TEMPORARY EROSION AND SEDJ1vIENT CONTROL 1.06 PERMITS A. General: 1. This Project disturbs 1 or more acres of total land area, submit a completed application form for the MPCA's General Storm Water Permit for Constmction Activity and the appropriate fees to the MPCA. Also, submit a copy of the completed, signed, and dated application form to Owner. Authorization to begin grading under the NPDES Permit is automatically granted 48 hours after the permit application has been submitted to the MPCA. 1.07 SEQUENCING AND 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 acti viti es. 3. Pennanent erosion control measures are to be installed when deemed appropriate during the grading process. 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 of permanent turf in accordance with Section 02920 - Lawns and Grasses to prevent excessive soil erosion. Contractor is also responsible for the proper installation of all permanent erosion control measures in accordance with Section 02920 - Lawns and Grasses. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-3 TEivlPO RA.R Y EROSION AND SEDIMENT CONTROL PART 2 - PRODUCTS 2.01 SILT FENCE A. Machine Sliced Silt Fence: 1. Geotextile Fabric: Monofilament/Monofilament 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. b. Ditch Checks: 4 foot maximum spacing. 2.02 TEMPORARY CONSTRUCTION ENTRANCE A. Rock Constmction Entrance: 1. 3 inch size (minimum) washed river rock. 2. Geotextile: Confonn to MnDOT Spec. 3733, Type 4. 2.03 STOR1\1 DRAIN INLET PROTECTION A. Paved streets with concrete curb and gutter inlet protection: 1. Road Drain Curb and Gutter: Manufacturer: Wimco, LLC. 2. Silt Screen: Manufacturer: Alpine Stormwater Management. B. Alternate curb inlet protection devices: 1. Eco Block. 2. Straw or Excelsior vVattle (8 inch minimum diameter). 3. Filter Compost Sock: Manufacturer: Filtrexx. 4. Rock Barrier: a. Size: 3/4 inch to 1-112 inch clear aggregate only. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-4 TI:.MPU!{AK Y EROSION AND SEDLvlENT CONTROL b. vVire mesh and filter fabric. 5. Woven Type Sandbag Barriers conform to MnDOT Spec. 3893. 2.04 EROSION CONTROL BLANKET A. Sloped areas shall conform to MnDOT Spec. 3885, Class 2. B. Channelized areas shall conform to MnDOT Spec. 3885, Class 3. 2.05 DUST CONTROL A. Water shall be clear and free from suspended fine sediment. B. Calcium Chloride:'Conform to MnDOT Spec. 3911. C. Magnesium Chloride Solution: Conform to MnDOT Spec. 3912. 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 stmctural controls measures in accordance with approved sequence of constmction. Clearing and gmbbing operations shall be so scheduled and perfornled 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 Proj ect length without written approval of the Engineer. 4. Only disturb, clear, or grade areas necessary for constmction. Delineate areas not to be disturbed: a. Exclude vehicles and constmction equipment from these areas to preserve natural vegetation. 5. Maintain and preserve riparian and naturally vegetated buffer strips along water courses. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-5 TEMPORARY EROSION AND SEDJ1vlENT CONTROL 3.02 INSTALLATION A. Silt Fence: Conform to MnDOT Spec. 2573.3B3: 1. Silt fences shall be installed in the locations shown on the Drawings, using the machine sliced installation method. 2. If the silt fence is longer than 600 feet, it shall be constmcted 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. B. Erosion Control Blanket: 1. Blanket installed in channelized areas shall be installed with the direction of flow in all cases. 2. Blanket installed on sloped areas shall be installed perpendicular to the slope. 3. 6 inch wire "U" staples shall be used to secure the blanket will be ofa length and a placement pattern as specified by the manufacturer to insure the blanket will perform as specified: a. Charmel and slope applications require a minimum of 18 inches on center installation requirements for all staples. C. Temporary Rock Constmction Entrance: 1. Rock constmction entrance shall be installed in locations shown on the Drawings. 2. Rock constmction entrance shall be constmcted before grading begins on the Project Site. 3. Inspect rock constmction entrance daily for mud accumulation. 3.03 MAINTENAl"\TCE A. Confornl 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 of the grading or constmction. Restoration consists of grade repair, turfre-establishment, and street sweeping of mud and debris tracked from the Project Site. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-6 TEMPORARY EROSION AND SEDJ1vlENT CONTROL 2. Inspection of all erosion control items will take place immediately after each mnoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 4. Maintain temporary constmction entrances in a condition to prevent mud or sediment from leaving the construction Project Site: a. Replace gravel material when surface voids are visible. b. After each rainfall, inspect any stmcture used to trap sediment and clean it out as necessary. c. Immediately remove all objectionable materials spilled, washed, or tracked onto public roadways. Remove all sediment deposited on paved roadways within 24 hours. B. Sediment Removal: Confolm 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. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-7 TEMPORARY EROSION AND SEDL\ilENT CONTROL 3.04 MEASUREMENT AND PAYMENT A. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. B. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all work and costs of the following Bid Items. 80 percent partial payment will be made upon installation and 20 percent payment will be made upon removal and restoration: 1. Silt Fence, Type Machine Sliced: Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. 2. Erosion Control Blanket: Measurement will be based on units of square yards completed and stapled in place. 3. Temporary Rock Constmction Entrance: Measurement will be per Each installed in accordance with the standard detail shown on the drawings. 4. Protection of Catch Basin in Street: Measurement will be by each. 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 000034-03 149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-8 TEMPORA.RY EROSION AND SEDJ1vlENT CONTROL SECTION 01700 EXECUTION REQUIREMENTS PART 1- GENERAL 1.01 SECTION INCLUDES A. Requirements for overall execution ofthe 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, vVritten Notification of Substantial Completion, Executed Certificate of Substantial Completion, Written Notification of Final Completion, Spare Parts, Operation and Maintenance Manuals, instmctions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 2. Final Application for Payment, including accompanying documentation IC-134 Fornl. P ART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 EXAl\tIINATION A. Acceptance of Conditions: By commencing work, Contractor constmes acceptance of the adjacent conditions as satisfactory to receive work. B. Existing Conditions: Before commencing work, inspect existing conditions adjacent to work. If adjacent conditions prevent completion of work, Contractor will not commence work until the conditions are corrected. 000034-03149-0 i(;;: 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-1 EXECUTION REQUIREMENTS 3.02 PROJECT SITE MAINTENAl"\TCE 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 of the Conditions of the Contract. 3.03 CLEAl'\TING AND PROTECTION A. Clean and protect work in progress and adjoining work during installation. B. Clean and perfornl maintenance as frequently as necessary throughout constmction period. 3.04 CERTIFICATE OF COMPLIANCE WITH MIN1\TESOTA 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 fornl, 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 Milmesota Department of Revenue, FornlS Section, Mail Station 1173, St. Paul, MN 55146-1173 or by calling (651) 296-4444. 3.05 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Street Sweeper w/Operator. Measurement will be by the units of hours. 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 000034-03149-0 ':9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-2 EXECUTION REQUIREMENTS SECTION 02225 REMOVALS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade stmctures and miscellaneous items. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. . 1.03 REFERENCES A. Milmesota Department of Transportation "Standard Specifications for Constmction," 2000 Edition (MnDOT Spec.): 1. 2104 - Removing Pavement and Miscellaneous Stmctures. 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, orremove 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 off pipes and structures so that no settlement or flow can occur. 1.05 REGULATORY REQUIREMENTS A. Confornl to MnDOT Spec. 2104.3C, with the following modifications: 1. All materials designated for removal shall be disposed of outside the Proj ect 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. 000034-03149-0 '9 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 EXA1\1INATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. 000034-03149-0 ~ 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 constmction 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 stmctures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new constmction. 3.04 SAWING PAVEMENT A. Bituminous Pavement: Saw along the removal line to a minimum depth of3 inches prior to breaking off the pavement. 3.05 REMOVE BITUMINOUS PAVEMENT A. Remove in accordance with MnDOT Spec. 2104.3B, except as modified below. B. Sawcut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. C. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-3 REMOVALS 3.06 REMOVE CURB Al'ID GUTTER A. Sawcut at removal limits. B. Concrete Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits required to form for new constmction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). 3.07 REMOVE MANHOLES AND CATCHBASINS A. Remove entire stmcture including base slab. 3.08 REMOVE SECTIONS OF EXISTING PIPE A. Pipes to be abandoned shall be bulkheaded with brick and non-shrink concrete grout thick at the upstream ends, at the downstream ends that connect to catch basins, manholes, and at locations as deternlined by the Engineer. B. Pipe to be abandoned shall be filled with suitable material as directed by the Engineer. C. Pipe to be abandoned shall be removed if the top of pipe is within 3 feet of final surface elevation. 3.09 SALVAGE Al'ID REINSTALL A. Signs: 1. In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made fora temporary installation or its disposition: a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. 2. Remove and salvage all posts, A-frame angle brackets, stringers, as well as the nuts, bolts, and washers. 3. Exercise reasonable care against damage to in-place signs during storage and installation. 4. Remove signs damaged during constmction and replace with new signs. 000034-03 I 49-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-4 REMOVALS B. Fences: 1. Salvage and store fence and post material where they are in conflict with the work. 2. After completion of work, reinstall fence to the condition existing prior to removal. 3. Install temporary snow fence or similar barrier at the end ofthe working day while the permanent fence is removed. 3.10 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. 3.11 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. 3.12 MEASUREMENT Al'ID PAYMENT A. Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all vvork 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 of the 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 integral bituminous curb. 3. Remove Concrete Curb and Gutter: Per lineal foot of the type specified. 4. Remove Sewer Manhole: Per each. 000034-03 I49-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-5 REMOVALS 5. Remove Pipe: Per lineal foot ofthe type specified, measured from center of junction fittings, catch basins, or manholes, and will include the length of any aprons. 6. Plug and Fill Ex. Storm Sewer: Per lineal foot of the pipe bulkheaded and filled in accordance with the specifications. 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 000034-03 149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02225-6 REMOVALS SECTION 02230 SITE CLEARING P ART 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 Constmction," 2000 Edition (MnDOT Spec.): 1. 2101 - Clearing and Gmbbing. 1.04 DEFINITIONS A. Bmsh: 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, shmbs, bushes, windfalls, and other vegetation in the designated areas. C. Gmbbing: Removing and disposing of stumps, roots, and other remains in the designated areas. D. Tree Trimming/Pmning: Cutting broken, damaged, or obstmcting branches and installing wound dressing. 1.05 QUALITY ASSURAL"\TCE A. Burning: 1. Acquire Milmesota Pollution Control Agency (MPCA) and all required State Pernlits. 2. Confonn to all local regulations. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230-1 SITE CLEARING 1.06 PROJECT SITE CONDITIONS A. Work consists of removing trees generally in the area of designated for grading. Significant trees to be removed have been shown on the drawings. Remaining trees, bmsh, etc will be removed under the Clearing and Gmbbing Bid Item. B. The Drawings do not specifically show all trees to be removed or transplanted. C. Protect specimen trees close to work that are designated to remain but may be damaged by work. 1.07 SEQUENCING Al"\TD 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. PART 3 - EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing work. Clearing limits will be clearly marked by the Engineer. 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 bmsh in the areas designated as a clearing operation. B. Clearing Bmsh: Cut even with the ground surface. C. Gmbbing: Remove bmsh, stumps, roots, and other remains to a depth of 6 inches below sub grade for all proposed sections. 000034-03 I 49-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02230-2 SITE CLEARING D. All depressions resulting from the grubbing operations shall be backfilled 111 accordance with Section 02315 - Excavation and Fill. 3.03 TRIMMING Al'ID PRUNING A. As directed by the Engineer, trim trees that are to be saved but interfere with the proposed constmction. Paint all cuts with wound dressing. 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 stmctures, 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 rema111. 3.05 DISPOSAL A. Dispose of all cleared and grubbed 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 permitted. 3.06 PROTECTION A. Conduct operations so as not to damage surrounding private property. B. Protect trees intended to be saved from injury or defacement during operations: 1. Restrict widths of utility trenches. 2. Provide protective bracing, sheeting, or box to insure safe work conditions as incidental to Contract. C. Exercise care to keep salvaged material as clean as possible during operations. D. Install temporary fencing at the constmction limits and drip lines of trees to be protected prior to any construction activities in order to protect vegetation. 000034-03149-0 ~ 2005 Bonestroo, Rosene, AnderIik & Associates, Inc. 02230-3 SITE CLEARING 3.07 MEASUREMENT Al'ID PAYMENT A. A Bid Item has been provided for Remove Existing Tree. Measurement will be by physical count of each tree cleared and gmbbed that is specifically marked on the plan for removal. Payment will constitute compensation in full for all removal, disposal work, and costs. Any trees removed that are of comparable size to those marked on the plan will be paid under this Bid Item. Any remaining, less significant trees, bmsh, etc. will be paid under the Clearing and Gmbbing Bid Item. B. A Bid Item has been provided for Clearing and Gmbbing. Measurement will be by acre of trees cleared and grubbed. Measurements shall be made horizontally to points 10 feet outside the tmnks of trees or stumps on the perimeter of the area being measured: 1. This Bid Item includes all trees, bmsh, shmbs, etc. not specifically shown, or found to be comparable in size to those shown, on the plans for removal. 2. Payment will constitute compensation in full for all removal, disposal, and costs. C. Sod Removal: This work IS considered incidental to the other work of the Contract. D. Windfall/Deadfall Removal: This work shall be incidental to the Project with no direct compensation. E. Bmsh Removal: This work shall be incidental to the Project. F. Stripping and Stockpiling of Soil: This work shall be considered incidental to other work in the Contract. G. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-03 I 49-0 ~ 2005 Bonestroo, Rosene, AnderIik & Associates, Inc. 02230-4 SITE CLEARING SECTION 02280 ADmST MISCELLANEOUS STRUCTURES PART 1 - GENERAL 1.01 SECTION INCLUDES A. Adjustment of utility stmctures. 1.02 RELATED SECTIONS A. Section 02630 - Storm Drainage. B. Section 02740 - Plant Mixed Asphalt Pavement. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A48 - Specification for Gray Iron Casting. 2. C6 - Specification for Normal Finishing Hydrating Lime (Mortar). 3. C141 - Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 4. C150 - Specification for Portland Cement (Concrete Rings/Mortar). B. Milmesota Department of Transportation "Standard Specifications for Constmction," 2000 Edition (MnDOT Spec.): 1. 2506 - Manholes and Catch Basins. 1.04 DEFINITIONS A. Adjust Frame and Ring Casting: A change in rim elevation accomplished for manholes or catch basins through the addition or removal of adjustment rings only. Adjustment does not include the addition or removal of sections from the stmcture. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-1 ADJUST MISCELLANEOUS STRUCTURES 1.05 SEQUENCING AND SCHEDULING A. Contractor, Engineer, and Owner shall inspect all existing stmctures prior to beginning constmction. B. Owner will remove any foreign material found in the existing stmctures prior to constmction. Contractor is responsible for removing any foreign material that enters the stmctures during constmction. P ART 2 - PRODUCTS 2.01 ADJUSTING RING A. Concrete: 1. Size to match cone or opening in top slab. 2. Concrete Compressive Strength: Minimum 3000 psi. 3. Reinforcing: Single hoop 8 gauge steel wire. 4. Thickness: Minimum 2 inches, maximum 4 inches. 2.02 ADHESION MATERIALS A. Mortar: 1. Standard Portland Cement: Type I, ASTM C150. 2. Normal Finishing Hydrated Lime: ASTM C6. 3. Hydraulic Hydrated Lime for Stmctural Purposes: ASTM C141. 4. Mix Proportions: 1 part cement to 3 parts mortar sand; lime may be added to mixture: maximum amount 15 percent by volume. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-2 ADJUST MISCELLANEOUS STRUCTURES 2.03 CASTINGS A. Manhole, Catch Basin Frames, and Covers: 1. Requirement: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Finish: Coal tar pitch varnish. 4. Finish Preparation: Sandblast. 5. Machine cover and frame contact surface for non-rocking protection. 6. Type and Style: NEENAH R1642, Type "B" Lid, or approved equal, for storm sewer manholes, and NEENAH R3067, Type "V" Grate, or approved equal, for storm sewer catch basin manholes and catch basins. Covers without grate openings stamped with "STOR1\1 SEWER" as appropriate. Use 2 inch letters. PART 3 - EXECUTION 3.01 GENERAL A. The necessary vertical alignment will be deternlined by the Engineer and generally as indicated on the schedule of adjustments. B. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. C. The frame shall be raised or lowered to match the street or gutter. D. Protect existing stmctures from damage. E. Prevent sand, concrete, or any other debris from entering the stmctures. 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-3 ADJUST MISCELLANEOUS STRUCTURES 3.03 ADmST FRA1\1E AND RING CASTING A. Remove all diIi, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. B. Concrete Adjusting Ring: 1. Mortar on top and bottom surfaces of all concrete adjusting rings; between surface of top slab or cone and bottom ring; between surface of top ring and casting; on entire surface of area of ring with no gaps: a. Mortar Thickness: 1/4 to 1/2 inch. 2. No shims of any material allowed. 3. Required cross slope of casting to be achieved by varying thickness of mOliar. 4. Do not plaster the inside surface of rings. 5. Wipe clean all excess mortar from the joints inside all rings and frame. 6. Remove all mortar spills from the stmcture. 7. Minimum of 2, maximum of 5 adjusting rings allowed. 8. Use a 6 inch ring where applicable. 3.04 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 3/8 inch below the rim of the adjustment stmcture will require removal and replacement of the bituminous surfacing at the Contractor's expense. B. Secure manholes and stmctures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Adjust Manholes and Catch Basin Frames 1/8 inch to 3/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around manhole and catch basin frames is required. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. In such cases, the crown or gutter shall be either lowered or raised, as the case may be, to put the street and frame at the same grade. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-4 ADJUST MISCELLANEOUS STRUCTURES D. Adjust frame upward with standard concrete adjustment rings ofthe same size as the cone or slab opening. Place each adjustment ring and frame in a full mortar bed. Adjusting rings needed to raise the casting to grade shall be incidental to the adjustment pay item. E. Adjust frame downward by removing the necessary number of adjustment rings from the stmcture and resetting the frame in a full mortar bed to grade. F. Regardless of the direction of adjustment, no shims of any material will be allowed. The minimum thickness of all mortar joints shall be at least 1/4 inch with a maximum allowable thickness of 1/2 inch. All excess mortar from the joint shall be wiped clean from the inside of all rings and frame. 3.05 MEASUREMENT Al'ID PAYMENT A. Adjusting Manhole Frame and Ring Casting: Adjustment of the manhole frame and ring castings in this Contract are considered incidental to the installation of the manhole. B. Adjust Catch Basin Frame and Ring Casting: Adjustment of the catch basin frame and ring castings in this Contract are considered incidental to the installation ofthe catch basin. C. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02280-5 ADJUST MISCELLANEOUS STRUCTURES SECTION 02315 EXCAVATION AND FILL PART 1 - GENERAL 1.01 SECTION INCLUDES A. Excavation and fill for roadways, channels, ponds, and other areas. 1.02 RELATED SECTIONS A. Section 02225 - Removals. B. Section 02230 - Site Clearing. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Constmction," 2000 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 3149 Granular Material. 1.04 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. Grading Grade: Bottom of the aggregate base as shown on the Drawings. 2. 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. 3. Subgrade Excavation: Excavation below the grading grade. 4. Rock Excavation: Includes rocks exceeding 1 cubic yard that are not decomposed, weathered, or shattered, and which require blasting, barring, wedging, or use of air tools for removal. Also included are any boulders, concrete, or masonry stmcture (except concrete pavement, curb, gutter, and sidewalk). 000034-03 I 49-0 '9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02315-1 EXCA V A TION AND FILL 1.05 QUALITY ASSURAL"TCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.06 SEQUENCING AND SCHEDULING A. Perform excavation as soon as possible after sewer and water constmction. B. Complete sub grade for streets, driveways, walks, and parking lots immediately after trench backfill and compaction. C. Complete finish grading of turf areas within 5 calendar days after backfill. PART 2 - PRODUCTS 2.01 MATERIALS A. Salvaged Aggregate: 1. Conform to MnDOT Spec. 3149.2C1. PART 3 - EXECUTION 3.01 GENERAL A. Confornl 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 EMBANKMENT A. Conform to MnDOT Spec. 2105.3B, or as modified herein: 1. Engineer's approval is required of all areas where preparation work has been perfornled prior to the placement of the embankment or fill material. 000034-03 I 49-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates. Inc. 02315-2 EXCAVATION AND FILL 2. Where embankment is to be constmcted 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. 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 210S.3C, or as modified herein: 1. Perfonn 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 dismption 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 permanent facilities are completed. 7. Cut, fill, and grade Project Site to elevations and contours shown on the Drawings with allowances for pavements, topsoil, and stmctures. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 210S.3D, or as modified herein: 1. Strip topsoil consistent with Section 02230 - Site Clearing. 3.05 PLACING EMBANKivIENTS A. Conform to MnDOT Spec. 2105.3E, or as modified herein: 1. Topsoil placement shall conform to Section 02920 - Lawns and Grasses. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02315-3 EXCA V A TI0N AND FILL 3.06 COMPACTING EMBANKl\1ENTS A. Conform to MnDOT Spec. 2105.3F, or as modified herein: 1. Compaction required for embankment materials shall confonn to the Specified Density Method with the testing location and rates being determined by the Engineer. 3.07 FINISH OPERATIONS A. Confornl to MnDOT Spec. 210S.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 subgrade 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. 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 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02315-4 EXCA V A TION AND FILL SECTION 02318 SUBGRADE PREPARATION PART 1 - GENERAL 1.01 SECTION INCLUDES A. Grading, shaping, and compacting subgrade prior to placing a base or surface course. 1.02 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. 2105 - Excavation and Embankment. 2. 2111 - Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING Al'ID SCHEDULING A. Subgrade preparation shall be performed pnor to placement of the bituminous/aggregate base course. B. Complete subgrade for streets, driveways, and parking lots immediately after installation of pipe as part of trench backfill and compaction. P ART 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. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02318-1 SUBGRA.DE PREPARA. TION 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 Tandol11 Truck with a gross weight of 4S,000 pounds. 2. The road bed will be considered unstable if yielding and mtting is greater than 1-1/2 inch. 3.03 COMPACTION A. Conform to MnDOT Spec. 210S.3F1, or as modified herein: 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted sub grade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3.04 FINISH OPERATIONS A. Subgrade tolerance shall confornl to MnDOT Spec. 210S.3G, or as modified below: 1. Not vary by more than O.OS feet above or below the prescribed elevation at any 1 point where a measurement is made. 3.05 MEASUREMENT A.L'ID PAYMENT A. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related work shall be considered incidental to the Project with no direct compensation made therefor. B. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02318-2 SUBGRADE PREPARi\ TION SECTION 02320 TRENCH EXCAVATION AND BACKFILL P ART 1 - GENERAL 1.01 SECTION INCLUDES A. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. 1.02 RELATED SECTIONS A. Section 02230 - Site Clearing. 1.03 REFERENCES A. MiImesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. B. American Water Association (A WVV A): 1. C 150 - Thickness Design of Ductile Iron Pipe. 2. C151 - Ductile Iron Pipe Centrifugally Cast in Metal Molds or Sand - Lined Molds for Water and Other Liquids. 1.04 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to tme line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Project Site. Required when foundation is soft or unstable. D. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pIpe. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-1 TRENCH EXCA V A TION AND BACKFILL E. Sand Cushion: Aggregate bedding material used around pipe in areas where pipe insulation is used and when crossing existing utilities. 1.05 SEQUENCING Al'ID SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of constmction to permit adjustments in the work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting constmction 111 a gIVen area, requesting utility locations in the field. D. Provide continuance of flow of existing se\ver and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.06 W ARRAl"\TTY A. Trench settlements that occur during the correction period and are greater than 1 inch as measured by a 10 foot straight edge will be repaired in a manner acceptable to the Owner at the Contractor's expense. P ART 2 - PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Ductile Iron Pipe (DIP) and Reinforced Concrete Pipe (RCP): 1. Class C-l Bedding: a. Undisturbed soil. 2.02 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec. 3149.2H Modified: 1. Cmshing Requirements: At least 50 percent of the material by weight retained on the No.4 sieve shall have 1 or more cmshed faces. 000034-03149-0 '9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-2 TRENCH EXCA V A TION AND BACKFILL 2.03 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149.2Bl for Granular Borrow: 1. No onsite granular material encountered during constmction may be used. 2. 1 inch maximum aggregate size. 2.04 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of mbbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. PART 3 - EXECUTION 3.01 EXA1\1INATION A. Prior to constmction, inspect existing utility stmctures and surface features, and document condition. B. Re-inspect foundation soils if rain fall or snow has occurred after initial inspection but prior to placing pipe and bedding. 3.02 PREPARATION A. Notify Utility Owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, stmctures, pavement, etc., that are not designated on the Drawings to be removed. C. Notify utility companies of progress schedule so they can accomplish any necessary relocations and removals that they have agreed to relocate, remove, or support. D. Implement traffic control. E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Strip off existing topsoil from within the trench excavation limits and stockpile. Separate vegetative strippings from salvageable topsoil and dispose of appropriately. 000034-03] 49-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-3 TRENCH EXCA VA TION AND BACKFILL G. Crossing Under Existing Utility Lines: 1. Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 2. vVhere possible and as authorized by the utility, temporarily remove the utility line, install the new pipe, and reinstall the utility line. 3. Where existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100 Percent Standard Proctor Density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Trench Excavation: 1. Excavate trench to alignment and grade shown on the Dravlings. 2. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100 Percent Standard Proctor Density. 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a manner that will not endanger the work or obstmct side\valks, dIiveways, gutters, etc. 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under "Backfill Above Pipe Zone." " 7. Dispose of excess excavated materials off of right-of-ways and easements in a suitable site selected by the Contractor. 000034-03 I 49-0 ::9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-4 TRENCH EXCA V A TION AND BACKFILL 8. Haul mateIials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. B. Water Control: 1. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and stmctures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1 foot below the pipe invert. C. Trench Bottom: 1. Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where in the opinion of the Engineer unsatisfactory foundation conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 2. Provide temporary support, remove, relocate, or reconstmct eXIst111g utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, mpture, or failure. 3. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the aligrIment, grade, and location to avoid conflict may be ordered by the Engineer. 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material meeting the requirements of Part 2.04.B of this Section: a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. 000034-03149-0 .~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-5 TRENCH EXCA VA TION AND BACKFILL 5. Improved Pipe Foundation: vVhen unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 3.04 PIPE BEDDING A. Reinforced Concrete Pipe: Bed pipe in accordance with Class C-l Bedding. B. Ductile Iron Pipe: Bed pipe in accordance with A WvVA Standard C150 and C151. C. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 inch clearance from pipe. D. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in unifornl layers not exceeding 4 inches in depth. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3Fl "Specified Density Method." Tren.ches shall be compacted to a minimum of95 percent, except to 100 percent in the upper 3 feet. D. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02320-6 TRENCH EXCA VA TION AND BACKFILL F. Excavated material not suitable or required for backfill shall be disposed of outside of the Project Site. 3.07 RESTRICTED TRENCH WIDTH A. Restrict width of trench to conform to constmction limits where directed by the Engineer to prevent damage to specimen trees or adj acent stmctures. 3.08 FIELD QUALITY CONTROL A. Density Tests: To be performed by an approved soils testing firnl at various locations and depths throughout the Project Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and re-compacteduntil the density requirements are met. 3.09 MEASUREMENT Al'ID PAYMENT A. Trench Excavation: Excavation and backfilling of trench and associated pIpe bedding shall be included in the price of pipe provided. B. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. C. Sand Cushion: Sand required at utility crossmgs and for insulation will be considered incidental to the work. D. Density Tests: 1. Passing Tests: All costs paid by Owner. 