IP #771
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as Sun-Post , and
has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. S331A.02, s331A.07, and other applic-
able laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of September ,2005, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of
, 2005; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefghijklmnopqrstuvwxyz
BY~
Subscribed and sworn to or affirmed before me
on this ~ day of September, 2005.
/1O-u-t a/k-~~
Notary PubTIC (
. MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPtRES 1-31-c9
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.85 per line
(2) Maximum rate allowed by law
$
6.20 per line
(3) Rate actually charged
$
1.30 per line
COUNCIL
REQUEST FOR ACTION
Originating Department
Approved for Agenda
Public Works
BY:Il2i
August9,2004
Agenda Section
Consent
Item No.
By: Guy Johnson
6.5
RESOLUTION ACCEPTING PETITION FOR PUBLIC IMPROVEMENT AND ASSESSMENT
AGREEMENT AND ORDERING PROJECT
(HILLSIDE TERRACE INFRASTRUCTURE IMPROVEMENT NUMBER 771)
REQUESTED ACTION
Staff is recommending that Council approve the resolution accepting a petition for public improvement from Allen Chazin
Homes Inc., and an assessment agreement with Allen Chazin Homes Inc., and ordering the project.
BACKGROUND
Allen Chazin Homes has entered into an agreement with St. Joseph's Church to purchase the out lot A on the west edge
of the church property. A plat plan that includes seven lots has been proposed for the development.
The project consists of constructing an extension of 35th Avenue, a new cul-de-sac, and the necessary utilities in the 35th
Avenue extension and the cul-de-sac. The 35th Avenue extension and the cul-de-sac will be east of Ensign Avenue and
just west of St. Joseph's Church. The project would also include constructing the necessary storm water, sanitary sewer,
and water infrastructure, along with the sanitary sewer and water service connections for the seven lots.
The City Council authorized the preparation of plans and specifications for construction of the necessary infrastructure on
June 14, 2004, and approved plans and specifications on June 28,2004. Six bids were received on July 19, 2004. The
lowest responsible bid for the construction of the infrastructure was from Bolander Carl & Sons Company for $191,811.31.
FUNDING
The engineer's cost estimate was $202,000 for construction of the 35th Avenue extension, the cul-de-sac, and the utilities.
The city of New Hope is responsible for the installation of a trunk storm water pipe serving existing neighborhoods, at an
estimated construction cost of $26,150. The city is also responsible for a portion of the street construction costs associated
with the reconstruction of the existing 35th Avenue, between Ensign Avenue and out lot A. The reconstruction of this
portion of the street is necessary after the installation of trunk storm water pipe. The balance of the contract cost would be
the responsibility of the developer through the assessment agreement.
Funds for the city's portion of this project are available through the Street Infrastructure Fund and Storm Water Fund.
ATTACHMENTS
Attached are copies of the resolution, the petition and assessment agreement, the development agreement and the
engineer's memorandums regarding the Hillside Terrace bond and water quality requirements.
MOTION BY
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SECOND BY
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I:RFA\Pubworks\2004\771 Acceptance of Petition & Assessment Agreement
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Bonestroo
Rosene
Anderlil< &
Associates
Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal
Opportunity Employer and Employee Owned
Principals: Otto G. Bonestroo, P.E. . Marvin L Sorvala, P.E. . Glenn R. Cook, P.E. . Robert G.
SChunicht, P.E. . Jerry A. Bourdon, P.E. . Mark A. Hanson, P.E.
Senior Consultants: Robert W. Rosene, P.E. . Joseph C. Anderlik, P.E.. Richard E. Turner,
P.E. . Susan M. Eberlin, CPA
Associate Principals: Keith A. Gordon, P.E. . Robert R. Pfefferle, P.E. . Richard W. Foster,
P.E. . David O. Loskota, P.E. . Michael T. Rautmann, P.E. . Ted K. Field, P.E. . Kenneth P.
Anderson, P.E. . Mark R. Rolfs, P.E. . David A. Bonestroo, M.B.A.' Sidney P. Williamson, P.E.,
L.S.. Agnes M. Ring, M.B.A. . Allan Rick Schmidt, P.E. . Thomas W. Peterson, P.E.' James R.
Maland, P.E. . Miles B. Jensen, P.E. . L Phillip Gravel III, P.E.' Daniel J. Edgerton, P.E. .
Ismael Martinez, P.E. . Thomas A. Syfko, P.E. . Sheldon J. Johnson' Dale A. Grove, P.E. .
Thomas A. Roushar, P.E. . Robert J. Devery, P.E.
Offices: SI. Paul, SI. Cloud, Rochester and Willmar, MN . Milwaukee, WI. Chicago. IL
Engineers & Architects
Website: wVlVl.bonestroo.com
TO: Kirk McDonald
FROM: Vince Vander Top
CC: Steve Sondrall, Guy Johnson
DATE: July 26,2004
SUBJECT: Hillside Terrace Bond Recommendation for Site Work
Our File No. 34-Gen E04-08
The developer has solicited quotes for the Hillside Terrace site grading and restoration. This
work will be done privately by the developer's contractor. A bond will be required to assure the
performance oft11is work. The public infrastructure will be constructed as part of the City's
contract.
The site work is estimated as follows:
Item
Quantitv
Amount
Site Grading
LS
$44,000
Soil Borrow
LS
$5,000
Erosion Control and Restoration
LS
$6.000
Construction Total
$55,000
+ 50% Increase
$27.500
Bond Amount Recommendation
$82,500
This amount can be reduced as the work is completed and recommended for approval by the City
Engineer and Building Official.
End of memo
2335 West Highway 36. St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311
.w
-
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Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative
Action/Equal Opportunity Employer and Employee Owned
Principals: Otto G. Bonestroo, P.E. Marvin L. Sorvala, P.E. Glenn R. Cook, P.E.
Robert G. Schunicht, P.E. Jerry A. Bourdon. P.E.
Senior Consultants: Robert W. Rosene, P.E. Joseph C. Anderlik, P.E. Richard
E. Tumer, P.E. Susan M. Eberlin. C.P.A.
Associate Principals: Keith A. Gordon, P.E. Robert R. Pfefferle, P.E. Richard
W. Foster, P.E. David O. Loskota. P.E. Mark A. Hanson, P.E. Michael T.
Rautmann, P.E. Ted K. Field, P.E. Kenneth P. Anderson, P.E. Mark R. Rolfs,
P.E. David A. Bonestroo, M.B.A. Sidney P. Williamson, P.E., LS. Agnes M.
Ring, M.BA Allan Rick Schmidt, P.E. Thomas W. Peterson, P.E. James R.
Maland, P.E. Miles B. Jensen, P.E. L. Phillip Gravel III, P.E. Daniel J. Edgerton,
P.E. Ismael Martinez, P.E. Thomas A. Syfko, P.E. Sheldon J. Johnson DaleA.
Grove, P.E. Thomas A. Roushar, P.E. Robert J. Devery, P.E.
Offices: St. Paul, SI. Cloud. Rochester and Will mar, MN Milwaukee, WI
Chicago, IL
Website: wvlW.bonestroo.com
To: Kirk McDonald
From: Vince Vander Top
Cc: Daryl Sulander, Mark Hanson, Guy Johnson
Date: July 21,2004
File: 34-04-162
Re: Hillside Terrace Development Water Quality Requirements
This memo outlines a recommended fee for water quality improvements for this
development. The developer will contribute a cash fee toward the regional pond
improvements immediately to the east of this site. The developer and City agree upon this
approach which is consistent with the Surface Water Management Plan. The total fee will
represents the cost that would have been incUlTed to construct a site pond and the value of
the land occupied by the pond. Land value is included as the City had to acquire an equal
amount ofland at the regional pond site.
Site Conditions/Pond Characteristics
" The development area is approximately 105,000 Square Feet.
" A water quality pond for this site would inelude 1100 Cubic Yards of quality
and quantity storage volume.
" A pond easement area approximately 70' x 70' would be required around the
pond assuming an effective depth of 5 feet, proper sideslopes, and a typical
bounce to the HWL. The surface area of the pond at the NWL would be
approx. 2,700 sq. ft. (52' x 52').
Pond Construction Costs
Common Excavation
Outlet Structure
Rip Rap, Pipe,
Restoration, & Landscaping
Construction Cost Total
Land Value (70' x 70')
Total Contribution
11 00 CY @ $ lO/CY
Lump Sum
$11,000
$5,000
Lump Sum
$2.000
$18,000
$12.250
$30,250
4,900 SF @ $2.50/SF
This amount should be contributed by Hillside Development toward the regional pond
improvement.
2335 West Highway 36" St. Paul, MN 55113" 651-636-4600. Fax: 651-636-1311
RESOLUTION NO. 04-~4
RESOLUTION ACCEPTING PETITION FOR PUBLIC IMPROVEMENT
AND ASSESSMENT AGREEMENT AND ORDERING PROJECT
(Hillside Terrace Infrastructure Improvement No. 771)
BE IT RESOLVED by the City Council of the City of New Hope as follows:
WHEREAS, the Church of St. Joseph's, a Minnesota corporation and Alan Chazin
Homes, Inc. (hereafter collectively Owners) have submitted to the City a signedPetitioii For Public
Improvement and Assessment Agreement, attached as Exhibit B for construction of infrastructure
improvements within the Hillside Terrace development to be platted as Lots 1-7, Block I Hillside
Terrace per New Hope Planning Case 04-03 and currently legally described on the attached Exhibit
A, and
WHEREAS, the City Attorney has received and reviewed title evidence from the Owners
establishing that the Church of St. Joseph's is the 100% fee owner of the property described on
Exhibit A subject to a purchase agreement to sell in fee all ofthe described property to Alan Chazin
Homes, Inc. and has so advised this Council of said fact, and
WHEREAS, this Council has reviewed the plans and specifications for the Hillside Terrace
Infrastructure Improvement No. 771 (hereafter.Project) prepared by the City Engineer and hereby
determines the property described on Exhibit A is all of the property which will abut on the street
extension/cul-de-sac of 35th Avenue North to be constructed as part of the Project, and
WHEREAS, in light of the fact Owners are or will be the fee owner of all the property
abutting the 3 5th Avenue North street extension/cul-de-sac to be constructed as part of the Project this
Council further determines a public hearing is not necessary to consider and order the Project as
authorized by Minn. Stat. 9429.031 subd. 3., and
WHEREAS, after reviewing the preliminary report for the Project submitted by the City
Engineer, which includes a reasonable estimate of the total cost to be assessed, this Council also
determines the Project is necessary, cost-effective and feasible and should be constructed as
proposed, and
WHEREAS, this Council determines the Project should be ordered subject to Owners
agreement to pay the assessments as set out in their Petition For Public Improvement and
Assessment Agreement and also subject to Owners entering into a Hillside Terrace Site
Development Agreement required by the City's approval of Owners' preliminary and final plat ofthe
subject property as requested in new Hope Planning Case 04-03.
-1-
NOW, THEREFORE, BE IT RESOL YED by the City Council ofthe City of New Hope as
follows:
1. The Petition For Public Improvement and Assessment Agreement attached hereto as
Exhibit B is accepted.
2. The Hillside Terrace Infrastructure Improvement No. 771 is hereby ordered pursuant
to the Petition For Public Improvement and Assessment Agreement and as authorized by Minn.
Stat. S429.031 subd. 3, but subject to Owners entering into a Hillside Terrace Site Improvement
Agreement as required by the plat approval ofthe subject property identified in New Hope Planning
Case 04-03 and as approved by the New Hope City Attorney.
3. The Mayor and City Manager are hereby authorized and directed to SIgn all
documents and take all actions necessary to implement the directives of this resolution
Dated the 9th day of August, 2004.
/:/ X:;.
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Attest: 1. LLtLU.' ~0TL
Valerie Leone, City Clerk
P:'.~-\ ITOR.....;E)~'S:\S\l CLlENT FILES",,2 em' OF NeW HOPE\99~67ill(HIllSIDE TERR:\CEhR.ESOLUTION ACCEP'TIN PETITION FOR L\iPROVE!'>1El'iT AND ORDERING PROJ.DOC
-2-
Exhibit A
Legal Description
Outlot A, Parish Community of St Joseph, Hennepin County, Minnesota
-3-
HILLSIDE TERRACE
PETITION FOR PUBLIC IM:PROVEMENT
AND ASSESSMENT AGREEMENT
1. Parties - The parties to this Agreement are the City of New Hope, a Minnesota municipal
corporation (hereafter City) and The Church of St. Joseph, a Minnesota corporation
(hereafter Fee Owner) and Alan Chazin Homes, Inc., a Minnesota corporation (hereafter
Developer),
2. Purpose - The Owner and Developer, hereby request and petition the City to construct a
public street/cul-de-sac and all necessary infrastructure improvements therein, including
sanitary sewer, storm sewer and water main with all bituminous pavement, concrete curb
and gutter, pipe, valves, fittings, residential water services, sod, topsoil restoration and all
other appurtenant works and services reasonably required to complete the street/cul-de-
sac and infrastructure improvements. These public improvements and project is
identified as Hillside Terrace Infrastructure Improvement Project 771 (the Project) and
will extend 35th Avenue North just east of Ensign Avenue North to serve property being
platted by Developer with Owner' consent into seven (7) new residential lots to be
known as Lots 1-7, Block 1, Hillside Terrace located in the City of New Hope, County of
Hennepin, and State of Minnesota, (hereafter Property) and is now legally described as
follows:
(see Edlibit A attached)
The purpose of this Agreement is to set out the respective cost sharing agreement
between the City and Developer relating to the Project. The Project is more fully
described in the Memorandum from the Bonestroo, Rosene, Anderlik & Associates,
engineers for the City, dated June 23, 2004 with Engineer's Estimate attached as Edlibit
B. All work shall be done in conjunction with the Project. The Church of St. Joseph
hereby warrants and represents it owns in fee 100% of the property legally described on
Exhibit A. Alan Chazin Homes, Inc. hereby warrants and represents it has entered into a
purchase agreement with The Church of St. Joseph to buy in fee all of the property
legally described on Exhibit A and that it has submitted an application to the City to plat
the property as Lots 1-7, Block 1 Hillside Terrace. Developer further acknowledges and
agrees the property legally described on Exhibit A will be specially benefited from the
Project and also submits this petition for the purposes set out in Minn~ Stat. 8429.031
subd. 3.
3. Description of Work - The public improvements described above shall be constructed
according to plans and specifications prepared by the City engineers for the Project as
referenced in his June 23,2004 Memorandum attached as E",hibit B.
4, Costs - The City has received bids from several contractors to construct the described
public improvements per its advertisement for bids published in the Construction
Bulletin on July 2 and 9, 2004 and in the New Hope-Golden Valley Sun Post on July 8,
1
2004. The City opened bids on July 19, 2004 and intends to award a contract to the
lowest responsible bidder Carl Bolander & Sons Co. in an amount of $191,811,31.
Added to the actual construction cost is an additional amount of $47,952.83 for
engineering, legal and administrative costs resulting in a total public improvement cost of
$239,764.14. Developer agrees to this total cost of the Project. The City agrees it is
responsible for and will pay $57,014.16 of said total cost that relates to the installation of
a trunk storm water line serving the existing neighborhood. The Developer agrees that
$182,750.08 of said total cost shall be assessed against the Property and is the amount of
the Project attributable to installing the street/cul-de-sac, sanitary sewer, storm sewer,
residential water service and all other appurtenant works and services to complete the
Project specially benefiting the Property referenced above (hereafter the Assessed
Amount). This Assessed Amount is based on construction costs and engineering, legal
and administrative cost for the entire Project. The Developer and the City understand
and agree that change orders can affect the cost of the Project, including change orders
based upon per unit costs, Change orders are generally the result of unforeseen
construction circumstances or project design changes, Developer acknowledges and
agrees to pay on a pro rata basis, as determined by the New Hope City Engineer, all
change order costs which increase total Project costs and the Assessed Amount under this
Agreement. Developers acknowledge and agree to pay the unit costs of the project based
upon the actual units used for construction of the project which may increase the actual
construction costs and the Assessed Amount referenced above.
5, Special Assessment - The Developer acknowledges and agrees that the proposed
construction of the Project specially benefits the Property legally described on Exhibit A.
In consideration for the City's action to cause the construction of the Project at the
Owners' and Developers' request, the Developer agrees that the fair market value of the
Property will increase in an amount equal to or greater than $182,750.08 and that it will
pay the Assessed Amount by a special assessment levied against the Property pursuant to
Minn.. Stat.. Chapter 429 over a period of ten (10) years at an interest rate of seven (7)
per cent per annum, The first installment is anticipated to be payable with real estate
taxes due in 2005. The Developer expressly waives all objections to any irregularity with
regard to the special assessment for the Project and any claim that the Assessed Amount
of $182,750.08 to be levied against the Property is excessive. The Developer further
waives any and all rights to appeal the special assessment in District Court under Minll.
Stat.. Chapter 429 and more specifically Minn. Stat.. 9429.081 or any other federal, state,
or local law, rule, or regulation, Provided, however, the Developer shall retain the right
to object to any arbitrary, unreasonable or capricious actions of the City in connection
with the Project, other than the propriety ofthis project, the Developers' share in the cost
thereof as set out above, or the City's right to levy an assessment therefore against the
Property .
6, Indemnification - The Alan Chazin Homes, Inc, agrees to indemnify, reimburse and
hold the City harmless for all costs to make the improvements described above in the
event the special assessment against the Property is held invalid and unenforceable for
any reason, due to the improvements or special assessments being challenged by the
2
Owner or the owners of individual lots in the Hillside Terrace plat, or anyone claiming
through the Owners or the individual lot owners. This indemnification shall include
reasonable attorney's fees and costs to collect and enforce the special assessment and this
Agreement.
7, Owner's Special Assessment Liability. - The City agrees not to start construction of the
improvements described in paragraph 2 herein until the City receives a copy of the signed
deed by Owner conveying to Developer title in fee to the Property. Further, the City and
Developer acknowledge and agree the Owner shall not be responsible to the City or
Developer for any of the Project Costs described in paragraph 2 herein, nor shall the
Property be specially assessed for any Project Costs until and unless Owner conveys to
Developer title in fee to the Property. It is anticipated by the parties hereto this
conveyance will occur on or before September 1,2004.
Dated:
1hc
/
,2004
Alan Chazin Homes, Inc.
By:
Its e i h f 11/{ {V'l if i~j{>v
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B~;S ~4<f!!:r
The Church of St. Joseph
By: Q--<~: (~~~~u'"
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By:
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STATE OF MINNESOTA )
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Jensen & Sondrall, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park,:tvfN 55443
(763) 424-8811
petition for improvemenl-assessment agr<:<:n1enl D43.doc
Exhibit A
Lellal Description
5
COUNTY OF1hv
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was acknowledged before me this "--'~O ~ day of
2004 by ~u~U~=i:A./ . and
, the if/? i?.u tiL4't-l and
respectively, of Alan Chazin Homes, Inc., a Minnesota corporation,
on behalf of said corporation,
The foregoing
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STATE OF MINNESOTA )
~ )ss.
COUNTYOF l"'---Vlt~
Tp,e foregoing was acknowledged before me this Cday of
DflJ<D L~v:.C:""ti'--'
Notary Public
.._.~,~~,",;;..~~.~:,,~:;,"~~~:.2c.';;~~~ .
:~ ~1};!'r,':) SHARON C. SANNEl ~
~ NOTARY PUBLIC - MINNESOTA
~~ My Commission Expires Jan. 31, 2005
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0-:v-J-,~'2004, by
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and
the
respectively of The Church of St. Joseph, a Minnesota corporation, on behalf of said
corporation.
NO'i'\~;Y PU3LiC -rAiNNESOTA
D/WiD E. KOHNER
EXFES 1~31-2GQS
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Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
foregoing was uacknowledged before me this day of
, 200,0, by Don Collier and Daniel J. Donahue, the Mayor and City
Mana r, respectively, of the fCity of New Hope, a Minnesota municipal corporation, on behalf
of said municipal corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY:
4
VAlER1EJ,lEONE
NOTARY PUBLIC-MINNESOTA
My Gomm1ssicfl Expires Jan. 31, 2005
Exhibit A
Legal Description
Outlot A, Parish Community of St Joseph, Hennepin County, Minnesota
5
CITY OF NEW HOPE
HILLSIDE TERRACE
SITE DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into by Alan Chazin Homes, lnc, a Minnesota corporation,
(~ereinafter "Developer") and the City of New Hope (hereinafter "City"), this day of
Z!- Eo " ", ..j.. J 004
1::1 4{t~3 {/~., I ~ -- .
/
WHEREAS, on June 14, 2004, by Resolution No. 2004-118, the City Council approved
Developer's preliminary plat (hereinafter the "Plat") for certain real property to be knovm and
legally described as Lots 1-7, Block 1 Hillside Terrace located in the City ofNev.i Hope, County of
Hennepin, State of Minnesota, legally described cWTently as follows:
(see Exhibit A attached)
(hereinafter "Property") to allow for the development of seven (7) single fanlily residential building
lots at the Property, and
\VHEREAS, the City Council also approved Developer's site development plans for the
Property as set forih in Planning Case 04-03 (hereinafter "Plans"), and
WHEREAS, the approvals were granted subject to the following conditions:
1. Developer must enter into a Development Agreement with the City and provide an
appropriate financial guarantee to secure the required work (amount to be
detel111ined by City Engineer and Building Official).
2, Developer must comply with the City Engineer's recommendations as set forth in
his May 13 and May 26, 2004 memoranda attached hereto as Exhibits Band C.
3. Developer must obtain approval of its building plans from the City's Building
Official.
4. Developer must obtain approval of its building plans from the West Metro Fire
DistTict
5. Developer shall pay the appropriate park dedication fee as required by the New
Hope City Code upon final plat approval.
6. Developer must comply with the City Planner's recommendations as follows:
a) retaining wall details shall be provided to the City Engineer for review and
approval.
b) drainage easements shall be sized and configured to cover all backyard drainage
swales.
c) Developer shall provide adequate documentation of permission for right of entry
or easement to grade into adjacent 281 Independent School District property,
d) Developer shall provide an inventory of vegetation to be preserved on the
Property as part of the development (i.e., description of planting types and
sizes),
e) Developer shall provide a description of vegetation measures that \vill be
implemented on site during constmction,
f) All new plantings shall be located v.rithin the plat and new spmce trees shall be
six to eight feet in height, and
g) Developer shall provide at least one tree, two inches in diameter, per lot.
7. In lieu of constmcting an on-site stOTIn water pond, Developer shall pay a storm
water ponding fee to the City upon final plat approval (amount to be determined
by the City Engineer).
8. Final plat approval shall be waived by the New Hope Planning Commission.
WHEREAS, the Developer has also agreed it will petition the City per Minll. Stat.
9429.031 subd. 3 to constmct a public street extension/cul-de-sac v.rith all necessary infrastructure
utilities (sanitary sewer, stOTIn sewer and water main) on 35th Avenue North east of Ensign Avenue
North to serve the Property's seven proposed residential lots, and will enter into an Assessment
Agreement with the City for the constmction of said public street extension/cul-de-sac and
infrastmcture utilities in a fom1 attached hereto as Exhibit D.
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. INCORPORATION OF RECITALS. The recitals above are incorporated herein by
reference, specifically including the conditions of approvals.
') THE WORK. The Work shall consist of the site improvements described in the
Plans, including the Secured Work as described below, and including any amendments to the Plans
which are approved by the City Council. The Work shall be perfom1ed by the Developer to the
City's satisfaction and in compliance with all applicable codes, ordinances, standards, and policies
of the City.
3. THE SECURED WORK. The Secured Work includes all (m-site exterior amenities
shown on the Plans that are listed below.
2
ltem
Quantity
a) Site (jrading
b) Soil Borrow
c) Erosion Control and Restoration
LS
LS
LS
$44,000.00
$5,000.00
$6,000.00
Construction Total
+ 50% Bond Increase
Total Amount of Financial Guarantee
$55,000.00
$27.000.00
$82,500.00
4. COMPLETION. The Developer agrees that the Work shall be completed in its
entirety on or before the 31th day of December, 2005 (the Completion Date), except as this period
of time is extended by resolution of the Council, or by the City taking no action to require
completion herew1der on a timely basis. It is w1derstood and agreed that failure of the City to
promptly take action to dra\v upon the bond or other security to enforce this Agreement after the
expiration of the time in which the Work is to be completed hereunder will not waive, estop or
release any rights of the City and the City can take action at any time thereafter to require
completion of the Work, and payment for same, Furthem1ore, the term of this Agreement shall be
deemed to be automatically extended until such time as the City Council declares the Developer in
default thereunder, and the statute of limitations shall not be deemed to commence running until the
City Council has been notified in \vriting by the Developer that the Developer has either complied
with this Agreement, or that it refuses to for any reason. These provisions shall be applicable to any
person who shall give a financial guarantee to the City as required below.
5. COST OF WORK. The Developer shall pay for all costs of persons doing work or
furnishing skill, tools, machinery or materials, or insurance premiums or equipment or supplies and
all just claims for the same, and the City shall be under no obligation to pay the Developer or any
subcontractor any sum whatsoever on account thereof, whether or not the City shall have approved
the subcontract or subcontractor, and the Developer and its suret)' shall hold the Cit)' harmless
against any such claims, and provide the City with all necessar)' lien waivers.
6. DEF AULT. In the event of default by the Developer as to any of the Secured Work
to be perfonned hereunder, the Cit)' may, at its option, perform the Secured Work and the
Developer shall promptly reimburse the City for any expense incurred therein by the City, provided
the Developer is first given written notice by United States Mail ofthe Secured Work in default and
required to be done by the Developer, not less than 7 days being given thereby to the Developer to
remove the default status, said notice being addressed to the Developer at the address set forth
below. Notice given in this manner being sufficient as described, by agreement of the parties
hereto. Notice to the Developer shall also constitute, without further action, notice to any
contractor or subcontractor, whether they are approved and accepted by the City or not. In the event
of emergency, as determined by the City Engineer, the 7 day notice requirement to the Developer
shall be and hereby is waived in its entirety by the Developer, and the Developer shall reimburse the
City for any expense so incurred by the City in the same manner as if mailed notice as described
above had been given. It is understood by the parties, however, that the responsibility of the
Developer is limited by strikes and force majeure.
7. ADMINISTRATION COSTS. Developer agrees to reimburse the City for the
actual costs to the City associated with Planning Case 04-03 and this Agreement, including but not
limited to. engineering and atto111ey's fees. Developer agrees that the financial guarantee shall not
be released until all such costs have been paid to the City.
8. HOLD HARMLESS. The Developer agrees to indemnifY' and hold ha1111less the
City and its agents, employees, and representatives against any and all claims, demands, losses,
damages and expenses (including attomey fees) aIising out of or resulting from the Developer's
negligent or intentional acts, or aI1Y violation of any safety law, regulation or code in the
perf01111aI1Ce of this Agreement, without regard to any inspection or review made or not made by
the City, its agents, employees, or representatives, or failure by the City, its agents, employees, or
representatives to take any other prudent precaution. In the event aI1Y City employee, agent or
representative shall come under the direct or indirect control of the Developer, or the City, upon the
failure of the Developer to comply with any conditions of this Agreement, performs said conditions
purSUaIlt to the financial guarantee, the Developer shall indemnifY and hold haImless the City, its
employees, agents and representatives for its 0\\111 negligent or intentional acts in the perfOrmaI1Ce of
the Developer's required work under this Agreement.
9. COST OF ENFORCEMENT. The Developer agrees to reimburse the City for all
costs incuned by the City in the enforcement of this Agreement, or any portion thereof, including
court costs aIld reasonable engineeling and atto111ey's fees.
10. FINANCIAL GUARANTEE, The Developer shall furnish the City with a financial
guarantee acceptable to the City in one of the following forms: a) cash escrow; b) a perfonnance
bond issued by an approved corporate surety licensed to do business in the State of Minnesota, and
executed by the Developer as the principal: c) an inevocable letter of credit; d) an automatically
renewing celtificate of deposit in Developer's nanle but assigned to the City; e) other financial
instruments which provide equivalent assuraI1Ce to the City. Said financial guaraIltee shall be
furnished to the City as security! to assure completion of the items of Secured Work as set forth
above, aIld payment of the costs of administration as set forth above. The financial guaraIltee shall
be in all aIll0Wlt of 150% of the cost of the Secured Work as estimated by the City Engineer. The
financial guarantee provided shall continue in full force and effect until the landscaping guaranty is
satisfied, the City Council approves aIld accepts all of the Secured Work undertaken, aIld releases
the surety and/or the Developer from any further liability, and until all administrative costs are paid
in full, including payment of the park dedication and St01111 water ponding fees. The City Council
may reduce the amount of the financial guarantee upon partial completion of the Secured VI/ork,
payment of all outstanding administrative costs and fees and satisfaction of the landscaping
gUaI'aI1ty.
11, NOTICE. The address of Developer, for purposes of this Agreement is as follows,
and any notice mailed by the City to this address shall be deemed sufficient notice under this
Agreement, until notice of a change of address is given to the City in \vriting:
Alan Chazin, President
i\ Ian Chazin Homes. Inc.
5353 Wayzata Blvd.
Suite 602
Minneapolis, MN 55416
(952)546-3385
12. SEVERABILITY. If any portion, section, subsection, paragraph, sentence, clause or
phrase of this Af:,rreement is for any reason held to be invalid, such decision shall not affect the
validity of the remaining pOltion of this Agreement.
13. SUCCESSION. This Agreement shall be binding upon the parties, their heirs,
successors or assigns, as the case may be.
14. PARK DEDICATION FEE. The Developer specifically acknowledges that the park
dedication fee required in connection with development of the Property pursuant to the Plans is in
the amount of$10,500,OO and must be paid in full upon approval of the final plat for the Property.
15. STORM WATER PONDING FEE, The Developer specifically acknowledges that
the storm water ponding fee required in connection with development of the Property pursuant to
the Plans is in the amount of$30,250.00 and must be paid in full upon approval of the final plat for
the Property.
16. LANDSCAPING GUARANTY, The Developer specifically acknowledges it
will guaranty the life of all new plantings on the Property required by this agreement until June 1,
2006. Developer al:,rrees it will replace at its cost any required plantings that fail to survive until
June 1, 2006.
IN WITNESS \VHEREOF, we have hereunto set our hands and seals.
ALAN CHAZIN HOMES. INC.
CITY OF NEW HOPE
By
Its
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By LJani e II Lbi1(d7~L f"-
Its C/ f-c; /]iZd.1i {f{i(y
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STATE OF MINNESOTA )
) ss,
COUNTY OF HENNEPIN )
_ The foregoing instrument was acknowledged before me this L day of
IIi/CieL:Jl... , 2004, by Don Collier and Daniel J. Donahue, the Mayor and Manager,
respectively, of the City of New Hope, a municipal corporation of the State of Minnesota, on behalf
of said municipal corporation,
VALERIE J. LEONE
NOTARY PUBUC-lvliiJiiESOTA
Notary Public
COUNTY OF
The foregoing instrument was acknowledged before me tins day of
2004, by (J 1.(1.1/1 Ch';;hC."';",-- and , the
and U , respectively, of Alan Chazin Homes,
Inc., a Minnesota corporation, on behalf of said corporation.
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if'; l-,c.Lb('tj) 0,
Notary Public
;n~C\L-l") >--
I
DRAFTED BY:
Jensen & Sondrall, P.A.
8525 Edinbrook Crossing, #201
Brooklyn Park, Iv1N 55443
(763) 424-8811
BARBARA J. NELSON
NOTARY PUBUC. MINNESOTA
My Commission Expires Jan. 31. 2005
II\Atlomcy\SA.S\l Cli("''1'lt Filcs\2 City of Nt........ Hopc\99-677 I 1 (H.illsidc '"crracc}\Dcvd;:lpmcm DJ :!.ltl.":lU!.tc.doc
()
Exhibit A
Legal Description
Outlot A, Parish Community of St Joseph, Hennepin County, Minnesota
7
August 20, 2004
Mr. David Lenzen
Parish Community of St. Joseph
870136th Avenue North
New Hope, MN 55427
Mr. Alan Chazin
Alan Chazin Homes Inc.
5353 Wayzata Boulevard, Suite 602
M:inneapolis, MN 55416
Subject: Hillside Terrace
Dear Messrs. Lenzen and Chazin:
Thank you for retuming the documents relating to Hillside Terrace. Enclosed are fully executed
copies of the Petition for Public Improvement/Assessment Agreement and the Site Development
Agreement.
At this time the following items are necessary:
1. Two mylars of the final plat and 8 bluelines
2. Payment of the $10,500 park dedication fee
3. Financial guarantee of $82,500
Further, it is my understanding that per your discussion with the Community Development Director,
payment of the storm water ponding fee of $30,250 (in lieu of on-site ponding) is due upon the
issuance of the first building permit.
If you have any questions regarding these items, please contact Kirk McDonald at 763-531-5119.
Sincerely,
U .____/~
/ !1UjjJ.. CL)f-iTYv-
Valerie Leone, CMC
City Clerk
Enc.
cC': Kirk McDonald (PC 04-03)
Vince VanderTop, City Engineer
Guy Jolll1son, Director of Public Works
Steve Sondrall, City Attomey
Roger Axel, Building Official 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. TOO: 763-531-5109
City Hall Fax: 763-531-5136. Police Fax: 763-531-5174. Public Works Fax: 763-592-6776
COUNCIL
REQUEST FOR ACTION
Originating Department
Approved for Agenda
Agenda Section
Public Works
August 9, 2004
eonsent
Item No.
By: Guy Johnson
By:
6.6
RESOLUTION AWARDING CONTRACT FOR THE
CONSTRUCTION OF HILLSIDE TERRACE INFRASTRUCTURE
IMPROVEMENT NO. 771
REQUESTED ACTION
Staff is recommending that Council approve the resolution approving a contract between the city of New Hope and Carl
Bolander and Sons Company for the construction of a city street, cul-de-sac, and necessary infrastructure improvements
in the amount of $191 ,811,31.
BACKGROUND
Allen Chazin Homes has entered into an agreement with St. Joseph's Church to purchase the out lot A on the west edge
of the church property. A plat plan that includes seven lots has been proposed for the development. In order for the
development to proceed, a street, cul-de-sac, and the associated infrastructure must be installed.
The City Council authorized the preparation of plans and specifications for construction of the necessary infrastructure on
June 14, 2004, and approved plans and specifications on June 28,2004. Six bids were received on July 19, 2004. The
lowest responsible bid for the construction of the infrastructure was from Carl Bolander & Sons Company for $191,811.31.
The engineer's construction cost estimate was $202,000 for the 35th Avenue extension, the cul-de-sac, and the utilities.
The city of New Hope is responsible for the installation of a trunk storm water pipe serving existing neighborhoods, at a
construction cost of $26,148.70. The city is also responsible for a portion of the street construction costs, estimated at
$19,462,55, that is associated with the reconstruction of the existing 35th Avenue, between Ensign Avenue and out lot A,
that will be impacted by the trunk storm water pipe installation, The balance of the contract cost would be the responsibility
of the developer through an assessment agreement.
FUNDING
Funds for the city's portion of this project are available through the Street Infrastructure Fund and Storm Water Fund,
ATTACHMENTS
Copies of the resolution, engineer's memorandum, and the bid tabulation are attached.
MOTION BY
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I:RFA\Pubworks\2004\771 Award Contract
RESOLUTION NO 04-~5
RESOLUTION AWARDING CONTRACT
FOR THE CONSTRUCTION OF
HILLSIDE TERRACE INFRASTRUCTURE
IMPROVEMENT NO. 771
BE IT RESOLVED by the City Council of the City of New Hope as follows:
1. That bids for the construction of Hillside Terrace fufrastructure Improvement No. 771
were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 1:30 p.m. on the 19'h
day of July, 2004, as heretofore authorized by this Council.
') That advertisement for bids for the construction of said improvement was published
in the New Hope-Golden Valley Sun-Post, the official newspaper ofthe City, on July 8, 2004, and in
The Construction Bulletin on July 2 and July 9, 2004.
3. It is hereby found and determined by this Council that the bid of Carl Bolander &
Sons Co. for the construction of said project in the amount of$191,811.31 is the lowest responsible
bid submitted for the construction of said improvement; that Bonestroo, Rosene, Anderlik &
Associates, Inc., Engineers for the City, have recommended to this Council the said low bid for the
award of the contract for the construction to the designated lowest responsible bid.
4. The Mayor and Manager are authorized and directed to enter into an improvement
contract for the construction of said improvement in the name ofthe City with the lowest responsible
bidder, subject to the said contractor furnishing a public contractor's surety bond, conditioned as
required by law. The award of this contract is also subject to the Church of St Joseph and Alan
Chazin Homes, Inc., the owner and developer respectively of the property abutting and specially
benefiting from this public improvement, entering into a Petition For Public Improvement and
Assessment Agreement and developer entering a Site Development Agreement for the construction
of the Hillside Terrace development.
Adopted by the Council this 9" day of A'4 ~
J -
Attest: la.u,U--f..~/'u:...
Valerie Leone, City Clerk
P:\A. TTQR...l.lEY..cNH RESOLUTIONSCNH99.67111-OOZ.RESOWTION AWARDING CONTRACTDZ.DQC
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Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal
Opportunity Employer and Employee Owned
Principals: Otto G. Bonestroo, P.E. . Marvin L. Sorvala, P.E. . Glenn R. Cook, P.E. . Robert G.
Schunicht, P.E.. Jerry A. Bourdon, P.E.. Mark A. Hanson, P.E
Senior Consultants: Robert W. Rosene, P.E. . Joseph C. Anderlik, P.E. . Richard E. Turner,
P.E. . Susan M. Eberlin, C.P.A.
Associate Principals: Keith A. Gordon, P.E. . Robert R. Pfefferle, P.E. . Richard W. Foster,
P.E.. David O. Loskota, P.E... Michael T. Rautmann, P.E.. Ted K. Field, P.E.. Kenneth P.
Anderson, P.E.' Mark R. Rolfs, P.E.. David A. Bonestroo, M.B.A.. Sidney P. Williamson, P.E.,
L.S. . Agnes M. Ring, M.B.A. . Allan Rick Schmidt, P.E. . Thomas W. Peterson, P.E. . James R.
Maland, P.E. . Miles B. Jensen, P.E. . L. Phillip Gravel III, P.E. . Daniel J. Edgerton, P.E. .
Ismael Martinez, P.E. . Thomas A. Syfko, P.E. . Sheldon J. Johnson. Dale A. Grove, P.E. .
Thomas A. Roushar, P.E. . Robert J. Devery, P.E.
Offices: St. Paul, SI. Cloud, Rochester and Willmar, MN . Milwaukee, WI. Chicago, IL
Website: www.bonestroo.com
Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
July 21,2004
Guy Johnson
City of New Hope
5500 International Parkway
New Hope, MN 55428-4843
Re: Hillside Terrace mfrastructure Improvements Project
City Project No. 771
File No. 34-04-162
Recommendation of Contract Award
Bids were opened for the Project stated above on Monday, July 19, 2004 at 1:30 P.M. Transmitted
herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to
each Bidder.
There were a total of six (6) Bids. The following summarizes the results ofthe Bids received:
Low
#2
#3
#4
#5
#6
Contractor
Carl Bolander & Sons Company
G. L. Contracting, mc.
Penn Contracting, mc.
Jay Bros., mc.
Northdale Construction Company, mc,
Burschville Construction mc,
Bid Amount
$191,811.31
$207,625.40
$208,591.20
$216,027.95
$219,830.43
$220,039.45
The low Bidder on the Proj ect was Carl Bolander & Sons Company with a Base Bid of $191,811.31.
This compares to the Engineer's Estimate of $200,000.00. These Bids have been reviewed and found to
be in order.
The total project includes all necessary work for the installation of infrastructure for the Hillside Terrace
development. The project also includes trunk storm sewer work identified in the City's Surface Water
Management Plan. As such, it is recommended that the construction cost of the project be divided
between the Developer and City as follows. The details of the cost division are included in the attached
spreadsheet. The follow costs do not includes indirect costs.
Item
Sanitary Sewer
Water Main and Services
Trunk Storm Sewer
Lateral Strom Sewer
Street Improvements
Total
Development Costs
$24,240.36
$27,203.00
$19,049.90
$7,957.90
$ 67.748,90
$146,200.06
City Cost
$0.00
$0.00
$26,148.70
$0.00
$19.462.55
$45,611.25
Total
$24,240.36
$27,203.00
$45,198.60
$7,957.90
$ 87.211.45
$191,811.31
2335 West Highway 36. St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311
All of the above Contractors have proven they are capable of performing the work associated with this
type of Project. lfthe City Council wishes to award the Project to the low Bidder, then Carl Bolander &
Sons Company should be awarded the Project on the Base Bid Amount of $191,811.31.
Should you have any questions, please feel free to contact me at (651) 604-4790.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
~~~
Vincent T. Vander Top, P.E.
Enclosures
2335 West Highway 36. St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311
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~ ~ ~ Bonestroo
II Rosene
~ Anderfik &
1 ~ . Associates
Engineers & Architects
2335 West Highway 36 . St. Paul. MN 55113
Office: 651-636-4600 . Fax: 651-636-1311
www.bonestroo.com
August 17, 2004
Richard L. O'Gara
Carl Bolander & Sons Co.
251 Starkey Street
St Paul, NIN 55107
Re: City of New Hope, Minnesota
Hillside Terrace Infrastructure Improvements Project
City Project No. 771
File No. 34-04-162
Contract Documents
Enclosed are four (4) Contract Documents between you and the City of New Hope covering the above-referenced
Project. Please complete Specification Section 00520 Agreement Form, Section 00610 Performance Bond, and
Section 00615 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding
company has completed the Contract Documents, forward them to the attorney listed below who will review
them for the City of New Hope:
Mr. Steven Sondrall
Jensen & Sondrall P.A.
8525 Edinbrook Crossing, Suite 201
Brookly1l Park, NIN 55443-1983
After the necessary officials have signed the Contracts, please distribute as follows:
2 copies
1 copy
1 copy
Carl Bolander & Sons Co. (1 - your file, 1 - your bond company)
City of New Hope, Attention: Valerie Leone
Bonestroo & Associates, Attention: Vince Vander Top
Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's
Attorney, a pre-construction conference will be scheduled with you and the City of New Hope to review the
Proj ect.
Sincerely,
BONESTROO, ROSENr:, Al'IDERLIK & ASSOCIATES, We.
/C~y
Vincent T, Vander Top, P,E,
Enclosures: Four (4) Contract Documents
cc: Steven Sondrall, City Attorney
Valerie Leone, City of New Hope
. St. Paul, St. Cloud, Rochester, Willmar, MN · ivlilwaukee, WI . Chicago, IL
Affirmative Acrion,/Equal Opportunity Employer and Empioyee Owned
DOUGLAS J. DEBNER'
GORDON L. JENSEN!
CLARISSA lVI, KLUG
GLEN A. NORTON
STEVEN A. SONDR~LL
STACY A. WOODS
OF COUNSEL
LORENS Q. BRYNESTAD
'Real Propeny Law
Speeialist Certified By
The Minnesota State
Bar Association
'Admitted in Iowa
I JENSEN & SONDRALL, P.A.
Attorneys At Law
8525 EDINBROOK CROSSING, STE. 201
BROOKLYN PARK, MINNESOTA 55443-1968
TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193
e-mail law@jensen-sondrall.com
Writer's Direct Dial No.: (763) 201-0217
e-mail djd@jensen-sondrall.com
September 22, 2004
Mark R. Ryan, President
Carl Bolander & Sons Co,
251 Starkey Street
St. Paul, MN 55107-0216
SENT BY FACSIMILE
ONLY TO: (651) 223-8197
Re: The City of New Hope 2004 Hillside Terrace Infrastructure Improvements Contract
City Project No.: 771
City Engineer File No.: 34-04-162
Our File No.: 99.10030(B)
Dear Mr. Ryan:
I have received a proposed Certificate of Insurance and it meets with our approval with one
exception. The notice cancellation provision on the proposed Certificate of Trust fails to meet the
requirements of Section 5.04(B)(5) of the Contract. Therefore it is requested the following
changes be made to that provision:
SHOULD ANY OF THE ABOVE-DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE ISSUING INSURER WILL ENDEA \TOR TO MAIL 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
NAMED TO THE LEFT, BUT F;\IU_TRE TO M/,.IL SVCH
l'~OTICE SHALL IMPOSE NO OBLIG.^~TION OR LL^J3ILITY
OF .<,'-'NY KIND '[IPON THE INSURER, ITS L\GENTS OR
REPRESENTATIVES.
Please provide us with four originals of revised Certificate of Trust. Upon receipt we \vill forward
the Contracts to the City for final execution.
Please contact me with any questions or comments. Otherwise, I thank you for your attention to
this matter.
Very truly yours,
Douglas J. Debner
Assistant City Attorney
City of New Hope
JENSEN & SONDRALL, P.A.
d j d@jensen-sondrall.com
cc: Steven A. Sondrall, City Attorney, City of New Hope (via email onlyto:sas@jensen-sondrall.com)
September 23, 2004
Page 2
Guy Jolmson, Director of Public Works, City of New Hope (via email only to: gjohnson@ci,new-hope.rrm.us)
Dale Reed, Operations Manager, City of New Hope (via email only to: dreed@ci,new-hope,rrm,us)
Manuel Jordan, City Forester/Contract Manager (via email only to: mjordan@ci.new-hope.rrm.us)
Valerie Leone, City Clerk, City of New Hope (via email only to: vleone@ci.new-hope.rrm.us)
Vincent T, Vander Top, New Hope Engineer (via email tovvandertop@bonestroo.com)
P:\".ttomeyiDJD\2. City of New Hopci99.10030 (B) - Publie Works MatlersilO- 2004 Hillside Terrace Infrastructure Improvements ContractiCNH99.I0030(B)(IO)-002-Ryan LtLdoc
DOUGLAS J. DEBNER'
GORDON L. JENSENl
CLARISSA M. KLUG
GLEN A. NORTON
STEVEN A, SONDRALL
STACY A. WOODS
OF COUNSEL
LORENS Q. BRYNESTAD
'Real Property Law
Specialist Certified By
The Minnesota State
Bar Association
'Admitted in Iowa
JENSEN & SONDRALL, P.A.
Attorneys At Law
8525 EDINBROOK CROSSING, STE. 201
BROOKLYN PARK, MINNESOTA 55443-1968
TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193
e-mail law@jensen-sondraIl.com
Writer's Direct Dial No.: (763) 20]-0217
e-mail djd@jensen-sondrall.com
September 3, 2004
Mark R. Ryan, President
Carl Bolander & Sons Co,
251 Starkey Street
St. Paul, MN 55107-0216
SENT BY FACSIMILE
ONLY TO: (651) 223-8197
Re: The City of New Hope 2004 Hillside Terrace Infrastructure Improvements Contract
City Project No.: 771
City Engineer File No.: 34-04-162
Our File No.: 99.10030(B)
Dear Mr. Ryan:
The City Attorney's Office is responsible for verifying that the Contractor has validly signed the
Contract and met the relevant terms of the Contract prior to execution by the City. To that end I
have recently been provided with the four (4) original 2004 Hillside Terrace Infrastructure
Improvements Contracts signed by you. Unfortunately, I cannot advise the City to proceed with
the execution of the Contract at this time because a Certificate of Insurance was not submitted with
the Contracts.
Standard Conditions of the Construction Contract Section 5.03 requires a Certificate be
provided, As I am unable to verify compliance with virtually all of the insurance related provisions
of the Contract until I receive your Certificate of Insurance, it would be deeply appreciated if you
would provide one as soon as possible. As it is very common for Certificates of Insurance to be
revised, it would probably greatly speed the process if you would have your insurance agent fax a
proposed Certificate to me before it is signed.
Please contact me with any questions or comments. Otherwise, I thank you for your attention to
this matter,
Very truly yours,
Douglas J. Debner
Assistant City Attorney
City of New Hope
JENSEN & SONDRALL, P.A.
djd@jensen-sondrall.com
September 3,2004
Page 2
cc: Steven A. Sondrall, City Attorney, City of New Hope (via email onlyto:sas@jensen-sondral1.com)
Guy Johnson, Director of Public Works, City of New Hope (via email only to: gjohnson@ci,new-hope.mn,us)
Dale Reed, Operations Manager, City of New Hope (via email only to: dreed@ci.new-hope.mn.us)
ManueI Jordan, City Forester/Contract Manager (via email only to: mjordan@ci.new-hope,mn.us)
Valerie Leone, City Clerk, City of New Hope (via email only to: vleone@ci,new-hope.mn,us)
Vincent T. Vander Top, New Hope Engineer (via email tovvandertop@bonestroo.com)
P:I.-\ttorneyIDJDi2. City orNew Hope199.10030 (B) - Public Works MattersllO- 2004 Hillside Terrace Infrastructure Improvements ContractICNH99.10030(B)( 10).001-Ryan LtLdoc
DOUGu.s J. DEBNER2
GORDON L. JENSEN I
CLARISSA M. KLUG
GLEN A, NORTON
STEVEN A. SOl'mR~LL
STACY A, WOODS
OF COUNSEL
LORENS Q. BR'\:N'ESTAD
'Real Property Law
Specialist Certified By
The M innesOla State
Bar Association
'Admitted in Iowa
JENSEN & SONDRALL, P.A.
Attorneys At Law
8525 EDINBROOK CROSSING, STE. 201
BROOKL YN PARK, MINNESOTA 55443-1968
TELEPHONE (763) 424-8811 . TELEFAX (763) 493-5193
e-mail law@jensen-sondrall.com
Writer's Direct Dial No.: (763) 201-0217
e-mail djd@jensen-sondrall.com
October 1, 2004
Valerie Leone
City Clerk
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re: The City of New Hope 2004 Hillside Terrace Infrastructure Improvements Contract
City Project No.: 771
City Engineer File No.: 34-04-162
Our File No.: 99.10030(B)
Dear Val:
Please find enclosed four (4) originals of the above referenced contract. Four originals of each
bond and four originals of the Certificate of Insurance are also included with the contracts, The
City may complete the execution of these contracts at this time.
Please call me if you have any questions. Thank you.
I
ve. ry......)ul~7rJf '. ./! . ..:1 .
u'/.' (dA-
;;'Ji/ be~ Assistant City Attorney,
CjY of New Hope
Enclosures
cc: Steven A. Sondrall, City Attorney [via e-mail only]
Guy Johnson, Public Works Director [via e-mail only]
P:\Auomey\DJD\2. City of New Hope\99.10030 (B) - Public Works ~latters\lO~ 2004 Hillside Terrace Infrastructure Improvements Conrract\CNH99.10030{BHlO)-(XJ3-LT
VaI.doc
October 8,2004
Mr. Mark Ryan, President
Carl Bolander & Sons Co.
251 Starkey Street
St. Paul, MN 55107-0216
SUBJECT: 2004 HILLSIDE TERRACE INFRASTRUCTURE IMPROVEMENTS _
(IMPROVEMENT PROJECT NO. 771)
Enclosed are two fully executed contract documents for New Hope Project No. 771. 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 August 9, 2004,
for $191 ,811.31.
Enclosed is return of your bid bond. 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 Guy Johnson,
Director of Public Works, at 763-592-6766.
Sincerely,
J-
/.~"
I
Valerie Leone
City Clerk, CMC
enc.
cc: Steve Sondrall, City Attorney (File No. 99,1 0030(B)
Vince VanderTop, Assistant City Engineer (File No. 34-04-162)
Guy Johnson, Director of Public Works
CITY OF NEW HOPE
4401 Xylon Avenue North · New Hope, Minnesota 55428-4898 . W\VW, ci.ne\'\'-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
COUNCIL
REQUEST FOR ACTION
Originating Department
Approved for Agenda
Agenda Section
Public Works
April 11, 2005
Consent
Item No.
6.5
B Guy Johnson
RESOLUTION APPROVING CHANGE ORDER NO.1 RELATING TO CONTRACT FOR
THE HILLSIDE TERRACE INFRASTRUCTURE INSTALLATION
(IMPROVEMENT PROJECT NO. 771)
REQUESTED ACTION
Staff is recommending that the Council approve a change order to the contract with the Carl Bolander & Sons Company
for the Hillside Terrace Infrastructure Improvement Project in the amount of $10,734.
POLICY/PAST PRACTICE
This work coincides with the city's mission of delivering quality public services to residents, property owners, and
organizations within the city in a prudent and efficient manner.
BACKGROUND
Allen Chazin Homes entered into an agreement with St. Joseph's Church to purchase the out lot A on the west edge of the
church property. A plat plan that includes seven lots was approved for the development. In order for the development to
proceed, a street, cul-de-sac, and the associated infrastructure had to be installed.
The City Council authorized the preparation of plans and specifications for construction of the necessary infrastructure on
June 14, 2004, and approved plans and specifications on June 28, 2004. Six bids were received on juiy i9, 2004, The
lowest responsible bid for construction of the infrastructure was from the Carl Bolander & Sons Company for $191,811.31.
The engineer's construction cost estimate was $202,000 for the 35th Avenue extension, the cul-de-sac, and the utilities.
During the project it has been necessary to adjust some of the work and correct some issues. The contractor has
requested a change order to address these items. Staff is recommending payment for these items.
The items are:
Utility structures in the new street were raised. (New home sites and the street were
raised because of sanitary sewer drainage concerns. This necessitated adjusting the
utility structures in the new street to match the street's new elevation.) $1,992
Installation of a new storm water structure on Ensign Avenue was required. (The existing
structure had to be removed because exterior structural defects were exposed during
excavation around the structure.) $8,742
Total: $10,734
MOTION BY
l /./:/-l (~;
SECOND BY
TO:
I:RFA\Pubworks\2005\771 Hillside Terrace Infrastructure Change Order
771 Change Order
April 11, 2005
Page 2
FUNDING
Bolander and Sons Company's original contract for the project was $191,811.31. With this change order the contract
amount will be $202,545.31. Funding for replacement of the city's existing storm water structure will be from the city's
storm water fund. The cost for adjusting utility structures in the new street will be the responsibility of the developer.
ATTACHMENTS
Copies of the engineer's memorandum, the resolution, and the change order are attached,
RESOLUTION NO. 05 - 53
CITY OF NEW HOPE
RESOLUTION APPROVING CHANGE ORDER NO.1
FOR THE CONSTRUCTION OF THE
HILLSIDE TERRACE INFRASTRUCTURE
IMPROVEl\1ENT PROJECT NO. 771
BE IT RESOLVED by the City Council of the City of New Hope that Change Order No. 1
in the amount ofTen Thousand Seven Hundred and Thirty-four and 00/100 Dollars ($10,734.00) to
the contract with Carl Bolander & Sons Company for the Hillside Terrace Infrastructure
Improvement Project identified as Improvement No. 771 is hereby approved, Change Order No.1 is
necessary to address additional work as described in the City Engineer's March 17, 2005 letter
attached hereto as Exhibit A. The Mayor and City Manager are hereby authorized and directed to
sign Change Order No.1 permitting this work to occur.
Dated the 11 th day of April, 2005.
" c)
J2~
-...fi . ~-:)
Attest: / /} i(7.L.U ,..... 7..nL.~
V a1~rie Leone, City Clerk
p:\AnOR.~EY\SAS\1 CLlE?'o-r FTI..E$\2 CITY OF NEW HO?E\99-67711(HIU.SIDE TERR.-\CE)\RESou..inON A.PPR Clt.!u....GE ORDER LDOC
1
~~
. f1, Bonestroo
LJI Owner: City of New Hone, 4401 Xylon Ave. N., New Hope,:tvlN 55428
..::::. Rosene
"1\11 Anderli/< & Contractor: Carl Bolander & Sons Co., 251 Starkey Street, SL Paul,:tvlN 55107
. \J. Associates
Engineers & Architects Bond Company:
Date March 17, 2005
Bond No:
CHAl'l'GEORDERNO. 1
HJLLSIDE TERRACE INFRASTRUCTURE Th1PROVEMENTS
CLIENT PROJECT NO. 77I
BRA FILE NO. 34-04-162
Description of Work
Structure Chan!!es
Several new structures were ordered to accomodate revised street grades.
Storm Sewer Structure Replacement
An existing storm sewer manhole was removed and replaced with a new structure. All work involved, including necessary
connections to existing and new pipes, was completed.
Contract Unit Total
No. Item Unit Quantity Price Amount
CHAl'lGE ORDER NO.1
Structure Changes LS $1,992.00 $1,992.00
2 Storm Sewer Structure Replacement LS $8,742.00 $8,742.00
Total CHANGE ORDER NO.1: $10,734.00
34041 62CHOI.xls
II f1 ~ Bonestroo
e Rosene
1i\lI Anderlik &
1 \J'1 Associates
Engineers & Architects
2335 West Highway 36 . 51. Paul. MN 55113
Office: 651-636-4600 . Fax: 651-636-1311
www.bonestroo.com
March 17,2005
Mr. Guy Johnson
City of New Hope
5500 International Pkwy.
New Hope, MN 55428
Re: Hillside Terrace Development, City Project No. 771
Change Order # 1
BRAA # 34-04-162
Dear Guy:
The plans submitted by the developer of Hillside Terrace include home elevations such that there
was concern about potential future sanitary sewer backups. To address this potential hazard, the
elevations of the homes were raised, resulting in a raised street grade.
This revision required design alterations for some of the sewer structures. The total costs
associated with the new structures totaled $1,992.00.
The existing storm manhole at the intersection of 35th and Ensign Avenues was to act as a
connection point for the new City storm sewer. The connection allows the existing flow at this
point to be intercepted and rerouted to the regional pond located on the St. Joseph's property,
alleviating downstream capacity issues. After excavation around the structure was complete, it
became evident that the structure would not support the proposed connection while maintaining
sufficient structural integrity.
The existing structure was removed in its entirety and replaced with a new structure. The
contractor completed the work, including setting the new structure and making all the necessary
connections to existing and new pipes. The equipment, material, and labor costs to perform the
work totaled $8,742.00.
It is recommended that the City Council approve the enclosed Change Order #1 in the amount of
$10,734.00 for the work completed. This will increase the amount of the contract for the project
from $191,811.31 to $202,545.31.
Sincerely,
BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC.
?::- ~~
Vince Vander Top
Enclosure
. St. Paul, St. Cloud, Rochester, Willmar, MN . Milwaukee, WI · Chicago, IL
Affirmative Action/Equal Opportunity Employer and Employee Owned
April 15, 2005
Carl Bolander & Sons Co.
251 Starkey Street
St. Paul, MN 55107
Subject: Change Order No. 1 - Project No. 771 (Hillside Terrace Infrastructure
Improvements)
Enclosed for your records are two fully executed copies for the above-referenced Change
Order. Please forward one copy to your bonding company. The change order amount
was a $10,734.
This change order was approved by the New Hope City Council at its meeting of April 11,
2005.
Sin9~rely,
/~/ ,-'
-.,. C
//Y~CD'U!..-
Valerie Leone, CMC
City Clerk
Ene.
cc: Guy Johnson, Director of Public Works
Vince Vander Top, Assistant City Engineer (BRAA #34-04-162)
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 Fax: 763-531-5174. Public Works Fax: 763-592-6776
, t1, Bonestroo
a Rosene
~ Anderlik &
. \J. Associates
Engineers & Architects
Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428
Contractor: Carl Bolander & Sons Co., 251 Starkey Street, St. Paul, tvlN 55107
Date March 17,2005
Bond Company:
Bond No:
CHANGE ORDER NO. 1
HILLSIDE TERRACE INFRASTRUCTURE llvlPROVEMENTS
CLIENT PROJECT NO. 77I
BRA FILE NO, 34-04-I62
Description of Work
Structure Chane:es .
Several new structures were ordered to accomodate revised street grades.
Storm Sewer Structure Replacement
An existing storm sewer manhole was removed and replaced with a new structure. All work involved, including necessary
connections to existing and new pipes, was completed.
Contract Unit Total
No. Item Unit Quantity Price Amount
CHAN'GE ORDER NO.1
Structure Changes LS S 1,992.00 SI,992.00
2 Storm Sewer Structure Replacement LS S8,742.00 S8,742.00
Total CHAi'lGE ORDER NO.1: 510,734.00
3404162CHOl.xls
Original Contract Amount
Previous Change Orders
This Change Order
Revised Contract Amount (including this change order)
$191,811.31
$10,734.00
$0.00
$202,545.31
Recommended for Approval by:
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
~ /~/:2~
/'
Date:
3/ZI/O:!;-
I
Approved by Contractor:
CARL BOLAJ.'lDER & SONS CO.
Approved by Owner:
CITY OF NEW HOPE
/1//, .'5 r::;j2'"
l, Jf!t0L _~~~
/ I /1
\) ~
'-I ' ~ /~
I~l/--Q)
Date
cc: Owner
Contractor
Bonding Company
Bonestroo & Assoc.
3404162CH01.xls
Project Manual For
Hillside Terrace Infrastructure
Improvements
City Project NOe 771-
ew
o e,
es a
File No. 34-04-162
Julv 2004
"
Bonestroo
Rosene
'1t\lI Anderlik &
, ~., Associates
Engineers & Architects
ACORDTM I CERTIFICATE OF INSURANCE I ISSUE DATE
09/23/2004
PRODUCER This certificate is issued as a matter of information only and confers no rights
MCGRIFF, SEIBELS & WILLIAMS, INC. upon the Certificate Holder. This Certificate does not amend, extend or alter the
coverage afforded by the policies below.
P.O. Box 10265
Birmingham, AL 35202 COMPANIES AFFORDING COVERAGE
205-252-9871
Company Liberty Surplus Insurance Company
A
INSURED Company U.S. Fire Insurance Company
Carl Bolander & Sons Co. B
251 Starkey Street Company
S1. Paul, MN 55107 C SI. Paul Surplus
Company
D
Company
E
This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding
any requirement, term or condition of 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, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims.
CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE LIMITS OF LIABILITY
LT EXPIRATION
A GENERAL LIABILITY EGLB0200140013 09/30/2003 EACH OCCURRENCE $ 1,000,000
~ Commercial General Liability 09/30/2004 FIRE DAMAGE $ 50,000
o Claims Made ~ Occurrence MEDICAL EXPENSE
o Owners' and Contractors' Protection PERS. AND ADVERTISING INJURY $ 1,000,000
~ Policy Cap $8,000,000
0 GENERAL AGGREGATE $ 2,000,000
General Aggregate Limit applies per: PRODUCTS AND COMPo OPER. AGG. 1$ 2,000,000
o Policy ~ Project o Location
B AUTOMOBILE LIABILITY 1336698513 09/30/2003 COMBINED SINGLE LIMIT 1$ 1,000,000
~ Any Automobile 09/30/2004 BODILY INJURY (Per person)
o All Owned Automobiles BODILY INJURY (Per accident)
o Scheduled Automobiles PROPERTY DAMAGE (Per accident)
~ Hired Automobiles
~ Non-owned Automobiles COMPREHENSIVE
0 COLLISION
C WORKERS' COMPENSATION EMPLOYERS LIABILITY 10/01/2003 WC Statutory Limit I I Other I x I
AND EMPLOYERS' LIABILITY ONLY 1 % 1/2004 EL EACH ACCIDENT $ 1,000,000
SW05515380 EL DISEASE (Each employee) $ 1,000,000
Subject to $25,000 Oed EL DISEASE (Policy Limit) $ 1,000,000
C EXCESS LIABILITY QZ06812029 09/30/2003 EACH OCCURRENCE $ 2,000,000
~ Occurrence 0 Claims Made 09/30/2004 AGGREGATE 1$ 2,000,000
Retention/deductible $10000
I
I
I
I
Bolander Job No. 24-2860
Job Name: The City of New Hope 2004 Hillside Terrance Infrastructure Improvements
City Project No. 771
City Engineer File No. 34-04-162
Attorney File No. 99.1 0030{B)
City of New Hope and the Engineer are named as Additional Insured with respect to all Liability coverages shown except Workers' Compensation as required by
written contract subject to policy terms, conditions and exclusions. General Liability, Automobile Liability and Excess Liability coverage applies on a primary and
non-contributorY basis.
CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE INSURER WILL MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
City of New Hope
CIO Jensen & Sondrall, P.A Authorized Representative
Attn: Mr. Douglas J. Debner, New Hope Ass1. City /! { '. ..(
Attorney
8525 Edinbrook Crossings, STE. 201
Brooklyn Park, MN 55443-1968
Certificate ID: HRPXRMP3
PERFORMA.ci\iCE BOND
Bond No. 104 370 252
Any singular reference to Comractor, Surety, Owner, or other pany shall be considered plura! where applicable.
CON"TRACTOR (Name and Address):
Carl Bolander & Sons Co.
451 Starkey Street, St. Paul, MN 55107
OWNER (Name and Address):
City of New Hope
4401 Xylon Avenue N.
New Hope, MN 55428
CONTRACT
Date:8/31/04
Amount: $191,811.31
Description (Name and Location): Municipal
Infrastructure Improvements
SURETY (Name and Address of Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square, Conveyor 3 PB, Hartford, CT 06183
Utility & Street Construction, Hillside Terrace
BOND
Bond Number: 104 370 252
Date (Nor earlier than Contract Date): 8/31 /04
Amoum; $191,811.31
MDdifications to this Bond Form: None
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reYerf,~ side hereof, do each cause
this Performance Bond to be duly e,.;ecuted on its behalf by its authorized o file er . agem, or representati fe.
(Space is provided below for signatures of additional
parties, if required,)
CONTRACTOR AS PRlNCIP AL
Company:
Signature:
Name and Title:
(Seal)
SURETY
Travelers Casualty and Surety
Company of America '. (Seal)
Surety's Na!~ ~d Corn rate Seal----I/ j ,
By: V ~ ~ 7 ~l-,,--
Signature and Title Mark W. Edwards, II ..-'
(Attach Power of Attarne:<;) Attorney-In-Fact
A~est: ~ i.~
Signature and Title Q Kay F. Dalton
Account Manager
SURETY
(Seal)
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
.~tt9st;
Signat'.1!e md Title:
'EJCDC No, C-GlO (2002 edition)
Originally prtpl1rcd through the john efforts of tnc Surety .6r.sSoci.iion of Americll, Engineers Joint Coo tract Documents I: ommif:tee, the AssocIated Gencml
Contrll.ctors of Amerlca, IUld tile American Institute or Architects.
1. Contrac;lor ~nd Sur::ly. jointly and 5~verally. bind thc:mselves, their h~ir.,
e~cCUror5. administrarors. succesSOl"5, and assigns to Owner for me perfor.nnnce 01'
the Contrl!l:t, I'Ihlch is incorp~rnted hcrein by reference.
2. [f Contractor performs tM ConlJ':lct. Surel:}l and Contractor have no obligation
under tllis Bond. e:(cept 10 panidpare in con~r::nceS as providetlln Par:lgraph 3.1.
J. If there is no Owner Dt:f3lllt, Surety's obligation undcr this Bond shall alist:
ant:r~
J. \. Owner has notified Contractor and Surety, at tile addr~s::.s dt:licr1b~ in
Paragraph LO belo"', t1m Ownt:r is cnnsidering declaring a ContracCCr
Defaul! and has r::quested and attempted to arrange a conFerence wir.,
Contractor and Sut:::ty to be hcld not later than [5 days afll:r rt:l:l:ipt of
such notice to discuss merhoos 01' performing \ht: Conuac;r., IF Owner,
Contractor and Surety agree, Conm-ClOr shall be allowed a reasonablt:
limt: to perform tht: Conmct. but such an agreement shall not \lIaive
Owoer's right. if any. subst:quently to declare a Comr:lI:ror Default; and
3.2. Owner has cieclaret! a Contractor Defaulr and fonnally terminatet!
Contractor's rigl\[ to complett: to1e Contl':lct. Such Contracmr Default
shall not be dedared :arlier t.1an 20 days afll:r Conlroctor and Surety
have rr;ct:ived notice as providctl in Paragr~ph 3.1; and
3,3, Owner has ::.gr=:! to pa}' thc 'Balance of the Contract Price (O~
t. Surety in accordance wirh thc terms of the Contract;
2, ,"'noth~r Corltr:lcmr selected purs\I~nr to Parograph 01.3 to perform tl1e
Comract.