2. Failing Tests: All costs charged to and paid by the Contractor. E. Dewatering: No explicit, direct payment is made for this work. Include the costs in the Bid Unit Prices for the pipe or stmcture installed. F. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-03149-0 ~ 2005 BonestToo, Rosene, Anderlik & Associates, Inc. 02320-7 TRENCH EXCA VA TION AND BACKFILL SECTION 02510 VV A TER MAIN PART 1- GENERAL 1.01 SECTION INCLUDES A. Water main pipe, hydrants, valves, fittings, and miscellaneous appurtenances. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. B. Section 02320 - Trench Excavation and Backfill. 1.03 REFERENCES A. Anlerican Water Works Association (A WW A): 1. C104 - American National Standard for Cement Mortar Lining for Ductile-Iron Pipe and Fittings for Water. 2. C105 - American National Standard for Polyethylene Encasement for Ductile-Iron Pipe Systems. 3. Cl11 - American National Standard for Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 4. C151 - American National Standard for Ductile-Iron Pipe, Centrifugally Cast, for Water. 5. C153 - American National Standard for Ductile-Iron Compact Fittings, 3 Inch Through 24 Inch, and 54 Inch Through 64 Inch, for Water Service. 6. C600 - AvVWA Standard for Installation of Ductile-Iron Water Main and Their Appurtenances. B. American Society of Testing and Materials (ASTM): 1. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. C. Minnesota Department of Transportation "Standard Specifications for Constmction," 2000 Edition (MnDOT Spec.): 1. 3760 - Insulation Board (Polystyrene). 000034-03149-0 ':9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-1 WATER MAIN 1.04 SEQUENCING AND SCHEDULING A. Notify the Owner a minimum of 48 hours prior to performing work. At this time, the Contractor is responsible to notify the City Fire Department of the intended shutdown. B. Notify all customers connected to water system to be shut down 48 hours in advance of shut down. C. The Owner must open and close the existing valves for this part of the operation. The Owner is responsible for flushing the mains after the connection is completed; however, the Contractor shall assist the Owner as necessary. D. Successfully complete required test and inspections before restoration of surface. PART 2 -PRODUCTS 2.01 DUCTILE IRON PIPE AND FITTINGS (DIP) A. General Requirement: A WW A C151/A21.51. B. Cement-mortar lining conforming to A WW A C1 04/ A21A. C. Class 52 for diameters less than 20 inches. D. Class 51 for 20 inch diameter or greater. E. Fittings: AWWA C153/A21.53, Ductile Iron, 250 psi working pressure, AWWA C 111 / A21.11 latest revision, mechanical joint or push-on. F. Spray exterior fitting nuts, bolts, and megalugs using a bituminous coal tar as supplied by the manufacturer. G. Wrap all pipe and fittings according to pipe encasement requirements. H. Cor-Blue T -Bolts shall be required on all mechanical joint fittings. 2.02 CONDUCTIVITY STRAP A. As specified by the pipe manufacturer. 000034-03149-0 '9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-2 WATER MAIN 2.03 JOINT RESTRAINT A. Mechanical Joint Restraint: 1. Ductile iron. 2. Working Pressure: Minimum 250 psi. 3. EBAA Iron, Inc., Mega-lug, or approved equal. Mega-lug and retainer glands are not allowed on existing cast iron pipe. 4. Spray exterior ductile iron nuts and bolts using a bituminous coal tar as supplied by the manufacturer and wrap according to Section 2.10 Pipe Encasement. B. Tie Rods: Steel rods with "Star" brand tie bolts. 2.04 PIPE ENCASEMENT A. Polyethylene: Confornl to AWvVA C105/A21.5, Class C (Black), tube form. Material shall conform to ASTM A674. 2.05 INSULATION A. Conform to MnDOT Spec. 3760. 2.06 CORPORATION COCK A. See Section 02515 - vVater Services. 2.07 COPPER SERVICE PIPE A. See Section 02515 - Water Services. PART 3 - EXECUTION 3.01 PREPARATION A. Conforn1 to Section 02320 - Trench Excavation and Backfill. 000034-03149-0 (9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-3 \VA TER MAIN 3.02 INSTALLATION OF PIPE A. Install pipe and fittings in accordance with the manufacturer's instmctions and with the details shown on the Drawings. B. Permanently suppOli, remove, relocate, or reconstruct eXIstmg utility pipes, cables, stmctures, or other appurtenances when they obstmct the line, grade, or location of the pipe or appurtenance. C. Remove foreign matter or dirt from the inside of pipe. D. All jointing of mechanical joint pipe and push-on joint pipe in accordance to AWWA C600. E. Outside of the spigot and the inside of the bell, 'l,vire bmsh, wipe clean and dry. Keep pipe ends clean until joints are made. F. Lay and maintain pipe and appurtenances to the alignment, grade, and location shown on the Drawings. No deviation from the Drawing alignnlent, grade, or location is allowed, unless approved by the Engineer. No pipe shall be laid in water or when the trench conditions are unsuitable for such work. G. Provide conductivity throughout the water system by use of conductivity strap. H. Precautions are to be taken to prevent debris or groundwater from entering the pipe being laid. 1. Installing Fittings: 1. General Requirements: A WW A C600. 2. Set and jointing to existing pipe and fittings as specified for cleaning, laying, and joining pipe. 1. Backfilling: Conform to Section 02320 - Trench Excavation and Backfill. 3.03 INSULATION A. Review insulation installation with Engineer: 1. Place insulation between storm sewer pipe and water mam or water service when pipes are separated by less than 2 feet. 000034-03149-0 ':9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-4 WATER MAIN 3.04 PIPE CONFLICTS A. Shall apply to any pipe conflicts where a minimum clear separation of 1 foot is not possible. B. Cut the water main beyond the proposed sewer trench wall. C. Remove the abandoned water main and install offset as shown on the Drawings or as encountered during constmction. D. All offset piping shall be DIP. E. Megalug type restraints shall not be allowed on cast iron pipe. 3.0S PROTECTION A. Existing valves and hydrants shall be operated by the Public Works Department, unless under emergency situations. B. Mark valve boxes and stmctures susceptible to being hit by constmction or vehicular traffic. 3.06 FIELD QUALITY CONTROL A. Scope: 1. The Engineer will observe and verify all tests and visually inspect final work for compliance. 3.07 MEASUREMENT Al'ID PAYMENT A. A Bid Items has been provided for 8 Inch Water Main Offset. Measurement will be based on 8 inch offsets installed. Payment at the Bid Unit Price shall include furnishing and installing the all necessary components to install the offset in accordance with the detail as shown on the Drawings. This Bid Item includes all pipe, fittings, bolts, sand, insulation, casing, rodding, and any other materials for the installation as shown on the Standard Detail Plate. B. No Bid Items have been provided for steel rodding. Steel rodding shall be considered incidental to water main installation with no direct payment made. 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 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02510-5 \VATER MAIN SECTION 02515 WATER SERVICES PART 1 - GENERAL 1.01 SECTION INCLUDES A. Constmction of water service pipe, corporation stops, and all appurtenances. 1.02 RELATED SECTIONS A. Section 02320 - Trench Excavation and Backfill. B. Section 02510 - Water Main. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. B88 - Class K Copper Water Service Pipe. PART 2 - PRODUCTS 2.01 SERVICE PIPE A. Copper Water Tube: 3/4 inch through 2 inch for buried service shall be seamless, Type K water tube confornling to ASTM B88. Service tubing larger than 1 inch shall be rigid Type K and joined using soldered joints: 1. Fittings shall be designed for working pressures up to 150 psig. Fittings used in service lines shall be designed for connection to the service line by threads, brazing, compression, and/or flaring. B. Ductile Iron Pipe (DIP): ConfOlm to Section 02510 - Water Main. 2.02 CORPORATION STOP A. Approved Manufacturers: 1. Mueller, Minneapolis Pattern H-15000. 2. Ford Type F600. 3. Hayes No. 5200. 4. McDonald No. 4701. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02515-1 WATER SERVICES B. Threaded for use with copper service pipe. C. Threaded on inlet end with standard corporation cock thread. D. Mueller 110 compression connections are approved. 2.03 SERVICE SADDLES A. Approved Manufacturers: 1. Smith-Blair 372. 2. Ford FS303. 3. Cascade CS22. PART 3 - EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances that may apply. B. Preparation: Conform to Section 02320 - Trench Excavation and Backfill. C. New services shall be connected at the locations shown on the Drawings or if not shown as directed by the Engineer. D. Corporation Stop: 1. Tap into main only when water main is under pressure. 2. Support corporation with 1/2 cubic yard 1-1/2 inch stabilization rock. E. Reconnect Existing Service: 1. Disconnect existing service from existing water main, lengthen copper service as required, and reconnect to the new main via new corporation stop: a. Connection between existing copper and new copper shall be made by silver solder. F. All trenches shall be backfilled and compacted in accordance to Section 02320 - Trench Excavation and Backfill. 000034-03149-0 ~ 2005 BonestToo, Rosene, Anderlik & Associates, Inc. 02515-2 WATER SERVICES 3.02 FIELD QUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. 3.03 MEASUREMENT Al'ID PAYMENT A. Water Service Line: Measurement by linear foot of each size and type of pipe measured along the axis of the pipe, from centerline of the water main to termination as shown on the Drawings with no regard to intervening fittings. Payment at the Bid Unit Price per foot shall include cost of all pipe, fittings, laying, excavation, backfilling, and testing: 1. Placement and compaction of the aggregate material around the corporation stop and gooseneck is incidental to the service line. 2. Supplying and installing wooden markers or fence a post is incidental to the service line. B. Corporation Stop: By physical count of each type installed, including saddle. C. Material, placement, compaction, and removal of excess trench material to be included in the Bid Unit Price for Corporation Stop. D. Connect to Existing Water Service: Measurement shall be based on each connection made, including silver solder for joining of copper lines. 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 000034-03149-0 9 2005 BonestToo, Rosene, Anderlik & Associates, Inc. 02515-3 WATER SERVICES SECTION 02530 SANIT ARY SEWER PART 1 - GENERAL 1.01 SECTION INCLUDES A. Sanitary sewer pipe and services. 1.02 RELATED SECTIONS A. Section 02320 - Trench Excavation and Backfill. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A615 - Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement. 2. C150 - Specification for Portland Cement. 3. C206 - Specification for Finishing Hydrated Lime. B. American Water Works Association (A WW A): 1. C1 04 - Cement Mortar Lining for Ductile and Cast Iron Pipe and Fittings. 2. C111 - Rubber - Gaskets Joints for Ductile-Iron Pressure Pipe and Fittings. 3. C151 - Ductile - Iron Pipe Centrifugally Cast for Water. C. Minnesota Department of Transportation "Standard Specifications for Constmction," 2000 Edition (MnDOT Spec.): 1. 3760 - Insulation Board (Polystyrene). 1.04 PROJECT SITE CONDITIONS A. Sanitary sewer lines are shown on the Drawings in a general way. Contractor should anticipate minor variations in both horizontal and vertical directions in locating existing system. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02530-1 SANITARY SEWER 1.05 SUBMITTALS A. Submit the following consistent with Section 01310 - Project Management and Coordination. B. Manufacture's Certification of Compliance: 1. Certification of compliance for each diameter and class of pipe. 1.06 SEQUENCING Al'ID SCHEDULING A. Do not pursue work causing shut off of utility services (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut-off schedule. B. Verify vertical and horizontal location of sanitary sewers sufficiently in advance of installing new pipe to deternline the extent of conflict, if any. C. Successfully complete required inspections and testing before restoration of surface. PART 2 - PRODUCTS 2.0 1 MATERIALS A. Mortar Materials: 1. Cement: Type 1 Standard Portland Cement confornling to ASTM C150. 2. Lime: Normal finishing hydrated lime meeting the requirements of ASTM C206. 3. Mix Proportions: a. 1 part cement to 3 parts of suitable plaster sand for mortar used for plastering the exterior walls of block manholes, catch basins, adjusting rings, and lift holes. Use lime or mortar mix in the amount necessary to make a suitable mixture for plastering purposes, but not to exceed 15 percent by volume. b. 1 part POliland cement to 2 parts of sand to which lime or mortar mix may be added but not to exceed 15 percent by volume for mOIiar used for laying concrete block. 4. Reinforcing Steel: Comply with the requirements of ASTM A615, Grade 60. 000034-03149-0 ~: 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02530-2 SANITARY SEWER 2.02 PIPE MATERIAL A. Ductile Iron (DIP) Pipe and Fittings: 1. General Requirement: A WVV A C151. 2 . Joints: Mechanical or push-on conform to A WW A C 111. 3. Standard thickness cement mortar lining conforming to A WW A C 1 04. 4. Testing Requirements: a. All ductile iron pipe and fitting linings shall be checked for thickness using a magnetic film thickness gauge. The thickness testing shall be done using the method outlined in SSPC-P A-2 Film Thickness Rating. b. The interior lining of all pipe barrels and fittings shall be tested for pinholes with a nondestmctive 2,500 volt test. Any defects found shall be repaired prior to shipment. c. Each pipe joint and fitting shall be marked with the date of application of the lining system, along with its numerical sequence of application on that date, and records maintained by the applicator of his work. 5. Pipe Class: As shown on Drawings and/or Bid Form. 6. Marking: Each pipe shall be identified with the manufacturer, or trade name or trademark, and code, country where cast, nominal pipe size, year in which the pipe was produced, and "DI" or "Ductile." 2.03 INSULATION A. Confornl to the requirements of MnDOT Spec. 3760 for Polystyrene Insulation Board. P ART 3 - EXECUTION 3.01 PREPARATION A. Excavation and Preparation of Trench: Conform to Section 02320 - Trench Excavation and Backfill. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02530-3 SANITARY SEWER B. By-Pass Pumping: Contractor shall be responsible for all items required to maintain sewer flows during constmction ofthe new sanitary sewer line. All work and costs for this are considered incidental to the Project, unless otherwise specified. 3.02 INSTALLATION A. Connect to Existing Pipe: 1. Connect pipes using a F ernco ( eccentric) with stainless steel bands to secure. B. Pipe Installation: 1. Excavation and Preparation of Trench: Conform to Section 02320 - Trench Excavation and Backfill. 2. Lay and maintain pipe and appurtenances to the alignment, grade, and location shown on the Drawings and/or staked in the field. No deviation from the Drawing and/or staked alignment, grade, or location is allowed, unless approved by the Engineer. Deviation from grade in excess of 0.05 percent may be cause for removal and relaying pipe at the Contractor's expense. 3. General Pipe Installation Procedure: Use joint lubricant in accordance to manufacturer's instructions. Lubricate joint, center spigot in bell, push spigot home, bring pipe to proper line and grade, and secure pipe in place by properly bedding. 4. Lay pipe upgrade with spigot ends pointing in the direction of flow. 5. Plug all openings to the installed pipe with suitable stoppers to prevent water, dirt, and debris from entering the sewer. 6. Remove all foreign matter or dirt from interior of each pipe length as the work progresses. Keep the bell and spigot clean during and after installation. Take care to prevent dirt from entering the joint space. Remove any superfluous material from inside the pipe after pipe installation by means of an approved follower or scraper. 7. All joints must be watertight. Repair any leaks discovered. C. Installation of Insulation: 1. Insulation over pipe in locations as shown on the Drawings. 2. Insulation is to be placed wherever sanitary sewer line comes within 3 feet of any storm stmcture or line, or within 5 feet of the ground surface. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02530-4 SANITARY SEWER 3.03 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and stmctures immediately after completion or before suspension of operations at the end of working day with casting or suitable alternative device. C. Mark stmcture susceptible to being hit by constmction or vehicular traffic. 3.04 FIELD QUALITY CONTROL A. Scope: 1. Provide all labor, materials, and equipment to perfornl tests. 2. Engineer to observe and verify all tests and to visually inspect the final work for compliance. B. Cleanup: 1. Clean pipe and all stmctures: a. . If newly installed mains and stmctures are kept clean during constmction, cleaning will not be required. b. If newly installed mains and/or stmctures become dirty due to negligence of the Contractor, cleaning will be perfornled at the sole expense of the Contractor. 2. The bailing or flushing method of cleaning pipe is acceptable only if adequate provisions, acceptable to the Engineer, for keeping dirt and debris out of the existing sewer system or ponds are employed. Jetting may be required. 3. Complete prior to final inspection for acceptance. C. Tests and Inspections: 1. Commence test procedures only when pipe and stmctures are clean and free of dirt, water, or other foreign matter, and for buried pipe, trench has been backfilled. 2. Lamping: Engineer will verify installation for tme line and grade, joints are home, no broken or deflective pipes exist, the installed pipe is stmcturally sound, and that the stmctures conform to the specified requirements. 000034-03149-0 ':9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02530-5 SANITARY SEWER 3.0S MEASUREMENT Al'ID PAYMENT A. A Bid Item has been provided for Sanitary Sewer Pipe. Measurement will be based upon units of lineal feet for each size and type for furnishing and installing pipe complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from connection point to connection point to the existing pIpe. B. A Bid Item has been provided for Connect to Existing Sanitary Sewer (Service). Measurement shall be on the basis of each and shall be considered to include all excavation, labor, materials, and equipment necessary to make the required connection. C. A Bid Item has been provided for Insulation. Measurement will be based on square yards of Insulation at the specified thickness. Payment will include furnishing and installation of the Insulation. D. A Bid Item has been provided for Reconnect Sanitary Sewer Service. Measurement will be per each connection made. Payment will be considered compensation in full for all materials, labor, and other work required to make the connection between the service and the main in accordance with specification and the Drawings. E. A Bid Item has been provided for Bulkhead Existing Sanitary Sewer. Measurement will be per each bulkhead constmcted. Payment will be considered compensation in full for material, labor, and all other work required to constmct a water tight bulkhead using mortar and brick. F. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-03 I 49-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02530-6 SANITARY SEWER SECTION 02630 STORM DRAINAGE PART 1 - GENERAL 1.01 SECTION INCLUDES A. Storm sewer pIpe, manholes, catch basins, fittings, and miscellaneous appurtenances. 1.02 RELATED SECTIONS A. Section 01570 - Temporary Erosion and Sediment Control. B. Section 02280 - Adjust Miscellaneous Stmctures. C. Section 02320 - Trench Excavation and Backfill. D. Section 02720 - Aggregate Base Course. E. Section 02770 - Concrete Curb and Gutter. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A48 - Specification for Gray Iron Castings. 2. C76 - Specification for Reinforced Concrete Culvert, Drain, and Sewer Pipe. 3. C139 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 4. C150 - Specification for Portland Cement. 5. C206 - Specification for Finishing Hydrated Lime. 6. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 7. C443 - Specification for Joints for Circular Concrete Sewer and Pipe, Using Rubber Gaskets. 8. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-1 STORM DRAINAGE 9. Dl784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 10. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. 11. F 4 77 - Specification for Elastomeric Seals ( Gaskets) for Joining Plastic Pipe. B. Minnesota Department of Transportation "Standard Specifications for Constmction," 2000 Edition (MnDOT Spec.): 1. 2511 - Rip Rap. 2. 3601 - Rip Rap Materials. 3. 3733 - Geotextiles. 1.04 SEQUENCING AND SCHEDULING A. Do not pursue work-causing shut off of utility service (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut-off schedule. B. Successfully complete required inspections and tests before commencement of Aggregate Base Course - Section 02720 and Concrete Curb and Gutter - Section 02770. 1.05 SUBMITTALS A. Confornl to Section 01310 - Proj ect Management and Coordination. B. Shop Drawings: 1. All stornl sewer stmctures. C. Manufacturer's Certificate of Compliance for: 1. Gray iron castings. 2. Precast manhole sections. 3. Rip rap. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-2 STORM DRA.lNAGE P ART 2 - PRODUCTS 2.01 MATERIALS A. Mortar Materials: 1. Cement: Use Type 1 Standard Portland Cement conforming to ASTM C150. 2. Lime: Use normal finishing hydrated lime meeting the requirements of ASTM C206. 3. Mix Proportions: a. 1 part cement to 3 parts of suitable plaster sand for mortar used for plastering the exterior walls of block manholes and catch basins, adjusting rings, and lift holes. Use lime or mortar mix in the amount necessary to make a suitable mixture for plastering purposes, but not to exceed 15 percent by volume. b. 1 part Portland cement to 2 parts of sand to which lime or mortar mix may be added, but not to exceed 15 percent by volume for mortar used for laying concrete block. 2.02 STOR1\1 MANHOLE AND CATCH BASIN FRA1\1ES Al'ID COVERS A. General: 1. Requirement: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Type and Style: As shown on Drawing. Covers without grate openings shall be stamped "STOR1\1 SEvVER." 4. Covers with 2 concealed pick holes of approved design. 5. Weight: Minimum of380 Ibs. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-3 STORM DRi\'[NAGE 2.03 STOR1\1 MANHOLES AND CATCH BASINS A. General: 1. Requirements: ASTM C478, details on the Drawings. 2. Diameter and special requirements are shown on the Drawings. 3. Stmctures shall be of precast concrete. 4. Manhole Joints: Rubber o-ring gasket type meeting ASTM C443. 5. Segnlental Manhole Blocks: Blocks conform to ASTM C139. 6. Stmcture bases shall be pre-cast. 7. Manhole Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. 2.04 PIPE MATERIALS A. Reinforced Concrete (RCP) Pipe and Fittings: 1. General Requirement: ASTM C76, Wall B with circular reinforcing. 2. Materials: Confornl to the requirements of ASTM C76, Wall B with circular reinforcing. O-ring gaskets shall be synthetic mbber, circular reinforcing in cross-section, and shall confornl to ASTM C361. 3. Pipe Joints: Bell and spigot ASTM C361. 4. Pipe Class: As shown on the Drawings. 5. Marking: Each pipe shall be identified with the name of the manufacturer trade name or trademark and code, identification of plant, date of manufachlre, and the pipe class and specification design. 000034-03149-0 ~ 2005 BonestToo, Rosene, Anderlik & Associates, Inc. 02630-4 STORM DRAINAGE B. Polyvinyl Chloride (PVC) Pipe and Fittings: 1. General: Pipe and fittings conform to ASTM D3034. 2. Materials: PVC plastics having a minimum Cell Classification of 12454B, 12454C, or 13364B as defined in ASTM D1784. Pipe materials shall have a minimum hydrostatic design stress of 2,000 psi as certified by the Plastic Pipe Institute. Additives and fillers, including but not limited to stabilizers, antioxidants, lubricants, colorants, etc., shall not exceed 20 parts by weight per 100 ofPVC resin in the compound. 3. Design: Integral wall bell and spigot joint, and a minimum wall thickness confornling to SDR 35 and/or SDR 26. 4. Joints: Conform to ASTM D3212. Push-on type only with the bell-end grooved to receive a gasket. Elastomeric Seal (Gasket): A basic polymer of synthetic mbber conforming to ASTM F477. Natural mbber gaskets will not be accepted. 5. Marking: Each pipe shall be identified with the name of the manufacturer, or trademark and code, nominal pipe size in inches, the PVC cell classification, and "Specification D3034." 2.05 RIP RAP A. General Requirement: Conform to MnDOT Spec. 2511: 1. Riprap Materials: Conform to MnDOT Spec. 3601. 2. Granular Filter: Confonn to MnDOT Spec. 3601. 3. Geotextile Filter: Confonn to MnDOT Spec. 3733. 4. Grout: Confornl to MnDOT Spec. 2461. PART 3 - EXECUTION 3.01 PREPARATION A. Trench Excavation and Backfill shall confornl to Section 02320 - Trench Excavation and Backfill. B. By-Pass Pumping: Contractor responsible for all items required to maintain sewer flows during constmction of the new storm sewer. All work and costs for by-pass pumping is considered incidental to the Project, unless otherwise specified. 000034-03149-0 \"9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-5 STORM DRA.INAGE 3.02 INSTALLATION A. Connect to Existing Stmcture: 1. Connect to existing stmcture at location shown on the Drawings. 2. Core the hole in the stmcture and saw cut the pipe flush with the inside wall of the stmcture. 3. Bulkhead void between outside wall of pipe and edge of opening with mortar and brick. 4. Reconstmct manhole bench/invert. B. Pipe Installation: 1. Lay and maintain pipe appurtenances to the alignment, grade, and location shown on the Drawings and/or staked in the field. No deviation from the Drawing and/or staked alignnlent, grade, or location is allowed, unless approved by Engineer. Deviation from grade in excess of 0.05 percent may be cause for removal and relaying pipe at the Contractor's expense. 2. General Pipe Installation Procedures: a. Wipe joints clean; apply the manufacturer's recommended lubricant compound over the entire joint surface; center spigot in bell and push spigot home; take care to prevent dirt from entering the joint space; bring pipe to proper line and grade, and secure pipe in place by properly bedding. 3. Lay pipe upgrade with spigot ends pointing in the direction of flow. 4. All joints must be watertight. 5. Remove all foreign matter or dirt from inside the pipe. Keep the bell and spigot clean during and after installation. Take care to prevent dirt from entering the joint space. Remove any superfluous material from inside the pipe after pipe installation by means of an approved follower or scraper. 6. Where cut-ins make it impossible to constmct bell and spigot joints or when dissimilar pipe materials are joined, a reinforced concrete collar shall be placed completely surrounding the joint or the connection shall be made by using an approved adapter. 7. Any pipe which has been disturbed after being laid must be taken up, the joint cleaned and properly relaid as directed by the Engineer. 000034-03 I 49-0 @ 2005 Bonestroo, Rosene, AnderIik & Associates, Inc. 02630-6 STORM DRAINAGE 8. Where a sewer line outlets to grade or where the line is terminated with a flared end section: a. Fasten at least the last 3 joints together using 2 "U" bolt fasteners per joint approved and as recommended by the pipe manufacturers. C. Stmctures and Appurtenances Installation: 1. Furnish and install stmctures in accordance with the Drawings. 2. Excavate to depth and size as shown in the Drawings. 3. Pour inveIis shaped to the half section of equivalent size pipe conforming to the inlet and outlet pipe so as to allow for a free, unintemlpted flow with all surfaces sloping to the flow line. 4. Preformed inverts not allowed where pipe grades are 2 percent or greater, unless design grade is built through the manhole. 5. All concrete pipes entering manholes must be cut with a concrete saw. 6. Steps: a. Locate on the downstream side, except for pipe 24 inches in diameter or greater. Then place where most appropriate to provide the most suitable access. b. Secure and neatly mortar in place 15 inches on center spacing. 7. Position vertical wall of the eccentric cone on the downstream side. 8. On stmctures with a build that contains more than 1 barrel section, the section immediately below the precast top slab shall be maximum 16 inch height. 9. Lift holes neatly mortared up. 10. Install Adjustment Rings and Adjust Casting: Confornling to Section 02280 - Adjust Miscellaneous Stmctures. D. Constmct Manhole Over Existing Pipe: 1. Constmct manhole over existing pipe at locations shown on the Drawings. 2. Saw cut existing pipe to fit flush with inside wall of new stmcture. 3. Seal any openings in manhole. 000034-03149-0 ,~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-7 STORM DRAINAGE E. Riprap: 1. General: Confornl to MnDOT Spec. 2511. 3.03 FIELD QUALITY CONTROL A. Scope: 1. All pipeline testing is considered incidental to the Bid cost of the pipe. 2. Engineer to observe and verify that all tests and visual inspections have been completed prior to final acceptance. B. Cleaning: 1. Consists of Cleaning the Pipe and Stmctures: a. If newly installed mains and stmctures are kept clean during constmction, cleaning will not be required. b. If newly installed mains and/or stmctures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 2. The bailing or flushing method of cleaning pipe is acceptable only if adequate provisions acceptable to the Engineer for keeping dirt and debris out of the existing sewer system or ponds are employed. Jetting may be required. 3. Complete prior to final inspection for acceptance. C. Required Tests and Inspections: 1. Infiltration: a. To determine the amount of ground water infiltration into the sewers. b. Test waived if no visible infiltration IS observed during the lamping inspection. c. Measurement made by means of 90 degree v-notch weirs placed in the lines as directed by the Engineer. 000034-03149-0 .~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-8 STORM DRAINAGE d. Measurements taken at the points where in the Engineer's opinion the flow of water in the sewer is greater than the maximum allowable leakage. e. Maximum Allowable Rate of Leakage: Not more than 100 gallons per mile per inch diameter per day. f. Tests may be taken between individual manholes and the infiltration in any given line must not exceed the specified maximum allowable rate. g. Method of Measurement: Measurement of time for a predeternlined volume of flow to occur. 2. Lamping: a. Verify installation is to tme line and grade. b. Verify installed pipe is stmcturally sound. c. Verify there are no broken or deflective pipe. d. Verify that joints are all home. e. Verify stmctures confonn to specified requirements. 3. Mandrel Test: a. Perform on PVC main after installation has been completed. b. Minimum waiting period of 30 days after completion of installation prior to performing test. c. Contractor to furnish the mandrel and all labor, materials, and equipment necessary to perform the test. d. Engineer must be present during pulling of the mandrel. e. Deflection of inside diameter of pipe in excess of 5 percent shall be considered failure of the test. f. Contractor shall repair / replace any failing segment of main, such that it successfully passes the test. All costs for such work, including but not limited to excavation, new materials, and restoration of surface to existing condition, shall be the sole expense of the Contractor. 000034-03149-0 <:9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02630-9 STORM DRAINAGE g. Owner reserves right to measure deflection of PVC pipe at any time during the warranty period. 3.04 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and stmctures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Mark all stmctures to avoid being hit by constmction or vehicular traffic. D. Establish erosion control measures as per Section 01570 - Temporary Erosion and Sediment Control. 3.0S MEASUREMENT AND PAYMENT A. Bid Items have been provided for Storm Sewer Pipe. Measurement will be based upon units of lineal feet for each size, type, and class of pipe furnished and installed complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from centerline of stmcture to centerline of stmcture: 1. Pipe bedding will be paid in accordance with Section 02320 - Trench Excavation and Backfill. 2. Improved pipe foundation material, if necessary, shall be per Section 02320 - Trench Excavation and Backfill. B. Bid Items have been provided for Catch Basin, Catch' Basin Manhole, and Manhole Stmcture. Measurement will be based upon units of each, according to type and size, to a depth of 8 feet, for furnishing and installing structures complete, including casting frame and cover, and adjusting rings in place as specified. C. Bid Items have been provided for Flared Ends. Measurement will be based upon units of each size installed at locations indicated in the Drawings complete in place as specified, excavation, backfilling, and compaction: 1. Where a sewer line is terminated with a flared end section, tying the last 3 joints as specified is considered incidental to the installation of the pipe. D. A Bid Item has been provided for Rip Rap. Measurement will be based upon units of cubic yards of Rip Rap placed according to class. Payment shall include placement of geotextile fabric. 000034-03149-0 ~ 2005 Bonestroo, Rosene, A.nderlik & Associates, Inc. 02630-10 STORM DR,\INAGE E. A Bid Item has been provided for Connect to Existing Stmcture. Measurement shall be per each connection made, regardless of size of opening, type of existing bulkhead, or type of existing stmcture. Saw cutting of the pipe installed in the opening if necessary shall be considered incidental. Core cutting the connection and reconstmction of existing stmcture invert if necessary shall also be considered incidental to the connection. F. A Bid Item has been provided for RC LR Bend. Measurement will be per each, according to size and class. Payment will include all costs related to furnishing and installing the bend, including excavation, backfilling, and compaction. G. A Bid Item has been provided for Constmct Manhole Over Existing Pipe. Measurement will be based on the diameter of each manhole constructed over the existing pipe. Payrnent will include the cost of the manhole and installation over the existing line, casting frame and cover, and adjusting rings in place as specified. H. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-03149-0 (9 2005 Bonestroo, Rosene, .i\nderlik & Associates, Inc. 02630-11 STORM DRAINAGE SECTION 02720 AGGREGATE BASE COURSE PART 1 - GENERAL 1.01 SECTION INCLUDES A. Requirements for aggregate base course on a prepared subgrade. 1.02 RELATED SECTIONS A. Section 02318 - Sub grade Preparation. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Constmction," 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. 1.0S SEQUENCING Al'ID SCHEDULING A. Constmct aggregate base only after all of the following have been completed: 1. Subgrade has been cOlTected for instability problems and successfully passed a test rolling test perfOlmed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline) . P ART 2 - PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. 000034-03149-0 ~ 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, determine the moisture/density relationships and gradation, and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ::t: 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free ofmts 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. 000034-03149-0 ~ 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 000034-03149-0 ~ 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. Bituminous tack coat. 1.02 RELATED SECTIONS A. Section 02280 - Adjust Miscellaneous Stmctures. B. Section 02720 - Aggregate Base Course. C. Section 02770 - Concrete Curb and Gutter. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Constmction," 2000 Edition (MnDOT Spec.): 1. Attached version of Specification 2360 Plant Mixed Asphalt Pavement (Combined 2360/2350 (Gyratory/Marshall 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 2360.4F, 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. 2360.4F. 000034-03 I 49-0 (9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-1 PLANT MIXED ASPHALT PAVEMENT 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. Adjust stmctures prior to placement of bituminous wearing course as specified in Section 02280 - Adjust Miscellaneous Stmctures. D. Bituminous cores for testing shall be taken 12 to 48 hours after paving operations. PART 2 -PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform 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) (2360.2A2j) will not be allowed in either bituminous wear or non-wear course pavements. C. Bituminous Tack Coat: 1. Bituminous Material: Conform to MnDOT Spec. 3151: a. Emulsified Asphalt, Cationic, CSS-1 or CSS-2. D. Asphalt Binder Material: Conform to MnDOT Spec. 2360.2G and as identified in the Mix Designation. E. Mixture Design: Conform to MnDOT Spec. 2360.3. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-2 PLANT ML'<:ED ASPHALT PAVEMENT 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 2360.4-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 vvill be completed at the discretion of the Engineer, testing rates will not exceed Table 2360.4-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 - CONFOR1\1 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 stmctures as specified In Section 02280 - Adjustment Miscellaneous Stmctures. D. Joints: 1. Where new constmction meets existing bituminous surfacing, the existing surface shall be unifonnly milled or saw-cut straight, and bituminous tack coat applied prior to placement of each bituminous course (lift). 000034-03149-0 ':9 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. Confonn 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. RestIictions: 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 for claims of tack coat on personal property due lack of notification or signage in the work area. C. Equipment: 1. Confornl to MnDOT Spec. 2321.3C1. D. Road Surface Preparation: 1. ConfOlm to MnDOT Spec. 2357.3C. E. Application: 1. At a uniform rate conforming to MnDOT Spec. 2357.3D1, but not greater than 0.05 gallon per square yard. 000034-03149-0 (Q 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-4 PLANT MIXED ASPHALT PAVEMENT 2. Along the front edge of the concrete curb and gutter, 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 confoml 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 '"I .) 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: Percent of Max Specific Gravity (~) 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 lJ) 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 90.4 91.0 to 91.4 91 89.5 to 89.9 90.5 to 90.9 85 89.0 to 89.4 90.0 to 90.4 70 Less than 89.0 (4) Less than 90.0 (4) Table 2360.6-B4 Payment Schedule for Maximum Density 000034-03149-0 (l; 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02740-5 PLANT MD(ED ASPHALT PAVEMENT B. Vibrating steel dmm roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.7, except as modified herein: 1. Delete Section 2360.7C Pavement Smoothness. B. Structure Adjustment - Conform to Section 02280 - Adjust Miscellaneous Structures for tolerances. 3.07 MEASUREMENT Al'ID 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. 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 (Gyratory/Marshall 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. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 027 40-6 PLANT MG'<:ED ASPHALT PAVEMENT D. Preparation of Bituminous Base: Measurement and Payment shall be made as stated in the Bid Form and shall include the following: 1. Final clean up of the bituminous base course with a power pickup broom. 2. Final adjustment of the stmctures to conform to Section 02280 - Adjust Miscellaneous Stmctures. 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 000034-03149-0 <9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 027 40-7 PLANT ML'XED ASPHALT PAVEMENT (2360) PLANT MIXED ASPHALT P A VEIVIENT Combined 2360/2350 (GyratoryJl\Iarshall Design) Specification December 1, 2004 This Specification requires the Contractor to provide a mix that complies with all of the design, production, and placement requirements of the specification. The Department Owner does not make any guaranty or warranty, either express or implied, that compliance with one part of this specification guarantees that the Contractor will meet the other aspects of the specification. 2360.1 All Sections titled 2360 also apply to 2350. DESCRIPTION This work consists of the construction of one or more pavement courses of hot plant mixed asphalt-aggregate mixture on the approved prepared foundation, base course or existing surface in accordance with the specifications and in confonnity with the lines, grades, thicknesses and typical cross sections shown on the plans or established by the Engineer. !\!lixture design will be either 2360 or 2350 (gyntory or Marshall) as described in the Special Proyisions Drawings through the mixture designation. A (4) Mixture Designa tions Mixture designations for asphalt mixtures contain the following information: (1) The first two letters indicate the mixture design type: SP = Gyntory J:vlixture Design LV = Marshall Mixture Design - Low Volume, SO blow MV = Marshall Mixture Design Medium Volume, 50 blow SM = Gyntory Mixture Design for Stone i\Iatrix Asphalt (SMA) (2) The third and fourth letters indicate the course: WE = Wearing and Shoulder Wearing Course NW = Non-Wearing Course (3 ) The fifth letter or number indicates the maximum aggregate size*: A or 4 = 12.5mm [112 inch], SP 9.S B or 3 = 19.0nun [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 proyision for SMA design * Letter is used in gyntory designation: number is used in Marshall designation For GYratorv Desian: .... '" b 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 show11 below in Table 2360.1-A. 2360/2350 Combined Specitlcation December 1,2004 Traffic Level 20 Year Design ESAL' s (1 x 106 ESAL' s) 21 < 1 ...,2 1 to < 3 .) 4 3 to < 10 5 10 to < 30 6 SMA Table 2360.1-A Traffic Levels I -- (AADT ~ 2300) 2 -- (2300< A..i\DT <6000) For Marshall Design: The sixth and seventh digit indicate the ~i1arshall design blows: 50 blow design for both LV and MV mixtures (5) The last two digits indicate the air void requirement: 40 = 4.0% for SP and Sl'v1 Wear mixtures 35 = 3.5~-o for MV Wear and Non-\Vear 30 = 3.0% for LV Wear 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: GyTatory Mixture Designation -- SPWEB540E (Design Type, Lift, Agg Size, Traffic Level, Voids, Binder) Ex: Marshall Mixture Designation - L VWE35030B (Mix Type, Lift, Agg Size, Marshall blows, Voids, Binder) Ex: SMA Mixture Designation -- SMWEE640H (Design Type, Lift, Agg Size, Traffic Level, Voids, Binder) B Minimum Lift thickness Minimum paving lift thickness \vill be based on maximum aggregate size: Aggregate Size A, 4*; B, 3*: Aggregate Size 5*: Aggregate Size C, 2* (for non-wear only): * Marshall designation Minimum Lift thickness = 40 mm [1 1', inch] Minimum Lift thickness = 20 mm [3/4 inch] Minimum Lift thickness = 65 mm [2 1', inch] 2360.2 MA TERIALS A Aggrega te Al General The aggregate shall consist of sound, durable particles of gravel and sand, crushed stone and sand, or combinations thereof. It shall be free of objectionable matter such as metal, glass, wood, plastic, brick, rubber, and any other material having similar characteristics. Coarse aggregate shall be free from coatings of clay and silt to the satisfaction of the Engineer. Page 2 of 48 2360/2350 Combined Specification December 1, 2004 The Contractor shall not compensate for the lack of fines by adding soil materials such as clay, loam, or silt. Overburden shall not be blended into the asphalt aggregate. Each different material (source, class, kind, or size) shall be fed at a uniform rate from its storage unit. An individual source, class, type, or size of material shall not be stockpile blended with another source, cla;s, type or size of material. A2 Classification The aggregate shall conform to one of the following classifications. The class of aggregate to be used shall be the Contractor's option unless otherwise specified in the Contract. A2a Class A Class A aggregate shall consist of crushed igneous bedrock (specifically; basalt, gabbro, granite, rhyolite, diorite and andosite) and rock from the Sioux Quartzite Formation. Other igneous or metamorphic rock may be used with specific approval of the Engineer. Class A materials may contain no more than 4.0% non-Class A aggregate. This recognizes the fact that some quarries may' contain small pockets of non-Class A material within that source. Intentional blending or addition of non-Class A material is strictly prohibited' A2b Class B Class B aggregate shall consist of crushed rock from all other bedrock sources such as carbonate and metamorphic rocks. (gneiss or schist) A2c Class C Class C aggregate shall consist of natural or partly em shed natural gravel obtained from a natural gravel deposit. A2d Class D Class D aggregate shall consist of 100 percent crushed natural gravel. The cmshed gravel shall be produced from material retained on a square mesh sieve having an opening at least twice as large as the Specification pernuts for the maximum size of the aggregate in the composite asphalt mixture. The amount of can)!over (material finer than) the selected screen shall not exceed ten percent. A2e Class E Class E aggregate shall consist of a nuxture 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. Stock-piles will be accepted for use if the total expansion, deternuned by ASTlvl D4792, is less than 0.50S.o. A2g Taconite Tailings (TT) Taconite tailings shall be obtained from ore that is mined \vesterly of a north-south line located east of Biwabik, Mn (R15\V-R 16W); except that taconite tailings from ore nuned 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 \vear and non-wear courses to a maximum of 5 percent of the total \veight of mixture. Only scrap asphalt shingles from manufacturing w'aste are suitable. The percentage of scrap shingles used will be considered part of the maximum allowable RA.P percentage. Refer to Section 2360.2 G 1 to select a virgin asphalt binder grade (use requirements for> 20% R.A.P, regardless of total R.A.P/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. Cmshed 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 unifoml.ly to limit variation in mixhlre 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-\vear 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 MnJDOT's Office of Environmental Services, Environmental Analysis Section, will be allowed for use in the mixture. Approved waste incinerator ash sources are on file with the Department Bituminous Engineer. A3 Recycled Asphaltic Pavement Materials (RAP) The combined R.A..P 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 IVIarshall design only). RAP containing any objectionable material, i.e., road tar, metal, glass, wood, plastic, brick, fabric, or any other objectionable material having similar characteristics will not be permitted for use in the asphalt pavement mixture. 1851 or 1852. Asphalt binder content in the RAP shall be determined according to lvIru'DOT Lab Manual Method B Manufactured Crushed Fines (-4 material) crushed fines. All Class A, B, D, and E material that passes the 4.75 mm [#4] screen will be considered as Manufactured Crushed Fines (-4 material) from Class C Aggregate. Produce manufactured cmshed 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 natmal 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 Rattler 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 mixhlre. C2 Soundness (Magnesium Sulfate) ............................................................................A..ASHTO T1 04 The magnesium sulfate soundness loss at 5 cycles on the coarse aggregate fraction (material retained on the 4.75 nml [#4]) shall not exceed the following for any individual source used within the mix: * a) No more than 14 % loss on the 19 mm [3/4 inch] to 12.5 mm [1/2 inch] and larger fractions. b) No more than 18% loss on the 12.5 mm [1/2 inch] to 9.5 nun [3/8 inch] fraction. c) No more than 23% loss on the 9.5 mm [3/8 inch] to 4.75 mm [#4] fraction. d) No more than 18% for the composite loss. (Applies only if all three size fractions are tested). * 1) If the composite requirement is met but one or more individual components do not, the source may be accepted if no individual component is more than 110% of the requirement for that component. 2) If each individual component requirement is met but the composite does not, the source may be accepted if the composite is no greater than 110% of the requirement. An aggregate proportion which passes the 4.75 mm [#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 ...........................................................Mn/DOT Laboratory IVIanual Spall is defined as shale, iron oxide, unsound cherts, pyrite, 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 stockpile or cold feed exceed the values listed below, asphalt production shall cease and compliance shall be determined by dry batching. This procedure may be repeated at any time at the discretion of the Engineer. ivlaximum limits for Spall and lumps, expressed as percentages by mass, are listed in Table 2360.3-B2a. C4 Insoluble Residue Test....................................................................l\ln/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-ll (-0.075 mm [-#200] wash) and T-27. Page 5 of 48 2360/2350 Combined Specification December 1,2004 o passmg 0 o a 'was e gra atlOn 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] 100tJ) 85-100 12.5 [112 inch] 100tJ) 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-/0 15-65 15 -60 45-80 0.075 [#200] 2.0-7.0 2.0-7.0 2.0-7.0 2.0-7.0 Table 2360.2-E Aggregate Gradation Broad Bands (0;' f t t I h d d') *Marshall Designation With the approval of the Engineer, the gradation broadband for the maximum aggregate size may be reduced to 97~.o passing for mixtures containing RAP, when the oversize material is suspected to come from the R..:\P source. The virgin material must remain 1 OO~'O 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 will be as Extra Work, at the unit price specified in the proposal. The DepJrtment Ovmer vvill not compensate the Contractor for additives incorporated at the Contractor's option. Additives will not be incorporated into the mixture vvithout 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 vvill approve or disapprove methods for Jddition of additives. F1 lVlineral Filler .. .................. .... ................ ............................... ....................................... ..............3145 F2 Hydra ted Li me .................. .................... .................................. ..................... ........... .................. 3145 Hydrated lime used in asphalt mixtures shall meet the requirements of ASTlvl C977 and have a maximum of eight percent unhydrated oxides (as received basis). The method of introducing and mixing the hydrated lime and aggregate shall be subject to approval by the Engineer prior to beginning mixture production. F3 Liquid Anti-Stripping Additive When a liquid anti-strip additive is added to the asphalt binder, blending shall be completed before the asphalt binder is mixed with the aggregate. Liquid anti-strip additives that alter the asphalt binder, sLlch that it fails to meet the Performance Grade (PG) requirements, shall not be used. Liquid anti-strip may be added by the supplier at the refinery or by the Contractor at the plant site. The company/supplier adding the additive shall be responsible for testing the binder/additive blend to ensure compliance with the AASHTO M 320, Standard Specification for Performance Graded Asphalt Binder. No paving will be allowed until the asphalt binder/additive blend has been tested and results show that binder/additive blend properties meet the criteria in Section 2360.2G. The testing shall be done in accordance with a MnlDOT approved Asphalt Binder QC Plan. Requirements for the Asphalt Binder QC Plan are on file in the Bituminous Office. Page 6 of 48 2360/2350 Combined Specification December 1, 2004 The follO\ving requirements for HMA mixture and asphalt binder must also be met when liquid anti-strip is added at the HivIA plant site. 1 ) 2) 3) 4) 5) 6) 7) 8) 9) F4 G Mixture Requirements at Desi2n: 1) The Contractor must design the mixture \vith the same asphalt binder that will be supplied to the plant site. (Both Laboratory l\Iixture Design (Option 1) and Modified Mixture Design (Option 2). 2) The Contractor must provide documentation with either design option that includes Tensile Strength Ratio results with the liquid anti-strip dosed at the optimal rate. Documentation must include verification the binder/additive blend meets AASHTO M 320 at the optimal dose rate. Contractor Production Testin2 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 d):11amic shear rheometer (DSR). \Vhen 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 MniDOT 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 I/project). Test results shall be sent to the Engineer and MnlDOT Chemical Laboratory Director. 4) In addition to the sampling requirements listed above, the Contractor shall obtain asphalt binder/anti-strip blend field verification samples according to 2360.4 E 12. Liquid Anti-Strip Additive .Meterin2 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 of liters [gallons] to the nearest liter [gallon] or in units of metric tons [tons] to the nearest 0.001 metric tons [0.001 tons], the accumulated anti-strip quantity being delivered to the mixer unit. The system shall be calibrated and adjusted to maintain an accuracy of::':. one percent error. Calibration shall be required for each plant set-up prior to production of mixture. The Engineer may require, on a daily basis, the Contractor "stick" the anti-strip tank at the end of the days production to verify anti-strip usage quantities. The system shall provide for a convenient method for sampling the binder/anti-strip after blending has occurred. Alternative blending and metering systems must be pre-approved by the Engineer Coa ting and An ti-S tripping Additive ...................................................................................... 3161 Asphalt Binder l\laterial ......................................................................................AA.SHT0 IVI 320 Asphalt binder material shall meet the requirements of PG asphalt binder testing tolerances, sampling rates, testing procedures, and acceptance criteria based on the most current MnlDOT Technical Memorandum, titled "Inspection, Sampling, and Acceptance of Bituminous Materials." The PG asphalt binder cannot be modified with air blO\ving procedures unless the Department Bituminous Engineer approves it. The Contractor shall not use petroleum distillates such as fuel oil, diesel fuel or other fuels in the asphalt tanks. A statement shall be provided by the supplier for recommended laboratory mixing and compaction temperatures and field maximum mixing and compaction temperatures. Page 7 of 48 2360/2350 Combined Specification December I, 2004 Gl Asphalt Binder Selection Criteria for All .Mixtures with RAP Overlay Specified PG Asphalt Virgin Asphalt Binder Grade to be used with R~ Binder Grade < 20% R"-P > 20% R~P 64-22 64-2 ) 64-28 Other PG Grades No grade adjustment No grade adjustment New Construction (1) Specified PG Asphalt Virgin Asphalt Binder Grade to be used with R"-P Binder Grade < 20% R~P > 20% R~P 52-34 52-34 Not allowed * 58-28 58-78 58-28 58-34 58-34 Not aliowed * 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. "'In'DOT 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 options. located. The asphalt mix may be designed using one of the following two Contractor trial mix design Review of mixture designs will be performed in the District Materials Laboratory lab where the Project is The addition of aggregates and materials not included in the original mixture submittal is prohibited. It is the Contractor's responsibility to design a l\/Iarshall mixture in accordance \vith the most current AASHTO T-245, the Asphalt Institute's Mix Design Methods for Asphalt Concrete MS-2, and the Mn/DOT Laboratory Manual such that it meets the requirements of this specification. For Marshall design, the design air void content of the mixture is dependent on the mixture type, regardless of the location in the pavement structure. Design air void content for L Y and MY mixtures is 3.0% and 3.5%, respectively. It is the Contractor's responsibility to design a gyTatory mixture in accordance with the most current AASHTO T-3I2, the Asphalt Institute's Superpave Mix Design i\-Ianual SP-2 (2-hour short term aging period is used for volumetric), and the Mn/DOT Laboratory j'vlanual such that it meets the requirements of this specification. F or gyratory design, the design air void content of the mixture at design shall be 4.0~/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 carry 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 nun [4 inches] for mix design purposes (non-wear). Page 8 of 48 2360/2350 Combined Specification December 1,2004 eSlgn. Ir '01 eqUlrement or vratorv 1 Ixtures SP Wear SP Non-wear SP Shoulder** Location from :S; 100 mm [4 inch]* > 100 mm [4 inch]* All Wear and surface Non-Wear Air Voids 4.0% 3.0% 3.0% D' A' Y 'd R f G l\l" * Ifless than 25~/o 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 carry traffic. B Laboratory Mixture Design (Option 1) Test results and documentation as described in Section 2360.3C shall be submitted with the materials described below for consideration by the Department Bituminous Engineer or District Materials Engineer to verify compliance with these specifications and to issue a Mixture Design Report. B1 Aggregate sample At least 15 \vorking 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 \vriting a proposed Job Mix Formula (EvIF) for each combination of aggregates to the Department Bituminous Engineer or District Materials Engineer for review. A Level II Quality Management mix designer must sign the proposed JMF. For each JMF submitted, the Contractor shall include test data to demonstrate conformance to mixture properties as specified in Table's 2360.3-B2b and 2360.3-B2c. The proposed JIvIF shall be submitted on forms approved by the Department. In addition, the Contractor shall submit an uncompacted mixture sample plus briquettes compacted at the optimum asphalt content and required compactive effort confomung to the JMF for laboratory examination and evaluation. Mixture sample size and number of compacted briquettes are as follows: Table 2360.3-B2 Mixture Sam Ie Requirements Item Gyratory Design Marshall Design Un-compacted l'vIixture Sample Size 30 Kg [75 pounds] 18 Kg [40 pounds] Number of compacted briquettes 2 3 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 sho\\TI below'. Page 9 of 48 2360/2350 Combined Specification December 1, 2004 Table 2360.3-B2a 1 lxture Allgregate Requirements Traffic Traffic Traffic Traffic SMA Aggregate Blend Property Level 2& LV Level 3 & MV Level 4 Level 5 T. Level 6 20 year Design ESAL's < I million 1 - 3 million 3 - 10 10- 30 See SMA 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 / - 601 - 80/75 Fine Aggregate Angularity (FAA) (AASHTO T304, Method A) %- Wear 40(2) 42(1) 44 45 - %-Non-Wear 40(2) 40(1) 40 40 Flat and Elongated Particles, max(-) % 10 10 10 by weight, (ASTM D 4791) - (3:1 ratio) (3:1 ratio) (3:1 ratio) - Clay Conten{") (AASHTO T 176) - - 45 45 - Total Spall in fraction retained on the 5.0 2.5 1.0 1.0 4.75mm [#4] sieve - lvlaximum 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 r,,'laximum% -4.75nun [-#4] Final Lift! All other Lifts 100/100 100/1 00 80/80 50/80 - Maximum% +4.75nun [+#4] Final Lift! All other Lifts 100/1 00 100/1 00 50/1 00 0/1 00 - GVTatorv Max. allowable RAP percentage 30/40 30/30 30/30 30/30 Wear! Non 'Near Marshall Max. allowable R.A..P percentage 30/40 30/30 Wear/Non Wear 1\1' (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%. 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. (2) Not applicable under Marshall design. B2b Mixture Requirements Mixture evaluation will be based on the trial mix tests and the conesponding requirements listed in Table 2360.3-B2b and Table 2360.3-B2c. Page 10 of 48 2360/2350 Combined Speeitieation December 1, 2004 Table 2360.3-B2b Mixture ReqUirements Traffic Level Traffic Level Traffic Level T raffle Leve I SMA 2 ~ 4 5 1. Level 6 ;) 20 year Design ESAL' s < 1 million I - 3 million 3 - 10 million 10 30 See Siv[A million Provisions Gyratory Mixture Requirements GYTations for Ninttial 6 7 8 8 - Gyrations for Naesi,," 40 60 90 100 - GYTations for Nl11aximum 60 90 140 160 - Air Voids, % -- Wear 4.0 4.0 4.0 4.0 Air Voids, % -- Non-Wear & All 3.0 3.0 3.0 3.0 - Shoulder % Gml11 at Ninitial- Wear - ~ 91.5 :::; 90.5 :::; 90.0 % Gmrn at Ninitial- Non-Wear & - :::; 92.5 :::; 91.5 :::; 91.0 All Shoulder ~.~ Gmm at Nmaximul11- \Vear :::; 98.0 ~ 98.0 :::; 98.0 :::; 98.0 - %) Gmm at Nmaxtl11um- Non\Vear & :::; 99.0 :::; 99.0 :::; 99.0 :::; 99.0 - All Shoulder Tensile Strength Ratio i. " min%, 751,~) 75(';') 80'5) 80(j) - Fines/Effective Asphalt 0.6 - 1.2 0.6 - 1.2 0.6 - 1.2 0.6 - 1.2 - VFA, % -- Wear 65 - 78 65 - 78 65 - 76 65 - 76 Non- Wear & All Shoulder 70 - 83 70 - 83 70 - 82 70 - 82 Marshall Ivlixture Requirements LV MV Marshall Blows 50 50 - - - Air Voids, % 3.0 3.5 - - - Tensile Strength Ratio II), nun% 70!~) 70(~) Stability, minimum N [Ib f] 5000 [1125J 6000 [1350] Fines/Effective Asphalt Wear 0.6 - 1.30 0.6 - 1.30 Non-Wear 0.6-1.40 0.6-1.40 - - - (1) See Section 2360.4 E9. Use 150mm [6 inch] specimens for gYTatory and 100mm [4 inchJ specimens for ivlarshall design. (2) MIl/DOT Mil; = 65, (3) MnlDOT Min = 70, (4) MnlDOT Min = 60 B2c VlYIA Criteria The voids in mineral aggregate (VMA) of the mixture at design and during production shall meet the minimum criteria as shown in Table 2360.3-B2c at the specified compaction level. VMA shall be calculated according to the procedures outlined in Asphalt Institutes SP-2 or MS-2 manual. VMA is a design and acceptance/process control requirement. 01 sin l Inera A~gregate , . Ixture eqUlrements Gradation Fine Mixture VMA Coarse Mixture Vio,lA ~'o Pass ? .36 nun [#8J Minimum % Pass 2.36 rom [#8J Minimum A or 4* >47 15.0** :::; 47 14.5* B or 3* > 39 14.0 < 39 13.5 C or 2 * > 35 13.0 :::; 35 12.5 5* ----- 15.0** ----- ----- E See SMA Provisions V .ct \1' Table 2360.3-B2c (VMA) M' R *Marshall designation. **For LV 4 and LV 5 mixes low'er VMA requirements by 0.5So Page 11 of 48 2360i2350 Combined Specification December 1, 2004 B3 Tensile Strength Ratio sample lvlixture or briquettes that represent the mixture at optimum asphalt content, shall be submitted at least 7 days prior to actual production for verification of moisture sensitivity retained tensile strength ratio (TSR). Material submitted for TSR verification may be tested for maximum specific gravity Gmm compliance in addition to TSR results. Failure to meet the Gmm tolerance will result in rejection of the submitted mix design. A new mix design submittal will be required and will be subject to provisions described in Section 2360.3C. One of the following options may be used to verify that the tensile strength ratio (TSR) meets the requirements in Table 2360.3-B2b. Option A) The Contractor will batch material at the design proportions including optimum asphalt. Immediately (before curing) split the sample and allow samples to cool to room temperature. Submit 35 kg [77 pounds] of mixt1lfe to the District Materials Laboratory for curing and test verification. Both groups will use a two (2) hour cure time 15 minutes) at 1440C [2900F] and follow' procedures in ASTM D 4867-92, lvln/DOT modified as defined in the Mn/DOT Laboratory Manual. Option B) The Contractor batches, cures (as indicated in option A), compacts, and submits briquettes and uncompacted mixture as specified below. )phon I . lxture equirements Item Gvratorv Design Marshall Desi!!n Un-compacted Mixture Sample Size 8,200 g 8,200 g Number of compacted briquettes\ ) 6 9 Compacted briquette air void content 6.5 - 7.5% 6.0 - 8.0% (I) - Table 2360.3-B3 o . Bl\T R I)Omm [6 Inch] specimens for gyratory deSign 1 OOmm [4 inch] specimens for Marshall design B4 Aggregate Specific Gravity .....................................A.ASHTO T84 and T85, MnlDOT Modified The Contractor shall detemune the specific gravity of all aggregate used in the mixhtre. 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 I percent (except the 0.075 nm1 sieve [#200] in units 01'0.1 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 mixmres containing R..!\P. (6) The bulk (dry) and apparent specific gravities and water absorption (by % \veight of dry aggregate) of both coarse and fine aggregate, for each product used in the mixture (including R..A.P). Use AASHTO T-84 and T-85 Mn/DOT 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 ANTI -4] and Gsb (combined) = 0.020. (7) The composite gradation plotted on a FH\VA 0.45 power chart. (Federal form PR-1115) Page 12 of 48 2360/2350 Combined Specification December 1, 2004 (8) For mixtures containing R..A.P include extracted asphalt binder content of the R..A.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. (lO) When using laboratory mixhtre design Option 1 (2360.3B) or Option 2 (2360.3D), include the following: (a) A minimum of three different asphalt binder contents (minimum 0.4 percent between each point), \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 (F!A) ratio calculated to the nearest 0.1 percent. (g) TSR results at the optimum asphalt binder content. (h) Graphs showing air voids, voids in the mineral aggregate, Gmb, Gmm and unit weight vs. percent asphalt binder content for each of the three asphalt binder contents submitted with trial mix. (11) Optional Add-RockJAdd-Sand Provisions If the Contractor chooses to use the add-material option to augment the submitted JMF, the Contractor shall provide samples of the aggregate for quality analysis in accordance with Section 2360.3B 1. The Contractor shall provide mix design data for two additional design points per add-material. One point shall show a proportional adjustment to the submitted JMF that includes 5 percent, by mass, add-material at the JMF optimum asphalt percent. The second point shall show a proportional adjustment to the submitted JMF that includes 10 percent, by mass, add-material at the ThfF 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 flo\v 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 ofa percent. (e) Coarse and Fine Aggregate crushing counts Up to two add-materials will be allowed per mix design submittal. Aggregate quality and mix characteristics are required for each proposed add-material and shall be submitted at the time of the original trial mix submittal. No mixture sample or briquettes are required for these two additional points. Page 13 of 48 2360/2350 Combined Specification December 1, 2004 Additional Documentation For: Gyratory Design (G I) 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 gYTations NinitiaJ, Ndesign, 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 \vill conform to all specified physical requirements as follows: Design air Voids (Va), VivlA, VFA, TSR, F/Ae (Fines to effective asphalt ratio), Densification %Gmm at NinitiaJ, Ndcsib'T" and NMaximum' (G5) Labeled gYTatory densification tables and curves, generated from the gyratory compactor, for all points used in the mixture submittal. I\IarshalJ Design (M1) The test results from the composite aggregate blend at the proposed J?vlF proportions indicating compliance with tIne aggregate angularity uncompacted voids 'as sho\\11 in Tab!. 2360.3-B2a. Or calculated -4.75 m.m [-#4] crushing from the composite blend of the proposed JTvlF. 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. RAP sand will be considered 50% crushed if the angularity index equals or exceeds 40, and 100% crushed if the angularity index equals or exceeds 45. D Modified Mixture Design (Option 2) Test results and documentation as described in Section 2360.3C shall be submitted to the Department Bituminous Engineer or the District Materials Engineer to verify compliance with mix design requirements and issue a iv1ix Design Report. Mixture submittal is not required. The Contractor may use this option if.!!.!.! 