... \Vhen Owner haa Elltisfiet1 the conditions of Pa~n.graph 3, Surety shall promptly
and at Surety's e:<;pense taKe ooe of the following actions~
4.1. Arrange for COnL-;:lcror. with coilSenr or Owner. to perform am:!
complete me ContUlCt: or
<\.2. Undem.ke to perform and complere the Concract itself. through its
agents or through indeptmdent contractors: or
4.3, Obtain bids or negotiated proposalS from qualifit'J contra(;l;or; acceptable
to Owner for a COntract for performance and completion or the Contract,
arrange for a CO(UrilCt to be prepared For el;ecution by Owner and
COlHr"ctor seleciCU \Vim Owner's concurrence, to be se::uret! with
performance and payment bonds e.~eGUle:l by " qualified surety
equivalent to the bonds issued On tile Com.'1lct, and pay to Ourner the
amount of damages as described In Paragrnph 5 in e.~cess of the Balance
of rhe Cootra"-t Price incurred by Owner r-...sulting from Contr1lctor
Deiault: or
i1A. Waive Irs righe :0 perform and complete, arrange for completion, or
obl"in a new COtltracror "nd with reilSonabk promptness under tht:
circuffi>(S,nces :
1. Aft~r investigation, determine the :1,ffiOUnr for which it may be liable
to O....'l1er and, as soon as prdcticable aner the amount is derermitltd,
render paymem L'1erefor ro O.,.,n~r: or
2, Deny liability in whole or in pm and notii)' Owner citing reasons
rher~for.
5. If Su.rety does not proceed 1.5 pro~'ir1;:'j in P>lr"graph 4 wi\h reasoo;l.bIe
promptness. Sutety shall be deemed to be in default on \his Bond 15 days after
receipt of an addition.1 wrirren notice Cram Owne, to Surety demand ing that Surety
perform it.; obligations under titis Bond. and Q\O'rler shsll be entitled to e::tfurce any
remedy aV:lilatlle ro O.....oer, If Surt:ty proceeds as provided in Paragrnph <1.01, ant1
Owner refusJ:S the payment tendered or Surety has denied li~bili['J, in whole ill' in
pUrl, witl:.out furt11er notice Owner shall be entitled to :nforc~ any remedy availabie
:0 Owner.
6. Aner Owner has terminated Comracror's right u: complete the COntrar;t, a~d if
Surety elecG to act under Paragrapll 4.1. 4.2. or4.3 lbovt:. men rhe respoosibilitiJ:S
of Surety to Owner shall not be g~arer than mose 01 ContractOr under me Conu:u:t,
and tlle responsihilities 01' Owner to Surety shall not Ie grealer rhan t.'lose of Owner
under the Conuact. To a limit of the amount of (llis Bond. ~ut subject to
comrnicrnem by Owner of the Balance of the Colltrl at Price to mitigation of costs
and damagc:s on the Contr3cl, SurelY is obligated wit' QUt duplication for:
li.l. '(he r::sponsibiliti::.s of Contr3ctor for co re;tion of defeetivt: Work and
completion of rht: Contr1lCI;
6.2, Additional I~gal. ocsign professional, ;i ld delay costs resulting from
Cont!';lcrcr'5 Defaulc, and resulting from the llCLlOIU or failure 10 act of
SurelY under Paragraph 4; and
6.3. Liquidated damages. or if no liquidate\' damagc:s ar:: specifio:!. in rht:
Contracr, actual Qamages- causet! by ielayed pt:rformance or non-
performance of Contractor.
7. Surery shall nOl be liable to OwtlCl' or orherS fa ~ obligations of ConmleWr rlm
are unrelated to the Contract. and the Balanc~ of he Conmct P~ice slu!11 not be
redueed or see off on ~coum of any su;h unr::l:at~d Obligations. N'o right pf action
shall ilCcrue on this Bond [II any person or erliey Drh~r than Owner or irs heirs.
i::'(ecutors, administrators. or sucr;::ssors,
8. Surety hereby waives nodcc of any changc. including chnnges of time, to
Comr.lce or to related subcomr3cc;, purcnase orders. and other obligations.
9, ,,,,ny proc~et!\ng. legal or equit3ble:, under this Bond may be institllt:t:cl in any
court of competent jurisdic;doo In cht: locadon in ...hicn the Work or part of Llo
Work Is located and. shall bt: instituted widlill t.....o '1 ears aftt:r Contral:tor Defaul[ or
1I.1"-1.in t\IIO years after Contractor ceased \IIorlcil1g .1 r witllin t\IIO years after Surety
refus::::i or fails to perform itS obli"ations under this lond, whichever occu~ ftrst. if
rhe provisions of this paragraph B~ void or prohib; ed by law, tht: minimum period
of limitation available to surcti::.s as a deranse in th, i juri~diction of rho suit shall be
~pplic:;able,
10. Notic~ to Surety, O\l,/ne~, or Contractor shal, be mail~d or de\ivt:rctl to the
addre.3s shown on the signature page,
11. When tnis Bond na.> been furnished to compl: with a st:\tumry r::quirement in
th:: location whcre the COntract was to be perfon Icd. any provision in th\3 Bond
;onflicdng with said statutory rt:quirem~nt snail t ~ det:meG deleted herefrom and
provisions cooforming to such St;\tlliOry requirem~: 1t snail be deemet! incorpor';)tctl
herein. The intent is mat mis Bond shall!;t: constl1l e-d as a Stlltutor)' bond and not as
II common law bor,a,
12. Defmitions.
12,1 E~lancc: of the Contract Price; The Wi II amount pay~ble by Owner to
Contmctor under the Contract after ai I proper adjustment!; have bet:n
made, including alJowanct: to ControlCtl r of any amounts recdved or 10
b~ rec\lived by Owner ill settlement CJ! insurance or other Ciiifms For
damages to wnich Contr<lctor is entitled, reduced by all v.lid ~nd proper
payments made ro or on behalf of Conti ictor under the Contrilct.
12.2. Contracr: The agreemt:ltl betyle::;. 011.' le~ and Contr~ctor identified on
the signature page, including all C. ntract Document; .and cnangtS
th~reto.
l2.,}, ComnCtOr Default: Failure ar COOl actor. ;\Ihicn has neither been
remedied nor waived. to perform or OL lerwise to comply with titt: rernlS
of the Contract.
12.4, Ownt:r Default: Failure of Owner. wnl::'~ has neither been remctlj".j nor
waivctl, to pay Contractor as required i IY the Cootr;JCt or ro perform alld
camplett: or comply with the other lem'S thereof.
Avenue South,
i
Birmingham,1
1
---.J
\
1 FOR INFOR..i\1ATlON ONLY - Name, Address and Telephone
I Surery Agency or Broker McGriff, Seibe1s & Hi11iams, Inc., 2211 Seventh
L Owner's Represen!:artve (Engineer or o[her party) AL 35233 (800 476 2211)
PAYMENT BOND
Bond No. 104 370 252
Any singular reference to Contractor. Surety, Owner, or ocher party shall be COllilidered plura where applicable.
CONTRACTOR (Name and Address):
Carl Bolander & Sons Co.
251 Starkey Street, St. Paul, MN 55107
OWNER (Name and Address):
City of New Hope
4401 Xylon Avenue N., New Hope, MN 55428
COl'jlR.~CT
Date:8/31/04
A!nount: $191,811.31
Description (Name and Location): Municipal Utility and Street Construction, Hillside Terrace
Intrastructure Improvements
SURETY (Name and Address of Principa. Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square, Conveyor 3 PE, Hartford, CT
06183
BoND
Bond Number: 104 370 252
Date (N~t earlier than Contract Date): 8/31 /04
A..-nount: $191 , 8'11.' 31
Modificatiom to this Bond Form: None
Surety and Contractor, intending to be legally bound hereby, subject m the terms printed on the reveise side hereof, do each cause
rhis Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative,
SURETY
Co.
(Seal)
President
Travelers Casualty and Surety
f America
By: ,andC -:/s:fUr
Signat1.ue and TitleMark \oJ. Edwards, II /
(Attach Power of Attorney) Attorney-In-Fact
(Seal)
(Space is provided below for signatures of additional
parties, if required.)
Attest: 'J~ ~ f.
Signanll'e and Title G 'Kay F. Dalton
Account Manager
~
CONTRACTOR AS PRINCIPAL
Company:
SURETY
Signature:
Name and Title:
( Seal)
Surety's Name and Corporate Seal
(Seal)
By:
Sig.nature and Title
(Attach Power of Attorney)
A !:test:
Siguarure and Title:
E.ICDC No. C-615 (2002 Edition)
OTigillllUy ~epared through the joillt efforts of the Sllt'1lty Association of A.mmca. Engineers Joint Contract Dd cume.nts ColJl4lJittee, the Associated
Cener-a.1 Contracl:ot's of Amenca, the Americarl Institute of A-rcrute<:ts, the Americ:90 Su!xont.;lCtot'S Association. and ;he Associated Spedal'Y Clntractor$.
L Contractor and Surt:ty, jointly and severally. bind themselvc;, their heirs,
el>eo.ltors, ::.dminiStrlltors, successors, and assigns to Owner to pay for labor,
materials, and equipment furnished by Claimants icl' use in tho: performance of
the Contract, which is incorporated herein by r.::ference,
2. With respet:.t ro Owner, this obligation shall bc null aru:i void if Contractor:
2.1, Promptly rn.ak:s payment, directly or indirectly. for all sums due
Claimants, and
2,2. Defends, indemnifies, a.1d holds hannl::ss O\\lTler ['rom all claims.
demands, liens, or suitS alleging non-payment by Comraccor by any
person o. entity who furnished labor, materials, or equipment for use
in the performance of tlle Contract, provided Owner has prompdy
notIfied Contnlctor and Surety (ar the addrcsses described in
Paragraph 12) of any claims. demands, liens, or suits and ,ender~
defense of sucn claims, demands, liens, or suits to Concractor and
Surety, and pro\'ided there is no Owner Default.
3. With respec: to ClaimantS, this obligation shall be null and void if
Cont,,-acmr promptly r:\ak::s payme(lt, dircctly or indirectly, for all sums due,
4, Surety shall have no obligation to Claimanrs Under this "8ond until;
4.1. Claimanrs who are employed by or have a direct cont."act with
Contractor ha\'e given notice to Surety (at the nddresses d~scrt"oed in
Paragraph 12) and sem a coPY. or notice thereof, W Oym:,:r, stating
th:It a claim is being made uncler mis Bond and, witll substantial
accuracy, the amount of tht claim.
4.2, Claimants who do not have a direct contract with Concr-d.Ccor:
L Have furnished "'1'inen notice [0 Conuactor and sem a copy, or
notice wereof, to Owner, wit.,in 90 days after having last
performed labor or last furnished materials or equipment included
in the claim statltlg, wi", substantial accuracy, t.1e amount of the
claim and d1e name of the parry to whom the maJ:erials or
equipment were furnished or supplied, or Far whom the labor was
done or puformed; and
2. Have either receive:! a rejection in whole or in par. from
Comractor, or not received within 30 days of furolshing the above
no tic\: any communication from Contractor by which Contractor
had indicatcd the claim wUl be paid direcdy or indirectly; and
3. Not having been paid wimin the above 30 days, have sent a
Wr1tten notice to Surety and sem a copy, or ilonce mereof, to
Ov.-ner, stating mat a claim is be:ins made under this Bond and
enclosing !! copy of the previous written nOtice Furnished to
Contractor.
5. lf a no tic: by <l Claimant r=qwn:d by Paragraph 1\ is provided. by Owner [(J
Contractor or to Surety, am is sufficient COITlplia!1c~.
6. When a Claimant h<.s satisned the conditions of par...graph <', the Surety
shall promptly anI! at Surety's expense take the following actions:
6.1. Send an answer m that Claimant, with a wpy t() Owner, wi.,lio Lj
days after receipt 0 f the claim, stating the amounts tbat are undisputed
and the basis for challenglng any amounts that are dispured.
6.2. Payor arrange for payme:nr ofaoy \lndi~puted umO\lms,
7, Surety's total obligation snall nm exce~:! the amount of this Bond, and the
a.-:;Joum of this BOr\d shall be credited ior any payments made in good faith by
Surety ,
8. Amounts owed by OWl1er [0 ConlT'il.ct"r under me Contract shall be used for
m~ performance of the Contract and I ~ satisfy claims, if any, under :my
performance bond. By Contractor Fuml: hing and Ov-rner accepting this Elond,
they agree t.,m all funds eamed by Contractor In the performance of the
Comract are d!:dicated to satisfy obUii~ ,ions of Conn-actor and Surety under
this Eond, subject to Owner's prionty ';) use the funds fer the completion of
the Work.
9. Surety 8hall not be liable to Owner, :::laimants, or ot.f}ers for Obligations of
ComTaCtor thar are unrelated to tile Co :ltract. OWl1~r shall not be liable for
payment of any costs or expenses of afi; Claimant under thls Bond, and shall
have under this Bond no obligactotls I) make payments to, give ootices on
behalf of, o\' otherwise have obligations ;0 Claimants under this :Sond.
10. Surety hereby waives notice of an; cha."1ge. inclUding changes of time. to
th= Conrract or to related Subcanrra!::ts, Jurchase orders and arher obligations,
11. No suit or action shall be commenl,:d by a Clalmant under thIs Bond mher
than in a COUlL of cornpetenr jurisdictitl ~ in the location in. which :he Work or
part of the Work i.~ located or after the ~xpiratiOl1 of one year from t,!'e date (1)
on which the Claimant gave t:"Ie notice 'equired by Paragraph 4.1 or Paragraph
4.:2.3, or (2) On which the last hbor i r serv ice was performed by anyone or
tl1e last materiaLs or equipmen.r .... :re furnished by anyone under the
Consrrur:tiOt1. Conrract, whichever of ( ) or (2) tirst occurs. if the provisions
of t.'-Us palo.graph are void or prohi! ,ired by law, the minimum period of
limitadon available to su.re;ics as a de ensc in the jur~diction of the suit shall
be applicable.
12. Nonce to Surety, Owner, or Coni 'actor shall be mailed or delivered to the
addresses shown on. the signature pan e. Actual receipt oi notice by Surety,
Owner, or Conrracwr, however aceol ~plished, shall be sufflcient compliance
as of the dare received at the addreSS SolOwn on we signature page.
13. When t.,i.; Bond. has been furnish,:;l to comply with a statutory requirement
in t.'-1e loce.tion where the Contract Wo'; to be perFormed, any provision in t.'1is
Bond eOlU'licting with said starutOr;, requirement shall be dc:emed t!eleted
here from ac.d provisions conformln~, to such sUltutory requirement shall be
de~med incorporated herein. The inti nt is thar this Bond shall be construed liS
a stal1ltory Bond and not as a commor' law bor.d,
14. Upon request of any parser. or enrity appelring to be a potential
oeneflciary of this :Sond, ContraCtOr:1 nail promptly furnish a copy of :i1is BoflCl
or sho.ll permit a copy to be r:\aGe.
15. DEFINITIONS
15.1. Claimant: All individual ::r entity having a dire:cr contract wit.c'1
Contractor, or with a frrst-I er subconrractor of Contractor, toj'umish
labor. mattrials, or ~qUipi oem for us~ in the perfomal1ce of the
Contract. The imcnt of ..'lis Bond shall be to includ::: withOUt
limitation In tlie terms "1011 lor, materials or tquipmem" that part of
water, gas. power, lighr, 10El, oil, gasoline, [!;;l:phonc service, or
rental equlpmei1t usee in d le Cotlcrac;t, 2l'chitecrural and ~ngincering
services required for peri! lrmancc of the Work of ConJ::raCtor and
Comracror's S'Jbcont"'act~ .s. and all other Items for whi;[l a
mechanic's lien may be ~I ;ert:::d In the jurisdic;cian where tne labor.
nl.merials, or equipmem W~ re Fumished,
1.5.2. Comract: The agreement t, :twe'lil Owner and Comractor identified on
the signature page, inclUl ing all Contract Documents and changeS
therem.
i5.3, Owoer Default: Failure 0 O;l.'TIer. which has neither b~en r::medi-at!
nor waived, to pay COOi ,actor as required by the Conetact or tc
perform and complete or I: 'mply .....il:>.. Ltte otb.er terms thereof.
FOR INFOfL'VIATION ONLY - Name, Addrf::SS ;md Telephone
Surety Agency 01' Broker: McGriff, Seibe1s & Hi11iams,
Owner's Rtpresentative (Engineer 01' other pam'): 'R i rmi ne;'hRm, AT.
Inc., 2211 Seventh Avenue South,
35733 (800 476 2211)
~~
Travelers
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused
by certain acts of international terrorism. We are providing you
with this notice to inform you of the key features of the Act, and to
let you know what effect, if any, the Act will have on your premium,
Under the Act, insurers are required to provide coverage for
certain losses caused by international acts or terrorism as defined
in the Act. The Act further provides that the Federal Govemment
will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of Travelers'
statutorily established deductible for that year. The Act also caps
the amount of terrorism-related losses for which the Federal
Government or an insurer can be responsible at
$100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or
bond being quoted), Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium,
TRAVELERS CASUALTY AND SURETY COMPM'Y OF AMERICA
TRAVELERS CASUALTY Ai"ID SURETY COMPANY
FARMINGTON CASUALTY COMPA1'lY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COlVlPANY OF
AMERICA, TRAVELERS CASUALTY AN]) SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Mark W. Edwards, II, Ronald B. Giadrosich, of Birmingham, Alabama, their true and
lawfuI Attomey(s)-in-Fact, \',dth full power and authority hereby conferred to sign, execute and acknowIedge, at any pIace v.':ithin the
United States, the following instrument(s): by his/her sole signature and act, any and aII bonds, recognizances, contracts of
indemnity, and other \vritings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and alI consents
incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duIy authorized
officers of the Companies, and ail the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed,
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal \-vith the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in \-vTiting and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recogllizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Po'wer of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(11-00 Standard)
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~ Bonestroo
-=- Rosene
~ Anderlik &
'\J' Associates
Engineers & Architects
ADDENDUM NO.1
For
HILLSIDE TERRACE INFRASTRUCTURE IMPROVEMENTS
CITY PROJECT NO. 771
FILE NO. 34-04-162
NEW HOPE, MINNESOTA
July 15, 2004
Number of Pages 12 (includes this sheet)
To:
All Planholders of Record
From:
Bonestroo, Rosene, Anderlik and Associates, Inc.
2335 West Highway 36
St. Paul, Minnesota 55113
(651) 636-4600 - General Office
(651) 604-4731 - Katie Johnson, Project Engineer
(651) 604-4790 - Vince Vander Top, City Engineer
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) 636-131 I as soon as you receive it.
Company Name
Date
34-04-162
Al-l
ADDENDUM NO.1
DOCUMENT 00410 - BID FORM
1. Delete this document in its entirety and add the attached document.
SECTION 01100 - SUMMARY
2. Page 01100-1, Paragraph 1.02, add the following new items immediately after
Item B.
"c. Interim bituminous curb:
1. It is the intent of this Project to install an interim bituminous curb
and mat for the 2004 season from approximate station 1+65 to the
end of the cul-de-sac. Station 0+00 to station 1+65 will receive
permanent concrete curb and gutter in the 2004 season.
Permanent concrete curb and gutter will be installed from station
1 +65 to the end of the cul-de-sac in 2005 as a part of this contract.
The Bid Form has been adjusted to reflect the changes in
quantities. "
"D. Utility Poles to be protected by contractor and held by others."
LIST OF ATTACHMENTS
1. DOCUMENT 00410 - Revised Bid Form.
END OF ADDENDUM
34-04-162
Al-2
ADDENDUM NO.1
J1f Bonestroo
l1:li Rosene
"I\lI Anderlik &
. ~. Associates
Engineers & Architects
BIDDER:
DOCUMENT 00410
REVISED BID FORM
REVISED BY ADDENDUM NO.1
HILLSIDE TERRACE INFRASTRUCTURE IMPROVEMENTS
CITY PROJECT NO, 771
FILE NO. 34-04-162
1\TEW HOPE, MN
2004
THIS BID IS SUBMITTED TO:
City of New Hope
4401 Xylon Ave N
New Hope, MN 55428-4898
BID COpy
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with O\\11er in the form
included in the Bidding Documents to perform all work as specified or indicated in the Bidding Documents for the prices and
within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.
2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with
the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer
period of time that Bidder may agree to in writing upon request of O\\11er,
3,01 In submitting this Bid, Bidder represents that:
A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the
Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged.
Addendum No.
Addendum Date
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: (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
SC-4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-
4.06.
3404162BIDFORM.xLS
Revised by Addendum # 1
00410-1
REVISED BID FORM
E, Bidder has obtained and carefu11y studied (or accepts the consequences for not doing so) a11 additional or
supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at, or contiguous to, the Project Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Bidder, including applying the specific means,
methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents
to be employed by Bidder, and safety precautions and programs incident thereto,
F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are
necessary for the determination of this Bid for performance of the work at the price(s) Bid and within the times
and in accordance with the other terms and conditions of the Bidding Documents,
G. Bidder is aware of the general nature of work to be performed by Owner and others at the Project Site that
relates to the work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to
the Project Site, reports and drawings identified in the Bidding Documents, and a11 additional examinations,
investigations, explorations, tests, studies, and data with the Bidding Documents.
1. Bidder has given Engineer written notice of a11 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 a11 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 J Bidder further represents that:
A. The prices in this Bid have been arrived at independently, without consultation, communication or agreement
as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of
restricting competition.
B. The prices in this Bid have not or wi11 not be knowingly disclosed to any other Bidder or competitor prior to
opening of the Bids.
C. No attempt has been made or wi11 be made by the Bidder to induce any other person or firm to submit or not to
submit a Bid for the purpose of restricting competition,
4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation
and submit an evaluation concerning Bidder's responsiveness, responsibility and qualifications before awarding a contract. Bidder
hereby waives any and a11 claims, of whatever nature, against Ov-mer, Engineer and their employees and agents, which arise out of
or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by
clear and convincing evidence to be intentionally false and made with actual malice, Nothing in this paragraph is intended to
restrict Bidder's rights to cha11enge a contract pursuant to law,
3404162BIDFOR.\1.XLS
Revised by Addendum #1
00410-2
REVISED BID FORM
5.01 Bidder will complete the work in accordance with the Contract Documents for the following price(s):
All specific cash allowances are included in the price(s) set forth below and have been computed in
accordance with paragraph 11.02 of the General Conditions,
Unit Prices have been computed in accordance with paragraph 11.03,B of the General Conditions
Bidder 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.
Item
Units
Qty
Unit Price
Total Price
PART 1- SANITARY SEWER:
MOBlLlZA TION LS $ $
2 TRAFFIC CONTROL LS $ $
3 REMOVE SANITARY SE\VER PIPE LF 158 $ $
4 CORE DRILL CONNECTION TO EA $ $
EXISTING MANHOLE
5 8" PVC SANITARY SE\VER, SDR 35, 0'- LF 55 $ $
10' DEEP
6 8" PVC SANITARY SE\VER, SDR 35, 10'- LF 275 $ $
15' DEEP
7 8" X 4" PVC VlYE, SDR 35 EA 7 $ $
8 4' DIAMETER SANITARY MH WITH EA $ $
RINGS & CASTING
9 4' DIAMETER SANITARY MANHOLE LF 7 $ $
OVERDEPTH
10 IMPROVED PIPE FOUNDATION, PER 6" LF 330 $ $
INCREMENT
TOTAL PART 1 - SANITARY SEWER $
PART 2 - WATER MAIN:
11 REMOVE DIP WATER MAIN LF 145 $ $
12 DUCTILE IRON FITTINGS LB 800 $ $
13 CON"NECT TO EXISTING 8" WATER EA 2 $ $
M.A.IN
3404 I 62BIDFORMXLS
Re\ised by Addendum # I
00410-3
REVISED BID FORM
No. Item Units Qty Unit Price Total Price
32 CLASS III RIPRAP, PLACED AT FLARED CY 25 $ $
END SECTION
33 4.5' DIA STORM SEWER CBMH, 8' DEEP, EA 3 $ $
WITH RINGS AND CSTG
34 5' DIA STORM SE\VER CBMH, 8' DEEP, EA $ $
WITH RINGS AND CSTG
35 4,5' DIAMETER STRUCTURE LF 5 $ $
OVERDEPTH
36 IMPROVED PIPE FOUNDATION, PER 6" LF 770 $ $
INCREMENT
37 RECONSTRUCT INVERT EA $ $
38 SW ALE EXCA VA TION LS $ $
TOTAL PART 4-TRUNKSTORA1 $
SEWER
PART 5 - LATERAL STORM SEWER:
39 15" RCP STORM SEVlER, CLASS 5, 0'-8' LF 157 $ $
DEEP
40 15" RCP STORM SEWER, CLASS 5, 8'-10' LF 25 $ $
DEEP
41 12" RCP STORM SE\\1ER, CLASS 5, 0'_8' LF 65 $ $
DEEP
42 YARD DRAIN, INCL. CSTG, EA $ $
43 RECONSTRUCT INVERT EA $ S
44 15" RCP FLARED END SECTION, INCL EA S S
TRASH GUARD
45 2' X 3' CATCH BASIN EA $ S
TOTALPART5-LATER~LSTOlli~ $
SEWER
PART 6 - STREET IMPROVEMENTS:
46 SA WING BITUMINOUS PAVEMENT LF 95 S S
47 REMOVE BITUMINOUS PAVEMENT SY 575 S S
48 REMOVED~VEWAYPAVEMENT SY 95 S S
49 REMOVE CONCRETE CURB AND LF 335 $ S
GUTTER
3404162BIDFORMXLS
Re,;sed by Addendum # I 00410-5 REVISED BID FORM
No. Item Units Qty U nit Price Total Price
50 PROTECTION OF CATCH BASIN IN EA 5 $ $
STREET
51 COMMON EXCA V A TION (CV) CY 510 $ $
52 SELECT GRANULAR BORROW (CV) CY 820 $ $
53 AGGREGATE BASE, CLASS 5 (CV) CY 480 $ $
54 CONNECT DRAIN TILE TO EA 4 $ $
STRUCTURE
55 4" PERFORATED PVC DRAIN TILE, LF 418 $ $
SCHEDULE SDR 35
56 TYPE LV NON-VlEARlNG COURSE TN 180 $ $
MIXTURE
57 SODDING, LAWN TYPE SY 333 $ $
58 TOPSOIL BORROW (CV) CY 37 $ $
59 ADJUST MANHOLE AND CASTING EA $ $
60 ADJUST CATCH BASIN CASTING EA 3 $ $
61 ADJUST VALVE BOX EA $ S
62 RECLAIM BITUMINOUS PAVEMENT SY 1780 $ S
63 SUBGR.A.DE PREP ARA TI0N SY 1610 S S
64 TYPE LV NON-\VEARlNG COURSE TN 197 $ S
MIXTURE
65 TYPE LV \VEARlNG COURSE MIXTURE TN 148 S $
66 BITUMINOUS MA TERlAL FOR TACK GAL 50 S S
COAT
67 SA W AND SEAL TRANSVERSE JOINTS LF 340 $ S
IN BITUMINOUS \VEAR COURSE
68 B618 CONCRETE CURB AND GUTTER LF 305 S $
69 D418 SURMOUNTABLE CONCRETE LF 485 S S
CURB AND GUTTER
70 6" CONCRETE DRIVEWAY APRON SY 55 S S
71 TYPE LV 4 BITUMINOUS MIXTURE TN 50 S S
(B), FOR DRlYEW A YS
72 GEOTEXTILE F ABRlC, TYPE V SY 2450 $ S
3404162BIDFORJ\lXLS
Re\;sed by Addendum # I
00410-6
REVISED BID FORM
No. Item Units Qty Unit Price Total Price
73 MOTOR GRADER V/ITH OPERA TOR HR 5 $ $
74 STREET SWEEPER WITH PICK UP HR 5 $ $
BROOM \!lITH OPERA TOR
TOTAL PART 6 - STREET $
IMPROVEMENTS
BASE BID:
TOTAL PART 1 - SANITARY SEWER
TOTAL PART 2 - \\1 A TER MAIN
TOTAL PART 3 - SERVICES
TOTALPART4-TRUNKSTOfu~
SE\\'ER
TOTALPART5-LATE~~LSTORM
SE\\'ER
TOTALPART6-STREET
IMPROVEMENTS
TOTAL BASE BID:
3404162BIDFORM.xLS
Revised by Addendum # I
00410- 7
s
s
$
s
s
s
$
REVISED BID FORM
6.01 Bidder agrees that the work will be substantially completed and completed and ready for final payment in accordance
with paragraph I4.07,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 offailure to complete the work
within the times specified above, which shall be stated in the Agreement.
7,01 The following documents are attached to and made a condition of this Bid:
A. Required Bid Security in the form of 5 percent.
8,01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the
General Conditions, and the Supplementary Conditions.
SUBMITTED on
,20
If Bidder Is:
An Individual
Name (typed or printed):
By:
(SEAL)
(Individual's signature)
Doing business as:
Business address:
Phone No,:
Fax No.:
00410-8 (R)
3404 I 62BlDFORM.xls
Re;;sed by Addendum # I
REVISED BID FORM
A Partnership
A Corporation
3404] 62BlDFORM.xls
Revised by Addendum # J
Partnership Name:
(SEAL)
By:
(Signature of general partner)
Name (typed or printed):
Business address:
Phone No,:
Fax No.:
Corporation Name:
(SEAL)
State of Incorporation:
Type (General Business, Professional, Service, Limited Liability):
By:
(Signature)
Name (typed or printed):
Title:
Attest
(CORPORATE SEAL)
(Signature of Corporate Secretary)
Business address:
Phone No,:
Fax No.:
00410-9 (R)
REVISED BID FORM
A Joint Venture
Joint Venture Name:
(SEAL)
By:
(Signature of joint venture partner)
Name (typed or printed):
Title:
Business address:
Phone No.:
Fax No.:
Joint Venturer Name:
(SEAL)
By:
(Signature)
Name (typed or printed):
Title:
Business address:
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),
E1\1J) OF DOCUMENT
00410-10 (R)
3404162BIDFORM.xls
Revised by Addendum # I
REVISED BID FORM
~ Bonestroo
-=- Rosene
"I\lI Anderlik &
'\J' Associates
Engineers & Architects
ADDENDUM NO.2
For
HILLSIDE TERRACE INFRASTRUCTURE IMPROVEMENTS
CITY PROJECT NO. 771
FILE NO. 34-04-162
NEW HOPE, MINNESOTA
July 16, 2004
Number of Pages 12 (includes this sheet)
To:
All Planholders of Record
From:
Bonestroo, Rosene, Anderlik and Associates, Inc.
2335 West Highway 36
St. Paul, Minnesota 55113
(651) 636-4600 - General Office
(651) 604-4731 - Katie Johnson, Project Engineer
(651) 604-4790 - Vince Vander Top, City Engineer
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
34-04-162
A2-1
ADDENDUM NO.2
DOCUMENT 00410 - BID FORM
1. Delete the document which was attached to Addendum No. 1 in its entirety and
add the attached REVISED BID FORM - REVISED BY ADDENDUM NO.2
document.
LIST OF ATTACHMENTS
1. DOCUMENT 00410 - REVISED BID FORM - REVISED BY ADDENDUM NO.
2.
END OF ADDENDUM
34-04-162
A2-2
ADDENDUr-,1 NO.2
. ~. Bonestroo
R Rosene
'till Anderlik &
. ~. Associates
Engineers & Architects
BIDDER:
DOCUMENT 00410
REVISED BID FORM
REVISED BY ADDENDUM NO.2
HILLSIDE TERRACE INFRASTRUCTURE IMPROVEMENTS
CITY PROJECT NO, 771
FILENO. 34-04-162 BID COP V
NEW HOPE, MN
2004
THIS BID IS SUBMITTED TO:
City of New Hope
4401 Xylon Ave N
New Hope, MN 55428-4898
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement \'-lith Owner in the form
included in the Bidding Documents to perform all work as specified or indicated in the Bidding Documents for the prices and
within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.
2,01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with
the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer
period of time that Bidder may agree to in writing upon request of Owner.
3.01 In submitting this Bid, Bidder represents that:
A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the
Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged.
Addendum No.
Addendum Date
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: (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
SC-4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-
4.06.
3404162BIDFORM.xLS
REVISED BY ADDENDUM NO.2
00410-1 (R)
REVISED 81D 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 which may affect cost,
progress, or performance of the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Bidder, including applying the specific means,
methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents
to be employed by Bidder, and safety precautions and programs incident thereto.
F, Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are
necessary for the determination of this Bid for performance of the work at the price(s) Bid and within the times
and in accordance with the other terms and conditions of the Bidding Documents.
G, Bidder is aware of the general nature of work to be performed by Owner and others at the Project Site that
relates to the work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to
the Project Site, reports and drawings identified in the Bidding Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Bidding Documents,
1. Bidder has given Engineer 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.
J. 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.
4,01 Bidder further represents that:
A, The prices in this Bid have been arrived at independently, without consultation, communication or agreement
as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of
restricting competition.
B, The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to
opening of the Bids.
C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to
submit a Bid for the purpose of restricting competition.
4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation
and submit an evaluation concerning Bidder's responsiveness, responsibility and qualifications before awarding a contract. Bidder
hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of
or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be sho\\n by
clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to
restrict Bidder's rights to challenge a contract pursuant to law.
3404162BlDFORM.XLS
REV1SED BY /illDENDUM NO.2
00410-2 (R)
REVISED BID FORM
5.01 Bidder will complete the work in accordance with the Contract Documents for the following price(s):
All specific cash allowances are included in the price(s) set forth below and have been computed in
accordance with paragraph 11.02 of the General Conditions.
Unit Prices have been computed in accordance with paragraph 11,03.B of the General Conditions
Bidder 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.
Item
Units
Qty
Unit Price
Total Price
PART 1- SANITARY SEWER:
MOBILIZATION LS $ $
2 TRAFFIC CONTROL LS $ $
3 REMOVE SANITARY SEViER PIPE LF 158 $ $
4 CORE DRILL C01\'NECTION TO EA $ $
EXISTING MANHOLE
5 8" PVC SANITARY SEViER, SDR 35, 0'- LF 55 $ $
10' DEEP
6 8" PVC SANITARY SEWER, SDR 35,10'- LF 275 $ $
15' DEEP
7 8" X 4" PVC VlYE, SDR 35 EA 7 $ $
8 4' DIAMETER SANITARY MH \\IITH EA S $
RINGS & CASTING
9 4' DIAMETER SANITARY MANHOLE LF 7 $ S
OVERDEPTH
10 IMPROVED PIPE FOUNDATION, PER 6" LF 330 S $
INCREMENT
TOT AL PART 1 - SANITARY SEWER $
PART 2 - WATER MAIN:
11 REMOVE DIP WATER MAIN LF 145 $ $
12 DUCTILE IRON FITTINGS LB 800 $ $
13 CON1\TECT TO EXISTING 8" WATER EA 2 $ $
MAIN
3404 I 62BlDFOR."1.XLS
REVISED BY ADDENDUM NO.2
00410-3 (R)
REVISED BID FORM
No. Item Units Qty Unit Price Total Price
14 6" DIP WATER MAIN, CLASS 52 LF 8 $ $
15 8" DIP WATER MAIN, CLASS 52 LF 575 $ $
16 8" GATE VAL VB AND BOX, IN PLACE EA 2 $ $
17 6" GATE VALVE AND BOX, IN PLACE EA $ $
18 INSTALL HYDRANT EA $ $
19 IMPROVED PIPE FOUNDATION, PER 6" LF 583 $ $
INCREMENT
TOTAL PART 2 - WATER MAIN $
PART 3 - SERVICES:
20 4" PVC, SCH. 40 SANITARY SE\VER LF 315 $ $
SERVICE COMMON TRENCH
21 1" CORPORATION STOP EA 7 $ $
22 1" CURB STOP AND BOX EA 7 $ $
23 1" TYPE "K" COPPER WATER SERVICE, LF 305 $ $
COMMON TRENCH
TOTAL PART 3 - SERVICES $
PART 4 - TRUNK STORM SEWER:
24 REMOVEPVCSTOR11SE~~R LF 75 $ $
25 REMOVE AND INSTALL NEW CASTING EA $ 5>
26 REMOVE CATCH BASIN EA 5> S
27 SILT FENCE, TYPE .MACHINE SLICED LF 320 $ 5>
28 CONNECT TO EXISTING STOR11 EA 2 S 5>
MAr.mOLE
29 30" RCP STORM SE~~R, CLASS 3, 8'-10' LF 57 $ S
DEEP
30 30" RCP ST0R11 SE\\~R, CLASS 3, 0'-8' LF 503 $ S
DEEP
31 30" FLARED END SECTION, EA 5> 5>
INCLUDING TRASH GUARD
3404 I 62BIDFOR.1\1XLS
REVISED BY ADDENDUM NO.2 00410-4 (R) REVISED BID FORM
No. Item Units Qty Unit Price Total Price
32 CLASS III RlPRAP, PLACED AT FLARED CY 25 $ $
END SECTION
33 4,5' DIA STORM SE\VER CBMH, 8' DEEP, EA 3 $ $
V-lITH RINGS AND CSTG
34 5' DIA STORM SEViER CBMH, 8' DEEP, EA $ $
VllITH RINGS AND CSTG
35 4,5' DIAMETER STRUCTURE LF 5 $ $
OVERDEPTH
36 IMPROVED PIPE FOUNDATION, PER 6" LF 770 $ $
INCREMENT
37 RECONSTRUCT INVERT EA $ $
38 SW ALE EXCA V A TION LS $ $
TOTAL PART 4-TRUNK STORfrl $
SEWER
PART 5 - LATERAL STORM SEWER:
39 15" RCP STORM SEWER, CLASS 5, 0'-8' LF 157 $ $
DEEP
40 15" RCP STORM SEWER, CLASS 5, 8'-10' LF 25 $ $
DEEP
41 12" RCP STORM SEWER, CLASS 5, 0'-8' LF 65 $ $
DEEP
42 YARD DRAIN, INCL. CSTG. EA $ $
43 RECONSTRUCT l]\-JvERT EA $ S
44 15" RCP FLARED END SECTION, INCL EA S $
TRASH GUARD
45 2' X 3' CATCH BASIN EA S S
TOTALPART5-LATERALSTORfrI S
SEWER
PART 6 - STREET IMPROVEMENTS:
46 SAW1NG BITUMINOUS PAVEMENT LF 95 $ $
47 REMOVE BITUMINOUS PAVEMENT SY 575 S $
48 REMOVEDRlVEWAYPAVEMENT SY 95 $ $
49 REMOVE CONCRETE CURB A1\TD LF 335 S $
GUTTER
3404162BIDFORM.XLS
REVISED BY ADDENDUM NO.2 00410-5 (R) REVISED BID FORM
No. Item Units Qty Unit Price Total Price
50 PROTECTION OF CATCH BASIN IN EA 5 $ $
STREET
51 COMMON EXCA V A TION (CV) CY 510 $ $
52 SELECT GRANULAR BORROW (CV) CY 690 $ $
53 AGGREGATE BASE, CLASS 5 (CV) CY 425 $ $
54 COr..TNECT DRAIN TILE TO EA 4 $ $
STRUCTURE
55 4" PERFORATED PVC DRAIN TILE, LF 418 $ $
SCHEDULE SDR 35
56 TYPE LV NON-\VEARING COURSE TN 153 $ $
MIXTURE
57 SODDING, LA \VN TYPE SY 333 $ $
58 TOPSOIL BORROW (CV) CY 37 $ $
59 ADJUST MANHOLE AND CASTING EA $ $
60 ADJUST CATCH BASIN CASTING EA 3 $ $
62 RECLAIM BITUMINOUS PAVEMENT SY 1260 $ $
63 SUBGRADE PREPARATION SY 1260 $ $
64 TYPE LV NON-\VEARING COURSE TN 197 $ $
MIXTURE
65 TYPE LV \VEARING COURSE MIXTURE TN 148 $ $
66 BITUMINOUS MATERlAL FOR TACK GAL 50 $ $
COAT
67 SA W AND SEAL TRANSVERSE JOINTS LF 340 $ $
IN BITUMINOUS WEAR COURSE
68 B618 CONCRETE CURB AND GUTTER LF 305 $ $
69 D418 SURMOUNT ABLE CONCRETE LF 485 $ $
CURB AND GUTTER
70 6" CONCRETE DRlVEW A Y APRON SY 55 $ $
71 TYPE LV 4 BITUMINOUS MIXTURE TN 50 $ $
(B), FOR DRlVEW A YS
72 GEOTEXTILE FABRlC, TYPE V SY 2450 $ $
73 MOTOR GRADER WlTH OPERA TOR HR 5 $ $
3404162BlDFORM.XLS
REV1SED BY ADDENDUM NO.2
004] 0-6 (R)
REVISED BID FORM
No. Item Units Qty Unit Price Total Price
74 STREET SWEEPER WITH PICK UP HR 5 $ $
BROOM WITH OPERA TOR
TOTAL PART 6-STREET $
IMPROVEMENTS
BASE BID:
TOTAL PART 1 - SANITARY SEVlER
TOTAL PART 2 - WATER MAIN
TOTAL PART 3 - SERVICES
TOTALPART4-TRUNKSTO~~
SEV-,TER
TOTALPART5-LATERALSTORM
SEWER
TOTALPART6-STREET
IMPROVEMENTS
TOTAL BASE BID:
3404162BIDFORM.XLS
RE\lSED BY iillDENDUM NO.2
00410-7 (R)
$
$
$
$
$
$
s
REVISED BID FORM
6.0I 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
within the times specified above, which shall be stated in the Agreement.
7,01 The following documents are attached to and made a condition of this Bid:
A. Required Bid Security in the form of 5 percent.
8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the
General Conditions, and the Supplementary Conditions,
SUBMITTED on
,20_
If Bidder Is:
An Individual
Name (typed or printed):
By:
(SEAL)
(Individual's signature)
Doing business as:
Business address:
Phone No,:
Fax No.:
00410-8 (R)
3404162BIDFORM.xls
REVISED BY ADDENDUM NO.2
REVISED BID FORM
A Partnership
A Corporation
Partnership Name:
By:
(Signature of general partner)
Name (typed or printed):
Business address:
Phone No.:
Fax No.:
Corporation Name:
(SEAL)
State of Incorporation:
Type (General Business, Professional, Service, Limited Liability):
By:
(Signature)
Name (typed or printed):
Title:
Attest
(CORPORATE SEAL)
(Signature of Corporate Secretary)
Business address:
Phone No,:
Fax No.:
00410-9(R)
3404I62BIDFORM.xls
REVISED BY ADDEND\Jl-.-l NO.2
REVISED BID FORM
A Joint Venture
Joint Venture Name:
(SEAL)
By:
(Signature of joint venture partner)
Name (typed or printed):
Title:
Business address:
Phone No,:
Fax No,:
Joint Venturer Name:
(SEAL)
By:
(Signature)
Name (typed or printed):
Title:
Business address:
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
00410-10(R)
3404162BlDFORM.xIs
REVISED BY ADDEl--.'DUM NO.2
REVISED SID FORM
DOClJ1-fENT 00005
PROFESSIONAL CER TIFIC'\ nONS
I hereby certify that this report, drawing, or
specification was prepared by me or under my direct
supervision and that I am a duly Licensed Professional
Engineer under the laws of the State of Minnesota.
~~/~
Vincent T. Vander Top, P.E,
Date: Julv 2.2004
Reg, No. 25770
E1\TD OF DOCuMENT
34-04-162
(Q 2004 Bonestroo, Rosene,
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PROFESSIONAL CERTIFICATIONS
DOCillv1ENT 00010
TABLE OF CONTENTS
HILLSIDE TERRACE INFRASTRUCTURE IMPROVEMENTS
CITY PROJECT NO. 771
FILE NO. 34-04-162
NEW HOPE, MINNESOTA
2004
Introductory Information
00005, Professional Certifications
00010. Table of Contents
Bidding Requirements
00100, Advertisement for Bids
00200, Instructions to Bidders
00300, Information Available to Bidders
00410. Bid Form
Contracting Requirements
00520. Agreement Form
00610. Performance Bond
00615. Payment Bond
00700. EJCDC C-700 Standard General Conditions of the Construction Contract
(Bound in back of Project Manual)
00800, Supplementary Conditions
Specifications
Division 1 - General Requirements
01100. Summary
01310. Project Management and Coordination
01400, Quality Requirements
01500. Temporary Facilities and Controls
01570, Erosion and Sediment Control
01700. Execution Requirements
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00010-1
TABLE OF CONTENTS
Specifications Continued...
Division 2 - Site Construction
02108.
02225,
02280.
02315.
023 18.
02320.
02341.
02510,
02515,
02530.
02535.
02630,
02635.
02720.
02360.
02740.
02760.
02770,
02775,
02920,
Full Depth Reclamation
Removals
Adjust Miscellaneous Structures
Excavation and Fill
Subgrade Preparation
Trench Excavation and Backfill
Geotextile Soil Stabilization
Water Main
Water Services
Sanitary Sewer
Sanitary Sewer Services
Storm Drainage
Subsurface Drainage
Aggregate Base Course
MnDot Combined 2360/2350 Plant Mixed Asphalt Pavement
Plant Mixed Asphalt Pavement
Bituminous Joint Construction
Concrete Curb and Gutter
Concrete Walks, Medians and Driveways
Lawns and Grasses
END OF DOCUl\1ENT
34-04- t 62
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00010-2
T,-\BLE OF CONTENTS
DOC'LJ:N1ENT 00100
ADVERTISEMENT FOR BIDS
Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401
Xylon Avenue North, until 1 :30 P.M., C.D.S.T., on Monday, July 19, 2004, at which time they
will be publicly opened and read aloud for the furnishing of all labor, material, and all else
necessary for the following:
Hillside Terrace Infrastructure Improvements - City Project No. 771.
File No. 34-04-162
Consisting of the following approximate quantities:
350
900
1300
750
600
575
550
200
1
TN
TN
TN
LF
LF
LF
LF
LF
LS
Bituminous Pavement
Class 5, Aggregate Base, 100% crushed
Select Granular Borrow
Concrete Curb and Gutter
8-inch Sanitary Sewer
8-inch water, fittings, and residential services
30-inch RCP Storm Sewer, including Structures
12 and IS-inch lateral Storm Sewer including structures
Sod, Topsoil and restoration
Bidders desiring a copy of the Drawings and Specifications may obtain them from the Issuing
Office of Bonestroo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 West
Highway 36, St. Paul, .I\1N 55113, (651) 636-4600 upon payment of a non-refundable fee of
$45.00. Drawings and Specifications may be seen at the office of the City of New Hope and at the
Issuing Office, Drawings and Specifications can also be purchased w'ith a credit card over the
internet from w\vw,bonestroo,com,
Each Bid shall be accompanied by a Bidder's Bond naming the City of New Hope as obligee,
certified check payable to the Clerk of the City of New Hope or a cash deposit equal to at least
five percent of the amount of the Bid, which shall be forfeited to the City in the event that the
Bidder fails to enter into a Contract. .
The City Council reserves the right to retain the deposits of the 3 lowest Bidders for a period not
to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be
withdrawn for a period of 60 days after the date and time set for the Opening of Bids.
Payment for the work will be by cash or check.
The City Council reserves the right to reject any and all Bids, to waive irregularities and
informalities therein, and further reserves the right to award the Contract to the best interests of
the City,
34-04-162
Q 2004 Bonestroo, Rosene,
Allderlik & Associates, Inc.
Daniel Donahue, City Manager
City ofNe\v Hope, Minnesota
ADVERTISEMENT FOR BIDS
DOCUMENT 00200
INSTRUCTIONS TO BIDDERS
ARTICLE 1 - DEFINED TERi\1S
1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General
Conditions and Supplementary Conditions, Additional terms used in these Instructions 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 DOCillvlENTS
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 O"vner 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 O"\TIer'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 aw'ard of Contract.
B, Evidence of genuineness of Bid and lack of collusion in conjtillction therewith.
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fNSTRUCTIONS TO BIDDERS
ARTICLE 4 - EXAi\tlINATION OF BIDDING DOCU'N1ENTS, OTHER RELATED DATA,
Ai"ID PROJECT SITE
4,01 Subsurface and Physical Conditions
A. The Supplementary Conditions Identify:
1. Those reports of explorations and tests of subsurface conditions at, or
contiguous to, the Project Site that Engineer has used in preparing the
Bidding Documents,
2. Those drawings of physical conditions in or relating to existing surface and
subsurface stmctures at, or contiguous to, the Project Site (except
Underground Facilities) that Engineer has used in preparing the Bidding
Documents,
B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made
available by Owner to any Bidder on request. Those reports and drawings are not
part of the Contract Documents, but the "technical data" contained therein upon
which Bidder is entitled to rely as provided in Paragraph 4.02 of the General
Conditions has been identified and established in Paragraph 4.02 of the
Supplementary Conditions. Bidder is responsible for any interpretation or
conclusion Bidder draws from any "technical data" or any other data,
interpretations, opinions, or information contained in such reports or shown or
indicated in such drawings.
4.02 Underground Facilities
A. Information and data shown or indicated in the Bidding Documents with respect to
existing Underground Facilities at, or contiguous to, the Project Site is based upon
information and data furnished to Owner and Engineer by owners of such
Underground Facilities, including Owner or others.
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INSTRUCTIONS TO BIDDERS
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,
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 dra\vings are not
part of the Contract Documents, but the "technical data" contained therein upon
which Bidder is entitled to rely as provided in Paragraph 4.06 of the General
Conditions has been identified and established in Paragraph 4.06 of the
Supplementary Conditions. Bidder is responsible for any interpretation or
conclusion Bidder draws from any "technical data" or any other data,
interpretations, opinions, or information contained in such reports or shown or
indicated in such Drawings,
4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders with respect to subsurface conditions, other physical conditions, Underground
Facilities, and possible changes in the Bidding Documents due to differing or unanticipated
conditions appear in Paragraphs 4.02, 4,03, and 4.04 of the General Conditions. Provisions
concerning responsibilities for the adequacy of data furnished to prospective Bidders with
respect to a Hazardous Environmental Condition at the Project Site, if any, and possible
changes in the Contract Documents due to any Hazardous Environmental Condition
uncovered or revealed at the Project Site which was not shown or indicated in the Drawings
or Specifications, or identified in the Contract Documents to be within the scope of the
\vork appear in Paragraph 4.06 of the General Conditions,
4.05 On request, Owner will provide Bidder access to the Project Site to conduct such
examinations, investigations, explorations, tests, and studies as Bidder deems necessary for
submission of a Bid. Bidder shall fill all holes, and clean up and restore the Project Site to
its former condition upon completion of such explorations, investigations, tests, and studies.
Bidder shall comply with all applicable Laws and Regulations relative to excavation and
utility locates.
4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the
general nature of other work that is to be performed at the Project Site by Owner or others
(such as utilities and other prime contractors) that relates to the work contemplated by these
Bidding Documents, On request, Owner will provide to each Bidder for examination
access to or copies of Contract Documents (other than portions thereof related to price) for
such other work.
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00200-3
fNSTRUCTIONS TO BIDDERS
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 Lavis and
Regulations that may affect cost, progress, and performance of the work;
D. carefully study all: (1) reports of explorations and tests of subsurface conditions at,
or contiguous to, the Project Site and all drawings of physical conditions in, or
relating to, existing surface or subsurface structures at, or contiguous to, the Project
Site (except Underground Facilities) which have been identified in the
Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions,
and (2) reports and drawings of Hazardous Environmental Conditions at the Project
Site which have been identified in the Supplementary Conditions as provided in
Paragraph 4.06 of the General Conditions;
E. obtain and carefully shtdy (or accept consequences of not doing so) all additional or
supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions (surface, subsurface, and Underground Facilities) at, or
contiguous to, the Project Site which may affect cost, progress, or performance of
the work, or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Bidder, including
applying any specific means, methods, techniques, sequences, and procedures of
construction expressly required by the Bidding Documents, safety precautions, and
programs incident thereto;
F. agree at the time of submitting its Bid that no fhrther examinations, investigations,
explorations, tests, studies, or data are necessary for the determination of its Bid for
performance of the work at the price(s) Bid and within the times and in accordance
with the other terms and conditions of the Bidding Documents;
G. become aware of the general nahlre 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, studies,
and data with the Bidding Documents;
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INSTRUCTIONS TO B[DDERS
I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder discovers in the Bidding Documents and confIrm that the
written resolution thereof by Engineer is acceptable to Bidder; and
J, determine that the Bidding. Documents are generally suffIcient to indicate and
convey understanding of all terms and conditions for the performance of the work.
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 wTItten 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 Al'ID OTHER AREAS
6,01 The Project Site is identifIed in the Bidding Documents, Easements for permanent
structures or permanent changes in existing facilities are to be obtained and paid for by
Owner, unless otherwise provided in the Bidding Documents. All additional lands and
access thereto required for temporary construction facilities, construction equipment, or
storage of materials and equipment to be incorporated in the work are to be obtained and
paid for by Contractor.
ARTICLE 7 - INTERPRETATIONS AJ.'ID ADDENDA
7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to
Engineer in writing. Interpretations or clarifIcations considered necessary by Engineer in
response to such questions will be issued by Addenda mailed or delivered to all parties
recorded by Engineer as having received the Bidding Documents. Questions received less
than 10 days prior to the date for Opening of Bids may not be answered, Only questions
answered by Addenda will be binding, Oral and other interpretations or clarifIcations \vill
be without legal etfect.
7,02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed
advisable by O\Vner or Engineer.
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INSTRUCTIONS TO BlDDERS
ARTICLE 8 - BID SECURlTY
8.01 A Bid must be accompanied by Bid Security made payable to O\vner 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.
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 O\vner 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 \vill be returned,
8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of
receiving the award will be rehrrned within 7 days after the Bid opening.
ARTICLE 9 - CONTRACT TTh1ES
9,01 The number of days within which or the dates by \vhich, 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 - LIQ1JIDATED DA..MAGES
10,01 Provisions for liquidated damages, if any, are set forth in the Agreement.
ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS
11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or
describe 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.
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rNSTRUCTIONS TO BIDDERS
ARTICLE 12 - SUBCONTRACTORS, SlJPPLIERS, A1'\ffi 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 O\Vner 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, O\Vner may, before the Notice of
Award is given, request apparent successful Bidder to submit a substitute, in w'hich 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, Ow'ner 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 forfeihlIe 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 A\vard, 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 typev-ITIter and the
Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the
Bid Form. A Bid 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 sho\vn below the signature.
34-04-162
@ 2004 Bonestroo, Rosene,
Anderlik & Associates, L'1c.
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 show'll 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 firm shall be shown below the signature.
13.06 A Bid by an individual shall show the Bidder's name and official address.
13.07 A Bid by ajoint venture shall be .executed by each joint venturer in the manner indicated on
the Bid Form. The official address of the joint venture shall be shown below the signature.
13.08 All names shall be typed or printed in ink below the signatures,
13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which
shall be filled in on the Bid Form.
13.10 The address and telephone number for communications regarding the Bid shall be shown.
13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the
state where the Project is located, or covenant to obtain such qualification prior to award of
the Contract. Bidder's State Contractor License Number, if any, shall also be shown on the
Bid Form.
13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate
provided on the Bid Form.
13.13 Bidders may list proposed substitute items on the spaces provided on the Bid Form.
Bidders shall clearly indicate the item name, Specification Section Number, and the Total
Deduct to the Total Base Bid for each substitute item proposed,
13.14 Bidders shall circle the name of the Base Bid Manufacturer they will provide, if
awarded the Contract, Bidders shall circle only 1 name for each item. If the Bidder
fails to circle an item, the first item listed shall be provided.
13.15 Bidders shall identify the name of the company or subcontractor that will perform the
listed portion of the \vork if the Bidder is awarded the Contract.
34-04-162
@ 2004 Bonestroo, Rosene,
.A.nderlik & Associates, Inc.
00200-8
INSTRUCTIONS TO BfDDERS
ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS
14.01 Bid Unit Price With Alternates
A. Bidders shall submit a Bid on a Bid Unit Price for each Bid Item of work listed in
the Bid Form, and include a separate price for each Alternate described in the
Bidding Documents as provided for in the Bid Form. The price for each Alternate
will be the amount added to the Base Bid if Owner selects the Alternate. In the
evaluation of Bids, Owner may select any combination of Alternates, or the Owner
may choose not to accept any Alternate Bids.
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 bet\veen words and figures will be resolved in
favor of the words.
D, Bids will be compared on the basis of the "Adjusted Total Base Bid" and this
amount \vill be the basis for determining the low'est Bidder. The sum of the Total
Base Bid and any combination of Alternates accepted by the Owner \vill determine
the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternate
Bids,
14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and
profit on account of cash allowances, if any, named in the Contract Documents as provided
in Paragraph 11.02 of the General Conditions.
ARTICLE 15 - SUBMITTAL OF BID
15.01 With each copy of the Bidding Documents, a Bidder is furnished 1 separate unbound copy
of the Bid Form, and, ifrequired, the Bid Bond Form, The unbound copy of the Bid Form
is to be completed and submitted with the Bid Security.
15.02 A Bid shall be submitted no later than the date and time prescribed and at the place
indicated in the Advertisement for Bids, and shall be enclosed in an opaque sealed envelope
plainly marked with the Project title (and, if applicable, the designated portion of the Project
for which the Bid is submitted), the name and address of Bidder, and shall be accompanied
by the Bid Security and other required documents, If a Bid is sent by mail or other delivery
system, the sealed envelope containing the Bid shall be enclosed in a separate envelope
plainly marked on the outside \vith the notation "BID ENCLOSED." A mailed Bid shall
be addressed to Owner's office.
34-04-162
@ 2004 BonestToo, Rosene,
Anderlik & Associates, Inc.
00200-9
INSTRLJCTIONS TO BIDDERS
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,
ARTICLE 17 - OPENING OF BIDS
17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and,
lmless 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 ACCEPTAL'\J'CE
18,01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but
Owner may, in its sole discretion, release any Bid, and return the Bid Security prior to the
end of this period.
ARTICLE 19 - EVALUATION OF BIDS Al"-JTI AWARD OF CONTRACT
19,01 If the Contract is awarded, award will be made on the basis of the lowest responsive,
responsible, qualified Bidder determined by the Adjusted Total Base Bid,
19,02 O\vner reserves the right to reject any, or all, Bids, including without limitation,
nonconforming, nomesponsive, 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 \vill 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.
34-04-162
@ 200d Bonesrroo, Rosene,
.A.nderlik & Associates, Inc.
00200-10
INSTRUCTIONS TO BIDDERS
19,05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider
the qualifications and experience of subcontractors, suppliers, other individuals, or entities
proposed for those portions of the work for which the identity of subcontractors, suppliers,
other individuals, or entities must be submitted as provided in the Supplementary
Conditions.
19.06 Owner may conduct such investigations as Owner deems necessary to establish the
responsibility, qualifications, and financial ability of Bidders, proposed subcontractors,
suppliers, individuals, or entities to perform the work in accordance with the Contract
Documents. As a condition of its Bid, Bidder is required to waive any and all claims, of
whatever nature, against Owner, Engineer, and their employees and agents which arise out
of, or relate to, such investigations and statements made as a result thereof, except for
statements that can be shovvn by clear and convincing evidence to be intentionally false and
made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge
a Contract award pursuant to law,
19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is
in the best interests of the Project.
ARTICLE 20 - CONTRACT SEClTR1TY Al'ID INSlTRA1"l'CE
20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions,
sets forth Owner's requirements as to Performance and Payment Bonds and Insurance,
'When the successful Bidder delivers the executed Agreement to Owner, it shall be
accompanied by such Bonds.
ARTICLE 21 - SIGNiNG OF AGREEMENT
21.01 vYnen 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 Ovvner. Within 10 days thereafter, Owner shall
deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings
with appropriate identification.
END OF DOCu'NIENT
34-04-162
@ 2004 Bonestroo, Rosene,
Anderlik & Associates, Inc.
00200-11
rNSTRUCTIONS TO BIDDERS
DOCUMENT 00300
INFOR.i\1A TrON AVAILABLE TO BIDDERS
Portions of reports and drawings used by the Engineer in the preparation of the Bidding Documents
are attached to this document. The Technical Data is identified in the Supplementary Conditions,
Bidders are responsible for their own interpretation, verification, and use of the Technical Data
contained in these reports and drawings consistent with the General Conditions and Supplementary
Conditions. Reports, drawings, and other historical information regarding the Project may be
available for Bidder's review at the Engineer's office, Schedule a viewing time with the Project
Manager.
E~1) OF DOClTMENT
34-04-162
@ 2004 Bonestroo, Rosene,
Anderlik & Associates, Inc.
lNFOR:v[A TION A V:-\IL-\BLE TO BIDDERS
2004/07/16 10:56:57
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J.1j Bonestroo
.;. Rosene
U Andcrlilc &.
.~, Associates
E'rglnecrs: &. Ar::hHec.t~
BIDDER:
Carl Bolander & Sons Co.
DOCUMENT 00410
REVISED BID FORM
REVISED BY ADDENDUM NO.2
HIllSIDE TERRACE INFflA.STRUCTLR.E lMPROVEMENTS
CITY PROJECT NO 771
FILE NO. 34-04-162
NEW HOPE, MN
2004
BID COpy
T! liS BID IS SUBMITTED TO:
City of Nc\'/ i-lope
~~40i Xvlcnt\vcN
?'h:\\' h{N 55428-4898
01 The tlnder~igned Bidder proposes and ag~ees, if thls Bid is accepted. to enter into an r\grcenlcnt \vitll O\vner in the tornl
included in the Bidding Documents to perfoffil all work as specified or indicated in the Bidding Documents for the prices and
'.vithin the t1l1WS llldicated in this Bid and in accordance with the other terms and conditions of the Bidding Docllmems
2.01 Bidder accepts all of the terms and conditions of the lnstrucriolls to Bidders, including without iimitation those dealing with
the disposition of Bid Seemity The Bid will remain subject to <1CCeptilnCe for 60 days <:fter the Bid opening, or for such longel
penod of lime that Bidder may agree to in writing Up01l1equest of Owner
:; OlIn submItting this Bid, Bidder represents that:
;\. Bidder has examined and carefully studied the Bidding Documents, the other related data idenl1fied in the
Bidding DOGumcnts~ and the follo\ving ,A~ddenda, receipt e,[ all \vhlch is hereby ack-no\vledged
Addendum No.
Addendum Date
15, 2004
#i
~~ '1
r~ L:.
2004
B
Bidder has visited the Project Site and become familiar with and is satisfied as to the general, ioeai and
Site cOrldltions that may affect cost, progress, and performance of the work
c
Bidder is farniliar \vith {,inois satisfied as to all federaL state, and local LaViS and Rcgulations that rnn}' affect
cost~ plogrcss and perfornlance of the ,""vorlc
D
Bidder has CUl efully studied all: (J) reports of explorations and tests of subsurface conditions ai. or contlguou:;
tOl the Project Site and aU dnl\vings of phYS1C:.il conditions in or relating to existing surface or subsurface
structures att or contgtlOUS to, the Project Site (except Underg7oundFacilitics) \vhichhave been identified in
SC~402t and (2) repDrts and dru\vingsof Iiaz.ardous Environrnental Conditlons that h:lve been identified in SC
406
:.4D~ I !:28!DFORhi XLS
REvrSED BY AUtJENDIJM N02
00410-1 (R)
REVISED SiD FORM
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F.
G
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K
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Bidder nns obtained und carefully studied (or accepts the consequences for not doing SD) a11 additional or
supplementnry examinations, investigations, explorations. tests. studies. and data concerning conditions
(surface, subsurface, :md 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 hy Bidder, including applying the speclilc means,
methods, techniques, sequences, and pmcedures of construction expressly required by the Bidding Documellls
to be employed by Bidder, and safety precautions and programs inCIdent thereto
Bidder does not consider that any fulther ex"minations, investigations, eKplorations, tests, studIes, or data are
necessary for the determination of this Bid for performance of the work at the price(s) Bid and withi:. the time:s
and in accordance with the other terms mld conditions of the Bidding Documents
Bidder is ;}\varc of the general nature of \vork to be performed by O\\l1Cr and others at the. Project Site that
relates to the work as indicated in the Bidding Dm:umems
Bidder has correlated the mrormation bOWD to Bidder, infOlmation and observations obtained from \'151[;; to
the Project Site, repOlts and drawings identified in the Bidding Documents, and all additional examha!JDil5,
investigations, explorations, tests, studies, and data with the Bidding Documents
Bidder has given Engineer written notice of ali conflicts, errors, ambiguities, or discrepancies that Bidder hris
discovered in the Bidding Documents, <:1nd the written n.:solutJan thereof by Engineer is acceptable LJ EiJde:
The Biddll1g Documents 2re generuily sufficient \0 indicate and convey understanding of alllerms and
conditions for the performance of the work for which this Bid is submmcd
Bidder will submit written evidence of its nuthority to de business in the stute where the Project is lc,c<ltcc not
later thni1 the date of its execution of the i\greement.
4.01 Bidder further represents that:
B
c
The pr1ces in this Bid have been arrived at independentlYt \vithout COnSl.Jlt2tion~ comIT;unication or agrcernent
as to any matters relating to such pilces \vith any other Bidder or \v1th any competitor for the pUlpOSC of
restricting conlpctlticn
The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competilO! pllor to
opening of the Bids
No atternpt 11;15 been made or \vi11 he rnade by the Bidder to induce any other person or fin1i to 5.uhmitor no! 10
submit a Bid for the purpose of restricting competition
402 Bidder under stands that the lav! rnay require the O\vner~ or Engineer at th~ Owner's dil t:ct1on~ 10 undtrtuke ilIl
and submit an evabation concerning Bidder's responsiveness, responsibility and quaiifications before awarding <:1 contract Bidder
hereby waives any and all claims, of whatever nature, against O\\11er, Engineer and their employees and agents, which arise ellt oi
or relate to such investigation and evGluation, und slatements made as a result thereof, except for statements that can be sho\vn by
clear and convincing evidence to be intentionally false and made \vith actual IT!ajice Nothing in this paragraph 15 intended to
restrict Bidder!s rights to challenge a conn act pursuant to la...s.
}.W41 G2BlDFOHh! XL5
F.EVISEU iiY ADDENDUM NO 2
00410-2 (R)
REVISED 81D FORM
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501 Biddcr will complcte the work in accordance with the Conl1act Documents for the following price(s}:
All specific cash allowances are included in the price(s) set fonn below and have been computed in
accoldt:lncc with paragraph I J .02 of the Gcneml Conditions
Unit Prices have been computed in accordance with paragraph II 03 B of the General Conditions
Bidder ac1mowledges that estimated quantities ale not guaranteed, and are solely for the purpose uf
compariSon of B:ds, 2nd final payment for all Unit Price Bid items will be based on .actual quantities pro\,idcc,
detennined as provided in the Contact Documents
No.
Total Price
Item
U II its
Qty
Unit Price
2
4
5
()
9
10
11
12
p
PART 1 . SANITARY SEWER:
MOBIl. IZA TION
TRAFFIC CONTROL
REMOVE SANITAR'{ SEWER PIPE
CORE DRIll CONNECTION TO
EXISTING MANHOLE
8" PVC SANl1ARY SEWER, SDR 35, 0'-
10' DEEP
8" PVC SANITARY SEWER, SDH. 35,10'.