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 vVork 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 \\Titing a proposed Job Mix Formula (JJ\'fF) for each combination of aggregates to the Department Bituminous Engineer or District Materials Engineer for review. A Level II Quality Management mix designer must sign this proposed JMF. For each JMF submitted, the Contractor shall include documentation as outlined in Section 2360.3C to demonstrate conformance to mixture properties as specified in Table 2360.3-B2b and 2360.3-B2c. The proposed EvfF 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 :.lnIDOT the Ovmer's projects shall meet the specified quality indicators and required field density. Failure to do so will result in reduced payrnent or removal and replacement with acceptable material. The DepQ~tment Owner shall take a mix verification sample within the iirst four samples at the stan of production of each mix type. D3 Tensile Strength Ratio sample See Section 2360AE9 D4 Marshall 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 DCPQrtment Owner evaluation of Marshall stability. This sample may be tested at the discretion of the District :.b.tcriQ1s En;inccr Engineer. The Contractor is not required to test stability on production mixture. If the ivIarshall 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, \vith 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 ~vIix Design Report will be revoked. The Contractor will then be required to submit a new mix design according to Laboratory Mixture Design 2360.3B, Option 1. A new' Mix Design Repon will be issued upon successful verification of the new mixture design submittal. E Mixture Design Report A Mixture Design Report consists of the J1vlF (Job Mix FOffi1ula). The J1vlF 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 shovm for gradation control sieves, percent asphalt binder content, air voids, and VMA. Issuance of a Mixture Design Report confirms the mixture has been reviewed for and meets volumetric propenies only. No guaranty or warranty, either express or implied, is made regarding placement and compaction of the mixture A Department reviewed Mixture Design Report is required for all paving except for small quantities of material provided under Section 2360.5H. All submitted materials must meet aggregate and mixture design requirements before a Mixture Design Report is issued. The Department will review two trial mix designs per mix type designated in the plan, per Contract at no cost to the Contractor. Additional mix designs will be verified at a cost of $2000 per design, payable to the Commissioner of Transportation. Page 15 of 48 2360/2350 Combined Specification December 1, 2004 For city, county, and other agency projects, the Contractor shall provide to the District Materials Laboratory a complete Project proposal including addenda, supplemental agreements, change orders, and any Plan sheets (including typical sections) that affect the mix design. The Department will not start the verification process without this information. 2360.4 l\UXTURE QUALITY MAi'\'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 MnlDOT 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 \vith 2360 requirements and the Schedule of Materials Control. The Contractor shall assure the plant certification procedure is performed armually after winter suspension and before producing material for a Project. In addition, a first-day sampling and testing frequency rate as stated in Table 2360.4-D shall be followed. The Contractor shall recertify a plant when it is moved to a new 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 Certitication 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 DepQrtment Owner will perform QA testing as part of the acceptance process. The Engineer is responsible for QA testing, records, and acceptance. The Engineer will accomplish the QA process by: (1) (2) (3) (4) (5) (6) (7) Conducting Quality assurance and verification sampling and testing. Observing sampling and tests perfom1ed by the QC personnel. Taking additional samples at any time and any location during production. Monitoring the required QC summary sheets and control charts. Verifying calibration of laboratory testing equipment. Communicating :.InDOT 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 CI Personnel Requirements Along with the proposed mix design data, the Contractor shall submit to the Engineer an organizational chart listing the names and phone numbers of individuals and alternates responsible for mix design, process control administration, and inspection. The Contractor shall also post a current organizational chart and if required by the Engineer, post a daily roster of individuals perfomLing QC testing in the Contractor's test facility. The Contractor's quality control organization or private testing firm shall have Certified Technicians who have met the requirements on file with the Department's Technical Certification program. Individuals performing process control testing must be certified as a Level I Bituminous Quality Management (QM) Tester. Individuals performing mix design calculations or mix design adjustments must be certified as Level II Bituminous QM Mix Designer. The Contractor shall have a Certified Level II Bituminous QM 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 \vith the necessary equipment and supplies for performing Contractor quality control testing. The laboratory equipment shall meet the requirements listed in Section 400 of the MnfDOT Bituminous Manual and these specifications, including having extraction capabilities. The laboratory shall be calibrated, and operational prior to the beginning of production. In addition to the requirements listed above, the laboratory shall be equipped with a telephone for use by the Contractor or the Engineer. A fax machine and copy machine shall be available for use by the Contractor or the Engineer at the laboratory site. The laboratory shall also include a computer and printer. The computer shall have the following minimum requirements: 1) Intel based with either Celeron or Pentium IV processor with a minimum processor speed of 1.8 MHZ. 2) CD \vriter with CD/RW capability and a minimum write speed of 16x. 3) Windo\vs 2000 or Windows XP with Microsoft Excel version 97 or newer. The printer must be able to print control charts. The Engineer shall be allowed to inspect measuring and testing devices to confirm both calibration and condition. The Contractor shall calibrate and correlate all testing equipment in accordance with the latest version of the Mn/DOT BinlI11inous Ivlanual. 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 Mn/DOT Bituminous Manual Section 5-693.7 Table A or Section 5 of ASTlvl 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. Deternune the planned tonnage for each mixture to be produced during the production day. Divide the planned production by 1000. Round the number to the next higher whole number. This number will be the number of production tests required for that mixhtre. Required production tests are listed in Table 2360A-E. Split the planned production into even increments and select sample locations as described above. If actual tOlmage exceeds p1aru1ed tonnage additional tests may be required. During production, mixture volumetric property tests will not be required when nux production is less than 270 metric tons [300 tons]. Ho\vever, 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: ro lie IOn ar - !P es ll1g a es Production Test Testing Rates Test Reference Section Bulk Specific Gravity I test per 450 metric tons [500 tons] AASHTO T312,T166 Mn/DOT 2360AE2 modified Maximum Specific Gravity 1 test per 450 metric tons r 500 tons 1 AASHTO T209 Mn/DOT modified 2360AE3 Air Voids (calculated) I test oer 450 metric tons [500 tons] AASHTO T269, T312 2360AE4 Asphalt Content I test per 450 metric tons r500 tonsl Bit & Lab Manual 2360AE I VMA (Calculated) I test per 450 metric tons [500 tons] AI MS 2 & SP 2 2360AE5 Gradation I test per 900 metric tons rI 000 tons 1 AASHTO Tll, T27, T30MnlDOT modified 2360AE6 Coarse Aggregate Angularity I test per 900 metric tons r 1000 tons] ASTM 05821 2360AE7 Fine Aggregate Angularity I test per 900 metric tons [1000 tons] AASHTO T304, Method A 2360.4E8 (FAA)(I) Table 2360A-D P d r St t l" T r R t (1) Marshall design allows -4.75mm [-#4] manufactured crushed fines calculation per Mn/DOT 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 beginning of the ProjecI 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 2360.4-E Production Sampling and Testing Rates Production Te'st Sampling/Testing Rates Test Reference Section Bulk Specific Gravity Divide the planned production by 1000. Round the AASHTO n12, T245 TI66 number to the next higher whole number. ivlnIDOT mod 2360.4E2 I'vlaximum Specific " AASHTO T209 Mn/DOT 2360AE3 Gravitv modified Air Voids (calculated) " AASHTO T269, T312 2360AE4 Asphalt Content " Bit & Lab Manual 2360AEI VMA (Calculated) " AI TvlS 2 & SP 2 2360.4E5 Gradation 1 gradation per 1,800 metric tons [2,000 tons], or AASHTO TII, Tn, 2360AE6 portion thereof (minimum of one per day) T30lvlnIDOT modified Coarse Aggregate 2 tests/day for a minimum of 2 days, then 1 per day if ASTM D5821 Angularity CAA is met. If CA;\ >8% of requirement, 1 sample/day 2360AE7 but test I/week. Fine Aggregate 2 tests/day for a minimum of 2 days, then 1 per day if AASHTO T304, Method A Angularity (FAA/I) FAA is met. If FAA >5% of requirement, I sample/day 2360AE8 but test l/week. TSR I;: sample at 5,000 tons or by second day of production, ASTI'vl D4867 ivln/DOT 2360AE9 then samole at everv 18,000 metric tons [20,000 tonsl modified Aggregate Specific 1 per 9,000 metric tons [10,000 tons] AASHTO T84 & T85, 2360AEIO Gravity MnIDOT modified Mixture Moisture Daily unless exempted by Engineer Mn/DOT 5-693.950 2360AEll Content Asphalt Binder Sample 1st load (each grade) then 1 per 1,000,000 liter Mn/DOT 5-693.920 2360AE12 [250,000 galion-sampIe size 1 quart.l (1) Marshall design allows -4.75mm [-#4J manufactured crushed fines calculation per Mn/DOT Bituminous iv1anual (a) (b) (c) (d) Asphalt Binder Content Spot Check (Virgin only)...................................................................,lv1rvDOT Bituminous iv1anual Incinerator Oven (1) .......................,................................ 1v1n/DOT Laboratory Manual Method 1853 Chemical Extraction ........................................MruDOT Laboratory Manual Method 1851 or 1852 Meter Method (Virgin only) .................................................................tv1n!DOT Bituminous Manual El (I) 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 r-1aterials Engineer. E2 Marshall Bulk Specil1c Gravity', Gmb (3 specimens).....A.ASHTO T166, MnlDOT Modified, or E2a Gyratory Bulk Specific Gravity, Gmb (2 specimens) ................................A..ASHTO T312, T166, MnlDOT Modified E3 Maximum Specific Gravity, Gmm..........................................~-\.SHTO T209, lVInlDOT l\Iodified E4 Air Voids - Individual and Isolated (calculation).......................................~-\.SHTO T269, T312 Isolated air voids are calculated using the maximum mixhlre specific gravity and the corresponding bulk specific gravity from a single test. Individual air voids are calculated from the maximum specific gravity moving average and the bulk specific gravity from that single test. For gyntory design, compaction shall be conducted to Nnuximum and calculations for %Gmm at Ninitial and Ndesign shall be determined by applying the calculated correction factor as described in the Asphalt Institute SP 2 manual. Page 19 of 48 2360/2350 Combined Specification December 1, 2004 Production control for % Gnm1 at Nmilial and Nmaximum shall not exceed the limit sho\\11 in Table 2360.3-B2b by more than 1.0 %). Mixture produced beyond these limits, as measured by the moving average of four tests, may result in a cancellation of the IvIix Design Report. A new mix design and submittal that satisfies these specification criteria may be required. E5 Voids Mineral Aggregate (Vl\IA) (calculation) ............................. Asphalt Institute MS-2, SP-2 E6 Gradation - Blended Aggregate..........A.ASHTO T-11, T-27, and T-30 (all Mn/DOT modified) Testing to detemune the blended aggregate gradation shall be detemlined 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 mixhlre sample for a given increment. All gradations require a - 0.075 mm [-#200] wash. (b) Virgin Aggregate Mixtures - Drum or Screenless Plants Belt Samples or extracted production samples. All Other Mixtures: 1. Hot Bins.. Drybatch (Optional) 2. Incinerator Oven Mw'DOT Laboratory Manual Method 1853 (Optional) except samples that contain over 50% class B. (I) Extraction ivln!DOT Laboratory Manual Method 1851 or 1852 (Optional) , , ( a) (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 detenruned by the Contractor and approved by the District Materials Engineer. E7 Coarse Aggrega te Angulari ty ................................................................................... i\STl\I D5821 CA_A. test results shall meet the minimum percent fractured faces as show11 in Table 2360.3-B2a. ASTM D-5821 shall be used to detemline coarse aggregate angularity on the composite blend from aggregates used in production of hot mix asphalt. Mixtures that contain virgin aggregates may be tested from composite belt samples. Mixtures that contain R.A.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 nuxture blend for a nunimum of two days and then one per day if the test samples meet CAA requirements. (2) If CAA crushing test results exceed 8 percent of the requirement, take one sample per day and perfom1 one test per vieek. CAA results must be reported on the test summary sheet. Ivlixture placed and represented by results below the minimum requirement. as show11 in Table 2360.3-B2a, will be subject to reduced payment as outlined in Table 2360.4-L3. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. E8 Fine Aggregate Angularity......................................................................ASTM C1252 Method A FAA test results shall meet the minimum criteria show11 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) Perronn 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 perfonn one test per week. FAA results must be reported on the test summary sheet. Mixture placed and represented by results belo\v 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 payn1ent shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. E8a - 4.75 mm [-#4] Manufactured Crushed Fines ......................................... (calculation) Mn/DOT 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 Mn/DOT Modified A TSR sample shall be obtained within the first 4,500 metric tons [5,000 tons] ofHMA produced or by the second day of production, vvhichever comes first, to verify tensile strength ratio (TSR). These samples may be tested at the discretion of the District :",Iaterials Engineer Owner. If the :",bteri::J.ls En;;inecr Owner requires the samples to be tested, both the Contractor and the Dep::J.rtment 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 Dep::J.rt:nent Engineer and the Contractor. The Dep~lItment 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 Dep::J.rtment Owners Street Inspector or Plant .tv!onitor immediately or delivered to the District :",'faterial::; Engineer within 24 hours of sampling, as specified by the Engineer. Mixture samples shall be taken from behind the paver unless the Engineer approves an alternate sampling location. Specimen size shall be 100 mm [4 inch] for Marshall mix design and 150 mm [6 inch] for g}Tatory design The Contractor may test the sample at a permanent lab site or a field lab site. Additional Hiv!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 Di::;trict :".!Jterials En;;ineer Owner. If the :".laterial::; 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 shO\vn in Table 2360A-E9. The Contractor shall stop production immediately if minimum TSR requirements are not met. The Contractor will not be allowed to resume production until anti-strip has been added to the asphalt binder. Determination of who is responsible for the cost of the anti-strip is based on :".In!DOT Owner and Contractor TSR values as outlined in Tables 2360AE9A, 2360AE9B, and 2360AE9C. When :"'[r"!DOT 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 Owner will not reimburse the Contractor for any delay costs associated with making changes related to this testing. Table 2360A-E9 Mixture Tvpe- -lVlinimum TSR LV and MV GyTatory Traffic Level 2-3 Traffic Level 4-5 :".In!DOT :''.In!DOT :''.In'DOT Contractor Owner Contractor Owner Contractor Owner 70% 60% 75% 65% 80% 70% Page 21 of 48 2360/2350 Combined Specification December 1, 2004 Table 2360A-E9A LV and MV Contractor TSR Mixtures >70 <70 ~,InDOT ,:::60 NA ~G+ Ov.rner Owner TSR <60 Contractor Contractor Table 2360A-E9B Gyratory Level Contractor TSR 2-3 >75 <75 ~'InIDOT ,:::65 NA :-'lniDOT Owner Owner TSR <65 Contractor Contractor Table 2360A-E9C Gyratory Level 4-5 Contractor TSR >80 <80 :-'lnDOT ,:::70 NA ~,lnDOT Owner Ovmer TSR <70 Contractor Contractor Another sample shall be taken and tested within the first 450 metric tons [500 tons] after production resumes. If the re-test fails to meet the minimum specified value the Contractor shall stop production immediately. Production cannot resume until the Contractor has discussed, \vith the Engineer, a proposal for resolving the problem. The Contractor shall not operate below' the specified minimum TSR on a continuing basis. A continuing basis shall be defined as 2 or more successive tests failing the TSR requirements. The following conditions will automatically require a sample to be taken and tested: 1. A proportion change of more than 10 percent (from the currently produced mixture) for a single stockpile aggregate. 2. The discretion of the Engineer. Dispute resolution procedures for TSR are on file in the Bituminous Office. E10 Aggregate Specific Gravity (Gsb) ........................... A.A.sHTO 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 Owner and the Contractor. The Department Owner companion shall be labeled \vith date, time, Project number and approximate cumulative tonnage to date. The Department Owner's companion shall be given to the Department Owner's Street Inspector or Plant Monitor immediately or delivered to the Di~trict ~,1aterialc 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 \vill be utilized. Any mixture placed following notification of new specific gravity values will be based upon Department results unless proven incorrect. The Contractor shall be notified when new specific gravity values become available and what impact this will have on the calculated \/j\IA. Page 22 of 48 2360/2350 Combined Specification December 1, 2004 Ell lVlois ture Con ten t ............... ....................................... .......................................l\'1n/DOT 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 rnm [0.2 inch] in a 24 hour period. The sample shall be stored in an airtight container. f.,ificrowave testing is prohibited. HIv1A 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 Mn/DOT Bituminous Manual 5-693.920. Sampling shall be conducted by Contractor and monitored by the Inspector. Promptly submit the sample to the Department ivlaterials Laboratory in Map1ewood. The Contractor shall record sample information on Asphalt Sample Identification Card. F Documentation (Records) The Contractor shall maintain documentation. including test summary sheets and control charts, on an ongoing basis. The Contractor shall also maintain a file of 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 Owner. The Contractor shall: (1) Number test results in accordance with standard Department procedures and record on forms approvedJsupplied by the Department. (2) Facsimi.le all production test results on test summary sheets to the District ~.Iaterials Labor:ltor/ 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 infom1ation on the Department approved test summary sheet. 1. Percent passing on sieves listed in Table 2360.2-E 2. Coarse and fine aggregate crushing. 3. Maximum specific gravity (Gmm) 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, %Gmm at Ndesign , and % Gnun at Nmaximum 7. Calculated voids in mineral aggregate (VMA). 8. Composite aggregate specific gravity (Gsb) renecting current proportions. 9. Aggregate proportions in use at the time of sampling. 10. Tons where sampled. 11 Cumulative tons. 11 a. Tons Represented by Test. 12. Fines to effective asphalt ratio (F/AeJ. 13. Signature Line for ~.IIl!DOT Engineer and Contractor Representative. 14. Mixture Moisture Content. 15. ~.IIl!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 I daily basis. Provide the Engineer with asphalt manifests of BOL's (Bill of Laddine:) 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 \veekly tniCk scale spot checks (as requested bv Ene:ineer). Provide a Department approved accounting system for all mixes and provide a daily and final Project summary of material quantities and types. Provide a 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 cha11s and density worksheets to the Bituminous Engineer. Furnish an automated weigh scale and computer generated weigh ticket. The ticket shall indicate project number, mix designation (including binder grade), Mixture Design Report#, truck identification and tare, net mass, date and time of loading. Any deviations from the minimum information to be provided on the computer generated weigh ticket must be approved by the Engineer in \\Titing. 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 softw'are approved by the Engineer. Software is available from the (vIn/DOT Bituminous Office at www.mrr.dot.state.nm.us/pavementbituminous/b i tumino us. asp. (I) Blended aggregate gradation, include sieves shown in Table 2360.2-E for specified mixture. (2) Percent asphalt binder content (Po) (3) Ivlaximul11 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 \vith the fourth test. A dashed line shall connect the moving average points. The Department's Owner's quality assurance and verification test results shall be plotted with asterisks. Specification JivIF limits shall be indicated on the control charts using a dotted line. The Engineer may \vaive the plotting of control charts. H JMF 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 review'ed Mixture Design Report. Gradation control sieves include each sieve shown in Table 2360.2-E. The mixture production targets are listed on the Mixture Design Report. EvIF limits are the target plus or minus the limits shown in Table 2360A-H. JTvIF 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 Table 2360A-H JI\IF Limits (N=4) Item JI\IF Limits VMA.% - 0.3 Production Air V oids, ~o = 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 * JTvIF limits are not allowed outside the broadband requirements in Table 2360.2-E. I JI\IF Bands JMF Bands are defined as the area between the target, as identified on the Mixture Design Report, and the JTvIF limits. J JI\IF Adjustment The Contractor shall begin mixture production with the materials (gradation, asphalt content, and aggregate proportions) closely confonning to the reviewed Mixture Design Report. Closely conforming shall be defined as aggregate proportions within 5 percent of the design proportions (I) and other mixture paral11eters within the JivIF limits in Table 2360.4-H. This requirement may be \vaived if the Contractor provides the District Materials Laboratory with prior documented production data sho\ving how production affects the mixture properties or if the Contractor provides the District Materials Laboratory with a \\Titten justification or explanation of material changes since the orie:inal mixture submittal. (I) The Contra~tor shall begin mixture production using all aggregate proportions included on the Mixture Design Report unless the aggregate proportion is shown as 0 percent. If, during production, the Contractor detemlines from results of QC tests that adjustments to the mix design are necessary to achieve the specified properties, the follo\ving 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 JMF adjustl11ent to the Department Bituminous Engineer or District Materials Engineer. The requested change will be review'ed for the Department by a Certified Level II Bituminous QM Mix 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 \vith a S500 fee per each additional JMF 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 frol11 the previous four gradation tests conducted during actual production. The adjusted JMF shall be \vithin the nuxture specification gradation design broadbands shown in Section 2360.2E. Should a redesign of the mixture become necessary, a new JIvIF shall be submitted. The JMF asphalt content may only be reduced if the production VlvIA l11eets or exceeds the minimum VMA requirement for the mixture being produced. Adjusm1ents will be made as a result of an interactive process between the Contractor, Engineer, and District Materials Engineer. Consecutive requests for JTvIF adjustments, without production data, are not allo\\'ed. 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% (frol11 the currently produced mixture) for a single stockpile aggregate, supporting production test data from a minimum of four tests run at an accelerated testing rate of 1 test per 450 metric tons [500 tons] must be included \vith 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 \vithin twice the requested JMF limits for percent asphalt binder, production air voids, and VMA. Individual gradation must be within twice the requested JlvlF bands. The moving average values must be \vithin the control limits of Table 2360A-H. The calculation of the moving average shall continue after the change in proportions. If the n1ixture meets the specified quality indicators, the request for JTvIF adjustment will be signed by the District Materials Laboratory and considered effective from the point the proportion change was made. Failure to meet the quality indicators will result in reduced payment or removal and replacement with acceptable material. Consecutive requests for JMF adjustments without production data is not allow'ed. K Corrective Action -- Percent Asphalt Binder Content, VMA, and Gradation and Production Air Voids When the moving average values trend toward the JMF lin1its, the Contractor shall take corrective action. The corrective action taken shall be documented on sunm1ary sheets and, if applicable, a request for JMF adjustment shall be subn1itted to the District Materials Engineer for review' and approval. All tests shall be part of the project files and shall be included in the l110ving average calculations. The Contractor shall notify the Engineer whenever the l110ving average values exceed the JMF limits. L Failing Ma terials The detern1ination of price adjustrnents 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 l110re than twice the JMF bands are considered failing. l\'loving average test results are considered failing when they exceed the JMF limits. If the l110ving 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 nuxture produced. The calculation of the moving average shall continue after the stop in production. Mixture produced where the moving average of four exceeds the JMF limits shall be considered unsatisfactory and subject to requirements of Section 2360AL4, L5, L6, and L7. Individual test failures are discussed in Section 2360AL1, L2, and L3. When the total production of a mixmre type for the entire project requires less than four tests, a l110ving average will be established based on the tests taken. Acceptance of material will be consistent with the criteria outlined in Section 2360AL and will be based on the following modifications to the JMF limits: For t\VO tests, establish the new J1vIF Iinuts by l11ultiplying the JTvIF limits listed in Table 2360A-H by lAI; 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 JMF 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 2360.4-M, quality assurance/verification data shall be used in place of the Contractor's data to detern1ine the appropriate payn1ent 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 will be used for acceptance. Isolated production air voids are calculated by using the l11aximum nuxture specific gravity and the corresponding bulk specific gravity from that single test. After four (4) samples have been tested and a moving average of four can be established, acceptance will be based on individual and l110ving average production air voids. If, at the start of production, any of the first three (3) isolated test results for production air voids exceeds twice the JMF bands from the target listed on the Mixture Design Report, the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360A-L3 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the isolated test result is back within twice the JMF bands. When the failure occurs at the first test, after the start of production, the tonnage subjected to reduce payment shall be calculated as described above and shall include the tonnage from the start of production. When isolated air voids are less than 1.0% or greater than 7.0% the Engineer will decide whether the mixture is subject to removal and replacement or reduced pa):l11ent. If the mixture is to be removed and replaced, the Contractor at his expense will perforrn the work. To better define the area to be removed and replaced the Engineer may require the Contractor to test inplace mixture. This may include testing mixture placed prior to the failing test result. Reduced payment will be 50 percent of the Contract bid price. L2 Individ ual Failure at IVIixture Start-lip - V1\IA At the start-up of nuxture production, before a moving average of four can be established, the first three (3) individual test results for VMA \vill be used for acceptance. After 4 samples have been tested and a moving average offour can be established, acceptance will be based on individual and moving average VMA. If, at the start of production, any of the first three (3) individual 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 2360A-L3 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the test results are back within twice the JMF limits. When the failure occurs at the first test, after the start of production, the tonnage subjected to reduce payment shall be calculated as described above and shall include the tonnage from the start of production. L3 Individual Failure - Gradation, Percent Asphalt Binder, Production Air Voids, and V1\IA Item Pav Factor (I) Gradation 95 % Coarse and Fine Aggregate Crushing 90 ~o VMA 85 % Asphalt Binder Content 85 % Production Air Voids (individual Ie) and isolated i5)) 70 % Table 2360A-L3 Reduced Payment Schedule for Individual Test Results (I) Lowest Pay Factor applies when there are multiple reductions on a single test. (2) Individual air voids are calculated using the l110ving 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 frol11 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 tw'ice the JMF bands from the target listed on the Mixture Design Report the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360A-L3 shall apply to all tonnage represented by the individual test. Page 27 of 48 2360/2350 Combined Specification December 1, 2004 If the individual tests for percent asphalt binder content, production air voids, or VMA exceeds twice the JMF bands from the target listed on the Mix Design Report the material is considered unsatisfactory or unacceptable. Reduced paYlnent 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 witlun twice the JMF limits. When the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payn1ent 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~-o or greater than 7.0% the Engineer will decide whether the nuxture is subject to removal and replacement or reduced payment. If the mixture is to be removed and replaced, the Contractor at his expense will perfonn the work. To better define the area to be removed and replaced the Engineer may require the Contractor to test inplace nuxture. 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 i\lixture 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, conesponding to the moving average failure is within the JMF limits. If the individual air void is not within the JMF limit, the lnixture will be considered unacceptable and the Engineer will decide whether the nuxture is subject to removal and replacement or reduced payment. The Engineer may waive the penalty if the isolated air void conesponding to the individual air void is within the JMF linut. If the mixture is to be removed and replaced, the Contractor at his expense \vill perforrn the work. Reduced payn1ent \vill be 50 percent of the Contract bid price. TOlmage subjected to replacel11ent or reduced payn1ent shall be calculated as the tons placed from the sample point of the failing moving average result and conesponding individual air void beyond the JMF limit to the sampling point when the individual test result is back within the JMF limit. L5 Moving Average Failure at Mixture Start-Up - Vi\lA 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 VMA, conesponding to the moving average failure is within the D,'IF linuts. 