15' DEEP
8" X 4" PVC WYE, SDR 35
"DiNvlETER SANiTARY Ml-I WITH
RINGS & CASTING
4' DlAMETER SANITARY MANHOLE
OVERDEPTH
IMPROVED PIPE FOUNDATION, PER 6"
INCREMENT
IOTAL PART I - SANITARY SEWER
PART 2 - 'VA TER MAIN:
REMOVE DIP WATEH MArN
DUCTILE IRON FITTINGS
CONNECT TO EXISTING 8" \VATER
ivlAIN
J.W": 162B1DFOR!-,;1 XLS
REV1SED BY ADDENDU!\1 NO Z
00410-3 (R)
LS
S 8,300 00
:.
8,300 00
l.5
oS 1, 9 2 .9.~~g__ s ~_?~g._g 0
LF
S 12.92
11
2,041..36
158
EA
J, 790.00
~
790.00
LF
s: 17.35
s
954..25
55
LF
S 20.85
':),733..75
275
$
EA
S 211
1 477
7
:i
EA
~ 1,500 00
s
1,500.00
u.
S 147.00
~"f029..00
,
-'
LF
S 1.50
s
495.00
330
;,
24,240.36
J r:
-"!
S 7.. 00
1,015..00
1""
"1J
s
LB
S 1 'On
1,04C.OO
800
r,
1:/'\
S 441.. 00
882..00
2
s
REViSED BID FORM
LVU4!U/;~O lU:~b:57
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No. Item Units Qty Unit Price Total Price
14 6" DIP WATER MAIN, CLASS 52 LF 8 S 15.60 S 124.80
is 8" DIP WA TER MAIN, CLASS 52 LF 575 S 19.65 $ 11,298.75
16 8" GA TE VALVE ,A.ND BOX, IN PLACE EA :: S 1,140.00 S 2,280.00
t ; 6" GATE VALVE AND BOX, iN PLACE EA S 960.00 S 960.00
18 INSTALL HYDRANT fA :Ii 1,820.00 S 1,820.00
19 IMPROVED PIPE FOUNDA TION, PER 6' LF 583 ~ 1.50 1 874.50
iNCRErv1ENT -------
TOTAL PART 2 - WATER MAIN S 2 ,295.05
---~-------_.._--
PART.3 - SERVICES:
" 4" I'VC, SCH 4[\ SANl1ARY SEWER Lf .3tS S 6.93 S 2,182.95
L.\J
SERVICE COMMON TRENCH
21 1" CORPORA nON STOP EA 7 S 110.00 S 770.00
---
22 1" CURB STOP AND BOX LA ... S 260.00 -'.. 1,820.00
I
23 i" TYPE ilK;! COPPER \VA TER SERVICE, LF 305 C' 7.00 S 2,135.00
J;
COMMON TRENCH
TOTAL PART.3 - SERVICES S 6,907.95
-;,~
25
26
27
28
29
30
3 i
PART 4 - TRUNK STORM SEWER:
REMOVE PVC STORM SEVIER
LF
75 S 10 . 00 S ! 50 00
S 52 Q 00 '" 528 . 00
u .
.,~
S 1 4 ! . 50 S 14 7 50
.320 S 5 . 00 S - , 600 00
2 ~ 352 . 00 $ 7 04 00
5 --. 60 --. 998 20
57 S L . 5. , , .
-.--
4 5 30 2 --. 785 90
5D3 S . S L ,
S 1 , i 30 . 00 S 1 , 7 30 00
REMOVE AND INSTALL NEW CAS! INO
EA
REl'vlOVE CA TCH BASIN
EA
Sil T FENCE, TYPE lvlACHIT\E SLICED
LF
CONNECT TO EXISTING STORM
MANHOLE
EA
30" RCP STORM SEVIER, CLASS 3, S'-10'
DEEP
LF
.30" ReI' STORM SEWER, CLASS .3, O'-S'
DEEP
30" FLARED END SECTION,
INCL UDlNG TR.ASH GUARD
LF
E1\
j~041625iDFORM XLS
FCVlSED OY ADDf:NDU~,,~ NO 2
00410-4 (R)
REViSED 310 FORM
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No.
Total Price
Item
Units
Qty
Unit Price
"
..1..
$
1,000.00
33
34
35
36
,) /
38
39
40
4]
~2
.i:L'
i~4
45
(~6
'-7
.::.8
':9
CLASS III RIPRAP, PLACED AT FLARED
END SECTiON
45' D1A STORM SEWER CBMH, 8' DEEP,
WlTH RINGS AND CSTG
5' DlA STORM SE\VER CBMH, 8' DEEP,
Wll!-l RINGS AND CS1 G
45' DlAMETER STRUCTURE
OVERDEPTH
lIvfPROVED PIPE FOUNDA lION, PER 6"
lNCRErvlENT
RECONSTRUCT INVERT
SWALE EXCA \',\TION
TOTAL PART 4 - TRlJNK STORM
SEWER
l'/\RT 5 . LATERAL STORM SEWER:
15" RCP STORM SEWER, CLASS 5, 0'.8'
DEEP
i 5" Ref> STORM SEWER, CLASS -', 8'. W
DEEP
12" RCP STORM SEWER, CLASS 5, 0'-8'
DEEP
Yf\.RD DRf\n~, [NCL CSTG
R.ECONSTRUCT INVERT
]5" RCP flARED END SECTION, INCL
TRASH GUARD
~, X .3' CA TCH BASIN
TOTAL PART 5 - LATEI0\L STORi\I
SEWER
PAR 1 lJ - STREET HVlPROVEMEN I S:
51\. \VlNG BlTUMINOlJS P A VEivfENT
REMOVE BiTUMINOUS PP.VEMENT
REMOVE DIUVE\V.A Y P'\ VEMENI
REMOVE CONCRETE CURB AND
GUTTER
;.W4IGZlHDFGR!.: XLS
REVISED OY :\DDE"'JDUM NO.2
G04 iO.5 (ft)
CY
EA
EA
LF
LF
fA
LS
LF
Lf
LF
EA
EA
EA
EA
LF
Sy
Sy
LF
575
.335
25
S 40.00
S 1,935.00
S 2,268.00
5
S 135.00
770
$ 1.50
S 352.00
S 2,700.00
157 S 20.95
25 S 23..90
65 S 19 . 45
3 938.00
$ 352.00 S
$ 492..00 oS
,'); 1,025.00 S
95
s
-010
:5
') ...,~
~. j:J
95
16.00
s
s
1.80
s
5,805.00
s
2,268.00
s
675.00
s
1,155.00
s
352~OO
s
"c,700.00
S 45,198.60
s
3,289.15
s
597.50
s
1,264.25
,:')
938..00
352.
492.00
1,025.00
7,957..90
s
389.50
s
1,581.25
s
1,520.00
s
603.00
REVISED 810 FORt.!,
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No.
Total Price
Item
Units
Qty
U nit Price
50
s
245.75
5 i
52
53
54
55
56
:':/
58
59
60
62
63
64
6.')
66
67
68
69
70
7J
72
73
PROTECTION OF CA TeH BASIN IN
STREET
COMMON EXCA V A TJON (CY)
SELECT GR...\NULAR BORROW (CV)
AGGREGr\TE BASE, CLASS 5 (CV)
CONNECT DRAIN TILE TO
STRUCTURE
4" PERFORA TED I'VC DRAIN TIL.E,
SCHEDULE SDR 35
TYPE LV NON-WEARING COURSE
MiXTURE
SODDING, LA WN TYPE
TOPSOIL BORROW (CV)
ADJUST MANHOLE AND CAS1ING
ADJUST CA TCH BASIN CASTING
RECLAIi\1 BITUMr.\iOUS PA YEMENT
SUBGRADE PREPAR.A nON
TYPE LV NON-WEARING COURSE
MIXTURE
TYPE LV WEAIUNG COURSE MIXTURE
BITUMINOUS MATERIAL FOR TACK
COAT
SA W AND SEAL. TRANSVERSE JOINTS
IN BITUMfNOUS WEAR COURSE
B6i8 CONCRETE CURB AND GUTTER
D418 SURMOUNTABLE CONCRETE
CURB AND GUTTER
6" CONCRETE DR1VEW A Y APRON
TYPE LV 4 BITUMINOUS 1\llXTURE
(8), FOR DR!VEWA YS
GEOTEXTILE FABR1C, TYPE \
MOTOR GRADER WITH OPERA.. TOR
3404 :t2tHDIORM XLS
H.EVtSED D Y ;\DDENDUhl NO ;.
()O.11 0-6 (R)
EA
CY
CY
CY
EA
LF
TN
Sy
CY
EA
EA
SY
SY
TN
iN
CAl
LF
LF
LF
SY
TN
SY
HR
J260
\260
2450
5 5) 49.15
510 S 5.28
690 $ 15.25
425 S 27.50
4 S 154.00
418 '" 6.65
153 S 45..85
3D S 9. 75
,....
)f
50.15
$
S 447.00
,
:.
$ 447.00
S 1. 20
S 1.40
197
S 44.80
148
$ 50.50
50
S 2.00
340
S 5.00
305
S 11.25
485
S 11. 25
55
S 41. 00
50
S 92.00
] 00
.1'
5
:; 110.00
.s
2,692.80
$ 10/522.50
S 11,687.50
S 616.00
s: 2,779.70
~, 1,015.05
~ 3/246..75
3:
1,855.55
s
447.00
s
1,341. 00
s
1,512.00
s
11764.00
s
8,825.60
s
7,474.00
s
100.00
$
1,700.00
s
3,431.25
.C
....,
5,456..25
s
2,255.00
s
4,600.00
s
2,450..00
s
550.00
REVISED 810 FORlv',
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No. Item Units Qty Unit Price Total Price
74 STREET SWEEPER \VITI-! PICK UP HR 5 S llO.OO $ 550.00
BROOM WITH OPERA TOR
TOTAL PART G. STREET S 87 I 211. 45
IMPROVEi\:1ENTS
BASE BID:
TOT AI. PART i - SANIT ARY SEWER
S 24,240.36
TOTAL PART 2 - \VATER MAIN
5 20,295~05
TOT AL PART; - SERVICES
S 6 f 907" 95
TOTAL PART - TRUNK STORM
SEWER
TOTAL PART 5 - LA TERAL STORM
SEWER
s
s
TOT AL PART 6 - STREET
IMPROVEt"lENTS
TOTAL BASE BID:
$87,211.45
S 191,811.31
:qO~ t61B1DFOR.k.1 Xl.S
REVISED BY t\.DDi:!~":DUM NO l
00410-7 (1'.)
REVISED BID FORM
2004/07/16 10:56:57
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Page: 10/12
6.0 1 Bidder :1l:,'Tees that the work will be substantially completed and completed and ready for final payment in accordance
with paragraph 1407.B of the General Conditions on or before the dates or within the number of calendar days indicated in
the Agreement
602 Bidder accepts the provisions of 01::: Agreement as w liquidated damages in the tvt:lll of failure to cump!:::lt: th::: ViOl/(
within the times specified above, which shall be stated in the Agreement.
"7.0 i The foliawing documents are attached 10 and made a condition of this Bid:
A Required Bid Security in the form of 5 percent
SOl The terms used in this Bid with inirial capital letters have the meanings stated in the Instructions to B:dders. the
General Conditioils, and the Suppicmentary Conditions
SlJBI\11TTED on
July 19
.2004
If Bidder Is:
An Individuul
Name (typed or printed):
By:
(SEAL)
(Indi vidual's signature)
Doing business as:
Business address:
P!wnc "No.:
Fax 1'10:
00410.8 (R)
34G41iJ2!31DFORM xls
"EViSED BY ,\DDENDUM NO 2
REVISED BID FORM
LVU4/UI/~O lU:)b:57
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Page: 11/12
/"}J~.iHlm:[5Jli.R
Par1Jlership Name:
(SEAL)
By:
(Signatmt of general partner)
Name {typed or pr inled):
Business address:
Phone No :
l:ax No:
Corporation Nmnc:
Carl Bolander ~ Sons Co.
State of Incorporation:
I'-1innesota
T }lJC
Limited Liability):
Service
By:
(Signature)
Name (typcd or printed):
Richard L. O'Gara
Title:
vice-President
(COP-PORI\ TE SEAL)
Tirnoth'"':/
Business addrcss:
251
Street
St. Paul, L'~ll~ 55107-0216
Phone No:
651,.224.6299
Fax No:
651.223.8197
00410-9(R)
}404161B!DFOrU~i );ls
HEVtSED [1\' ADDENDUM NO 2
R:::VISED BID FORI,,'
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A Joint Venture
Joint Venture Nnme:
(SEAL)
By:
(Signature of joint venture partner)
Name (rY'Ped or printed):
Title:
Business "ddress:
Phone No.:
Fax No:
Joint Venturer Name:
fJo...f.
~_...
(Sign3tUlC)
Name (typed or printed):
Title:
Business address:
Phone No:
Fax No:
Phone 2nd Fax Number, and Address for receipt of official communications:
'Eacb joint venturer must sign The manner of signing for each individunl, parmership, and cOIporation thnt is a party to
the joint venture should be in the manner indicated above)
END OF DOCUMENT
00410-10(11.)
3.10.j 1 C~8fDFore,,1 xis
REVISED BY ADDI:l,DUM NO 2
REVISED BID FORM
"-...../
MINuTES OF A SPECIAL Y~ETING
OF THE BOARD OF DIRECTORS
OF C.~~L BO~~DER & SONS CO.
\..J
The undersigned constituting ali'of the directors of Carl
Bolander & Sons COOt a Minnesota corporation, acting
pursuant to'Minnesota Statutes, hereby adopts the follOwing
resolution, effective May 1, 1989.
/'
~lliEP~}3 there are times 'when the President of Carl Bolander
& Sons Co. is unavailable to sign bid documents;
NOW THEREFORE be it
RESOLVED, That any officer of the corporation. has the
authority to sign~any and all bids and bind the corporation
for that purpose.
There being no other business to come before the Board, the
mee~~ng was ajaurned.
~:
/)
J?~ . ()f'
Kl:O! ()J1 ~,--)
Bolander l
/,
(\4, rj~
~'-I 1/ V-.-J
F
'-' '
no~otnv E Raiar,dpr
u.... (j/lf;Y;JjjI
t L ()./
Dominiaue E. Najjar
~.
\"--,,
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, THAT WE Carl Bolander & Sons Co.
251 Starkey Street S1. Paul, MN 55107
as Principal, tlereinafter called the Principal, and Travelers Casualty and Surety Companv of America
One Tower Square -13 CZ. Hartford, CT 06183-6014
a corporation duly organized under the laws of the State of
as Surety, hereinafter called the Surety, are held and firmly bound unto
4401 Xylon Avenue North. New Hope, ~v1N 55428-4898
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid
Dollars ($ 5.00% i,
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.
VVHEREP,S. the Principal has submitted a bid for Hillside Terrace Infrastructure Improvements. City Project No. 771,
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 periormance of suct1 Contract and for the prompt
payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to periorm the Work covered by said bid, then this obligation shall be null and void, ott1erwise
to remain in full force and effect.
Signed and sealed this
19-th
day of
2004
CFO/Secretary-Treasurer
Travelers Casualty and Surety Company of America
I I (Su. rety) ~ (Seal)
I By ~iLJv~ (}J /1--JL:;;
Attorney-in-Fact Mark W. Edwards, II (Title!
AlA DOCTl\lE\'T A3JO . BID BO\'D . AlA. FEBRUARY 1970 ED. . TIlE A:\lERlCA\
INSTITUTE OF ARCHITECTS. 1735 N.Y. A \'E., N.W.. WASHlNGTO\', D.C. 20006
~~
Traveler's
~/
IMPORTANT DiSCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On Noverllber 261 2002, President Bush signed into law the
Terrorism Risk Insurance ,ll..ct of 2002 (the "Act"), The Act
establishes a shari-term program under which the Federal
Government will share in the payment of covered losses caused
by certain acts or international terrorism. VVe are providing you
with this notice to inform you of the key features of the Act, and to
iet you know vvhat effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for
certain losses caused by international acts of terrorism as defined
in the Act. The Act further provides that the Federal Government
wIli pay a share of such losses. Specifically! the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of Travelers'
statutorily established deductible for that year. The Act also caps
the amount of terrorism-related losses for vv'hich the Federal
Government or an insurer can be res.ponsible at
$100,000,000,000.00, provided that the insurer has met its
deductible.
Please note that passage of the Act does not result in any charlge
in coverage under the attached policy or bond (or Ule policy or
bond being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the P,ct. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium and is no more than one percent of your premium.
TR4.. VELERS CASU.o\LTY A1'\'"D SURETY COooMPA.1\l:' OF A...M.IRICA
TRAVELERS CASUALTY A....~"D SlJRETY COJ\1P A..'r..'1'
FARM1NGTON CASU.A..LTY COl\'1P.tu'\l'
Hartford, Connecticut 06183-9062
PO\VER OF ATTOR'i"EY :\1'\""]) CERTIFICATE OF AUTHORITY OF ATTORl...."EiYCS}-IN....FACT
:K.."?\O\V ALL PERSONS BY THESE I)RE;SENTS, TH..4.T TRAooVELERS CASUALTY A..l\']) SURETY COIVIP...v--i'Y OF
AYvlERICA, TR<\. "i/ELEI'~ CASUALTI.' AooJ\""1J SURETY C01\fPA..J\'!' and FA.R.1\ill"GTON CABUALTY COl\iPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in t..i}e City of Hartford.,
County of F...a.-ti'ord, State or Connecticut, (herei.naf(er the "Companies") hath made, cOils-Limted and appointed, 3:.'1G do by these
presents rna.ke, constitute and appall"!!: Mark \V. Edwards, IT, Ronald B. Giadrosich, or Birmingham, Alabama, tlleir True ,.JiC
lav.ful ~A.ttomey(s)-in-Fact, ,vith full power and auti10rity hereby comerred to sigIi., execute and aclmowledge, at any place '\cvit11.in the
United States, the following instrument(s): by bis/her sole signature and act, any and all bonds, recognizan::es, contracts or
indemnity, and other \vritings obligator:' in the D..8.ture or a bond., recogniza:.'1.ce, or conditionallL.'1denaldng a."'1d any and all conseIll5
incident thereto aud to bind the Compilllies, thereby as funy and to tl1e &'lme extent as if tile same "Vt'cre signed D): the duly allthoriz~d
officers of IDe, Comp3.llics. and. all the acts of said.;l:..ttomey(s)-m-Factt pursuant to the authority herein given~ are hereby ratified aIle:
cOmJrmed.
Tllis appointment is made under and by authoriTY of we fol1ov.ing
no"\~v in full. force d.L"1d effect:
Resolutions of said Conlpanie.s~ ~'vh.i;::h F~esolutions are
'VO.TED: Tnal the ChaLlnan, the President, any ~v"iceCh!}.h-n:z.r~ any Executive \;ice ?resjden~ ~'1y Senior 'Vice ?re5ident~alY \Tice
Second "\I'ice President, the Treasurer, any P..sslstaIltTreasurer, theCoipGrate or any ..k.sslStaIli. Secretfu:~ may' appoint
toacl for fu"1d on behalf efllie COInpaL"1Y ELla may give such appointee such as his Dr her cerUficate of auL10nty may'
aTI\'
Lr,e nature of a bor:d~
or ~ODG1Uonal
s se.a! bonds. contracts of indemnilY, fu"JG ouleT .;~.
B..!'1d any of said officers or the Beard of Directors at any tL."TIe may remove an.:.' s'ucn
to
~~d revoke the po\!/er given lurrl or her.
"VOTEI): ina: tne
(,p
an:,' V1ce
anv.:...xecuuve Vice
..... ' ..~. ,",", " '" -. -, "
an~~' ~er.uO:Vlce Yre.s:Qer~t or a.ny v:ce :'[eSlce:n
may
aHa r iL."1Y
of the fores:ollliZ
to o::e or TI10re ofuce:rs or ernpjoyees aftius Company: provided that eacn sueD
and. a copy thereof is DIed in the office of t~e
\lC'TED:
Tha! any bond, recogrili-:3riCe, contract
shall be ~\~al,id and, UDOIl the
or indenullty~
yvnen
or \\T1tl.i."lg
abErra-lorv in
the nature
of a
h^T\t":
V,.f~.""'l
recogr.... ~?::<'r1Get
or COnCl111cnal
Senior 'V'ice President Dr ~!Y '\Tice President., any Second Vice
by [1e President, any\Tice Chainna.r1..; any Executive 'Vice
~n'"
Lie
fu"lV P..sStSlal1t
the Corporate
or 211\
and
seal bV a
to the pov/er
or P..ssisrent or (b) executed
in his Dr her c.ertif1cate or lllcrr certificates of
sc;::;L i:-
ana
attcstecand sealed \vith t~e
GIle or more Corr~p~"1Y offic.ers pursu2.:lt to a \Y.r:inen delegation of
This Power oflutorney and Certificate of Authority is signed and sealed by facsimile (mecharJcaJ or primeo) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TR}~ VlLLERS CASUALTY .A~N1) SURETY
COl\IPA.ooNY OF .t\..MERICA, TR.-\.v'ELERS C4..SUliliTY lu,\1) SURETY COlYiPiu\l' and FARl\-TINGTON CASDALT1-
COJ\:IPA..NY, which Resolution is no" in full force and effect:
"'\Ie/TED: .lnat the
01 eacn of tlie
oIuceTs:
all\' t.xecutlve VIce
a:.'1'\' Senior ""lee
ill1:,.' \::ce
a11Y l~:...ssist3.Ilt
c.I1V
ar:y P..s.sls:'arn
and the seal 01 u'1e
. -- .
may' ne alID(ea
ia.CS1I11l1 e tc an \'
"JQVier of attorney or to &jV certiiicat.e reiatin2. thereto
. '" - 0-'
r~~eS1C1ent
F(esident /.i..SSistaIlt Secret?~ie:s or
. "-
~,~~
purposes only of executing fu"}Q
. . .
Donas ana.
ana otner
ill tIle nanrre and e.n)' such pc)\ver of a:::.orr>ey
upon the Compa...'1j' a11d fu~y such po\ve:- so exe::u1.ed E:ld
t..:~:: in the furore \vifn respect to fillY DODG Dr
or certl!..1 cate
such facslnule
,- ... .
or.laCSlInHe seal
Ceri.1HeQ
. ,.. . "
SUCh IaCS11Illle
and fa:sir-uile seal shall h~
to \vlllcn it is atta:..hed.
r, ~ nr" "",__...l__':'.
IN \VITI';ESS \YHEREOF, TRAV'"ELERS CA5U.-\..LTY A..l'ljD SURETY Co:rVIPA....l\.ir OF AIYIERICA, TR.~y"ELERS
CASUALTY AND SURETY COlYJP.-il,Y :lndFA..Rl'\1INGTON CASUALTY COMPA,Y have caused this instrument to be
signed by Lf1eir Senior Vice President and their corporate seals to be hereto affixed this 1st day of May 2003.
81i'.2 OF Cot.,1]'rECTlC"\JT
} SS. HarJord
TRA. VELERS CASUALTY A..i,\1) S"l.JRETY COiYIP..u,y' OF Al'\ffiRlCA
TRA YELERS CASUALTY ..u"1) SURETY COJ.\:1P..u'iY
FARrvITNGTON CASUALTY CO.M.PAl'fY
CO\..TN1~{ (IF Rt...l'""ZTFORD
ff~
~~\ CONN. l~~
-;..~~ \.~ /,.;~!l
"'....~ ,,,~_,,,,,."\~'i"..'P'
'~"~~:~..:~~::;I~;;F'
By
~~~
George W. Thompson
Senior Vice President
r-\...,
LJ.,U.)
1st
of 1\/12\", 2003 before Ine
came GEORGE \V. rnOlYIPSON to me known., \vno, being
me
sv/o r1"L
me cepose ane sa}': tha he/she is Senior Vice President of TR.A.\!ELERS CASUALTY AN']) SURETY COlYIPA.l'\Y OF
.4J\1ERlCA, 'IRA. V'ELERS CASUl'iLTY A1\:,]) SURETY COl\IPA.i~Y and FA.R:'VIINGTON CASUALTY C01\IPAJ."';-Y, the
corporations described in ~"1d '\.vruch exe::uted th,e above instrument; thatrle/she L--.:.O\V5 the seals or said corporations; that the seals
21I1X:::d to tile said instmmem are such corporate seals; and that he/she executed the said il1strtl...'nent eIl behalf of tile corporations by
of 111s/her office'iL'rlder the Standing Resolutions thereof
~~'\,~
c..
..: -- ~ ...!l-
~
Public
rviarie C. Tetreault
remams hi f1..u1 force and has not been revoked; and furthermore, t.:.'lat the Standing Resolutions of Lhe Boards of Directors, as set
forrh in tJleCerillicme Of~~IlthOrity~ are novt in force.
the State of C'orillec:icilt, DOPJ:P~B'\{ CE.RTIF""{ that rIle foregoing CL."1d attached Po\ver of
:l1e Assistant SecretaQ' of TRA..\"ELEI'..s CASD.AlTY Al"-iD SURETY CQIvIPANY OF AMERICA,
TRAVELERS CASUALTY AND S1IRETY COI\IPA.N"l' and FA..Ri'VII.\XGTON C.-1.SU.4..LTY COMPANY, 5:001;: corporations of
lliiG'
'"'~
V~
a.nc Sealed at the Home Office of the COmpill"1Y, in the City ofHarrfor~ State OfC0D11ecticuL Dated Uris 19th
;n04
': _v .~.
day of
~
fa~~~~\
i.... f . \ rf"l
I ~ ( H~t~...,~:?.D, 1 ::}
,\...., ~ v......t'il't. i!":)
~~~o~
~
c:::::;:::::;:-):-;;:- r7/f.... ~~
,/ r-r'-,;Y ,-",
By \....;
Kori 1\1. Johanson
Assistant Secretary, Bond
DOCUMENT 00520
AGREEMENT FORM
THIS AGREEMENT is by and between City of New Hope, Minnesota, (Owner) and Carl Bolander & Sons
Co. (Contractor).
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 Contractor shall complete all work as specified or indicated in the Contract Documents. The work is
generally described as follows: municipal utility and street construction for the City of New Hope, Minnesota,
City Project No. 771.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the work under the Contract Documents may be the whole or only a part is
generally described as follows: Hillside Terrace Infrastructure Improvements for the City of New Hope,
Minnesota, City Project No. 771.
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West
Highway 36, St. Paul, MN 55113 (Engineer), who is to act as Owner's representative, assume all duties and
responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in
connection with the completion of the work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for
Final Payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Datesfor Milestones, Substantial Completion, and Final Payment
A. An early start date of September 7, 2004 is anticipated. This relies on the completion of site
work and grading by others. Adjustments in the start and completion dates may be necessary pending the
completion of work by others.
B. All work involved in this Project, with the exception of the wear course paving, shall be
substantially completed on or before October 8, 2004.
C. Any remaining restoration work shall be completed on or before May 5,2005.
D. All wear course paving shall be completed on or before July 31,2005. Wear course paving
cannot occur in 2004.
34-04-162
@ 2004 Bonestroo, Rosene,
Anderiik & Associates, Inc.
00520-1
AGREEMENT FORM
E. All of the work of the Project shall be completed and ready for Final Payment in accordance
with Paragraph 14.07 of the General Conditions on or before August 15,2005.
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will
suffer financial loss if the work is not completed within the times specified in paragraph 3.02 above, plus any
extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize
the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss
suffered by Owner if the 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 $250.00 for each day that expires after the time specified in paragraph 3.02 for Substantial Completion
until the work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or
fail to complete the remaining work within the Contract Time or any proper extension thereof granted by
Owner, Contractor shall pay Owner $250.00 for each day that expires after the time specified in paragraph 3.02
for completion and readiness for Final Payment until the work is completed and ready for Final Payment.
ARTICLE 5 - CONTRACT PRICE
5.01 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 One Hundred Ninety-One Thousand Eight Hundred Eleven
Dollars and Thirty-One Cents ($191,811.31) 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.A.l and 6.02.A.2 below. All such payments will be measured by the Schedule of Values established in
Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price work based on the number of
units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements:
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below but, in each case, less the aggregate of payments previously made and less
such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated
damages, in accordance with Paragraph 14.02 of the General Conditions:
a. 95 percent of work completed (with the balance being retainage).
b. 95 percent of cost of materials and equipment not incorporated in the work (with the
balance being retainage).
34-04-162
@ 2004 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.B.5 of the General Conditions and less 100 percent of Engineer's
estimate of the value of work to be completed or corrected as shown on the tentative list of items to be
completed or corrected attached to the certificate of Substantial Completion.
6.03 Final Payment
A. Upon Final Completion and acceptance of the work, in accordance with Paragraph 14.07 of the
General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as
provided in said Paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest
at the rate 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.
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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 of the work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement.
2. Performance Bond, Payment Bond, and other Bonds.
3. General Conditions.
4. Supplementary Conditions.
5. Specifications.
6. Drawings bearing the following general title: Hillside Terrace Development;
7. Addenda (Numbers One to Two, inclusive).
8. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid Form.
b. Documentation submitted by Contractor prior to Notice of Award.
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00520-4
AGREEMENT FORM
9. The following which may be delivered or issued on or after the Effective Date of the
Agreement, and are not attached hereto:
a. Notice to Proceed
b. Work Change Directives;
c. Change Order(s).
B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly
noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
Paragraph 3.04 of the General Conditions.
ARTICLEIO-NllSCELLANEODS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and the
Supplementary Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding
on another party hereto without the written consent of the party sought to be bound; and, specifically but
without limitation, moneys that may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to
all covenants, agreements, and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
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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 g }31
~ .
Owner:
Ci
Address for giving notices:
,!jLI/
/ /G~I
V /! I/-,-v/ <';.J i i) I"~; j
/'- '- / ;:; j f .. U......,/t/"'C . \-/
J
I
HZ IJJL )}/7/7 ~~-5-i/ d k
I /
II L j
i'Vt/"\"../v
Designated Representative:
i
Name:
:11, . I .
iLll ,e( i c L CO FlC.
Title:
Address:
Phone:
/ /,. 2.
! ({)...)
,;5j/- 5(/7
Facsimile:
J / '?
Ii?J
J(/5!3
, 2004 (which is the Effective Date ofthe Agreement).
Contractor:
..../(,/ L.
t PJZ~ I De?J1"
Attes~t?L ~
Address for giving notices:
d-5J S~k~
cz>7. J)/414 L/
~
b'Old'1
License No.
(Where applicable)
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile:
END OF DOCUMENT
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00520-6
AGREEMENT FORM
PERFORJ.\1ANCE 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):
CONTRA.CT
Date:
Amount:
Description (Name and Location):
BOND
Bond Number:
Date (Not earlier than Contract Date):
Amount:
Modifications to this Bond Form:
Sucety and Cont"ctoc, intending to be legally bound heeeby, subject to the terms pcinted on the cevme side heceof, do each cause
this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL
Company:
Sl.TRETY
Signature:
Name and Title:
(Seal)
Surety's Name and Corporate Seal
(Seal)
(Space is provided belo\v for signatures of additional
parties, if required.)
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title
CONTRA.CTOR AS PRINCIPAL
Company:
SlTRETY
Signature:
Name and Title:
(Seal)
Surety's Name and Corporate Seal
( Seal)
By:
Signature and Title
(Attach Power of Attorney)
EJCDC No. C-610 (2002 Edition)
Originally prepared through the joint effOrts of the Suret}' Association of America, Engineers Joint Contract Documents Committee, the Associated General
Contractors of America, and the American Institute of Architects.
Attest:
Signature and Title:
~
00610-1
1. Contractor and Surety, jointly and severally, bind themselves. their heirs.
executors. administrators. successors. and assigns to Owner for the performance of
the Contract, which is incorporated herein by reference.
2. If Contractor performs the Contract. Surety and Contractor have no obligation
under this Bond. except to participate in conferences as provided in Paragraph 3.1.
3. If there is no Owner Default, Surety's obligation under this Bond shall arise
after:
3.1.
Owner has notified Contractor and Surety, at the addresses described in
Paragraph 10 below. that Owner is considering declaring a Contractor
Default and has requested and arrempted to arrange a conference with
Contractor and Surety to be held not later than 15 days after receipt of
such notice to discuss methods of performing the Contract. If Owner.
Contractor and Surety agree. Contractor shall be allowed a reasonable
time to perform the Contract, but such an agreement shall not waive
Owner's right. if any, subsequently to declare a Contractor Default; and
, 1
~.~.
Owner has declared a Contractor Default and formally terminated
Contractor's right to complete the Contract. Such Contractor Default
shall not be declared earlier than 20 days after Contractor and Surety
have received notice as provided in Paragraph 3. i; and
3.3. Owner has agreed to pay the Balance of the Contract Price to:
I. Surety in accordance \vith the terms of the Contract;
2. Another contractor selected pursuant to Paragraph 4.3 to perform the
Contract.
4. When Owner has satisfied the conditions of Paragraph 3. Surety shall promptly
and at Surety's expense take one of the following actions:
4.1. Arrange for Contractor, with consent of Owner, to perform and
complete the Contract; or
4.2.
Undertake to perform and complete the Contract itSelf, through itS
agents or through independent contractors; or
4.3.
Obtain bids or negotiated proposals from qualified contractors acceptable
to Owner for a contract for performance and completion of the Contract.
arrange for a contract to be prepared for execution by Owner and
Contractor selected with Owner's concurrence, to be secured with
performance and payment bonds executed by a qualified surety
equivalent to the bonds issued on the Contract, and pay to Owner the
amount of damages as described in Paragraph 6 in excess of the Balance
of the Contract Price incurred by Owner resulting from Contractor
Default: or
4.4.
Waive itS right to perform and complete. arrange for completion, or
obtain a new contractor and with reasonable promptness under the
circumstances:
1. 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
1 Deny liability in whole or in part and notify Owner citing reasons
therefor.
5. If Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, Surety shall be deemed to be in default on this Bond 15 days after
receipt of an additional written notice from Owner to Surety demanding that Surety
perform itS obligations under this Bond. and Owner shall be entitled to enforce any
remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4. and
Owner refuses the payment tendered or Surety has denied liability, in whole or in
part. without further notice Owner shall be entitled to enforce any remedy available
to Owner.
6. After Owner has terminated Comractor's right to complete the Contract, and if
Surety electS to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities
of Surety to Owner shall not be greater than those of Contractor under the Contract,
and the responsibilities of Owner to Surety shall not be greater than those of Owner
under the Contract. To a limit of the amount of this Bond, but subject to
commitment by Owner of the Balance of the Contract Price to mitigation of costS
and damages on the Contract, Surety is obligated without duplication for:
6.1. The responsibilities of Contractor for correction of defective Work and
completion of the Contract;
6.2.
Additional legal, design professional, and delay costS resulting from
Contractor's Default, and resulting from the actions or failure to act of
Surety under Paragraph 4; and
6.3.
Liquidated damages, or if no liquidated damages are specified in the
Contract, actual damages caused by delayed performance or non-
performance of Contractor.
7. Surety shall not be liable to Owner or others for obligations of Contractor that
are unrelated to the Contract, and the Balance of the Contract Price shall not be
reduced or set off on account of any such unrelated obligations. No right of action
shall accrue on this Bond to any person or entity other than Owner or itS heirs,
executors, administrators, or successors.
8. Surety hereby waives notice of any change, including changes of time. to
Contract or to related subcontractS, purchase orders, and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any
court of competent jurisdiction in the location in which the Work or part of the
\Vork is located and shall be instituted within two years after Contractor Default or
within twO years after Contractor ceased working or within tWO years after Surety
refuses or fails to perform itS obligations under this Bond, whichever occurs first. If
the provisions of this paragraph are void or prohibited by law. the minimum period
of limitation available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the
address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory requirement in
the location where the Contract was to be performed, any provision in this Bond
conflicting with said statutory requirement shall be deemed deleted herefrom and
provisions conforming to such statutory requirement shall be deemed incorporated
herein. The intent is that this Bond shall be construed as a statutory bond and not as
a common law bond.
12. Definitions.
12.1 Balance of the Contract Price: The total amount payable by Owner to
Contractor under the Contract after all proper adjustments have been
made. including allowance to Contractor of any amountS received or to
be received by Owner in settlement of insurance or other Claims for
damages to which Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of Contractor under the Contract.
12.2. Contract: The agreement between Owner and Contractor identified on
the signature page, including all Contract DocumentS and changes
thereto.
12.3.
Contractor Default: Failure of Contractor, which has neither been
remedied nor waived, to perform or otherwise to comply with the terms
of the Contract.
'1 ~l
1...."":".
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 orher party)
00610-2
PAYMENT BOND
Any singuIa; reference to Cont"ctOt, SUtety, Ownet, Ot othet patty 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:
ivlodifications to [his Bond Fonn:
Surety and Conteactot, intending to be legally bound heteby, subject to the tenus pdnted on the reVetse side heceof, do each cause
this Payment Bond to be duly eXecuted on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRIN"CIPAL
Company:
S"(JRETY
Signature:
Name and Title:
(Seal)
Surety's Name and COrporate Seal
(Seal)
(Space is provided below for signatures of additional
parties, if required.)
By:
Signature and Title
(Attach Pow'er of Attorney)
CONTRACTOR AS PRIN"CIP AL
Company:
Attest:
Signature and Title
S'(.JRETY
Signature:
Name and Title:
(Seal)
Surety's Name and COrporate Seal
(Seal)
Bv.
J.
Signature and Title
(Attach Po\ver of Attorney)
Attest:
Signature and Title:
EJCDC No. C-615 (2002 Edition)
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"eo",t C"'Met,,, ,r Am'd", th, Am'd,," _to" ,r ""'hi'~", th, Am'd,," S'htUn""",,, ""'d,"", ,"d <h, ''''~;,''d SP""'ry Cu,,",,,",,,
=
00615-1
l. Contractor and Surety, jointly and severally, bind themselves, their heirs,
~xecutors, 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 oi such claims, demands, liens, or suits to Contractor and
Surety, and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void ii
Contractor promptly makes payment, directly or indirectly, ior all sums due.
.t. Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with
Contractor have given notice to Surety (at the addresses described in
Paragraph 12) and sent a copy, or notice thereof, to Owner, stating
that a claim is being made under this Bond and, with substantial
accuracy, the amount of the claim.
4.2. Claimants who do not have a direct contract with Contractor:
1. Have furnished written notice to Contractor and sent a copy, or
notice thereof. to Owner, within 90 days after having last
performed labor or last furnished materials or equipment included
in the claim stating, with substantial accuracy, the amount of the
claim and the name of the party to whom the materials or
equipment were furnished or supplied, or for whom the labor was
done or performed; and
2. Have either received a rejection in whole or in pan 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
written notice to Surety and sent a copy, or notice thereof, to
Owner, stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice furnished to
Contractor.
5. Ii 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 satisiied 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, \vith 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 ror any payments made in good faith by
Surety .
8. Amounts owed by Owner to ContractOr under the Contract shall be used for
the performance of the Contract and to satisfy claims, if any, under any
performance bond. By Contractor furnishing and Owner accepting this Bond,
they agree that all funds earned by Contractor in the performance of the
Contract are dedicated to satisfy obligations of ContractOr and Surety under
this Bond, subject to Owner's priority to use the funds for the completion of
the Work.
9. Surety shall not be liable to Owner, Claimants, or others for obligations of
Contractor that are unrelated to the Contract. Owner shall not be liable for
payment of any costs or expenses of any Claimant under this Bond, and shall
have under this Bond no obligations to make payments to, give notices on
behalf of. or otherwise have obligations to Claimants under this Bond.
10. Surety hereby waives notice of any change, including changes of time, to
the Contract or to related Subcontracts, purchase orders and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other
than in a coun of competent jurisdiction in the location in which the Work or
pan of the Work is located or after the expiration of one year from the date (1)
on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph
4.2.3, or (2) on which the last labor or service was performed by anyone or
the last materials or equipment were furnished by anyone under the
Construction Contract, whichever of (I) or (2) iirst 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 oi 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. Wnen 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. DEF1NlTlONS
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 pan 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.
IS .2. Contract: The agreement between Owner and Contractor identiiied on
the signature page. including all Contract Documents and changes
thereto .
15.3. Owner Default: Failure or Owner, which has neither been remedied
nor waived, to pay Contractor as required by the Contract or to
perform and complete or comply with the other terms thereof.
FOR INFOR.cvIA nON Ol'i'L Y - Name, Address and Telephone
Surety Agency or Broker:
Owner's Representative (Engineer or other party):
00615-2
DOCUMENT 00800
SlTPPLEMENT AR Y COr-,TDITIONS
These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract (No. C-700, 2002 Edition) and other provisions of the Contract
Documents as indicated below. All provisions, which are not so amended or supplemented,
remain in full force and effect.
The terms used in these Supplementary Conditions have the meanings stated in the General
Conditions. Additional terms used in these Supplementary Conditions have the meanings stated
below, vvhich are applicable to both the singular and plural thereof.
ARTICLE 1 - DEFINITIONS A1~TI TERlvlINOLOGY
SC-1.02
Add the following new paragraph immediately after Paragraph 1.02.F:
G. The Specifications are written in imperative mood and streamlined form. This
imperative language is directed to the Contractor, unless specifically noted otherwise. The words
"shall be" are included by inference where a colon (:) is used within sentences or phrases.
ARTICLE 2 - PRELllvlINARY 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 LANTIS: StTBStTRF ACE A:NTI PHYSICAL CONTIITIONS,
REFERENCE POINTS
SC-4.02
Delete 4.02.A and 4.02.B in their entirety and insert the following:
A. No reports of explorations or tests of subsurface conditions at, or contiguous to,
the Project Site are known to the Owner or Engineer.
ARTICLE 5 - BONTIS ANTI INStJRANCE
SC-S.Ol
Add the following nevv paragraph immediately after Paragraph S.01.C:
D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC
Form C-61 0 and C-61S (2002 Editions), or a similar bond form if approved by Owner.
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SLJPPLEMENTAR Y CONDITIONS
SC-5.03.B
Delete Paragraph 5.03.B in its entirety and insert the following:
B. Failure of Owner to demand such certificates or other evidence of full compliance
with these insurance requirements, or failure of Owner to identify a deficiency from evidence
provided, shall not be constmed as a \vaiver of Contractor's obligation to maintain such
lilsurance.
C. By requiring such insurance and insurance limits herein, Owner does not represent
that coverage and limits will necessarily be adequate to protect Contractor and such coverage and
limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted
to Owner in the Contract Documents.
SC-5.04.
Add the following new paragraph immediately after Paragraph 5.04.B:
C. The limits of liability for the insurance required by Paragraph 5.04 of the General
Conditions shall provide coverage for not less than the following amounts or greater where
required by Laws and Regulations:
1. Worker's Compensation Insurance
Coverage A - Statutory
Coverage B - $500,000
S500,000
S500,000
Each Accident
Disease - Policy Limit
Disease - Each Employee
') Commercial General Liability
Sl,OOO,OOO General Aggregate
Sl,OOO,OOO Products/Completed Operations Aggregate
Sl,OOO,OOO Each Occurrence
$1,000,000 Personal Injury
3. Comprehensive Automobile Liability
Sl,OOO,OOO Combined Single Limit - Bodily injury and property
damage. All owned, non-owned, and hired vehicles.
4. Umbrella Excess Liability
Sl,OOO,OOO
51,000,000
Each Occurrence
Aggregate
Umbrella excess liability shall be a combined single limit which shall provide
excess liability insurance over Commercial General Liability, Comprehensive
Automobile Liability, and Employers Liability.
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00800-2
SUPPLEMENTARY CONDITIONS
5. The following persons or entities shall be included as additional insured on the
Commercial Liability, Comprehensive Automobile Liability, and Umbrella
Excess Liability. This coverage shall be primary and noncontributory:
Owner.
Engineer.
SC-5.06.A
Amend the first sentence of Paragraph 5.06.A. to read:
A. Contractor shall purchase and maintain during the entire construction period, a
Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire
work at the Project Site. The insurance policy shall comply with the provisions of Paragraph
5.06.A.1 through 5.06.A.7. A minimum deductible of Sl,OOO 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 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds, as
their interest may appear and adjust the loss with the insurance company.
SC-5.06.A
Add the following new item immediately after Item 5.06.A.7:
8. The Builder's Risk Insurance required herein shall apply to projects
involving construction of structures and buildings only. The requirements of this Section
shall be waived on projects involving only underground utilities, grading, street
improvements, and similar construction work but any damage or loss to property shall be
at the sole responsibility of Contractor until final acceptance of the work.
ARTICLE 6 - CONTR.A.CTOR'S RESPONSIBILITIES
SC-6.08.A. Amend the first sentence of Paragraph 6.08.A by replacing the words "the
Supplementary Conditions" \vith the words "Division 1 - General Requirements."
SC-6.19.A. Delete the words "representation of" in the second sentence.
ARTICLE 10 - CHA.".JGES IN THE WORK; CLAD/IS
SC-10.05.B. Amend the tIrst sentence of Paragraph 10.05.B by replacing the words "30 days"
with the words "10 days." Amend the third sentence of Paragraph 10.05.B by replacing the
words "60 days" with the words "30 days."
ARTICLE 13 - TESTS Al"J"D INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTA.".JCE
OF DEFECTIVE WORK
SC-13.07.A. Amend the first sentence of Paragraph 13.07.A by striking out the words "one
year" and inserting the \vord "two years."
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00800-3
SUPPLEMENTARY CmWlTlONS
l~RTICLE 14 - PA yJ\lfENTS TO CONTR.A.CTOR Al~l) CONlPLETION
SC-14.02.B.S Add the following new item immediately after Item 14.02.B.S.d:
e. Contractor's failure to make acceptable submittals in accordance with the
accepted schedules.
ARTICLE 16 - DISPUTE RESOLUTION
SC-16.01
Delete Paragraph 16.01.C in its entirety and insert the following in its place:
C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.0S.C or
a denial pursuant to Paragraphs 10.0S.C.3 or 10.0S.D shall become final and binding 30 days
after termination of the mediation unless, within that time period, Owner or Contractor:
1. elects in writing to demand arbitration of the claim, pursuant to
Paragraph SC-16.02, or
2. agrees with the other party to submit the claim to another dispute resolution
process.
SC-16.01.D
Add the following new paragraph immediately after Paragraph SC-16.01.C:
D. Notwithstanding any applicable statue of limitations, a party giving notice under
Paragraph SC-16.01.C.1 shall commence an action on the claim within 1 year of giving such
notice, and within the period of any applicable statute of limitation or repose. Failure to do so
shall result in the claim being time-barred and Engineer's action or denial shall become final and
binding.
SC-16.02
Add the following ne\v 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-16.01A and l6.01.B, but not including any claim in excess of S100,000, will be
decided b.y arbitration in accordance \vith the Construction Industry Dispute Resolutions
Procedures of the American Arbitration Association then in effect, subject to the conditions and
limitations of this Paragraph SC-16.02. This agreement to arbitrate and any other agreement or
consent to arbitrate entered into will be specifically enforceable under the prevailing law of any
court having jurisdiction.
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SUPPLEMENTAR Y CONDITIONS
B. The demand for arbitration will be filed in writing with the other party to the
Contract and with the selected arbitrator or arbitration provider and a copy will be sent to
Engineer for information. The demand for arbitration will be made within the 30 day period
specified in Paragraph SC-16.01.C, and in all other cases within a reasonable time after the claim
or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such
demand be made after the date when institution of legal or equitable proceedings based on such
claim or other dispute or matter in question would be barred by the applicable statue of
limitations.
C. No arbitration arising out of or relating to the Contract Documents shall include by
consolidation, joinder, or in any other manner any other individual or entity (including Engineer,
and Engineer's consultants and the officers, directors, partners, agents, employees, or consultants
of any of them) who is not a party to this Contract, unless:
1. in inclusions of such other individual or entity is necessary if complete relief is
to be afforded among those who are already parties to the arbitration; and
2. such other individual or entity is substantially involved in a question of law or
fact which is common to those who are already parties to the arbitration and which \vill
arise in such proceedings.
D. The award rendered by the arbitrator(s) shall be consistent with the agreement of
the parties, in writing, and include: (i) a concise breakdown of the award; (ii) a written
explanation of the award specifically citing the Contract Documents provisions deemed
applicable and relied on in making the award.
E. The award will be final. Judgment may be entered upon it in any court having
jurisdiction thereof, and it \vill not be subject to modification or appeal, subject to provisions of
the Controlling Law relating to vacating or modifying an arbitral award.
F. The fees and expenses of the arbitrators and any arbitration service shall be shared
equally by Owner and Contractor.
ENTI OF DOClJl\ilENT
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SUPPLElvlENTARY CONDITIONS
SECTION 01100
SUMMARY
Pi\RT 1 - GENER.AL
1.01 SECTION INCUJDES
A. Basic description of the Project and work restrictions.
1.02 SlJ1vlMARY OF WORK
A. Project Name: Hillside Terrace Infrastucture Improvements for the City of New
Hope, Minnesota, City Project No. 771.
B. Description of Work: Project consists of installation of new sanitary seVier, storm
sewer, and vvater main. This Project also includes the installation of interim
bituminous street and final concrete curb and gutter and pavement.
1.03 COMPLETION DATES
A. Set forth in the Agreement.
1.04 LIQUIDATED DA1\1AGES
A. Provisions for liquidated damages, if any, are set forth in the Agreement.
1.05 WORK RESTRICTIONS
A. Use of Project Site:
1. Location of construction facilities, staging areas, product stockpiles,
material storage, and temporary construction should be reviewed and
approved by the Owner, and shall be removed upon completion ofvvork.
2. Keep existing driveways and entrances clear and available to the public
and to the Owner:
a. Salvaged Class 5 from the existing street section shall be used to
maintain access to resident's driveways at no additional cost to the
Owner.
b. Access interruptions must be noticed to the Owners representative
and impacted residents.
3. If additional space is needed, obtain and pay for such space offsite.
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SUMMARY
B. Access to Project Site:
1. Hauling access shall be limited to Ensign Avenue north of 35th Avenue to
36th Avenue to TH 169.
C. Other Work at Project Site:
1. The installation and revision of electric power, telephone lines, gas lines,
and cable TV by private utilities is anticipated.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3.01 MEASUREMENT A.l'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
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SU"Itv!ARY
SECTION 01310
PROJECT MAi'JAGEMENT Ai'ID COORDINATION
PART 1 - GEN~RAL
1.01 SECTION INCLUDES
A. General requirements for overall Project coordination.
1.02 UTILITIES
A. Notify Gopher State One Call before starting construction in a given area requesting
utility locates in the Project Site.
B. Project Utility Sources: Coordinate work with the following utility owners. The
follo\ving 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, Gregory S. Plumedahl, 8701 Monticello Lane, Maple
Grove, ivfN 55369; ph: 763-493-1670; fax: 763-493-1501.
5. Gas: Reliant Energy, Minnegasco, Cherie Monson, P.O. Box 1165,
Minneapolis, MN 55440-1165; ph: 612-321-5435; fax: 763-321-5480.
6. Telephone: Qwest, Carrie Oster, 9700 Schmidt Lake Road, Room 155,
Plymouth, MN 55442; ph: 763-381-5542; fax: 763-536-5098.
7. Cable TV: Comcast Communication, Doug Zahn, 1238 Grey Fox Road,
Arden Hills, IvIN 55112-6930; ph: 651-493-5316; fax: 651-493-5116.
C. Ow'ner requires 48 hour notice for all utility interruptions.
D. Private utility infonnation obtained from utility owners/operators is shown on the
Drawings in a general way. The location of utilities is not guaranteed. The locating of
utilities and coordination during construction is the responsibility of the Contractor.
Final locations of all utilities, per the Gopher One System, will be the responsibility
of the Contractor. All costs associated with the private utility coordination shall be
incidental to the total work of the Project. Private utility information was provided to
the City per design locate Ticket Number 40363594.
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PROJECT MANAGEMENT AND
COORDLNA TION
Information provided is of Quality Level D (QLD) as defined by ASCE Standards.
Utility locations shown on the Drawings are based on this QLD information, and
have not been verified with a field survey.
1.03 PERLYfITS
A. Comply with the stipulations of the following permits which have been applied for or
will be furnished by the Owner:
1. MPCA Stormwater Discharges Associated With Construction Activities
NPDES General Permit. Contractor will pay the application cost of this
permit.
B. Apply for, obtain, and comply with other permits, licenses, and approvals which may
be required for the Project.
1.04 SlJRVEYING Ml) CONSTRUCTION OBSERVATION
A. Provide Engineer and Resident Proj ect 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 \-vill set the time, sites, and prepare the agenda for the meetings.
3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor.
Notify Engineer of inaccuracies, or discrepancies in the meeting minutes
within 5 calendar days ofreceipt of the minutes.
4. The attendance and cooperation of subcontractors and suppliers may be
required.
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PROJECT MANAGEMENT AND
COORDINATION
B. Preconstruction Conference:
1. Provisions for the Preconstruction Conference are set forth in the General
Conditions.
2. Requirements for preconstruction submittals are set forth in the General
Conditions.
C. Progress Meeting Procedures:
1. Engineer will schedule construction progress meetings throughout the
duration of the Project to assess the progress ofthe work, identify and discuss
Project related issues, and discuss near-term construction activities.
1.06 CONSTRUCTION SCHEDULING
A. Sequencing and Scheduling:
1. Owner is very sensitive to the inconvenience each property owner will
experience to construct this Project. The most frequent complaint received
during this type of Project is the length of time for which streets, driveways,
and boulevards are disturbed. Therefore, scheduling ofthe work, maintenance
oflocal traffic, and timely repair of each driveway and yard are critical to the
success of the Project.
1.07 Sl:JBMITTALS
A. Submit a minimum of 4 copies of shop draw'ings, plus the quantity of copies the
Contractor wants returned.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3.01 MEASlJREMENT AL~v PAYMENT
A. All work and costs of this Section shall be incidental to the Proj ect and included in
the TOTAL BASE BID.
E0Iv OF SECTION
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PROJECT ivL-\NAGEMENT AND
COORDiNATION
SECTION 01400
QUALITY REQUIREMENTS
PART 1 - GE~'ERAL
1.01 SECTION INCLUDES
A. Information required for conformance to regulatory requirements.
B. Quality assurance.
C. Procedures to measure and report the quality and performance of the work.
1.02 REFERENCE STA1~TIARDS
A. \\'henever reference is made to the Minnesota Department of Transportation
Specifications, such reference shall mean "Standard Specifications for Constmction,"
2000 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The
word "Engineer" is understood to refer to the Engineer for the Owner.
1.03 SUbMITTALS
A. Prior to start of work, submit testing laboratory name for various specified tests for
approval by Engineer.
B. Submit copies oflaboratory test results or analysis in consistent with Section 01310-
Project Management and Coordination.
C. Manufacturer's certificates of quality control or performance.
1.04 WORKL\1ANSHIP
A. Comply with industry standards of the region, except where more restnctlve
tolerances or specified requirements indicate more rigid standards, or more precise
workmanship.
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QUALITY REQUIREMENTS
1.05 TESTS .L\1'ID INSPECTIONS
A. Conform to the requirements of Article 13 of the General Conditions, except as
modified herein.
B. Notify Engineer 48 hours prior to expected time for operations requiring tests and
inspections.
C. Provide incidental labor and facilities to obtain and handle samples at Project Site, or
source, transport samples to laboratory, facilitate tests and inspections for storing and
curing of test samples.
1.06 LABORATORY REPORTS
A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer.
B. Include: Date issued, project title and number, name of inspector, date and time of
sampling or inspection, identification of product and Specifications Section, location
in the Project, type of inspection or test, date of test, results of tests, and confoffi1ance
\vith Contract Documents.
1.07 LABORATORY RESPONSIBILITIES
A. Test samples and perform field tests.
B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance
of services.
C. Ascertain compliance with the requirements of the Contract Documents.
D. vVhen requested by Engineer, provide interpretation of test results.
1.08 LIMITS ON TESTING LABORATORY AUTHORITY
A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract
Documents.
B. Laboratory may not approve or accept any portion of the \',lork.
C. Laboratory may not assume any duties of Contractor.
D. Laboratory has no authority to stop work.
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QUALITY REQUIREMENTS
1.09 MA1~lJFACTURER'S CERTIFICATES
A. If requested by Engineer, submit manufacturer's certificate with shop drawings,
certifying that products meet, or exceed specified requirements executed by
responsible officer.
1.10 MAN1JFACTURER'S FIELD SERVICES
A. Provide qualified representative to observe field conditions; conditions of surfaces
and installation; quality of workmanship; start-up of equipment; and test, adjust, and
balance of equipment.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3.01 MEASUREMENT Ai'<TI PAYMENT
A. All work and costs of this Section shall be incidental to the Proj ect and included in
the TOTAL BASE BID.
Ei'<TI OF SECTION
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QUALITY REQUiREMENTS
SECTION 01500
TEMPORARY FACILITIES AND CONTROLS
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Temporary utilities and miscellaneous temporary facilities required during
constmction.
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 (MNfUTCD), including
the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition.
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:
1. Multiple mobilizations will be required for the reclamation process.
B. Establish Contractor offices, building, or other facilities necessary for \vork on the
Proj ect.
C. T emporaril y ho ld or relocate utili ties and any miscellaneous structures, such as signs,
power poles, guy wires, and mailboxes disturbed.
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TEMPORA.RY FACILITIES
AND CONTROLS
3.02 SIGNS, NLL\ILBOXES, ETC. REMOVAL AL~D REPLACEMENT
A. Remove, store carefully, and replace all signs, posts, etc. that may be within the
construction limits, as directed by Engineer.
B. Remove existing mailboxes and posts, and temporarily install in locations determined
by Engineer. Replace mailboxes prior to Substantial Completion. Removal,
temporary reinstallation, and replacement shall occur such that mail delivery is not
interrupted. Mailboxes, posts, and appurtenances damaged during construction shall
be replaced with new at no charge to the Owner.
3.03 TEMPORARY UTILITIES
A. Provide and maintain all temporary facilities, utilities, and controls as long as needed
for the safe and proper completion of the work. Remove all temporary facilities,
utilities, and controls as rapidly as progress will permit or as directed by Engineer.
B. Temporary Water for Construction:
1. Use of new or existing hydrants is prohibited, except for testing and flushing
of newly installed mains.
2. Obtain water for construction from locations designated by the Owner.
3.04 CONSTRUCTION F ACILITlES
A. Sanitary Facilities:
1. Comply with all governing regulations, including safety and health codes for
sanitary fixtures and facilities.
2. Provide self-contained toilet units, or water and sewer connected temporary
toilet facilities, consistent with governing regulations. Contractor may not use
Owner's toilet facilities.
3. Provide and maintain adequate supply of toilet tissue, paper towels, paper
cups, and similar disposable materials appropriate for each facility. Provide
appropriate covered waste containers for used material.
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TEMPORARY FACIliTIES
AND CONTROLS
3.05 TEMPORARY CONSTRUCTION
A. Pumping and Dewatering:
1. Provide draining, pumping, dewatering, and cleaning operations necessary to
complete the work.
2. Provide all necessary pumping to remove all surface water and groundwater
from structures as required for the work. Provide erosion control measures
for discharge of water.
3.06 TRAFFIC CONTROL
3. Protect Project Site and adjacent property to avoid damage.
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 M.iVfUTCD.
B. Remove traffic control devices at the conclusion of the work.
C. Flaggers are required to protect construction vehicles during unloading for
construction materials. Conform to the requirements of the :fv.ITvfUTCD, the Flagging
Handbook included in the Field Manual for Temporary Traffic Control Zone Layouts,
and the fOllo\ving: \vhile on duty, flaggers shall wear hard hats and reflectorized
florescent orange rests; and flaggers shall be fully clothed when on duty with shirt or
blouse, slacks or trouser, and sturdy shoes.
D. Field Quality Control:
1. Daily inspect and insure that all traffic control devices required by the
construction are in accordance with the MMUTCD. Any discrepancy
between the actual devices in use and the required devices shall be
immediately rectified.
2. Furnish names, addresses, and phone numbers of at least 3 individuals
responsible for the placement and maintenance of traffic control devices. At
least 1 of these individuals shall be "on call" 24 hours per day, 7 days per
\veek, 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.
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TE,'vIPOR.ARY FACU.ITIES
ANTI CONTROLS
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 of the time of
notification.
5. Keep all traffic control signs and devices in a legible condition. This shall
include, but not be limited to removing grime and dust deposited on any
device by traffic, natural causes, or when requested by Engineer.
3.07 TEMPORARY BARRIERS Ai"\JTI 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.
3.08 MEASUREMENT A~1) PAYMENT
A. A Bid Item has been provided for Mobilization. l'v'1easurement is Lump Sum. This
will be considered payment in full for all work and costs if this Bid Item. The
amount of the Lump Sum 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
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TEMPORA.RY FACILITIES
AND CONTROLS
B. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. This
will be considered payment in full for all work and costs if this Bid Item. The
amount of the Lump Sum Bid:
1. Partial payment of the Lump Sum Bid Item "Traffic Control" will be made
using a percentage based on the following:
Cumulative Percent of
Traffic Control 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
C. No Bid Item has been proved for Temporary Mailboxes. This "vork is considered to
be incidental to the project.
D. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
Ern) OF SECTION
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TEMPORA.RY FACILITIES
AND CONTROLS
SECTION 01570
EROSION A1'ID SEDIMENT CONTROL
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Temporary measures to control soil erosion and sedimentation.
1.02 RELATED SECTIONS
A. Section 02315 - Excavation and Fill.
B. Section 02920 - Lawns and Grasses.
1.03 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for Construction,"
2000 Edition (MnDOT Spec.):
1. 1803 - Prosecution of Work.
2. 2573 - Temporary Erosion Control.
3. 3886 - Silt Fence.
4. 3891 - Inlet Protection.
5. Technical Memorandum No. 99-23-ENV-03 and Attachment.
6. Technical Memorandum No. 99-27-ENV-05.
7. Technical Memorandum No. 02-11-ENv-01.
8. Technical Memorandum No. 02-13-ENv-02.
9. Technical Memorandum No. 02-14-ENv-02.
10. Technical Memorandum No. 01-06-ENv-01.
11. Technical Memorandum No. 00-10-ENV-04.
12. Technical Memorandum No. 00-12-ENV-05.
13. Special Provisions S- 25.
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EROSION AND SEDIlvlENT CONTROL
14. Special Provisions S-249.
15. Special Provisions S-250.
16. Special Provisions S-252. .
17. Special Provisions S-264.
1.04 SUBMITTALS
A. Erosion Control Plans:
1. Completed application form for the :tviPCA's General Storm Water Permit for
Construction Activity.
B. Certification and Sampling:
1. Furnish a manufacturer's certification stating that the material supplied
conforms to the requirements ofthis Section. The certification shall include
or have attached typical results of tests for the specified properties,
representative of the materials supplied.
1.05 PERi\1ITS
A. General:
1. This Project disturbs 1 or more acres of total land area, submit a completed
application form for the MPCA's General Storn1 Water Permit for
Construction 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.
1.06 SEQlJENCING Al"lU SCHEDULING
A. Conform to MnDOT Spec. 1803.5:
1. Submit for approval, the plan of operations for accomplishing temporary and
permanent erosion control.
2. All temporary erosion control measures to be installed prior to any grading
activities.
3. Permanent erosion control measures are to be installed when deemed
appropriate during the grading process.
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EROSION AND SEDUvIENT CONTROL
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. \Vhen the Contractor fails to conduct the quality control program,
doesn't conduct the inspection required in the N1>DES Permit, or fails
to take action ordered by the Engineer to remedy erosion or sediment
controi 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 per calendar day deduction for noncompliance.
B. Contractor is responsible for the establishment of permanent turfin accordance with
Section 02920 - Lawns and Grasses to prevent excessive soil erosion.
PART 2 - PRODUCTS
2.01 SILT FENCE
A. Standard Silt Fence:
1. Geotextile Fabric: Woven wire fabric with the following physical properties:
a. Grab Tensile Strength (ASTM D4632): 100 lb.
b. Apparent Opening Size (ASTM D4751): #20 to 70 sieve.
c. Width: 36 inches.
d. Ultraviolet Resistance (ASTM D4355): 70 percent.
e. Furnish geotextile with protective wrapping to protect the fabric from
ultraviolet radiation and abrasion, due to shipping and handling.
2. Posts: 2 inch x 2 inch wood.
2.02 BALE CHECKS
A. Type 1 mulch conforming to MnDOT Spec. 3882.2.
B. All bales shall be either bound with wire or tied with nylon string.
C. Hardwood stakes shall be 1-1/2 inch x 1-1/2 inch x 36 inches.
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EROSION AND SEDLvlENT CONTROL
2.03 STORJ.\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. Non-paved surfaces without curb and gutter inlet protection:
1. Silt fence box.
2. Road Drain: Manufacturer: Wimco, LLC.
3. Erosion Control Shroud: Manufacturer: Royal i\nchor Systems, Inc.
4. Silt Sack: Manufacturer: ACF Environmental.
5. Verti* Pro as Manufactured by Alpine Stormwater Ivlanagement.
C. Alternate Curb Inlet Protection Devices:
1. Eco Block.
2. Straw or Excelsior Wattle (8 inch minimum diameter).
3. Filter Compost Sock: Manufacturer: Filtrexx.
4. Rock Barrier:
a. Clear Aggregate Only: 3/4 inch to 1-1/2 inch.
b. Wire mesh and filter fabric.
5. Woven Type Sandbag Barriers conform to MnDOT Spec. 3893.
2.04 WATER FOR DUST CONTROL
A. Apply water as directed by field Engineer, to prevent dust and \vind erosion.
B. Confirm water source with Public Works contact Paul Coone.
C. Do not use City hydrants without approval.
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EROSION AND SEDITvIENT CONTROL
PART 3 - EXECUTION
3.01 GEN'ERAL
A. Conform to MnDOT Spec. 2573.3:
1. Minimize the amount of disturbed land that is susceptible to erosion.
2. Install the appropriate temporary erosion and sediment structural controls
measures in accordance with approved sequence of construction. Clearing
and grubbing operations shall be so scheduled and performed, so that grading
operations and permanent erosion control features can follow immediately
thereafter.
3. The slolrface area of erodible earth material exposed at 1 time by clearing and
grubbing, by excavating, by fill, or by borrow shall not exceed 1/3 of the
Project length without written approval of the Engineer.
4. Only disturb, clear, or grade areas necessary for construction. Delineate areas
not to be disturbed:
a. Exclude vehicles and construction equipment from these areas to
preserve natural vegetation.
5. Maintain and preserve riparian and naturally vegetated buffer strips along
water courses.
3.02 INSTALLATION
A. Silt Fence: 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 constructed in separate
independent units with each unit having a length less than 600 feet. All
splices shall be avoided whenever possible:
a. If necessary, splices vvill be made at an opposing fence post and
according to the manufacturer's specifications.
B. Storm Drain Inlet Protection:
1. Storm Drain Inlet Protection shall be installed at locations determined by the
field engineer.
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EROSION AND SEDl?vlENT CONTROL
2. Storm Drain Inlet Protection shall protect against sediment entering the storm
sewer system until the bituminous base is paved, and areas stabilized.
3. The Contractor is responsible for cleaning any sediment, which may have
entered storm sewer pipes, ponds, and adj acent properties at their expense.
3.03 MAINTENAl"'JCE
A. Control dust blowing and movement on Project Site and roads, as directed by
Engineer, to prevent exposure of soil surfaces, to reduce on and off Project Site
damage, to prevent health hazards and to improve traffic safety.
B. Acceptance of Work: Conform to MnDOT Spec. 2573.3.C.
3.04 MEASUREMENT .A..1\TD PA Yl\!IENT
A. A Bid Item has been provided for Silt Fence. Measurement will be per lineal foot,
along the base of the fence from outside to outside of the end posts for each section
of fence. Payment will constitute compensation in full for all work and cost to
furnish and install material in place, and to remove.
B. A Bid Item has been provided for Storm Drain Inlet Protection. Measurement will be
per each and shall include installing, cleaning, and any other maintenance of the
device while in place.
C. No Bid Item has been provided for Water for Dust Control. 'vVater used for the
construction of the streets, dust control, or for turf establishment and maintenance
will be considered incidental to the Project.
D. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
E0i'D OF SECTION
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01570-6
EROSION AND SEDlMENT CONTROL
SECTION 01700
EXECUTION REQUIREMENTS
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Requirements for overall execution of the work and closeout of the Contract for Final
Payment.
1.02 SlJBMITTALS
A. Submit the following items consistent with the Conditions of the Contract and
Division 1 - General Requirements Sections:
1. Record Documents, Written Notification of Substantial Completion,
Executed Certificate of Substantial Completion, Written Notification of
Final Completion, Spare Parts, Operation and Maintenance Manuals,
instructions, schedules, warranties, guarantees, Bonds, certificates,
certificates of inspection, and other documents.
2. Final Application for Payment, including accompanying documentation
IC-134 Form.
PART 2 - PRODUCTS
Not Used
P.;\RT 3 - EXECUTION
3.01 EXAi\1INATION
A. Acceptance of Conditions: By commencing work, Contractor construes acceptance
of the adjacent work as satisfactory to receive subsequent work.
B. Existing Conditions: Before commencing work, inspect work completed by others
that is adjacent to work. If adjacent conditions prevent completion of work,
Contractor will not commence work until the conditions are corrected.
C. Inspect each product immediately prior to installation. Remove damaged products
from Project Site.
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EXECUT10N REQUlREMENTS
3.02 GENERAL INSTALLATION REQUIREMENTS
A. Comply with the manufacturer's instructions for installation of manufactured
products to the extent that these instructions are applicable and more explicit, or
more stringent than requirements indicated in the Contract Documents.
B. Secure work true to line and level, within recognized industry tolerances, with
anchorage devices designed and sized to withstand stresses, vibration, and rocking.
Allow for expansion and movement of building.
C. Install each element of work during weather conditions and Project status to ensure
coordination of the work. Isolate each element of work from incompatible work, as
necessary to prevent deterioration.
D. Record installation details and prepare Record Documents consistent with the
General Conditions.
3.03 PROJECT SITE MAINTENAl'fCE
A. Maintain stockpiles, excavations, access roads, and all other vvork 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.
3.04 CLEANlNG Al"-iTI PROTECTION
A. Clean and protect work in progress and adjoining vvork during handling and
installation. Apply protective covering on installed \-vork, w'here it is required to
ensure freedom from damage, or deterioration.
B. Clean and perform maintenance as frequently as necessary throughout construction
period. Adjust and lubricate operable components to ensure operability without
damage effects.
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EXECUTION REQUIREMENTS
3.05 CUTTING Al'ID PATCHING
A. Complete all cutting, fitting, and patching as necessary to join the new work to
existing conditions.
B. Remove, or cut existing work only as necessary to join the new work to the existing
construction, or as required by the Contract Documents.
C. Patch defective and incomplete surfaces caused, or exposed by work of the Project.
D. Repair any damage to existing conditions and patch to match.
E. Existing construction designated by the Contract Documents to remain that is
loosened, cracked, or otherwise damaged, or defaced beyond repair as a result of
work by the Contractor, will be considered unsuitable for the use intended, and shall
be removed and replaced by the Contractor.
3.06 CERTIFICATE OF COMPLLA1"JCE WITH MIN~tSOTA STATUTES 290.92 & 290.97
A. Upon completion of the Project, and prior to Final Payment, the Contractor and all
subcontractors shall complete Minnesota Department of Revenue Revised Form
IC-134. This form, Affidavit for Obtaining Final Settlement of Contract with the
State of Minnesota and any of its Political or Governmental Subdivisions, is to be
signed by a Department of Revenue representative and forwarded to the Owner.
Copies of this form can be obtained by writing to the Minnesota Department of
Revenue, Forms Section, Centennial Office Building, St. Paul, Minnesota 55145, or
calling (651) 297-3737.
3.07 MEAS1.JREMENT Al'\JU PAYNfENT
A. A Bid Item has been provided for Motor Grader with Operator. Measurement will be
by units of hours.
B. A Bid Item has been provided for Street Sweeper with Operator. Measurement will
be by the units of hours.
C. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
E~'D OF SECTION
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EXECUTION REQUIREMENTS
SECTION 02108
FULL DEPTH RECLAl\1ATION
PART 1 - GENERi\L
1.01 SECTION INCLUDES
A. Reclamation of the existing bituminous surfacing.
1.02 RELATED SECTIONS
A. Section 02318 - Subgrade Preparation.
1.03 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for
Construction," 2000 Edition (MnDOT Spec.):
1. 2112 - Subgrade Preparation.
1.04 SEQtJENCING AND SCHEDULING
A. Compaction of the reclaimed material by rubber-tired roller IS required
immediately following the reclamation process.
B. Subgrade preparation and tolerancing of the reclaimed material will immediately
follow the reclamation process.
C. Access to all residents is to be maintained to the best ability of the Contractor
during the reclamation and tolerancing process.
Pi\RT 2 PRODUCTS
Not Used
PART 3 - EXECUTION
3.01 G ENnR..A.L
A. Create an aggregate base course composed of the existing bituminous pavement,
bituminous curb, and existing Class 5 gravel base. Full depth of existing
bituminous pavement shall be mixed \vith 4 inches of existing Class 5 gravel base
to form aggregate base.
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FULL DEPTH RECL~'vlA TiON
3.02 PREPARATION
A. The Contractor is to provide a 48 hour notice prior to beginning the reclamation
process.
3.03 EQUIPMENT
A. Contractor to notify the Engineer of the equipment to be used at the
preconstnlction conference:
1. Equipment to be hydrostatically driven.
2. Computerized operation controls.
3. Capable of cutting up to a 12 inch depth in 1 pass.
3.04 THICKl"JESS REQUIREMENTS
A. Typical Reclaimed Section:
1. Consists of approximately 2 inches of eXlstmg bituminous mat and
bituminous curb and 5 to 6 inches of existing Class 5 gravel base.
2. Rotating cutter drum to operate parallel to the existing road surface,
providing a uniform 4 to 8 inch section across the entire roadway.
3. The reclaimed depth is anticipated to be 6 inches, however, if variations
occur the depth shall be between 4 inches and 8 inches.
3.05 MEASlJREl'v'1ENT AND PAYMENT
A. A Bid Item has been provided for Full Depth Reclamation. rvleasurement will be
by the square yard, based on the width of the existing street:
1. Payment for leveling and compaction of the material immediately after it
is reclaimed is to be included in the Bid Unit Price per square yard.
2. The Bid Unit Price is to include the motor grader and any water necessary
to maintain the street until paved.
B. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
E~1J) OF SECTION
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02108-2
FULL DEPTH REC LA:'v1 A TION
SECTION 02225
REMOVALS.
PART 1 - GEN"ERAL
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. Minnesota Department of Transportation "Standard Specifications for Constmction,"
2000 Edition (MnDOT Spec.):
1. 2104 - Removing Pavement and Miscellaneous Stmctures.
1.04 DEFIN1TIONS
A. Remove: To take away or eliminate from the Project Site by any method selected by
the Contractor, including disposal of material.
B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item
can be re~assembled, replaced, or reused in a workable condition equal to that
existing before removal.
C. Abandon: To fill, bulkhead, or close offpipes and stmctures so that no settlement or
flow can occur.
1.05 REGULATORY REQUIREMENTS
A. Conform to MnDOT Spec. 2104.3.C, with the following modifications:
1. All materials designated for removal shall be disposed of outside the Project
Site at locations to be selected by the Contractor.
2. All materials designated for salvage shall be stockpiled or temporary stored
on sites to be provided by the Contractor.
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REMOVALS
1.06 PROJECT SITE C01\TDITIONS
A. This work consists of removing the eXlstmg pavement, curb and gutter, SignS,
mailboxes, and other miscellaneous items within the Project Site.
1.07 SCHEDULING
A. Prior to starting \vork, submit for review by the Engineer and approval by the Owner,
a schedule showing the commencement, order, and completion dates of the various
parts of this work.
B. Fill holes or depressions resulting from removal or salvage immediately.
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 w'ithout damage to adjacent retained work. vVhere 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 \vorkday. 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 \vith Section 02315 - Excavation and
Fill.
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REMO\'ALS
3.02 EXAL\1INATION
A. Meet with owners of signs to determine requirements for salvage, storage, and
replacement.
B. Develop plan acceptable to Engineer and postal service for maintaining mail service.
Temporary relocations of mailboxes will be necessary.
3.03 PROTECTION
A. Take all necessary precautions to adequately protect personnel and public and private
property in the areas of work. All Project Site fencing shall be in place prior to the
start of any removal work.
B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc.
which may interfere with construction shall be removed, stored safely, and replaced.
C. Approved barriers or warning signs shall be provided as necessary.
D. Provide and maintain temporary protection of existing structures designated to
remain where removal \vork is being done, connections made, materials handled, or
equipment moved.
E. Do not close or obstruct walkways or roadways. Do not store or place materials in
passageways or other means of egress. Conduct operations with minimum traffic
interference.
F. Take reasonable precautions to limit damage to existing turf.
G. Holes or depressions created by removals shall not be left open for more than 1 day.
Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered
immediately.
H. Avoid disturbance to any material beyond the limits required for new construction.
3.04 SAvVINGPAVEMENT
A. Concrete Pavement: Saw' along the removal line to a depth of 1/3 of the thickness of
the concrete prior to breaking off the pavement.
B. Bituminous Pavement: Saw along the removal line to a minimum depth of3 inches
prior to breaking off the pavement.
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REMOVALS
3.05 REMOVE CONCRETE PAVEMENT
A. Remove in accordance with MnDOT Spec. 2104.3.B, except as modified below.
B. Sawcut concrete pavement and concrete base prior to mechanical pavement removal
equipment. Remove concrete in such a manner that the remaining pavement is not
damaged.
C. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a
vertical face on a straight line \vhich is parallel with the centerline of the trench.
3.06 REMOVE BITillvlINOUS PAVEMENT, PATH, DRIVEWAY
A. Remove in accordance with MnDOT Spec. 2104.3.B, except as modified below.
B. Savvcut bituminous pavement at the removal limits prior to that removal, unless
otherwise approved by the Engineer.
C. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a
vertical face on a straight line which is parallel with the centerline of the trench.
3.07 REMOVE CURB AND 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 construction (assumed 12 inches maximum from the
back of new \vork and 6 inches beyond the edge of new driveways).
3.08 PAVEMENT MILLING
A. Bituminous:
1. Sawcut at removal limits prior to milling process.
2. Mill bituminous surface to the depth specified as shown on the Drawings, or
as directed by the Engineer.
3. Edge mill bituminous surface 6 to 8 feet wide as specified on the Dra\vings,
or as directed by the Engineer.
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REMOVALS
3.09 REMOVE CONCRETE SURFACING
A Work includes sidewalks, pedestrian ramps, medians, and driveways.
B. Sawcut concrete surfacing prior to removal.
C. Remove concrete in such a manner that the remaining surfacing is not damaged.
D. vVhen removing existing sidewalks, the Contractor shall not disturb any material
beyond the limits required for new construction (assumed as 6 inches maximum
beyond and 8 inches maximum below existing grade).
E. When removing existing driveways, the Contractor shall not disturb any material
beyond the limits required to form for new construction (assumed 12 inches
maximum from the back of new work and 6 inches beyond the edge of new
driveways).
F. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a
vertical face on a straight line which is parallel with the centerline of the trench.
3.10 REMOVE BITlTMINOUS SlJRFACING
A Work includes pathvvays and drivevvays.
B. Sawcut bituminous surfacing to full depth at the limits of partial removal prior to that
removal, unless otherwise approved by the Engineer.
C. Remove bituminous in such a manner that the remaining surfacing is not damaged.
D. 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.
E. When removing existing pathvvays and driveways, the Contractor shall not disturb
any material beyond the limits required to form for new construction (assumed 12
inches maximum from the back of new work and 6 inches beyond the edge of new
driveways).
3.11 REMOVE MAl'\,T}{OLES Al"TI CATCHBASINS
A. Remove all sections of the structure, including the base slab.
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REMOVALS
3.12 REMOVE SECTIONS OF EXISTING PIPE
A. Pipes to be abandoned shall be bulkheaded with brick, non-shrink concrete grout 8
inches thick at the upstream and downstream ends.
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.
3.13 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 for a temporary installation or
its disposition:
a. Street identification signage shall be maintained at all times due to its
importance to the 911 Emergency Response System.
2. Remove and salvage all posts, A-frame angle brackets, stringers, as well as
the nuts, bolts, and washers.
3. Exercise reasonable care against damage to in-place signs during storage and
installation.
4. Remove signs damaged during construction and replace \vith new signs.
B. Mailboxes:
1. Remove and salvage existing mailboxes that interfere with the work or whose
access is restricted by the construction activities.
2. Place at temporary locations as directed by Engineer, or as shown on
Dra-vvings.
3. Removal, temporary re-installation, and replacement shall occur such that
mail delivery is not intemlpted.
4. Reinstall in locations as shown on Drawings or as directed by Engineer.
5. Mailboxes, posts, and appurtenances damaged during construction shall be
replaced with new at no charge to Owner.
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REMOVALS
C. Fences:
1. Salvage and store fence and post material where they are in conflict with the.
work.
2. After completion of work, reinstall fence to the condition existing prior to
removal.
3. Install temporary snow fence or similar barrier at the end ofthe working day
while the permanent fence is removed.
3.14 FIELD QUALITY CONTROL
A. Salvaged items to be reinstalled shall be of the same shape, dimension, location, and
quality of the original item prior to construction.
B. Items damaged during removal, or salvaging operations shall be replaced vvith new
material of equal type and quality of the damaged item when it was new.
3.15 DISPOSING OF MATERIAL
A. Dispose of all materials outside of the Project Site at disposal site selected by
Contractor, in compliance with state and local regulations. Burying of material and
debris is not allowed within the Project Site.
3.16 MEASUREMENT Al"Jl) PAYMENT
A. Bid Items have been provided for Removal Items. Payment at the Bid Unit Price will
be considered compensation in full for all \vork 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. Saw Bituminous Pavement: Per lineal foot along the saw cut line as staked.
Sawing Bituminous Driveway Pavement is incidental and shall be included in
the Remove Bituminous Driveway Pavement Bid Item.
2. Remove Bituminous Pavement: Per square yard of bituminous pavement
removed, regardless of thickness.
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REMOVALS
3. Remove Bituminous Driveway Pavement: Per square yard, without regard to
thickness, including integral bituminous curb.
4. Remove Concrete Driveway Pavement: Per square yard, without regard to
thickness.
5. Remove Concrete Curb and Gutter: Per lineal foot of the type specified.
7. Remove Storm Structure: Per each.
8. Remove Storm Sewer Pipe: Per lineal foot, regardless of size or type,
measured from center of junction fittings, catch basins, or manholes, and will
include the length of any aprons.
9. Remove Water Main: Per lineal foot, regardless oftype or size.
10. Remove Fence: Per lineal foot of the type specified.
11. Remove Bituminous Pavement: per square yard.
C. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
E:N'D OF SECTION
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REMOVALS
SECTION 02280
ADJUST MISCELLA1'ffiOUS STRUCTURES
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Adjustment of utility structures.
1.02 RELATED SECTIONS
A. Section 02510 - Water Main.
B. . Section 02630 - Storm Drainage.
C. 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. A240 - Specification for Heat - Resisting Chromium - Nickel Stainless Steel
Plate Sheet and Strip for Pressure Vessels.
3. C6 - Specification for Normal Finishing Hydrating Lime (Mortar).
4. C141 - Specification for Hydraulic Hydrated Lime for Structural Purposes
(Mortar).
5. C 150 - Specification for Portland Cement (Concrete Rings!JVlortar).
6. C923 - Specification for Resilient Connectors Bet\veen Reinforced Concrete
Manhole Structures, Pipes, and Materials.
7. F593 - Specification for Stainless Steel Bolts, Hex Cap Screw's, and Studs.
8. F594 - Specification for Stainless Steel Nuts.
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ADJUST MISCELLANEOUS STRUCTURES
B. Minnesota Department of Transportation "Standard Specifications for Construction,"
2000 Edition (rvlnDOT Spec.):
1. 2506 - Manholes and Catch Basins.
2. 3733 - Geotextiles.
1.04 DEFINITIONS
A. Remove and Replace Casting: The process of removing the existing casting from an
existing structure and placing a new casting on manholes and catch basins.
B. Adjust Frame and Ring Casting: A change in rim elevation accomplished for
manholes or catch basins through the addition or removal of adjustment rings only.
Adjustment does not include the addition or removal of sections from the structure.
C. Adjust Valve Box: A change in elevation of the top of the valve box accomplished
through the raising or lowering of the existing top section of the valve box only.
Adjustment does not include the addition orremoval of sections from the valve box.
D. Remove and Replace Adjustment Rings: The process of removing the existing
concrete adjustment rings from an existing structure and placing new rings on
manholes and catch basins.
1.05 SEQlJENCING AND SCHED1JLING
A. Contractor, Engineer, and Owner shall inspect all existing structures pnor to
beginning construction.
B. Owner will remove any foreign material found in the existing structures prior to
construction. Contractor is responsible for removing any foreign material that enters
the structures during construction.
PART 2 - PRODUCTS
2.01 ADJUSTING RING
A. Concrete:
1. Size to match cone or opening in top slab.
2. Concrete Compressive Strength: Minimum 3000 psi.
3. Reinforcing: Single hoop 8 gauge steel wire.
4. Thickness: Minimum 2 inches, maximum 4 inches.
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ADJUST (I,!lSCELLANEOUS STRUCTURES
2.02 ADHESION MATERIALS
A. Ram-Nek material, or approved equal.
B. Mortar:
1. Standard Portland Cement: Type I, ASTM C1S0.
2. Normal Finishing Hydrated Lime: ASTM C6.
3. Hydraulic Hydrated Lime for Structural Purposes: ASTM C141.
4. Mix Proportions: 1 part cement to 3 parts mortar sand; lime may be added to
mixture: maximum amount 15 percent by volume.
2.03 HYDRA1'\JT EXTENSIONS
A. Sections: Match existing hydrant manufacturer and model.
2.04 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: l\'EENAH R1642, Type "B" Lid, or approved equal, for
sanitary and storm seVier manholes, and :NeENAH R3067, TYVe "V" Grate,
or approved equal, for storm sewer catch basin manholes and catch basins.
Covers without grate openings stamped with "SANITARY SEWER," or
"STORivI SEWER" as appropriate. Use 2 inch letters.
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ADJUST MISCELL\NEOUS STRUCTURES
PART 3 - EXECUTION
3.01 GENERAL
A. The necessary vertical alignment will be determined by the Engineer and generally as
indicated on the schedule of adjustments.
B. "Nhere existing frame is within 0.10 feet of grade, no adjustment is to be made,
unless the structure is in the street.
C. The frame shall be raised or lowered to match the street or gutter.
D. Protect existing structures from damage.
E. Prevent sand, concrete, or any other debris from entering the structures.
3.02 PREPARATION
A. Call utility owners to field mark their utility locations.
B. Contractor to verify exact location of existing utilities.
3.03 ADJUST FRA.lvIE Al~1) RING CASTING
A. Remove all dirt, debris, dust, and other deleterious material from surface prior to
placement of first adjusting ring.
B. Concrete Adjusting Ring:
1. Mortar on top and bottom surfaces of all concrete adjusting rings; betvveen
surface of top slab or cone and bottom ring; betvveen 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.
..,
:Y.
Required cross slope of casting to be achieved by varying thickness of mortar.
4.
Do not plaster the inside surface of rings.
5.
Wipe clean all excess mortar from the joints inside all rings and frame.
6.
Remove all mortar spills from the structure.
7
I.
Minimum of2, maximum of 5 adjusting rings allo\ved.
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ADJUST MISCELL\NEOUS STRUCTURES
8. Use a 6 inch ring where applicable.
3.04 REMOVE Al"JD REPLACE CASTING
A. Remove and dispose of frame and casting as indicated on the Drawings.
B. Place new adjustment rings conforming to Paragraph 3.03 - Adjust Frame and Ring
Casting.
C. Install new frame and casting.
D. Patch road to match existing pavement section.
E. Dispose of removed material off the Project Site.
3.05 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 ofthe bituminous surfacing at the Contractor's
expense.
B. Secure manholes and stmctures inm1ediately after completion or before suspension of
operations at the end of working day with castings or suitable alternative device,
C. Adjust Manholes and Catch Basin Frames 1/8 inch to 3/8 inch below grade prior to
placing the final wear course. Thorough tamping ofthe material around manhole and
catch basin frames is required. INhere existing frame is within 0.10 feet of grade no
adjustment is to be made, unless the frame is in the street. In such cases the crown or
gutter shall be either lo\vered or raised, as the case may be, to put the street and frame -
at the same grade.
D. Adjusted frame upward with standard concrete adjustment rings of the 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 dow'nward by removing the necessary number of adjustment rings from
the structure and resetting the frame in a full mortar bed to grade.
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ADJUST MISCELLANEOUS STRUCTURES
F. Regardless of the direction of adjustment, no shims of any material will be allowed.
The minimum thickness of all mortar joints shall be at least 1/4 inch with a maximum
allowable thickness of 1/2 inch. All excess mortar from the joint shall be wiped clean
from the inside of all rings and frame. All manhole castings must be replaced prior to
the placing of the final wear course.
G. Adjust valve boxes to 1/8 inch to 3/8 inch below grade prior to placing the final wear
course. Thorough tamping of the material around the valve box is required. All
valve boxes are the sectional screw-threaded adjustable type.
3.06 METHOD OF MEASlJREMENT Ai~"D PAThIENT
A. Bid Items have been provided for various adjustments. Payment at the Bid Unit Price
for all items is considered compensation in full for all materials and \vork required to
furnish and install the Bid Item in place.
B. Remove and Install New Casting (For Each Type Specified): Measurement will be
by each type of frame removed and replaced.
C. Adjust Frame Ring and Casting: Measurement will be by each.
D. All other \'lork and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
EN"D OF SECTION
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ADJUST MISCELLANEOUS STRUCTURES
SECTION 02315
EXCA V A TION A..i'ID FILL
PART 1 - GENERi\L
1.01 SECTION INCLUDES
A. Excavation and fill for roadways and other areas.
1.02 RELATED SECTIONS
A. Section 02225 - Removals.
B. Section 02318 - Subgrade Preparation.
C. Section 02320 - Trench Excavation and Backfill.
1.03 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for
Construction,;' 2000 Edition (MnDOT Spec.):
1. 2105 - Excavation and Embankment.
2. 3149 - Granular Material.
1.04 SD13MITTALS
A. Submit the Following Items:
1. Gradation tests for borrow materials.
1.05 DEFINITIONS
A. The definitions of the different classifications of excavation and borrow material
shall conform to MnDOT Spec. 2105.2, or as moditled herein:
1. Grading Grade: Bottom of the aggregate base as shown on the Drawings.
') Common Excavation: Will include all excavation below the grading
grade. Other excavations directed by the Engineer, such as subgrade
excavation, shall be included as common excavation.
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EXCAVATION AND FILL
1.06 QUALITY ASSURAl"TCE
A. Assist testing laboratory by excavating for density tests. Assist testing laboratory
with obtaining material samples.
1.07 SEQUENCING AJ.'ID SCHEDULING
A. Perform excavation as soon as possible after water construction.
B. Complete subgrade for streets, driveways, walks, and parking lots immediately
after trench backfill and compaction.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Select Granular Borrow:
1. Conform to MnDOT Spec. 3149.2.B2.
B. Salvaged Aggregate:
1. Conform to MnDOT Spec. 3149.2.C.
PART 3 - EXECUTION
3.01 GENERl\L
A. Conform to MnDOT Spec. 2105.3A, or modified herein:
1. Establish traffic control prior to excavations.
2. Establish the specified erosion control devices according to Section 01570
- 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.
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EXCA VA nON AND FILL
3.02 PREPARATION OF EMBl\l~1Z.L\tlENT
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 performed prior to the placement of the embankment or fill material.
2. \-Vhere embankment is to be constructed over swamp, marsh, or other
locations where the foundation material is unstable, the foundation shall
be excavated to remove all or part of the unstable material.
3.03 EXCAVATION OPERATIONS
A. Conform to MnDOT Spec. 2105.3C, or as modified herein:
1. Perform excavations to the alignment, cross section, and grade as shown
on the Drawings and staked by the Engineer.
2. Excavation of unstable material below grade shall be done under the
direction of the Engineer as the subsurface conditions are disclosed.
3. Remove muck excavation material by utilizing a backhoe, so as to
minimize disruption to the bottom of the excavation.
4. No solid rock vvill be allowed within 12 inches of the subgrade.
5. Cut, fill, and grade Project Site to elevations and contours shown on the
Drawings with allowances for pavements, topsoil, and structures.
6. Grading temporary swale for drainage shall consist of excavating material
to specified elevation by engineer. All soils generated from excavation
shall be stored on regional pond site.
3.04 DISPOSITION OF EXCAVATED MATERIAL
A. Conform to ~!lnDOT Spec. 2105 .3D, or as modified herein:
1. Strip topsoil consistent with Section 02230 - Site Clearing.
2. No disposition of bituminous millings will be permitted, unless thoroughly
mixed with other Project Site materials.
3.05 PLACING EMBA:0.TK:.\;IENTS
A. Conform to MnDOT Spec. 2105.3E, or as modified herein:
1. Topsoil placement shall conform to Section 02920 - Lawns and Grasses.
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EXCAVATION AND FILL
3.06 COMPACTING EMBANKl\;lENTS
A. Conform to MnDOT Spec. 2105 .3F, or as modified herein:
1. Compaction required for embankment materials shall conform to the
Specified Density Method with the testing location and rates being
determined by the Engineer.
3.07 FINISH OPERATIONS
A. Conform to MnDOT Spec. 2105 .3G, or as modified herein:
1. Finish grading of sub grade prior to placement of an aggregate base course
shall conform to the following tolerances:
a. Not vary by more than 0.05 feet above or below the prescribed
elevation at any point where a measurement is made.
2. Finish grading of select granular borrow for sub grade prior to placement
of an aggregate base course shall conform to the follo\ving tolerances:
a. Not vary by more than 0.1 0 feet above or below the prescribed
elevation at any point where a measurement is made.
b. Sub grade to be completed and approved by the Engineer prior to
installation of select granular borro\v.
3. Grading of the soils beneath the proposed topsoil shall be revie\ved and
approved by the Engineer prior to the start of the topsoil placement.
3.08 MEAS1JREMENT Af-,1) PAYNIENT
A. Bid Items have been provided for Various Excavation Materials, Borrow
Materials, and Salvage Materials. Measurement and payment shall be at the Bid
Unit Price, consistent with MnDOT Spec. 2105.4 and 5, except as modified in the
following.
B. Payment for Common Excavation (P) at the Bid Unit Price shall be compensation
in full for removal of material, hauling, disposal, placement in an embankment,
compaction, disking, harrowing, blading, grading, shaping, preparation of
sub grade, and all miscellaneous items associated \'lith the work. The basis of
payment for Common Excavation items shall be by planned quantity of material
to constmct the street section in accordance \vith the plan.
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EXCA VA TION AND FILL
C. A Bid Item has been provided for Select Granular Borrow (CV). Select Granular
Borrow shall be paid for by the number of c.y. compacted in place and calculated
from design widths, depths, and lengths. If the material is furnished by the
Contractor, it must meet all material requirements, and payment shall include
furnishing, placing, compacting, and shaping the material and all miscellaneous
items associated with the work.
D. A Bid Item has been provided for Swale Excavation. Measurement shall be by
lump sum. Payment shall be considered compensation in full for all time and
materials required for this work.
D. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
EN'D OF SECTION
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02315-5
EXCA VA TION AND FILL
SECTION 02318
SlJBGRADE PREPARATION
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Grading, shaping, and compacting sub grade prior to placing a base or surface
course.
1.02 RELATED SECTIONS
A. Section 02315 - Excavation and Fill.
1.03 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for
Construction," 2000 Edition, (MnDOT Spec.):
1. 2105 - Excavation and Embankment.
2. 2111 - Test Rolling.
3. 2112 - Subgrade Preparation.
1.04 SEQUENCING Al'ID SCHEDULING
A. Subgrade preparation shall be performed prior to placement of the select granular
barrow or aggregate base material.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3.01 GEN'ERAL
A. Sub grade preparations shall be performed to produce the required density, grade,
and cross-section.
B. There will be approximately 6-7 inches of existing Class 5 under the interim
bituminous mat in the prior to final paving. The reclaimed material is expected to
produce approximately 2 inches of additional gravel base. The final section shall
include 8 inch of Class 5. Removal of excess or addition of Class 5 aggregate may
be required to meet Section requirements.
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02318-1
SUBGRADE PREPARA TIOM
3.02 PREPARATION
A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 2111, or as
modified herein:
1. The equipment used for test rolling shall be a Tandom Truck with a gross
weight of 45,000 pounds.
2. The road bed will be considered unstable if yielding and rutting is greater
than 1-1/2 inch.
3.03 COMPACTION
A. Conform to MnDOT Spec. 2105.3Fl, or as modified herein:
1. For the Specified Density Method, the Engineer will sample and test the
soils to determine the Maximum Density and Optimum Moisture.
2. Density and moisture tests will be taken on the compacted subgrade at the
location and testing rates designated by the Engineer. Nuclear density
testing shall be considered an approved method.
3.04 FINISH OPERATIONS
A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3G, or as modified
below:
1. Not vary by more than 0.05 feet above or below the prescribed elevation at
any 1 point where a measurement is made.
3.05 MEASlJRErv'1ENT A.l\1) PAYMENT
A. A Bid Item has been provided for Subgrade Preparation. Measurement shall be
by the units of square yards and shall be based on a width between the front edge
of the curb and gutter:
1. Payment at the Bid Unit Price shall include all costs related to performing
the work in accordance with these Specifications, including shaping,
grading, compacting, tolerancing, and test rolling.
2. Payment will be made once per square yard for the entire Project duration.
3. Payment at the Bid Unit Price shall include all costs related to moving any
excess material around the Project Site, to be used on the Project.
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SlTBGRADE PREPAR.A. TION
B. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
EJ\TD OF SECTION
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02318-3
SlTBG~"..DE PREPA~'\ TION
SECTION 02320
TRENCH EXCA V A nON AL'ID BACKFILL
PART 1- GENERAL
1.01 SECTION INCLUDES
A. Trenching requirements for underground pIpmg and appurtenances, including
requirements for excavation, backfill, and compaction.
1.02 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for
Construction," 2000 Edition (MnDOT Spec.):
1. 2105 - Excavation and Embankment.
2. 3149 - Granular Material.
B. American Society of Testing Materials (ASTM):
1. D2321 - Recommended Practice for Underground 1'1stallation of Flexible
Thermoplastic Sewer Pipe.
2. D698 - Test Method for Laboratory Compaction Characteristics for Soil
Using Standard Effort (12,400 ft-Ibflft).
C. American Water Association (A WW 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.
1.03 SUBMITTALS
A. Provide the Following Submittals:
1. Product Data:
a. Each Borrow Material:
1) Name and location of source.
2) Results of gradation tests.
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TRENCH EXCAVATION
AND BACKFILL
1.04 DEFINITIONS
A. Bedding: The soil material adjacent to the pipe which makes contact with the
pipe foundation, walls of the trench, and upper level of backfill. The purpose of
bedding is to secure the pipe to true line and grade, and to provide structural
support to the pipe barrel.
B. Foundation: Soil material beneath the pipe bedding.
C. Improved Pipe Foundation: Foundation provided by importing material from
sources outside the Project Site. Required when foundation is soft, or unstable.
D. Course Filter Aggregate: Free draining mineral product used around draintile
pIpe.
E. Rock Excavation: Includes such rocks as are not decomposed, weathered, or
shattered, and which \vill require blasting, barring, wedging, or use of air tools for
removal. Also included are any boulders, concrete, or masonry structure (except
concrete pavement, curb and gutter, and sidewalk) exceeding 1 cubic yard.
F. Pipe Zone: That part of the trench belovl a distance of 1 foot above the top of the
pIpe.
G. Sand Cushion: Aggregate bedding material used around pipe in areas \vhere rock
excavation is encountered, where pipe insulation is used, and when crossing
existing utilities.
1.05 SEQUENCING Al~1) SCHEDULING
A. Known existing underground utilities are shown on the Draw'ings in a general
way. Owner does not guarantee the locations as show'n on the Drawings.
Contractor shall anticipate variations in both the vertical and horizontal locations
of underground utility lines from those shown on the Drawings.
B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in
advance of construction to permit adjustments in the work. Determine location of
existing utilities and identify conflicts before excavating trench for pipe
installation.
C. Notify Gopher State One Call before starting construction 111 a gIven area,
requesting utility locations in the field.
D. Provide continuance of flow of existing sewer and other facilities.
E. Backfill and compact all trench excavations promptly after the pipe is laid.
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TRENCH EXCA VA TION
AND BACKFILL
1.06 W ARRAi"JTY
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. Polyvinyl Chloride (PVC) Pipe and High Density Polyethylene (HDPE) Pipe:
1. Comply with MnDOT Spec. 3149.2.B 1 for granular borrow:
a. No Project Site granular material encountered during constmction
may be used.
b. Aggregate Size: 1 inch maximum.
B. Ductile Iron Pipe (DIP) and Reinforced Concrete Pipe (RCP):
1. Class C-1 Bedding:
a. Undisturbed soil.
2.02 ITv1PROVED PIPE FO~'DATION 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.
2.03 COARSE FILTER AGGREGATE MATERIAL
A. Comply with MnDOT Spec. 3149.2H.
2.04 SA1"-il) CUSHION MATERIAL
A. Comply with MnDOT Spec. 3l49.2.B1 for Granular Borrovv:
1. No Project Site granular material encountered during constmction may be
used.
) Aggregate Size: 1 inch maximum.
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TRENCH EXCA VA TION
AND BACKFILL
2.05 BACKFILL MATERiAL
A. Suitable materials selected from the excavated materials to the extent available
and practical.
B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches,
debris, frozen soil, oversize stone, concrete and bituminous chunks, and other
similar unsuitable material.
PART 3 - EXECUTION
3.01 EXAlvIINATION
A. Prior to construction, inspect existing utility structures and surface features, and
document condition.
B. Re-inspect foundation soils if rain fall or snow has occurred after initial
inspection, but prior to placing pipe and bedding.
3.02 PREPARATION
A. Notify Utility Owners to field mark their utility locations.
B. Protect as necessary surface features such as utility poles, trees, structures,
pavement, etc. that are not designated on the Drawings to be removed.
C. Notify utility companies of progress schedule so they can accomplish any
necessary relocations and removals that they have agreed to relocate, remove, or
support.
D. Implement traffic control.
E. Complete temporary removal or relocation of surface features, such as fences,
shrubs, signs, and mailboxes.
F. Strip off existing topsoil from within the trench excavation limits and stockpile.
Separate vegetative strippings from salvageable topsoil and dispose of
appropriately.
G. Crossing Under Existing Utility Lines:
1. Use extreme care when excavating in the vicinity of underground utility
lines to avoid damage to protective coatings, or surfaces.
2. Where possible and as authorized by the utility, temporarily remove the
utility line, install the new pipe, and reinstall the utility line.
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TRENCH EXCA VA TION
AND BACKFILL
3. "Nhere 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 shO\,vn on the Drawings.
2. The trench width at the surface may vary and depends on the depth of
trench and nature of the excavated material encountered. However, it
shall be of ample width to permit the pipe to be laid and jointed properly
and the backfill to be placed and compacted properly.
3. Correct any part of the trench that is inadvertently excavated below grade
with approved material compacted to 100 Percent Standard Proctor
Density.
4. Brace, shore, or sheet trench and provide drainage. Comply with
applicable State Regulations relating to industrial safety to a safe angle of
repose. Angle of repose may be no less than that required by the Accident
Prevention Division of the State Industrial Commission or the
requirements of the Occupational Safety and Health Act (OSHA),
whichever is most restrictive.
5. Pile all excavated material in a manner that will not endanger the work, or
obstruct sidewalks, driveways, gutters, etc.
6. Segregate soils in the excavated material that are not suitable for trench
backfill and dispose of in a manner that is consistent \vith the requirements
specified herein under "Backfill Above Pipe Zone."
7. Dispose of excess excavated materials off of right-of-'vvays and easements
in a suitable site selected by the Contractor.
8. Haul materials, other than natural soil materials that are suitable as backfill
material, to an approved landfill as directed by the Engineer.
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02320-5
TRENCH EXCAVATION
AND BACKFILL
B. Water Control:
1. Dewater the ground as necessary to excavate the trench and install the
pipe. All pipe and structures shall be laid in a dry condition prior to
backfill. Maintain groundwater level a minimum of 1 foot below' the pipe
invert. Measure the rate of flo\v from dewatering pumps at the beginning
of the de\vatering operation(s) and once per week there after. Keep a daily
log of hours pumped.
C. Trench Bottom:
1. Excavate to a sufficient depth to insure adequate foundation when the
bottom of the trench is soft, or where in the opinion of the Engineer
unsatisfactory foundation conditions exist. Bring excavation up to pipe
grade with thoroughly compacted granular materials meeting the
requirements of Improved Pipe Foundation Material.
2. Provide temporary support, remove, relocate, or reconstruct eXlstll1g
utilities located within the trench excavation. Utility shall designate
method employed. Use particular care and provide compacted fill, or
other stable support for utility crossings to prevent detrimental
displacement, rupture, or failure.
3. Excavate to expose existing utilities that cross in close proximity to the
planned pipe line to determine the utilities' exact location sufficiently
ahead of pipe installation to plan for the avoidance of grade conflict.
Measure to determine the utilities' location relative to the planned pipe line
location. A deviation from the alignment, grade, and location to avoid
conflict may be ordered by the Engineer.
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 Paragraph 2.0S.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
\vithin the trench, above the invert elevation, and replacement up to
the surface \vith appropriate backfill material. No additional
compensation will be allowed for wider or deeper trenches in rock
excavations.
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TRENCH EXCAVATION
AND BACKFILL
c. For PVC and HDPE Pipe, the sand cushion shall be placed to 1
foot above the pipe, and shall be paid as pipe bedding. The
remainder of the trench up to the top of the rock shall be backfilled
with granular backfill material.
5. Improved Pipe Foundation: When 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. Polyvinyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM D2321.
B. Reinforced Concrete Pipe: Bed pipe in accordance with Class C-1 Bedding.
C. Ductile Iron Pipe: Bed pipe in accordance with A WW A Standard C 150 and
C151.
D. High Density Polyethylene (HDPE) Profile vVall Pipe: Bed pipe in accordance
with ASTM D2321.
E. 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.
F. Dig bell holes of ample dimension at each joint such that the pipe barrel rests
continuously on the bedding.
3.05 BACKFILL vVITHIN 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 uniform layers not exceeding 4
inches in depth.
3.06 BACKFILL ABOVE PIPE ZO:Nt:
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.
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TRENCH EXCA VA TION
AND BACKFILL
C. Compact each layer by mechanical means until it meets the requirements of
MnDOT Spec. 2105.3Fl "Specified Density Method." Trenches shall be
compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet.
If the moisture content of the backfill materials is greater than 3 percent above the
optimum moisture, compact the materials to a minimum density of
3 pounds/cubic foot less than the Standard Proctor Curve at that moisture content,
except that minimum compaction shall be 85 Percent of Standard Proctor Density.
D. The method and means of placement and type of compaction equipment used is at
the discretion of the Contractor. Ho\vever, all portions of the trench backfill must
meet minimum specified compaction requirements.
E. Any deficiency in quantity of backfill material (caused by shrinkage, or
settlement) shall be supplied at no additional cost to the Owner.
F. Excavated material not suitable or required for backfill shall be disposed of
outside of the Project Site.
3.07 RESTRICTED TRENCH WIDTH
A. Restrict width of trench to confoffi1 to constmction limits indicated on the
Drawings and where directed by the Engineer to prevent damage to specimen
trees or adj acent structures.
3.08 FIELD QUALITY CONTROL
A. Density Tests: To be performed by an approved soils testing firm at various
locations and depths throughout the Project Site as directed by the Engineer. The
Contractor shall cooperate fully and provide assistance as necessary to complete
these tests.
B. Failed density test areas shall be excavated and re-compacted until the density
requirements are met.
3.09 MEASUREMENT Al'-i'D 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.
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TRENCH EXCA VA T10N
AND B.'\CKFILL
C. Improved Pipe Foundation: At the Bid Unit Price per lineal foot for each 6 inch
layer placed below pipe bedding:
1. For example, if 2 feet of foundation material is required under a pipe
installed with C-2 bedding; 6 inches of material is required for Class C-2
bedding and payment will be made for 3 lineal feet of pipe foundation
material, 6 inches deep, per foot of pipe installed.
2. No payment vvill be made without the knowledge, or consent of the
Engineer.
3. No payment will be made for subgrade rock installed for de-watering
purposes only, unless specified.
D. Temporary Bracing and Sheeting: Considered part of the excavation costs with
no additional compensation to Contractor, unless provided for otherwise.
E. Density Tests:
1. Passing Tests: All costs paid by Owner.
2. Failing Tests: All costs charged to and paid by the Contractor.
F. Dewatering: No explicit, direct payment is made for this work. Include the costs
in the Bid Unit Prices for the pipe, or structure installed.
G. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
El\TD OF SECTION
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02320-9
TRENCH EXCAVATION
AND BACKFILL
SECTION 02341
GEOTEXTILE SOIL STABILIZATION
PART 1- GENERi\L
1.01 SECTION INCLlTDES
A. Geotextile fabric used for street construction.
1.02 RELATED SECTIONS
A. Section 02315 - Excavation and Fill.
B. Section 02318 - Subgrade Preparation.
1.03 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for
Construction," 2000 Edition (MnDOT Spec.):
1. 3733 - Geotextiles.
1.04 SUBMITTALS
A. Manufacturer's Certificate of Compliance which shall include the follo\ving
information:
1. Full product name by trademark and style number.
2. Geotextile polymer type(s).
3. Geotextile physical properties.
B. Samples of the geotextile:
1. The geotextile machine direction shall be marked on each sample
submitted for testing.
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02341-1
GEOTEXTILE SOIL STABILIZATION
PART 2 - PRODUCTS
2.01 GEOTEXTILE FABRIC
A. Conform to the requirements of1\tlnDOT Spec. 3733, Type Y, except as modified
below:
1. Minimum Fabric 'Weight: Type Y 4.5 oz/sy.
PART 3 -EXECUTION
3.01 PREPARATION
A. Excavation: Conform to Section 02315 - Excavation and Fill.
B. Subgrade Preparation: Conform to the requirements of Section 02318 - Sub grade
Preparation:
1. Subgrade shall be toleranced and approved before geotextile placement.
3.02 INSTALLATION
A. The geotextile shall be placed immediately ahead of the covering operation:
1. No geotextiles shall be left exposed to sunlight during installation for a
total of more than 7 calendar days.
2. The geotextile shall be laid smooth without excessive wrinkles.
3. The geotextile shall not be dragged through mud or over sharp objects
which could damage the geotextile.
B. All adjoining sections of the geotextile shall be overlapped a mllllmum of 18
inches or sewn using mechanical machine.
C. Secure fabric in place by means of stone weights to prevent displacement.
D. If geotextile is tom or punctured, the damaged area shall be repaired or replaced:
1. The patch shall overlap the existing geotextile a minimum of 3 feet from
the edge of any part of the damaged area.
E. Use fabric type (woven or non-woven) as specified that corresponds to typical
section shown in the Drawings.
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GEOTEXTILE SOIL STABILIZATION
3.03 FILL PLACEMENT
A. Only granular spreading methods that will not tear the fabric shall be used.
B. Granular borrow shall not be dropped on the fabric from a height greater than 3
feet:
1. Minimum of 8 inches of granular borrow, must be placed on the geotextile
prior to the movement of construction equipment:
a. Turning movement must be carefully monitored.
2. Tracked or wheeled equipment shall not be permitted to drive directly on
the fabric.
3. iilly ruts occurring during constnlction shall be filled with additional
granular borro\v and compacted to the specified density.
C. Compaction of first lift above the geotextile shall be limited to routing of
placement and spreading equipment only. No vibratory compaction will be
allo\ved on the first lift.
3.04 MEASUREMENT AND PAYNfENT
A. Bid Items have been provided for Geotextile Fabric, Type V, both \voven and
non-woven. Measurement will be based upon units of square yards of actual
surface area covered by geotextile fabric. Payment at the Bid Unit Price shall
include all materials, installation, and protection of installed geotextile fabric as
specified. The required overlap joint or joint sewing shall be incidental to this
fabric item, with no direct payment being made.
B. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
ENTI OF SECTION
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02341-3
GEOTEXTILE SOlL STABILIZATION
SECTION 02510
WATER MAIN
PART 1- GENERAL
1.01 SECTION INCLUDES
A. vVater main pipe, hydrants, valves, fittings, and miscellaneous appurtenances.
1.02 RELATED SECTIONS
A. Section 02280 - Adjust Miscellaneous Structures.
B. Section 02315 - Excavation and Fill.
C. Section 02320 Trench Excavation and Backfill.
1.03 REFERENCES
A. American Water Works Association (A vVWA):
1. CI04 - American National Standard for Cement Mortar Lining for
Ductile-Iron Pipe and Fittings for Water.
2. C 1 05 - American National Standard for Polyethylene Encasement for
Ductile-Iron Pipe Systems.
3. Clll - 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. C504 - A WW A Standard for Rubber-Seated Butterfly Valves.
7. C509 - A\VVVA Standard for Resilient-Seated Gate Valves for vVater
Supply Service.
8. C600 - A V/vVA Standard for Installation of Ductile-Iron Water Main and
Their Appurtenances.
9. C651 - A WW A Standard for Disinfecting Water Mains.
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02510-1
WATER MAIN
B. American Society of Testing and Materials (ASTM):
1. A48 - Gray Iron Castings.
2. A126 - Gray Iron Castings for Valves, Flanges, and Pipe Fittings.
3. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron
Pipe for Water or Other Liquids.
4. D2842 - Standard Test Method for Water Absorption of Rigid Cellular
Plastics.
C. Minnesota Department of Transportation "Standard Specifications for
Construction," 2000 Edition (MnDOT Spec.):
1. 3760 - Insulation Board (PolystYTene).
D. National Electrical Ivlanufacturers Association (NEMA):
1. WC 70 - Non-Shielded Po\ver Cables Rated 2000 Volt or Less for the
Distribution of Electrical Energy.
1.04 SEQlJENCING A.'ND 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 m
advance of shut down.
C. The O\vner 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.
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02510-2
\VA TER MArN
PART 2 - PRODUCTS
2.01 DUCTILE IRON PIPE Ai'ID FITTINGS (DIP)
A. General Requirement: AWWA C151/A21.51.
B. Cement-mortar lining conforming to A WW A C 104/A21.4.
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
C111/ 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 H'rlJRA.l"-TT
A. General Requirements: A WWA Standard C-502.
B. Specified Hydrant: WB-67-250, or approved equal.
C. Approved Manufacturer: Waterous Pacer, or approved equal.
D. Two (2) - 2-1/2 inch hose connections.
E. One (1) - 4-1/2 inch steamer.
F. National standard operating nut.
G. 5 inch valve opening.
H. 6 inch mechanical joint pipe connection.
1. Break-off flange with breakable rod coupling.
J. 8 feet - 0 inch cover.
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02510-3
WA TER MAIN
K. 16 inches high traffic section.
L. Nozzle caps attached to hydrant with metal chains.
M. Stainless steel hardware.
N. Fiberglass Flag: Hydrafinder Hydrant Marker, or approved equal:
1. White fiberglass rod with 4 red reflective bands without a bulb end.
2. 54 inches long, 3/8 inch diameter.
O. Hydrants placed where the ground \vater table is less than 8 feet below the ground
surface shall have the drain holes plugged and shall be equipped \vith a tag stating
the need for pumping after use.
P. Color: Painted Waterous Enamel #V18l4-R at the place of manufacture.
Q. After installation and testing is complete, the "field coat" of paint shall be app lied
with a bmsh.
2.03 GATE VALVE fu~1) BOX
A. General Requirement: A W'vV A C509.
B. Bronze mounted, iron body valves.
C. O-ring seals.
D. Non-rising stem, opening by tuming counter clockwise, 2 inch square operating
nut.
E. Mechanical joint ends conforming to A WW A Clll/ A2l.ll.
F. Stainless steel hardware.
G. Spray exterior nuts and bolts and megalugs usmg a bituminous coal tar, as
supplied by the manufacturer.
H. Wrap gate valves according to Paragraph 2.07 - Pipe Encasement.
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WATER MAIN
1. Valve Boxes:
1. 3 piece, cast iron, screw-type.
2. Adjustable for 7-1/2 foot depth of cover.
3. Valve and box considered as integral units.
4. 5-1/4 inch diameter shafts.
5. "Stay put" type drop covers, "YVATER" on top with extended skirts.
2.04 BUTTERFLY VAL VE A~rn BOX
A. General Requirement: A YVV/ A C504.
B. Mechanical joint valve ends conforming to A WWA C 111/ A21.11.
C. A WW A C504 Class 150B valve shaft diameter.
D. Valve Body: High strength cast iron conforming to ASTM A126, Class B.
E. Valve Vane: High-strength cast iron conforming to ASTM A48, Class 40, mbber
seat mechanically secured with an integral 18-8 stainless steel clamp ring and
18-8 stainless steel self-locked screws.
F. a-Ring seal.
G. Stainless steel hard\vare.
H. Spray exterior nuts and bolts and megalugs usmg a bituminous coal tar as
supplied by the manufacturer.
1. Wrap butterfly valve according to Paragraph 2.07 - Pipe Encasement.
J. Operator:
1. Traveling nut type sealed, gasketed, and lubricated for underground
servIce.
2. Open counter clockwise.
3. 2 inch square operating nut.
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WATER MAIN
K. Valve Box:
1. 3 piece, cast iron, screw-type.
2. Valves and boxes to be considered integral units.
3. 5-1/4 inch diameter shafts.
4. Round or oval bases.
5. "Stay put" type drop covers, bearing the word "WATER" on top with
extended skirts.
2.05 CONDUCTIVITY STRA..P
A. As specified by the pipe manufacturer.
2.06 JOINT RESTRA.INT
A. Mechanical Joint Restraint:
1. Ductile iron.
2. Working Pressure: Minimum 250 psi.
3. EBAA Iron, Inc., rv'fega-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 Paragraph 2.07 - Pipe
Encasement.
B. Tie Rods: Steel rods with "Star" brand tie bolts.
2.07 PIPE ENCASEMENT
A. Polyethylene: Conform to A'vVYVA CI05/A21.5, Class C (Black), tube fom1.
Material shall confoml to ASTM A674.
2.08 INSULATION
A. Conform to MnDOT Spec. 3760.
2.09 CORPORATION COCK
A. See Section 02515 - 'vVater Services.
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WATER MAIN
2.10 COPPER SERVICE PIPE
A. See Section 02515 - Water Services.
PART 3 -EXECUTION
3.01 PREPARATION
A. Conform to Section 02320 - Trench Excavation and Backfill.
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 support, remove, relocate, or reconstmct existing 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, wire 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 alignment, 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,
except for HDPE and pve water main pipe.
H. Precautions are to be taken to prevent debris, or groundwater from entering the
pipe being laid.
1. Installing Fittings:
1. General Requirements: A WWA C600.
2. Set and jointing to existing pipe and fittings as specified for cleaning,
laying, and joining pipe.
J. Backfilling: Conform to Section 02320 - Trench Excavation and Backfill.
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WATER MAIN
3.03 INSTALLATION OF HYDRAJ.'JT
A. Location determined by Engineer. A grade stake and location stake will be
provided by the Engineer before the hydrant may be set.
B. Set on 8 inch concrete block, or approved equal concrete base.
C. Brace according to Draw'ings.
D. After each hydrant has been set, place around the base of the hydrant not less than
1 cubic yard of Class A round washed rock with a minimum diameter of 3/4 inch.
Carefully place 2 layers of polyethylene, minimum 4 mm thickness each, over the
rock to prevent backfill material from entering voids in the drain rock.
E. Maintain hydrants in a plumb position during the backfilling operation.
F. Attach a fiberglass marker to the hydrant using an existing flange bolt located at
the back of the hydrant.
3.04 INSTALLATION OF VALVE
A. Set and joint valves to new pipe in the manner as specified for cleaning, laying,
and jointing pipe. Location to be determined by the Engineer.
B. Valves and boxes shall be supported on an 8 inch concrete block as shown on the
Drawings.
C. Maintain valve box centered and plumb over the operating nut of the valve.
D. Set top of valve box flush with the existing surface to provide 12 inches of
upward adjustment.
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WATER MAiN
3.05 AJ."TCHORA GE
A. Brace fittings and hydrants securely against undisturbed soil using precast
concrete block. Mega-lug or rod all joints from main line tee to hydrant gate
valve, then from gate valve to hydrant.
B. Where lines terminate with plugs, restrain the plug and next 2 joints with 3/4 inch
tie rods in conjunction with the blocking, as directed by the Engineer. The
number of rods required is as follows:
Pipe Size
6 Inch
8 Inch
12 Inch
16 Inch
18 Inch
20 Inch
24 Inch
No. of 3/4 Inch Rods
2
2
4
6
6
8
10
3.06 INSULATION
A. Review Insulation Installation with Engineer:
1. Place insulation between water pipe and sanitary pipe \vhen water main, or
service is within 1 foot above, or below the sanitary pipe.
2. Place insulation between storn1 se\ver pipe and water mam, or water
service when pipes are separated by less than 2 feet.
3.07 TEMPORARY WATER SERVICE
A. During water main constmction, install and maintain temporary water service to
all homes, apartments, and/or businesses as shown on the Drawings:
1. The temporary service will allow efficient removal of the existing water
main and services, and installation of the new.
2. The temporary service shall provide adequate pressure and volume to
properties.
3. Coordinate all work with the Owner and the Engineer.
4. Coordinate cOI1..nections and service interruptions with the property
o\vners.
5. Provide rampmg and/or shallow trenching at street and driveway
crossmgs.
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\VA TER MAlN
6. Provide emergency contact numbers for evenings and weekends.
7. Temporary system will be provided in stages throughout the Project if
necessary. Submit a plan for temporary service for approval by the
Owner.
8. Use a minimum of 4 inch diameter main line.
B. Contractor is to super chlorinate the temporary ""vater service lines. The lines are
to be filled with water, let stand for 48 hours and then flush the entire system.
After the temporary water services lines have been flushed, let them sit for 24
hours and perform a bacteria test. When the bacteria tests result have past, the
residents may then be hooked up.
3.08 PIPE CON"FLICTS
A. Shall apply to any crossings under existing cast iron pipe and 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 show'n on the Drawings,
or as encountered during construction.
D. All offset piping shall be DIP.
E. Megalug type restraints shall not be allowed on cast iron pipe.
3.09 PROTECTION
A. Existing valves and hydrants shall be operated by the Public Works Department,
unless under emergency situations.
B. Securely plug all water main openings promptly before suspension of work at any
time to prevent earth, or other substances from entering the water main.
C. Mark valve boxes and structures susceptible to being hit by construction, or
vehicular traffic.
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02510-10
WA TER :v!ArN
3.10 FIELD QUALITY CONTROL
A. Scope:
1. Perform hydrostatic pressure, disinfection, and conductivity tests.
2. The Engineer will observe and verify all tests and visually inspect final
work for compliance.
B. Required Tests and Inspection:
1. Hydrostatic Pressure Test:
a. Minimum Test Pressure: 150 psi.
b. Test Duration: 2 hours.
c. Criteria: No drop in pressure allowed.
d. Testing gauge shall be liquid filled, 4-112 inch diameter, labeled in
1 psi increments, such as Ashcroft Modell 082, or approved equal.
e. All lines, including hydrant leads, water services, and stubs, shall
be tested. Services will be testes to the new curb stops.
2. Disinfection:
a. General Requirement: A WWA C651 - Disinfecting Water Mains
(Tablet Method).
b. Place hypochlorite tablets In each section of pIpe and all
appurtenances:
1) Attach tablets to top of pipe with a food grade adhesive
such as denture grip.
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02510-11
\VA TER MAIN
2) The number of tablets required per 20 foot length of pipe
based on 3-1/4 grain available chlorine per tablet is as
follows:
Diameter
4 Inch
6 Inch
8 Inch
10 Inch
12 Inch
16 Inch
18 Inch
20 Inch
24 Inch
No. of Tablets
1
2
..,
.)
4
5
9
12
14
20
c. Fill main with water at a velocity of less than 1 foot per second if
tablet method is used and let sit for 48 hours.
d. Flushing, by Contractor, may begin after the chlorinated water has
been allowed to disinfect the new pipe for 24 hours.
e. 1 bacteria test is required for every 2,000 feet of \vater main
installed, with a minimum of 2 sample tests per Project. Bacteria
test shall be done by Contractor.
3. Conductivity:
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C1d 2004 Bonestroo, Rosene,
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a. Conductivity shall be provided throughout the water system by use
of copper straps or approved conductive gaskets with copper
inserts, except when PVC or HDPE pipe is used.
b. Current - 350 amps at approximately 30 volts for 4 minutes, then
400 amps for 1 minute without fluctuation.
c. Lines must be filled with water prior to test.
d. All lines, including hydrant leads, water services, and stubs, shall
be tested.
02510-12
WATER MAfN
3.11 MEAS1JREMENT Al"-il) P A YNIENT
A. Bid Items have been provided for Water Main. Measurement and payment will
be based upon the units listed below:
1. Water Main Pipe: Measurement will be based upon units of lineal feet for
each size and type of pipe installed, as measured along the axis of pipe,
without regard to intervening valves or fittings. 'vVater main over depth
shall not be measured. Payment at the Bid Unit Price shall include
furnishing and installing pipe complete in place as specified.
2. Valve and Box: Measurement will be based on valve and box installed.
Payment at the Bid Unit Price shall include furnishing and installing the
valve and box complete in place as specified.
3. Hydrant: Measurement will be based on units of each hydrant installed.
Payment at the Bid Unit Price shall include furnishing and installing the
hydrant, including fiberglass flag.
4. DIP Fittings: Measurement shall be based on the fitting weight installed
in pounds. The fitting weight shall be construed to mean equivalent cast
iron \V'eight. Payment at the Bid Unit Price shall include DIP fitting, poly
encasement, bituminous coal tar spray, and hardware.
5. Connect to Existing Water Main: Measurement shall be based on each
connection made, including the removal of existing plugs, and all work
necessary to make the connection. Payment at the Bid Unit Price shall
include all items required to complete the \vork.
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. No Bid Items have been provided for Testing. Testing shall be considered
incidental to water main installation with no direct payment made.
D. Should 4 Inch Ductile Iron Pipe or 4 Inch Gate Valves be required, these items
will be paid under the Bid Unit price for 6 Inch Ductile Iron Pipe and 6 Inch Gate
Valve.
E. Note that no direct payment will be made for removal of existing gate valves.
Removal and disposal will be incidental to the removal of the existing V-later main
plpe.
F. If offsets are required, payment will be made using the Bid Prices for the actual
pipe length used and the fittings used. No additional compensation will be made.
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02510-13
\VATER MAIN
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
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,VA TER MAlN
SECTION 02515
W ATER SERVICES
PART 1- GENERAL
1.01 SECTION INCLUDES
A. Constmction of water service pipe, corporation stops, curb stops and boxes, 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.
2. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron
Pipe for Water or Other Liquids.
B. i\merican Water Works Association (A WWA):
1. C 1 05 - American National Standard for Polyethylene Encasement for
Ductile Iron Pipe Systems.
2. C900 - A WvVA Standard for Polyvinyl Chloride (PVC) Pressure Pipe and
Fabricated Fittings, 4 Inch Through 12 Inch, for Water Distribution.
3. C906 - A WW A Standard for Polyethylene (PE) Pressure Pipe and
Fittings, 4 Inch Through 63 Inch, for Water Distribution.
1.04 SEQUENCING ANTI SCHEDULING
A. Install sanitary sewer, water main, and all pipe deeper than the services prior to
the installation of the services.
B. Install water service in same trench as the sanitary sewer service.
C. Perform testing of new water main prior to recoll..'1ecting existing services.
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WATER SERVICES
P ART 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 conforming 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): Conform 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.
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 CURB STOP
A. Approved Manufacturers:
1. Curb Stops 1 Inch and Smaller:
a. Mueller .0v'lark II Oriseal Pattern H -15154.
b. McDonald No. 4717.
2. Curb Stops Larger Than 1 Inch:
a. Mueller Mark II Oriseal Pattern H-15154
b. McDonald No. 6104 ball valves.
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02515-2
WATER SERVICES
B. Proper connection type for inlet and outlet.
C. Full opening through the valve body with no smaller restriction allowed.
2.04 CURB BOX
A. Approved Manufacturers:
1. Mueller: Conforming to 2.03.A.l (or 2) a-b.
2. McDonald: Conforming to Paragraph 2.03.A.l (or 2) a-d.
B. Adjustable in height from 78 inches to 90 inches.
C. No Stationary rods.
D. 2 inch upper section.
E. Mueller improved extension typed with arch pattern base.
2.05 SERVICE SADDLES
A. Approved ManufaCturers:
1. Smith-Blaair 372.
2. Ford FS303.
3. Cascade CS22.
2.06 TRANSITION FITTINGS
A. Polycam steel transition fittings shall conform to A WW A C90 land C906 for
connections to SDR 11 IPS PE Service Pipe.
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.
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WATER SERVICES
C. New services shall be connected at the locations shown on the Drawings, or if not
shown as directed by the Engineer.
D. Water Service Line:
1. Parallel and upstream of the se\ver service line in the same trench.
2. Terminate water service as sho\vn on Drawings or as directed by the
Engineer.
E. Corporation Stop:
1. Tap into main only when water main is under pressure.
F. Curb Box:
1. Support on full size pre-cast segmental manhole block.
2. Place in a vertical position.
3. Install to finished grade.
4. Grade stakes will be furnished to establish elevations.
G. Reconnect Existing Service:
1. Disconnect existing service from existing water main.
2. Remove existing curb stop and box and excess existing service pipe.
3. Reconnect existing service from house to ne\v curb box.
H. All trenches shall be backfilled and compacted in accordance to Section 02320 -
Trench Excavation and Backfill.
3.02 FIELD QUALITY CONTROL
A. Do not backfill trench until the service has been inspected and approved by the
Engineer.
B. All water services will be pressure tested in conjunction with the water main,
conforming to Section 02510 Water Main.
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WA TER SERVICES
3.03 PROTECTION
A. Mark Each Curb Box:
1. Solid 4 inch x 4 inch x 8 feet wood post extending 4 feet above grade.
2. Metal fence post extending 4 feet above grade.
B. Mark the End of the Utility Services:
1. Solid 4 inch x 4 inch x 8 feet wood post extending 4 feet above grade.
2. Metal fence post extending 4 feet above grade.
3.04 MEASlJREMENT Ai~TI P A'r''MENT
A. Type "K" Copper Water Service: Measurement by linear foot, 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. Corp (Corporation Stop) and Corporation Stop with 12Inch Saddle: By physical
count of each type installed.
C. Curb Stop and Box: By physical count of each type installed.
D. Material, placement, compaction, and removal of excess trench material to be
included in the Bid Unit Price for water service line.
E. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
ENTI OF SECTION
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\VA TER SERVICES
SECTION 02530
SAN1TARY SEINER
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Sanitary se\ver gravity pipe, forcemain, pressure sewer, manholes, fittings and
miscellaneous appurtenances.
1.02 RELATED SECTIONS
A. Section 02280 - Adjust Miscellaneous Structures.
B. Section 02320 - Trench Excavation and Backfill.
1.03 REFERENCES
A. American Society of Testing and Materials (ASTM):
1. A48 - Specification for Gray Iron Castings.
2. A615 - Specification for Deformed and Plain Billet-Steel Bars for Concrete
Reinforcement.
3. C76 - Specification for Reinforced Concrete Culvert, Drain and Sewer Pipe.
4. C 139 - Specification for Concrete Masomy Units for Construction of Catch
Basins and Manholes.
5. C 150 - Specification for Portland Cement.
6. C206 - Specification for Finishing Hydrated Lime.
7. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe.
8. C478 - Specification for Precast Reinforced Concrete Manhole Sections.
9. D16 - Terminology Relating for Paint, Varnish, Lacquer, and Related
Products.
10. D698 - Test Method for Laboratory Compaction Characteristics of Soil
Using Standard Effort.
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11. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds
and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds.
12. Dl785 - Specification for PVC Plastic Pipe, Sch. 40, 80, and 120.
13. D2321 - Practice for Underground Installation of Thermoplastic Pipe for
Sewers and Other Gravity - Flo\v Applications.
14. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer
Pipe and Fittings.
15. D3212 - Specifications for Joints for Drain and Sewer Plastic Pipes Using
Flexible Elastomeric Seals.
16. F477 - Specifications for Elastomeric Seals (Gaskets) for Joining Plastic
Pipe.
17. F794 - Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer
Pipe and Fittings Based on Controlled Inside Diameter.
18. F894 - Specification for Polyethylene (PE) Large Diameter Profile Wall
Sewer and Drain Pipe.
B. American Water Works Association (A W\V A):
1. C 1 04 Cement Mortar Lining for Ductile and Cast Iron Pipe and Fittings.
2. C 1 05 - Polythylene Encasement for Ductile Iron Pipe.
3. C 11 0 - Ductile - Iron and Gray - Iron Fittings, 3 in. through 48 in. for Water
and Other Liquids.
4. Clll - Rubber-Gaskets Joints for Ductile-Iron Pressure Pipe & Fittings.
5. C 151 - Ductile - Iron Pipe, Centrifugally Cast, for Water.
C. Minnesota Department of Transportation "Standard Specification for Construction,"
2000 Edition (MnDOT Spec.):
1. 3760 - Insulation Board (PolystYTene).
1.04 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.
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1.05 SUBMITTALS
A. Shop Drawings: Indicating information for fabrication and installation of manholes.
B. Certification report for precast structures fabrication and installation.
c. PVC Pipe: Certification of resin compounding by pipe manufacturer prior to
shipment of pipe to job site.
D. Video copy on VHS format of sewer televising and two copies of the written report
on conditions.
1.06 SEQUENCING Al'ID SCHEDULING
A. Do not pursue work causing shut off of utility services (gas, \-vater, electric,
telephone, TV, etc.) to consumers until the utility owner is contacted and all
consumers are notified ofthe shut-off schedule.
B. Verify vertical and horizontal location of sanitary sewers sufficiently in advance of
installing new pipe to determine the extent of conflict, if any.
C. Successfully complete required inspections and testing before restoration of surface.
D. Commence closed circuit TV inspection after all of the backfill is compacted in
place.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Concrete Materials:
1. Standard Portland Cement Type 1, clean washed sand and crushed rock and
gravel free from deleterious materials for monolithic concrete manholes and
all manhole bases.
2. Portland Cement: Comply with the requirements of ASTM C150.
3. Design Mix: Subject to the approval of the Engineer. Use proper water-
cement ratio to obtain (4000 psi) in 28 days.
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B. Mortar Materials:
1. Cement: Type 1 Standard Portland Cement conforming to ASTM C150.
2. Lime: Normal finishing hydrated lime meeting the requirements of ASTM
C206.
3. Mix Proportions:
a. One part cement to three parts of suitable plaster sand for mortar used
for plastering the exterior \valls 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. One part Portland cement to two 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.
C. Reinforcing Steel: Comply with the requirements of ASTM A61S, Grade 60.
2.02 MA_i'ffiOLES
A. Requirements: ASTM C478, details on the Dra\vings.
B. Stmctures: Precast concrete. Segmental block may be used for the lower portion of
stmctures over large pipe with the approval of the Engineer.