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 subj ect to removal and replacement or reduced payment. If the nuxture is to be removed and replaced, the Contractor at his expense will perforrn the work. Reduced payn1ent 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 conesponding individual VMA beyond the JMF limit to the sampling point when the individual test result is back within the JMF limit. L6 i\loving Average Failure - Production Air Voids A moving average production air void failure occurs when the individual production air void l110ving average of four exceeds the JMF Iinut. This nuxture is considered unacceptable and the Engineer will decide \vhether the nuxture 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 payn1ent 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, tonnage subjected to reduced payn1ent shall include the tonnage from the start of production that day. Page 28 of 48 2360/2350 COl11bined Specification December 1, 2004 ';::' . ''-' Item Pay Factor (1) Gradation 75 %\j) Coarse and Fine Aggregate Crushing NA (individual failures only) VMA1"l 75 ~IQ Asphalt Binder Content 75 % Production Air Voids\") 50% Table 2360A-L6 Reduced Payment Schedule for i\Iovino AvcraGe Test Results (I) (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 mrn [#200] sieve, use 95% pay factor if failure is within aggregate gradation broadband, Table 2360.2-E. L7 Moving Average Failure - Percent Asphalt Binder Content, Vl\IA, and Gradation For mixture properties including asphalt binder content, Vi\IA, and gradation, where the moving average of four exceeds the JMF limits, the mixture is considered unacceptable and the Engineer will decide \vhether the mixture is subject to removal and replacement or reduced paY111ent. If the mixture is to be removed and replaced, the Contractor at his expense will perform the work. Reduced payment \vill be 75 percent of the Contract bid price. Tonnage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample point of all individual test results beyond the JMF limits which contributed to the l110ving average value that exceeded the JIvIF linut, to the sampling point \vhen the individual test result is back within the JMF linuts. When the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that day. L8 Coarse and Fine Aggregate Crushing Failure If any test result for Coarse Aggregate Angularity, Fine Aggregate Angularity or -4.75l1ill1 [- #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 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 specitications. 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. l\I Quality Assurance The Engineer will periodically witness the sampling and testing being performed by the Contractor. If the Engineer observes that the sampling and quality control tests are not being performed in accordance with the applicable test procedures, the Engineer may stop production until corrective action is taken. The Engineer will notify the Contractor of observed deficiencies promptly, both verbally and in \YTiting. The Engineer may obtain additional samples, at any time, to detemline quality levels. These additional samples or verification samples are described in Section 2360AN. For mixture, the Contractor shall test their portion immediately. All testing and data analysis shall be perfonned by the Certified Level I Bituminous Quality Management (QM) Technician. Certification shall be in accordance with the MnlDOT Technical Certification Program. The Department shall post a chart giving the names and telephone numbers for the personnel responsible for the Quality assurance program. The Engineer shall calibrate and correlate all laboratory testing equipment in accordance with the latest version of the 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 (Gmm) 0.019 VMA (Calculated) 1.2 Fine Aggregate Angularity, uncompacted voids (U) % . 1 Coarse Aggregate Angularity, "6 fractured faces (%P) 15 Aggregate Individual Bulk Specific Gravity (+4.75nm1 [+ #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 ?360.3-B?b Asphalt Binder Content Meter IvIethod, % 0.2 Spot Check Method, % O.? Chemical Extraction Methods, ~.-o 0.4 Incinerator Oven. ~,'o 0.3 Chemical vs. Meter, Spot Check, or Incinerator methods 0.4 Incinerator Oven vs. Spot Check OA Gradation Sieve % passino 25.0,19.0, 12.5,9.5 nm1 [1 inch, 3/4 inch, 1/2 inch, 3/8 inch] 6 4.75 mm [#4] 5 2.36 mm [#8] 4 0.075 mrn [#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 :.1r;/DOT's the Owner's verification sample, provided to the Contractor. The Contractor is required to test and use this verification companion sample as par1 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 23 60AE, excluding sections E9, E 1 0, Ell, and E 12, on a daily basis per nux type. The verification cornpanion 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 Veritication sample for compliance with allowable tolerances as specified in Table 2360A-M. These include the nuxture properties of Gmm (mixnrre 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 2360AE7 and 2360AE8 the one test per v,leek 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 2360AElb or 2360AElc. Asphalt content from the verification test result must be used to determine VlvIA. The Departn;,:nt's O"mer's verification test results will be available to the Contractor within 2 working days from the time the sample is delivered to the District Llbor::rtory Engineer for Gmmmixture rnax gravity, Gmb nuxture bulk gravity, air voids (calculated), asphalt binder content, VMA (calculated). Gradation and crushing results \vill be provided to the Contractor within 3 MniDOT 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 will be compared for allowable tolerances as specitied in Table 2360.4-M. rfthe tolerances are met, the verification process is complete. Page 30 of 48 2360/2350 Combined Specification December 1, 2004 If the tolerances betw'een Department 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, volul11etric properties will be recalculated (11. When tolerances from the verification sample retests are not met, an investigation will begin inm1ediately to detennine the cause of the difference. Testing equipment, procedures, worksheets, gyratory specimen height sheets, and personnel will be reviewed to deternune the source of the problem. The ~ :\fnterials Engineer may also require a hot-cold comparison of lnixture properties be performed. The procedure for hot-cold comparisons is as follows: The hot-cold comparison sample will be split into three representative p011ions. The Engineer \vill 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 ~.hterials Laboratory Engineer. On the same day and at approximately the same time the Contractor and the District :.bterials L~boratory Engineer will heat their samples to compaction temperature and compact them. From this inforn1ation a calibration factor \vill be developed to compare the specific gravity of the hot compacted samples to reheated compacted samples. Each test will involve a minimul11 of three !vIarshall specimens or t\VO gyratory specimens. This test may be repeated at the discretion of the Contractor or the District :.bterials 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 0 f the mixture portions to be tested for maximum specific gravity (Rice Test) may result in additional asphalt being absorbed in the aggregate. The Departmel:t Owner will test the previously collected QA samples until they meet the tolerances or the remaining samples are all tested. Once these samples are tested, the department Owner will test QA samples subsequent to the verification sample until tolerances are met. Acceptance will be based on QC data with substitution of Depo.rtment Owner test results for those parameters out of tolerance (I). 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 analysis of data, it is detennined there is a bias in the test results, the Engineer will determine which results are appropriate and shall govern. Methods to analyze data for detennination of bias are on file in the Bitununous 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 \vill apply. B Restrictions In general. no \vork 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. H!vIA shall not be placed when, in the opinion of the Engineer, the \veather or roadbed conditions are unfavorable. Page 31 of 48 2360/2350 Combined Specification December 1,2004 No asphalt pavernent w'earing course (final \vearing course if multiple wearing courses) shall be placed after October 15th in that part of the state north of an easHvest line between Bro\'.-TIS 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 nuxtures 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 IvIn/DOT's Office of Environmental Services and the Bituminous Office. C Equipment Cl Asphalt Mixing Plants Cia Requirement for All Plants The Contractor shall test and calibrate all scales according to M11fDOT 1901, except as othenvise designated by the Contract. Cla(l) Equipment for the Preparation of the Aggregate Add nuneral filler to the nuxture using a storage silo equipped with a device to ensure a constant and uniforrn feed. Cla(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 tel11peratures. 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 l750C [3500F]. For modified asphalt, the maximum storage temperature shall not exceed the recommendation of the asphalt supplier. C 1 a(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 detemuning asphalt binder content of the nuxture. The working tank shall have a capacity bet\veen 3 800 L [1,000 gallons] and 7 600 L [2,000 gallons]. The \vorking tank shall be calibrated and supplied \vith 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 working tank during spot check operations. Page 32 of 48 2360/2350 Combined Specification December I, 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 cOlll1ected 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. l\IIeans shall be provided for comparing the flovo/ 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 nuxer unit. The system shall be calibrated and adjusted to maintain an accuracy of 2:. one percent error. This calibration shall be required for each plant set-up prior to production of lnixture. Cla(4) Dryer: The aggregate shall be free of unburned fuel. Cla(S) Thermometric Equipment: The plant shall be equipped with a sufficient number of thermometric instruments to ensure temperature control of the aggregate and the asphalt binder material. Cla(6) Pollution Controls Cla(6)(a) Poll u tio n ........... .............. ........... ................ .............. ......... ...... ................ ..... ............... ........... ..... 1717 Cl 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 nuxture will be permitted for a period not to exceed 18 hours, provided the follo\ving requirements are met: (a) Hot nux storage facilities shall be designed and operated to prevent segregation of the nux, drainage of the asphalt frol11 the mix, and to prevent excessive cooling or overheating of the nuxture. (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 nuxer. C2 Placement and Hauling Equipment All equipment shall be serviced a\vay from the paving site to prevent contanunation of the mixture. Units that drip fuel, oil, or grease shall be removed from the paved surface until such leakage is corrected. C2a Asphalt Pavers Asphalt pavers shall be self-contained, power-propelled units, with an operational vibratory screed, capable of spreading and finishing courses of asphalt plant mix material in widths applicable to the specified typical sections and thicknesses, indicated in the Contract. The screed or strike-off assembly shall produce a finished surface of the required evenness and texture without tearing, shoving, or gouging. For mainline paving, screed extensions and auger extensions are required if the paving width on either side of the paver is greater than the basic screed unless othenvise directed by the Engineer. Strike-off only extension assemblies are not allow'ed 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, wluch 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 I, 2004 All mixtures shall be spread without segregation to the cross sections shown in the plans. In general, leveling layers shall be spread by the method producing the best results as approved by the Engineer. The objective is to secure a smooth base of uniform grade and cross section so that subsequent courses will be uniform in thickness. The leveling layer may be spread with a properly equipped paver or, when approved by the Engineer, a motor grader equipped with a leveling device, or with other means for controlling the surface elevation of the leveling layer. All mixtures shall be spread, to the fullest extent practicable, by an asphalt paver. \Vhen approved by the Engineer, mixtures may be spread by a motor grader in areas that are inaccessible to a paver such as on driveway entrances, irregular areas, short isolated areas or when the quantity of mixture makes it impractical to place with a paver. On shoulder surfacing and uniform width widening, when the placement width is too narrow for a paver, the mixture in each course shall be spread with an approved mechanical device. The placement of each course shall be completed over the full width of the section under construction on each day's run unless otherwise directed by the Engineer. C2b Trucks Trucks for hauling asphalt mixtures shall have tight, clean, and smooth beds. Mixture shall not be allowed to adhere to the truck beds. Adherence may be prevented by spraying the truck bed with an anti-adhesive agent in accordance with Section 2360.5B. Each truck shall be equipped with a cover of canvas or other suitable material to protect the mixture from weather. The cover shall extend at least 300 mm [1 foot] over the sides and be attached to tie-dow.ns unless the truck is furnished with a mechanical or automated covering system, which prevents airf10\v 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 Dl 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 Mn/DOT 2357. Emulsified asphalt tack coats shall be allowed to break, as indicated by a color change from brO\vn to black, before a subsequent lift is placed. The contact surfaces of all fixed struchlres and the edge of the in-place mixture in all courses at transverse joints and longihldinal joints shall be given a uniform but not excessive coating of liquid asphalt or emulsified asphalt before placing the adjoining nuxture. E COl11paction 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 nUxture or newly rolled pavement having a surface temperature exceeding 600C [140oF]. Rolling with steel-wheeled rollers shall be discontinued if it produces excessive crushing or pulverizing of the aggregate or displacement of the nuxture. Page 34 of 48 2360/2350 Combined Specification December 1, 2004 To prevent adhesion of the nuxture to the steel roller wheels, the contact surfaces of the wheels shall be kept properly moistened using water or a water solution containing small quantities of a detergent or other approved material. To secure a tnle surface, variations such as depressions or high areas, which may develop during rolling operations, and lean, fat or segregated areas shall be corrected by removing and replacing the material in the defective area. All such corrections shall be accomplished as directed by the Engineer at no expense to the Department O\\ner. 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 nuxtllre placel11ent 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 nill1 [6 inches] measured transversely from the longitudinal joints in the previously placed lift. When the wearing course is constnlcted 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 [1/8 inch]) than the previously placed strip. \Vhen 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 j oint line) before any rolling is done. G Asphalt Mixture Production (FOB Dcpartment Owner Trucks) For asphalt nuxture 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 Dcpartment OW11er furnished trucks at the mixing plant at a time agreed on by the Engineer and Contractor. The Engineer will notify the Contractor of the total quantity of mixture desired not less than 2 weeks prior to completion of the wearing course constmction. The Engineer will not accept the asphalt nuxture if it is inappropriate for the Department';:; Owner's intended use. H Small Quantity HMA Paving Unless otherwise indicated in the Special Provisions, the following provision for a sl11all quantity of asphalt mixture shall apply. Page 35 of 48 2360/2350 Combined Specification December 1, 2004 A Mixture Design Report is not required for planned project quantities less than 191,2001112 mm [9,000 square yard inches [4,500 square yards per 2 inch thickness, etc]) or450 metric tons [500 tons]. However, the Contractor shall verify in \\Titing the asphalt nuxture delivered to the project 111eets the requirements of Table 2360.3-B2a and Table 2360JB2b. The Department Owner will obtain samples, as detenruned by the Engineer, to verify percent design air voids and gradation. These results will be used for material acceptance. Air voids \vill 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 \vill be subject to payment as indicated in Table 2360A-Ub. 2360.6 PAVEMENT DENSITY A General All pavements will be compacted in accordance with the f..'Iaximum Density Method unless otherwise specified in the Contract special provisions or as noted in Section 2360.6C. B Maximum Density Method All courses or layers of plant mixed asphalt nuxtures 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 (Gmn,) based on the individual lot. The Maximu111 specific gravity value used to calculate the percentage density for the lot shall be the average value obtained from the maximum gravity results from production tests taken during that days paving. If only one or two maximum specific gravity values were obtained that day, then the moving average value (at that test point) shall be used. If three or more maximum specific gravity values are obtained that day, then the average of those tests alone shall be used as indicated above. Bla Pavement Density Determination The density of each lot shall be expressed as a percentage of the maximum specific gravity (~,'O Gmm) obtained by dividing the average bulk specific gravity for the lot by the maximum specific gravity multiplied by 100, (maximu111 specific gravity basis is the average Gmrn of QC tests done on the day that the individual lot \vas paved as described above). Detemunation of the bulk specific gravity of the cores shall be in accordance with AASHTO T-166, MnJDOT modified. For coarse graded mixtures the Engineer may require detenrunation of bulk specific gravity of the cores be in accordance with ASTM D 1188, MnJDOT modified. ASTM D6752 Mn/DOT modified (Corelok) is also allowed for: determination of bulk specific gravity of coarse graded rnixtures. Selection of the test method to determine coarse graded mixture bulk specific gravity shall be agreed upon at the time of nux design submittal. Both the Contractor and :.In!DOT Owner shall use the same test 111ethod to detemune bulk specific gravity. The detenrunation of coarse and fine graded mixtures \vill be based on the percentage of material passing the 2.365 mm sieve [#8] 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 detennination. Only pneumatic tired or static steel rollers are penrutted for any compactive effort perforn1ed between 6 and 8 hours after mixture placement. Compacted mixtures represented by samples or tests having deficient densities shall not be re- rolled. The Contractor shall not operate below the specified minimum density on a continuing basis. A continual basis shall be defined as all lots in a day's production failing to meet minimum density or 1110re than 50% of lots on multiple days which fail to meet minimum density requirements. Production shall be stopped until the source of the proble111 is determined and corrective action is taken to bring the \vork into compliance with specified minimum required density. Page 36 of 48 2360/2350 Combined Specification December 1, 2004 B2 Required Density ivIinimum density requirements for both g}Tatory (SP) and Marshall designed nuxtures are listed in Table 2360.6-B2. Unless otherwise indicated in the Plans or Special Provisions, shoulders wider than 1.8 meters [6 feet] paved shall be compacted by the Maximum Density Method. When shoulders are required to be compacted by the IvIaximum Density Method and are paved in a separate operation or have a different required nunimum density than the driving lane, the lot tonnage placed on the shoulder shall be delineated in separate lots from the driving lanes for the day paving was conducted. Unless otherwise indicated in the Plans or Special Provisions a narrow shoulder, 1.8 meter [6 feet] or less wide, that is paved in the same pass as a driving lane or that is paved separately will be compacted by the Ordinary Compaction ?vIethod. Mixture compacted under Ordinary Compaction is excluded from lot density require111ents and that tonnage is also excluded from incentive/disincentive payment. If the Plans or Special Provisions indicate a narrO\v shoulder is to be compacted by the Maximum Density l\lethod, the minimum required density is listed in Table 2360.6-B2. rfthe nunimum 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 j"lmmum ensltv SP Wear and All MV SP Nonwear (1\(2) SP Shoulders (1)(2) and LV Mixtures (1)(2) Location from ::; 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 l\I' . D 1 ) 2) * SP Mixtures only ** If less than 25% of a layer is \vithin 100 mm [4 inches] of the surface, the layer may be considered to be below 100 mm [4 inches] for nux design purposes. Minimum reduced by one percent on the first lift constructed over PCC pavements. IvIinimum reduced by one percent for the first lift constructed on aggregate base (mainline and shoulder), reclain1ed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 6.35 111etric ton [7 ton] or less spring load restriction (roadway includes shoulders). B2a Lots & Core Locations Table 2360.6-B2a Lot Determination 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 *When nux production is less than 270 metric tons [300 tons], establish 1 st lot when accumulative tonnage exceeds 270 metric tons [300 tons]. Page 37 of48 2360/2350 Combined Specification December 1, 2004 Divide the days production into equal lots as sho\\TI in Table 2360.6-B2a. The Engineer may require additional density lots be established to isolate areas affected by equipment malfunctiorubreakdo\\n, 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 Dcpartment Owners Street Inspector inm1ediately upon c0111pletion of coring and sa\ving. The random locations will be detem1ined by the Engineer using statistically derived stratified random number tables or other approved methods of random number generation. These will also be used for partial lots. Both transverse and longitudinal joints are subject to maximum density requirements. If the random core location falls on an unsupported joint, at the time of compaction, (the edge of the mat being placed does not butt up against another mat, pavement surface, etc.) cut the core with the outer edge of the core barrel 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 barrel ISO l1ID1 = 12.5 nm1 [6 inches = 0.5 inch] from the edge of the top of the mat (ex. center of 100 nml [4 inch] core barrel 200 mm::!: 12.5 mm [8 ::!: 0.5 inches] from the edge of the top of the mat). Cores will not be taken \vithin 300 mm [1 foot] of any unsupponed edge The Contractor shall be responsible for maintenance of traffic, coring, patching the core holes, and sa\ving 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 dl)' and immersed weight of the cores. Density detemunation 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 \vill cut pavement samples from the completed work with power equipment, and restore the surface by the end of the next working day with new, well compacted mixture without additional compensation. Failure to restore the surface \vithin 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 l1ID1 [4 inch] minimum outer diameter coring device. All samples shall be marked \vith 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 transp0l1ed to the D:::partment's Field Llboriltory or District :-,btcrials 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 Dcpartment Owner companion core test result for bulk specific gravity (Gmb) deviates beyond the allowable tolerance of 0.030, substitute Department Owner companion result for Contractor's core result and then average the Department Owner result with the non-companion result for the lot density acceptance. If, through analysis of data, it is detem1ined there is a bias in the test results, the Engineer will detem1ine which results are appropriate and shall govern. If the GOlb tolerance fails in more than 2 lots in a day of either consistently high or low differences bet\veen the companion cores then an investigation to detem1ine the source of errors shall be conducted. Companion cores samples shall be increased to two per lot and tested until investigation is complete and tolerances are met. The Engineer may allow recoring of a sample only when the core has been damaged through no fault of the Contractor, either during the coring process or in transit to the laboratory. Page 38 of 48 2360/2350 Combined Specification December 1, 2004 B4 l\Iaximum Density Acceptance and Payment Schedule The density of compacted nuxture 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 ASTIvI D 1188 is within == 0.030 of the 5ffite Owner companion Gmb value. Payment for lot densities of compacted mixture shall be deternuned from Table 2360.6-B4 or 2360.6-B4A. Incentive and disincentive payments are for both wearing and non-\vearing courses. When the density requirement has been reduced by one percent, per Table 2360.6-B2, foomote 1 & 2, payment adjustments for lot densities will be made as specified in Table 2360.6-B4A. Incentive payments are excluded when the minimum density has been reduced. However, at the Contractors request and with approval of the Engineer, the reduced density requirement may be waived and density evaluated under Table 2360.6-B4, including incentives, for first lift constructed on aggregate base, reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 6.35 metric ton [7 ton] or less spring load restriction (reduced density shall not be waived for the first lift constructed on PCC pavements). The request and approval shall be made after the first days paving and before the third days paving begins. Once the request has been approved, evaluation of density \vill be in accordance with Table 2360.6-B2 (excluding footnote 2) and Table 2360.6-B4, and will remain in effect for the duration of nuxture 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 \Vear (:$100 l1ill1 [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) 93.6 and above 94.6 and above 104 U) 93.1 - 93.5 94.1 - 94.5 102 (J) 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 Pavment Schedule for I\Iaximum Densitv Percent of Max Specific Gravity (") Percent of Max Specific Gravity (2) Percent SP Wear (:$100 fllll1 [4 inches] from Surface) SP Non-\Vear (>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 i4) Less than 89.0 i4) Table 2360.6-B4A (1) 1 % Reduced Table (I) Minimum reduced by one percent for the first lift constructed on aggregate base (mainline and shoulder), reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 6.35 metric ton [7 ton] or less spring load restriction (roadway includes shoulders). Minimum reduced by one percent on the first lift constructed on PCC pavements (reduced density cannot be waived). Page 39 of 48 2360/2350 Combined Specification December 1, 2004 C2 Steel- \Vheeled 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. \Vhen vibratory rollers are used, they shall produce 45 kc"J per meter [3,085 1bf 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 wheel load force shall be a nunimum of 13 kc"J [3,000 pounds] per wheel for LV and MV mixtures and SP Level 2-3 nuxtures and 22 kc"J [5,000 pounds] per wheel for SP Leve14-6 mixtures and can be varied as directed by the Engineer. The tire arrangement shall be such that full compaction \vill 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 otherw'ise 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 1aydovVTI temperature in all courses (as measured behind the paver or spreading machine) of the asphalt mixture shall be in accordance \vith the temperature requirements of Table 2360.6-C5. Unless directed by the Engineer in wTiting, no paving is allowed under the Ordinary Compaction Method when the air temperature is below OCC [320F]. 'lxture emperature ontro Air Compacted Mat Thickness, mm (A) Temperature oC [OF] 25 mm [1 inch] 40 mm [1-1/2 inch] 50 mm [2 inch] >75 mm [3 inch] +0-5 [32-40] -- 129 (tl) [265] 124 [255] 121 [250] + 6-10 [41-50] 130 !H) [270] 127 [260] 121 [250] 118 [245] + 11-15 [51-60] 127 (tl)[260] 124 [255] 118 [245] 115[240] + 16-21 [61-70] 121 (tl) [250] 118 [245] liS [240] 113 [235] + 22-27 [71-80] 118 [245] liS [240] 113 [235] 113 [235] -'- 28-32 [81-90] 113 [235] 110[230] 110 [230] 110 [230] + 33 [91+] 110 [230] 110[230] 11 0 [230] 107 [225] Table 2360.6-C5 \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 1110dify in wTiting (\vith concurrence from the Department Bituminous Engineer) a minimum laydo\'iTI temperature. Page 42 of 48 23 60/2350 Combined Specification December 1, 2004 2360.7 THICK1,\;ESS AND SURFACE SMOOTHNESS REQUIREMENTS A Thickness After compaction the thickness of each lift shall be within a tolerance of 6 nm1 [1/4 inch] of the thickness shown in the Plans, except that, if automatic grade controls are used, this thickness requirement will not apply to the first lift placed. This thickness requirement will not apply to a leveling lift whether or not automatic grade controls are required. The Engineer may require removal and replacement, at the Contractor's expense, of any part of any lift that is constructed to less than the mini111um 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 111easurements. 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 pennissible thickness, the materials used in the excess nuxture above that required to construct that portion of the lift to the Plan thickness plus 6 mm [1/4 inch] may be excluded from the pay quantities and at the discretion of the Engineer and at the Contractor's expense may be required to be removed and replaced. B Surface Requirements After compaction, the finished surface of each lift shall be reasonably free of segregated, open and torn 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 IS mm [1/2 inch] of the elevations and grades established by the Engineer. This requirement shall also apply to the ftrst lift placed other than leveling when automatic controls are used. (2) The surface of the ftnal two lifts placed shall show no variation greater than 6 l1ill1 [1/4 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 cOfmections and bypasses shall show no variations greater than 6 mm [1/4 inch] from the edge of a 3 m [10 foot] straightedge laid parallel to the centerline. ' (3) After final compaction, all final lift asphalt wearing surfaces adjacent to concrete pavements shall be slightly higher (but not to exceed 6 l1ill1 [1/4 inch] than the concrete surface. After final compaction, all asphalt surfaces adjacent to gutters, manholes, pavement headers, or other fixed structures shall be slightly higher (but not to exceed 6 nun [1/4 inch] than the surface of the structure. (4) Transverse joints (construction joints), at the beginning and end of a project, at paving exceptions, or caused by suspension of daily paving operations, shall show no variation greater than 6 nm1 [114 inch] fro111 the edge of a 3 m [10 foot] straightedge centered longitudinally across the transverse joint. The Engineer may require correction by diamond grinding when material is placed outside the above described linutations. (5) The transverse slope of the surface of each lift, exclusive of the shoulder wearing lift, shall not vary from the slope sho\\TI in the Plans by more than OA 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 1110re than 75 mm [3 inches] greater than the Plan distance. In addition. the edge aliglm1Cl1t 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 mm [1 inch] in any 7.5 m [25 foot] section. (7) The finished surface of each lift shall be reasonably free of segregated and open and tom sections. Any material placed outside the above described limitations shall be removed and replaced after being cut or sa\ved at no expense to the Depaltment Owner or with the approval of the Engineer, allowed to remain inplace at a reduced cost calculated at S 12 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 Califomia type protllograph or Inertial 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 otherwise authorized, may be ordered retested at the Contractors expense. The following table shows pavement surfaces, which are excluded from profilograph testing, but subject to Section 2360.7B surface requirements. Profilooraph Testll1g xc usions Pavement Surfaces Excluded From Profilograph Testing Rarnps, 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 km/hr [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. Vertical Curves - Absolute value of grade change is 3 % or more and curve length is 121.9 m [400 feet] or less. Vertical Curves - Absolute value of grade change is 4 % or 1110re and curve length is 182.8 m [600 feet] or less. Vertical Curves - Absolute value of grade change is 8 % or more and curve length is 213.4 m [700 feet] or less. Note: Begin and end the exclusion at the PC (PVC) and PT (PVT), respectively Table 2360.7-Cl E CIA S11100thness Requirements Pave111ent smoothness requirements will be evaluated by Table 2360.7-C6A, 2360.7-C6B, or 2360.7-C6C. The pavement smootlmess table will be identified in the Special Provisions of the proposal. Page 44 of 48 2360/2350 Combined Specification December 1, 2004 C2 Measurement Smootlmess will be measured with a 7.62 m [25 foot] California type profilograph or an Inertial Profiler (IP), \\:hich produces a profilogram (profile trace of the surface tested). Either type of device must be certified according to the procedure on file in the Bituminous Office. One pass will be made in each lane, 2.74 m [9 feet] from centerline. The profilograph or IP shall be in the direction the traffic will be moving. Each lane will be tested and evaluated separately. The Engineer will deternune the length in kilometers [nllles] for each mainline traffic lane. The profilograph will be operated at a speed no greater than a normal walk, no greater than 6 knvhr [4 miles per hour]. r.'Iotive 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 Bituminous Office. The Contractor will furnish a competent operator, trained in the operation and evaluation of the 7.62 m [25 foot] California profilograph or IP. All objects and foreign material on the pave111ent surface will be removed by the Contractor prior to testing. The pavement surface will be divided into sections which represent continuous placement. A section will ternunate 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 seg111ents of 0.1 km [0.1 mile]. A segment \vill 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 nm1 in 3.028 m [1/4 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 subnutted trace. The Contractor will submit a final evaluation generated from approved software, to the Engineer within five days after all mainline pavement placement. Software is available from the l\'ln/DOT Bituminous Office at www.mrr.dot.state.nm.us/pavementbitllminous/bihlminous.