C. Manhole Joints: Rubber O-ring gasket type or approved equal.
D. Segmental Block Manholes: Blocks conform to ASTM C139.
E. Stmcture Bases: Pre-cast or poured in place.
F. Manhole Steps:
1. Manhole steps may be constmcted of any of the following materials:
a. Polypropylene Coated Manhole Steps:
1) Polypropylene molded over steel reinforcing rod and similar
in design to the cast iron steps specified may be used.
2) All such steps shall be M.A. Industries (SP-I-PF) Manhole
Step, or equal.
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2.03 NIAi~rtOLE FRAi.\1ES A'0i'D COVERS
A. Requirement: ASTM A48.
B. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws.
C. Finish: Coal tar pitch varnish.
D. Finish Preparation: Sandblast.
E. Machine cover and frame contact surface for non-rocking protection.
F. Type and Style: As shown on Drawings.
G. Covers with t\vo concealed pick holes of approved design.
H. Weight: Minimum of380 pounds.
2.04 PIPE MATERIAL
A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings (4 inch through 15 inch
diameter):
1. General: Pipe and fittings conform to ASTM D3034.
2. Materials: PVC plastics having a minimum Cell Classification of 1254B or
12454C or 13364B as defined in ASTM D1784. Pipe materials shall have a
minimum hydrostatic design stress of2,000 psi as certified by the Plastic Pipe
Institute. Additives and fillers including but not limited to stabilizers,
antioxidants, lubricants, colorants, etc. shall not exceed 20 parts by weight
per 100 of PVC resin in the compound.
3. Design: Integral wall bell and spigot joint and a minimum wall thickness
conforming to SDR 35 and/or SDR 26.
4. Joints: Conform to ASTM D3212. Push-on type only \vith the bell-end
grooved to receive a gasket. Elastomeric seal (gasket): a basic polymer of
synthetic rubber conforming to ASTM F477. Natural rubber gaskets will not
be accepted.
5. Marking: Each pipe shall be identified with the name of the manufacturer or
trademark and code, nominal pipe size in inches, the PVC cell classification
and "Specification D3034."
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B. Reinforced Concrete (RCP) Pipe and Fittings:
1. General Requirement: ASTM C76 Wall B with circular reinforcing.
2. Materials: Conform to the requirements ofASTM C76 Wall B with circular
reinforcing. O-ring gaskets shall be synthetic rubber, circular in cross-section
and conform to ASTM C361.
3. Pipe Joints: Bell and Spigot conforming to ASTM C361.
4. Pipe Class: As shown on the Dra\vings.
5. Marking: Each pipe shall be identified with the name of the manufacturer or
trade name or trademark and code, identification of plant, date of
manufacture, and the pipe class and specification design.
6. Long Radius Bends: Class ofRCP bends used shall correspond to the class
of the pipe used in the respecti ve section of pipe.
2.05 INSuLATION
A. Meet the requirements ofMnDOT Spec. 3760 for PolystYTene Insulation Board.
PART 3 - EXECUTION
3.01 PREPARATION
A. By-Pass Pumping: Contractor shall be responsible for all items required to maintain
sewer flows during constmction of the 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 Structures:
1. Connect to existing structure at location shown on the Drawings.
2. Core the hole in the stmcture, tlimming the pipe flush with the stmcture,
trimming the pipe Hush with the pipe to seal it within the wall.
3. Reconstruct manhole bench/invert.
4. Make repairs to the stmcture.
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B. Connect to Existing Pipe:
1. A construction j oint shall be used to connect to the existing pipe as approved
by the Engineer in the field.
C. Installing Pipe:
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1.
Excavation and Preparation of Trench: Conform to Section 02320 - Trench
Excavation and Backfill.
2.
Lay and maintain pipe and appurtenances to the aligmnent, grade and location
shown on the Drawings and/or staked in the field. No deviation from the
draw'ing and/or staked alignment, grade or location is allowed unless
approved by the Engineer.
.,
J.
Permanently support, remove, relocate or reconstmct existing utility pipes,
cables, structures or other appurtenances when they obstruct the line, grade or
location of the pipe or appurtenance. Do the work in cooperation \vith the
owner of the utility. Utility owner will determine \vhich method is to be
used.
4,
General Pipe Installation Procedure: Use joint lubricant in accordance to
manufacturer's instnrctions. Lubricate joint, center spigot in bell, push spigot
home, bring pipe to proper line and grade and secure pipe in place by
properly bedding.
5.
Lay pipe upgrade with spigot ends pointing in the direction of flow.
6.
Plug all openings to the installed pipe with suitable stoppers to prevent water,
dirt and debris from entering the sew'er.
7
I.
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.
8.
All joints must be watertight. Repair any leaks discovered.
9.
No pipe is to be laid in water or \vhen trench conditions are unsuitable for
such work.
02530-7
SANITARY SE'NER
D. Installing Structures and Appurtenances:
1. Excavation and Preparation of Trench: Conform to Section 02320 - Trench
Excavation and Backfill.
2. Bases: Poured in place structure bases must be acceptably reinforced and
cured before placing manhole sections.
3. Invert: Shape to the half section of equivalent size inlet and outlet pipe.
Provide free uninterrupted flow. All surfaces slope to flow line. Pre-poured
manufactured invert for lines 15 inch or smaller are acceptable if conforming
to previous requirements.
4. Steps to be placed 90 degrees from main flo\\! through structure on the
downstream side except for pipe of 36 inch or greater.
5. The exterior of all block manholes to be plastered with 1/2 inch of Portland
cement mortar.
6. Install short precast section (approximately 1.0 foot, no greater than 1.5 foot)
immediately below the eccentric cone or precast top slab.
7. Install Rings: Confornl to Section 02280 - Adjust Miscellaneous Structures.
8. Neatly mortar lift holes.
9. All pipes entering the manhole must be cut with a power saw to provide a
clean, smooth pipe surface.
E. Installation of Insulation:
1. Insulation over pipe in locations as shown on the Drawings.
2. Insulation is to be placed \vherever sanitary sewer line comes within 3 feet of
any storm structure or line or within 5 feet of the ground surface.
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 \vorking day with casting or suitable alternative device.
C. Mark structure susceptible to being hit by construction or vehicular traffic.
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3.04 FIELD QUALITY CONTROL
A. Scope:
1. Provide all labor, materials and equipment to perform tests.
2. Engineer to observe and verify all tests and to visually inspect the final work
for compliance.
B. Cleanup:
1. Clean the pipe and all structures.
2. Bailing or flushing of system allowed \vith approval of Engineer, otherw-ise
jetting will be required.
3. Completed prior to Substantial Completion and televising.
C. Required Tests and Inspections:
1. Infiltration Test: Construct measuring weirs and devices as necessary and
directed by the Engineer. The maximum allowable rate of leakage shall not
exceed 100 gallons per mile per inch of diameter per day.
2. Lamping: Engineer will verify installation for true line and grade, joints are
home, no broken or deflective pipes exist, the installed pipe is structurally
sound, and that the structures conform to the specified requirements.
3. Mandrel Test: As part of the PVC Pipe procedures, perform a mandrel test
after the sewer main installation has been completed. A minimum waiting
time period of 30 days after the pipe installation is required before the
deflection test may be performed. Contractor shall furnish the mandrel, all
materials and equipment, and the necessary labor force to pull the mandrel
through all lines to verify the integrity of the pipe.
The mandrel will be pulled in the presence of the Engineer. A deflection
greater than 5 percent of the inside diameter of the pipe is considered a
failure.
Owner reserv-es the right to measure the deflection ofPVC pipe at any time
during the correction period. Deflections greater than 5 percent ofthe inside
diameter of the pipe shall be considered failure. Contractor may be required
to re-excavate the trench, re-compact the backtill material and restore the
surface with no additional compensation for such \vark.
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SANITARY SEWER
4. Air Test: For PVC Pipe procedures, air test the pipe. Pipe shall be cleaned
but may be wetted. Pneumatic balls shall be used to plug the ends at
manholes. Low pressure air shall be introduced into plugged line until the
internal air pressure reaches 4.0 psig greater than the average back pressure of
any groundwater pressure that may submerge the pipe. At least 2 minutes
shall be allowed for the pressure to stabilize before readings are taken and the
timing started. During this time, check all plugs with soap solution to detect
plug leakage. If any plugs are found to leak, air shall be bled off, the plugs
shall be retightened and the air shall be reintroduced into the line.
The sewer line under test will be accepted as having passed the air test if the
pressure does not drop more than 0.6 psig in less time than 1/2 minute per
inch in diameter of the pipe being tested. The minimum starting pressure is
3.6 psig.
5. Televise:
a. Inspect the installed sewer pipe by televising.
3.05 MEASlJREMENT At'ID PAYTvIENT
Bid Items have been provided for the following:
A. Sanitary Sew'er Pipe, For Each, Type, Size: Measurement and Payment will be based
upon units oflineal feet for each size, type and depth increment 0 feet- 10 feet and in
5 foot increments thereafter, for furnishing and installing pipe complete in place as
specified. Pipe will be measured from centerline to centerline of manholes or to the
connection point of the existing pipe.
B. Sanitary Sewer Manhole Structures: Measurement will be based on the size of the
manhole up to a depth of 8 feet. Payment will include the manhole, manhole frame,
and casting, in place, as specified on the Dra\vings.
C. Manhole Overdepth Above 8 Feet: Measurement will be based on the lineal feet of
manhole installed, based on the diameter specified on the Drawings. Payment \vill
include the cost of furnishing and installing the manhole sections.
D. Connect to Existing Manhole: Measurement \vill be based on units of each
connection and incidentals for a complete connection.
E. Connect to Existing Pipe: Measurement \vill be based on units of each connection
and incidentals for a completed connection.
F. No Bid Item has been provided for Closed Circuit TV Inspection: This work is
considered incidental to the bid.
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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
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SANITARY SEWER
SECTION 02535
SAN1TARY SE\VER SERVICES
PART 1 - GEl',r:ERAL
1.01 SECTION INCLUDES
A. Sanitary sewer service pipe replacement and all appurtenances.
1.02 RELATED SECTIONS
A. Section 02320 - Trench Excavation and Backfill.
1.03 REFERENCES
A. American Society of Testing Materials (ASTM):
1. D698 - Test Method for Coefficient of Linear Thermal Expansion of Plastics.
2. DI784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds
and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds.
B. American Water Works Association (A'vVWA):
1. C900 - Polyvinyl Chloride (PVC) Pressure Pipe 4 Inch through 12 Inch
Water Main.
1.04 SYSTEM DESCRIPTION
A. This work shall consist of the construction of sanitary sew.er services in accordance
with the requirements of the Contract.
1.05 SlJBMITTALS
A. None required.
1.06 PROJECT SITE CONDITIONS
A. All work must be contined to within the limits of construction easements, or public
right-of-way.
B. Verify sanitary sewer service locations with Engineer prior to the start of any
construction.
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SANITARY SEWER SERVICES
1.07 SEQUENCING AND SCHEDlJLING
A. Install sanitary sewer service in same trench as the water service or as directed by the
Engineer.
PART 2 - PRODUCTS
2.01 MANUFACTURED lJNITS
A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings (4 Inch Through 15 Inch
Diameter):
1. General: Pipe and fittings conform to ASTM D3034.
2. Materials: PVC plastics having a minimum Cell Classitication of 12454B,
12454C, or 13364B as defined in ASTM D1784. Pipe materials shall have a
minimum hydrostatic design stress of2,000 psi as certified by the Plastic Pipe
Institute. Additives and fillers, including but not limited to stabilizers,
antioxidants, lubricants, colorants, etc., shall not exceed 20 parts by weight
per 100 ofPVC resin in the compound. Certification ofresin compounding
shall be provided by the pipe manufacturer prior to shipment to the Project
Site.
3. Design: Integral wall bell and spigot joint and a minimum wall thickness
conforming to SDR 26 and as shown on the Drawings.
4. Joints: Conform to ASTM D3212. Joints shall be push-on type only\vith the
bell-end grooved to receive a gasket. Elastomeric seal (gasket) shall have a
basic polymer of synthetic rubber conforming to ASTM F477. Natural
rubber gaskets will not be accepted.
5. Marking: Each pipe shall be identified with the name ofthe manufacturer or
trademark and code, nominal pipe size in inches, the PVC cell classification,
and "Specification D3034."
2.02 BEDDING MA TERl4.L
A. See Section 02320 - Trench Excavation and Backfill.
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SANITARY SEWER SERViCES
PART 3 - EXECUTION
3.01 INSTALLATION
A. Governing Code: Minnesota Plumbing Code and any local ordinances which may
apply.
B. Minimum 1/4 inch per foot grade, unless otherwise directed by the Engineer.
c. PVC Pipe and Fittings:
1. Similar to main line sanitary sewer pipe installation.
D. Terminate 5 feet past property line or as shown on Drawings.
E. Record Actual Depth at End of Service:
1. Exercise care in determining the depth.
2. The depth recording is incorporated into the "Record Drawings" and becomes
a permanent part of City Records.
F. Plug ends with 4 inch plug and necessary blocking.
3.02 FIELD QUALITY CONTROL
A. Do not backfill trench until the service has been inspected and approved by the
Engineer.
3.03 PROTECTION
A. Mark end of new service with a wooden 2 inch x 2 inch x "variable" marker:
1. Extend 6 inches below and adjacent to the plug. Extend 2 feet above the
ground line.
2. Continuous without any breaks.
3. Vertical or plumb.
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SANITARY SEWER SERV1CES
3.04 MEAST.JREMENT Ai\JD PAYMENT
A. Bid Items have been provided for 4 Inch PVC, SDR 26 Service Pipe. Measurement
will be by linear foot of pipe installed as measured along the axis of the pipe with no
regard to intervening fittings. Payment at the Bid Unit Price shall be compensation in
full for all work and costs, including excavation, pipe, bedding, backfill, and trench
compaction.
B. No Bid Items have been included for Service Plugs, or Marking Service Ends.
Payment for these items shall be included in the lineal foot price for 4 Inch PVC
Service Pipe.
C. All other \vork and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
Ef-,;TI) OF SECTION
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SECTION 02630
STORLvl DRAINAGE
PART 1- GENERA.L
1.01 SECTION INCLUDES
A. Storm sewer pIpe, manholes, catch basins, fittings, and miscellaneous
appurtenances.
1.02 RELATED SECTIONS
A Section 01310 - Proj ect Management and Coordination.
B. Section 01570 - Erosion and Sediment Control.
C. Section .02280 - Adjust Miscellaneous StruchIres.
D. Section 02315 - Excavation and Fill.
E. Section 02320 - Trench Excavation and Backfill.
F. Section 02635 - Subsurface Drainage.
G. Section 02720 - Aggregate Base Course.
H. 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. A153 - Specitication for Zinc Coating (Hot-Dip) on Iron and Steel
Hardware.
3. C76 - Specification for Reinforced Concrete Culvert, Drain, and Se\ver
Pipe.
4. C139 - Specification for Concrete Masomy Units for Constmction of
Catch Basins and Manholes.
5. C150 - Specification for Portland Cement.
6. C206 - Specification for Finishing Hydrated Lime.
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7. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe.
8. C443 - Specification for Joints for Circular Concrete Se\ver and Pipe,
Using Rubber Gaskets.
9. C478 - Specification for Precast Reinforced Concrete Manhole Sections.
10. D 1 784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds
and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds.
11. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using
Flexible Elastomeric Seals.
12. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic
Pipe.
13. F794 - Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity
Sewer Pipe and Fittings Based on Controlled Inside Diameter.
B. IvIinnesota 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 SEQtTENCING Al"fD 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
Section 02720 - Aggregate Base Course and Section 02770 - Concrete Curb and
Gutter.
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1.05 SlJBMITTALS
A Conform to Section 01310 - Proj ect Management and Coordination.
B. Shop Drawings:
1. All storm sewer structures.
C. Manufacturer's Certificate of Compliance for:
1. Gray iron castings.
2. Precast manhole sections.
3. Rip rap.
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.
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STORivI DRi>\INAGE
2.02 STORlvl :NLt\1'ffiOLE ,t\1'\'D CATCH BASIN F~t\1vIES AL'\'D COVERS
A. General:
1. Requirement: ASTM A48.
2. Material: Class 35 cast iron. Best grade. Free from injurious defects and
flaws.
3. TY'Pe and Style: ...A.s sho\vn on Dra\ving. Covers \vithollt grate openings
shall be stamped "STORM SEWER."
4. Covers \vith 2 concealed pick holes of approved design.
5. Weight: Minimum of 380 pounds.
2.03 STORM MANHOLES AL"iTI CATCH BASINS
A. General:
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1.
Requirements: ASTM C478, details on the Drawings.
J
Diameter and special requirements are shown on the Drawings.
...,
J.
Structures shall be of precast concrete.
;1
'"T.
Segmental Manhole Blocks: Blocks conform to ASTM C139. Segmental
block may be used for the lower portion of structures over large pipe only
when approved by the Engineer.
5.
Manhole Joints: Rubber a-ring gasket type meeting ASTM C443.
6.
Segmental Manhole Blocks: Blocks conforn1 to ASTM C139.
..,
I.
Structure bases shall be pre-cast.
8.
Manhole Steps: Reinforced polypropylene plastic steps with No. 2
deformed grade steel rod.
02630-4
STORM DRAINAGE
2.04 PIPE MATERL4.LS
A. Reinforced Concrete (RCP) Pipe and Fittings:
1. General Requirement: ASTM C76 Wall B with circular reinforcing.
2. Materials: Conform to the requirements of ASTM C76, Wall B with
circular reinforcing. O-ring gaskets shall be synthetic rubber, circular
reinforcing in cross-section, and shall conform to ASTM C361.
3. Pipe Joints: Bell and spigot ASTM C361.
4. Pipe Class: Class 3, unless othenvise noted on the Drawings.
5. Marking: Each pipe shall be identified with the name of the manufacturer
trade name or trademark and code, identification of plant, date of
manufacture, and the pipe class and specification design.
2.05 TRA.SH GUARDS
A. General:
1. General Requirement: ASTM A153.
2. Materials: Galvanized steel rods meeting the requirements m ASTM
A153.
3. Bar size and configuration as shown on the Draw'ings.
4. Securely attached to end section.
2.06 RIP R.A.P
A General Requirement: Conform to MnDOT Spec. 2511:
1. Riprap Materials: Conform to MnDOT Spec. 3601.
2. Granular Filter: Conform to MnDOT Spec. 3601.
3. Geotextile Filter: Conform to MnDOT Spec. 3733.
4. Grout: Conform to MnDOT Spec. 2461.
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STORi'vl DRAINAGE
PART 3 - EXECUTION
3.01 PREPARATION
A. Trench Excavation and Backfill shall conform to Section 02320 - Trench
Excavation and Backtlll.
B. By-Pass Pumping: Contractor responsible for all items required to maintain sew'er
flows during construction of the new storm sewer. All work and costs for by-pass
pumping is considered incidental to the Project, unless otherwise specified.
3.02 INSTALLATION
A. Connect to Existing Structure:
1. Connect to existing structure at location shown on the Dra\vings.
2. Core the hole in the structure and saw cut the pipe flush with the inside
wall of the structure.
3. Bulkhead void between outside wall of pipe and edge of opening with
mortar and brick.
4. Reconstruct manhole bench/invert.
B. Connect to Existing Pipe:
1. Connect to existing pipe at locations shown on the Drawings.
2. Locate and expose end of existing pipe.
3. Remove existing bulkhead or plug and dispose of offsite:
a. Take care not to damage existing pipe.
b. Any segment of pipe damaged by Contractor shall be replaced with
ne\'l materials at no expense to the Project.
4. Utilize standard bell and spigot joint with mbber a-ring gasket if possible.
5. If butt connection must be made to existing pipe, construct concrete collar
around joint. Collar shall be minimum 12 inches thick in all locations and
shall extend a minimum of 12 inches each \'lay of the joint.
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STOfu\>[ DRA.INAGE
C. Pipe Installation:
1. Lay and maintain pipe appurtenances to the alignment, grade, and location
shown on the Drawings and/or staked in the field. No deviation from the
Drawing and/or staked alignment, grade, or location is allowed, unless
approved by Engineer. Deviation from grade in excess of 0.05 percent
may be cause for removal and relaying pipe at the Contractor's expense.
2. General Pipe Installation Procedures:
a. \Vipe 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 flo\v.
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. \Vhere cut-ins make it impossible to construct bell and spigot joints or
when dissimilar pipe materials are joined, a reinforced concrete collar
shall be placed completely surrounding the joint or the connection shall be
made by using an approved adapter.
7. Any pipe which has been disturbed after being laid must be taken up, the
joint cleaned and properly relaid as directed by the Engineer.
D. Stmctures and Appurtenances Installation:
1. Furnish and install stnrctures in accordance with the Drawings.
2. Excavate to depth and size as shown in the Drawings.
3. Pour inverts shaped to the half section of equivalent size pipe conforming
to the inlet and outlet pipe so as to allow' for a free, uninterrupted flow
with all surfaces sloping to the flow line.
4. Preformed inverts not allowed w-here pipe grades are 2 percent or greater,
unless design grade is built through the manhole.
5. All concrete pipes entering manholes must be cut \'lith a concrete saw.
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STOfuv! DfuA.L'iAGE
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 do\vnstream side.
8. On structures 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: Conforming to Section
02280 - Adjust Miscellaneous Structures.
E. Riprap:
1. General: Conform to MnDOT Spec. 2511.
F. Bulkhead Pipe:
1. Bulkhead pipe with brick, non-shrink concrete grout, or concrete block
masomy 8 inches thick.
2. Precast concrete plugs may be used in lieu of bulkhead. Plug must fit
snugly into pipe opening and be watertight.
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:
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STORiv[ DRi~INAGE
a. If newly installed mains and structures are kept clean during
constmction, cleaning will not be required.
b. If newly installed mains and/or structures become dirty due to
negligence of the. Contractor, cleaning \vill 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. T est waived if no visible infiltration IS observed during the
lamping inspection.
c. Measurement made by means of 90 degree v-notch weirs placed in
the lines as directed by the Engineer.
d. Measurements taken at the points where in the Engineer's opinion
the flow of water in the sewer is greater than the maximum
allowable leakage.
e. Maximum Allowable Rate of Leakage: Not more than 100 gallons
per mile per inch diameter per day.
f Tests may be taken between individual manholes and the
infiltration in any given line must not exceed the specitied
maximum allowable rate.
g. Method of Measurement: Measurement of time for a
predetermined volume of flow to occur.
2. Lamping:
a. Verify installation is to tme line and grade.
b. Verify installed pipe is structurally sound.
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02630-9
STOit\1 DRAIi'iAGE
c. Verify there are no broken or deflective pipe.
d. Verify that joints are all home.
e. Verify structures conform to specified requirements.
3. Mandrel Test: (If using PVC or HDPE Storm Sewer Pipe):
a. Perform on PVC or HDPE main after installation has been
completed.
b. Minimum wmtmg period of 30 days after completion of
installation prior to performing test.
c. Contractor to furnish the mandrel and all labor, materials, and
equipment necessary to perform the test.
d. Engineer must be present during pulling of the mandrel.
e. Deflection of inside diameter of pipe in excess of 5 percent shall be
considered failure of the test.
f. Contractor shall repair / replace any failing segment of main such
that it successfully passes the test. All costs for such work,
including but not limited to excavation, new materials, and
restoration of surface to existing condition shall be the sole
expense of the Contractor.
g. Owner reserves right to measure deflection of PVC pipe at any
time during the warranty period. If at any time during the w.arranty
period, the inside diameter of the pipe deflects in excess of 5 _
Percent the Contractor shall remove and replace the pipe at their
expense.
3.04 PROTECTION
A. Plug all entrances and openings to the system promptly and before suspension of
operations at the end of working day.
B. Secure manholes and structures immediately after completion, or before
suspension of operations at the end of \vorking day with castings, or suitable
alternative device.
C. Mark all stmctures to avoid being hit by construction, or vehicular traftlc.
D. Mark each plug location with 4 inch x 4 inch timbers to above grade to aid in
marking the future connection.
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02630-10
STORc'vI DRc\lNAGE
E. Establish erosion control measures as per Section 01570 - Erosion and Sediment
Control.
3.05 l\tlEAS1JREMENT A1~TI P A YNIENT
A. Bid Items have been provided for Storm Sewer Pipe. Measurement will be based
upon units of lineal feet for each size, type, and class of pipe furnished and
installed complete in place as specified, including excavation, backfilling, and
compaction. Pipe will be measured from centerline of structure to centerline of
structure:
1. Pipe bedding will be paid in accordance with Section 02320 - Trench
Excavation and Backfill.
2. In1proved pipe foundation material, if necessary, shall be per Section
02320 - Trench Excavation and Backfill.
3. For Pipe Sizes 12 Inches to 18 Inches: PVC or RCP allowed.
4. For Pipe Sizes Greater than 18 Inches: RCP allowed.
B. Bid Items have been provided for Catch Basin, Catch Basin Manhole, and Storm
Manhole. Measurement \vill 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. A Bid Item has been provided for Reconstruct Storm Sewer Manhole Invert.
Measurement will be based upon units of each.
D. Bid Items have been provided for Connect Storm Pipe to Existing Structure.
Measurement shall be per each connection made, regardless of size of opening,
size of the pipe, type of existing bulkhead, type of existing structure, or type of
pipe. Saw cutting of the pipe installed in the opening, if necessary, shall be
considered incidental. Core cutting the connection and reconstruction of existing
structure invert, if necessary, shall also be considered incidental to the connection.
E. A Bid Item has been provided for Yard Drain. Measurement will be based upon
units of each, according to type and size for furnishing and installing structures
complete, including casting frame and cover, and adjusting rings in place as
specitied.
F. A Bid Item has been provided for 4 Feet Diameter Stmcture Overdepth.
Measurement \vill be by the lineal foot of structure depth from the top of casting
to the poured invert minus the standard 8 foot depth. Payment shall include all
materials and work required for the installation.
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STOR,,,l DRf\INAGE
G. A Bid Item for Flared Ends of Each Size has been provided on the Bid Form.
Measurement will be based upon units of each size installed at locations indicated
in the Drawings complete in place as specified, including trash guard, excavation,
backfilling, and compaction.
F. A Bid Item for Rip Rap Placed at Flared End Sections has been provided on the
Bid Form. Measurement will be based upon units of cubic yards of rip rap placed
for each class of rip rap including geotextile fabric.
H. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
E0<'D OF SECTION
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STOR.,v! DR."'.fNAGE
SECTION 02635
SlTBSURFACE DR.A.INAGE
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Storm sewer service.
B. Drain tile.
1.02 RELATED SECTIONS
A. Section 02320 - Trench Excavation and Backfill.
B. Section 02630 - Storm Drainage.
1.03 REFERENCES
A. American Society of Testing and Materials (ASTJ'v1):
1. D1784 - Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated
Poly (Vinyl Chloride) (PVC) Compound.
4. F758 - Smooth-Wall Poly (Vinyl Chloride) (PVC) Plastic Under Drain
Systems for Highway, Airport, and Similar Drainage.
B. Minnesota Department of Transportation "Standard Specifications for
Construction," 2000 Edition (MnDOT Spec.):
1. 3149 - Granular Material.
2. 3733 - Geotextiles.
1.04 SEQUENCING Al\D SCHEDULING
A. Install sanitary sewer, water main, storm sewer, and all pipe deeper than the
services prior to the installation of the services.
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02635-1
SUBSURFACE DRAINAGE
PART 2 - PRODUCTS
2.01 PVC PIPE AND FITTINGS
A. Drain Tile:
1. General Requirement: ASTM F758.
2. Materials: Minimum Cell Classification of 12364C as defined in ASTM
DI784.
3. Classitication: Minimum pipe stiffness of 46.
4. Joints: Gasket-Type Joints meeting ASTM D3212.
5. Perforations: Circular on 3-1/4 x ::i: 1/4 inch centers. Hole size maximum
of 3/8 inch and a minimum of 3/16 inch, arranged in 4 rows along the full
length of the pipe.
2.02 BEDDING MA TERlAL
A. Granular Borro'w meeting MnDOT Spec. 3149.2B 1 Modified:
1. 100 percent passing by weight the 1 inch sieve.
2. Furnished by Contractor from a location located off the Project Site.
3. No onsite granular material encountered during construction may be used.
2.03 PIPE DRAIN AGGREGATE
A Course Filter Aggregate conforming to MnDOT Spec. 3149.2H.
2.04 GEOTEXTILE
A. Geotextile vVrap shall conforn1 to MnDOT Spec. 3733, Type 1.
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SUBSURFACE DRAINAGE
PART 3 - EXECUTION
3.01 GENERAL
A. The location and alignment of the subsurface drains and outlets are shown in a
general manner on the Draw'ings. Exact location and alignment to be determined
by the Engineer.
3.02 DRAIN TILE INSTALLATION
A. Conform to details on Drawings.
B. Construct at locations and elevations determined by Engineer or as shown on the
Drawings.
C. Pipe Bedding: Drain pipe aggregate.
D. Grade: Unless otherw'ise specified or shown on the Drawings, the grade of pipes
shall not be flatter than 1 in 250.
E. Plug upstream end of the drain pipe.
F. Sections of the drain pipe shall be firmly joined.
G. If perforated drain pipe is used, the pipe shall be placed so that the perforations
are in the position indicated on the Drawings or designated by the Engineer.
H. Connections: Connect to hole provided in precast structure. Seal joint with
mortar:
1. Core drill connection to stmcture where precast hole is not provided.
1. Compaction: Confornl to Section 02320 - Trench Excavation and Backfill.
J. Flushing: After installation has been completed, pipes shall be flushed with
sufficient water to remove material that has entered the pipes during constmction.
3.03 FIELD QUALITY CONTROL
A. Do not backfill trench until the pipe has been inspected and approved by the
Engineer.
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SlTBSURFACE DRAINAGE
3.04 METHOD OF MEASUREMENT AND PAYMENT
A. A Bid Item has been provided for 4 Inch Perforated PVC Drain Tile. This Bid
Item shall be used for installation of drain tile for sub grade drainage within street
areas. Measurement will be by linear feet of pipe along its axis with no regard to
intervening fittings. Payment shall include geotextile, aggregate, and fittings.
B. A Bid Item has been provided for Connect Drain Tile to Existing Structure.
Measurement will be per each. Payment will include all costs related to core
drilling a hole in the storm se\ver structure, making the connection, and patching
as specified.
C. All other \vork and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
E0.TI OF SECTION
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SlfBSURFACE DR..AfNAGE
SECTION 02720
AGGREGATE BASE COURSE
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Requirements for aggregate base course on a prepared sub grade.
1.02 RELATED SECTIONS
A. Section 02318 - Subgrade Preparation.
B. Section 02740 - Plant Mixed Asphalt Pavement.
1.03 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for 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.
1.05 SEQlJENCING ANTI SCHEDuLING
A Construct aggregate base only after all of the following have been completed:
1. S ubgrade has been corrected for instability problems and successfully passed
a test rolling test performed by the Contractor and witnessed by the Engineer.
2. Subgrade has been checked for conformance to line and grade tolerances
(stringline) .
P ART 2 - PRODUCTS
2.01 MATERiALS
A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate.
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AGGREGA IE BASE COURSE
B. Aggregate Base, Salvaged Reclaimed Material: Material generated from reclaiming
the existing bituminous pavement with the existing aggregate base. Conform to
MnDOT Spec. 313S, Class 5.
Pi~RT 3 - EXECUTION
3.01 PREPARATION
A. Prepare the subgrade in accordance with Section 0231S - Sub grade Preparation.
B. Sub grade and select granular borrow to be completed and approved by the Engineer
prior to installation of aggregate base.
C. Reclaim the existing pavement and aggregate base in accordance with Section 02965
- Reclamation. Stock Pile reclaimed material.
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 \vith details on Drawings.
3. Place the salvaged reclaimed material at the bottom of the typical section.
4. Place new Class 5 on top of the salvaged reclaim material.
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 vvill be checked for
conformance to specified tolerances by the "stringline" method prior to approval to
pave the surface. Grade shall be i: 0.03 feet of grade.
3.04 PROTECTION
A. Protect aggregate base until it is covered by surface pavement.
B. Keep aggregate base free of ruts and irregularities until covered by surface paving.
C. Place water on aggregate base for dust control as required to eliminate nuisance
conditions for adjacent properties.
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AGGREGATE BASE COURSE
3.05 MEAS1.JREMENT AL~TI PAYNfENT
A. A Bid Item has been provided for Aggregate Base, Class 5 (CV). Aggregate Base
shall be paid for by the number of cubic yards calculated from the design widths,
depths, and lengths. Payment at the Bid Unit Price shall include material, placement,
compaction, \vater, and all items incidental to complete aggregate construction. No
payment shall be made for additional material used due to low sub grades, spillage,
tolerances, etc.
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
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AGGREGATE BASE COURSE
(2360) PLANT MIXED ASPHA.L T. PAVEMENT
Combined 2360i2350 (GyratoryiMarshall D,,esign) Specification
For 2004 Construction Seas)o
This Speciticadon requires the Contractor to provide: mix that complies with aU of the design,
production, and placement ,eq llircmcnts of the speci ficdion. The D"ila!ffilen~' Owner does [lot make any g'.larmty
or warranty, either express or implied, iliat compliance with one part ofbis specification guarantees that the
Contractor will meet the other aspects of the specification.
:2360.1
AU Sections titled 2360 also apply to 2350.
DESCRIPTION
This work consists of the construction of one or more pavement courses of hat plant mixed
asphalt-aggregate mixture on the approved prepared foundation, base cc:urse or existing surface in accordance with
the specitications and in confoImity with the lines, grades, thicknesses "~ad typical cross sections ShO\Vil on the plans
or ~stablished by the Engineer. Mixture desigr: will he either 2360 or 2:' 50 (gyTatory or Marshall) as described in
the ~~Pmr:~,iGr;~ j)r;;l';,illg,:i.:hrough the mixture designation.
A
ylixture Designations
ML'(ture designations for asphalt mixtures cof1tain the following L.l1formation:
( I )
The fust two letters indicate the mixture design type:
Sl' = GYTalury Mixlur:: Deslgn
LV = Marshall Mb:ture Design - Low Volume, 50 bt..\-v
:MV = Marshall Mixture Design -- Medium Volume, : 0 blow
SM = G)Tatory Mixture Design for Stone Matrix Aspilalt (SMA.)
(2)
The t.1ird and fourth leuers indicate the course:
WE = Weari.,Ilg and Shoulder Wearing Course
NW = Non-Wearh'1g Course
(3)
The fuib. lene! or number indicates the maximum agg'egate size":
A or 4 == 12.5mm [1/2 inch], SP 9.5 mm [3/8 inch]U
B or 3 == 19.0mrn [3i4 inch], SP 12.5 mrn [112 inch]'"
Cor 2 = 2S.0mril [1 inch], SF 19.0 illlll [314 inch]"'''
5 = 9.5m.m [3/8 inch], 4.75 mm [#4] nominal sze (Marshall design only)
E = See provision for S?vL\ design
~ Letter is used in gyratory designation; number is us" d in Marshall designation
"" 'Nominal maxil11um aggregate size
(4)
For Gyratory Design:
The sixth di.git indicates the Traffic Level (ESAL's x toO)
Th~ requirements for gyratory mixrures in this speciti :ation are based on the 20~year design traffic
level of th~ Project expressed in Equival~m Single A,;;Je Loads (ESAL's). The five traffic levels
are shmvn below in Table 2360.L-i\.
2360/2350 Combined Specification
December Y, 2003
T ndlic Level
2'
Table 2360.1-A
Traffic Levels
20 Year Desi2TI ESAL's (l x to' ESAL's)
< 1
l to <:
3 to < 1 )
10(0<::0
SMA
.. -. - - ...
y
4
5
6
l -- (.~Af)T #- 2300)
2 -- (2300< A.ADT <6000)
For Marshall Design:
The sixth and seventh digit indicate the Marshall desigr blows:
50 blow design tor borb LV and rviV mixtures
(5) The last two digits indicate rbe air void requITf:rnem:
40 = 4.0% for SP and S~1 Wear mixtures
35 --- 3.5% for MV Wear and \ou-Wear
30 = 3.0% for LV Wear and Non-Wear and SF Non-Wear fu'1d Shoulder
(6) The letter at the end of lie mixture designc.tion identifks the asphah binder grade:
A. = PO 52-34
B = PO 58-28
C = PO 58-34
D -= PO 58-40
E = PCI 64-28
F = PO 64-34
o - PO 64-40
H == PO 70-28
I = PO 70-34
L = PO 64-22
Ex: Gyratory MLxture Designation -- SPW"EB540E (Design Type, Lift, A~g Size, Trafflc Level. Voids, Binder)
Ex: Marshall Mixture Designatioo- L Vw"E35030B (Nii" T;;pe, Lift. Agf Size, Marshall blows, Voids. Binder)
Ex: SM.A. Nli'\.-:ure Designation -- SMW'CE6dOH (Design Type, Lift, Agf Size, Traffic Level, Va ids, Binder)
B
Minimum Lift thickness
jvl.ini.'11um paving lift thickness will be based on maxiffiilffi aggregate size:
Aggregate Size A, 4"; B, J~:
Aggregate Size 5":
Aggregate Size C, 2* (for non-wear only):
" Marshall designation
ML'1lmum Lift thickness"" 40 mm [1 V: inch]
yfinimum :"ift thickness = 20 mm l3/4 inch]
y[inimwn :"'ifc thickness = 65 m.rn [2 ~I:: inch]
2360.2
l\'L.\ TERIALS
A
Aggregate
Al
General
The aggregate shall consist or sound, durable particles (f gravel and sand, crushed stone and sand,
or combinations th~ri;;:Qf. It shall be fr.;e of objectionable matter such as c:ceta!, glass, wood, piastlc, brick, rubber,
and any ocher macerial baving si...rnilar characterisGcs. Coarse aggregate shail be free Erom coatings of clay and silt to
the satisfaction of me Engineer.
Page 2 of 4:)
1.360/2350 Combined Specification
December 9,2003
The Contractor sha!\nor compcnsatt:: for th::: lack of fl.'leS by adding soil materials such as clay,
loam, or silt. Overburden shail not be blended into the asphalt aggrcgat-:.
Each different material (source, class, kind, or size) Sf all be fed at a uniform rate from its storage
uni.t. }..n individual source, class, type, or size ot'marerial shall not be sl xkpile blended with another sou.rce, cla;s,
ty-pe or size of mareriaL
A2
Classification
The aggregate shall conform to one of the followi.ng classificati.ons. The class of aggregate to be
used shall be the Contractor's option unless otherwise speciried in the Cmrract.
Ala
r:lass A
Class A aggregate shall consist of crushed igneous bee rock (specifically; basalt, gabbro, granite,
rbyolite, diorite and an.dosite) and rock from the Sioux Quanzite format on. Other igneous or metamorphic rock
may be used ',.vith specific approval of the Engineer. Class A materials !!lay comain no more rhan 4.0% non-Class A
aggregate. TbJs recognizes the fuel. that semc quarries may contam sma i pockets of Jon-Class A material within
tb.at source. Intentional blending or addition ofTIon-Class A material is ;-trictly prohioitcd!
A2b
Class B
Class B aggregate shail consist of crushed rock from a: 1 ocher bedrock sources such as carbonate
anti metamorphic rocks. (gneiss or schist)
A2e
Class C
Class C aggregate shall consist of natural or partly cI"..l:'!led natural gravel obtained from a natural
gravel deposit.
A2d
Class D
Class D aggregate shall consist of 100 percenr crushed namral gravel. The crushed gravel shall be
produced from material retained on a square mesh sieve having an openhg at least twice as large as the
Specification pen-nits for the ma.ximum siZt: or the aggregate in the comF )site asphalt nllXD.lrc. The a.-:nount of
CaITfover (material finer than) the selected screen shall not exceed ten percent.
A2e
Class E
Class E aggregate shalJ consist of a mi:>..1:ure of any tv..'O or roore of the above classes of approved
aggregate (A, B, and 0). The use of Class E aggregate, as well as the relative proportions of th~ di fti:rent
constiment aggregates, shaH be subject to the approval of the Engineer. '''he relativc proportions of the constituent
aggregates shall be accurately controlled either by the use of a blending l:elt approved by the Engineer prior to
production or by separately weighing each aggregate duril1g batching operations.
A2f
Steel Slag
Steet slag may not exceed 25 percem of the lIlass of the toral aggregate. Stockpiles wi\! be
accepted for use if the total expansion, detennined by ASTM D4792, is Lss than 0.50%.
A2g
Taconite Tailings (TT)
Taconite railings shall be obtained from ore that is min d westerly of a north-south line located
ea","t ofBiwabik, 1vL.'1 (R15\V-RI6'vv"); except thar (aconite railings from ore mined in southweslem Wisconsin will
also be permitted for use.
Page ::3 of 4S
2360/2350 Combined Specification
December 9, 2003
Approved taconite tailing sources are on tile with the L'ep:mment Bituminous Engineer.
A2h
Scrap Asphalt Shingles
Scrap asphalt shingles may be included in both wear ar d non-wear courses to a maxL'1lUm of 5
percent ofille total weig...ht of mixture. Only scrap asphalt shingles fromnanufacturing waste are suitable. TIle
percentage of scrap shingles used '.\fill be considered par: of the maxL-:nun allowable RAP percentage. Refer to
Section 2360.2 G 1 to select a virgin asphalt bi....der grade (use requiremerts for> 20% RA P, regardless of total
RAP/shingle percentage). Scrap Shingle Specifications are on file in the Bitumi..'1ous Office.
A'l'
...1
Crushed Concrete and Salvaged Aggregate
Crushed concrete is allowed as an aggregate source fOJ up tu 50 percent of the aggregate in
non-wear mixtures. Crushed concrete is not allowed in wearing courses.
Salvaged aggregate is allowed as an aggr;;:gcle source br up to 1 00 percent of the aggregate in
wear and non-wear mixtures. All sdv<1ged <1ggr~gatt: shall be stockpiled uniformly to limit variation in mL\:turc
properties. Salvaged aggregates shall meet qu<:.li,' <1nd crushing requirer:len:s as s?ecified herein.
A2j
Waste Incinerator Ash (\VL"-)
\Vaste incinerator ash is al10wed as ar. aggregate sourc: in both ,vear and non-wear courses to a
oaximum of 5 percent of the total weight of mixture. Only \VIA that illt:ets the Tier II hazard evaluation criteria as
approved by .\1nIDOTs Office of Environmental Servic:;s, Envlronmenr: I Analysis Section, wiE be altowed for use
in the mixlure.
Approved waste incinerator ash sources arc on file witi; the Department Bituminous Engineer.
A3
Recycled Asphaltic Pavement Materials (RAP)
The combined RAP aDd virgin aggregate shall meet lb.. composite fine aggregate angularity or
calcdated cnlshed requirements (both coarse and tine aggregate) for the nixture being produced (calculated crusbed
allowed ror Marshall d<::sign only). K.'\J' contailling any objectionable mlteriaL i.e., road tar, metal, glass, wood,
pl[l5~ic, brick. fabric, or any other objectionable mareriai having similar c )2I9.cteristlcs will not be permitted for use
iIl. the asphalt pavement miC<.LUre.
.:.,sphalt binder coment in the RAP shall be detennined according to Mn/DOT Lab Manual Method
1851 or 1852.
B
Manufactured Crushed Fines (-4 material)
All Class A, B, 0, and E material that passes the 4.75 nrn [#4] screen \"ill be cODsidered as
crushed fines.
Munubdurd Crushed Filles (-4 material) from Class I; Aggregate. Produce manufactured
crushed tilles (-4 material) from a gravel source by passing the gravel ov:r a selected screen, 9.5 nun [3/8 inch] or
larger, prior to mecha[1ical crushi.ng. The material which passes the 9.5 nm [3/8 incb] screen shall not be
incorporated into the ma:.-lUfuctured crushed fmes bur may be used as it q!lalifies for natural sand. Tne amount of
carryover (matt:rial finer than) the selected screen shall not exceed ten pucent.
Tne material retained on the 9.5 mm [3/8 inch J screen;hall be crushed. The material that passes
the 4.75 mm [#4J scrt:en, after crushing, will be considered as [00% en!: :led fInes. Mau:rial retained on the 4.75
ram [#4] Sc:'een after crushing ""ill not be cOlU1ted as .,..4 crushiIlg umil te;red.
Page 4 of .J.S
2360/2350 Combined Specification
December 9,2003
c
Quality Requirements
Cl
Los Angeles Rattler Test .........................................................................-................AASHTO T96
The Los Angeles Rattler loss on the coars<: aggregate ft 'lct:on (material retained on the 4.75 mm
[#4] sieve shall not exceed 40 percent for <L."'lY individual source used witbin the mix. An aggregate proportion
which passes the 4.75 mm [#4] sieve <L.ld exceeds 40 pen:~nl LAR loss OJ. the coarse aggregate fraction is prohibited
[rum use ill the mixLure.
C2
Soundness (Magnesium Su I fa te).................................................._.........................AASHTO TI04
The magnesium sulfate soundness loss at 5 cycles on tl: e coarse aggregate fraction (material
retained on the 4.75 mm [#4]) shall not exceed tIle following for any indi"idual source used \vithin the mix: *
a) No more ban ]4 % loss aD 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 rum [1/2 inch] to 9 5 mm [3/8 inch 1 fraction.
c) No more th<L.: 23%, loss on the 9.5 mm [3/8 inch] to 4./ 5 mm [#41 fraction.
u) No more than 18% for the composite Joss. (Appli<.:s any ifull tb..ree size fractions are tested).
~ 1) if the composite requirement is met but one or more incividua1 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 th:: composite does not, the :;ourc.:e may be
accepted if the composite is no great::;r than llO~''O ofth;: requirement.
An aggregate proportion which pa::;ses the 4.75 mm [#4] sieve and exceeds the requirements listed
above on the coarse aggregate fraction is prohibited from use in the mixtlre.
C3
Spall Materials and Lumps ........................................ ..................MnfDOT Laboratory Manual
Spall is defined as shale, iron oxide, uI1S0UnG cherts, pyrite, highly weathered and/or soft phyllite
and argillite (may be scratched with a brass pencil), and other materials h lViD.g similar characteristics.
Lumps are defined as loosely bonded aggregations and clayey masses. If the percent of lumps
measured in the stock:pile or cold feed exceed the values listed below, asrhalt production shall cease and compliance
shall be determined by dry batching. This procedure may be repeated at my tL-ne at the discretion of ;he Engineer.
J\faxlmurn limits far Spall and lumps, expressed as peCi entJges by mass, are lisred in
Table 2360.3-B2a.
C4
Insoluble Residue Test................................................. ..................MnfDOT Laboratory Manual
If Class B carbonate material is used in the rnL.x, the milus 0.075 mm [#200] sieve size portion of
th.e insoluble residue shall not exceed 10 percent.
D
Aggregate Restrictions
Class B carbonate aggregate restrictions are specified 1:1 Table 2360.3-R23.
E
Gradation Requirement
rne coarse and flne aggregate shall be combined in such proportions to produce an asphalt
mixr'llfe meeting all of the n:quiremems defined in this speciiication and:hali conform to the gradation as detined in
Table 2360.2-t:. Gradation testing shall be conducted in accordance witr' .A.,ASHTO T-11 (-0.075 mill [-#200] wash)
and T-27.
Page 5 of 48
2360/2350 Combined Specification
December 9,2003
( /0 passing of total wasbed gnl a tlOn)
! Sieve Size I A or 4'" I B or 3 x Cor 2" I 5::r:: E
i (mIll [inch]) I (S\lA)
25.0[1 inch] ! I 100 See SMA Provisions
19.0 [3/4 inch] i 100 , 85-10('
i
12.5 fl/2inchl : 100 85-100 I 45-90
I
I 9.5 [3/8 inch] I 85-100 , 35.90 100
I , i - ,
i 4.75 [#41 I 25-90 20-80 2.0-75 i 65-95 I
I
I ~ " [1-'81 I 20-70 15-65 15-60 45-80
.L..JO f'r
I 0.Q75 [#200] I 2.0-7.0 I 2.0-1.0 2.0-7.C 2.0-7.0
Table 2J60.2-E
Aggregate Gradation Broud Jands
O' d .
"'Marshal! Designation
F
Additives
f'...:J. additive is any material added to an asphalt mixnre or material, such as mineral filler,
hydrated li.tne, asphalt additives, ami-strip, and simiiar products that d{, not have a specific pay iteIT.. When a
COnt7aCl requires additives, compensation is L."'lcluded with the pay it~n.s fur the appropriate mixture. If the
Engineer directs the Contractor to incorporate additives, the compcnsa:ion will be ilS Extra \\'ork, at the Wlit price
specified in the proposal. The D_;:::':'~::H::-,: O_wTler wiil not compensat: the Contractor for additives incorporated at
the Contractor's option.
Additives will not be incorporated Into the mixrure \1.irhout approval of me Depamnem
Biruminous Eng.ineer. Anti-foaming agents shall be added to asphalt c::merlt at the manufacturer's recommended
dosage rate. lvlineral filler and hydrated lime may be added in a quanti)! not to exceed 5 percem and 2 percent,
respectively, of the tetal mass of the aggregate. The combination of mineral tiller and hydrated lime shall not
exceed 5 percent of the tOlal mass of aggregate. Tne Engin.:er will apt rove or disapprove methods for addition or
additi ves.
F1
NUn eral Filler. ................ ...................... ........................ ............................................ .......... ....... 3145
F1
Hyd rated Lime ......................................................... ................................................................. 3145
Hydrated lime used in asphalt mixmIes shall meet lh.: requiremenis of ASTM C977 and have a
maximum of eight percent unhydrated oxides (as received basis). The nethod of introducing and mixing the
hydrated lime and aggregate shall be subject to approval by the Engine':r prior to beginning mixture production.
F3
Liquid Anti-Stripping Additive
Wne:J. u liquid anti-strip additive is addt;d to thl:: u:;plnlt binder, blendirtg shall be completed before
the asphalt binder is mixed with the aggregate. Liquid anti-;trip additi'ces that alter the asphalt binder, such that ir
fails to meet the Performance Grade CPG) require:nen:s. shall not be Us'~(l. Liquid anti-strip may be added by the
supplier at tbe refinery or by the Contracwr at the piant site. The compny/supplier adding the additive shall be
responsible for testing the binder/additive blend to msure compliance '.;ith the _A.A..SHTO M 320, Standard
Specification for Performance Graded Asphalt Binder, No paving will be allowed Imcil ,he asphalt binder/additive
blend has been tested and results show that binder/additive blend prop.;rties meet the criteria in Section 2360.2G.
The testing shaH be done i.11 accordance with a j'VLr.LiDOT approved Aspilalt Binder QC Plan. Requirements for the
Asphalt Binder QC Plan are on me in the Bituminous Office.
Page 6 uf 48
2360/2350 Combined Specification
December 9, 2003
The followbg requirements for f-':2vlA mixrure and as;: hal: binder must also be met when liauid
anti-strip is added at the H::'vfA plant site. . .
I)
2)
3)
4)
5)
6)
7)
8)
9)
F4
C
Mixture Requirements at Desi2'n:
1) The Contracwr must design the mixture with the same asphalt binder L.'1at will be supplld to the
plant site. (Both Laboratory MLxrure Design (Option lllliid Moditied Mixture Design (Option 2).
2) The Contractor must provide documentation with eim"r design option that includes Tensile
Srrength Ratio results with the iiquid anti-strip dosed ,it the optimal rate. Documentation must
include verification the binder/additive biend meets A \SHTO M 320 at the optimal dose rate.
Contractor Production Tesriu!Z Requirements for Asohalt liinder/LiQuid Anti-Strip Blend:
i) The Contractor shall, on a daily basis, sample and test Lle asphalt binder/ami-strip blend. Testing
of the blend can be by viscosity, penerration, or dynan ic shear rheometer (DSR). When a
pol)mer modified asphalt binder is specified, the Conl~actor shall use the DSR as the daily QC
test.
2) The Contractor shall, on a weekly basis, send the Engheer and lvlrjDOT Chemical Laboratory
Director a weekly QC report summarizing the results I .f the daily testing as required in number 1.
3) The ContrUclOr shall, on a bi-weekly D<isis, test the bir: jer/anti-strip blend to ensure compliance
'.\ith L1.e A_A.SHTO M 320, Standard Specification for )erformance Graded Asphalt Binder
(minimum IIproject). Test resuli:s shall be sent to the i~ngineer and .MIl/DOT Chemical
Laboratory Direcwr.
4) In addition to the samp1in8 requirements listed above, the Contractor shall obtain asphalt
binder/anti-scrip blend field verification samples accO! jing to 2360.4 E12.
Liq uid Anti-Strip Additive Metering System:
The metering system shall include a liquid ami-strip tl)W meter in additiun to an anti-strip pump.
Tne flow metershulJ be connected co the liquid anti-strip supply :0 measure and display only the
ami-strip being fed to the asphalt binder.
Tne meter readout shall be positioned for convenient cbservation.
There shall be a me:lns pro'.:ided for comparin.g the Dc .v meter readout with the calculated output
of the anti-strip pump. See number 7.
The system shall display in units of liters [gallons] to ;he nearest liter [gallonJ or in units of metric
tons [tons] to the nearest 0.001 metric tons [0.001 ton';], the accumulated anti-strip quantity being
delivered to the mixer unit.
The system shall be calibrated and adjusted to maintail an accuracy of:t one percent error.
Calibration shall be required for each plant set-up priG' to production of mixture.
The Engineer may require, on a daily basis. the Contr~lctor "stick" the anti-strip tank at the end of
the days production to verify anti-strip usage qua..Tltitie;,
The system shall provide for a convenient method for ;ampIing the binder/ami-strip after blending
has occurred.
Alternative blending and metering systems must be pr,~-ap~Jfoved by the Engineer
Coating and An ti-Stripping Additiye ....................... .................. ............................................. 3161
Asphalt Binder IV{aterial ......................................................................................AASHTO M 320
Asphalt binder makrial shalL meet the requirements 0:' PG asphait binder testing tolerances,
samplmg rates, testing proccdun:~, and acceptance criteria based on the most current :-,.fn!DOT T echnieal
l'vlemor..ndum, titled "Inspection, Sampling, and Acceptance ofBimroin,)us Materials." The PG asphalt binder
cannot be modified yvith air blowing procedures unless the Department Hiruminous Engineer approves it. The
COntractor shall not use petrolelL.'ll distillates such as fuel oil, diesel fuel or other fuels in the asphalt tanks. A
stutemerrt shall be provided bJ' the supplier for recommended laboratory Tui;(ing and compaction temperamres and
field maximum mixing and compaction temperatures.
Page 7 of 48
2360/2350 Combined Specification
December 9, 2003
Gl
Asphalt Binder Selection Criteria for All Mixture~. with RAP
64-22
i Virgin AsphaItBioder Grade to be used with RAP
! < 20% RAP ! > 20% R..\.P
i - 64. Z2 64-23
:-1'0 arade "ijustment No m-ade adiustment
Overlay
Specified PC Asphalt
Binder Grade
Other PG Grades
New Construction (1) I Specified PG Asphalt i Virgin Asphalt Binder Grade to be used with R.-\P
,
Binder Grade I < 20% R.~ > 20% RA.P
,
I 52-34 ! 52-')4 Not allowed '"
I 5 8- 2 8 I 58-~8 58-28
58-34 I 58-14 Not allo\ved ~
r
64-28 , 64-,~8 64-28
.. I
64-3.1 i 64-:4 Not allowed '"
Otner PG Grades No :rrade alii u~rr:Ient Not allowed ~
'"
\Vhen approved by the Engineer, the vir3in ~.:;phalt binder grace CD.l"! be selected by using; the blending chart
procedure on file in the Bituminous Office. MwDOT may tak,: production samples for
information/verification of compliance with a specified asphalt binder grade.
Includes cold L.'1place recycle, reclaiming, and reconsrruction.
(1)
2360.3
l\lLXTURE DESIGN
A
Mixture Design General
Dotions.
located.
The asphalt mix may b~ desig.ned using one of the foJ lowing two Contractor trial mix design
Review of mixture designs will be performed in the District Yarerials 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 responsibiEty to design a Marsh, 11 mixUln: in accordance with the mas:
current .D...A5HTO T-245, the Asphalt Institute's :\1ix Design \lethods fer Asphalt Concrete MS-2, <L"1d the rvirliDOT
Laboratory Manual such that it meets the requirements of this specifica:ion.
f or Marshall design, the design air void content of th.: mixture is dependent on the ffiLxture type,
regardless of the location in the pavement s:ruct'.lre. Design air void cOltent for LV and M\! mixtures is 3 .O'l-'O and
3.50,'0, respectively.
It is the COnlractor's responsibility to design a gyrator}; mixture in accordance with the most
currene f\:-\SHTO T-312, the Asphalt Institute's Superpave Mix Design Manual SP-2 (2-hour short term aging
period is used for volumetric), and the :\fn/DOT I .aboratory Manual SUI. h tbat it meets the requirements of th is
specification.
for gyTatory design, the design air void content of tl1<: mixture at design shall be 4.0~'Q at the
dcsign number of g)TanOnS (l'i'l<Slzn) for mixture~ placd in the upper 10) !11l'U [4 inches] of the finished surface. Tne
design air void content of the mix-ture at design shall be 3.0% at the des gn number of gJTations (Nde'i;?) for mixtures
placed \It depth:; more than 100 mm [4 inches] from the surface and on lil (wear and nonwear) shoulders that do not
carry tramc. If less than 25% of a layer is '.vithin 100 mrn [4 inches] 0: the surface, the layer may be considered to
be below 100 mm [4 inches] for mix design purposes (non-wear).
Page 8 of 48
2360/2350 Combined Specification
December 9,2003
Design Air Void Requirement for Gyratory Mixtures
i SP Wear I SP NO~l-wear i SF Shoulder"''''
Location from 100 [4' b]' I > 100 [4' h]'" I' .1\1.1 Wear and
<ur"'lUC'> ::;; rnm mc I mIr lnc N W-
~ _ I i ~ on- ear
Air Voids 4.0%' 3,(% 3.0%
... If less than 25% of a layer is withi.:l J 00 mm [4 inch esJ of the surface, the layer may be
considered to be below 100 mm [4 inches] for mLX de':ign purposes.
.... Shoulders that do not carry traffic.
B
Laboratory Mixture De.sign (Option 1)
Test results and documentation a~ de;:~cribed ill SectioL 2360.3C shall be submitted ",ith the
materials described below for wnsideration by the Departmem Biturrlln:)us Engineer or District Materials Engineer
to verify compliance with t.l:tese specL"ications and to issue a Mixture Dnign Report.
Hl
Aggregate sample
/~t least lS working days prior to the stan or asphalt p;'oducdon, the Contractor shall ~ubmit co the
Department Bimmmous Engilleer or the District Materials Engineer a 3' kg [80 pound] sample of representative
aggregate recaL.-led on th;: 4.75 mrn sieve [#4] and 3 15 kg; l35 pound] s<lmple of material passing the 4.75 rom sieve
[#4] for quality testing. The Contractor shall provide 24 hour notice ofment to sample aggregates. TIlese samples
will be tested for quality of each source, class, type, Ulid size of virgin a;:d non-asphaliic salvage aggregate source
used in the mix design. The Contractor shall retain a companion sampk of equ<il size illltil a Mixture Design Report
is issued. Quality requirements are defIned L.! Section 2360.2C.
Aggregates that require the magnesium sulfate soundl!ess test shall be submitted to the
Department Bimminous Engineer or District Materials Engineer at le;:ast 30 calendar days prior to the start of asphalt
production. Dispute resolmion procedures for aggregate qualities are Oli file in the Bituminous Office.
B2
Mixture sample
At least 7 working days prior to the start of asphalt prl:duction, the ContractOr shall submit in
''/Titing a proposed Job ;\-Ex Formula (JMF) for each combi.nation of agFegares co the Department Bituminous
Engineer or District i\'laterials Engineer [OT review. A Level II Quality :'ilanagemem mi.:x designer mllst sign the
proposed J::YL."'. for each ]:VfF submitted, the Contracwr shall include te.;L data to demonstrate conformance to
mix.rure properties as specified i.n Table's 2360.3-82b and 2360.3-B2c. The proposed JMF shall be submitted un
forms approved by the Department. Tn addition. the Contractor shall su:,mit an uncompacted mixture sample plus
briquettes compacted at the optimum asphalt content and required com~ lCtive effort conforming to the J1\.1F for
laboratory examination and evaluation. Mixture sample size and numbn of compacted briquettes are as follows:
Item
Un-comoacted Mixture Samole Size
Number of oompacted bri uettes
Marshall Design
18 Kg [40 pounds}
3
B2a
Mh:tu re Aggregate Requirements
Tne aggregate fractions shall be sized, graded, and cO.nbined in such proportions that the resulting
mixture will meet the requirements listed ioi Section 2360.2-E and Tabk 2360.3-B2a shov,rn below.
Page 9 of 48
2360/2350 Combined Specification
December 9,2003
Table 2360.3-B2a
Mixture Aggregate Re uirenents
I I TratIlc i Tram< i Traffic I Traffic i SYIA
Aggregate Bknd Property Level 2& LV I Level 3 & MV Level 4 I Level 5 I T. Level 6
I i
I I I i 3 - 10 10 - 30 I See SivL.;
20 year Design ESAL's <1 million I - 3 mUron i
I I million million Provisions
I
I Coarse Aggregate Angularity i - i
I
I (ASTMD582!) 30/- I 55 ./ - 85/80 95 ! 90
(one face / two fac:.;), %- \1.( ear I -
(one face / two face). %- Non\Vear 30/- I 55 / - 60/ - 80/75
Fine Aggregate Angularity (FAA)
(AASHTO 1304, Method A) %- Wear 40(:) 42(1) .:11 45 -
."T
%-Non-Wear 40\:) 40(1) ! 40 40
flat and Elongated Particles, max""! % I I 10 , 10 10
- I . I
by weiiilit, (ASTM D 4791) (3:1 rati,)) ; (3: 1 ratio) (3: 1 ratio)
C1av Contentt~) (Af\SHTO T 176) I - i - : 45 4' - I
..J I
- I . . I
! :
Total Spall in fraction retained on the I I ;
4.75mm [#.41 sieve 5.0 2.5 1.0 l.0 - !
Ma;xiinUl11 Spall Coment in Total I 5.0 I 5.0 1.0 1.0 -
Sample
Ma.Th-r:um Percent Lumps in fraction I I I
0':; I 0.5 0.5 0.5 .
retained on the 4.75mm [#4] sieve i
;
Class B Carbonate Restrictions I
I
Max.i.mu!n'7o -4.75mrn [-#4] I I
i
i ,
Final Lift! All other Lifts 100/100 I l OOil Otl 80/80 50/80 , -
Ma.xirnum% ~A.75mm [+#4] I I I
Final Lift!All other Lifts 1 DOll 00 100/1011 50/100 onoo - :
\ I
! !
G\TalOrv
Ma.x. allowable Rf\P percentage 30/40 30/30 3 0/3 0 30/30
Wear i Non Wear
i\'f.ars h a 11 I
Max. allowable RAP percentage 30/40 30/30
i
\Vear / Non \Vear i
(1) For Marshall design, the Contractor may determine -4 cr.!shir g by either FAA of uncompacted voids or
calculation of crush from the composite bleed. Thc choice m.lsr be made prior tu start of production.
Manufactured cn.lshed fLnes requirement is 25%. RAP sand v.ill be considered 500/0 crushed if the
uJlgularity index equals or exceeds 40, and lOO% crushed iftl:e angularity index equals or exceeds 45.
(2) Not applicable under Marshall design.
B2b Mixture Requin:rneuts
Mixture evaluation wi.ll be based on the trial ml'i: te its a.-Jd the corresponding requirements listed
in Tabk 2360.3-B2b iiJ."1d Table 2360.3-B2c.
Page 10 of 43
20 yt:ar Design ESAl,'s
GyTarory .tvlixture Re uirements
Gyrations for Ninirial
G'rTations for Nd"ie::J
GyTations for N"':L1:l.'!1=
Air Voids, ?/c -- Wear
AU- Voids, % -- Non-Wear &; All
Shoulder
% G= at N\.cical- Wear
% Gmm at Niniti;r Non-Wear &
All Shoulder
~/o Gmm at N:::a.=u:n- \Vear
% Gmm at N:::"-~1l- NonWear &
Ail Shoulder
Tensile Strength Ratio \ii, min%
I Fines/Effective Asphalt
VFA. % -- Wear
NonWcar
Marshall yuxture Re
Marshall Blows
Air Voids, %
Tensile Strength Racio;' " min%
Stability, minimum Nib f]
Fines/Effective Asphalt Wear
Non- \l/ear
Table 2360.3-B2b
ML'Cture Re uirements
Trame L<::v<:1 Traffic Level I Traffic Level
2 3 I 4
< 1 million 1 - 3 million I 3 - 10 million
!
2360/2350 Combined Specification
December 9,2003
6 i 8
40 60 90
60 90 140
d..0 4.0 4.0
3.0 3.0 3.0
$ 91.5 ::; 90.5
:::; 92.) :::; 91.5
:s 98.0 s 98.0 :::; 98.0
S; 99.0 S; 99.0 ::; 99.0
75('-,1 7)"2, 80'))
0.6 - l.2 0.6 - 1.2 0.6 .1.2
65 - 78 65 - 78 65 - 76
70 83 70 - 83 70 - 82
LV MV
50 50
3.0 3.5
70' , 70\';'
5000 11251 6000 f1350]
0.6 - l.30 0.6 - 1.30
0.6-1040 0.6-i.40
Traffk Level
5
lO - 30
million
S,'viA
T. Leyel 6
See SlvL,;"
Provisions
8
100
160
4.0
3.0
::; 90.0
::; 91.0
::; 98.0
::; 99.0
80i>
0.6 - [,2
65 - 76
70 - 82
(I) See Section 2360.4 E9. Use ls0mm [6 inch] spe';;imens for g;ratory and 100rnm [4 inch] specimens for
Marshall design.
(2) .\ill/DOT Min- == 6S. i)) iY1nJDOTMin == 70, H Mn!DOT Min '" 50
B2c \"yg Criteria
The voids in minerai aggregate (VMA) of the mixture at design and during production shall meet
tb.e mi.nimum criteria as shO','{!1 m Table 2360.3-82-:: at the specified conpactlon level. VMA shall be calculated
according w the procedures outlined in Asphalt Institutes SP-2 or MS-~ manual. VMA is a design and
accepta...'1ce/process control relluiri::llli::Uc'
Table 2360.3-B2c
Voids in Mineral Aggregate (VIYIA) lYIixtll re Re uirements
Fine Mixture I VyU,- I~ Coarse Mixture
~.;, Pass 2.36 mm [#8 Minimum' % Pass 2.36 mm [#81
>47 IS.0*" ::;47
> 39 I 14.0 I s: 39
>35 13.0 I ~35
'j 15.0"'" I
I C
Gradation
A or 4 ~
B or 3 ~
Cor 2"
5:::
\1;vL,;"
Minimum
14.5*
13.5
12.5
E See SMA Provisions
.. Marshal] desi gnation.
""For LV 4 and LV 5 mixes lower V;\-L\ requirements by 0.5%
Page 11 of48
2360/2350 Combined Specification
December 9, 2003
B3
Tensiie Strength Ratio sample
Mixture or briquettes that represent the mixrure at opti:r:urn asphalt content, shall be submitted at
least 7 days prior to act'clul production for verification of mOlsture sensitiriry retained tensile strength ratio (TSR).
Material submitted for TSR verification may be tested for maximum spe.:ific gravity G",m complial1ce 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 !O provisions descn:)ed in Secti()n 2360.3C. One of
t.he following options may be used to verify that the tensile sttength ratio (TSR) meets the requirements in
Table 2360.3-B2b.
Option A) The Contractor will batch material at thc deign proportions including optimum asphalt.
Immediate!y (before cuzing) spiit the sample and allow samples to cool t:l room temperature. Submit 35 kg
[77 pounds] of mixture to the District Materials Laboratory for curing a1" d test verification. Both groups \vi1l use a
two (2) hQur cure time (:: 15 minutes) at I44"C [2900F] and follow procdures in ASTM D 4867-92, lvin/DOT
modified as defmed in the Mn/DOT Laboratory Manual.
Option B) Thc Contractor batches, cures (as indicated in option A), compacts, and submits
briquettes and u11compactcd mixture as specified below.
TallIe 2360.3-B3
Option B Mixture Requiremnts
Item I Gyratory Design
! Un-compacted Mixture Sample Size I 8.200 ~.
! Number of compacted briquetksl'.l I 6
I Compacted briq'clette air void content I 6.5 - 7.5%
(1) !50m..'n [6 inch] specimens for gyratory design
100rrml [4 inch] specimens tor Marshall design
.Marshall Design
8.200 g
':!
6.0 - 8.0%
B4
Aggregate Specific Gravity .....................................AASHTO T84 and T85, MruTIOT Modified
The Contractor shaH determine the specific gmvity of dl aggregate used in the mixture.
c
Documentation
Each proposed JMf submitted for review under Sectioil 236U.3B and 2360.3D shall L'1clude the
following document.ation and test results.
(I) The name(s) of the individual(s) responsible for the Qllaliry Conrrol of the mixlure during
production.
(2) The low projects number on which the mixture will be used.
(3) The percentage in units of 1 percent (except the 0.075 :nm sieve [#200J in units of 0.1 percent) of
aggregate passing each of the specified sieves for each aggregare to be incorporated into the
mixture. The gradation of aggregate from salvaged asrhaltic material shall be derived from the
material after the residual asphalt has been extracted.
(4) Tne source and description orthe materials to be used. The: aggregate pit or quarry source
number. The proportion of each material (in percent oi' cotal aggregate).
(5) The composite gradation based on (3) and (4) above. l'[ote: Include virgin composite gradation
based on (4) and (5) above for mixtures containing R..~ P.
(6) The bulk (dry) and apparent specific gravities and water absorption (by % weight of cLry
aggregate) of both coarse and fine aggregate, for each :lroduct used in the mi..xture (including
RA.P). Use AASHTO T-84 and T-SS MniDOT modifi,:d as defined in the tv1nlDOT Laboratorj
Mil.J.1.ual. The tolerance allowed between the Contractc:' sand t.lte Depa.rrmcnt's specific gravities
are G,j (individual) = 0.040 [-'-4 f..:ND -4] and Gsb (con:bined) = 0.020.
(7) The composite gradation pioned on a FHWA 0.45 pover chart. (Federal form PR-!!!5)
Page 12 of48
236012350 Combined Specification
December 9, 2003
(8) F or mixtures containing RAP include extracted aspba!t binder content of the Ri\'P with no
retention factor included.
(9) The perc<:ntage (in wilts of 0.1 percent) and PG grade of asphalt binder material to be added,
based upon t.he total mass of the mixture.
(10) Wuen using laboratory mixture design Option 1 (23M .3B) or Option 2 (2360.30), include t~e
following:
(a) A minimum of three different asphalt biIlder :unlents (minimum 0.4 percent between
each point), 'vvith at least one point at, one ab)ve and one below the optimum asphalt
binder percentage.
(b) The maximum specific gravi:y at each aspha t binder coment. The theoretical maximum
specific gravity used for percent air voids de'errnination shall be calculated based on the
average of the effective specific gravities me lSUIed by a minimum oitwo maximum
specific gravity tests at the asphalt contems "bovc and below the ex-pected optimum
asphalt binder content.
(c) The test results for the individual and averag:: bul.k 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 bu. k specific gravity, denSIty, height, stability,
and fk)w of ill lcasr three specimens at each <!sphalt binder coment.
(d) The percent air vOlds in the mixture at each (Isphalt birIdcr content.
(e) The percent Voids ia Mineral Aggregate CVMA) at each asphalt binder content.
(f) The fines to Effective Asphalt (F/ A) ratio ca culated to the nearest 0.1 percent.
(g) TSR results at the optimum asphalt binder centent.
(h) Graphs showing air voids, voids in the mineral aggregate, Gmb, Gmm and unit weight vs.
percent asphalt binder content for each ofthl three asphalt binder contents submitted
with trial mix.
(11) Optional Add-Rock/Add-Sand Provisions
lIthe Contractor chooses CO use the add-muteriul opti"n to augment the submitted J1vIT, the
Contractor shall provide samples of the aggregate for 1uality analysis in accordance with Section
2360.3 B 1. The Contractor shall provide mix. design data for two additional design points per
add-material. One poine shall show a proportional ad)usrment to the submitted flvfF that includes
5 percent, by mass, add-material at the S?vIT optimum asphalt percent. The second point shall
show a proportional adjustment to the submitted J1vfF that includes 10 percem, by mass,
add-material at the nva: optimum asphalt percent. Tbe following information will be reported for
e3ch of these two points:
(a) The maximum specific gravity (average OftiO tests).
(b) The test results for the individual and averag l bulk specific gravity, density, and height of
at least t'NO SpeCLi'I'Xn5 at the optimum aspha t binder content. For Marshall design
include the test results for the individual and average bulk specific gravity, density,
height, stability, and !low of at least three sp':cimens ar the optimum asphalt binder
content.
(c) Tne percent air voids in the mixture for each POL.'1t.
(d) The Fines to Effective Asphalt ratio caiculat;:d to the nearest 0.1 of a percent.
(e) Coarse and Fine Aggregate crushing counts
Up to tWQ add-materials will be allovied per mix desil~ submittal. Aggregate quality and rnix
characteristics are required for each proposed add-ma :eric.l and shall be submitted at the time of
the origL'1al trial mjx submittal. No mixture sample O' briquettes are required for these two
additional points.
Page i:; of 48
2360;2350 Combirled Specification
December 9, 2003
Additional Documentation For:
Gyratory Design
(Gl) The test results from the composite aggregat'~ blend at the proposed IlvlF proportions
indicating compliance "'1L.1 Coarse Aggrega1 ~ Angularity and Fine Aggregate Angularity
as sho\vn in Table 2360.3-B2a.
(G2) The design traffic levei and the initial, design, and maximum number of gyrations Ninitial,
l'LJcsigm and N u;aUll':'\;'lI~'
(G3) The temperature ranges the mixture is intenc ed to be discharged from the p1at1t and
compacted at the roadway shall be provided )y the asphalt binder supplier. Temperatures
to be included are, laboratory mixing and co'npaction temperature ranges and maximum
field mL"<.ing and compaction temperatures.
(G4) Evidence that the compLeted mixture wilt cO'lfoffil lU all specified physical requirements
as follows:
Design air Voids (Va), V?vlA., VI A, TSR, F,A. (Filles to effective asphalt ratio),
Densification %G= arNen;';,'i, Nne';h'11' and N~ ,,;U1I:='
(G5) Labeled gy'Tatory densification tables and c'J::ves, geni::rated from the gyratory compactOr,
for all pointS used in the mixture submittal.
Marshall Design
(M l) The test rcsults from the composite aggregat:: blend at the proposed IlvlF proportions
indicating compliance with fine aggregate aIigularity 1.L.'1compacted voids as shown in
Table 2360.3-B2a. Or calculuted -4.75 mm-i14J cmshing from the composite blend of
the proposed JMF. Selection of either FAA :)[-4.75 rr..rn [-#4] crushing shall be made at
the time ofrnix design submittal. This selec:ion ',vill dicrc:ue the choke of method used
for determination of compliance and acceptalce for the duradon of time the Mixture
Design Report is in force. R~P sand will be considered 50% crushed if the angl.liarity
index equals or exceeds 40, and 1009;' crush-.:d if the angularity index equals or exceeds
45.
D
Modified Mixture Design (Option 2)
Test results and documentation as described in Sectio1 2360.3C shall be submitted to the
Depamm:nt Bituminous Engineer or the District Materials Engineer co ',erify compliance with mix design
requirements and issue a i\tlL'( Design Report. Mixture submittal is not required. The Contractor may use this option
if all of the follov'iillg conditions are met:
a)
The aggregates in the proposed Mix Design Report h, ve been used, in par.., in other Mix Design
ReportS. Additionally, the aggregates must have beer! previously tested for and meet all applicable
quality requirements in the current construction seasOJ.
b)
Tne Level II mh designer submining the mixture desgn must have a minimum of2 years
experience in IllLxmre design.
c)
Tne Contractor and his representatives cannot have vi Jlated the requirements of 1512
Unacceptable and Unaurnoriz::u Work re lating to mix:ure design or mixture production within the
last 12 month period.
D1
JMF Submittal
At least 2 working days priQr :0 r..l:le start of asphalt pr)duction, the Contractor shan submit in
"'Tiring a proposed Job Mix Formula (J1viF) for each comb illation of ag:;regares to rhe Department Bituminous
Engineer or District Materials Engineer for review. A Level II Qualirf vlanagement mix designer must sign w1is
proposed flvlF. For each JMF submitted, the Comractor shall include d,)Cumentation as outliI1cd in Section 2360.3C
Page 14 of 48
2360/2350 Combined Specification
December 9, 2003
to demonstrate conformance to mi.xrure propercies as specifIed in Table 2360.3-B2b and 2360.3-82c. The proposed
J1vfF shall be submi~ed on forms approved by rhe Department.
D2
Initial Production Test Verification
A: the start of production, the testing frequency for tn;: Hrst 1.800 metric tons r2,000 tonsl of each
mix type shalL be as specified in Table 2360.4-D.
All mixture placed on ;. ~::,;DO~' thi: O',n~'r':; project5 shall meet the specified qualir)' indicators
and required field densiry'. Failure to do so will result in reduced payawnt or removal and replacement with
acceptable material.
The ~a:f'?'n..,ffi- OViTIar shallt<L'<.e a mix verification. ample within the first four samples at the
start of production of each mix type.
D3
Tensile Strength Ratio sample
See Section 2360AE9
D4
Marshall Stability (Ylarshall Design Only)
On tbe first day ofprociuction, for each different mix :Iesign, lit the same time the verification
sample is obtained, an additional sample shall be obtained for ~l"a,,1'E""i*- OwnC;Levaluation of Marshall stability.
This sample may be tested at tb.e discretion of the lJi:::ic:~\aTerH=+:' r:C:,i:::_''':: E!lgill~. The Contractor is not
required to test stability on ptoduction mixture.
Lfthe Marshall srability fails to mc;c;tlhc minimum recuirements as listed in Table 2360.3-B2c the
Contr3cwr shall StOp production i..rlli-nediarely. The Contractor wi]] be [','quired to submit a revised mix design, with
bitumiIlOus mixture at optimum asphalt contem, to tne District Material: Laboratory. If the mi.:xture meets the
minimum stability requirement production may be resumed.
If the stabiiiry fails the second time, the Mix. Design F:eport will be revoked. The Contractor will
then be required to submit a new mix design according to Laboratory Mixture Design 2360.3B, Option I. A new
Mi., D<:~ign R<:port will be issued upou successful vel-ification of the ne'',' mixmre design submittal.
E
Mixture Design Report
A '["fixture Design Reporc consists oftJh.e Jj\fF (Job Mix Formula). The JMF includes composite
gradation, aggregate component proportions, asphalt binder content of be mixture, design air voids, Voids ill
Mineral Aggrcgnte, and aggregate bulk specific gravity values. JMf linits will he shmvn for gradation control
sieves, percent asphalt binder content, air voids, and VMA. Issuance of a Mixture Design Report confirms the
mixrure has been reviewed for and meets volumetric ?ropenies only. N) guaranty or warranty, either express or
implied, is made reg::rrding placement and compaction afrhe mixture
/'_ Department reviewed Mi.x:ure Design Report is n::q Jirc::i for all paving except for small
quantities of material provided under Section 2360.5H. All submitted n:aterials must meet aggregate and mixture
desig.,."1 requirements before a Yl1xrure Design Report is issued. The Der artrnent \vili review t\VO trial mix designs
per mix type designaTed in the plan, per Contract at no cost to the ConLr'.cwf. Additional mi.'( designs will be
verified at a cost of $2000 per design, payable to the Commissioner of ~'ransportation.
For city, county, and other agency projccts, the Contr:ctor shall provide to me District Materials
Laboratory a complete Proj eet proposal inc1udirlg addenda, supp1ementd agreements, change orders, and 3.i'1Y Plan
sheets (including typical sections) that affect me mix de5ign. The Depaitment win not start t.he verification process
without this information.
Page 15 of 48
2360;2350 Combined Specification
December 9, 2003
236004
l\>ILXTURE QUALITY MANAGEMENT (Quality Control/Quality Assurance)
A
Quality Control <QC)
The Contractor shall provide c.nc mai.nrain a quality ci,ntrol program for H..lvrA production. A
quality conaol program is def.ned as all activities, induding mix design process conaol inspection, sampling and
testi..,g, and necessary adjustments in. t.be process that are related :0 the jToduction of a hot mix asphalt (1-TIvL,;,)
pavement which meets l:.L~e requirements of the specifications.
Al
Contractor Certified Plant HMA
Ala
Certification Procedure
The Contractor shall:
(1)
Complete application form and request tor pl3.nt inspe :tion.
(2)
Provide a site map of stod..ll~le iocations.
(3)
Pass plant and testing t~cility inspection by having the Plant Inspc:ctor and Bituminous Plant
Authorized Agent complete and sign the Asphalt Plan inspection Report eTP 02142-02, TP
02143-02). By signing the Asphalt Plam Inspection Feport, the I:-L'vL'\ plant authorized agent
agrees to calibrate and mainwln ,,] plant and lahoralo;y equipment within allowable tolerances set
forth in L1ese specifications, Standard SpecificaTions f,)r Construction, and the MniDOT
Bituminous Manual.
(4)
Ob:ain a Mixture Desib'11 Report prior tu production.
Alb
Maintaining Certification
To maintain certification, the plam must produce, test and document all certified plant asphalt
mixtures in accordance with the above requirements on a continuous ba:: is. Contin.uous basis means all asphalt
mixtures supplied from a cerrified plant to any D~pl::-'HBeR~-project with 2360 asphalt mixtures must be sampled and
tested in accordance with 2360 requirements and the Schedule of Mater :lIs Control.
Tue Contractor shall assure the plant ccrtilication procedure is performed annually after WL'1ter
suspension and berore produci.ng material for a Project. In addition, a ii'51-day sampling and testing frequency rate
as stated in Table 2360.:1-D shall be followed.
The Contractor shall recertify a plant when it is movel to a new location or a previously occupied
1ocarion.
Ale
Revocation of Plant Certification
The Depamnent Construction Engineer may revoke clrtiiication of an asphalt plant when
requiremems are not being met or records are falsiiied. The Depamnen: may revoke the Technician Certification
for the L1.dividual involved.
The DepQ.~em Bituminous E:1gineer and Depar:men: CQfltTact Administrator will maintain a list
of companies who have had their asphalt plant cerrification revoked.
B
Quality Assurance (QA)
Tue D2p~:-:'':;::: Ch..-ner Viii! pertonn QA testing as pn ofLfJ.e acceptance process. Tue En;::ineer
is responsible tor QA testing, records, and acceptance. The Engineer w: II accomplish the QA process by:
Page 16 of 48
2360/2350 Combincd Specif.cation
December 9, 2003
(1)
(2)
(3)
(4)
(5)
(6)
Conducting Quality assurance and verification sampliTig and testing.
Observ-ing sarIloling and tcsts oerformed bv the QC oe:'SoHllel.
Taking additio;'al s~ples at ;ny tirne and'any 10l:atiol during production.
r.(onitoring the required QC summary sheets and contr}l chms.
Verifying calibration oflaboratory testing equipment.
Communicating :.f;-.:::;(;-;:". C);.yner test results w the Ccn;:ractor's QC personnel in a tL.'11ely
maimer.
Ensuring Independent Assu:ance Siimpling and testing requirements are mc:l.
(7)
C
Contractor's Quality Control
CI
Personnel Requirements
Along with the proposed mix design data, the Contracl:Jr shall submit to the Engineer an
organizatiunal chart listing the names and phone numbers of individuals md alternates responsible for mi.'<. design,
process comrol acJ.rnipjstrution, and inspection. The Contractor shall alsc post a current organizational char: and if
required by the Engineer, post a daily roster or individuals performing Q::: testing in the Contractor's test facility.
The Contractor's quality control organization or privat l testing fL--m shaU have Certitieu
Technicians who have met the requircments on file with the Depar:mem s Technical Certification program.
LtldiYiduals pe,fol1Ili.'13 process control testing must be certified as a Lev II T Bituminous Quality Management (QM)
Tester. Lndividuals performing mix: design calculations or mix design adjustments must be certified as Level II
Bituminous QM Mix Designer. The Contractor shaH have a Certified L.ve1ll Bituminous QM Mix Designer
avaiJahll: to make any necessary process acljusrrnents. The Contractor stall have a minimum or one person per
paving operation certified as a Levelll Bituminous Stn:et Tnspector.
C2
Laboratory Requirements:
The Contractor shall furnish and maintaL'1 a laboratof)' at the plant site or other site as approved by
the EngiIleer. The laborawry shall be furnished v{ltll the necessary equirment and supplies for performing
Contractor quality contro 1 testing. The laboratory equipment shail meet :he requirements listed in Section 400 of the
Mn/DOT Bitul'TIllOUS Manual and these specifications, including having extr<\ction capabilities. The laboratorj shall
he calibrated, and operationai prior tu the beginning of production. In at clition to the requirements listed above, the
laboratory shall be equipped with a telephone for use by the Contractor I..r the Engineer. A fax machine and copy
machine shall be available for use by the Contractor or the Engineer at ti',e laboratory site. The laboratory shail also
include a campu:er and printer. The computer shail h:lYe the following ]~inimum requirements: 1) lmel based with
ei,her Celeron or Pemium IV processor with a mi...'1imum processor speel. of 1.8 MHZ. 2) CD "Titer with CD/R \V
capability 2l'1d a minimum \Illite speed of 16x. 3) Windows 2000 or Whidows 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 arld testing devices to conflITI1 both calibration
and condition. The Contractor shall calibrate a..'1d correlate all testing cq lipment in accordance with the latest
version of the MrJDOT Bituminous Ma.rlUa1.
D
Sampling and Testing
The Contractor shall ensure that all QC samples are taicen at random locations. Random number
generation and determination of random sample location shall be comis:ent with the Mn/DOT Bituminous Manual
Section 5-693.7 Table A or Se<.:tion 5 of ASTM D3665. The Engineer nay approve alternate methods of random
number generation.
The tests for mixture properties shall bt.: conciucted all representative portions of the mL'\, quartered
from a larger sample of mixture taken from behind the paver, or when a:lproved by the Engineer, an alternate
sampling location. The procedure for truck box sampling, an alternate ~ illlpling location, is on file in tb.e
Birummous Offlce. \V'rrerr an alternate sampli.l,g iocarion i~ approved arld used by the Contr:dctor, the daily
verification sample must still be taken from behind the paver.
Pa.ge 1 i of 48
2360/2350 Combined Specification
December 9, 2003
The Comrac:or shaH obtain a sample of 2.t least 25 kg [55 pounds]. To.is sample may be either
split in the field or transporred to the test facility by a method to retain beat [Q facilitate sample quanerJIg
, procedures. n,e Contractor shall store and r.etain mix:ure bulk samples and companion smnples for the DeF";.n,:,,:
EO!2ii'1S..er.for a period of 7 workiTJ.g days. The Contractor shall maintai:c these split samples in comai..'1ers labeled
with companion numbers. The Contractor shall perform QC sampling ,Iod testing according to the following
schedule.
Determine the planned tonnage for each mixture to b(' produced during the production day.
Divide the pla.nnd production by 1000. Round the number to the next iilgller whole nunlber. This number \llill be
the number of production tests required for that mixture. Required production tests are listed in Table 23/'i0.4-F..
Split the planned production into even increments and select sample loc ltions as described above. If actual tOllilage
exceeds planned tonnage additional tests may be required. During prod']ctioo, mixture volumetric property tests
will not be required when mix production is less than 270 metric tons POQ tons]. However, production tests will be
required when the accllil1ulative tonnage on successive days exceeds 27) metric tons [300 tOllS].
/\.t the start of production, the t,,~ti..TIg fr~quency forth,: tirst 1800 metrit; tons [2,000 tons] of each
mix ty-pe shall be as follows:
Production Test
Table 2360A-D
Production Start-Up Testing Hates
Testing Rates
1 test per ~50 metric tons (500 tons]
Test Reference i Section
AASHTO 1'312,T] 66 :VinJDOT 2360.4 F,2
muuified
.A..ASHTO T?09 IvL'lJDOT modified ?3604E3 1
A...ASHTO 1269. 1312 2360.41::4
Bit & Lab !v!arlUai 2.360.4E 1
Al MS 2. & SP 2. 2360.4E5
.V.S HTO Ill, rn, l30MrJDO l modified I 2360.4E6
ASThf DS82I i 2360.4t. 7
I
.~.ASHTO T304, Method A 2360.4E8
Buik SpCCUlc GraVity
NJaxlmum SDccific Gravity
i\ir Voids (calculated)
Asonal! Comen:
V:VL'\ (Calculated)
! Gradatiun
Coarse ,,~Q2JeQate .A..nguIariry
Fine Aggregate Angularity
(FA-A)P)
(1) Marshall design allows -4.75mm [-#4] manufactured crushed fines calculation per N1n!DOT BituJuinous Manual
1 test per 450 metrit; tons (500 tons]
i test ner 450 metric tens fSOO tons]
! test Der 450 merri<.: lons [5UO tonsl
1 test ner .+50 meuic tom [500 tons]
1 test ner 900 metric ton:; r 1 000 tons1
1 test Der 900 metric tons r I 000 tons J
1 test per 900 metric tons [1000 rons]
E
Production Tests
\'Inen more than one 1v1.n!DOT approved test procedu'e is available, the Contractor shall select,
with the approval of the Engineer, one method at the beginning of the F -oject and use that method for the emin:
Projecr. The Contractor and Engineer may agree to cb.::.nge test procedrres during the construction or the Project.
Page 18 of 48
I Test Reference
I A'\SHTO T312, T245 T166
. Mn/DOT mod
, Ai\SHTO TIO'} :VlnlDOT
modified
I AA,SHTO '[269, nI2
i Bit & Lab Manua!
AI !viS 2 & SF 2
AASHTO Tll, 127,
I T30\<LlfDOT modified
I AST:VI D582 [
I A....\::iHTO T304, \kthod A
ASTM D4R67 tvirJDOT
modified
A'\SHTO T84 & T85,
\-tIlJDOT modifled
! Daily unless exempted by Engineer I lvfwDOT 5-693.950 j2360AE 11 I
Sample IS< lOild (each grade) L1cn I per I,OOO,OOO litr I MniDOT 5-693.920 I' 7"604E .., l
...uphaJ( Bi.nder f250,OOO gallon-sample size I quart.]. .. _J . L I
(I) Marshall design allows -4.75mm [-#4J rnailufactured crushed filles ,alc\ilation per rvWDOT Bituminolls Manual
Table 2360.4-[
Production Sampling and Testin:~ Rates
Production Test
I SamplingiTesting Rates
I Dividerhe planned ?:o.duction b;' 1000. Round the
numaer to the next n,gner ',,'hole number.
!
I
I Bulk Sp<::cific Gravity
I Maximum Specitic
Gravity
I Air Voids (calculated)
! Asohalt Content
i 1/;YL~ (CaLculated!
Gradiltion
11 ~~dation pe~ .1,80? mctric,tons (2,000 tons], or
:JO"lon thereOllffilOlmurn or one De, day) .
12 teStS/day for a. mini.mum of 2 days. then I p<::r day U'
. c'.l.....'\ is met. If CA:\ >8'% or requiremenr, 1 sarllpl<::!,hy
but teSt l/week.
..--
2 restsJday fur a minimum of 2 days, L'1cn l per day it'
F :v\ is me,. If F .A_A. >5% (")f requirement. I sampleliay
but test I!week.
I ]" semple at 5,000 ton3 or by second day of prodUCri'.lil.
! then samole at everv l8.000 metric tons 120,000 ton!;
Coarse Aggregate
A.ngularity
Fine Aggregate
.\ 'no-'u1 ';-r~ v (T: c\ '" ')0)
...'lJ =' ..u. ..~ ...1.~""""4 ~
I TSR
Aggregate Specific
Gravitv
Mix.ture Moisture
Content
1 per 9,000 metric tons (IO,OOO tons]
2360/2350 Combined Specification
December 9, 2003
Section
2360.41::2
2360AE3
2J60AE4
2360AE l
2360AE5
2360.4E6
2360.4E7
236GAES
2360AE9
2360AEIO
(a)
(b)
(n)
(d)
Asphalt Binder Content
Spot Check (Virgin only)........................................... ........................fvlniDOT Bituminous Manual
IncineratOr Oven (I) ..................................................... .. MniDOT Laboratory Manual Method 1853
Cht:mical Extraction. ........................................Mn/DJT Laboratory Manual i'vklhod 1851 or 1852
Mcter Method (Virgi..TJ. only)...................................... .......................lv1nJDOT Bituminous Manual
EI
(1:; Incinerator Oven ma)' not be used when the Jercentage of Class B material exceeds 50~';'
within the composite blend, urJess a correct: on factor is determined by the Contractor
and approved by thc Di~lrict Materials Engineer.
E2
i\Tarshall Bulk Specific GraYity, GOlD {3 specimensl.....A..ASHTO T166, MnlDOT i\lodiiied, or
E2a
Gyratory Bulk Specific Grayity, GOlb (2 specirncnn ..................."'.......... AASHTO T312, 1166,
MnlDOT Modified
E3
Maximum Specific Gravity, GOlm.................,......................AASHTO T209, Mn/DOT Modified
Air Voids - Individual and Isolated (calculation)..................................... AASHTO T269, T312
E4
isolated air voids are calculated using the max.imum nixrure specific gravlr;i and the
corresponding buLl( speciric gravity from a single test. bdividual air v.)ids are calculated trom the max.imum
specific gravity moving average and the bulk specitic gravity from ,ha: single test.
For gyratory design, compaction shail be conducted 0 Nm,,--cim= and caiculations ror %Grnrn at
Ni:llcial and Nc.esign shal1 be determined by applying the caJculnred correcjon factor as described in the Asphalt
Institute SP 2 manual.
Production control for % G""" at N;:ti:ia] and Nma.-<itnumlhall not exceed the limit shown in Table
2360.3-B2b by more tban l.0 %. Nlixmre produced beyond these limis, as measured by the moving average oHour
Pag.e 19 of 48
2360/2350 Combined Specification
December 9, 2003
tests, may result in a ca:J.cellation of the Mix Design Report. A new mi: design and submittal that satisfies these
specifIcation criteria may be rey.uird.
E-
;,
Voids Mineral Aggregate C\/1VfA) (calculation)............................. Asphalt Institute MS-2, SP-2
E6
Gradation - Blended Aggregate..........AASHTO T.ll, T-27, and T-30 (all Mn/DOT modified)
Testing to determine the blcmleJ aggregate i2.mdatlon shall be detemined eve:-v [800 mdrlc tons
[2,000 tons], or portion thereof (minimum of one per-day), 00 ~amples :aken at the same thue a., 'the required
mb:ture samplt: for a gi vt:n llcremt:nl.
All gradations require a - 0.075 mIll [-#200] wash.
(a) Virgi11 Aggregate [vfixtures - Drum or Scree] .less Plants
Belt Samples or extracted production samplrs.
(b) All Other MLxmres:
1. Hot Bins - Drybatch (Opriona1)
2. Incinerator Oven rvrniDOT Laborat'lr)' Manual lvfethod 1853 (Optional) except
samples that contain over 50~/o cia". B. (1)
3. Extraction ;'I1n;DOT Laboratory Mrnua1 Method 1851 or L852 (Optional)
(1) L'1CLT1erator Oven may not 'Je used vihen the percentage of Class R
material exceed." 50% witL:in the com.posite blend, unless a cOIT:':ction
factor is dderInined by th~ Contractor and approved by the District
Materials Engineer.
E7
Coarse Aggregate Angulurit:~, ...................................................................................AST1\-1 D5821
CA.A test results shall meet the minimum percent fractured faces as shmvn in Table 2360.3-B2a.
ASTM 0-582 L shall be used to determine course aggregate angularity en the composite blend from aggregates used
in production of bot mix. asphalt. Mi..'(tu.res that -';Qnlain virgin aggregat::s may be tested from cllmposite belt
samples. MixtUJ'cs that contai.n R.A.P must bc tested from extracted ::l!'!;g! egates takcn from standard production
samples. The percent2.ge of fractured faces of the composite aggregate blend less than 100~/o shall be tested at the
following rates:
(1) Perform t\VO tests per day for eOlcn mlxmre blend for: minimum of two days and then one per day
if the test samples meet C AA requiremen ts. .
(2) If CAA. crushing test results exceed 8 percem oftl1e f':quirement, ra..l(c one sample per dOl; and
perform one test per week.
C~A.. results must be reported on the tes! summary sh ~et. ML\.ture placed and represemed by
results below the minimum requirement, as shovm in Table 2360.3-82<1, will be subject to reduced payment as
outliIled in Table 2360A-LJ. Tonnage subjected to reduced payment 51' all be calculated as the wns placed from the
sample point of the failing test until the sa~pling point wher: the test rc::ult is back witbin specifications.
ES
Fine Aggregate Angularity ........................................ ..............................ASTM C1252 Method A
FAA. test results shall me:':t the miIl.imum criteri.a sno-.m in Table 2360.3-82a. ASTM C 1252
Method A shall be used to deterrn.iJ.,e tIne aggregate angularity on the c:lIuposite blend from aggregates used in
production ofH:NlA.. Mixtures tb.at contain virgin aggregates may be t~ ;red from composite beir samples. IvlLxtures
tc'1ar contain R.:.lJ> must be rested from extracted aggregates ta..L.:en from :,taDdard production samples. The percentage
of uncompacted voids from the composit:': aggregate blend shall be test:d at the following rates.
Page 20 of 48
2360/2350 Combined Specification
December 9, 2003
(l) Perform two tests per day for each mixtu.re blend for: mirtimum orrwo days and th::n one per day
if the test samples meet FAA requirements.
(2) If FA-'\. test results exceed 5 percem of \he requireme.lt, take one sample per day und perform one
teSt per week.
F .'\..A. r::sults must be repoI1ed on the test summary sheet-Mixture place,i and represented by results below the
mLolmums, as 51:10"....'11 in Table 2360.3-82a, wiIi besubj::et to reduced p,'~ment as outlined in Table 2360A-L3.
Tonnage is subjected to reduced payment shall be calculated as L'1e tons placed from the sample point of the failing
test umil :he sa;npling point when the test result is back within specifica ions.
E8a
_ 4.75 mm [-#4) Manufactured Crushed Fines ........................................ (calculation) MnIDOT
Bituminous Manual
Under Marshall design, when the -4.75 mm [-#4] Cf.lS ling is calculated, adjustments in target
values from the composi;:e blend must be made at the end of each days raving. If the target quantity (percent of
-4.75 m.m [-#4] to be crusbed) changes due to mixture proportion or C0111posite gradation change, a new target
shall be established for the m:xt days paving.
E9
Field Tensile Strength Ratio (TSR) .......................... ..............ASTM D4867 MniDOT l\lodified
A TSR sample shall be obtained within thc first 4,500 metric tons [5,000 tons] ofH:NfA produced
or by the second day of production, whichever comes flIst, to verifY ten' ile strength ratio (TSR). These samples
may b:: tested at the discretion ofthe-flt~~ ~.:~:~:':Q:~ +'::1;:::; ::!'.Ql\'n~I if the .'.l~:e;-:;lSt: r..;:::ccr ..Q.1Yneuequires
the samples to be tested, both the Contractor and the D;p::I".'fT.~:::.: Em!i]J;';;Lwill be required to test these samples
within 72 hours alter it is sampled. Sample size shall be 50 kg [110 pOllnd] minimum and spilt in half to provide a
sample for the ~p:U:;::cn: J;ng)..TJ.eer a.l1d the Contractor. The !),,;::a:-:r:-,;trr- ..t.DJ?,ine.<:Lcompanion of this split shall be
labeled with the date, time, Project numb::r and approximate cumulativ( tonnage to date. The Dop::rt:;:~ Owner
companion shall bc given to the De~~E- O,..,ner3 Street Inspector 0" Plant Morutor immediately or delivered to
the -9::;:;'[.;: :.1:l::=rn.-+;-Engineer within 24 hours of sampling, as specifie,.1 by the Engineer. Mixture samples shall be
ta.\en from behind the paver unless the Engineer approves an alternate s UTI!JIL.,g location. Specimen size shall be
100 mm [4 inch J for Marshall mix design and 150 IT1ln [6 inch] for gjTlltory desigll The Contractor may test the
sample at a permanent lab site or a field lab sitt:.
AdditionallliyL~ mixture samples for TSR evaluatior shall be sampled at a rate of! per 18,000
metric tons [20,000 tons] increments for all mixtures produced on the P 'oject. These samples may be tested at the
discr::tion of thc-9-!-sTf::: Mater~G--ts-En:5"fRecF Owner. I f \he ~rater.iab-!;-f' gilieeF- _O\,\;l1e:' requires the samples to be
tested, both the Contractor and the ~pm1.mcrrt. E!12:ineer will be requin d to test these samples.
Minimum acceptable TSR values for production are S lawn in Table 2J60A-E9. The Contractor
shall stop production immediatdy ifminimum TSR requirements are HI t met. The Contractor will not be allowed to
resume production until anti-strip has been added to the asphait binder. Detemlination of who is responsible for lhe
cost of the ami-strip is based on ~T. O':'ller and Contractor TSR ',alues as outlined in Tables 2360.4E9A.
2360.4E9B, and 2360AE9C. '\\-'hen M"iDO+- the Owner_is TE:sponsibl<' for the cost of the anti-strip, payment will
be made only for me cost of the anti-strip for mixrures placed on that?[ )ject. :,lJ.:'S'OT The O'.v:ner_will not
reimburse the Contractor for any delay costs associated with making ch:tnges related to this testing.
Table 2360.4-E9
Mixture Ty e- - Minimum 'T'SR
Gnatorv Traffic Level 2-3
Cona-actor Mrr'-DG+
Owner
65%,
C orrtractor
Traffic Level 4-5
Mf1:4).id+
Owner
750/0
80%
70%
Pagellof48
2360/2350 Combineci Specification
December 9,1003
will be determined by the Engineer using statistically derived stratified r:J.,,'1dom number tablcs or other approved
methods of random number generation. These will aiso be used for parr .allors. Roth transverse and longitudinal
joints are subject to maximwn density requirements. rfthe random core location falls on an unsupponedjoint, at the
time of compaction. (the edge of the mat bei11g placed does not bun up" gainst another mar, pavement surface, etc.)
CU1 thc core with the outt:r t:dge of the corc ban'el 0.3 meters [1 foot] aw iy (laterally) from the edge of the top of me
mat (joint). If the r<illdom core lucation falls Oil a conflnedjoim (edge 0 :-rhe mat being placed butts up against
another mat, pavement surface, curb and gutter, or fixed face), cut with ..he outer edge of the core barrel 150 nun:!:
12.5 mm [6 inches =: 0.5 inch] from the edge of the top of the mat (ex. center of 100 mm [4 inch] core barrel 200
mm i: 12.5 rum [8 i: 0.5 inches] from the edge of the top of the mat). Gxes will not be taken within 300 Il".u11 [1
foot] of any unsupported. edge The Contracwr shall bc responsible for maintenance of traffic, coring, patching the
core holes, and sawing the cores if necessary to the proper thickm:,s pDt.r to density testing.
B3
Core Testing
Cores will be taken and tcsted by the Contractor. Cor., locations will be determined and marked
by the Engineer. The Contractor shall schedule the appmximaw th-ne of testing during normal project work hours so
that the EngiJleer may observe and record the ,<ilUraleu surface dry aud immersed ,veight of the cores.
Density cietermination will be made by the end of the next work11.g day after placement and
compaction. If multiple layers are placed in a single day, cores shali be lawn and separated for each layer, tested
arld reported by the end of the next working day.
The Contractor will cut pavement samples from the ccmpleted work with power equipment, and
restore the surface by che end of the next working day with new, well cc mpacted mixture without additional
compensation. Failure to restore the surface within 24 hours of coring shall 5;uhjccl the Contractor to a flne of S 1 00
per working day, per lot, l.illtil the core holes are restored. Cores shall b,,, cut using a 100 mm l4 inch] minimum
outer diameter coring device. All samples shall be marked with ,he lot lumber and core D.umber or kner. The cores
shall be transportd to the laboratory as soon as possible :0 prevem damage due to improper handling or exposure to
heat. These companion cores may be tested by the Inspector on Deparrnent scales or transported to the
l::~;::c.....tr::l\:;r.t'-:;-fdd L:.ccr:::;):} or D:s:;':c: .\~;::~;.tab- J;.ngineer"s Labora:ory.
Mea~ure each core three timcs for thickness prior to s:.w cutting, report the average lift thickness
on !J.'1e core sheet. These average thickness will contribute to th \cknt:ss (ompHance as described in Section 2360.7 A
If dIe 8<::-p<.'':!'S:1eH-f- O'\':geLcompanion core test result j::Jr bulk specific gravity (Gmt) deviates
beyond the allowable tol<::rance of 0.030, substitute geFa."U'!""'f;~- Owner ;ompa.."1ion result for Contractor's core
result and then average the P~p~.~ffi'ltmt- O:1:.De.r..resu!t with the nOD.-com:lanion result for the lot density acceptance.
If, through analysis of data, it is determined there is a bias in the tt:st res:Ilts, the Engineer will determine which
results are appropriate and shall govern.
If the G::lO tolerance fails in more than 2 lots in a day c,f either consistently hig.1-J. or low differences
between thc companion cores then an investigation Lo determine the sou~ce of errors shall be conducted.
Companion cores samples shall be increased to l'.vo per lot and !8sted unil investigation is complete and tolerances
are met.
The Engineer may allow recoring 0 f a sample only w1' en the core has been damaged through no
fault of the Contractor, either during the coring process or in transit to tl: e laboratory.
B4
Maximum Density Acceptance and Payment Scheel ule
The density of compacted mixture shall be accepted bj pavement cores on a Jot basis.
The Contractor's cores will be used for accepta11ce if-he determined bulk specific gravity Gob
from AASHTO T-166, .\-inJDOT modified or ASTM D 1188 is within ::::. 0.030 of the ::a:c Qwner companion Gmb
value. Payment t~Jr lot densities or compacted ~,ture shall be determirled from Table 2360.6-B4 or 2360.6-B4A.
Incentive and disincenrive paymems are for both wearing and non-weari ng courses.
Page 33 of 48
2360/2350 Combined Specification
December 9, 2003
Wilen the density requirement has been reduced hy ore percent, per Tabie 2360.6-B2, foomote 1
& 2, payment adjusrrnents for lot densities will be made as specified b'-able 2360.6-B4A. incentive payments are
excluded when t.~e minimum density has been reduced. However, at th" Contractors request and with approval uf
the Engineer, the reduced density requirement may be waived and densi:y evaluated under Table 2360.6-B4,
including incentives, for fIrst lift constructed on aggregate base, n:ciaim-:d or cold inplace recycled base courses and
first lift of an overlay on a roadway with a 6.35 metric ton (i ton) or les:: spring load restriction (reduced density
shall not be waived for the first lift constructed on PCC pavements). Tb request and approval shall be made after
the flrst days paving and before the [hird days paving begins. Once the request has been approved, evaluation of
density will be in accordance with Table 2360.6-B2 (ex.cluding [oomote 2) and Table 2360.6-B4, and witl remain in
et1'ect for the duration of mixture placement on that lift. The Contractor will also be responsible for compliance with
any construction requirements on subsequent lifts.
Table 2360.6-B4
Pavment Schedule for Maximum Densitv
[ax Speci!!c Gravity (2)
'rrun [4 inches] from Surface)
tilders (3% Void)
.6 and above
14..1 - 94.5
n.o - 94.0
92.0- 92.9
11.5 - 91.9
11.0-91.4
iO.5 - 90.9
10.0 - 90.4
Less than 89.0 (4) L:ss than 90.0
-
Percent of Max Specific Gravity \-) Percem of i\
SF Wear (~100 mm [4 inches) from Surface) SP Non-Wear (>101
All MV & LV, SP Shld (4% Void) SP 5h(,
93.6 and above 9L.
93.1 - 93.5
92.0 - 93.0
--
91.0-91.9
90.5 - 90.9
90.0 - 90.4
89.5 - 89.9 I
89.0 - 89.4
Percent
Payment
104 \0)
102 (0)
100
98
95
91
85
70
1..1
Percent of Max Specific Gravity \-i I Percent on.lax Specific Gravity (2) I p
SP Wear (~100 nun [4 inchesl from Surface) SF Non-Wear (>10>1 rum [4 inches] from Surface) I percent
All MV & LV, SP Shld (4% Void) ~p ~h Id .JD/. V . 1) avment
_ ~u ers ( ,0 OlCl, -
91.0 and above 9::.0 and above 100 ,
90.0 - 90.9 91.0- 91.9 98
89.7 - 89.9 '10.5 - 90.9 \ 95 i
89.4 - 89.6 ;)1).0 - 90.4 Ii 91 ,
89.2 - 89.3 89.5 -89.9 I 85
,
89.0 - 89.1 39.0 - 89.4 70
Less than 89.0 '.4) L':S5 than 89.0 I (")
Table 2360_6-B4A (1)
1 % Reduced Table
(l) Minimum reduced by one percent for the ftrst lift (onstructed on aggregate base (mainline and
shoulder), reclaimed or cold inplace recycled base COLIses and fIrst lift of an overlay on a roadway
'with a 6.35 metric ton [i ton] or less spring load restr'ction (roadway includes shoulders).
IvliL'1imurn reduced by one percent on the tust lift comtructed on PCC pavements (reduced density
cannot be waived).
(2) In calculating the percent of maximum specific gravitJ, report to the nearest tenth.
(3) The payment in this portion ofth~ specification shall :'Fply only if the day's weighted average
individual production air yoids are within - 0.5 percellt of the target air void value. The weighted
average air voids shall be based on all the rni.xtu.re production tests (2360.4e) for the corresponding
day and shall be weighted by the tons the correspondilg test represents.
(4) The HlvlA. material represented by !l1.e lot shall be paid at a 70% pay factor, unless a single core
density is less than 87.0~'o of the maximum specific g:avity (Gmm). Ifa single core density is less
than 87.0% of Gmm, t.1e material shall be removed ard replaced by the Contractor at t.l}eir expense
Page 39 of 48
2360/2350 Combined Specification
December 9,2003
with mixture that meets the densiry requirements; or thl: Engineer may permit ::he \.L1.acceptable
material to remain inplace with a 500/0 pay factor. The .irr:.its of the area to be removed wiH be
de:ermined by additional core samples. These acidhion it core samples shall be taken at the same
offset from centerline as the origmai core; unkss the ollgLnal low density core was taken wilhin
0.45 m [1.5 feet] of an edge of the paver pass. Tn that case, the additional cores shall be taken
0.45 ill [1.5 feet] from the edge of the paver pass. The jensities shall be determined at 15 m [50
foot] intervals, both ahead and beck afthe point afuna,;ceptable core density (less than 87.0% of
Gmm), until a point of acceptable core density (87.0% )f Gmm or greater) is tound. If the
incremental core density testing extends into a preyiou~: ly accepted lot, removal of me
unacceptable material will be required; hO\,yever, the re ;ults or these tests shal1 not be used to
recalculate the previously accepted lot density. All COS1:S incurred from additional coring and
testing, resulting from unacceptable core density, willI' e paid by the Contractor. Tne
unacceptable pavement area is to be computed as the pl'oduet of the longitudinal Limits so
determined by the 15 m [50 foot] cores and the full Willh of the paver pass, laying in the traffic
lane or lanes. Shoulders shall be exempt from this cakulation u..rl.less density failure occurred in
the shoulder area.
After the unacceptable material (con: densir)' less than 87.0~/;' of Gmm) has been removed and
replaced, the density afthe replaccment material wiU be determined by the average of two cores.
Payment for the replacement material win be in aecorcance with Tables 2360.6-B4 or
2360.6-84A, whichever applies. There wlIJ be no pay:nenl for the material removed. The
remainder ofthe originallvl shall have a 700/;' pay fact:}r.
C
Ordinary Compaction Method
Ordinarj compaction shall be used for layers identiae.. in the typical sections with a mbimum
planned thickness of less than 40 mm (1 1/2 inches J, thin tift leveling, W ~dging layers, parching layers, driveways,
areas which cannot be compacted with standard highway construction ec uipment. Unless otherwise indicated in the
Plans or Special Provisions recreational trails shaH also be compacted b: ordinary compaction. The ordinary
compaction method shall not be used on mainline, ramp, or Ivop paving, unless othenvisc designated in the plans or
special provisions. .When density is evaluated by the ordinary \:ornpacti"n method a control strip shall be used to
establish a rolling pattern. This soall be used by tree Contractor for the c )mpaction of the asphalt mixture for the
layer on which the control strip is constructed, or until a new control strh is constructed. The control strip
requirement may be w.aived by the Engineer in small localized areas or I mer areas not conducive to its
estab lisbmenr.
A control strip shall be constructed at the beginning 0"toe work on each lift of each course. Each
control strip shall have an area of at least 330 m1 [395 square ya rds J an,i shall be of the same thickness as the lift it
represents. The subgrade or pavement course upon which a control strir is La be constructed shall have the prior
approval of the Engineer. The control strips shall remain in place and b::comc part of the completed work.
The materials used in the construction of thc control SJrips "hall conform to the specified
requirement') for the course. The materials used in the control strip shal be from the same source and of the same
type as w.1e materials used in the remainder of the course that me contra! strip represents.
The equipment used in the cons:ruction of the control strips shall be approved by the Engineer a11d
shall be the same rype and mass used on the remamder oIme pavement course represented by the control strip. A
minimum of tWO rollers shall be required. A rolling partem shall be est.blisb.ed for each roller. A pneunlatic.tired
roller shall be available for compaction operations within 24 hours after request by the Engineer. The final rollliig
shall be performed with a tandem steel-wheeled roller. Aseas tbat are i1: accessible to the conventional type rolling
equipment shall be compacted to the required density. by tlsG.1.g trench rc Ilers or mechanical tampers.
Construction oIthe control scrips will be as directed by the Engineer. Compaction shail
commence as soon as possible after the mix:ure has been spread to thc desired thickness and shall continue until no
aDoreciable mcrease in density can be obtained bv additional roller's ccvera9:es. Densities ,,\ill be determined bv
~~ans of a portable nuclear t;sting device or suit~ble approved altematl: and a growth curve shall be developed'to
Page 40 of 48
2360/2350 CombiIJ.ed Specification
December 9, 2003
determille the Opth'1lUffi roUing pattern. The Contractor shall fu."1lish doc umentation of the growth curve to the
Engineer.
To detenuine when no appreciable increase in density :an be obtained, t\vo test points shall bt
established in the control strip oc. a random basis and the density at each point shall be measured by a ponable
nuclear device or suitable approved alternate after each roller pass. Roll.ng shall be suspended when testing' ~hows
either a decline or more than 2% of the maxirnum specific gravity or \.vh'~n additional railer passes fail to increase
the densit:..;.
After said H:sting is accomplished, rolling on the rema nder of that course shall be done in
accordance with the pattern developed in the tcst 5wip for that roIler. A ':eparate rolling pattern and time interval
shall be established for each roller.
A new control strip shall be ordered by the Engineer when:
(a) A change in the Jtvlf is made, or
(b) A change in the source of material is made or a change in the material from the same
source is observed.
A new control strip may be ordered by !.he Engineer or requested by the Contractor when:
(a) Ten days of production have been accepted 'i,'ithollt construction ora m:w control strip, or
(b) There are other reasons to believe that a contl'Ol strip llensity is not representative of the
i-LvLA. mixrure being placed.
The nuclear testing device shall be furnished and opet ucG by the Contractor. The furnishing of
the testing device and the operator will be considered incidental to the ti.mishing and placement of the HMA
mixture and shall not be compensated for separately. The device shall be calibrated according to procedures
described in the Mn/DOT Bituminous Manual.
Each course shall be uniformly compacted until tbere is no further evidence of consolidation and
all roller marks are eliminated. W11(:0 this method is employed, and the quantity of mix-iure placed by the paver
exceeds 100 metric tons [110 tons] per hour, at least '''';0 rollers are reo.! :ired for compactLng the mixture placed by
each paver.
Cl
Rollers
The following requirements for rollers applyonly wh,':n compaction is obtained by the ordinary
compaction met.'lod. .
C2
Steel-Wheeled Rollers
Steel-wheeled rollers shall be self-propelled and has, minimum total mass of?.3 metric tons [8
tons], or as othenvise specified in the Contract. \'v'11en vibratory rollers arc used, they shall produce 45 kJ.'\i per meter
[3,085 lbf per foot] of width. The frequency should be at least 2400 "Tm and amplirude ,erring low. The roller
shall be capable of reversing without backlash and shall be equipped wi:h spray artacn...'1lems for moistening all
rellers on both sets of wheels.
C3
Pneumatic-Tired Rollers
The pneumatic-tired roller shall have a compacting wdth of 1.5 m [5 feet] or more. It shall be so
constructed that the gross wheel load force shall be a minimum of 13 kj'j [3,000 pounds] per wheel for LV and MV
mixrures and SP LeveL 2-3 mL'\.'iures and 22 lc'i [5,000 puunds] per wht.el for SF Level 4-6 mixtures and can be
va....ied as directed by the Engineer. The tire arrangement shall be such hat full compaction will be obtained over the
full widtb. with each pass of the roller.
Page 41 of 48
2360/2350 Combined Specification
December 9, 2003
The roller may be sell' propelled or provided with suilable tracdve equipment, urJess otlwr>vlse
specified in the Contract. Ifmore rhan one roiler is propelled by a sing e tr;;,crive unit, then that combination will be
counted as a single roller unit.
C4
Trench Rollers
Trench rollers shall be self propelled. and have a mas:: of not less than 4,400 kg per meter [1,960
pounds per footJ of width.
C5
Mixture Temperature Controls
If compaction is obtained by the oruinary cOIDpactior' method., rhe minimum laydov.n temperature
in all courses (as measured behind the paver or spreading machL'1e) of dIe asphalt mixture shall be in accordance
with the temperature requirements of Table 2360.6-C5. Unless directed by the Engineer l.'1 \vTiting, no paving is
allowed under the Ordinary Compaction Method Wh<':Il thl: ClIT tcrnpcratlll'c is below QCC [32cF].
IV inure Temperature amra
Air I Compacted Mat Thidmcss, mm i,A)
Temperature
cC [OF] i 25 IIllll [1 inch 1 40 IIlIn [1-1/2 inchl 1 iO IIlE1 [2 inch 1 ; >75 mrn [3 inch]
I
+0-5 [32-40J , -- 129 \:11 [265] I 124 [255] 121 [250]
+ 6-10 [41-50] i 130 ',"} [270] 127 [260] 121 r2501 1\8 [245]
+ ! [-15 [51-60] . 127 (::Jj i260] 124 [255J 1181245J 115 [240]
+ 16-21 [61-70] i 121\lJ] [250] , 118 [245J 115 [2401 113[2351
+ 22-27 [il-80] I 118 [2451 1 [5 [240] 113 [235] \1 ~ '''3 '51 I
J..) L- ~ I
+ 28-37 [81-901 I 113 [235] lID [2301 I \10 [2301 II 0 f2301
I
+33[91+] I 110 [230] 11 0 [230] I 110 [230] 107 [225]
I
Table 2360.6-C5
I C
CA.)
(B)
Based on approved or specified compacted lift thickne~ "
A mir..in1um of one pneumatic-tire roUer shall be used hr intermediate rolling unless otherwise
directed by the Engineer. The Engineer may specify 01 modify in "Tiring (v,:ith concurrence from
the Deparrmem Bituminous Engilleer) a miP.im.um layd,)\vn temperature.
2360.7
THICK.'iESS A1'11) SURFACE SMOOTHNISS R EQU1REMENTS
A
Thickness
After compaction the thickness or eilcn Ii IT shall be within a tolerance of 6 mm [1/4 inch] of the
thickness shown in the Plans, except that. if automatic grade controls aT : used, this thickness requirement will not
apply to the first lift placed. This thiclrness requirement will not apply 0 a leveling lift whether or not autoIIlatic
grade controls are required. The Engineer may require removal and ref laceIIlent, at the Contractor's expense, of any
part orany lifl that is constructed to less than the minimum required uli.:kness.
On that pam on of any lift constructed to more than tb ~ maximum permissible lfIickness, the
materials used in the excess mLxture above that required to construct tha t portion of the Ii ft to the Plan thickness plus
6 mm (1/4 inch] will be excluded from the pay qual1tities and at the disc n:tion of the Engineer and at the
Contractor's expense may be required to be removed alld replaced.
Cores taken for density determination shall be IIleasured for thickness also. Each core shall be
measured 3 times for thickness orior [0 sawing. Report the average of tlJese three measureIIlents. Each lot's average
core thickness shall be docume~ted and submItted t~ the Enginee;. If the average of the 1'\vo Contractor cores ~
exceed the specified tolerance, an addirional two cores may be taken in :he lot in question. Tue average of all core
thickness measurements per lift will be used to determine cOIIlpJiance with thickness specifications.
Page 42 of 48
2360i2350 Combined Specification
December 9,2003
B
Surface Requirements
After compaction, tht: fmisht:u ~urface 0 f each lift sna! l be reasonably free of segregated, open and
torn sections, and shall be smooth and true to the grade mu cross SC::CtiOCI shown on the Plans ",'ith the following
tolerm1ces:
(1) W11ere a leveling lift is specifid, it shall be constructe:i to within a tolerance of 15 mm [1/2 inch]
of the elevations and grades i.:stablisned by the Engine,:r. This requirement shall also apply to the
flIst lift placed other than leveling when automatic cOlltrols are used,
(2) The surface ofthc fmal two lifts placed shall shov, nOiariarion greater than 6 mID [1/4 inch] from
the edge of a 3 m [10 foot) straightedge laid parallel tc' or at right angles to the centerline.
Shoulder surfacing and surfacing on temporary connections and bypasses shall show no variations
greater than 6 mm [114 inch] from the edge of a 3 ill [:I 0 foot] straightedge laid parallel to the
centerline.
(3) After fmal compaction, all finallin asphalt wearing su-races adjacent to concrete pavements shall
be slightly higher (but not to exceed 6 mill [1/4 inch] 11an the concrete surface.
After final compaction, all asphali surfaces adjacent tc gutters, manholes, pavement headers, or
O1her fixed stn;ctures shall be slighrly higher (bur not tl exceed 6 mm [1/4 inch] than the surface
of the structure. .
(4) Transverse joints (construction joints), at the beginni 19 and end of a project, at paving
exceptions, or caused by suspension of daily paving oreration~, shall show no variation greater
than 6 nun [1/4 inch] from the edge of a:' m [10 foot] straightedge centered longitudinally across
the transverse joint. The Engineer may require correcl.on by diamond grinding when material is
placed outside the above described limitations.
(5) The transverse slope of the surfucc of each lift, exclusi ie of the shoulder wearing lift, shall not
vary from the slope shown in the Plans by more than 04 percent.
(6) The distance betvieen the edge of each lift and tbe estallished centerline shall be no less tha..'1 the
Plan distance nor more than 75 rom [3 inches] sreaterhan the Plan distance. In addition. the edge
alignment of [he wearing lift on tangent sections and 0'1 curve sections of 3 degrees or less shall
not deviate from the established alignment by more th,~n 25 mm (1 inch] in any 7.5 m [25 foot]
section.
(7) The tinished surtace of each lift shall be reasonably free of segregated and open and tom sections.
Any material placed outside the above descn'bed liminltions shall be removed and replaced after
being cur or sawed at no expense to the ::)"pc.:-::ne:1t O'.\'ner or with the ,.pproval oEthe Engineer, allowed to remain
inplace at a reduced cost calculated at S 12 per square meter [S10 per sq l~ are yard].
c
Pavement Smoothness
Cl
General
Pavement smoothness will be evaluated on the final tI'ainline pavement surface using a California
type profilograpb or llertial Pro filer (IP) with a 5 mn1 [0.2 inch] biankiD~ band. Unless otherwise authorized by the
Engineer, all smoothness testing shall be performed in the presence of th,: Engineer. The Engineer and tbe
Contractor shall mutually agree upon scheduling of smoothness teSting s,) that testing can be observed. AllY testing
performed without the Engineer's presence, urlless otherwise authorized, may be ordered retested at the Contractors
ex?ense. The rollowing table shows pavement surfaces, whicb are exdu It:d tram profilograpb testing, but subject to
Section 2360.7B surface requirements.
Page 43 of 48
3.04 JOINT CONSTRUCTION
A. Conform to MnDOT Spec. 2531.3C, except as modified herein:
1. Maximum spacing of expansion joints for slip formed shall be 200 feet.
2. Contraction joints, 10 foot intervals.
3.05 METAL REINFORCEMENT
A. Conform to MnDOT Spec. 2531.3D, except as modified herein:
1. Install two #4 steel reinforcing rods in lo\ver portion of the curb section,
with a minimum of 2 inches coverage on all sides:
a. Placement shall extend 10 feet on each side of a catch basin.
3.06 PLACING Ai\TI) FINISHING
A. Conform to MnDOT Spec. 2531.3E and 2531.3F, except as modified herein:
1. The top surface of the curb and gutter shall have a brush finish at right
angles to the curb line.
3.07 CONCRETE ClTRING 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 contain a fugitive dye and 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 w'ithin the following 24 hours, shall conform to MnDOT Spec.
2531.3G 1 blanket curing method, or method approved by the Engineer.
5. The freshly finished surface shall be protected, surfaces pitted by rain will
be considered unacceptable.
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CONCRETE CURB AND GUTTER
6. Removal and replacement any curb section damaged by traffic, rain, cold
weather, or other causes occurring prior to final acceptance shall be the
responsibility of the Contractor.
3.0S BACKFILLING
A. Conform to MnDOT Spec. 2531.3J, except as modified herein:
1. Initial Backfilling:
a. Follow the 72 hour curing period with completion within 6 days of
original placement.
b. Tolerance within 0.3 feet to the top of curb elevation.
2. Curb damaged during backfilling is the responsibility of the Contractor to
replace at no cost to the owner.
3.09 WORK.i\lLAl'\JSHIP Ai~'D FINISH
A. Conform to MnDOT Spec. 2531.3K, except as modified herein:
1. Any deviation in the design curvature of concrete edges in excess of 3/S of
an inch, measured with a 10 foot straight edge, \vill be considered
unacceptable.
2. Acceptance of work by price reduction will not be allowed.
3.10 MEASlJREMENT AL"'\JTI P A'r''MENT
A Bid Items have been provided for B61S Concrete Curb and Gutter. Measurement
. of curb and gutter shall be by the lineal foot measured along the face of the curb
at the gutter line for each type. Payment shall include materials, preparation,
placement, finishing, curing, protection, reinforcement, and backfilling.
B. No separate measurement or payment for modifications at curb ramps, or
transition sections.
D. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
Ei'<'D OF SECTION
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CONCRETE CURB AND GUTTER
SECTION 02775
CONCRETE WALKS. MEDIANS. l<\l~TI DRIVE\V A YS
PART 1- GENERAL
1.01 SECTION INCLUDES
A. Construction of cast-in-place concrete walbvays, medians, driveways, and valley
gutters.
1.02 RELATED SECTIONS
A. Section 02315 - Excavation and Fill.
B. Section 02720 - Aggregate Base Course.
C. Section 02770 - Concrete Curb and Gutter.
D. Section 02740 Plant Mixed Asphalt Pavement.
1.03 REFERENCES
A. American Society of Testing Materials (ASTM):
1. C260 - Air-Entraining Admixtures for Concrete.
B. Minnesota Department of Transportation "Standard Specifications for
Construction," 2000 Edition (MnDOT Spec.):
1. 2211 - Aggregate Base.
2. 2461 - Structural Concrete.
3. 2521 - Walks.
4. 2531 - Concrete Curbing.
5. 3702 - Preformed Joint Filers.
6. 3754 - Membrane Curing Compound.
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CONCRETE WALKS.
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1.04 SUBMITTALS
A. Submit one - 7 day and two - 28 day concrete test results for all concrete pours in
any given day.
B. Submit design mix for each concrete mix used.
1.05 SEQUENCING AL'\TD SCHEDULING
A. Constmction of the concrete driveway apron shall begin no sooner than 24 hours
after placement of the adjacent concrete curb and gutter with completion within 5
days of curb placement.
PART 2 - PRODUCTS
2.01 MA TERlALS
A. Concrete to conform to MnDOT Spec. 2461, except as modified herein:
1. Portland Cement: Conform to MnDOT Spec. 3101:
a. Type 3 air-entraining concrete produced by using Type IA air-
entraining Portland Cement.
2. Air-Entraining Admixtures: conforn1 to MnDOT Spec. 3113:
a. Conforming to ASTM C260.
b. Not to be added to the concrete mixtures m the field without
approval from Engineer.
3. Mix Designation and Classification:
a. Manual Placement Mix No. 3Y32C.
b. Slip Form Placement Mix No. 3Y22C.
c. Exposed Aggregate Mix No. 3Y36C.
B. Preformed Joint Filler: Conform to MnDOT Spec. 3702.
C. Curing Compound: Conform to MnDOT Spec. 3754.
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CONCRETE WALKS,
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D. Sub-Grade Base Material:
1. Select Granular Material: Conform to Section 02315 - Excavation and
Fill.
2. Aggregated Base: Conforming to Section 02720 - Aggregate Base
Course.
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. Construct concrete walkway, median, driveways, and valley gutters at the
locations, and elevations indicated on the Drawings.
C. Construct walkways and medians to conform to the typical section shown on the
Drawings.
D. Constmct concrete driveway aprons to conform to the Drawings.
E. Construct concrete valley gutters to conform to the Drawings.
F. Constmct concrete curb ramp to conform to the Drawings.
G. Verify locations with Engineer in the field prior to constmction.
H. 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 workInanship.
1. Retempering of concrete, which has partially hardened, with or without additional
materials or water, is prohibited.
3.02 FOUNDATION PREPARATIONS
A. Placement of the aggregate base or granular material to support the concrete work
shall conform to Section 02720 - Aggregate Base Course or Section 0231S -
Sub grade Preparation. Compaction of sub grade base shall conform to MnDOT
Spec. 2211.3C 1.
B. The foundation shall be approved by the Engineer prior to placement of concrete
material.
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CONCRETE WALKS,
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3.03 FORMS
A. Conform to MnDOT Spec. 2521.3B.
3.04 JOINT CONSTRUCTION
A. Conform to MnDOT Spec. 2521.3C2, except as modified herein:
1. Maximum spacing of expansion joints for walkways shall be 60 feet.
2. Match joints of adjacent concrete work.
3.05 METAL REINFORCEMENT
A. Conform to MnDOT Spec. 2531.3D, except as moditied herein:
1. Install three #4 steel reinforcing rods in lower portion of the valley gutter
section with minimum 2 inch coverage on all sides.
3.06 PLACING fu,\;1) FINISHING
A. Conform to MnDOT Spec. 2521.3Cl and 2531.3.F for slip form, or 2531.3.K for
manual placement, except as moditied herein:
1. Any deviation in the design curvature of concrete edges in excess of 3/8 of
an inch, measured with a 10 foot straight edge, will be considered
unacceptab le.
2. Any surface area allo\ving the entrapment of water at a depth 1/8 inch, or
greater will be considered unacceptable.
3. Unacceptable work shall be removed and replaced with acceptable work
as directed by the Engineer. Acceptance of work by price reduction will
not be allowed.
B. Exposed aggregate finish shall conform to MnDOT Spec. 2521.3.C.1a:
1. For the pedestrian curb ramps as sho\vn on the Drawings.
3.07 CONCRETE ClJRING i\l,\;1) PROTECTION
A. Conform to MnDOT Spec. 2521.3C3 and 2521.3C3b (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.
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CONCRETE WA.LKS,
MEDL".NS, AND DRIVEWAYS
2. The membrane-curing compound must contain a fugitive dye and be
applied at 2 different directions perpendicular to each other.
3. A second application of membrane curing compound shall be applied 4 to
S hours after the first application at the specified rate.
4. Cold weather curing, when temperatures fall below 400 during placement
or within the following 24 hours, shall conform to MnDOT Spec.
2521.3C3a blanket curing method, or method approved by the Engineer.
5. The freshly finished surface shall be protected, surfaces pitted by rain will
be considered unacceptable.
6. Removal and replacement of any concrete section damaged by traffic,
rain, cold weather, or other causes occurring prior to final acceptance shall
be the responsibility of the Contractor.
3.0S BACKFILLING
A. Conform to MnDOT Spec.2521.3E, except as modified herein:
1. Perform backfilling to protect the concrete no sooner than 72 hours after
placement of the concrete.
3.09 MEASUREMENT Ai'JD PA'r''MENT
A Bid Items have been provided for 6 Inch Concrete Driveway Pavement and 4 Inch
Concrete Sidewalk. Measurement shall be by the square yard top surface area.
This Bid Item shall include:
1. Concrete materials.
2. Select granular subgrade base material, 4 inches thick. Additional base
material will be paid as select granular borrow if required.
3. Preparation.
4. Placement of materials.
5. Finishing.
6. Curing and protection.
7. Backfilling.
S. Reinforcement.
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CONCRETE WALKS,
?vlEDL'\NS, AND DRfYEWA YS
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
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CONCRETE WALKS,
MEDL-\NS, AND DRNEWA YS
SECTION 02920
LA WNS AJ.'ID GRASSES
PART 1 - GENERAL
1.01 SECTION INCLu1)ES
A. Restoration of construction area by installation of topsoil, seed, sod, soil
amendments, mulch, and erosion control.
1.02 RELATED SECTIONS
A. Section 01570 - Erosion and Sediment Control.
B. Section 02315 - Excavation and Fill.
1.03 REFERENCES
A Minnesota Department of Transportation "Standard Specifications for Constmction,"
2000 Edition (MnDOT Spec.):
1. 2575 - Turf Establishment.
2. 3877 - Topsoil Borrow.
3. 3878 - Sod.
4. 3881 - Commercial Fertilizer.
B. "Minnesota Department of Transportation Seeding Manual 2000," (MnDOT Seeding
Manual).
1.04 SUBMITTALS
A. Provide source and invoice for seed to be used for this Project.
1.05 QUALITY ASSlJRANCE
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.
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02920-1
LAWNS AND GRASSES
1.06 FIELD QUALITY CONTROL
A. Provide Engineer with bags and tags of seed used for identification purposes.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Topsoil: Topsoil Borro\v conforming to MnDOT Spec. 3877.2.A.
B. Soil Amendments: Conform to MnDOT Spec. 3881 and 3879. Fertilizer shall be
complete fertilizer containing 8 percent nitrogen, 16 percent phosphoric acid, and 8
percent potash.
C. Sod: Conform to MnDOT Spec. 3878.
P ART 3 - EXECUTION
3.01 EXN\ilINATION
A. . Review restoration areas with the Engineer. Determine locations for seed, or sod.
Schedule for restoration of areas may be revised to fit field conditions.
B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Project
Site, so the Engineer may visually inspect and sample for testing if deemed
necessary.
C. Finish grades are to be inspected and approved by the Engineer prior to start of
restoration.
3.02 PREPARATION
A. General: Conform to MnDOT Spec. 2575.3.A.
B. Soil Preparation: Conform to MnDOT Spec. 2575.3.B.
C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3.C:
1. Apply fertilizer at a rate of450 lbs. per acre (10 lbs./l000 sq. ft.).
2. Where soil pH is lower than 5.5, apply ground limestone at 3 tons per acre
(140 lbs./l000 sq. ft.).