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 nux 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 sunm1ary at the bott0111 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 protile index and bU111ps. The Contractor will be responsible for all traffic control associated with the smoothness testing. Page 45 of 48 2360/2350 Combined Specification December 1, 2004 Any portion of the project may be retested if the Engineer determines that the Contractor's test results are in question. If results are found to be inaccurate, the Contractor will be charged at a rate of S 155.34 per lane km [S250 per lane mile] that is retested, with a minimum charge ofS500.00. If the results are found to be accurate, the Dep:J.rtment Owner will be paying the Contractor at a rate of S 155.34 per lane km [S250 per lane n1ile] that is retested, with a minimum charge ofS500.00. C4 Profile Index The profilograph or IP shall be equipped with automatic data reduction capabilities for detem1ining the profile index (PI) unless otherwise authorized by the Engineer. The profi10graph trace will be evaluated for the profile index (PI) and bumps in accordance with California Method 526 on file with the Department Bituminous Engineer. The original trace shall be provided to the Engineer A profile index shall be calculated for each segment. If an IP is used the corresponding International Roughness Index (IRI) for each segment shall be submitted to the Bitumino,tS Office Owner. The index will be determined by summing the vertical deviations outside either a 5 nm1 [0.2 inch] blanking band or outside a zero blanking band depending on the number of lifts in the construction. The units of this index are nun 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 occurrences as one event. C5 Surface Correction All areas represented by deviations of 28 nm1 [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 correct pavement segments having no more than two events or two individual bumps or dips with a vertical deviation of 10.2 to 25 mm [0.4 to 1.0 inch] in a 7.62 m [25 foot] span. COlTection of segments with more than two events or two individual bumps or dips, as defined above, will be allowed only when approved by the Engineer. The Contractor \vill be assessed a penalty for dips or bumps of 10.2 to 25 mm [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 smootlmess. Corrected dips or bumps will be considered satisfactory when the profilogram sho\vs the dips or bumps are less than 10.2 llill1 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 corrective areas. Corrective \York shall be made by diamond grinding unless other methods are approved by the Engineer. Other methods may include; overlaying the area, or replacing the area by milling and inlaying. Any corrective actions by nulling and inlay or overlay shall meet the specifications for ride quality over the entire length ofthe correction, including the first and last 15 m [50 feet]. Bumps or dips in excess of 10.2 mm [0.4 inches] at transversejoints at are:J.s of corrective actions utilizing overlay or milling and inlay, shall be removed by diamond grinding. The Contractor shall notify the Engineer prior to conm1encement of the corrective action If the surface is corrected by overlay, inlay or replacement, the surface correction shall begin and end with a transverse saw cut. If the smoothness evaluation indicates that corrective work is necessary for more than 50% of a segment, surface correction will be limited to mill and inlay (40 mm [1 1/2 inch] min). All corrective work shall be subject to the approval of the Engineer. After all required correction work is completed, a tlnal profile index shall be determined. Corrective work and re-evaluation will be at the Contractor's expense. Page 46 of 48 2360/2350 Combined Specification December 1, 2004 C6 Payment The cost of certified smoothness testing and associated traffic control will be incidental to the cost of the 'vVear Course Mixture. The Contractor may receive an incentive payment or be assessed a penalty based on the number of segments and the initial profile index. The total ride incentive shall not exceed 10% of the total mix price for pavement smoothness evaluated under Table 2360.7-C6A, 5% of the total mix price for pavement smoothness evaluated under Table 2360.7-C6B, or 5% of the total nux price for pavement smoothness evaluated under Table 2360.7-C6C. The maximum allow'able net incentive (total incentive minus disincentive) payment shall be calculated by multiplying the total tons paved by the mix hire price by the appropriate incentive cap. Pay adjustrnents for incentives will only be based on the initial Profile Index before any corrective work has been perforrned. Pavement that contains corrective action for profile or bumps is not eligible for incentive pay. These payments or assessments will be based on the follO\ving 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 [0.4 to 1.0 inch] that is not corrected. Penalties, based on the table the profile index is evaluated under, are as follows: Table 2360.7-C6A: S900 Table 2360.7-C6B: 5675 Table 2360.7-C6C: 5450 Bumps or dips resulting from a construction joint \vill be assessed a 5900 penalty, regardless of the table used for evaluation of pavement smootlmess. The Engineer may, at his discretion, assess a penalty in lieu of requiring the Contractor to take corrective action \vhen the profile index for a segment indicates corrective action is necessary. Penalties, based on the table the profile index is evaluated under, are as follows: Table 2360.7-C6A: Table 2360.7-C6B: Table 2360.7-C6C: S560 per 0.1 km [$900 per 0.1 mile] S420 per 0.1 km [5675 per 0.1 mile] S280 per 0.1 km [S450 per 0.1 mile] mm per km [Inches per mile] Dollars per Segment Dollars per Segment per 0.1 km se2ment [per 0.1 mile seament] (Metric) [En2lish] 0- 13.4 [0.0 - 0.8] 210 [335] 13.5 - 25.3 [0.9 - 1.6] 145 [225] 25.4-38.7 [1.7-2.4] 80 [115] 38.8 - 78.9 [2.5 - 5.0] 0 [0] 79.0 - 92.3 [5.1 - 5.8] (80) [(115)] 92.4 - 105.7 [5.9 - 6.7] (145) [(225) ] 105.8-118.3 [6.8-7.5] (210) [(335)] Over 118.3 [Over 7.5] Corrective Action Corrective Action Table 2360.7-C6A * Initial Profile Index for 5mm [0.2 inchj blanking band * Typically, 3-1ift minimum construction Page 47 of48 2360/2350 Combined Specification December 1, 2004 .. ';;' nm1 per km [Inches per mile] Dollars per Segment Dollars per Segment per 0.1 km segment [per 0.1 mile segment] (Metric) [English] 0- 15.8 [0.0 - 1.0] 145 [225] 15.9-31.6 [1.1 - 2.0] 100 [150] 31.7 - 47.3 [2.1 - 3.0] 55 [75] 47.4 - 110.5 [3.1 - 7.0] 0 [0] 110.6 - 126.3 [7.1 - 8.0] (55) [(75) ] 126.4-142.0 [8.1 - 9.0] (100) [(150) ] 142.1 - 157.8 [9.1-10.0] (145) [(225) ] Over 157.8 [Over 10.0] Corrective Action Corrective Action Table 2360.7-C6B * Initial Profile Index for 5mm [0 " inch] blankina band * Typically, 2-lift construction mm per km [Inches per mile] Dollars per Segment Dollars per Segment per 0.1 km segment [per 0.1 mile segment] (Metric) [Enalish] 0- 31.6 [0.0 - 2.0] 95 [150] 31.7 - 47.4 [2.1 - 3.0] 65 [100] 47.5 - 79.0 [3.1 - 5.0] 35 [50] 79.1 - 158.0 [5.1 - 10.0] 0 [0] 158.1 - 189.6 [10.1 - 12.0] (35) [ (50) ] 189.7-221.2 [12.1 - 14.0] (65) [(100)] 221.3 - 252.8 [14.1-16.0] (95) [(150)] Over (252.8) [Over 16.0] Corrective Action Corrective Action Table 2360.7-C6C * Initial Profile Index for 5mm [0.2 inch] blanking band * Typically, single lift constnlction 2360.8 METHOD OF MEASUREIVIENT A Asphalt Mixture Asphalt nuxture of each type will be measured separately by mass, based on the total quantity of material hauled from the mixing plant, with no deductions being made for the asphalt 111aterials. B Blank C Asphalt lVIixtures Measured by the Square Meter [Square Yard] per Specified (mm [inch]) and for :Mixtures Measured by the [Square Yard inch] Asphalt mixture of each type and for each specific lift will be measured separately by area and by thickness on the basis of actual final dimensions placed. The constructed thickness sha1l111eet tolerances set forth in Sections 2360.7A. Page 48 of 48 SECTION 02770 CONCRETE CURB AND GUTTER PART 1- GENERAL 1.01 SECTION INCLUDES A. Construction of cast-in-place concrete curbs, and concrete curb and gutter. 1.02 RELATED SECTIONS A. Section 02720 - Aggregate Base Course. 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 - Prefoffi1ed 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. 1.05 SEQUENCING Al"JD SCHEDULING A. Install concrete curb and gutter within 1 week after aggregate base has been completed and approved. B. Concrete curb and gutter construction precedes installation of pavement. 000034-03149-0 9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-1 CONCRETE CURB AND GUTTER PART 2 - PRODUCTS 2.01 MATERIALS: A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein: 1. Portland Cement: Confonn 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 III 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-Foffi1ed Joint Filler: Confoffi1 to MnDOT Spec. 3702. C. Curing Compound: Confoffi1 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 indicated on the Drawings. C. Constmct the style or type of curb and gutter as shown on the Drawings. D. Constmct transition sections at inlet stmctures to conform to the detail on the Drawings. E. Constmct curb transitions for driveways to confoffi1 to the detail on the Drawings. Locations to be verified by Engineer at the time of constmction. 000034-03149-0 C9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-2 CONCRETE CURB AND GUTTER F. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. G. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. 3.02 FOUNDATION PREPARATIONS A. Suppoli on a compacted aggregate base: 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 02720 - Aggregate Base Course. 3.03 FORlvIS A. Confonn 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. b. Placement at service line trenches conform to the detail on the Drawings. 3.06 PLACING Al\TD 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. 000034-03149-0 i!::: 2005 Bonestroo, Rosene, Anderlik & Associales, Inc. 02770-3 CONCRETE CURB AND GUTTER 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 temperatures fall below 400 during placement or within the follo\ving 24 hours shall conform to MnDOT Spec. 2531.3G1 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. Final Grading: a. Following completion of private utility work by others. 3. Curb damaged during backfilling is the responsibility of the Contractor. 000034-03149-0 ~ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-4 CONCRETE CURB AND GUTTER 3.09 WORK1\1ANSHIP Ai\JD FINISH A. Confonn to MnDOT Spec. 2531.3K, except as modified herein: 1. Any deviation in the design curvahlre of concrete edges in excess of 3/8 of an inch, measured with a 10 foot straight edge, will be considered unacceptable. 2. Acceptance of work by price reduction will not be allowed. 3.10 MEASUREMENT AL'ID PAYMENT A. Bid Items have been provided for Concrete Curb and Gutter. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line for each type. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. B. No separate measurement or payment for modifications at transition sections or at catch basins. C. A Bid Item has been provided for Curb Insulation Blanket. Measurement will be per Linear Foot of blanket installed. The total covered length will be measured, there will be no measurement of overlap. Payment will be considered compensation in full for providing and installing the blankets, maintaining the blankets during the initial curing period, and removing the blankets when deemed appropriate by 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 000034-03149-0 C9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02770-5 CONCRETE CURB AND GUTTER SECTION 02920 LAWNS AND GRASSES PART 1 - GENERAL 1.01 SECTION INCLUDES A. Restoration of construction area by installation of topsoil, seed, soil amendments, mulch, and erosion control. 1.02 RELATED SECTIONS A. Section 02931 - Pond Seeding and Planting. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2575 - Turf Establishment. 2. 3877 - Topsoil Borrow. 3. 3881 - Commercial Fertilizer. 4. 3882 - Mulch Material. 5. 3885 - Erosion Control Blanket. B. "Minnesota Department ofTranspOliation Seeding Manual 2000," (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide source and invoice for seed to be used for this Project. 1.05 QUALITY ASSURAl"TCE A. At the conclusion of the establishment period, which will be 1 year following initial installation, a final inspection of planting will be made to determine the conditions of areas specified for 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. 000034-03149-0 cg 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02920-1 LA WNS AND GRASSES 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. See Section 2931 - Pond Seeding and Planting. D. Mulch: Confoffi1 to MnDOT Spec. 3882. E. Erosion Control Blanket: Confoffi1 to MnDOT Spec. 3885. PART 3 - EXECUTION 3.01 EXAi\1INATION A. Review restoration areas with the Engineer. Determine 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. 3.02 PREPARATION A. General: Confoffi1 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./1000 sq. ft.). 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02920-2 LA WNS AND GRASSES 2. Where soil pH is lower than 5.5, apply ground limestone at 3 tons per acre (140 lbs./1000 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./1000 sq. ft.). D. Sowing Seed: Conform to MnDOT Spec. 2757.3. 3.04 EROSION CONTROL BLAt~T A. Erosion control blanket shall be installed immediately following seeding m accordance with MnDOT Spec. 2575.3. B. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. 3.05 HYDROMULCH A. Apply Hydromulch in Conformance with MnDOT Spec. 2575.315: 1. Hydromulch shall be applied in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 3.06 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 constmction 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. 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02920-3 LA WNS AND GRASSES 3.07 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Topsoil Borrow. Measurement will be based upon units of Cubic Yard, Loose Volume. The actual quantity installed, in accordance with specification, multiplied by the appropriate Bid Unit Price will be considered payment in full for all work and costs of this Bid Item. B. A Bid Item has been provided for Erosion Control Blanket. Measurement will be based upon units of square yards of blanket installed complete in place as specified. The actual quantity installed multiplied by the appropriate Bid Unit Price will be considered payment in full for all work and costs of this Bid Item. C. Seeding will be paid in accordance with Section 02391- Pond Seeding and Planting. 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 000034-03149-0 '9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02920-4 LA WNS AND GRASSES SECTION 02930 TREES, SHRUBS, AND PERENNIAL PLANTS P ART 1 - GENERAL 1.01 SECTION INCLUDES A. Bed preparation, plant pits, pruning, planting, supplements, backfill, wrapping, staking, protection, and maintenance. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 2571 - Plant Installation. 2. 3861 - Plant Stock. 3. 3877 - Topsoil Borrow. 4. 3881 - Commercial Fertilizer. 5. 3882 - Mulch Material. 1.03 DEFIN1TIONS A. Weeds: For the purpose of this Project, a weed is a plant that inhibits the establislunent of species listed in article MATERIALS. Weeds may include but are not limited to: Jimsonweed, quackgrass, morning glory, mustard, lambsquarter, chickweed, cress, crabgrass, canada thistle, tansy ragwort, bermuda grass, ragweed, pigweed, jolmson grass, bindweed, bentgrass, vvild garlic, smooth brome grass, european buckthorn, glossy buckthorn, tatarian honeysuckle, black locust, and spotted knapweed, siberian elm. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01330 - Submittal Procedures: 1. Product Data: Provide all nursery stock submittal materials in accordance with MnDOT Spec. 2571.A2. 000034-03149-0 \9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02930-1 TREES, SHRUBS, AND PERENNIAL PLANTS B. Quality Assurance: 1. Nursery Experience: List of completed past projects. 2. Installer Experience: List of completed past projects. 3. Fertilizer Manufacturers Certificate of Compliance. 1.05 QUALITY ASSURANCE A. Qualifications: 1. Nursery: Company specializing in growing and cultivating the specified plants with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in installing and planting the specified plants with a minimum of3 years documented experience as represented by a list of completed past projects. B. Fertilizer Manufacturer's Certificate of Compliance: Written documentation verifying compliance with chemical analysis of fertilizer furnished. Submit to Engineer 5 days prior to bulk delivery. 1.06 REGULATORY REQUIREMENTS A. Comply with regulatory agency requirements for fertilizer and herbicide compositions. 1.07 DELIVERY, STORAGE, AND HAl".TDLING A. Nursery Stock: 1. Deliver all materials in accordance with MnDOT Spec. 3861.2. 2. Deliver stock after planting preparations have been completed and plant immediately. B. Fertilizer: 1. Deliver small quantItles in waterproof bags showing weight, chemical analysis, and name of manufacturer. Advance approval by the Engineer is required prior to bulk delivery in containers or by truckload. 000034-03149-0 i9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02930-2 TREES, SHRUBS, AND PERENNIAL PLANTS 1.08 PROJECT SITE CONDITIONS A. When excavation is required for planting, locate and protect all adjacent underground utilities. B. Protect established turf areas during planting operations. 1.09 SEQUENCING AND SCHEDULING A. Planting Seasons: 1. Spring: April 15 to June 15. 2. Fall: August 20 to October 1. 3. Other Dates: At the approval of the Engineer. PART 2 - PRODUCTS 2.0 1 MATERIALS A. Topsoil: 1. Salvaged from onsite excavations, stockpiled, and reused. Remove rocks over 1 inch in size. 2. Topsoil Borrow: Conform to MnDOT Spec. 3877.2B. B. Mulch: 1. Conform to MnDOT Spec. 3882. 2. Type 6 - Wood Chips. C. Fertilizer: 1. Conform to MnDOT Spec. 3881. 2. Complete Fertilizer: 50 percent of the nitrogen derived from natural organic sources or ureaform. 3. Spring Planting: 8 percent nitrogen, 16 percent phospholic acid, and 8 percent potash. 4. Fall Planting: 10 percent nitrogen, 8 percent phosphoric acid, and 6 percent potash introduced the following spring. 000034-03149-0 19 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02930-3 TREES, SHRUBS, AND PERENNV\.L PLANTS D. Plant and Nursery Stock: Confornl to MnDOT Spec. 2571 and 3861 as follows: 1. Pruned and shaped prior to digging and balling. 2. Prune all bare roots and basal sprouts. 3. Remove all dead, rubbing, damaged, or diseased branches. 4. Prune trees to give tree a uniform and symmetrical shape. 5. Leave leaders intact while removing all stubs. 6. The following species should be planted in the numbers and locations specified on the drawings: Symbol Common Name Scientific Name Size Qty Trees AR Red maple Acer rubrum 2" B&B 8 LL Tamarack Larix laricina 6' B&B 6 QB Swamp white oak Quercus bicolor 2" B&B 8 Shrubs CS Red osier dogwood Cornus stolonifera 2 gal. Cont. 47 SC American elder Sambucus Canadensis 2 gal. Cont. 16 VL Nannyberry viburnum Viburnum lentago 2 gal. Cont. 24 E. Peat Humus: FS Q-P-166 decomposed peat with no identifiable fibers, pH range suitable for intended use. 2.02 ACCESSORIES A. Tree Wrapping: 2 ply asphalt cemented crepe paper furnished in strips. B. Stakes: Softwood, pointed end, free of defects, or rolled steel posts. C. 'Wire Ties and Guys: Minimum 12 gauge, twisted 2 strand, pliable galvanized steel. D. Plant Protectors for Guy Wires: 1. Minimum 10 inches wide, 40 mil thick polyethylene or polypropylene, no rubber or plastic hose permitted. 2. Length: 16 inches long. 000034-03149-0 :"9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02930-4 TREES, SHRUBS, AND PERENNIAL PLANTS E. Safety Flags for Guy Wires: 1. Material: Fluorescent orange surveyor's plastic tape. 2. Length: Minimum 6 inches. F. Soil Amendments: Porous ceramics and hydrophilic absorbing polymers used to modify the physical characteristics of poor soils by balancing or managing water and oxygen in the soil will be reviewed for approval based on the information provided by the product label and the manufacturer's recommendations. G. Water: Non-deleterious to plants or animals. H. Rodent Protection: Conform to MnDOT Spec. 2571.2C4. P ART 3 - EXECUTION 3.01 PLANT INSTALLATION A. Layout: 1. Layout individual tree and shrub locations and areas for multiple plantings. 2. Stake locations and outline areas. Center holes at staked locations. 3. Do not start planting work until layout is approved by the Engineer. 4. Make minor adjustments as required. B. Preparing Plant Holes: 1. Do not begin work on plant holes until after finish grading has been completed. 2. Identify root flare on trees as described in MnDOT Spec. 2571.3F. 3. Cultivate planting holes and beds by thoroughly loosening and tilling the soil to a depth that will allow the bottom of root ball to sit on undisturbed soil and root flare will be at finished grade elevation of the soil as described in Drawing Details and MnDOT Spec. 2570.3F. Planting holes should be 3 to 5 times the width of the root ball 4. Thoroughly incorporate and mix the required soil amendments into the loosened soil to the planting depth. 000034-03149-0 :g 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02930-5 TREES, SHRUBS, AND PERENNIAL PU.NTS 5. Prepare the Soil in the Following Proportions: a. Topsoil: 4 parts select borrow by volume. b. Peat Humus: 1 part by volume. c. Fertilizer: 3 pounds per cubic yard of soil. d. Mix until thoroughly blended. 6. Loosen planting areas until compaction tester readings are less than 1400 kPa. 7. Remove foreign materials and undesirable plants and their roots. Do not bury foreign material beneath areas to be landscaped or restored. Remove contaminated subsoil. 8. Rototil or aerate any planting soil compacted by operations. C. Pnming: Prune immediately prior to planting to remove stock damaged during transport and movement. D. Placement: 1. Balled and Burlapped: a. Set balled and burlapped (B&B) stock on undisturbed soil at bottom of planting hole or on layer of compacted planting soil mixture, plumb, and in center of pit or trench so that the root flare will be at finished grade elevation of the soil as described in Drawing Details and MnDOT Spec. 2571.F. b. Remove all burlap and nails to expose at least the top third of the soil ball or remove at least the top 2 horizontal rings on wire baskets if used instead of burlap. Remove all twine and rope. c. When set, place additional backfill around base and sides of ball, and work each layer to settle backfill and eliminate voids and air pockets. d. When excavation is approximately 2/3 full, water thoroughly before placing remainder of backfill. e. Repeat watering until no more is absorbed. f. Water again after placing final layer of backfill. 000034-03149-0 @ 2005 Boneslroo, Rosene, Anderlik & Associates, Inc. 02930-6 TREES, SHRUBS, AND PERENNIAL PL\NTS 2. Container: a. Set container-grown stock, same as for balled and burlapped stock, except cut cans on sides into quarters with shear and remove container. b. Remove container to conform to MnDOT Spec. 2571.3F3 to avoid damage to root ball. c. Place backfill and water as described for Balled and Burlap Stock. E. Remove surplus subsoil and topsoil from Project Site. 3.02 WATERING A Water each plant within 2 hours of planting. B. Water to thoroughly saturate all planting soil. C. Bring planting soil to specified level within 5 days of initial watering and saturate additional soil. D. Water all plants thoroughly as soil moisture is depleted (at least once per week during periods of average rainfall) until the work is accepted. 3.03 MULCHING A Place mulch material as described on details within 48 hours ofthe second wateling, unless otherwise approved by Engineer. Dish top of backfill to allow for mulching. B. Mulch (Type 6): For trees, provide not less than 4 inch thickness of mulch and work into top of backfill and finish to maintain dish or level with adjacent finish grades as shown in the Drawings. For other plants, provide mulch depth as indicated on details. 3.04 PROTECTION A General: 1. Protect landscape work and materials from damage due to landscape operations, operation by other contractors, trades, and trespassers. 2. Maintain protection during installation and maintenance periods. 000034-03149-0 iQ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02930-7 TREES, SHRUBS, AND PERENNIAL PL\NTS B. Trees: 1. Guy and stake trees immediately after planting if needed due to potential wind damage. Conform to MnDOT Spec. 2571.3J. Follow Drawing Details assuring that wires have slack to allow tree to move and develop strong trunk. 2. Inspect tree tnmks for injury, improper pruning, and insect infestation/disease and take corrective measures before wrapping. 3. Wrap trees at end of growing season and remove prior to following growing season. Wrap all trees from the ground to the first major branch. 4. Install rodent protection. 3.05 CLEAL"illP AND RESTORATION A. During landscape work keep pavements clean and work area in an orderly condition. B. Treat, restore, or replace in kind turf, sod, plantings, or other facilities damaged by Contractor's operations. C. Remove all excess excavated soils from plant holes from the Project Site. D. Collect and dispose of all excess materials, packaging, and containers. 3.06 MAINTENAL"JCE A. Begin maintenance immediately after planting. B. Maintain plant life for 3 months after acceptance by the Engineer. C. Trees, Shrubs, and Plantings: 1. Trim, prune, remove clippings and dead or broken branches, treat pnmed areas and other wounds. Do not prune oak species between April 15 and June 1 to prevent infection by oak wilt. 2. Cultivate and weed as required for healthy growth, including plant beds and tree pits. 3. Restore planting saucers. 4. Tighten, repair, or replace stakes, turnbuckles, and guy supports. Reset trees and shrubs to proper grades or vertical position as required. 5. Restore or replace damaged wrappings. 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02930-8 TREES, SHRUBS, AND PERENNIAL PLANTS 6. Treat stock with appropriate pest control measures as required to keep trees and shrubs free of insects and disease. 7. Irrigate to moisten root system and maintain healthy growth. D. Application of Herbicides and Pesticides: 1. Apply pesticides for weed, insect, and pest control III accordance with manufacturer's instructions. 2. Remedy damage resulting from pesticide use. 3.07 INSPECTION AL"ID ACCEPTANCE A. Landscape work will be inspected for acceptance in parts agreeable to the Engineer, provided work offered for inspection is complete, including maintenance for the portion in question. B. 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 landscaping. C. When inspected landscape work does not comply with requirements, replace rejected work and continue specified maintenance until re-inspected by Engineer and found to be acceptable. Remove rejected plants and materials from the Project Site. 3.08 MEASUREMENT AND PAYMENT A. Bid Items have been provided for Trees. Measurement will be each for Trees, for species, variety, and size range, furnished and planted in accordance with the Drawings. Payment will constitute compensation in full for all work and costs to furnish and install material in place. B. Bid Items have been provided for Shrubs. Measurement will be each for Shrubs, for species, variety, and size range, furnished and planted in accordance with the Drawings. Payment will constitute compensation in full for all work and costs to furnish and install material in place. C. Mulching and Fertilizer will be considered incidental to the planting specified. 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 000034-03149-0 @ 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02930-9 TREES, SHRUBS, AND PEREN'NLAL PLANTS SECTION 02931 POND SEEDING AND PLANTING PART 1- GENERAL 1.01 DESCRIPTION A. This work consists of seeding and mulching that takes place above the Normal Water Level (NWL) of the pond and planting wetland plants just below the (NWL) of the pond. B. Definitions: 1. Weeds: For the purpose of this Project, a weed is a plant that inhibits the establishment of species listed in materials (Section 2571.2). Weeds may include but are not limited to: quack grass, canada thistle, ragweed, pigweed, bentgrass, european buckthorn, glossy buckthorn, tartarian honeysuckle, black locust, and spotted knapweed, reed canary grass, and kentucky bluegrass. 2. Normal Water Level (NWL): For purposes of this Section, it is the point at which the water elevation is at its final outlet elevation for the pond. The property owner should be contacted to determine the NWL of the Lake. C. Submittals: 1. Product Data: Provide nursery source(s) and invoice(s) for seed and plants to be purchased for this Project. 2. Qualifications: a. Nursery: Company specializing in growing and cultivating the specified plants and native seed with documented experience as represented by a list of completed past projects. b. Installer: Company specializing in installing and planting the specified plants with a minimum of 3 years documented experience as represented by a list of completed past projects. 3. Producer's Certificate of Compliance: Written document-verifying compliance of mixture of seed furnished and wetland plants furnished. Submit to the property owner 5 days prior to delivery. Include percentage of various seed species mix, year of production, net weight, date of packaging and location of packaging, seed bags/tags (germination rate, weed seed content), species and source of wetland plants, and copy of seed dealer's invoice. 000034-03149-0 i1d 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02931-1 POND SEEDrNG AND PLANTrNG D. Delivery, Storage, and Handling: 1. Seed: a. Deliver seed mixture in sealed, undamaged containers. b. Protect seed from moisture prior to use. 2. Wetland Plants: a. The plants are subject to inspection by the Engineer prior to planting. Inspection and acceptance or rej ection of plant stock will be done at the Project Site. b. Deliver stock after planting preparations have been completed and plant immediately. c. Keep stock adequately moist prior to planting. d. Protect stock from damage during delivery and handling. 1.02 MATERIALS A. Native Seed Mixtures: Tabulations for the seed mixture contain the standard rates as per Table 2575-1 of the Standard Specifications for Construction Manual, which are based on seed being broadcast or hydro seeded and are listed in the following tabulation under "broadcast" rates. Also included are recommended rates for drill seeding using a Truax-type native grass drill. Drill rates are approximately 60 percent of the broadcast/hydro seeding rates. vVhen standard (broadcast) rates are used with a drill, more than 1 pass should be made over the site to get all of the seed into the ground. B. Seed: Conform to MnDOT Spec. 3876.2, Seed Mix 25B. C. Seed: Conform to MnDOT Spec. 3876.2, Seed Mix 340 wi Dry Forbs: 1. General Requirements: a. Requirements for production, origin, definition of wild type, and treatments shall be adhered to as outlined in "MnDOT Seeding Manual 2000." 000034-03149-0 i1:J 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02931-2 POND SEEDING AND PLANTING b. Approved Vendors/Sources: All native grass and forb seed shall be purchased from an approved vendor or source for native seeds. All bags of seed shall be labeled with the species, contents by weight and mixture number (where appropriate), and the vendor from which it was purchased. c. Native grass mixtures to be seed m locations identified on Drawing. D. Wetland Plants (as shown on Drawings): vVetland Plants Symbol Common Name Scientific Name Size Qty SL Arrowhead Sagittaria latifolia 4"pot 40 SV Softstem bulrush Scirpus validus 4"pot 80 PC Pickerel plant Pontederia cordata 4"pot 40 SE Giant bur-reed Sparittaria latifolia 4"pot 40 E. Cover Crop: Temporary cover crop of oats, planted at a rate of 80 lbs/acre. F. Fertilizer, Lime, or Other Soil Amendments: No soil amendments are required for areas to be planted with native seed on this Project. G. Mulch: Clean wheat or oat straw at 1.5 ton per acre. H. Herbicide: Rodeo herbicide. 1. Temporary goose fencing. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A. Sequencing and Scheduling: 1. Planting Seasons: a. Spring: April 15 to June 15. b. Fall: August 20 to October 1. 000034-03149-0 ':9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02931-3 POND SEEDING AND PLANTING B. Plant Installation and Seeding: 1. Seedling and planting locations are shown on the attached planting Drawing. 2. Remove foreign materials, undesirable plants, and their roots. Do not bury foreign material beneath areas to be landscaped or restored. Remove contaminated subsoil. 3. Weed Removal: a. The wetland/pond areas with actively growing vegetation shall have Rodeo herbicide applied as per manufacturer's directions. Allow a minimum of 7 days before disturbing area with other procedures as shown on the planting Drawing (area outside wetland/pond sites). ~ applications should be completed before seeding and planting. 