3.03 PLACING SOD
A. Conform to MnDOT Spec. 2575.3.1.
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02920-2
L\ WNS AND G~A.SSES
3.04 FIELD QUAlITY CONTROL
A. Maintain restored areas in accordance with MnDOT Spec. 2575.3L.
B. Restored areas that have been satisfactorily completed and are disturbed by additional
construction activity required by the timing and sequencing of the \vork shall be
restored over to the same requirements of the original work.
C. Any sod that does not show definite growth and establishment 30 days after laying
shall be replaced and established, at the proper season by the Contractor at his
expense.
D. Watering of seeded and sodded areas shall be done for a period of 30 days from
installation sufficient, to ensure establishment of permanent vegetation.
3.05 MEASUREMENT AND PATh1ENT
A. A Bid Item has been provided for Sodding, Lawn Type. Measurement will be based
upon units of square yards of sod installed complete in place as specitied, including
installing topsoil; soil amendments; furnishing and installing sod; preparation of
surface maintenance; and all incidental items associated with the work. The actual
quantity installed multiplied by the appropriate Bid Unit Price will be considered
payment in full for all work and costs of this Bid Item.
B. A Bid Item has been provided for Topsoil Borro\v (LV) on the Bid Form.
Measurement will be based upon units of cubic yards of material placed (loose
volume) hauled to and 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. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
ENTI OF SECTION
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02920-3
LA. WNS AND GRASSES
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTR~CT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
-----------
ACEC
National Society of
Professional Engineers"
..k""_,,,w~ ~"'", ,~', ",.._wr-,n~.,~,',___. _,~
Professional Engineers in Priyale Practice
.;:.l!.:;kIL.\.' CVl':-<(.ll,..I;,. E.'GI:-':U:.HI:"C CU."ll'.'~lt~
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AtvIERICAt"T COUNCIL OF ENGINEERING COMP At"TIES
~..
AtvlERICi\N SOCIETY OF CIVIL ENGII\TEERS
This documenl has been approved and endorsed by
~"':-t~~ft'(/~
I~ /.. \, -+
r?lA;,~;'f)9
~;J/!}!y
~~^==
L.!.!.~h;:-_~~
~
The Associated General Contractors of America
~ Knowiedge for Creating
~ and Sustaining
the Built Environment
Construction Specifications Institute
EJCDC C-700 Standard Gcncral Conditions of thc Construction Contract-
Copyright:g 2002 National Socicty of Profcssional Enginccrs for EJCDC. All rights rcscrvcd.
00700 - 1
Copyright @2002
National Society of Professional Engineers
1420 King Street, Alexandria, V A 22314
American Council of Engineering Companies
1015 15th Street, N.W., Washington, DC 20005
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and
Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a
change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and
Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the
Preparation of Supplementary Conditions (No. C-800) (2002 Edition).
EJCDC C-700 Stnndard Genernl Conditions of the Construction Contrnct.
Copyright <9 2002 Nntional Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 2
TABLE OF CONTENTS
Pa2:e
ARTICLE 1 - DEFINITIONS Al~D TERMINOLOGY ..............................................................................................................6
1.01 Defined Terms .............. ..... ............ ............. ................. ................ ........ ............. ... ....... ...... ........... ......... .... ... ...... .......6
1. 02 Terminology...................................................................................................................... .......................................8
ARTICLE 2 - PRELIMINARY MATTERS................................................................................................................................9
2.01 Delivery of Bonds and Evidence of Insurance .........................................................................................................9
2.02 Copies of Documents .. .............. ... ... .... ...... ... ..... ....... ..... ........ ................... ...... ............ .......... ...... ...... ........ ... ....... ......9
2.03 Commencement of Contract Times; Notice to Proceed ...........................................................................................9
2.04 Starting the Work '" .............. ..... ... ........ ............... ...... ... ............... ....... .......... .... ... ... ....... ... ............... .... ...... ......... ......9
2.05 Before Starting Construction .... ........... ................. .... ................ .......... ....... ...... ... ... ............. .... ......... ... ........... ....... ...9
2.06 Preconstruction Conference............................................................................................................................ .........9
2.07 Initial Acceptance of Schedules ...... ............ ........... ............. ...... ................. ......... ....... ... ....... ...... ................. ............. 9
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, A..lvIENDING, REUSE.......................................................................lO
3.01 Intent............................................................................................................................... .......................................10
3.02 Reference Standards ............ ............... ................ ........ ................... .................. ........... ...... .................. ..... ..............10
3.03 Reporting and Resolving Discrepancies ................................................................................................................1 0
3.04 Amending and Supplementing Contract Documents ..............................................................................................11
3.05 Reuse of Documents ...............................................................................................................................................11
3.06 Electronic Data.. ........... ............ ............. ..... ............... ......... ................................ ................. ........... ...................... .11
ARTICLE 4 - A V AILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONNIENTAL CONDITIONS; REFERENCE POINTS ................................................................................................11
4.01 A vailability of L[lnds ..............................................................................................................................................11
4.02 Subslllface and Physical Conditions ............ ............. .................. ................. .......... .... ............................................12
4.03 Differing Subsurface or Physical Conditions ............... ..... ........ .......... ......... .......... .......... .......... ................. .......... .12
4.04 Underg round Facilities ........ ................ .......................... ..... ........... ..... ...... ...... .... ...... ........ ... .... ........... ........... ....... .13
4.05 Reference Points ........ ....... ........ ........... ............. ....... ..... ...... ................ ... .... ...... .......... .... ...... .... ........... .................. .13
4.06 Hazardous Environmental Condition at Site .........................................................................................................13
ARTICLE 5 - BONDS l\ND INSURANCE .............................................................................................................................14
5.01 Performance, Payment, and Other Bonds..............................................................................................................14
5.02 Licensed Sureties and Insurers ..............................................................................................................................15
5.03 Certificates of Insurance ...... ..... ........... ................ ........ ....... ................................................. ............... .......... .........15
5.04 Contractor's Liability Insurance.. ........... .......... ............. ..................... ............. .......... .......... ............... ..... ......... .....15
5.05 Owner's Liability Insurance ..................................................................................................................................16
5.06 P ropeny 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
6.0 I Supervision and Superintendence ........ ............ ................... ...... ...... .... ................ ................. .... ............ ................. .18
6.02 Labor; Working Hours ...........................................................................................................................................18
6.03 Services, i'vlaterials, and Equipment.......................................................................................................................18
6.04 Progress Schedule... ....................................................... ......... ............................. ......................... ...... .............. .....18
6.05 Substitutes and "Or-Equals" .................................................................................................................................19
6.06 Concerning Subcontractors, Suppliers, and Others...............................................................................................20
6.07 Patent Fees and Royalties ...........:..........................................................................................................................21
6.08 Permits ....... .... .............. .......... ......... .............................. ...... ................................ ................. ....... ................ .......... .21
6.09 Laws and Regulations..................... ....... ........ ................ ..... ...... ........... ............... ................. .................. ............... .21
6.10 Taxes........................................................................................................................... ...........................................22
6.11 Use of Site and Other Areas...................................................................................................................................22
6.12 Record Documents........... ....................... ............ .......... ..... ................................. ..... ........................... ..... .... ...... ....22
6.13 Safety and Protection .... ............... ................................ ..... ............... ........... ...... ..... ............. ........ ........... ............... .22
6.14 Safety Representative .. ......... ..... ....... ............. ..... ....... ..... ..... .......... ........ ...... ...... ......... ... .... ....... ........ .................. ....23
6.15 Hazard Communication P rog rams.......................... ........... ................................ ................. ...... ................ ............23
E.JCDC C-700 Standard General Conditions of the Construction Contract.
Copyright:g 2002 National Society of Professional Engineers for E.JCDC. All rights reserved.
6.16 Emergencies.. .... .............. ...... ...... .................... ......... ........ ................... ..... ......... ............... .... .... ............ ............ ......23
6.17 Shop Drawings and Samples ....... ..... ............... .................... ........ ............. ................ ........ .......... .......... ........... .,. ....23
6.18 Continuing the Work.... ....... ...... .................... ........... ................................... .... ........ ................... ....... ....... ..... ..... ....24
6.19 Contractor's General Warrant)' and Guarantee ....................................................................................................24
6.20 Indemnification................................................................................................................... .................................. .24
6.21 Delegation of Professional Design SenJices ..........................................................................................................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 - OWi\TER'S RESPONSIBILITIES ......................................................................................................................26
8.01 Communications to Contractor ..... ..... ........ ..... .... ........ ..... ... ... ...... .... ... ..... ....... ...... ........ ............. .... ................ ........26
8.02 Replacement of Engineer .... ...................... .......... .... ............ ......... ....... ........ ...... ......... .................... .................... ....26
8.03 Fum 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 Condilion................................................................................................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 _ CHANGES IN THE WORK; CLAIMS ...........................................................................................................28
10.01 Authorized Changes in the Work.. ............. ..... ............... ............ .......... ....... ...... .......... ....................... ............ ..... ....28
10.02 Unauthorized Changes in the Work .......................................................................................................................29
10.03 Execution of Change Orders.......... ... ........ ..... ........ ..... ........ ........ ................ .......... ........... ......... ........... .... .... ...... ....29
10.04 Notification to Surety... ......... .... ...................... .... ............. ... ........ .., .......... .... ......... ... ............... ...... .... ....... .... ..........29
10.05 Claims................................................................................................................................ ................................... .29
ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT 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 ANTI INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......33
13.01 Notice of Defects ....... .... ................................ ............................... ............................ ..... ................. ....... ......... ..... ...33
13.02 Access to ~1lork... ........... .......................................... ..... .................. ..... ...... ........ ...... ........................... ........ .......... ..33
13.03 Tests and Inspections .... ......... .......... ..................................... ............................. .............. ........ ............ ......... ....... ..33
13.04 Uncovering Work .......... ......... ........................ ......... .................... ... ..... .......... ............. ...... ........ ......... ... .............. ....34
13.05 Owner j'vlay 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 l'vlay Correct Defective \Vork ...... ........ .................. ........... ........ ................ ............. .......... ....................... .....35
ARTICLE 14 - PAYMENTS TO CONTRACTOR .A.t'\TD COMPLETION...............................................................................36
14.01 Schedule of Values....................................................................................................................... .......................... 3 6
14.02 P rag ress Payments........... ................... ...... .... ......... ............... ...... ...... ............ ..... ........... ....... ...... ...... ........ .......... ....36
14.03 Contractor's Warran ty 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 rights reserved.
00700 - 4
14.05 Parried Utiliz.ation . .......... ........ ........... ................ ........ ......... ........ ............... ............ .............. ....................... ...........38
14.06 Final Inspecrion . ............... ........ ..... ...................... ................. ............ ......... ...... ................ .......... ....... ....... ......... .....3 8
14. 07 Final Payment........................................................................................................................... .............................38
14.08 Final Completion Delayed .... .............. ..... ................ ........... ..... ... ...... ........... ................ .... .......... ...... .... ... ... ............39
14.09 Wa i v e r of C la ims .... .. ... . ............. .. .. .... ........... ............ . ....... . .. . .. .. ... .. .. .. ........ .... .. ........ ........ . .. ........ . .... .. ...... ... .... ........39
ARTICLE 15 - SUSPENSION OF WORK A...l~D TERMINATION.........................................................................................39
15.01 Owner !'viay Suspend Work ........... ........ ..... ........ ........ ........... .... ................. ....... ........................... ....... ............ ........39
15.02 Owner lday Terminate for Cause ................................................ ...........................................................................39
15.03 Owner !'viay Terminate For Convenience ...............................................................................................................40
15.04 Contractor !'viay Stop Work or Terminate ............;..............................................................................."................40
ARTICLE 16 - DISPUTE RESOLUTION ................................................................................................................................41
16.01 I'd ethods and Procedures .................. ........... ..... ....... ............ ....... ....... ....... .......... ............ ........... ....... .................. ...41
ARTICLE 17 - IvIISCELLANEOUS ... ......... ... ........ ...... ................ ...... .................. ........... ...... ............... ......... ............ ...............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
ElCDC C-700 Standard General Conditions or the Construction Contract.
Copyright <9 2002 National Society or Proressional Engineers ror El CDC. All rights rcsened.
00700 - 5
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS Al'1"D TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Bidding Requirements
or Contract Documents and printed with initial capital
letters, the terms listed below \vill 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. Agreement--The written instrument which is
evidence of the agreement between Owner and Contractor
covering the Work.
3. Application for Payment--The form acceptable
to Engineer which is to be used by Contractor during the
course of the Work in requesting progress or final
payments and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
4. Asbestos--Any material that contains more
than one percent asbestos and is friable or is releasing
asbestos fibers into the air above current action levels
established by the United States Occupational Safety and
Health Administration.
5. Bid--The offer or proposal of a Bidder
submitted on the prescribed form setting forth the prices
for the Work to be performed.
6. 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
Invilation to Bid, Instructions to Bidders, bid security of
acceptable form, if any, and the Bid Form with any
supplements.
9. Change Order--A document recommended by
Engineer which is signed by Contractor and Owner and
authorizes an addition, deletion, or revision in the Work
or an adjustment in the Contract Price or the Contract
Times, issued on or after the Effective Date of the
Agreement.
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 Docllments-- Those items so
designated in the Agreement. Only printed or hard copies
of the items listed in the Agreement are Contract
Documents. Approved Shop Drawings, other Contractor's
submittals, and the reports and drawings of subsurface
and physical conditions are not Contract Documents.
13. Contract Price--The moneys payable by
Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of Paragraph 11.03
in the case of Unit Price Work).
14. Contract Times--The number of days or the
dates stated in the Agreement to: (i) achieve Milestones, if
any, (ii) achieve Substantial Completion; and (iii) com-
plete the Work so that it is ready for final payment as
evidenced by Engineer's written recommendation of final
payment.
15. Contractor--The individual or entity with
whom Owner has entered into the Agreement.
16. Cost of the Work--See Paragraph 11.01.A for
definition.
17. Drawings-- That part of the Contract
Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the
Work to be performed by Contractor. Shop Drawings and
other Contractor submittals are not Drawings as so
defined.
18. Effective Date of the Agreement--The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on
which the Agreement is signed and delivered by the last
of the two parties to sign and deliver.
19. Engineer--The individual or entity named as
such in the Agreement.
EJCDC C-700 Standard Gcneral Conditions of thc Construction Contract.
Copyright:g 2002 National Socicty of Profcssional Enginecrs for EJCDC. All rights rescrvcd.
00700 - 6
20. Field Order--A written order issued by
Engineer which requires minor changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times.
21. General Reqllirements--Sections of Division
1 of the Specifications. The General Requirements pertain
to all sections of the Specifications.
22. Hazardous Environmental CondirionuThe
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
23. Hazardous Waste--The term Hazardous
Waste shall have the meaning provided in Section 1004 of
the Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
24. Laws and Regulations; Laws or Reglllations-
-Any and all applicable laws, rules, regulations, ordinanc-
es, codes, and orders of any and all governmental bodies,
agencies, authorities, and courts ha ving jurisdiction.
25. Liens--Charges. security interests, or
encumbrances upon Project funds, real property, or
personal property.
26. MilestoneuA 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 A ward-- 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 ProceeduA 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 10 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. PetroleLlm--Petroleum, including crude oil or
any fraction thereof which is liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline,
kerosene, and oil mixed with other non-Hazardous Waste
and crude oils.
32. Progress Schedule--A schedule, prepared and
maintained by Contractor, describing the sequence and
duration of the activities comprising the Contractor's plan
to accomplish the Work within the Contract Times.
33. Project--The total construction of which the
Work to be performed under the Contract Documents may
be the whole, or a part.
34. Project L'vlallllal--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 lVJaterial--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 Sllbmittals--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 ValuesuA schedule, prepared
and maintained by Contractor, allocating portions of the
Contract Price to various portions of the Work and used
as the basis for reviewing Contractor's Applications for
Payment.
41. Shop Drawings--All drawings, diagrams,
illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for
Contractor and submitted by Contractor to illustrate some
portion of the \V ork.
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-vvay and
easements for access thereto, and such other lands
furnished by Owner which are designated for the use of
Contractor.
43. Specifications--That part of the Contract
Documents consisting of written requirements for
materials. equipment, systems, standards and
workmanship as applied to the Work, and certain
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright:g 2002 National Society of Professional Engineers for E.JCDC. All rights reserved.
administrati ve requirements and procedural matters
applicable thereto.
44. Subcontractor--An individual or entity
having a direct contract with Contractor or with any other
Subcontractor for the performance of a part of the Work
at the Site.
45. Substantial Completion--The time at which
the Work (or a specified part thereof) has progressed to
the point where, in the opinion of Engineer, the Work (or
a specified part thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the
purposes for which it is intended. The terms "substantially
complete" and "substantially completed" as applied to all
or part of the Work refer to Substantial Completion
thereof.
46. Successful Bidder--The Bidder submitting a
responsive Bid to whom Owner makes an award.
47. Supplementary Conditions--That part of the
Contract Documents which amends or supplements these
General Conditions.
48. SupplieruA 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--All underground
pipelines, conduits, ducts, cables, wires, manholes, vaults,
tanks, tunnels, or other such facilities or attachments, and
any encasements containing such facilities, including
those that convey electricity, gases, steam, liquid
pelroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other
liquids or chemicals, or traffic or other control systems.
50. Unit Price Work--Work to be paid for on the
basis of unit prices.
51. Work-- The entire construction or the various
separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes
and is the result of performing or providing all labor,
services, and documentation necessary to produce such
construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as
required by the Contract Documents.
but is evidence that the parties expect that the change
ordered or documented by a Work Change Directi ve \vill
be incorporated in a subsequently issued Change Order
following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Times.
1.02 Terminology
A. The following words or terms are not defined
but, when used in the Bidding Requirements or Contract
Documents, have the following meaning.
B. Intent of Certain Terms or Adjectives
1. The Contract Documents include the terms "as
allowed," "as approved," "as ordered", "as directed" or
terms of like effect or import to authorize an exercise of
professional judgment by Engineer. In addition, the
adjectives "reasonable," "suitable," "acceptable,"
"proper," "satisfactory," or adjectives of like effect or
import are used to describe an action or determination of
Engineer as to the Work. It is intended that such exercise
of professional judgment, action or determination will be
solely to evaluate, in general, the Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of
the completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any
such term or adjective is not intended to and shall not be
effective to assign to Engineer any duty or authority to
supervise or direct the performance of the Work or any
duty or authority to undertake responsibility contrary to
the provisions of Paragraph 9.09 or any other provision of
the Contract Documents.
C. Day
1. The word "day" means a calendar day
of 24 hours measured from midnight to the next midnight.
D. Defective
1. The word "defective," when modifying the
word "Work," refers to Work that is unsatisfactory,
faulty, or deficient in that it:
a. does not conform to the Contract Documents,
or
b. does not meet the requirements of any
applicable inspection, reference standard, test, or
approval referred to in the Contract Documents,
or
52. Work Change Directive--A written statement
to Contractor issued on or after the Effective Date of the
Agreement and signed by Owner and recommended by
Engineer ordering an addition, deletion, or revision in the
Work, or responding to differing or unforeseen subsurface
or physical conditions under which the Work is to be
performed or to emergencies. A Work Change Directive
will not change the Contract Price or the Contract Times
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for E.JCDC. All rights reserved.
00700 - 8
c. has been damaged prior to Engineer's -
recommendation of final payment (unless
responsibility for the protection thereof has been
assumed by Owner at Substantial Completion in
accordance with Paragraph 14.04 or 14.05).
E. Furnish, Install, Pelform, Provide
1. The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and -deli ver 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, shaIl
mean to furnish and instaIl said services, materials, or
equipment complete and ready for intended use.
4. When "furnish," "instaIl," "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 otherw'ise in the Contract Docu-
ments, words or phrases which have a weIl-known
technical or construction industry or trade meaning are
used in the Contract Documents in accordance with such
recognized meaning.
ARTICLE 2 - PRELIMINARY MATTERS
2.0 I Delivery of Bonds and Evidence of Insurance
A. When Conlractor delivers the executed
counterparts of the Agreement to Owner, Contractor shaIl
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 shaIl 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 wiIl the Contract Times com-
mence to run later than the sixtieth day after the day of
Bid opening or the thirtieth day afler the Effective Date of
the Agreement, whichever date is earlier.
2.04 Starting the Work
A. Contractor shall start to perform the Work on
the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which
the Contract Times commence to run.
2.05 Before Starting Construction
A. Preliminal}' Schedules: Within 10 days after
the Effective Date of the Agreement (unless otherwise
specified in the General Requirements), Contractor shaIl
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 PrecollStruction Conference
A. Before any \Vork at the Site is started, a
conference attended by Ovmer, Contractor, Engineer, and
others as appropriate \viIl 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. Al least 10 days before submission of the first
Application for Payment a conference attended by
Contractor, Engineer, and others as appropriate \vill 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 shaIl be
A. The Contract Times wiIl 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.JCDC C-700 Standard General Conditions of the Construction Contract.
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A. Owner shall furnish to Contractor up to ten
printed or hard copies of the Drawings and Project
Manual. Additional copies wiIl 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:
AivIENDING, 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
Contract Documents shall be
provided in Article 9.
interpretations of the
issued by Engineer as
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and
Regulations
1. Reference to standards, specifications,
manuals, or codes of any lechnical 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. ColltraclOr's Review of Contract Documents
Before Starting Work: Before undertaking each part of the
Work, Contractor shall carefully study and compare the
Contract Documents and check and verify pertinent
figures therein and all applicable field measurements.
Contractor shall promptly report in writing to Engineer
any conflict, error, ambiguity, or discrepancy which
Contractor may discover and shall obtain a written
interpretation or clarification from Engineer before
proceeding with any Work affected thereby.
2. ContraclOr's Review of Contract Documents
During Pelformance of Work: If, during the performance
of the Work, Contractor discovers any conflict, error,
ambiguity, or discrepancy within the Contract Documents
or between the Contract Documents and any provision of
any Law or Regulation applicable to the performance of
the Work or of any standard, specification, manual or
code, or of any instruction of any Supplier, Contractor
shall promptly report it to Engineer in writing. Contractor
shall not proceed with the Work affected thereby (except
in an emergency as required by Paragraph 6.16.A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
Paragraph 3.04.
3. Contractor shall not be liable to Owner or
Engineer for failure to report any conflict, error, ambigu-
ity, or discrepancy in the Contract Documents unless
Contractor knew or reasonably should have known
thereo f.
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 effecti ve to change the duties or applicable to the performance of the Work
EJCDC C-700 Standard General Conditions of the Construction Contract.
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00700 - 10
(unless such an interpretation of the proVisIOns
of the Contract Documents would result in viola-
tion of such Law or Regulation).
3.04 Amending
Documents
and
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.
written
interpretation
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier
or other individual or entity performing or furnishing all
of the Work under a direct or indirect contract with
Contractor, shall not:
1. have or acquire any title to or ownership
rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or
bearing the seal of Engineer or Engineer's consultants,
including electronic media editions; or
2. reuse any of such Drawings, Specifications,
other documents, or copies thereof on extensions
of the Project or any other project without written consent
of Owner and Engineer and specific written verification
or adaption by Engineer.
B. The prohibition of this Paragraph 3.05 will
survive final payment, or termination of the Contract.
Nothing herein shall preclude Contractor from retaining
copies of the Contract Documents for record purposes.
3.06 Electronic Data
A. Copies of data furnished by Owner or
Engineer to Contractor or Contractor to Owner or
Engineer that may be relied upon are limited to the
printed copies (also known as hard copies). Files in
electronic media format of text, data, graphics, or other
types are furnished only for the convenience of the
receiving party. Any conclusion or information obtained
or derived from such electronic files will be at the user's
or
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 AVAILABILITY
SUBSURFACE AT'lD PHYSICAL
R1.\Z ARD 0 US ENVIRONMENT AL
REFERENCE POINTS
OF LANDS;
CONDITIONS;
CONDITIONS;
4.01 A. vailability of Lands
A. Owner shall furnish the Site. Owner shall
notify Conlractor 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. OViOer shall
furnish Contractor with a current statement of record legal
title and legal descriplion 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 ancl access thereto that may be required for
temporary construction facilities or storage of materials
and equipment.
E.JCDC C-700 Standard General Conditions of the Construction Contract.
Copyright (9 2002 National Society of Professional Engineers for E.JCDC. All rights reserved.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary
Conditions identify:
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
Engineer has used in preparing the Contract Documents;
and
2. those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities)
that Engineer has used in preparing the Contract
Documents.
B. Limited Reliance by Contractor on Technical
Data Authoriz.ed: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
1. the completeness of such reports and drawings
for Contractor's purposes, including, but not limited to,
any aspects of the means, methods, techniques,
sequences, and procedures of construction to be employed
by Contractor, and safety precautions and programs
incident thereto; or
2. other data, interpretations, opinions, and
information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions, or information.
4.03
Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsur-
face or physical condition at or contiguous to the Site that
is uncovered or revealed either:
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 indicaled
in the Contract Documents; or
4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally
recognized as inherent in work of the character provided
for in the Contract Documents;
then Contractor shall, promptly after becoming aware
thereof and before further disturbing the subsurface or
physical conditions or performing any Work in connec-
tion therewith (except in an emergency as required by
Paragraph 6.16.A), notify Owner and Engineer in writing
about such condition. Contractor shall not further disturb
such condition or perform any Work in connection
therewith (except as aforesaid) until receipt of written
order to do so.
B. Engineer's Review: After receipt of written
notice as required by Paragraph 4.03.A, Engineer will
promptly review the pertinent condition, determine the
necessity of Owner's obtaining additional exploration or
tests with respect thereto, and advise Owner in writing
(with a copy to Contractor) of Engineer's findings and
conclusions.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times, or
both, will be equitably adjusted to the extent that the
existence of such differing subsurface or physical
condition causes an increase or decrease in Contractor's
cost of, or time required for, performance of the Work;
subject, however, to the following:
a. such condition must meet 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. Conlractor 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
E.JCDC C-700 Standard General Conditions of the Construction Contract.
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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. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to eXlstmg 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 U nder-
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
Hm:.ardous 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 Authoriz.ed: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
1. If an Underground Facility is uncovered or
revealed at or contiguous to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, Contractor shall,
promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as
required by Paragraph 6.16.A), identify the owner of such
Underground Facility and give written notice to that
owner and to Owner and Engineer. Engineer will
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright :g 2002 National Society of Proressional Engineers ror EJCDC. All rights reserved.
00700 - 13
1. the completeness of such reports and drawings
for Contractor's purposes, including, but not limited to,
any aspects of the means, methods, techniques, sequences
and procedures of construction to be employed by
Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opInIOns and
information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions or information.
C. Contractor shall not be responsible for any
Hazardous Environmental Condition uncovered or re-
vealed at the Site which was not shown or indicated in
Drawings or Specifications or identified in the Contract
Documents to be within the scope of the Work.
Contractor shall be responsible for a Hazardous
Environmental Condition created with any materials
brought to the Site by Contractor, Subcontractors,
Suppliers, or anyone else for whom Contractor is
responsible.
D. If Contractor encounters a Hazardous
Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous
Environmental Condition, Contractor shall immediately:
(i) secure or otherwise isolate such condition; (ii) stop all
Work in connection with such condition and in any area
affected thereby (except in an emergency as required by
Paragraph 6.16.A); and (iii) notify Owner and Engineer
(and promptly thereafter confirm such notice in writing).
Owner shall promptly consult with Engineer concerning
the necessity for Owner to retain a qualified expert to
evaluate such condition or take corrective action, if any.
E. Contractor shall not be required to resume
\Vork in connection with such condition or in any affected
area until after Owner has obtained any required permits
related thereto and delivered to Contractor written notice:
(i) specifying that such condition and any affected area is
or has been rendered safe for the resumption of Work; or
(ii) specifying any special conditions under which such
Work may be resumed safely. If Owner and Contractor
cannot agree as to entitlement to or on the amount or
extent, if any, of any adjustment in Contract Price or
Contract Times, or both, as a result of such Work stop-
page or such special conditions under which Work is
agreed to be resumed by Contractor, either party may
make a Claim therefor as provided in Paragraph 10.05.
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times as a result
of deleting such portion of the Work, then either party
may make a Claim therefor as provided in Paragraph
10.05. Owner may have such deleted portion of the Work
performed by Owner's own forces or others in accordance
with Article 7.
G. To the fullest extent permitted by Laws and
Regulations, Owner shall indemnify and hold harmless
Contractor, Subcontractors, and Engineer, and the
officers, directors, partners, employees, agents,
consultants, and subcontractors of each and any of them
from and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to a Hazardous
Environmental Condition, provided that such Hazardous
Environmental Condition: (i) was not shown or indicated
in the Drawings or Specifications or identified in the
Contract Documents to be included within the scope of
the Work, and (ii) was not created by Contractor or by
anyone for whom Contractor is responsible. Nothing in
this Paragraph 4.06. G shall obligate Owner to indemnify
any individual or entity from and against the conse-
quences of that indi vidual's or entity's own negligence.
H. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants, and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to a Hazardous Environmental Condition
created by Contractor or by anyone for whom Contractor
is responsible. Nothing in this Paragraph 4.06.H shall
obligate Contractor to indemnify any individual or entity
from and against the consequences of that individual's or
entity's own negligence.
1. The provisions of Paragraphs 4.02, 4.03, and
4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS Al'fD INSURANCE
5.01 Performance, Payment, and Other Bonds
F. If after receipt of such written notice A. Contractor shall furnish performance and
Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the
a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and
resume such Work under such special conditions, then payment of all of Contractor's obligations under the
Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect
area affected by such condition to be deleted from the until one year after the date when final payment becomes
Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights resened.
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 5.01.B, Contractor shall
promptly notify Owner and Engineer and shall, within 20
days after the event giving rise to such notification,
provide another bond and surety, both of \vhich shall
comply with the requirements of Paragraphs 5.01.B and
5.02.
5.02 Licensed Sureties and Insurers
A. All bonds and insurance required by the
Contract Documents to be purchased and maintained by
Owner or Contractor shall be obtained from surety or
insurance companies that are duly licensed or authorized
in the jurisdiction in which the Project is located to issue
bonds or insurance policies for the limits and coverages
so required. Such surety and insurance companies shall
also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.03
Certificates of Insurance
A. Contractor shall deliver to Owner, with copies
to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Owner or any other additional
insured) which Contractor is required to purchase and
maintain.
B. Owner shall deliver to Contractor, with copies
to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Contractor or any other
additional insured) which Owner is required to purchase
and maintain.
5.04 Contractor's Liability Insurance
from claims set forth below which may arise out of or
result from Contractor's performance of the Work and
Contractor's other obligations under the Contract
Documents, whether it is to be performed by Contractor,
any Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform any of the
Work, or by anyone for whose acts any of them may be
liable:
1. claims under workers' compensation,
disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury.
occupational sickness or disease, or death of Contractor's
employees;
3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
Contractor's employees;
4. cla.ims 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 Stundard General Conditions of the Construction Contract.
Copyright:g 2()02 National Society of Professional Engineers for EJCDC. All rights reserved.
3. include completed operations insurance;
4. include contractual
covering Contractor's indemnity
Paragraphs 6.11 and 6.20;
liability insurance
obligations under
5. contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least 30 days prior
written notice has been gi ven to Owner and Contractor
and to each other additional insured identified in the
Supplementary Conditions to whom a certificate of
insurance has been issued (and the certificates of
insurance furnished by the Contractor pursuant to
Paragraph 5.03 will so provide);
6. remain in effect at least until final payment
and at all times thereafter when Contractor may be
correcting, removing, or replacing defective Work in
accordance with Paragraph 13.07; and
7. with respect to completed operations insur-
ance, and any insurance coverage written on a claims-
made basis, remain in effect for at least two years after
final payment.
a. Contractor shall furnish Owner and each other
additional insured identified in the 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 10 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 ha ve 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 wai ver 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-iOO Standard Gcncral Conditions of the Construction Contract.
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OOiOO - 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 righls 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 Acceprance of Bonds alld 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 \vith the Contract
EJCDC C-700 Standard General Conditions of thc Construction Contract.
Copyright @ 2002 National Society of Prol'essional Engineers for E.J CDC. All rights reserved.
Documents, the objecting party shall so notify the other
party in writing within 10 days after receipt of the
certificates (or other evidence requested) required by
Paragraph 2.0 l.B. Owner and Contractor shall each
provide to the other such additional information in respect
of insurance provided as the other may reasonably
request. If either party does not purchase or maintain all
of the bonds and insurance required of such party by the
Contract Documents, such party shall notify the other
party in writing of such failure to purchase prior to the
start of the Work, or of such failure to maintain prior to
any change in the required coverage. Without prejudice to
any other right or remedy, the other party may elect to
obtain equi valent 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 Pm'lial 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 req uired for the safety or
protection of persons or the Work or property at the Site
or adjacent thereto, and except as otherwise stated in the
Contract Documents, all Work at the Site shall be
performed during regular working hours. Contractor will
not permit the performance of Work on a Saturday,
Sunday, or any legal holiday without Owner's written
consent (which will not be unreasonably withheld) given
after prior written notice to Engineer.
6.03 Services, iVlaterials, 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.
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Copyright:g 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 18
1. Contractor shall submit to Engineer for
acceptance (to the extent indicated in Paragraph 2.07)
proposed adjustments in the Progress Schedule that will
not result in changing the Contract Times. Such adjust-
ments will comply with any provisions of the General Re-
quirements applicable thereto.
2) it will conform substantially to the
detailed requirements of the item named in the
Contract Documents.
2. Substitute Items
2. Proposed adjustments in the Progress
Schedule that will change the Contract Times shall be
submitted in accordance with the requirements of Article
12. Adjustments in Contract Times may only be made by
a Change Order.
a. If in Engineer's sole discretion an item of
material or equipment proposed by Contractor
does not qualify as an "or-equal" item under
Paragraph 6.05.A1, it will be considered a
proposed substitute item.
6.05 Substillltes 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. Requ.ests
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 m substance to that
specified, and
1) it is at least equal in materials of
construction, quality, durability, appearance,
strength, and design characteristics;
c) be suited to the same use as that
specified;
2) will state:
2) it will reliably perform at least
equally well the function and achieve the results
imposed by the design concept of the completed
Project as a functioning whole,
a) the extent, if any, to which the use of
the proposed substitute item will preju-
dice Contractor's achievement of
Substantial Completion on time;
1) there will be no increase in cost to
the Owner or increase in Contract Times, and
EJCDC C-700 Standard General Conditions or the Construction Contract.
Copyright 19 2002 National Society or Proressional Engineers 1'01' EJCDC. All rights reserved.
b) whether or not use of the proposed
substitute item in the Work will require
a change in any of the Contract Docu-
ments (or in the provisions of any other
direct contract with Owner for other
work on the Project) to adapt the design
to the proposed substitute item; and
3) it has a proven record of performance
and availability of responsive service; and
b. Contractor certifies that. if approved and
incorporated into the Work:
c) whether or not incorporation or use
of the proposed substitute item in con-
nection with the Work is subject to
payment of any license fee or royalty;
3) will identify:
a) all variations of the proposed
substitute item from that specified, and
b) available engineering, sales,
maintenance, repair, and replacement
servIces;
4) and shall contain an itemized esti-
mate of all costs or credits that will result
directly or indirectly from use of such substitute
item, including costs of redesign and claims of
other contractors affected by any resulting
change,
B. Substitute Construction lvJethods 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 req1llre
Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respecI to any
substitute.
E. Engineer's Cost Reimbursement: Engineer
will record Engineer's costs in evaluating a substitute
proposed or submitted by Contractor pursuant to
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
charges of Engineer for evaluating each such proposed
substitute. Contractor shall also reimburse Owner for the
charges of Engineer for making changes in the Contract
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 \vaiver 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 sLlch
Subcontractor, Supplier, or other individual or entity any
contractual relationship between Owner or Engineer and
any such Subcontractor, Supplier or other individual or
entity, nor
2. shall anything in the Contract Documents
create any obligation on the part of Owner or
Engineer to payor to see to the payment of any moneys
due any sLlch Subcontractor, Supplier, or other individual
EJCDC C-700 Standard General Conditions of the Construction Contract.
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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 \Vork 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. \Vhenever 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
Palent Fees and Royalties
A Contractor shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design, process, product, or device
which is the subject of patent rights or copyrights held by
others. If a particular invention, design, process, product.
or device is specified in the Contract Documents for use
in the performance of the Work and if to the actual
knowledge of Owner or Engineer its use is subject to
patent rights or copyrights calling for the payment of any
license fee or royalty to others, the existence of such
rights shall be disclosed by Owner in the Contract
Documents.
B. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to any infringement of patent rights or
copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of
any invention, design, process, product, or device not
specified in the Contract Documents.
6.08
Permits
A. Unless otherwise provided in the Supple-
mentary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist
Contractor, when necessary, in obtaining such permits
and licenses. Contractor shall pay all governmental
charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening
of Bids, or, if there are no Bids, on the Effective Date of
the Agreement. Owner shall pay all charges of utility
owners for connections for providing permanent service
to the Work.
6.09
Laws and Regulations
A Contractor shall give all notices required by
and shall comply with all Laws and Regulations applica-
ble to the performance of the Work. Except where
otherwise expressly required by applicable Laws and
Regulations, neither Owner nor Engineer shall be
responsible for monitoring Contractor's compliance with
any Laws or Regulations.
B. If Contractor performs any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs,
losses, and damages (including but not limited to all fees
and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's pnmary
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 kno\'iD at
the time of opening of Bids (or, on the Effective Date of
the Agreement if there \vere 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 :g 2002 National Society of Professional Engineers for EJ CDC. All rights rescned.
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, "Vork 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 \vill 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 P rotectioll
A. Contractor shall be solely responsible for
initiating, maintaining and supervising all safety precau-
tions and programs in connection with the Work.
Contractor shall take all necessary precautions for the
safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected
by the Work;
2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off the
Site; and
3. other property at the Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
not designated for removal, relocation, or replacement in
the course of construction.
B. Contractor shall comply with all applicable
Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safely and protection.
Contractor shall notify owners of adjacent property and of
Underground Facilities and other utility owners 'ivhen
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 Stand8rd Gener81 Conditions or the Construction Contr8ct.
Copyright <9 2002 N8tiormI Society or Proression81 Engineers ror EJCDC. All rights reserved.
00700 - 22
ings or Specifications or to the acts or orrusslOns 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 Hawrd 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 \Vork 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
req uired by Paragraph 6.17.D.
2. Samples: Contractor shall also submit
Samples to Engineer for review and approval in accor-
dance with the acceptable schedule of Shop Drawings and
Sample submittals.
a. Submit number of Samples specified In the
Specifications.
b. Clearly identify each Sample as to material,
Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as
Engineer may require to enable Engineer to
review the submittal for the limited purposes
required by Paragraph 6.17 .D.
B. Where a Shop Drawing or Sample is required
by the Contract Documents or the Schedule of Submittals
, any related Work performed prior to Engineer's review
and approval of the pertinent submittal will be at the sole
expense and responsibility of Contractor.
C. Submittal Procedures
1. Before submitting each Shop Dra\ving 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
Draw'ings 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@ZOOZ National Society of Professional Engineers for EJCDC. All rights reserved.
a. Submit number of copies specified In the
General Requirements.
A To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
A. Contractor shall carryon the Work and adhere limited to all fees and charges of engineers, architects,
Progress Schedule during all disputes or attorneys, and other professionals and all court or
EJCDC C-700 Standard General Conditions of the Conslruction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJ CDC. All rights reserved.
00700 - 24
with respect to Contractor's review and approval of that
submittal.
3. With each submittal, Contractor shall give
Engineer specific written notice of any variations, that the
Shop Drawing or Sample may have from the requirements
of the Contract Documents. This notice shall be both a
written communication separate from the Shop Drawing's
or Sample Submittal; and, in addition, by a specific
notation made on each Shop Drawing or Sample submit-
ted to Engineer for review and approval of each such
variation.
D. Engineer's Review
1. Engineer will provide timely review of Shop
Drawings and Samples in accordance with the Schedule
of Submittals acceptable to Engineer. Engineer's review
and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract Docu-
ments.
2. Engineer's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of con-
struction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
3. Engineer's review and approval shall not
relieve Contractor from responsibility for any variation
from the requirements of the Contract Documents unless
Contractor has complied with the requirements of
Paragraph 6.l7.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
the
disagreements with Owner. No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by Paragraph 15.04 or
as Owner and Contractor may otherwise agree in writing.
6.19 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to Owner
that all Work will be in accordance with the Contract
Documents and will not be defective. Engineer and its
Related Entities shall be entitled to rely on representation
of Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee
hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance
or operation by persons other than Contractor, Sub-
contractors, Suppliers, or any other individual or entity for
whom Contractor is responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the Contract Documents or a release of Contractor's
obligation to perform the Work in accordance with the
Contract Documents:
1. observations by Engineer;
2. recommendation by Engineer or payment by
Owner of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by Engineer or any payment related thereto
by Owner;
4. use or occupancy of the Work or any part
thereof by Owner;
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
llzdemnificarion
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 survi vor 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
Dra wings 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
E.JCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for E.JCDC. All rights reserved.
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
Supplementary Conditions, Owner shall have
authority and responsibility for such coordination.
7.03
Legal Relationships
A. Paragraphs 7.0 LA and 7.02 are not applicable
for utilities not under the control of Owner.
B. Each other direct contract of Owner under
Paragraph 7.0 I.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.
the
sole
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications CO Contractor
A. Except as otherwise provided in these General
Conditions, Owner shall issue all communications to
Contractor through Engineer.
8.02 Replacemellt 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 Lo.nds 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 S.
8.07
Change Orders
A. Owner is obligated to execute Change Orders
as indicated in Paragraph 10.03.
8.08 Inspections, Tests, and A.pprovals
A. Owner's responsibility in respect to certain
inspections, tests, and approvals is set forth in Paragraph
13.03.B. ..
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights rescned.
8.09
Limitations on Owner's Respollsibilities
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
Conditioll
Hazardolis
Environmental
A. Owner's responsibility in respect to an undis-
closed Hazardous Environmental Condition is set forth in
Paragraph 4.06.
8.11 Evidence of Financial Arrangemems
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 ENGIr{EER'S STATUS DURING
CONSTRUCTION
9.01 Owner's Representative
A. Engineer will be Owner's representative
during the construction period. The duties and responsi-
bilities and the limitations of authority of Engineer as
Owner's representative during construction are set forth
in the Contract Documents and will not be changed
without written consent of Owner and Engineer.
9.02 Visits to Site
A. Engineer will make visits to the Site at inter-
vals appropriate to the various stages of construction as
Engineer deems necessary in order to observe as an
experienced and qualified design professional the
progress that has been made and the quality of the various
aspects of Contractor's executed Work. Based on
information obtained during such visits and observations,
Engineer, for the benefit of Owner, will determine, in
general, if the Work is proceeding in accordance with the
Contract Documents. Engineer will not be required to
make exhaustive or continuous inspections on the Site to
check the quality or quantity of the Work. Engineer's
efforts will be directed toward providing for Ow'ner 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 'Hork.
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 extensi ve 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 indi vidual 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 fVork
A. Engineer will have authority to reject Work
which Engineer believes to be defective, or that Engineer
believes will not produce a completed Project that
conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed
Project as a functioning whole as indicated by the
Contract Documents. Engineer will also have authority to
require special inspection or testing of the Work as
provided in Paragraph 13.04, whether or not the Work is
fabricated, installed, or completed.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for E.J COCo All rights reserved.
9.06
Shop Drmvings, 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 gi ving rise to the issues referenced for the purposes
of Paragraph 1O.OS.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
indi vidual 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 LaViS 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 indi vidual or entity performing
any of the \Vork.
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 Aurhorized Changes in [he vFork
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
E.JCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for E.JCDC. All rights resened.
00700 - 28
promptly proceed with the Work involved which will be
performed under the applicable conditions of the Contract
Documents (except as otherwise speci ficall y 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 Unauthoriz.ed Changes in the Work
A.Contractor shall not be entitled to an increase
In the Contract Price or an extension of the Contract
Times with respect to any work performed that is not
required by the Contract Documents as amended,
modified, or supplemented as provided in Paragraph 3.04,
except in the case of an emergency as provided in
Paragraph 6.16 or in the case of uncovering Work as
provided in Paragraph 13 .04.B.
10.03 Execution of Change Orders
A. Owner and Contractor shall execute appropri-
ate Change Orders recommended by Engineer covering:
1. changes in the Work which are: (i) ordered by
Owner pursuant to Paragraph 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 lO 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
gi ving rise thereto. The responsibility to substantiate a
Claim shall rest with the party making the Claim. Notice
of the amount or extent of the Claim, with supporting data
shall be delivered to the Engineer and the other party to
the Contract within 60 days after the start of such event
(unless Engineer allows additional time for claimant to
submit additional or more accurate data in support of such
Claim). A Claim for an adjustment in Contract Price shall
be prepared in accordance with the provisions of
Paragraph 12.01.B. A Claim for an adjustment in Contract
Time shall be prepared in accordance with the provisions
of Paragraph 12.02.B. Each Claim shall be accompanied
by claimant's written statement that the adjustment
claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The
opposing party shall submit any response to Engineer and
the claimant within 30 days after receipt of the claimant's
last submittal (unless Engineer allows additional time).
C. Engineer's Action: Engineer will review each
Claim and, within 30 days after receipt of the last
submittal of the claimant or the last submittal of the
opposing party, if any, take one of the following actions
in writing:
1. deny the Claim in whole or in part,
2. approve the Claim, or
3. notify the parties that the Engineer is unable to
resolve the Cl~im if, in the Engineer's sole discretion, it
would be inappropriate for the Engineer to do so. For
purposes of further resolution of the Claim, such notice
shall be deemed a denial.
D. In the event that Engineer does not take action
on a Claim within said 30 days, the Claim shall be
deemed denied.
E. Engineer's written action under Paragraph
10.05.C or denial pursuant to Paragraphs 10.05.C.3 or
1O.05.D will be final and binding upon Owner and
Contractor, unless Owner or Contractor invoke the
dispute resolution procedure set forth in Article 16 within
30 days of such action or denial.
E.JCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
F. No Claim for an adjustment in Contract Price
or Contract Times will be valid if not submitted in
accordance \vith this Paragraph 10.05.
ARTICLE 11 COST OF THE WORK;
ALLOW Ai'-!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 I.B.
1. Payroll costs for employees in the direct
employ of Contractor in the performance of the Work
under schedules of job classifications agreed upon by
Owner and Contractor. Such employees shall include,
without limitation, superintendents, foremen, and other
personnel employed full time at the Site. Payroll costs for
employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work.
Payroll costs shall include, but not be limited to, salaries
and wages plus the cost of fringe benefits, which shall
include social security contributions, unemployment,
excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and
holiday pay applicable thereto. The expenses of
performing Work outside of regular working hours, on
Saturday, Sunday, or legal holidays, shall be included in
the above to the extent authorized by Owner.
2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to Contractor unless Owner
deposits funds with Contractor with which to make pay-
ments, in which case the cash discounts shall accrue to
Owner. All trade discounts, rebates and refunds and
returns from sale of surplus materials and equipment shall
accrue to Owner, and Contractor shall make provisions so
that they may be obtained.
Contractor and shall deliver such bids to Owner, who \vill
then determine, with the advice of Engineer, which bids,
if any, will be acceptable. If any subcontract provides that
the Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work
and fee shall be determined in the same manner as
Contractor's Cost of the Work and fee as provided in this
Paragraph 11.01.
4. Costs of special consultants (including but not
limited to Engineers, architects, testing laboratories,
surveyors, attorneys, and accountants) employed for
services specifically related to the \Vork.
S. 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 \vhen 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 S.06.D), provided such losses and damages have
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC All rights resened.
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 \Vork
shall not include any of the following items:
1. Payroll costs and other compensation of
Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers,
safety managers, engineers, architects, estimators, attor-
neys, auditors, accountants, purchasing and contracting
agents, expediters, timekeepers, clerks, and other
personnel employed by Contractor, whether at the Site or
in Contractor's principal or branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of job classifications referred
to in Paragraph 11.01.A.l or specifically covered by
Paragraph 11.01.AA, all of which are to be considered
administrati ve costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch
offices other than Contractor's office at the Site.
3. Any part of Contractor's capital expenses,
including interest on Contractor's capital employed for
the Work and charges against Contractor for delinquent
payments.
4. Costs due to the negligence of Contractor, any
Subcontractor, or anyone directly or indirectly employed
by any of them or for whose acts any of them may be
liable, including but not limited to, the correction of
defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to
property.
S. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in Paragraphs 11.01.A and 11.01.B.
C. Conrractor's Fee: When all the Work is
performed on the basis of cost-plus, Contractor's fee shall
be determined as set forth in the Agreement. When the
value of any Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined
on the basis of Cost of the Work, Contractor's fee shall be
determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the
Work for any purpose is to be determined pursuant to
Paragraphs 11.0 I.A and 11.0 I.B, Contractor will establish
and maintain records thereof in accordance with generally
accepted accounting practices and submit in a form
acceptable to Engineer an itemized cost breakdown
together with supporting data.
11.02 Allowances
A. It is understood that Contractor has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the \Vork 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
allO\vances 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 Ow'ner 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 Wark
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
times the estimated quantity of each item as indicated in
the Agreement.
EJCDC C-700 Standard General, Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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;
CHAL'\iGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a
Change Order. Any Claim for an adjustment in the
Contract Price shall be based on written notice submitted
by the party making the Claim to the Engineer and the
other party to the Contract in accordance with the
provisions of Paragraph 10.05.
B. The value of any Work covered by a Change
Order or of any Claim for an adjustment in the Contract
Price will be determined as follows:
1. where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of such unit prices to the quantities of the items
invol ved (subject to the provisions of Paragraph 11.03);
or
2. where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily In
accordance with Paragraph 12.01.C.2); or
3. where the Work involved is not covered by
unit prices contained in the Contract Documents and
agreement to a lump sum is not reached under Paragraph
12.01.B.2, on the basis of the Cost of the Work
(determined as provided in Paragraph 11.01) plus a
Contractor's fee for overhead and profit (determined as
provided in Paragraph 12.01.C).
C. Contractor's Fee: The Contractor's fee for
overhead and profit shall be determined as follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various portions
of the Cost of the Work:
a. for costs incurred under Paragraphs ll.0l.A.l
and 11.01.A.2, the Contractor's fee shall be IS
percent;
b. for costs incurred under Paragraph 11.01.A.3,
the Contractor's fee shall be five percent;
c. where one or more tiers of subcontracts are on
the basis of Cost of the Work plus a fee and no
fixed fee is agreed upon, the intent of Paragraph
12.01.C.2.a is that the Subcontractor who
actually performs the Work, at whatever tier, will
be paid a fee of 15 percent of the costs incurred
by such Subcontractor under Paragraphs
11.01.A.l and 11.01.A.2 and that any higher tier
Subcontractor and Contractor will each be paid a
fee of five percent of the amount paid to the next
lower tier Subcontractor;
d. no fee shall be payable on the basis of costs
itemized under Paragraphs 11.01.A.4, 11.01.A.5,
and 11.01.B;
e. the amount of credit to be allow'ed by
Contractor to Owner for any change which
results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal
to five percent of such net decrease; and
f. when both additions and credits are involved
in anyone change, the adjustment in
Contractor's fee shall be computed on the basis
of the net change in accordance with Paragraphs
12.01.C.2.a through 12.01.C.2.e, inclusive.
12.02
Change of Contract Times
A. The Contract Times may only be changed by
a Change Order. Any Claim for an adjustment in the
Contract Times shall be based on written notice submitted
E.JCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 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'TD INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
Owner or Engineer has actual knowledge will be given to
Contractor. All defective Work may be rejected,
corrected, or accepted as provided in this Article 13.
13.02 Access to "\Vork
A. Owner, Engineer, their consultants and other
representatives and personnel of Owner, independent
testing laboratories, and governmental agencies with
jurisdictional interests will have access to the Site and the
Work at reasonable times for their observation,
inspecting, and testing. Contractor shall provide them
proper and safe conditions for such access and advise
them of Contractor's Site safety procedures and programs
so that they may comply therewith as applicable.
13 .03 Tests and Inspections
A. Contractor shall give Engineer timely notice
of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
B. Owner shall employ and pay for the services
of an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
1. for inspections, tests, or approvals covered by
Paragraphs 13.03.C and 13.03.D below;
2. that costs incurred in connection with tests or
inspections conducted pursuant to Paragraph 13.04.B
shall be paid as provided in said Paragraph 13.04.C; and
3. as otherwise specifically provided in the Con-
tract Documents.
C. If Laws or Regulations of any public body
having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by an
employee or other representative of such public body,
Contractor shall assume full responsibility for arranging
and obtaining such inspections, tests, or approvals, pay all
costs in connection therewith, and furnish Engineer the
required certificates of inspection or approval.
E. Contractor shall not be entitled to an
adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging
within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with
and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's
be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to
E.JCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
be incorporated in the Work; or acceptance of materials,
mix designs, or equipment submitted for approval prior to
Contractor's purchase thereof for incorporation in the
Work. Such inspections, tests, or approvals shall be
performed by organizations acceptable to Owner and
Engineer.
E. If any Work (or the work of others) that is to
be inspected, tested, or approved is covered by Contractor
without written concurrence of Engineer, it must, if
requested by Engineer, be uncovered for observation.
F. Uncovering Work as provided in Paragraph
13.03.E shall be at Contractor's expense unless
Contractor has given Engineer timely notice of
Contractor's intention to cover the same and Engineer has
not acted with reasonable promptness in response to such
notice.
13.04 Uncovering Work
A. If any \V ork 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
defecti ve, 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 lvlay 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 6.11.A is found to be
defective, Contractor shall promptly, without cost to
Owner and in accordance with Owner's written
instructions:
1. repair such defecti ve 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 or the Construction Contract.
Copyright @ 2002 National Society or Professional Engineers for E.JCDC. All rights reserved.
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 i'yfay 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 \vith 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 O\vner to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred or sustained by Owner in exercising the
rights and remedies under this Paragraph 13.09 will be
charged against Contractor, and a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and Owner
shall be entitled to an appropriate decrease in the Contract
Price. If the parties are unable to agree as to the amount of
the adjustment, Owner may make a Claim therefor as
provided in Paragraph 10.05. Such claims, costs, losses
and damages will include but not be limited to all costs of
repair, or replacement of work of others destroyed or
damaged by correction, removal, or replacement of
Contractor's defective \Vork.
D. Contractor shall not be allowed an extension
of the Contract Times because of any delay in the
performance of the Work attributable to the exercise by
Owner of Owner's rights and remedies under this
Paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR Ai~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 Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJ CDC. All rights reserved.
00700 -
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.
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 defecti ve, or completed Work has
been damaged, requiring correction or replace-
ment;
b. the Contract Price has been reduced by
Change Orders;
c. Owner has been required to correct defective
Work or complete Work in accordance with
Paragraph 13.09; or
d. Engineer has actual knowledge of the
occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the Application
for Payment to Owner with Engineer's recommendation,
the amount recommended will (subject to the provisions
of Paragraph 14.02.D) become due, and when due will be
paid by Owner to Contractor.
D. Reduction in Payment
1. Owner may refuse to make payment of the full
amount recommended by Engineer because:
a. claims have been made against Owner on
account of Contractor's performance or furnish-
ing of the Work;
b. Liens have been filed in connection with the
Work, except where Contractor has delivered a
specific bond satisfactory to Owner to secure the
satisfaction and discharge of such Liens;
c. there are other items entitling Owner to a
set-off against the amount recommended; or
d. Owner has actual knowledge of the occurrence
of any of the events enumerated in Paragraphs
14.02.B.5.a through 14.02.B.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.l.
14.03 Contractor's Warranty of Title
A. Contractor warrants and guarantees that title
to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to Owner no later than the time of
payment free and clear of all Liens.
14.04 Substantial Completion
A. When Contractor considers the entire Work
ready for its intended use Contractor shall notify Owner
and Engineer in writing that the entire Work is
substantially complete (except for items specifically listed
by Contractor as incomplete) and request that Engineer
issue a certificate of Substantial Completion.
B. Promptly after Contractor's notification,
Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of
completion. If Engineer does not consider the 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) rdlecting such changes from the tentative certificate
as Engineer believes justified after consideration of any
objections from Owner.
D. At the time of delivery of the tentative
certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written recommen-
dation as to division of responsibilities pending final
payment between Owner and Contractor with respect to
security, operation, safety, and protection of the Work,
maintenance, heat, utilities, insurance, and warranties and
guarantees. Unless Owner and Contractor agree otherwise
in writing and so inform Engineer in writing prior to
Engineer's issuing the definitive certificate of Substantial
E.JCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJ CDC. All rights reserved.
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 Utiliz.ation
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
IDsurance.
14.06 Final Inspection
that the Work is incomplete or defective. Contractor shall
immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
14.07 Final Paymenr
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
S.04.B.7;
b. consent of the surety, if any, to final payment;
c. a list of all Claims against Owner that
Contractor believes are unsettled; and
d. complete and legally effective releases or
waivers (satisfactory to Owner) of all Lien rights
arising out of or Liens filed in connection with
the Work.
3. In lieu of the releases or waivers of Liens
specified in Paragraph 14.07.A.2 and as approved by
Owner, Contractor may furnish receipts or releases in full
and an affidavit of Contractor that: (i) the releases and
receipts include all labor, services, material, and
equipment for which a Lien could be filed; and (ii) all
payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner
or Owner's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
Contractor may furnish a bond or other collateral
satisfactory to Owner to indemnify Owner against any
Lien.
B. Engineer's Review of Application and
Acceptance
1. If, on the basis of Engineer's observation of
A. Upon written notice from Contractor that the the Work during construction and final inspection, and
entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment
Engineer will promptly make a final inspection with and accompanying documentation as required by the
Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work
writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for 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 OViDer 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 wai ver 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 \VORK Al'W
TERMINATION
15.01 Owne.r Ivlay 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 \\ifiting 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 ivla.v Terminate for Cause
A. The occurrence of anyone or more of the
following events will justify termination for cause:
1. Contractor's persistent failure to perform the
\Vork 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 La ws 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 IS.02.A occur, Owner may, after giving
Contractor (and surety) seven clays written notice of its
intent to terminate the services of Contractor:
1. exclude Contractor from the Site, and take
possession of the Work and of all Contractor's tools,
appliances, construction equipment, and machinery at the
Site, and use the same to the full extent they could be
used by Contractor (without liability to Contractor for
trespass or conversion),
2. incorporate in the Work all materials and
equipment stored at the Site or for which Owner has paid
Contractor but which are stored elsewhere, and
2. a waiver of all Claims by Contractor against
Owner other than those previously made in accordance
E.JCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @2002 National Society of Professional Engineers for EJCDC. All rights resened.
3. complete the Work as Ow'ner may deem
expedient.
C. If Owner proceeds as provided in Paragraph
IS.m.B, Contractor shall not be entitled to receive any
further payment until the "Vork 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 lS.02.B and
15.02.C, Contractor's services will not be terminated if
Contractor begins \vithin 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 S.01.A, the termination procedures of that bond
shall supersede the provisions of Paragraphs IS.02.B, and
IS.02.C.
15.03 Ovvner lvlay 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 ariy items):
1. completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effecti ve 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 CO/lfractor JHay Stop \Vork 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 IVlethods 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
E.JCDC 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 l\rbitration Association in effect as of the
Effective Date of the Agreement. The request for
mediation shall be submitted in writing to the American
A.rbitration 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 10.05.C or a denial
pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become
final and binding 30 days after termination of the
mediation unless, within that time period, Owner or
Contractor:
1. elects in wf!tmg 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 \vritten notice to the other party of their
intent to submit the Claim to a court of competent
jurisdiction.
ARTICLE 17 - MISCELLAJ."1"EOUS
17.01 Giving Notice
A. Whenever any provision of the Contract
Documents requires the gi ving of written notice, it will be
deemed to have been validly given if:
1. delivered in person to the individual or to a
member of the firm or to an officer of the corporation for
whom it is intended, or
2. delivered at or sent by registered or certified
mail, postage prepaid, to the last business address known
to the gi ver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If
the last day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day will be omitted from the
computation.
17 .03 CUlIlulative Remedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto are in addition to, and are
not to be construed in any way as a limitation of, any
rights and remedies available to any or all of them which
are otherwise imposed or available by Laws or Regula-
tions, by special warranty or guarantee, or by other
provisions of the Contract Documents. The provisions of
this Paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right, and remedy to
which they apply.
17 .04 Survival of Obligations
A. All representations, indemnifications, warran-
ties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all
continuing obligations indicated in the Contract Docu-
ments, will survive final payment, completion, and
acceptance of the Work or termination or completion of
the Contract or termination of the services of Contractor.
17 .05 Controlling Law
A. This Contract is to be governed by the la \v of
the state in \vhich the Project is located.
17.06 Headings
A. Article and paragraph headings are inserted
for convenience only and do not constitute parts
of these General Conditions.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @2002 National Society or Proressional Engineers for EJCDC. All rights reserved.
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&:lllI Rosene
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En;~"ceers & Ar'"..r.':e~..s
NEW HOPE. MINNESOTA
HillSIDE TERRACE DEVELOPMENT
STANDARD DETAILS
CITY PROJECT No. E04-0B
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Cl;m ~~~~~I~k &
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NEW HOPE, MINNESOTA
HILLSIDE TERRACE DEVELOPMENT
STP.NDARD DETAILS
ITY PROJECT No. E04-06
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II=- Rosene
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NEW HOPE, MINNESOTA
HillSIDE TERRACE DEVELOPMENT
STANDARD DETAilS
CITY PROJECT No. E04-05
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COUNCIL
Request for Action
Originating Department
Approved for Agenda
Agenda Section
Public Warks
December 12, 2005
Consent
Item No.
By:
Guy Jolu1son
6.7
Resolution to accept the Hillside Terrace infrastructure project and to approve the final payment request
(improvement project 771)
Requested Action
Staff recommends that Council approve a motion to accept the Hillside Terrace infrastructure project and
authorize final payment to Carl Bolander and Sons Company in the amount of $21,910.06, for the consh'uction
of a city street, cul-de-sac, and necessary infrastruchlre improvements.
Background
Allen Chazin Homes entered into an agreement with St. Joseph's Church to purchase out lot A on the \vest
edge of the church property. A plat plan that includes seven lots was proposed for the development. In order
for the development to proceed, a street, cul-de-sac, and the associated infrastructure needed to be installed.
The City Council authorized the preparation of plans and specifications for construction of the necessary
infrastruchlre on June 14, 2004, and approved plans and specifications on June 28, 2004. Six bids were
received on July 19, 2004. The lowest responsible bid for the construction of the infrastructure was from Carl
Bolander & Sons Company.
The engineer's construction cost estimate was $202,000 for the 35th A venue extension, the cul-de-sac, and the
utilities. The city of New Hope is responsible for the installation of a trunk storm water pipe serving existing
neighborhoods. The city is also responsible for a portion of the street construction costs associated with
reconstruction of the existing 35th Avenue, between Ensign Avenue and out lot A, which was impacted by
the trunk storm water pipe installation. The balance of the contract cost is the responsibility of the developer
through an assessment agreement.
Motion by
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lLi.:J uS - / to I
Second by
To:
Ii
I: \RF A \ PUBWORKS\2005\ 771 Hillside Terrace Final.doc
Request for Action
December 12, 2005
Page 2
Funding
The total construction cost for the project was $191,189.48. The city's cost for its portion of the project is
$53,527.15. The balance of the project's construction costs, $137,662.33, is the responsibility of the developer
through the assessment agreement. The city's portion of this project was funded through the street
infrastructure fund and storm water fund.
Attachments
Copies of the resolution, engineer's memorandum recommending the acceptance of the project, and the
final pay request are attached.
I: \ RF A \ PUBWORKS\2005 \ 771 Hillside Terrace Final.doc
City of New Hope
Resolution No. 05- 161
Resolution to accept the Hillside Terrace infrastructure project
and approve the final payment request
(improvement project 771)
WHEREAS, the city has entered into a contract with Carl Bolander and Sons Company for
construction of the Hillside Terrace infrastructure project; and,
WHEREAS, staff is recommending that the Council adopt a resolution to accept
improvement project 771 and approve final payment to Carl Bolander and Sons
Company in the amount of $21,910.06; and,
WHEREAS, the city engineer has reported that all work has been satisfactorily completed
and recommends that final payment be made to Carl Bolander and Sons
Company.
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 Hillside Terrace infrastructure project from
Carl Bolander and Sons Company.
2. That the city manager is hereby directed to authorize the final payment of
$21,910.06 to Carl Bolander and Sons Company subject to submittals of the
required IC-134 Forms.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 12th
day of December, 2005.
/JI~~
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Attest:
~~
l../
City Clerk
[:RF A \Pubworks \ 2005\ 771 Final Resolution
n Bonestroo
II:lII!III Rosene
1f\II Anderlik &
. \11 Associates
Engineers & Architects
2335 West Highway 36 . St. Paul, MN 55113
Office: 651-636-4600 · Fax: 651-636-1311
www.bonestroo.com
December 5,2005
Mr. Guy Johnson
City of New Hope Public Works
5500 International Parkway
New Hope, MN 55428
Re: Hillside Terrace Infrastructure Improvements
City Project No. 771
Bonestroo Project No. 000034-04162-0
Dear Guy:
Enclosed fInd the signed fInal pay request and IC-134 forms for the Hillside Terrace Infrastructure
Improvements project. All work involved in this project has been completed. We recommend fmal
payment in the amount of$21,91O.06.
The fmal contract amount is for $202,545.31. The fmal value of work completed is $191,189.48, or
$11,355.83 (5.6%) less than the contract. Savings were realized due to reduced quantities required for
multiple Bid Items. Some of the items that required less than esthliated quantity include 8" Gate Val've,
Improved Pipe Foundation, and Silt Fence.
If you have questions, please contact me at 651-604-4938.
Sincerely,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INe.
~~
Jason Quisberg
enclosures
a St. Paul, St. Cloud, Rochester, MN a Milwaukee, WI a Chicago, IL
Affirmative Action/Equal Opportunity Employer and Employee Owned
~ Bonestroo Owner: Cit
G ~~~~r~ik& For Period: 6/24/2005 to 12/2/2005
.~. Associates Contractor: Carl Bolander & Sons Com
Engineers & Architects
Date: December 2, 2005
Re uest No: 4 AND FINAL
St., St. Paul, MN 55107
CONTRACTOR'S REQUEST FOR PAYMENT
HILLSIDE TERRRACE INFRASTRUCTURE IMPROVEMENTS
BRA FILE NO. 000034-04162-0
CITY PROJECT NO. 771
SUMMARY
1 Original Contract Amount $ 191,811.31
2 Change Order - Addition $ 10,734.00
3 Change Order - Deduction $ 0.00
4 Revised Contract Amount $ 202,545.31
5 Value Completed to Date $ 191,189.48
6 Material on Hand $ 0.00
7 Amount Earned $ 191,189.48
8 Less Retainage 0% $ 0.00
9 Subtotal $ 191,189.48
10 Less Amount Paid Previously $ 169,279.42
11 Liquidated damages - $ 0.00
12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 4 AND FINAL $ 21.910.06
Recommended for Approval by:
BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC.