4. Installation Methods for Seeded Native Grass and Forb Areas: a. Project Site Preparation: The Project Site should be prepared by loosening topsoil to a minimum depth of 65 mm. b. Seed Installation: Seed should be installed with a seed drill that will accurately meter the types of seed to be planted and keep all seeds uniformly mixed during the drilling (Truax - Type). The drill should contain a minimum of 2 seed boxes; a fine seed box, and a box for large/fluffy seeds, and should be equipped with disc furrow openers and packer assembly to compact the soil directly over the dlill rows. Maximum row spacing should be 200 mm. Fine seed should drop seed onto the ground surface from the fine seed box. This can be accomplished by pulling out the plastic tubes feeding seed into the drill furrows. Large/fluffy seed should be placed to obtain a final planting depth of 6 mm. All drill seeding should be done at a right angle to surface drainage. c. Seed Rates: The seeding rate shall be split in half and 2 passes shall be made over the entire Project Site. d. A temporary cover crop of oats must be planted at a rate of 80 lbs/acre within 7 days of pond construction for all disturbed upland areas completed before September 15. e. Harrowing: The Project Site should be lightly harrowed or raked following seeding. 000034-03149-0 \9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02931-4 POND SEEDING AND PLANTING f. Packing: Pack the Project Site following harrowing to insure a firm seed bed. g. Mulch: Mulching of all disturbed areas to be done using clean wheat or oat straw at 1.5 ton per acre. Mulch shall be disc anchored in areas planted with temporary and permanent seed. 5. Wetland Plants: a. The Contractor will submit a planting schedule to the Engineer 21 days in advance of the work. The Engineer will be present at the start of the planting work to oversee proper execution of the Bidding Specifications. b. The plants will be planted in the areas shown on the Drawing, adjacent to the shoreline and water 1 to 6 inches in depth. Plants will be planted in groups of 5 to 9 plants of each species, with individual plants approximately 1 foot o.c., and distributed around the pond area within the band of shallow water in disturbed areas identified on the Drawing. c. The planting will be done between May 1 and September 30 or as directed by the Engineer. d. Temporary goose fencing will be installed along the wetland's pennanent water line perimeter at the time of plant installation, or around the groups of plants. The fence will be capable of detening geese from entering the seeding and seedling planting areas. 6. Maintenance: 000034-03149-0 iQ 2005 BonestToo, Rosene, Anderlik & Associates, Inc. a. Mowing: Dates for mowing will be coordinated with City Staff, based on development of the planting. Mowing will be conducted on seeded areas when the vegetation exceeds an approximate height of 12 inches. Anticipated dates for mowing in the first full growing season after planting are as follows: 1) Spring Mowing: June 1 - June 30. 2) Fall Mowing: August 15 - September 1. 02931-5 POND SEEDING AND PL\NTING 3.02 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for MnDOT Seed Mix 25B With Fiber Blanket. Measurement will be based upon units of acres of seed and fiber blanket installed complete in place as specified, including installing topsoil; soil amendments (fertilizer); furnishing and installing seed; furnishing and installing Straw Type 2S fiber blanket; preparation of surface maintenance; and all incidental items associated with the work. The actual quantity installed multiplied by the appropriate Bid Unit Price will be considered payment in full for all work and costs ofthis Bid Item. B. A Bid Item has been provided for MnDOT Seed Mix 340. Measurement will be based upon units of acres of seed installed complete in place as specified, including installing topsoil; soil amendments (fertilizer); furnishing and installing seed; preparation of surface maintenance; and all incidental items associated with the work. The actual quantity installed multiplied by the appropriate Bid Unit Price will be considered payment in full for all work and costs ofthis Bid Item. C. Bid Items have been provided on the Bid Form for various types of wetland plants to be planted around the ponds as shown on the Drawing. Measurement will be per each type of plant fumished and planted, in accordance with the Drawing. Payment will constitute compensation in full for all work and costs to furnish and install material in place as specified. 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 000034-03149-0 i9 2005 Bonestroo, Rosene, Anderlik & Associates, Inc. 02931-6 POND SEEDrNG AND PLANTrNG 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 Nationa.l Society of Professional Engineers" ProfessiOl'tJI ~ngineers in Private Practice ..\.'.I"f\lL.\:' t>.-'L':-'C;L l;;' E."GJSLU(I~(' CU:.ll'.\:"lb PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS At\1ERICAt~ COUNCIL OF ENGINEERING COMPANIES AtvIERICAt~ SOCIETY OF CIVIL ENGII\TEERS This document has been approved and endorsed by The Associated General Contractors of America ~ Knowledge for Creating ~ ana Sustaining the Built Environment Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Sociely of Professional Engineers for EJCDC. All rights reserved. 00700 - 1 Copyright <92002 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, V A 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-OO 1) (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 19 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..............................................................................................................6 1.01 Defined Terms. ............ ... .............. ....... ... ........ ... .......... .......... ............ ...... ........ .......... ............... ..... ....... ....... ..... ..... ...6 1.02 Terminology........................................................................................................................ .....................................8 ARTICLE 2 - PRELIMINARY MATTERS ......... ............. .............. ......... ................. ..................... ..... ........................................ 9 2.0 I Delivo}' of Bonds and Evidence of Insurance .........................................................................................................9 2.02 Copies of Docum ents ................................................................................................................................... ............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 P reconstruction Conference................................................................................................................................ .....9 2.07 Initial Acceptance of Schedules .......... .......... .... .................. ........... ..... .......... ... ..................... .............. ..................... 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, A1\tIENDING, REUSE....................................................................... 10 3.01 Intent..........................................................................................:................................ ...........................................10 3.02 Refe rence 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 ENVIRONMENT AL CONDITIONS; REFERENCE POINTS ................................................................................................11 4.01 A vailability of Lands ..............................................................................................................................................11 4.02 SubsUlface and Physical Conditions ...... ........ ...... ........................... ......................... .............. ....... ...................... ...12 4.03 Differing Subsurface or Physical Conditions. ... ......................................... .... ..... ... .................. ..............................12 4.04 Underground Facilities ... .................. ... .......... '" ........ .......... .................... ....... ............. ....... ............ ..... ... ............ ....13 4.05 Reference Points ....................... ...... ..... ............. .......... .......... ............ ...... ........ ..................... .......... ... ............ ....... ..13 4.06 Hazardous Environmental Condition at Site .........................................................................................................13 ARTICLE 5 - BONDS AND INSURANCE .............................................................................................................................14 5.01 Pelformance, Payment, and Other Bonds..............................................................................................................14 5.02 Licensed Sureties and Insurers ..............................................................................................................................15 5.03 Certificates of Insurance ............ .............. ............. ......... ........... ........... .................... ........................... ...................15 5.04 Contractor's Liability Insu rance........................................................................................................................... .15 5.05 Owner's Liability Insurance ..................................................................................................................................16 5.06 Property Insurance .............. ....... ................. ..... ..... ....... ........ ................ .......... ....... ..................... .......................... .16 5.07 Waiver of Rights ..... ......................... ..... ..... ................... ......... .............. ............ ..... ..................... ......... ................... .17 5.08 Receipt and Application of Insurance Proceeds ....................................................................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................................................17 5.10 Partial Utilization, Acknowledgment of Property Insurer .....................................................................................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ..........................................................................................................18 6.01 Supervision and Superintendence .... ...... ............... ............................... .................................... ......... ..... ....... .........18 6.02 Labor; vVorking Hours.... ...................................... ........ ...... ............. ....... ............... .............. ............... .......... ....... ..18 6.03 Services, lvlaterials, 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 Perm its..... .... .. . ...... . ... ..... ..... ...... ...... .. . .. ..... ... ... .. ... .. .. .. .. .. ... .. ..... ...... . .... ... .. ... .. .. ..... ... ... .. ... . .. . .. ..... ... ... .. .. ....... .......... .21 6.09 Laws and Regulations ....... ........ ........................... .......... ...................... ......... ........... ........................ ....... .............. .21 6.10 Taxes ..... ... ........... .... ... ........ ............. ... ....... ..... ... ... .... ........ ............. ....... ........ ............ ........ .......... ... .... ...... ... ......... ...22 6.11 Use of Site and Other Areas...................................................................................................................................22 6.12 Record Documents ..... ... ..... ............. ..... .......... ....... ...... ... ............... ... ..... ..... ...... ..... ... ... ... ........... .... ...... .......... ....... ..22 6.13 Safety and Protection.... ..... .......... .... ........ ......... ........ ............ .................. ......... ...................................... ....... ....... ..22 6.14 Safety Representative.................................................................................................................. ...........................23 6.15 Hazard Communication Programs ..... ..................... .... ......... ....... ..... ....... ....... ........................ ................. ............. .23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 6.16 Emergencies. ..... ............... ................... ............. ........ .................................... ........... ......... .................... ................ ..23 6.17 Shop Drmvings and Samples..................................................................................................................................23 6.18 Continuing the Work .............. ................. ............. ............... .............. .................... .......... ....... ..... ........................ ...24 6.19 Contractor's General Warranty and Guarantee ....................................................................................................24 6.20 Indemnification.................................................................................................................... ..................................24 6.21 Delegation of Professional Design Services ..........................................................................................................25 ARTICLE 7 - OTHER WORK AT THE SITE .........................................................................................................................25 7.01 Related Work at Site ...............................................................................................................................................25 7.02 Coo rdination ..................................................................................................................................... .................... .26 7.03 Legal Relationships.. .... .......... ......... ......... ..... ....... .......... ..... ................. .... ....... ...... .......... .......... ......................... ....26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ......................................................................................................................26 8.01 Communications to Contractor............................................................................................................................ ..26 8.02 Replacement of Engineer .... .............. ... ...... ..... ..... .......... ..... .............. ....... .......... ... ........... ......... .... ..... ..... ... ... ....... ..26 8.03 Furn ish Data............................................................................................................................... .......................... .26 8 .04 Pay When Due...................................................................................................................................... ................. .26 8.05 Lands and Easements; Reports and Tests ..............................................................................................................26 8.06 Insurance........................................................................................................................ ....................................... .26 8.07 Chang e 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 Owner's Representative..................................................................................................................... ................... .27 9.02 Visits to Site............................................................................................................................... .............................27 9.03 Project Representative................................................................................................................... ........................27 9.04 Authorized Variations in Work.......... ....... ........ ...... ..... ..... ........ ... ....... ........... ...... .............................. ................... ..27 9.05 Rejecting Defective Work ....... ...... ............. ........ ................... ............ ...... ........ ........................... ....... ............ ..........27 9.06 Shop Drawings, Change Orders and Payments .....................................................................................................28 9.07 Determinations for Unit Price Work. .............. ....... ........ ..................................... ............... ...... ....................... ..... ..28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................................................28 9.09 Limitations on Engineer's Authority and Responsibilities .....................................................................................28 ARTICLE 10 - CHAL"l'GES IN THE WORK; CLAIMS ...........................................................................................................28 10.01 Authorized Changes in the \Vork......... ............ ....... ........................................... .......................... ..................... ......28 10.02 Unauthorized Changes in the Work .......................................................................................................................29 10.03 Execution of Change Orders. .......... ....... ......... ..... ..... ..... ..... ...... ............... .......................... ...... .............. .............. ..29 10.04 Notification to Surety..... ................... ............... ...... ..... ............. ............. ........... ......... ...... ..... ....... ...... ............... ......29 10.05 Claims............................................................................................................................. .......................................29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT 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; CHANGE OF CONTRACT TIMES .....................................................32 12.01 Change of Contract Price ................... ............. ...... ........ .................... .................. ..... ......... ....... ....................... ......32 12.02 Change of Contract Times ........... ............. ........ ......... .................... ........ ............... .......... ........ ........... ..... ............. ..33 12.03 Delays........................................................................................................................... .........................................33 ARTICLE 13 - TESTS Ai\TD INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......33 13.01 Notice of Defects ... .......... .......... ........................ ..... ............................... ...................... ................... .................. ......33 13.02 Access to Work ................ ....... ...... ....................... ..... ............ .................. ...... ................... .......... ....... .................... ..33 13.03 Tests and Inspections.. ........... ........ .................................................. ........................ ........ ........ ..... ...... .......... ....... ..33 13.04 Uncovering Work............. ................... ................................ .......... .................... ........ ................ ...................... ....... 34 13.05 Owner lv/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 iHay Correct Defective Work......................................................................................................................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION...............................................................................36 14.01 Schedule of Values.... ............... ........... ............. ...... ..... ..................... ...... ............. ............. ............. ......... ....... ....... ..36 14.02 Pro g ress Payments........................................................................................................................ .........................36 14.03 Contractor's Warranty of Title... ....... ........................ ............................ ............... ......................... ..................... ...37 14.04 Substantial Completion.......................................................................................................................... ................37 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All righls reserved. 00700 - 4 14. 05 Partial Utilization........................................................................................................................... .......................38 14.06 Final Inspection....................................................................................................................... ..............................38 14.07 Final Paymen t ................................................................................................................................... .....................38 14.08 Final Completion Delayed ............... .... ....... .............. ......... ......... .... ... ........... ... .............. ... ..... .......... ....... ... ............39 14.09 Waiver of Claims ......................... ................ .............. ...... ............ .... ... ........... .... .... ..... ................ ........... ...... ...........39 ARTICLE 15 - SUSPENSION OF WORK AL~D TERMINATION .........................................................................................39 15.01 Owner May Suspend "\Vork............ ...................... ...... ............. ............ ...... ........ .......... ..... ............. ......... .......... .......39 15.02 Owner i\tlay Terminate for Cause ...........................................................................................................................39 15.03 Owner i\tlay Terminate For Convenience ...............................................................................................................40 15.04 Contractor i\tlay Stop Work or Terminate ..............................................................................................................40 ARTICLE 16 - DISPUTE RESOLUTION ................................................................................................................................41 16.01 i\tl et/zods and Procedures .......... ......... ............. ....... .......... ............. .......... ......... ......... ............. ....... ........... ...... ..... ...41 ARTICLE 17 - MISCELLANEOUS. ........... ....... .... ....... ........ ...... .................... ............ ... .................. .................. .... ...... ...... ......41 17.01 Giving Notice .............................. ......... ....... ........ ...... ........... .............. ............... ................ ............... .......... ............41 17.02 Computation of Times ...................... ......... .......... ........ ................ .... ... ........ ... ... .......... ....... ............... .... ..................41 17.03 Cumulative Remedies. ..... .............. ................. ........... ............. ......... ........... ....... ....... ....... ........... ..................... .......41 17.04 Survival of Obligations ..........................................................................................................................................41 17.05 Controlling Law......... ................. ...... ......... ...... ...................... ......... ....................... ............. .......... ........ ...... ...........41 17 .06 Headings.............................................................................................................................. ................................. .41 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND 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. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Ag reement-- The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. S. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder--The individual or entity who submits a Bid directly to Owner. 7. Bidding Requirements and the (including all Addenda). Docllments--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. Claim--A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract--The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Docllmentsu Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price--The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion: and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. ContractoruThe individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work--See Paragraph 11.0 LA for definition. 17. Drawingsu That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective. but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 20. Field OrderuA written order issued by Engineer which requires minor changes in the Work but which does not invol ve a change in the Contract Price or the Contract Times. 21. General RequirementsuSections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental ConditionuThe 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 WasteuThe 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. LiensuCharges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone--A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs--Polychlorinated biphenyls. 31. Petroleumupetroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule--A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material--Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative--The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values--A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop DrawingsuAIl 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. Specificatiolls--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 (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 7 administrative requirements and procedural matters applicable thereto. 44. SubcontractoruAn individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial CompletionuThe time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. . 46. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier--A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities--AII underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work--Work to be paid for on the basis of unit prices. 51. Worku The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. 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 word "Work," refers to Work that is faulty, or deficient in that it: modifying the unsatisfactory, a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or 52. Work Change 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 <9 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, P eTfo 1711, 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 Starring the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. PreliminGl)' Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A. procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor. Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be 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. E,TCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for E,TCDC. 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 DOCUNIENTS: AlvlENDING, 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 Revie'w 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 Peiformance 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. Copyrighl @ 2002 National Society of Professional Engineers for E,lCDC. All rights reserved. 00700 - lO (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 Contract Supplementing 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. interpretation or written 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 thereot) 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~rm 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 AJ.'l^D PHYSICAL HAZARDOUS ENVIRONMENT AL REFERENCE POINTS OF LANDS; CONDITIONS; CONDITIONS; 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically 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 <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 11 4.02 Subs/llface and Ph.vsical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor Oil 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, OpllltOnS, 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 Subs/llface 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 Revinv: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet anyone or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C.700 Standard General Conditions of the Conslruction Contract. Copyright <9 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. Shmvn or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the SLtpplementary 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 shO\vn or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2002 National Society of Professional Engineers for EJCDC. All righls 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 shal1 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 shal1 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 shal1 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 shal1 promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the ful1est extent permitted by Laws and Regulations, Owner shal1 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 al1 claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and al1 court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual" s or entity's own negligence. H. To the ful1est 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 shal1 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 AL'\!D INSURANCE 5.01 Pe/formance, 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 Ihe Construction Contract. Copyright @ 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 "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.0l.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 5.0l.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 deli ver 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: l. 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. 00700 - 15 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 certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Standard General Conditions of the Construction Conlract. Copyrighl <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents. consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C- 700 Standard General Conditions of the Construction Contract. Copyright (Q 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 sllch 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 Docllments, 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, !Ylaterials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 18 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2) 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.Al, it will be considered a proposed substitute item. 6.05 Substitutes and "Or-Equals" 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. 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. 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 .Al, 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 In 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; 3) it has a proven record of performance and availability of responsive service; and 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 b. Contractor certifies that. if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 19 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all vanatlons of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equaL" Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. Documents (or in the proVISIOns of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer .to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the! shall anything in the Contract Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute. Contractor shall also reimburse Owner for the Engineer to payor to see to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 20 or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer" and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Parenr Fees and Royalries 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 Permirs 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 Lmvs 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 <9 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 Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading 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, lavills, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of'the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 22 ings or Specifications or to the acts or omISSIons of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17 .D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified 111 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 l. 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 19 2002 National Society of Professional Engineers for EJ CDC, All rights reserved. 00700 . 23 a. Submit number of copies specified 111 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, the 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 @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work to 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 Warrant}' 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; S. 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 lndellln 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 such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17 .D.l. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJ CDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for E,fCDC. All righls resened. 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 l.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.0 1.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 (Q 2002 National Society of Professional Engineers for EJCDC. All righls 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 Envirolllnental Hazardous 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 OHner'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 vanatlons 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 Conlract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.0S.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 Authoriz.ed 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 19 2002 National Society of Professional Engineers for EJ CDC. All rig hIs reserved. 00700 - 28 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase 111 the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0 l.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 sLlch 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: l. 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 lO.OS.C or denial pursuant to Paragraphs lO.OS.C.3 or lO.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 19 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 COST OF THE WORK; ALLOW AL'\l"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 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.0 LB. 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 \Vork. 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 deli ver 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 11.0 I. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the 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 of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 . 30 resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01./\.1 or specifically covered by Paragraph 11.01./\.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 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. Conrractor'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. ElCnC C.700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for ElCne. 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 11.0 LB. 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; CHA1~GE OF CONTRACT TIMES 12.0 I Change of Comrac[ 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: I. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily 10 accordance with Paragraph 12.01.C2); 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 Contrac[or'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.Al and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A3, 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.C2.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.A1 and 11.01.A2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A4, 11.01.A5, and 11.0 1.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.C2.a through 12.01.C2.e, inclusive. 12.02 Change of Contract Times A The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 32 by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 13 TESTS Ai\lD INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTA1\ICE 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 thereot) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 33 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 defecti ve, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, 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 such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1l.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: I. repair such defective land or areas; or 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 <9 2002 National Society of Professional Engineers for EJ CDC. All rights reserved. 00700 - 34 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective 'Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner !VIay Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defecti ve Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAY:tYIENTS TO CONTRACTOR Al~D 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 Conslruction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 35 payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the 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 @ 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 Is.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 l4.02.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.s.a through 14.02.B.s.c or Paragraph Is.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.!. 14.03 Contractor's Warranty afTitle 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) retlecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to issuing the definitive certificate of Substantial EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJ CDC. 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 i111mediately 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 affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If. on the basis of Engineer's observation of A. Upon written notice from Contractor that the the Work during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's revievi 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 <9 2002 National Society of Professional Engineers for EJCDC. 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 At"-rD TERMINATION 15.01 Owner J'vlay 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 iVlay Tenninatefor 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 equip111ent. 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 <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 39 3. complete the Work as Owner 111ay deem expedient. C. If Owner proceeds as provided in Paragraph IS.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 IS.02.e, 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 5.0 LA, the termination procedures of that bond shall supersede the provisions of Paragraphs IS.02.B, and lS.02.C. 15.03 Owner lV/ay Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor lvIay 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 lvIethods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C.700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJ CDC. 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 1O.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 m 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 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provISIon of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 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 Sun'ival 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. Elcnc C.700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for ElCnC. AJI rights reserved. 00700 .41 7'1'7 March 30,2005 Mr. Doug Bergstrom Senior Consultant Braun Intertec Corporation 11001 Hampshire Avenue South ~eapolis,M~ 55438 Subject: Professional Services Agreement Dear Doug: Enclosed is one executed copy of the Professional Services Agreement. The agreement does not authorize Braun Intertec to undertake any work, but only provides the administrative and legal framework for any future work requested by the city. We look forward to continuing our working relationship. Sincerely, , ^ \~\ r~.~ ~..--\ C:~~~l.\ \\~ ~~~\\ Kirk McDonald Community Development Director Enclosure Cc: Dan Donahue, City Manager Valerie Leone, City Clerk CITY OF NEW HOPE 4401 Xylon Avenue North · New Hope, Minnesota 55428-4898 . V,'VV>V. ci.new-hope.mn.us City Hall: 763-531-5100. Police (non-emergency): 763-531-5170. Public Works: 763-592-6777. TDD: 763-531-5109 City Hall Fax: 763-531-5136 · Police Fax: 763-531-5174. Public Works Fax: 763-592-6776 Braun Interlec Corporation ..., '-'-, ,~,.~. - e"',/-,,"'.,,""' '''1JL.,;,'Y:J.LU\.,)U INTERTEC hvsnue 2; tc>:' '-', --~. ,,-,,,--,.- ....,^,...;..~., '''I.) L. '-:,"-1 J.. L i,j .i..'",' v'veo' orc-.)n;nrerrec.cc""" March 22, 2005 Kirk McDonald Director of Community Development City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Professional Services Agreement Dear Mr. McDonald: Enclosed is the Professional Services Agreement that we discussed this morning. The agreement itself does not authorize Braun Intertec to undertake any work, but only provides the administrative and legal framework for any future work requested. Such future work would be governed by a brief Proposal Letter, specific to a particular task(s), that would reference the terms of the PSA, as well as define the scope, schedule and budget of the task(s). We have enclosed two signed copies of the PSA. If you find the PSA acceptable, please sign and date one copy and return to us for our files. We appreciate the opportunity to provide out professional services to the City of New Hope. If you have any questions, please feel free to contact me at 952.995.2498. Sincerely, BRAUN lNTERTEC CORPORATION C ~ II i'i '\ J XJ i } c--.., \-:! if a-~/~ Do~las J..Be~;dom Senior Consultant Enclosures 05\mktg\Pro Svcs Agreement Providing engineering and environmenwl solufions since 1957 INTERTEC @f Call To: )G\rl ~1L~~ nome ~~ ~cf~ AtL iirm !-rom: name TifrT! Dote: 1fa~/o 5 Time ~~SS ""'"" Di5~ussi@ns @rReC@mFll1endati@ns: Ours J: ~l CC9JvtcJ W<S..,{ ~S,5r;", ~8~ (~C( (f<<~iL? ~~ IMOVL is C-'0 ~ 'I ~. -:c WtL~ "ClEW '-1) L..J/ Lt-q- I ' - (.-JCMlcL l,'b 1D >~.c!. '7&,-< ~V>-< (;;~t'i"t) Se..r-...)\C0 co-"Lr","~..J- 10 ~00Cr'-1 Ci/e; C~ ~lL ~ ;4:>2:> ~,,-5t dDf'::S iLl (&W,,\ ~3 vel. -e,....vLl.! . ()A.-'€,.) ~ ~ pVlPi-~ C\.c..cul .s~ + ve...d e..velv PII"'.d- ~ 1 - cSt, 1f( vl ~c.Jc wi Y(;LA iJM~0 Q)~ ~( (;(.;3) 531- CSW1 onone O!ione wclcfJ Theirs '>-- -.f....2- ~i"tC - c1cv(~'" :',;( Lt e.j ~rcitt~ o:oJde..'..J - ~o d I tee, la3 ,.),.);iR. I) 10~ 5f3t,:o" ~ ,!'eS Crt- vLD..J r tLe4 5e- s~ (/H... €..<-v1 "- ( / I Jt: vi offer .1--1 o5~ ~ -h.-.-rv-ve \refc"NA = -~6d P~rr"ri...,. ~ ~'eLzI 't vV\..~\ (C) / S~ceJ CU-.-~ -';) L l~u "-I ~~. kJ~ ~ : 'l~<r~ 4;l{~p distonce coIl rime ~ time enginecrinc: {lnti t'll'.)irCiHi7lCnu:l since 1957 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made this 25 day of March, 2005, by and between~ City of New Hope (hereinafter called "Client") and BRAUN INTERTEC CORPORATION, a Minnesota corporation (hereinafter called "Braun Intertec"), sets forth the terms and conditions pursuant to which Braun Intertec may, from time to time, provide Client with professional servIces. The contract documents that comprise the entire agreement between Client and Braun Intertec concerning the Work consist of this Agreement, the Proposal Letter, insurance certificates, change orders, and additional documents specific to the particular job, as listed in the Proposal Letter, and together they set forth the terms and conditions under which Braun Intertec will provide Client with the Services described therein. All contract documents described in this section are a part of this contract, though they may not be attached to this contract or repeated herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, Client and Braun Intertec hereby agree as follows: 1. Braun Intertec Responsibilities. 1.1 Services. Client may, in its sole discretion, from time to time request that Braun Intertec perform professional services pursuant to the terms of this Agreement. If Braun Intertec is unwilling or unable to perform the requested Services, Braun Intertec shall promptly notify Client's representative. Client will authorize such work by signing a Proposal Letter prepared by Braun Intertec at Client's request. Said Proposal Letter will reference this Agreement, and, if authorized by Client, Braun Intertec shall perform the Services authorized pursuant to the terms of this Agreement and in a professional manner that is consistent with the degree of care and skill ordinarily exercised under similar circun1stances by reputable members of its profession practicing in the same locality. 1.2 Timing. Braun Intertec shall perform the Services in each Proposal Letter in the sequence and time that is required by the progress and nature of the Project. If Braun Intertec is delayed in the performance of the Services by actions or neglect of Client, by changes ordered in the Services or by other causes beyond the control of Braun Intertec, then the time shall be extended in \vTiting and compensation to Braun Intertec will be adjusted as agreed between the parties. 1.3 Budget. Braun Intertec agrees that its compensation for Services authorized pursuant to this Agreement shall be based upon its then current Schedule of Charges, which is adjusted annually, or as may be othenvise negotiated by Client and Braun Intertec and reflected on the Proposal Letter. Estimates of construction or remediation costs will be based on information available to Braun Intertec and on its experience and knowledge. Such estimates are an exercise of professional judgment and are not guaranteed or warranted. Actual costs may vary, and Client should allow a contingency in addition to estimated costs. Braun Intertec will not exceed the contract price provided in the Proposal Letter payable to Braun Intertec for performing the Work without Client's written authorization. Client reserves the right to increase or decrease the quantities of work without changes in the Unit Prices. Client will issue Change Orders to modify contract time commensurate with approved changes in the Services. 1.4 Coordination. Braun Intertec shall coordinate its work with the services provided by others relative to the Project. Braun Intertec shall be available to Client for general consultation relative to the Project. Consultant shall attend all meetings relative to the Project that are reasonably required to fully perform the Services. 1.5 Ownership of Documents. The reports, notes, calculations, and other documents prepared by Braun Intertec in the performance of the Services are the property of Braun Intertec, and Braun Intertec shall retain all common law, statutory and other reserved rights, including the copyright thereto. Reports produced by Braun Intertec are for use by Client only for the purposes disclosed to us. Client and the owner of the Project shall each have a royalty-free license to reproduce, distribute and otherwise use said reports or any part thereof or information contained therein for addition to or remodeling of the Project. However, Client may not transfer Braun Intertec reports to others or use them for a purpose for which they were not prepared without the written approval of Braun Intertec, which will not be unreasonably withheld. 2. Indemnification and Insurance. 2.1 Indemnity. Braun Intertec shall indemnify and hold Client and the owner ofthe Project harmless from and against all liabilities, claims, danlages, losses and expense, including reasonable attorneys' fees, arising out of or resulting from the performance of the Services to the comparative extent they are caused by or attributable to the negligent act, error or omission of Braun Intertec or anyone employed by Braun Intertec or for whose acts Braun Intertec is legally responsible. Braun Interiec will not be liable unless Client has notified Braun Interiec of the discovery of the claimed breach of contract, negligent act, or omission within 30 days of the date of discovery and unless Client has given Braun Intertec an opportunity to investigate and to recommend ways of mitigating damages. Client agrees that the aggregate liability of Braun Intertec will not exceed $1,000,000, and Client agrees to indemnify Braun Intertec from all liability to others in excess of that amount. 2.2 Insurance. Braun Intertec shall keep and maintain the following insurance coverages: 2.2.1 Professional Liability Insurance. Braun Intertec shall maintain in full force and effect until at least three years subsequent to completion of the Services professional liability insurance covering the performance of the Services, so long as such insurance is commercially available to Braun Intertec at a reasonable price. Such insurance shall be on a "claims made" basis and in the amount of at least $1,000,000. 2. 2.2.2 Workers Compensation Insurance. Braun Intertec shall maintain workers compensation insurance with following limits: Coverage A: Statutory Coverage B: $1,000,000 $1,000,000 $1,000,000 Bodily Injury by accident Bodily Injury by disease Bodily Injury by disease Each accident Policy limit Each employee 2.2.3 General Liability Insurance. Braun Intertec shall maintain general liability insurance with coverage to include: Premises/Operations, Completed Operations and Contractual Liability (to cover the indemnification provision in paragraph 2.1 of this Agreement). Limits of coverage shall not be less than: $1,000,000 Per occurrence $2,000,000 Aggregate 2.2.4 Automobile Insurance. Braun Intertec shall maintain automobile liability insurance to include all owned autos (private passenger and other than private passenger), hired and nonov.med vehicles. Limits of coverage shall not be less than: $1,000,000 Per occurrence 2.2.4 Evidence of Insurance. The above insurance shall be maintained in companies la\Vfully authorized to do business in the state in which the Project is located and which are reasonably acceptable to Client. Braun Intertec shall furnish Client with certificates reflecting such insurance (ACORD form or equivalent) to be in force as long as this agreement remains in effect and providing that said insurance will not be canceled or materially changed without at least 30 days prior written notice to Client. 2.2.5 Health and Safety. Braun Intertec will take all necessary precautions, meet all legal requirements for the health and safety of all its employees on the project and all other persons who may be affected by the Work, and comply with Client's safety rules. This requirement will apply continuously and is not limited to normal working hours. Braun Intertec shall have the right to restrict from the site any persons who do not comply with reasonable safety requirements of Braun Intertec. 3. Client's Responsibilities. 3.1 Compensation. Client will pay to Braun Intertec compensation for the Services as set forth in each Proposal Letter, together with any adjustments set forth in wTitten Change Orders. Braun Intertec shall submit itemized monthly statements for such compensation equal to the value of the Services completed throughout the preceding month, as such value is determined in accordance with the then current Schedule of Charges. Said invoices shall reference the project number listed in the Proposal Letter and the Client's Job Number to properly identify work being invoiced. Client shall make payment to Braun Intertec within seven days after it receives payment from its Client for the services performed by Braun Intertec. Client will exert reasonable efforts to collect prompt payment from its Client. Upon receipt of each payment, Braun Intertec shall furnish a mechanic's lien waiver reflecting all sums paid to Braun Intertec. "> ,) 3.2 Changes and Adjustments. Client may order changes to the Proposal Letters consisting of additions, deletions or other revisions, with corresponding adjustments to the compensation to Braun Intertec and the project schedule. All such changes in the Services shall be authorized by written Change Order. An adjustment to the compensation to Braun Intertec resulting from a change in the Services shall be determined by mutual acceptance of a lump sum amount, application of hourly billing rates as set forth in the current Schedule of Charges, or in such other manner as is mutually agreed upon by Braun Intertec and Client. If Braun Intertec believes it is entitled to additional compensation or time for performing additional services that are beyond the scope of the Proposal Letter, Braun Intertec shall immediately notify Client thereof and secure Client's approval prior to performing such additional services. Braun Intertec shall not be entitled to additional compensation if additional work is the result of its errors. 3.3 Furnishing Information. Client shall, at its expense, provide Braun Intertec with the information, services and other materials regarding the Project that are described in the respective Proposal Letter. 3.4 Indemnity. Client shall indenmify and hold Braun Intertec harmless from and against all liabilities, claims, damages, losses and expense, including reasonable attorneys' fees, arising out the Project to the comparative extent they are caused by or attributable to the negligent act, error or omission of Client or anyone employed by Client or for whose acts Client may be liable, except Braun Intertec. 3.5 Location of Underground Facilities. Unless Braun Intertec specifically accepts this responsibility in the Proposal Letter, Client will locate all Underground Facilities and shall be responsible for determining that the Work will not interfere with Underground Facilities. Braun Intertec will review all proposed locations for the Work and will satisfy itself that the Work will not interfere with Underground Facilities. If any proposed Work locations may interfere with Underground Facilities, Braun Inteliec will notify the Client's project manager and request a relocation of the Work. 4. Miscellaneous. 4.1 Entire Agreement. The terms and conditions set forth herein constitute the entire understanding of the parties relating to the provision of services by Braun Intertec to Client and shall be incorporated in all Proposal Letters unless otherwise so stated therein. This Agreement may be amended only by a \vritten instrument signed by both pmiies. 4.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. 4.3 Assignment. This Agreement may not be assigned by Braun Intertec or Client without the prior \vritten consent of the other party. 4.4 Dispute Resolution. Unless the dispute also involves the Owner and the agreement betvveen Client and the Ovmer does not provide for disputes to be resolved by arbitration as provided herein, all controversies, claims and between Braun Intertec and Client 4 arising out of or related to this Agreement, or the breach thereof disputes (except those relating to unpaid compensation), will be submitted to Alternative Dispute Resolution (ADR) as a condition precedent to litigation. Braun Intertec and Client will exercise good faith efforts to resolve disputes through a mutually acceptable ADR procedure. 4.5 Rights of Owner. Braun Intertec specifically agrees that the Ovvner is a direct and intended beneficiary of this Agreement, with the effect that Braun Intertec may be responsible to Ovmer for the failure of Braun Intertec to fully and properly perform its obligations hereunder. 4.6 Termination. This Agreement may be terminated by either party upon seven days vvritten)notice should the other party fail to perform in accordance with the terms hereof, provided such failure is not cured within such seven day period. Client may terminate this Agreement for convenience at any time, in which even Braun Intertec shall be compensated in accordance with the terms hereof for Services performed and reimbursable expenses incurred prior to its receipt of written notice of termination from Client. 4.7 Force Majeure. Neither party shall be liable for damages or deemed in default of this Agreement and any Proposal Letter hereunder to the extent that any delay or failure in the performance of its obligations (other than the payment of money) results, without its fault or negligence, from any cause beyond its reasonable control, such as acts of God, acts of civil or military authority, embargoes, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, adverse weather conditions, strikes or lock -outs, and changes in laws, statutes, regulations, or ordinances. 4.8 Severability. Should a court oflaw determine that any clause or section of this Agreement is invalid, all other clauses or sections shall remain in effect. IN WITNESS \x/HEREOF, Client and Braun Intertec have caused this Agreement to be duly executed as ofthe date first above vvritten. CLIENT: By Its 5 ACORD CERTIFICATE OF LIABILITY INSURANCE j DATE (MM/DDlYYYY) ,M 08/26/2004 PRODUCER (612)371-2080 FAX (612)371-2099 THIS CERTIFICATE IS ISSUED AS A MA ITER OF INFORMATION Dennis J. Linder & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE An Affiliate of American Agency Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 15 North 12th Street Minneapolis, MN 55403-1306 INSURERS AFFORDING COVERAGE NAIC# INSURED Braun Intertec Corporation INSURER A: Transcontinental Insurance Co Braun Intertec Great Lakes, Inc. INSURER B: Valley Forge Insurance Company 11001 Hampshire Avenue South INSURER c: Continental Casualty Co. J Minneapolis, MN 55438 INSURER D: I INSURER E: I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHS IANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN-?~ ~9:I?;~ TYPE OF INSURANCE POLICY NUMBER P~^L~~,~~~~~~~ POLICY EX~IRATION GENERAL LIABILITY TCP2058100923 09/01/2004 09/01/2005 EACH OCCURRENCE T COMMERCIAL GENERAL LIABILITY I CLAIMS MADE 0 OCCUR X xcu T BROAD FORM PD - GEN'L AGGREGATE LIMIT APPLIES PER: I POLICY iXl ~~g>T m LOC Is Is Is Is Is X 11"<~$T~l,~-~ I 10Jk1-1 E.L. EACH ACCIDENT I s 1,000, 000 E.L. DISEASE - EA EMPLOYE~ S 1, 000 , 000 E.L DISEASE - POLICY LIMIT I s 1,000, 000 $5,000,000. EACH CLAIM $10,000,000. ANNUAL AGGREG. COVERAGES LIMITS A INCLUDES: OPERATIONS OF SUBS - CONTINGENT LIABILITY, CONTRACTUAL LIABILITY ~~,~~~~9c~:'~!.~~nno\ I s MED EXP (Anyone person) I S PERSONAL & ADV INJURY I S GENERAL AGGREGATE IS PRODUCTS - COMP/OP AGG I s A AUTOMOBILE LIABILITY - X ANY AUTO - X ALL OWNED AUTOS - SCHEDULED AUTOS - X HIRED AUTOS - X NON-OWNED AUTOS - BUA2058100937 09/01/2004 09/01/2005 COMBINED SINGLE LIMIT (Ea accident) ,-- BODILY INJURY , (Per person) (\~)}- (~ iV! [' \:;)___" ___ \l.i ____ j BODILY INJURY (Per accident) PROPERTY DAMAGE (Per acc:dent) - GARAGE LIABILITY ~ ANY AUTO EXCESSIUMBRELLA LtABILlTY j ~ OCCUR 0 CLAIMS MADE A I DEDUCTIBLE -x1 RETENTION S 10,00 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B ~~~I~~~fJ~~~~~m\S~gfECUTIVE AUTO ONLY. EA ACCIDENT S OTHER THAN EA ACC I S AUTO ONLY: AGG S CUP2058100940 09/01/2004 09/01/2005 EACH OCCURRENCE AGGREGATE UMBRELLA FOR~l WC2058101327 09/01/2004 09/01/2005 NO If yes, describe under SPECIAL PROVISIONS below OTHER EEAl14132066 09/01/2004 09/01/2005 nvr Engrs/Cons Prof C ~iab incl Pollution ncident Liab CLAIMS MADE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 s 1,000,000 Is S 5,000,000 5,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL l!(;~X~ MAIL ~ DAYS WRITTEN NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~~~1(}{iJ(~il!DiM~)Jl'i~liiX~lOiXXX ~Mj(X~)oo(M~1{li\1(Xl@,)i~XXXXXXXX Master AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) @ACORD CORPORATION 1988 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works March 28, 2005 Develo ment & Plannin Item No. By: Guy Johnson By: 8.8 MOTION ACCEPTING PROPOSALL.ffi6M BRAUN INTERTEC FOR PERFORMING SOIL BORINGS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR A POND AT THE VICTORY PARK WETLAND SITE (IMPROVEMENT PROJECT 747) REQUESTED ACTION Staff is recommending that Council pass a motion accepting a proposal from Braun Intertec to complete six soil borings for $1,350, and authorizing the preparation of plans and specifications for the proposed pond and storm water infrastructure improvements at Victory Park's wetland site. POLICY/PAST PRACTICE A new pond for this location is part of the city's 1996 Surface Water Management Plan. BACKGROUND The soil borings are recommended to determine the extent of debris that may be buried under the proposed site of the new pond. In the past, work in and around many of the city's park areas have exposed debris that had been buried many years earlier. Results of the initial six borings will be reviewed by the engineers to determine if additional borings should be considered. The quotes from all companies also contain a price per foot if additional borings are necessary. Braun Intertec's quote of $9.00 per foot was low bid for this work, too. In order to limit unexpected costs during the construction of a project, information about possible buried debris is necessary to prepare plans and specifications as accurately as possible for bidding purposes. The proposed pond construction and storm infrastructure improvements include a new pond at the far southeast corner of the Victory Park wetland, and improvements to the storm water system from East Research Center Road to the pond. The proposed pond construction and storm water infrastructure improvements would improve the water quality of the storm water runoff flowing into the wetland and also help alleviate the flooding that currently occurs at the East Research Center Road and Boone Avenue intersection during rain events. FUNDING The engineer's preliminary construction cost estimate is $375,000 for construction of the pond and the storm water infrastructure improvements. Funding would be through the city's storm water fund and storm water pond fees in the amount of $37,500 that have been received from the Woodbridge Development. In addition, the city has been awarded a grant in the amount of $9,450 to be used for restoration expenses. ATTACHMENTS Memorandums from the city engineer and a copy of Braun Intertec's quote are attached. MOTION BY /YcU-{i.~i lzi/~6A SECOND BY TO: I:RFA\Pubworks\2005\747 Soil Borings & Authorize Plans & Specs . ~ ~ Bonestroo e Rosene ~ Anderlik & . ~ 1 Associates Engineers & Architects 2335 West Highway 36 . St. Paul, MN 55113 Office: 65]-636-4600 . Fax: 65]-636-13]1 www.bonestroo.com March 22, 2005 Mr. Guy Johnson City of New Hope 5500 International Pkwy. NewHope,1fJN 55428 Re: Victory Park Wetland Site Authorization to Prepare Plans and Specifications City Project No. 747 BRAA # 34-03-149 Dear Guy: An area located at Victory Park along East Research Center Road has been selected as a site for the construction of a water quality pond. The construction of the proposed pond and improvements to the storm sewer system adjacent to the proposed pond location are in accordance with New Hope's Surface Water Management Plan. The proposed construction includes the grading of the wetland feature, improvements to the storm sewer system between the intersection of Boone Ave and East Research Center Road and the wetland area, and all related restoration. Several benefits could be realized from the completion of this proposed construction, including: III Improved water quality for existing flows. SatisfYing water treatment requirements for the additional runoff generated by the Woodbridge development. Decreased severity of the flooding issues that occur at the intersection of East Research Center Rd and Boone Ave. iii iii The preliminary construction cost estimate for the project is $375,000. Additional sources are available to assist in the funding for this project. An agreement with the Woodbridge development was made during the plan approval process for the construction at 5650 Boone Ave. In lieu of constructing a pond on the site of construction, Woodbridge agreed to forward the costs that would have been incurred had a pond be built, and direct them to make improvements further downstream. It was agreed upon that Woodbridge would contribute $37,500 for this proposed project. This site has also been approved to receive grant money, similar to that given for the 9200 49th Avenue Pond, to go toward the restoration of the wetland area. The grant money available for this project totals $9,450. . St. Paul. St. Cloud. Rochester. Willmar. MN . Milwaukee. WI · Chicago. IL Affirmative Action/Equal Opportunity Employer and Employee Owned We now recommend that the City Council authorize the preparation of plans and specifications. The work would likely proceed according to the following schedule: Authorize Preparation of Plans/Specs Approve Plan and Spec/Authorize Ad for Bid Open Bids Receive Bids and Approve Contract Begin Construction March 28, 2005 April 25 May 31 June 6 Late June We recommend Council authorize preparing plans and specs at the March 28th meeting. Please contact me at 651-604-4790 with specific questions. Sincerely, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. y~~~ Vincent T. Vander Top Memo lJj Bonestroo l1::li Rosene "1\11 Anderlik & ,~, Associates Engineers & Architects Project Name: Victory Park Pond Improvements, City Project No. 747 Client: New Hope File No: 34-03-139 To: Guy Johnson Date: March 4, 2005 From: Vince Vander Top Re: Soil Boring Quote Recommendations Pond improvements on the Victory Park property are proposed. A new pond area would be constructed near the southeast comer of the wetland area of the park property. This pond is in accordance with the New Hope's Surface Water Management Plan. It would also assist in the efforts to address the flooding issues at the intersection of Boone Ave N and East Research Center Rd and serve to satisfy the ponding requirements of the Woodbridge Senior Cooperative development on the comer of Boone Ave N and Bass Lake Road. Soil borings are required to determine if the soils present at the proposed pond location are suitable for the construction of a pond. Also, it is suspected that buried debris exists at the location of the proposed pond. The boring logs could help identify the presence, or extents, of this debris. Proposals for performing 6 borings and presenting the results were sent out to three testing firms that provide the service. All three quotes were submitted, the tabulated total quote amounts are shown below: Company Braun Intertec STS Consultants, Ltd. American Engineering Testing, Inc. Total Quote $1,350.00 $1,600.00 $2,300.00 Add'l Borinlrs $9.00/FT $16.00IFT $18.00IFT Braun Interiec returned the lowest quote at $1,350.00, and also has the lowest cost for perforn1ing any additional boring, $9.00/FT, if deemed necessary. Braun Intertec is experience with work of this type and a reputable company. It is recommended that the work could be given to Braun Intertec to perform the soil boring work. Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com [] St Paul Office: 2335 West Hi9hway 36 Sl Paul, MN 55113 Phone: 651.635-4600 Fax: 651-63&-1311 [] Milwaukee Office: 120i5 N. Corporate Parkway. Ste 200 Mequon, WI 53092 Phone: 262-643-9032 Fax: 262-241-4901 o Rochester Office: 112 i'" Street NE Rochester, MN 55906 Phone: 50i-282-2100 Fax: 50i.282-3100 [] Willmar Office: 205 5th Street SW Vfllimar, MN 56201 Phone: 320-214-955i Fax: 320-214-9458 [] St Cloud Office: 3i21 23' Street S Sl Cloud, MN 56301 Phone: 320-251-4553 Fax: 320-251-6252 o Ubertyville Office: 1860 West Vflnchester Rd, Ste 106 Grayslake, IL 60030 Phone: 84i-548-6ii4 Fax: 84i-548-69i9 BltAUN !NTERTEC Bmvn IlIIortoc Corpo:oliQtl 245 Eoo go~own Avenue 51. Peul, MN 5,5117 - Febrnary 24, 2005 Proposal SP-05-00814 Mr. Bruce Pember Bonestroo Rosene Anderlik & Associates 2335_ West Highway 36 . . St .Paul, MN 55113 Phone: 651.487_3245 fox: 651..487.1812 Wob; brconintade<:.com :Re: Proposal for Soil Boring S~ices VictorY Park Pond Improvements New Hope, MN - Dear Mr. Pember: Braun Intertec is pleased to furnish this proposal for providing soil boring services for the proposed pond .improvements at Victory Park in New Hope. The borings are requested to identify the types of materials to be excavated. . Our proposed scope of 5e1'V.ices for this project is attached. We est:itn.ate the cost to complete these SefVices to be $1,,350. We ha.ve also provided a per foot unit cost ($9/foot) for possibly drilling the borings deeper or adding additional borings. We a.ppreciate the opportunity to present this~. If acceptable after your revIew, please sign the ,Slgnatu,.e Page of one copy" and return mtliJ or feD: the entire doclU1'l!mt, including t1ze Genual Ccndition3, to us as authorfzation to proceed. . If you have questions, please call us at 651.487.3245. Sincerely, Attaclunci:1ts: Scope of Services General Conditions (31112003) ~pOSOOg14 ,. ... PTlWidin~ en,ginuTing and. erwiTD1'\men~l Jo!utiQ1'\~ since 1957