~~
Approved by Contractor:
CARL BOLANDER & SONS COMPANY
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Approved ~ Owner:
CITY OFjH:W HOPE
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August 15, 2005
Date:
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3404162REQ4FINAL.x1s
Contract Unit Current Quantity Amount
No. Item Unit Quantity Price Quantity to Date to Date
PART 1 - SANITARY SEWER:
1 MOBILIZATION LS 1 8300.00 0.1 1 $8,300.00
2 TRAFFIC CONTROL LS 1 1920.00 0.1 1 $1,920.00
3 REMOVE SANITARY SEWER PIPE LF 158 12.92 158 $2,041.36
4 CORE DRILL CONNECTION TO EXISTING MANHOLE EA 1 790.00 1 $790.00
5 8" PVC SANITARY SEWER, SDR 35,0'-10' DEEP LF 55 17.35 20 $347.00
6 8" PVC SANITARY SEWER, SDR 35,10'-15' DEEP LF 275 20.85 310 $6,463.50
7 8" X 4" PVC WYE, SDR 35 EA 7 211.00 7 $1,477.00
8 4' DIAMETER SANITARY MH WITH RINGS & CASTING EA 1 1500.00 1 $1,500.00
9 4' DIAMETER SANITARY MANHOLE OVERDEPTH LF 7 147.00 7 $1,029.00
10 IMPROVED PIPE FOUNDATION, PER 6" INCREMENT LF 330 1.50 $0.00
TOTAL PART 1 - SANITARY SEWER: $23,867.86
PART 2 - WATER MAIN:
11 REMOVE DIP WATER MAIN LF 145 7.00 145 $1,015.00
12 DUCTILE IRON FITTINGS LB 800 1.30 835 $1,085.50
13 CONNECT TO EXISTING 8" WATER MAIN EA 2 441.00 2 $882.00
14 6" DIP WATER MAIN, CLASS 52 LF 8 15.60 8 $124.80
15 8" DIP WATER MAIN, CLASS 52 LF 575 19.65 575 $11,298.75
16 8" GATE VALVE AND BOX, IN PLACE EA 2 1140.00 1 $1,140.00
17 6" GATE VALVE AND BOX, IN PLACE EA 1 960.00 1 $960.00
18 INSTALL HYDRANT EA 1 1820.00 1 $1,820.00
19 IMPROVED PIPE FOUNDATION, PER 6" INCREMENT LF 583 1.50 $0.00
TOTAL PART 2 - WATER MAIN: $18,326.05
PART 3 - SERVICES:
20 4" PVC, SCH. 40 SANITARY SEWER SERVICE COMMON
TRENCH LF 315 6.93 315 $2,182.95
21 1" CORPORATION STOP EA 7 110.00 7 $770.00
22 1" CURB STOP AND BOX EA 7 260.00 7 $1,820.00
23 1" TYPE "K" COPPER WATER SERVICE, COMMON
TRENCH LF 305 7.00 305 $2,135.00
TOTAL PART 3 - SERVICES: $6,907.95
PART 4 - TRUNK STORM SEWER:
24 REMOVE PVC STORM SEWER LF 75 10.00 75 $750.00
25 REMOVE AND INSTALL NEW CASTING EA 1 528.00 1 $528.00
26 REMOVE CATCH BASIN EA 1 147.50 1 $147.50
27 SILT FENCE, TYPE MACHINE SLICED LF 320 5.00 $0.00
28 CONNECT TO EXISTING STORM MANHOLE EA 2 352.00 1 $352.00
29 30" RCP STORM SEWER, CLASS 3,8'-10' DEEP LF 57 52.60 57 $2,998.20
30 30" RCP STORM SEWER, CLASS 3, 0'-8' DEEP LF 503 45.30 503 $22,785.90
31 30" FLARED END SECTION, INCLUDING TRASH GUARD EA 1 1730.00 1 $1,730.00
32 CLASS III RIPRAP, PLACED AT FLARED END SECTION CY 25 40.00 $0.00
33 4.5' DIA STORM SEWER CBMH, 8' DEEP, WITH RINGS
AND CSTG EA 3 1935.00 3 $5,805.00
34 5' DIA STORM SEWER CBMH, 8' DEEP, WITH RINGS
AND CSTG EA 1 2268.00 1 $2,268.00
35 4.5' DIAMETER STRUCTURE OVERDEPTH LF 5 135.00 5 $675.00
36 IMPROVED PIPE FOUNDATION, PER 6" INCREMENT LF 770 1.50 $0.00
37 RECONSTRUCT INVERT EA 1 352.00 $0.00
38 SWALE EXCAVATION LS 1 2700.00 0.5 $1,350.00
TOTAL PART 4 - TRUNK STORM SEWER: $39,389.60
PART 5 - LATERAL STORM SEWER:
39 15" RCP STORM SEWER, CLASS 5, 0'-8' DEEP LF 157 20.95 157 $3,289.15
40 15" RCP STORM SEWER, CLASS 5, 8'-10' DEEP LF 25 23.90 25 $597.50
41 12" RCP STORM SEWER, CLASS 5,0'-8' DEEP LF 65 19.45 65 $1,264.25
42 YARD DRAIN, INCL. CSTG. EA 1 938.00 1 $938.00
43 RECONSTRUCT INVERT EA 1 352.00 1 $352.00
44 15" RCP FLARED END SECTION, INCL TRASH GUARD EA 1 492.00 1 $492.00
45 2' X 3' CATCH BASIN EA 1 1025.00 1 $1,025.00
TOTAL PART 5 - LATERAL STORM SEWER: $7,957.90
PART 6 - STREET IMPROVEMENTS:
46 SAWING BITUMINOUS PAVEMENT LF 95 4.10 95 $389.50
3404162REQ4FINAl.xls
Contract Unit Current Quantity Amount
No. Item Unit Quantity Price Quantity to Date to Date
47 REMOVE BITUMINOUS PAVEMENT SY 575 2.75 575 $1,581.25
48 REMOVE DRIVEWAY PAVEMENT SY 95 16.00 95 $1,520.00
49 REMOVE CONCRETE CURB AND GUTTER LF 335 1.80 335 $603.00
50 PROTECTION OF CATCH BASIN IN STREET EA 5 49.15 $0.00
51 COMMON EXCAVATION (CV) CY 510 5.28 510 $2,692.80
52 SELECT GRANULAR BORROW (CV) CY 690 15.25 690 $10,522.50
53 AGGREGATE BASE, CLASS 5 (CV) CY 425 27.50 425 $11,687.50
54 CONNECT DRAIN TILE TO STRUCTURE EA 4 154.00 4 $616.00
55 4" PERFORATED PVC DRAIN TILE, SCHEDULE SDR 35 LF 418 6.65 418 $2,779.70
56 TYPE LV NON-WEARING COURSE MIXTURE TN 153 45.85 122 $5,593.70
57 SODDING, LAWN TYPE SY 333 9.75 382 $3,724.50
58 TOPSOIL BORROW (CV) CY 37 50.15 108 $5,416.20
59 ADJUST MANHOLE AND CASTING EA 1 447.00 $0.00
60 ADJUST CATCH BASIN CASTING EA 3 447.00 $0.00
61 RECLAIM BITUMINOUS PAVEMENT SY 1260 1.20 630 $756.00
62 SUBGRADE PREPARATION SY 1260 1.40 1260 $1,764.00
63 TYPE LV NON-WEARING COURSE MIXTURE TN 197 44.80 182 $8,153.60
64 TYPE LV WEARING COURSE MIXTURE TN 148 50.50 233.24 233.24 $11,778.62
65 BITUMINOUS MATERIAL FOR TACK COAT GAL 50 2.00 100 100 $200.00
66 SAW AND SEAL TRANSVERSE JOINTS IN BITUMINOUS
WEAR COURSE LF 340 5.00 $0.00
67 B618 CONCRETE CURB AND GUTTER LF 305 11.25 519 $5,838.75
68 D418 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 485 11.25 258 $2,902.50
69 6" CONCRETE DRIVEWAY APRON SY 55 41.00 $0.00
70 TYPE LV 4 BITUMINOUS MIXTURE (B), FOR DRIVEWAY~ TN 50 92.00 33 $3,036.00
71 GEOTEXTILE FABRIC, TYPE V SY 2450 1.00 2450 $2,450.00
72 MOTOR GRADER WITH OPERATOR HR 5 110.00 $0.00
73 STREET SWEEPER WITH PICK UP BROOM WITH
OPERATOR HR 5 110.00 $0.00
TOTAL PART 6 - STREET IMPROVEMENTS: $84,006.12
CHANGE ORDER NO.1
1 STRUCTURE CHANGES LS 1992.00 $1,992.00
2 STORM SEWER STRUCTURE REPLACEMENT LS 8742.00 $8,742.00
TOTAL CHANGE ORDER NO.1 $10,734.00
TOTAL PART 1 - SANITARY SEWER:
TOTAL PART 2 - WATER MAIN:
TOTAL PART 3 - SERVICES:
TOTAL PART 4 - TRUNK STORM SEWER:
TOTAL PART 5 - LATERAL STORM SEWER:
TOTAL PART 6 - STREET IMPROVEMENTS:
TOTAL CHANGE ORDER NO.1
TOTAL WORK COMPLETED TO DATE
$23,867.86
$18,326.05
$6,907.95
$39,389.60
$7,957.90
$84,006.12
$10,734.00
$191,189.48
3404162REQ4FINAl.xls
PROJECT PAYMENT STATUS
OWNER CITY OF NEW HOPE
CITY PROJECT NO. 771
BRA FILE NO. 000034-04162-0
CONTRACTOR CARL BOLANDER & SONS COMPANY
CHANGE ORDERS
No.
Date
Description
Amount
1 6/23/2005 This Change Order provides for additions to this project. See $10,734.00
Change Order.
Total Change Orders $10,734.00
PAYMENT SUMMARY
No. From
To
Payment
Retainage
Completed
1 08/16/2004 12/13/04 123,341.64 6,491.67 129,833.31
2 12/14/2004 04/06/05 10,197.30 7,028.37 140,567.31
3 04/07/2005 06/23/05 35,740.48 8,909.44 178,188.86
4 AND FINAL 06/24/2005 12/02/05 21,910.06 191,189.48
Material on Hand
Total Payment to Date $191,189.48 Oriainal Contract $191,811.31
Retainaqe Pay No. 4 AND FINAL Chanqe Orders $10,734.00
Total Amount Earned $191,189.48 Revised Contract $202,545.31
3404162REQ4FINAL.xls
Carl Bolander & Sons Co.
TRANSMITT AL
No. 00047
251 Starkey Street
St. Paul. MN 55107
Phone: 651-224-6299
Fax: 651-223-8197
PROJECT: Hillside Ten-ace
DATE: 11/28/2005
TO:
Bonestroo Rosene Anderlik & Assoc.
2335 W. Hwy 36
Roseville. l\1N 55113
REF:
JOB#:
CONTRACT #:
Closeout Infonnation
24-2860
24-2860
ATTN:
Jason Quisberg
WE ARE SENDING: SUBMITTED FOR: ACTION TAKEN:
0 Shop Drawings [0 Approval 0 Approved as Submitted
0 Letter [0 Your Use 0 Approved as Noted
0 Prints 0 As Requested 0 Returned After Loan
0 Change Order tr Review and Comment n Resubmit
0 Plans 0 Submit
0 Samples SENT VIA: 0 Returned
0 Specifications [0 Anached 0 Returned fix Corrections
0 Other: 0 Separate Cover Via: 0 Due Date:
ITEM NO. COPIES DATE
ITEM NUMBER
REV. NO. DESCRIPTION
STATUS
11/28/200:
Closeout Information
Remarl,s:
CC: Bolander Project File
S;g.,d, J~t
Jeff Fye
F\.p;:dlllOn
Bond # 104 370 252
OWNER D
ARCHITECT D
CONTRACTOR D
SURETY ~
OTHER D
CONSENT OF SURETY
TO FINAL PAYMENT
Conforms with the American Institute of
Architects, AlA Document G707
(Name al/d address)
City of New Hope
4401 Xylon Avenue N.
New Hope, MN 55428
ARCHITECT'S PROJECT NO.:
TO OWNER:
CONTRACT FOR:
PROJECT:
Municipal Utility & Street Construction
Hillside Terrace infrastructure
lmprovemetns
CONTRACT DATED:
August 31 2004
(Name al/d address)
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the
(II/serrl/ame al/d address of Surer)")
Travelers Casualty and Surety Company of America
3000 Riverchase Parkway
Birmingham, AL 35244
, SURETY,
on bond of
(insert name and address a/Co/ltractor)
Carl Bolander & Sons Co.
251 Starkey Street
St. Paul, MN 55107
, CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any
of its obligations to
(Insert name and address afOwneT:)
City of New Hope
4401 Xylon Avenue N.
New Hope, MN 55428
, mVNER,
as set forth in said Surety's bond.
IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: November 3 2005
(Insert in writing the month followed by the numeric date and year.)
:tte~,: vUoJt4fi JG~
(:::.eal): U
Travelers Casualty and Surety Company of America
(Surely)
/~ LJ f d uf7M C~ :if
(Signature of au(horized represemative)
Mark W. Edwards, II Attorney-in-Fact
(Primed name and title)
S-2134/GEEF 10/01
FRP
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY A..rw SURETY CO:MP ANY
FARMINGTON CASUALTY COMPAt.....'Y
Hartford, Connecticut 06183-9062
POWER OF ATTOR.1,rEY A.ND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TR.A VELERS CASUALTY AJ..TD SURETY COMPA-NY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FA.R.MINGTON CASUALTY CO:MPA.NY,
corporations duly organized under the laws of the State of Conne..r-ticut, and having their principal offices in tl'1.e City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed., and do by these
presents make, constitute and appoint: Mark W. Edwards, II, Ronald B. Giadrosich, or Birmingham, Alabama, their true and
lav,rful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the
United States, the following instrument(s): . by hislher sole signature and act, any and all bonds, recognizances, contracts of
indemnity, and other writings obligatory in the nature of a bond., recognizance, or conditional undertaking and an'] and all consents
incident thereto and to bind the Companies, thereby as fully and to the same extent as lithe same were signed by the duly author...zed
officers of the Companies, and. all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed..
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: Tnat the Chainna.,'l, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Tre8.b-urer, any ft..ssistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
a..'1d Agents to act for and on behalf of the company al1d may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's n.ame and seal with llie Company's seal bonds, recognizances, contracts of indeninity, and ollier \vritings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOl'w: Tnat the Chairman, t"1e President, any Vice Chairmfu1.., any Executive Vice President, any Se.,,-uor Vice President or any Vice President
may delegate all or E..'1Y part efllie foregoing authority to one or more officers or employees of this Company, provided t.1w.t each such delegation is
in writing and a copy [!"Jereof is filed in the office of the Secretary.
VOTED: That any bond.., recogi:rizance, contract of indemnity, or writing obligatory in llie nature of a bond, recognizance, or conditional
und..."'Ii:aking shall be valid and,bmding upon ihe Company when (a) signed by the President, any Vice Chainnan, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, t.ie Treasurer, any .A..ssistant Treasurer, the Corporate Secreta.ry or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretfu-y or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-il'l-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursua."1t to a written delegation of authority.
This Power ai-Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASU.AL TY AND SURETY
COMPA1\ry OF A...l\1ERICA, TRAVELERS CASUALTY A.."N"D SURETY COMPANY and FARMINGTON CASUALTY
CO:M:PAj~y, which Resolution is now in full force aud effect:
VOTED: That t."le signature of-each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, E..'1Y Secretary, !lilY Assistant Secretfu-y, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any cerJiicate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
pllJ.-poses only of executing and attes-'illlg bonds and undertakings and other \vritings obligatory in the nature thereot: and E..TJ.)' such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and. any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached..
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MINNESOTA Department of Revenue
Withholding Affidavit for Contractors
NrN 1 rz 1-
IC-134
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.
Please type or pnnt clearly. This INil! be your mailing label for returning the completed form
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Company name
Carl Bolander & Sons Co.
Address
251 Starkey Street
City
St. Paul
Daytime phone
651-224-6299
Total contract amount
S202.S45.31
Amount still due
Minnesota withholding tax 10 number
8048310
Month/year work began
9/04
Month/year work ended
10/05
Zip Code
55107
State
MN
S2l.9l0.00
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Project number Project location
24-2860 35th Ave./Ensign Ave. New Hope, MN
Project owner Address
City of New Hope 4401 Xylon Avenue N.
Did you have employees work on this project? ~ Yes LJ No If no. who did the work?
Zip code
55428
City
New Hope
State
MN
Check the box that describes your involvement in the project and fill in all information requested.
Sole contractor
o Subcontractor
Name of contractor who hired you
Address
Q)
Co
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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
PO Box 448. Farmington. MN 55024
PO Box 299. Hamel. MN 55430-0299
C.R. Fischer & Sons Inc.
Curt Fischer
Guy Gussell
OM] Corporation
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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 pertin QJ information relating to this project including sending copies of this form. to the prime contractor if I am a subcontractor, and
to any :,;ubcontractors I" am aprime contractor. and to the contracting agency
con(t~j;~~~~A 0C&~d)G-~~j
M~o:MN Dept f Revenue. Withholding Division, Mail Station 6610, St. Paul, MN 55146-6610
Date
Ii-/(, -0:)'
Certificate of Compliance
Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this
certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the
withholding of Minnesota income tax from wages paid to employees relating to contract services with the state
of Minnesota and/or its subdivisions.
Date
MINNESOTA. 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.
IC134
NO\l 1 ~
'ltlQ5Please type or print clearly. This will be your mailing label for retuming the completed form.
~-----------------\
Company name Daytime phone
I C. R. Fischer & Sons, Inc. I (651) 463-7300
I Address Total contract amount
I 3240 220th Street W PO Box 448 $ 7927.00
I City State Zip Code I Amount still due
~armington _ _ _ _ MN _ _ ~502~ _ _ _..J $ 881.00
Minnesota tax ID number
1605604
Month/year work began
09/04
I Month/year work ended
10/05
Project number
24-2860
Project location
35th Ave.lEnsign Ave. New Hope, MN
Address
City
New Hope
State Zi p code
Project owner
City of New Hope 4401 Xylon Ave N
Did you have employees work on this project? DYes DNO If no, who did the work?
MN
55428
Check the box that describes your involvement in the project and fill in all information requested.
D Sole contractor
[2] Subcontractor
Name of contractor who hired you
Carl Bolander & Sons, Inc
Address
251 Starkey Street St. Paul, MN 55107
D Prime contractor-If you subcontracted out any work on this project, all of your subcontractors must file their own
IC134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each
subcontractor you had, fiB in the information below and attach a copy of each subcontractor's certified IC134. If you
need more space, attach a separate sheet.
Business name Address Owner/Officer
I declare that al/ information I have fil/ed 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 proIect, including sending copies of this form, to the prime contractor if I am a subcontractor,
and to any subcontractors if I am a prime contractor, and to the contracting agency.
Mail to: Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146-6610
1
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 re.lating to contract services with the state of Minnesota and/or its subdivisions.
. /' ...... :,:. ,'>-::. i"'~."l'!Il'''''",!" """", ,~.
DepartTT)ent'ofRevimueapPr.o"vai i'f' ....,;..c~;':""~\ Date
,......-.......' ,
"
Stock No. 5000134 (Rev. 2/03)
11/0i/2005 MaN 13:40 F.~ i63 4i8 3295
DMJ CORP/KD & co.
G1.I 003
.Page 1 or r
~ T 7005
& ~ 't!.
MiNNESOTA- REVENUE
Contractor's Withholding Affidavit
Confirmation
D [If. J CORP
ID 3142780
Please keep this information for your records.
Submit a copy of this page to the business that hired you to receive your final payment.
Confirmatio!ll1umcer
Project owner
Project number
Project begin date
Project end date
Project location
Subcontractors
104623 Man Nov 07 12:32:40 CST 2005
CITY OF NEW HOPE
24-2860
December 2004
October 2005
35TH AVENUE AND ENSIGN AVENUE NEW HOPE
No subcontractors listed.
https:/ lwww.mndor.state.nm.us/we! aetion! confirmati onPrint
1 I 17/2005
No. 1031 (Rev. 1962)
Miller-Davis Co., Minneapolis
RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS
N. B. It is important that the following directions be closely followed as otherwise the receipt
WILL NOT BE ACCEPTED.
1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations
and by partners of co-partnerships.
2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN.
3. If payment is not in full to date, so state. SHOW UNPAID BALANCE, and strike out last
three lines.
4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating
and plastering materiaL etc.
5. NO ERASURES OR AL TERA TlONS MUST BE MADE.
(DATE)
The undersigned acknmvledges having received pc(vment of
Seven Thousand Nine Hundred Twenty Seven and OO/! 00
C\am~ ofPaYlJf;
DOLLARS ($ 7,927.00
rOJ+ioJ
in .fi+l+Payment of
)
(Amount Paid)
j;'om
Carl Bolander & Sons Co.
all
Labor and Malel iab
(Kind of \Iaterial or Labor)
by the undersigned delivered orfilrllished to (or pel:formed at)..
Hillside Terrace Utility and Street Imps (cbs#24-2860)
(Street Address or Legal Description)
muf-jOr ~'allle--reee-i'V'e-d hercby ;vmrcs alll'iglus which may have bee:? ac~--./ry' the llnders.i.g.rw.d-tQ-j"ik
me-tfhc-m-f.e.&!-l-f.e:n.fi.-fl.gainst .w.id..j}Pe-mises-jor labor, ski!! 0." materialfitrl1ished to .mid premis-eY]JrtOY'7o lhe-
..dat.e-heT'COf" l--
. . C..RC'S.. ohee & Soos h 0
By .~.; V
PLUMBING. HEATING ~ PLASTERING ,. U l"
contractors must sign statement on I'everse hereof
(TITLE)
Address
11/07/2005 MaN 13:40 F.~ 763 478 3295
DMJ CORP/KD & co.
[4J 002
[\0.1031 (Rev. 1962)
MilIcl~Davi5 Co., Miuueapoli;,
RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS
N. 13. It is important that the following directions be closely followed as otherwisc the receipt
WTLL NOT BE ACCEPTED.
I. This is a LEGAL iNSTRUMENT and must be executed accordingly by officer;; of corporations
and by partners of co-partnerships.
2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN.
3.ifpaymem is not in full to date, so state. SHOW UNPAID BALANCE, and strike out last
three lines.
4. A receipt similar to this Or legal waiver of !jen rightS will be required for all phunbing, hearing
and plastering material, etc.
S. NO ER...I\SURES OR ALTERATlONS MUST BE MADE.
(DATE)
The undersig-aed aclrnowledges having received payment 0/
Sixteen Thollsand Twenty Nine and 69/100
(Amount Paid)
DOLLARS ($ 16,029.69
/
from
Carl Bolander & Sons Co,
in full payment of
.(Name orr_~Lorl . _.
all Labor and Materials
. '(Kind of Matenal or labor)
by the undersigned delivered orfumished to (orpelformed at)..
Hlllside T~lTace Utility ami Street imps (cbs#24-2860)
. I .' (Sll'.~er Addrcss 0:' Legal DescriPtiOn). .
andfor value receIved, hereby Walves all rzghlS whIch may have been acquired by the underSIgned to file
mechanic.)" liens agai~st said premisesf()r labor, skiLL or material furnished to said premises prior to the
dale hereof i DMJ C' t'
. i r .orporil ()!,
i
I
PLUMBING, HEAl1'LNG und PLASTERING
contractors must sign hatem-;; 011 reverse hereof
I
I
!
i
By
(TITLE)
Address
PL~. ~~~.:;f
~&J~.dl ~-U
Dw' -.:
UCO O!C~O
~.~~
.ahokJ jO~
No. 1031 (Rev. 1962)
Miller-Davis Co., Minneapolis
RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS
N. B. It is impOltant that the following directions be closely followed as othenvise the receipt
WILL NOT BE ACCEPTED.
I. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations
and by partners of co-partnerships.
2. It is impOltant that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN.
3. lfpayment is not in full to date, so state. SHOW UNPAID BALANCE, and strike out last
three lines.
4. A receipt similar to this or legal waiver of lien rights \vill be required for all plumbing, heating
and plastering materiaL etc.
5. NO ERASURES OR AL TERA TlONS MUST BE MADE.
(DATE)
The undersigned acknowledges having received payment of
Two Thousand One Hundred Fifty Five and 56/ I 00
(Amount Paid)
Carl Bolander & Sons Co.
DOLLARS ($ 2,155.56
)
fj'om
(\ame of P~,Yi"t:'.)
infilll payment of
all
Labor and Materials
(Kind of Material or Labor)
by the undersigned delivered orjilrllished to (or lJelformed at)..
Hillside Terrace Utility and Street Imps (cbs#24-2860)
(Street Address or Legal Description)
andlor value received hereby waives all rights lvhich may have been acquired by the undersigned tofile
mechanics' liens against said premises for labor. skill or materialfill71ished to said premises prior to the
date here (?f.'
PLUMBING, MEA TING and PLASTERING
contractors must sign statement on reverse hereof
Ess Brothers & Sons, lnv,\
By .~
Address
(TITLE)
No. 1031 (Rev. (962)
!\liller-Davis Co., !\Iinneapolis
RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS
N. B. It is important that the following directions be closely followed as otherwise the receipt
WILL NOT BE ACCEPTED.
1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations
and by pattners of co-partnerships.
2. It is impOltant that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN.
3. lfpayment is not in full to date, so state. SHOW UNPAID BALANCE, and strike out last
three lines.
4. A receipt similar to this or legal waiver oflien rights will be required for all plumbing, heating
and plastering material, etc.
5. NO ERASURES OR ALTERATIONS MUST BE MADE.
(DATE)
The undersigned acknmvledges having received pa.vment of
Eighteen Thousand Seven Hundred Forty One and 26/l 00
DOLLARS ($ 18,741.26
(Amount Paid)
fi'om
Carl Bolander & Sons Co.
all
(:\ame of I'ayor)
Labor and Materials
(h:ind of !\Iaterial or Labor)
infztll paynzent of
by the undersigned delivered Ol:fitrnished to (or pelformed at)..
Hillside Terrace Utility and Street Imps (cbs#24-2860)
(Street.-\ddress or Legal Description)
andfor value received hereby lvaives all rights which ma.v have been acquired by the undersigned toflle
nlechanics' liens against said premisesfor labor. skill or materialfitrnished to said premises prior to the
date hereof
NOIthern Water Works
PLUMBING, HEATING and PLASTERING
contractors must sign statement on reverse hereof
Ev
./J ,-,11ch
'-_ ,;:fD ~v hl;Z.,v,-
Address
(TITLE)
0/ j5 r A/& IV E; Alai >i.G i
5.!J- 'f-!-I'y
No. 1031 (Rev. 1962)
Miller-Davis Co., Minneapolis
RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS
N. B. It is important that the follO\ving directions be closely followed as otherwise the receipt
WILL NOT BE ACCEPTED.
I. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations
and by partners of co-paltnerships.
2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN.
3. lfpayment is not in full to date, so state. SHOW UNPAID BALANCE, and strike out last
three lines.
4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating
and plastering materiaL etc.
5. NO ERASURES OR ALTERATIONS MUST BE MADE.
(DATE)
The undersianed acknmvledaes havina receivedpa1Jment of'
b b b J.
F our Thousand Three Hundred Twenty Three and SO/! 00
DOLLARS ($ 4,323.50
)
(Amount Paid)
(i'om
Carl Bolander & Sons Co.
all
(Name of Pavor)
Labor and Materials
(Kind of Material or Labor)
infitll payment of
by the undersigned delivered OIjzll'llished to (or pel.lormed at)..
Hillside TetTace Utility and Street Imps (cbs#24-2860)
(Street Address or Legal Description)
andfor value received hereby lWtlVeS all rights lvhich may have been acquired by the undersigned to fife
mechanics' liens against said premises for labor. skill or materialfitrnished to said premises prior to the
date hereof'
Premier Services. LLC
PLUMBING. HEATING and PLASTERING
contractor's must sign statement on reverse hereof
Bv
;;J[
Address / '-/ -3 '7
(TITLE)
If c~
5tJC / tc,
11/22/2005 1i:29 ~~1 i15 443 3i68
COUNTY MATERIAL
[4] 002
11/22/2805 17-:- 2S G514:J15G5D
11/1Q(2QOS 10: 39 FAX.~65J.2233l97
C:'IRr-G---!;A1'tDSTR8~~
CARL BOh~~E~ & SONS
!""ACC 82/ [12
~UU6/. uu..
~':rf.....D:l.yll;CO., M;,,~...pol;~
No. 11)';11 IR.v, I~\.
REC'En-T AND w..uvER OF 'WCHAl"l jCS' LjJjj!i lUGA',I.'6'
N. B. this lm'porCant thatthe following l1;rnccions be closely followed as ot:hej'"l.\ll~e me re; eipt
WILL NOT BE ACCEPTEO.
J. '11ii"s' lS' a Lc..GAL 1NSnUiYm'iu w(d-m\.l~t.'~<iI".,e""""d l1.~'J,:,,..A;"'e'y h~ officers of co''Oorarjons
and by partn~s of ca-parmCr3hips.
2. It is \mpor..ant that ALL the bla.nks be oompler,c:d and that the AMOUm PA1D 'BE SHOWN.
3. Jf-paymel1t is not in fu.!l to c1lt", 66 ~tato,-SHQW UNPAID BALr...NCI?" imd~. Q.Q,!; last
thr<i>e lln<~.
4. A receipt siwi1nr to t.l)is. or lcgs.l waiver of lien dg..1ts will be required fur <loll plumbing, he-sting
and plastmin%: material, etc.
S. 1'10 ERASUReS OR At.:reAA TIONS MU~T t:U:l MP;V:E:.
.......... ,.
([l/l,'iS)
from
The. und.ersign.ed acknowledges having rece:tvedpa~;;mt1r.t of
l'wemy Sevo:n Thousand Six Hundred Twenty and 44/1 0Ll
.. "(AtUOIIDT l'~,;;) ....- , - - .,... -
C:1rl Bolander & Sons Co.
. . -~ '(N3~~ =it'~itY;M" . _.._._~.--
Labor and Materials
" . - .. (1I:inlhfl\.L\reml.-ir 1...llo~l . ,_..,-".-..
by [he undersigned dettvered orfurnished to (Qt' pe.rformed al').. _ _ ._. -'-.-'-'- -.-----
Hil~side T~l~c.:e Utm~y l'Inq Street 1m?S (c~~~~.d-~860) , u_"._ -.
,.,. DOLLARS ($ ~7,620A4
\
/
infu.tl payment of
all
_" _._... ....___.... .... .._____- "'l - --.- ..-....... .....-. , . -- .- ----.........-
(s..'1'~~f Add m, or L~l!~1 Description)
andfor value received hereby waives all rights which may have been acquired by the undersigned to file
mech.anics'lfem against said pr~mise.s for labor, skill or material fUrnished to said pr emfses prior to th~
date hereof coun.ty n~s
fLUJYrBING, HEATING ~ PLAS-TE'R.D1'E By -- L-.-.. c:Z. ,
coutr:lctors UHL.~t sign statement uii n:"~i"Se he.evf
Y7 I- _/73-6'1//6 ~r/<f7~
Addres{ ._
AFFIDAVIT OF MAILING HEARING NOTICE
IMPROVEMENT PROJECT NO. 771
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) ss
CITY OF NEW HOPE )
I, the undersigned being the duly qualified City Clerk of the City of New Hope, Minnesota,
hereby attest and certify that:
On September 19, 2005, acting on behalf of the said City, I deposited in the United States
mail at New Hope, Minnesota, a copy of the attached notice of a hearing on Improvement Project No. 771,
mailed first class, with postage thereon fully prepaid, addressed to the persons at the addresses
appearing opposite their respective names, list attached.
There is a delivery service by United States mail between the place of mailing and the
places so addressed.
_/J
/~LU'
City Clerk
b
.... j?t7YuL
~ I
Subscribed and sworn to before me this /;Z~.Iday of
My commission expires January 31,2010.
2005.
b!
C:2:;rZd~~ c:
Notary Public
Hennepin County
Ii
~~~a~7f-
tI
UNDA C. SWEASY
NmMY~oMtNNeSOTA
My~~Jafl.31,.2010
Mr. Alan Chazin
Alan Chazin Homes Inc.
5353 Wayzata Boulevard, Suite 602
Minneapolis, MN 55416
Seven notices listing addresses:
8800 35th Avenue North
8808 35th Avenue North
8816 35th Avenue North
8801 35th Avenue North
8809 35th Avenue North
8817 35th Avenue North
8825 35th Avenue North
TO:
PROPOSED
ASSESSMENT:
INTEREST RATE/TERM:
TIME AND PLACE
GENERAL NATURE OF
IMPROVEMENTS:
ASSESSMENT ROLL
OPEN TO
INSPECTION:
AREA PROPOSED TO
BE ASSESSED:
NOTICE OF HEARING ON
ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 771
ALAN CHAZIN HOMES, INC.
Property address: 8800 35TH Avenue North -
Assessment: $24,526.93 (to be adjusted for any payments made
prior to certification of assessment roll to Hennepin County).
7% Over 10 Years
Notice is hereby given that the City Council of the City of New
Hope, Minnesota, will meet in the City Hall at 4401 Xylon Avenue
North in the City of New Hope, Minnesota, on Mondav, October
10,2005, at 7 a' clock p.m. to consider the proposed assessments
for Hillside Terrace development. The general nature of the
improvement is as set forth in the July 30, 2004, Hillside Terrace
Petition for Public Improvement and Assessment Agreement.
Basically, the scope of the project was the construction of the
street/cul-de-sac on 35th Avenue North just east of Ensign Avenue
North including sanitary sewer, storm sewer, residential water
service and all other appurtenant works and services to complete
the project. The developer/owner has agreed to pay for costs
associated with installing these improvements.
The City will pay the project costs associated with construction of
a trunk storm water line serving the existing neighborhood.
The proposed assessment roll is on file with the City Clerk and
open to public inspection.
The area proposed to be assessed consists of every lot, piece or
parcel of land benefited by said improvement, which has been
ordered made and is as follows, in the City of New Hope,
Minnesota:
Addresses
8800 35th Avenue North
8808 35th Avenue North
8816 35th Avenue North
8801 35th Avenue North
8809 35th Avenue North
8817 35th Avenue North
8825 35th Avenue North
PIO Nos.
19-118-21-21-0061
19-118-21-21-0060
19-118-21-21-0059
19-118-21-21-0062
19-118-21-21-0063
19-118-21-21-0064
19-118-21-21-0065
CITY OF NEW HOPE
4401 Xylon Avenue North · New Hope, Mirmesota 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 Fax: 763-531-5174 + Public Works Fax: 763-592-6776
TOTAL AMOUNT OF
PROPOSED
ASSESSMENT:
RIGHT OF APPEAL:
LIMITATION ON
APPEAL:
DEFERMENT OF
ASSESSMENTS:
SPECIFIC AMOUNT TO
BE ASSESSED:
INTEREST RATE
ASSESSMENT
INSTALLMENTS:
The total amount of the proposed assessment for all property
within the assessment area is $171,688.54.
Pursuant to the July 30, 2004, Hillside Terrace Petition for Public
Improvement and Assessment Agreement, the developer/owner of
the property to be assessed has waived his rights to appeal the
amount of the assessment to the district court of Hennepin County
pursuant to Minnesota Statutes, Section 429.081. The
developer/owner may appeal any arbitrary, unreasonable or
capricious actions of the City in connection with this project to
district court pursuant to Minnesota Statutes, Section 429 by
serving written notice of the objection upon the Mayor or Clerk of
the City within 30 days after the adoption of the assessment and
filing such notice with the district court within 10 days after
service upon the Mayor or Clerk.
No appeal may be taken as to the amount of the assessment based
on the waiver of appeal set out in the referenced Assessment
Agreement. Objections to the regularity of these proceedings may
be made verbally at the hearing or by written objection signed by
the developer/owner and filed with the City Clerk or Mayor before
or at the hearing. Objections not received at the assessment
hearing in this manner as prescribed by Minnesota Statutes,
Section 429.061 are waived, unless the failure to object is due to a
reasonable cause.
Under the provisions of Minnesota Statutes, Sections 435.193 to
435.195, the City may, at its discretion, defer the payment of
assessments for any homestead property owned by a person 65
years of age or older for whom it would be a hardship to make the
payments. The procedure for applying for such a deferment is set
forth in New Hope Code 1.60 et. aI., a copy of which is available
upon request at the office of the City Clerk.
The amount to be specifically assessed against your particular lot,
piece, or parcel of land is stated on the first page of this notice.
This assessment may be adopted by the City Council at this
hearing.
If the assessment is not paid within 30 days from the adoption of
the assessment roll, interest will accrue on the assessment at the
rate of 7%.
Unless you choose to prepay your assessment, the assessment will
be certified to your real estate taxes commencing with taxes
payable in 2006. The assessment will be spread in equal annual
installments over 10 years bearing interest at 7%. The first
installment will include interest on the total assessment from
November 1, 2005, through December 31, 2006, or 14 months'
interest.
PAYMENT OPTIONS
THIS YEAR:
PAYMENT IN
SUCCEEDING YEARS:
1) FULL PAYMENT - You may prepay the entire assessment to the
Finance Director or Assessment Clerk of the City prior to
November 15, 2005, when the assessment roll is certified to
the County Auditor. To avoid paying interest, you need to
prepay the assessment in full within 30 days of the adoption of
the assessment.
2) PARTIAL PAYMENT - One partial payment per property will be
accepted and credited to any special assessment levied against
real property in the City within 30 days from the date the City
Council adopts a resolution approving said special assessments.
Payments must be made to the Finance Director or Assessment
Clerk. The remaining unpaid balance will be certified to the
County Auditor and apportioned to the property' s real estate
taxes for payment per the collection procedure established in
Minnesota Statute Chapter 429.
In subsequent years, the principal balance remaining may be paid to
the Finance Director or Assessment Clerk at any time prior to
November 14 of any year.
Dated: September 1 9, 2005
BY ORDER OF THE CITY COUNCIL
~PA"AcL1L
,
Valerie Leone, City Clerk
P:\Attorney\SAS\ 1 Client Files\2 City oi New Hope\99-67711IHillside Terracel\mailed notice-Chazin- adopt special assess. doc
September 19, 2005
Mr. Alan Chazin
Alan Chazin Homes Inc.
5353 Wayzata Boulevard, Suite 602
Minneapolis, MN 55416
Dear Mr. Chazin:
.~closed is the public hearing notice regarding the Hillside Terrace Infrastructure Improvement
Project 771. The public hearing will be held on October 10, 2005.
I understand one lot has already been sold and a pre-payment has been made to the city.
However, in order to properly document the special assessment levy, the full final assessment
amount will be certified to Hennepin County in November. Subsequently, the city will notify
the County of any pre-payment(s) which will be reflected on the tax rolls.
Please contact me if you have any questions.
Sincerely,
~~
Valerie Leone, CMC
City Clerk
Enc.
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 Fax: 763-531-5174. Public Works Fax: 763-592-6776
GORDON L. JENSENl
CLARISSA M. KLUG
GLEN A. NORTON
AMY E. PAPENHAUSEN
STEVEN A. SOJ'l.'DRALL
ARIC T. STIE1'i'ESSEN
STACY A. WOODS
OF COUNSEL
LORENS Q. BRYi'.'ESTAD
'Real Property Law
Specialist Certified By
The Minnesota State
Bar Association
JENSEN & SONDRALL, P.A.
Attorneys At Law
September 14, 2005
The New Hope-Golden Valley Sun-Post
10917 Valley View Road
Eden Prairie, MN 55344
Attn: Marianne
Re: Notice of Hearing
Our File No. 99.67711
Dear Marianne:
8525 EDINBROOK STE.
BROOKLYN PARK, MINNESOTA 55443-1968
TELEPHONE (763) 424-8811 · TELEFAX (763) 493-5193
e-mail law@jensen-sondrall.com
Via Facsimile Only To
(952) 392-6871
Attached please find a Notice of Hearing on Assessments for Hillside Terrace
Infrastructure Improvement No. 771, the City of New Hope, for publication in the
September 22, 2005 edition of the New Hope-Golden Valley Sun-Post.
Please forward your affidavits of publication and statement in the usual manner. Thank
you for your assistance.
Sincerely,
--I~~
Peri Houser
Secretary to Steven A. Sondrall
City of New Hope
Attachment (1)
cc: Valerie Leone, City Clerk, City of New Hope (wiatt.)
P:\Auomey\SAS\ 1 Client Files\2 City of New Hope\99-67711(Hillside Terrace)\Sun-Post Ltr-Sending Notice of Hearing.doc
NOTICE OF HEARING ON
ASSESSMENTS FOR IDLLSIDE TERRACE
INFRASTRUCTURE IMPROVEMENT NO. 771
Notice is hereby given that the City Council of the City of New Hope, Minnesota, will
meet in the City Hall at 4401 Xylon A venue North in the City of New Hope, Minnesota, on
the 10TH day of October 2005 at 7:00 o'clock p.m. to consider objections to the proposed
assessments for the Hillside Terrace Infrastructure Improvement No. 771 heretofore ordered
by the City Council. The general nature of the improvement is the construction of a street
extension on 35th A venue North just east of Ensign A venue North with a public street/cul-de-
sac and all other necessary infrastructure improvements to serve seven residential building lots
being developed and platted as Lots 1-7, Block 1, Hillside Terrace. The proposed assessment
roll is on file with the City Clerk and open to public inspection.
The area proposed to be assessed consists of every lot, piece or parcel of land benefited
by said improvement, which has been ordered made and is as follows, in the City of New
Hope, Minnesota: Lots 1,2,3,4,5,6 and 7, Block 1, Hillside Terrace.
19-118-21-21-0061 8800 35th Avenue North
19-118-21-21-0060 8808 35th Avenue North
19-118-21-21-0059 8816 35th Avenue North
19-118-21-21-0062 8801 35th Avenue North
19-118-21-21-0063 8809 35th Avenue North
19-118-21-21-0064 8817 35th Avenue North
19-118-21-21-0065 8825 35th Avenue North
The total amount proposed to be assessed is $171,688.54.
Written or oral objections will be considered at the hearing. An owner of property to
be assessed may appeal the assessment to the district court of Hennepin County pursuant to
Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk
of the City within 30 days after the adoption of the assessment and filing such notice with the
district court within ten days after service upon the Mayor or Clerk.
No appeal may be taken as to the amount of any assessment adopted by the City
Council unless a written objection signed by the affected property owner is filed with the Clerk
prior to the assessment hearing or presented to the presiding officer at the hearing. All
objections to the assessments not received at the assessment hearing in the manner prescribed
by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the
assessment hearing is due to a reasonable cause.
Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City
may, at its discretion, defer the payment of assessments for any homestead property owned by
a person 65 years of age or older for whom it would be a hardship to make the payments. The
procedure for applying for such a deferment is set forth in New Hope Code S 1.60 et. al., a
copy of which is available upon request at the office of the City Clerk.
The notice of this hearing mailed to property owners contains additional information.
DATED: September 14, 2005.
BY ORDER OF THE CITY COUNCIL
sl Valerie Leone
City Clerk
(Published in the New Hope-Golden Valley Sun-Post on the 22nd day of September, 2005.)
P:\Attomey\SAS\l Client Filcs\2 City of New Hope\99~67711(Hillside Terrace)\public hearing notice~adoption of assessmems(Public<ltion Version).doc
2
COUNCIL
REQUEST FOR ACTION
Originating Department
Approved for Agenda
Agenda Section
Community Development 10-10-05 Public Hearing
Item No.
By: Kirk McDonald, Director of CD By: 7 .2
Public Hearing: Resolution Relating to a Public Hearing and Adoption of Assessments for Hillside Terrace
Street and Infrastructure Improvement No. 771
Requested Action
This is a public hearing to consider the attached resolution establishing the special assessment for Hillside
Terrace street and infrastructure improvements. The total amount of the special assessments is $171,688.54 or
$24,527 per single family lot. Staff recommends that the council conduct the public hearing, close the hearing
at the conclusion of any testimony and adopt the attached resolution. This action is necessary at this time to
ensure the special assessment is levied against each property for the pay 2006 taxes.
Policy/Past Practice
The city has worked with development firms in the past to make certain improvements to the city's
infrastructure and be reimbursed through the use of special assessments.
Background
On August 9,2004, the city entered into a development agreement with Alan Chazin Homes to construct the
cul-de-sac extension and related utilities to 35th Avenue to accommodate the Hillside Terrace development.
At that time, Alan Chazin Homes agreed to reimburse the city for its expenses to install the street and utilities
through a special assessment that would be charged to each property. The developer agreed to pay up to
$182,750.08 based on the city's contract with Bolander and Sons. The work is nearly complete with the final
wear course will be installed later this month. The city engineer has estimated the final cost and it will be no
greater than $171,688.54. Each property will be responsible for paying $24,527 to cover the expenses related to
the extension of the city's infrastructure.
Alan Chazin Homes agreed to pay the city over a 10 year period with an annual interest rate of 7%. In order
to begin collecting the re-payment for each lot with the pay 2006 taxes, it is necessary for the City Council to
conduct this public hearing, close the public hearing and adopt the attached resolution which was prepared
by the city attorney. Alan Chazin Homes has waived its right to dispute this special assessment and city staff
is pleased the costs for the project is less than what was originally anticipated. The assessment may be paid
within 30 days without interest. One lot was sold to a builder and paid the assessment upon the transfer of
ownership. The assessment that was paid is higher than the final cost and a minor refund will be remitted.
MOTION BY
TO:
5.
I:\RFA \ PLANNING \ Housin \ Hillside Terrace 5 ecial Assessments.doc
Request for Action
Page 2
October 10, 2005
Recommendation
City staff recommends the city council conduct the public hearing, close the hearing at the conclusion of the
testimony and adopt the enclosed resolution.
Attachments
· Resolution
· City Attorney Correspondence
. Public Hearing Notification
· City Engineer Correspondence
· Development Agreement
DOUGLAS J. DEBNERz
GORDON L. JENSEN!
GLEN A. NORTON
STEVEN A. SONDRALL
STACY A. WOODS
OF COUNSEL
LoRENS Q. BRYNESTAD
i Real Prope ny Law
Specialist Certified By
The Minnesota State
Bar Association
'Admitted in Iowa
JENSEN & SONDRALL, P.A.
Attorneys At Law
8525 EDINBROOK CROSSING, STE. 201
BROOKLYN PARK, MINNESOTA 55443-1968
TELEPHONE (763) 424-8811 . TELEFAX (763) 493-5193
e-mail law@jensen-sondrall.com
September 13, 2005
VIA E-MAIL TO ssiders@ci.new-hope.mn.us
AND BY REGULAR U.S. MAIL
Shawn Siders
Community Development Specialist
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re: Resolution Adopting Assessments/ Infrastructure
Improvement Project 711(Hillside Terrace)
Our File No.: 99.67711
Dear Shawn:
Attached is the proposed Resolution Relating to Public Hearing and Adoption of the
Assessments For Hillside Terrace Street and Infrastructure Improvement No. 771 for
consideration at the October 10, 2005 City Council meeting. Please attach the following
documents to the resolution as exhibits:
1. Exhibit A - Hillside Terrace Petition for Public Improvements and Assessment
Agreement,
2. Exhibit B - the proposed assessment roll to be prepared by the City Clerk and City
Engineer.
As per the Assessment Agreement, the final cost of the project will be allocated equally between
the seven residential lots. The term of the assessment is for 10 years with a 7% per annum
interest rate.
I am also attaching the public hearing notice I will send to the paper. Val needs to mail our
typical notice to the property owner which contains the additional information as indicated in the
notice.
Let me know when we have the final figure on project costs from the City Engineer. I will
provide you with a corrected resolution incorporating this cost into the resolution. Call if you
have any questions.
September 13, 2005
Page 2
Very truly yours,
Y-
Steven A. Sondrall, City Attorney,
JENSEN & SONDRALL. P .A.
Enclosure(s)
cc: Valerie Leone
Kirk McDonald
Daryl Sulander
P:IAttomeylSASII Client Filesl2 City of New Hopel99.6771l(HiIlside Terrace)lltr s. siders adopting assessment.doc
Memo
Project Name: Hillside Terrace Infrastructure
Improvements, #771
Client: New Hope
File No: 000034-04162-0
To: Shawn Siders
Date: Sept. 13, 2005
From: Jason Quisberg
Re: Final Estimated Project Construction Costs
The Hillside Terrace development project began in 2004 and substantial completion was reached the spring of 2005. All
work has been completed except the installation of the final lift of bituminous pavement (wear course).
The construction of storm sewer connecting the intersection of 35th and Ensign Avenues to the regional pond constructed
near the development property was added and completed as part of this project. This connection was to improve existing
conditions and was not necessary to satisfy drainage requirements of the development. Therefore, the City plans to take
responsibility for all costs associated with these improvements.
Estimates for the total project costs along with the city participation amount and the development responsibility are
summarized below.
Work Completed to Date
Estimated Remaining Work
Total Construction Costs
Soft Costs (25%)
Total Project Costs
City Participation
Development Responsibility
$178,188.86
+$12,277.50
$190,466.36
+$47,616.59
$238,082.95
-$66,394.41
$171,688.54
A detailed estimate including showing all costs is available ifneeded. Please feel free to contact me if you have any
questions.
Jason
651-604-4938
Bonestroo, Rosene, Anderlik and Associates, Inc.
www.bonestroo.com
o 5t. Paul Office:
2335 West Highway 36
51. Paul, MN 55113
Phone: 651-636-4600
Fax: 651-636-1311
o Milwaukee Office:
1516 West Mequon Road
Mequon, WI 53092
Phone: 262-241-4466
Fax: 262-241-4901
o Rochester Office:
112 7'h Street NE
Rochester, MN 55906
Phone: 507-282-2100
Fax: 507-282-3100
o WilImar Office:
205 5th Street SW
Willmar, MN 56201
Phone: 320-214-9557
Fax: 320-214-9458
o 5t. Cloud Office:
3721 23'd Street S
SI. Cloud, MN 56301
Phone: 320-251-4553
Fax: 320-251-6252
o Grayslake Office:
888 East Belvidere Road
Grayslake, IL 60030
Phone: 847-548-6774
Fax: 847-548-6979
September 19,2005
Mr. Alan Chazin
Alan Chazin Homes Inc.
5353 Wayzata Boulevard, Suite 602
Minneapolis, MN 55416
Dear Mr. Chazin:
~nclosed is the public hearing notice regarding the Hillside Terrace Infrastructure Improvement
Project 771. The public hearing Will. be held on October 10, 2005.
I understand one lot has already been sold and a pre-payment has been made to the city.
However, in order to properly docu.rnent the special assessment levy, the fuJl final assessment
amount will be certified to Hennepin County in November. Subsequently, the city will notify
the County of any pre-payment(s) which will be reflected on the tax rolls.
Please contact me if you have any questions.
Sincerely,
~~
Valerie Leone, CMC
City Clerk
Enc.
CITY OF NEW HOPE
4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 + WW1N. 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
Mr. Alan Chazin
Alan Chazin Homes Inc.
5353 Wayzata Boulevard, Suite 602
Minneapolis, MN 55416
Seven notices listing addresses:
8800 35th Avenue North
8808 35th Avenue North
8816 35th Avenue North
8801 35th Avenue North
8809 35th Avenue North
8817 35th Avenue North
8825 35th Avenue North
TO:
PROPOSED
ASSESSMENT:
INTEREST RA TEITERM:
TIME AND PLACE
GENERAL NATURE OF
IMPROVEMENTS:
ASSESSMENT ROLL
OPEN TO
INSPECTION:
AREA PROPOSED TO
BE ASSESSED:
~&H' .-.
. . -
'.. ,. ........
. , '. ~ '
NOTICE OF HEARING ON
ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 771
ALAN CHAZIN HOMESr INC.
Property address: 8800 35TH Avenue North -
Assessment: $24r526.93 (to be adjusted for any payments made
prior to certification of assessment roll to Hennepin County).
7% Over 10 Years
Notice is hereby given that the City Council of the City of New
Hoper Minnesotar will meet in the City Hall at 4401 Xylon Avenue
North in the City of New Hope, Minnesota, on Monday, October
10,2005. at 7 0' clock p.m. to consider the proposed assessments
for Hillside Terrace development. The general nature of the
improvement is as set forth in the July 30, 2004, Hillside Terrace
Petition for Public Improvement and Assessment Agreement.
Basically, the scope of the project was the construction of the
street/cul-de-sac on 35th Avenue North just east of Ensign Avenue
North including sanitary sewer, storm sewer. residential water
service and all other appurtenant works and services to complete
the project. The developer/owner has agreed to pay for costs
associated with installing these improvements.
The City will pay the project costs associated with construction of
a trunk storm water line serving the existing neighborhood.
The proposed assessment roll is on file with the City Clerk and
open to public inspection.
The area proposed to be assessed consists of every lot, piece or
parcel of land benefited by said improvement, which has been
ordered made and is as follows, in the City of New Hope,
Minnesota:
Addresses
8800 35th Avenue North
8808 35th Avenue North
8816 35th Avenue North
8801 35th Avenue North
8809 35th Avenue North
8817 35th Avenue North
8825 35th Avenue North
PIO Nos.
19-118-21-21-0061
19-118-21-21-0060
19-118-21-21-0059
19-118-21-21-0062
19-118-21-21-0063
1 9-11 8-21-21-0064
19-118-21-21-0065
CITY OF NEW HOPE
4401 Xylon Avenue North q New Hoper MhLnesota 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 Fax: 763-531-5174 +- Public Works Fax: 763-592-6776'
TOTAL AMOUNT OF
PROPOSED
ASSESSMENT:
RIGHT OF APPEAL:
LIMITATION ON
APPEAL:
DEFERMENT OF
ASSESSMENTS:
SPECIFIC AMOUNT TO
BE ASSESSED:
INTEREST RATE
ASSESSMENT
INSTALLMENTS:
The total amount of the proposed assessment for all property
within the assessment area is $171,688.54.
Pursuant to the July 30, 2004, Hillside Terrace Petition for Public
Improvement and Assessment Agreement, the developer/owner of
the property to be assessed has waived his rights to appeal the
amount of the assessment to the district court of Hennepin County
pursuant to Minnesota Statutes, Section 429.081. The
developer/owner may appeal any arbitrary, unreasonable or
capricious actions of the City in connection with this project to
district court pursuant to Minnesota Statutes, Section 429 by
serving written notice of the objection upon the Mayor or Clerk of
the City within 30 days after the adoption of the assessment and
filing such notice with the district court within 10 days after
service upon the Mayor or Clerk.
No appeal may be taken as to the amount of the assessment based
on the waiver of appeal set out in the referenced Assessment
Agreement. Objections to the regularity of these proceedings may
be made verbally at the hearing or by written objection signed by
the developer/owner and filed with the City Clerk or Mayor before
or at the hearing. Objections not received at the assessment
hearing in this manner as prescribed by Minnesota Statutes,
Section 429.061 are waived, unless the failure to object is due to a
reasonable cause.
Under the provisions of Minnesota Statutes, Sections 435.193 to
435.195, the City may, at its discretion, defer the payment of
assessments for any homestead property owned by a person 65
years of age or older for whom it would be a hardship to make the
payments. The procedure for applying for such a deferment is set
forth in New Hope Code 1.60 et. aI., a copy of which is available
upon request at the office of the City Clerk.
The amount to be specifically assessed against your particular lot,
piece, or parcel of land is stated on the first page of this notice.
This assessment may be adopted by the City Council at this
hearing.
If the assessment is not paid within 30 days from the adoption of
the assessment roll, interest will accrue on the assessment at the
rate of 7%.
Unless you choose to prepay your assessment, the assessment will
be certified to your real estate taxes commencing with taxes
payable in 2006. The assessment will be spread in equal annual
installments over 10 years bearing interest at 7%. The first
installment will include interest on the total assessment from
November 1, 2005, through December 31, 2006, or 14 months'
interest.
PAYMENT OPTIONS
THIS YEAR:
PAYMENT IN
SUCCEEDING YEARS:
1) FULL PAYMENT - You may prepay the entire assessment to the
Finance Director or Assessment Clerk of the City prior to
November 15, 2005, when the assessment roll is certified to
the County Auditor. To avoid paying interest, you need to
prepay the assessment in full within 30 days of the adoption of
the assessment.
2) PARTIAL PAYMENT - One partial payment per property will be
accepted and credited to any special assessment levied against
real property in the City within 30 days from the date the City
Council adopts a resolution approving said special assessments.
Payments must be made to the Finance Director or Assessment
Clerk. The remaining unpaid balance will be certified to the
County Auditor and apportioned to the property' s real estate
taxes for payment per the collection procedure established in
Minnesota Statute Chapter 429.
In subsequent years, the principal balance remaining may be paid to
the Finance Director or Assessment Clerk at any time prior to
November 14 of any year.
Dated: September 19, 2005
BY ORDER OF THE CITY COUNCIL
;:; Ld L/ oln1L
.
Valerie Leone, City Clerk
P:IAttorneylSASll Client Filesl2 CitY of New HopeI99-67711IHillside Terracellmailed notice-Chazin- adopt special assess.doc
RESOLUTION NO. 05- 135
RESOLUTION RELATING TO PUBLIC HEARING AND
ADOPTION OF ASSESSMENTS FOR IDLLSIDE TERRACE
STREET AND INFRASTRUCTURE IMPROVEMENT NO. 771
WHEREAS, Alan Chazin Homes, Inc., a Minnesota corporation (hereafter Owner) and
the City of New Hope, a Minnesota municipal corporation (hereafter City) entered into the
Hillside Terrace Petition For Public Improvement And Assessment Agreement (hereafter
Assessment Agreement) on July 30, 2004 a copy of which is attached as Exhibit A, and
WHEREAS, the purpose of the Assessment Agreement was to induce the City to construct
a public improvement project known as the Hillside Terrace Infrastructure Improvement No. 771
(hereafter Project). The scope ofthe Project was to extend 35th Avenue North just east of Ensign
A venue North with a public street/cul-de-sac and all other necessary infrastructure improvements
to serve residential property being platted and developed by Owner into seven residential building
lots to be known as Lots 1-7, Block 1, Hillside Terrace, and
WHEREAS, the Assessment Agreement further provides that Lots 1-7, Block 1, Hillside
Terrace have been specially benefited by the construction of the Project and in consideration for
the City's construction of the project the Owner agrees Lots 1-7, Block 1, Hillside Terrace shall
be specially assessed $182,750.08 plus any additional costs relating to change orders increasing
the Project costs proportionally allocated to Lots 1-7, Block 1, Hillside Terrace as determined by
the City Engineer per Minn. Stat. Chap. 429, and
WHEREAS, the City Engineer has determined the fmal costs to be assessed to Lots 1-7,
Block 1, Hillside Terrace including all additional costs resulting from change orders shall be
$171,688.54 and per the Assessment Agreement that said costs shall be equally allocated to the
seven lots payable over a ten year period with a yearly seven per cent interest rate. The first
assessment payment to be payable with the real estate taxes payable in 2006, and
WHEREAS, the City Clerk, with the assistance of the City Engineer, has prepared for
adoption an assessment roll for the Hillside Terrace Infrastructure Improvement No. 771, and said
proposed assessment roll is attached hereto as Exhibit B and is on file with the City Clerk and
open to public inspection;
WHEREAS, pursuant to the Assessment Agreement, the City Clerk has caused notice of
this October 10, 2005 public hearing before the New Hope City Council to consider the adoption
of this special assessment to be duly published in the September 22, 2005 edition of the Sun Post
newspaper and the City Clerk has further caused mailed notice of this hearing to be to be sent to
the Owner of Lots 1-7, Block 1, Hillside Terrace. The City Council hereby ratifies and approves
-1-
this action taken by the City Clerk to notice and call for the public hearing to consider the
adoption of these assessments.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope,
Minnesota, as follows:
1. The proposed assessments, in the total amount of $171 ,688.54, attached hereto and
made a part hereof as Exhibit B are hereby accepted and per the Assessment Agreement attached
as Exhibit A shall constitute the special assessments against Lots 1-7, Block 1, Hillside Terrace,
and each lot is hereby found to be benefited by the proposed improvement.
2. Such assessments shall be as follows:
a. The assessments shall be payable in equal annual installments extending over
a period of ten (10) years, the first of said installments to be payable with general taxes for
the year 2006, collectible with such taxes during the year 2006.
b. To the first installment shall be added interest at the rate of seven (7%)
percent per annum on the entire principal amount of the assessment from the date of this
resolution until December 31 of the year in which such installment is payable. To each
subsequent installment, when due there shall be added interest for one year at said rate on
the unpaid principal amount of the assessment.
c. The Owner of the property so assessed may at any time prior to the
certification of the assessment or the first installment thereof to the County Auditor, pay
the whole of the principal amount of the assessment on such property with interest accrued
to the date of payment to the City Finance Director or Assessment Clerk, except that no
interest shall be charged if the entire assessment is paid within 30 days from the date
hereof; and such property owner may at any time prior to November 15 of any year pay to
the County Auditor the entire principal amount of the assessment remaining due with
interest accrued to December 31 of the year in which said payment is made.
3. The City Clerk shall forthwith transmit a certified duplicate copy of this assessment
to the County Auditor to be extended on the tax list of the County.
4. If the adopted assessment differs from the proposed assessment as to any particular
lot, piece or parcel of land, the Clerk shall mail to the owner a notice stating the amount of the
adopted assessment. Owners must also be notified by mail of any changes adopted by the Council
in interest rates or prepayment requirements from those contained in the mailed notice of the
proposed assessment.
-2-
Adopted by the City Council this 10th day of October, 2005.
Attest: ~ ~
Valerie Leone, City Clerk
P:IAttomeylSASII Client Filesl2 City of New Hopel99-67711(Hillside Terrnce)IResolution relating to Pub. hrg. on Special Assess.doc
-3-
~{
EXHIBIT A (of Resolution 2005-135)
HILLSIDE TERRACE
PETITION FOR PUBLIC Il\rIPROVEMENT
AND ASSESSMENT AGREEMENT
1. Parties - The parties to this Agreement are the City of New Hope, a Minnesota municipal
corporation (hereafter City) and The Church of St. Joseph, a Minnesota corporation
(hereafter Fee Owner) and Alan Chazin Homes, Inc., a Minnesota corporation (hereafter
Developer).
2. Purpose - The Owner and Developer, hereby request and petition the City to construct a
public street/cul-de-sac and all necessary infrastructure improvements therein, including
sanitary sewer, storm sewer and water main with all bituminous pavement, concrete curb
and gutter, pipe, valves, fittings, residential water services, sod, topsoil restoration and all
other appurtenant works and services reasonably required to complete the street/cul-de-
sac and infrastructure improvements. These public improvements and project is
identified as Hillside Terrace Infrastructure Improvement Project 771 (the Project) and
will extend 35th Avenue North just east of Ensign Avenue North to serve property being
platted by Developer with Owner' consent into seven (7) new residential lots to be
known as Lots 1-7, Block 1, Hillside Terrace located in the City of New Hope, County of
Hennepin, and State of Minnesota, (hereafter Property) and is now legally described as
follows:
(see Exhibit A attached)
The purpose of this Agreement is to set out the respective cost sharing agreement
between the City and Developer relating to the Project. The Project is more fully
described in the Memorandum from the Bonestroo, Rosene, Anderlik & Associates,
engineers for the City, dated June 23, 2004 with Engineer's Estimate attached as Et:hibit
B. All work shall be done in conjunction with the Project. The Church of St. Joseph
hereby warrants and represents it owns in fee 100% of the property legally described on
Exhibit A. Alan Chazin Homes, Inc. hereby warrants and represents it has entered into a
purchase agreement with The Church of St. Joseph to buy in fee all of the property
legally described on Exhibit A and that it has submitted an application to the City to plat
the property as Lots 1-7, Block 1 Hillside Terrace. Developer further acknowledges and
agrees the property legally described on Exhibit A will be specially benefited from the
Project and also submits this petition for the purposes set out in Minn. Stat. &429.031
subd. 3.
3, Description of Work - The public improvements described above shall be constructed
according to plans and specifications prepared by the City engineers for the Project as
referenced in his June 23,2004 Memorandum attached as Exhibit B.
4. Costs - The City has received bids from several contractors to construct the described
public improvements per its advertisement for bids published L'l the Construction
Bulletin on July 2 and 9, 2004 and in the New Hope-Golden Valley Sun Post on July 8,
1
2004. The City opened bids on July 19, 2004 and intends to award a contract to the
lowest responsible bidder Carl Bolander & Sons Co. in an amount of $191,811.31.
Added to the actual construction cost is an additional amount of $47,952.83 for
engineering, legal and administrative costs resulting in a total public improvement cost of
$239,764.14, Developer agrees to this total cost of the Project. The City agrees it is
responsible for and will pay $57,014.16 of said total cost that relates to the installation of
a trunk stonn water line serving the existing neighborhood. The Developer agrees that
$182,750.08 of said total cost shall be assessed against the Property and is the amount of
the Project attributable to installing the street/cul-de-sac, sanitary sewer, stonn sewer,
residential water service and all other appurtenant works and services to complete the
Project specially benefiting the Property referenced above (hereafter the Assessed
Amount). This Assessed Amount is based on construction costs and engineering, legal
and administrative cost for the entire Project. The Developer and the City understand
and agree that change orders can affect the cost of the Project, including change orders
based upon per unit costs. Change orders are generally the result of unforeseen
construction circumstances or project design changes. Developer acknowledges and
agrees to pay on a pro rata basis, as detennined by the New Hope City Engineer, all
change order costs which increase total Project costs and the Assessed Amount under this
Agreement. Developers acknowledge and agree to pay the unit costs of the project based
upon the actual units used for construction of the project which may increase the actual
construction costs and the Assessed Amount referenced above.
5. Special Assessment - The Developer acknowledges and agrees that the proposed
construction of the Project specially benefits the Property legally described on Exhibit A.
In consideration for the City's action to cause the construction of the Project at the
Owners' and Developers' request, the Developer agrees that the fair market value of the
Property \-vill increase in an amount equal to or greater than $182,750.08 and that it will
pay the Assessed Amount by a special assessment levied against the Property pursuant to
Minn.. Stat. Chapter 429 over a period of ten (10) years at an interest rate of seven (7)
per cent per annum. The first installment is anticipated to be payable with real estate
taxes due in 2005. The Developer expressly waives all objections to any irregularity \-vith
regard to the special assessment for the Project and any claim that the Assessed Amount
of $182,750.08 to be levied against the Property is excessive. The Developer further
waives any and all rights to appeal the special assessment in District Court under Millll.
Stat. Chapter 429 and more specifically 1W1l1l. Stat. 9429.081 or any other federal, state,
or local law, rule, or regulation. Provided, however, the Developer shall retain the right
to object to any arbitrary, unreasonable or capricious actions of the City in connection
with the Project, other than the propriety of this project, the Developers' share in the cost
thereof as set out above, or the City's right to levy an assessment therefore against the
Property.
6. Indemnification - The Alan Chazin Homes, Inc. agrees to indemnifY, reimburse and
hold the City harmless for all costs to make the improvements described above in the
event the special assessment against the Property is held invalid and unenforceable for
any reason, due to the improvements or special assessments being challenged by the
2
Owner or the owners of individual lots in the Hillside Terrace plat, or anyone claiming
through the Owners or the individual lot owners. This indemnification shall include
reasonable attorney's fees and costs to collect and enforce the special assessment and this
Agreement.
7. Owner's Special Assessment Liabilitv. - The City agrees not to start construction of the
improvements described in paragraph 2 herein until the City receives a copy of the signed
deed by Owner conveying to Developer title in fee to the Property. Further, the City and
Developer aclmowledge and agree the Owner shall not be responsible to the City or
Developer for any of the Project Costs described in paragraph 2 herein, nor shall the
Property be specially assessed for any Project Costs until and unless Owner conveys to
Developer title in fee to the Property. It is anticipated by the parties hereto this
conveyance will occur on or before September 1,2004.
Dated:
7/3Q
/
) 2004
Alan Chazin Homes, Inc.
CiryofNewRope 9ft/-
~~--
CollIer
Its ayor(
Daniel J. onahue
Its City Manager
Bi~ ~~
By: ])a/JI{I./ Uor\cu7ue
Its (JilL; (j//Cuia.fl_e-i--
i/ .J
By:
The Church of St. Joseph
By: ~~tJ OV/v,-~
Its: (\Q..i.i.57"B2 '
By:
Its:
ST ATE OF MINNESOTA)
) S5.
3
COUNTY OF 'the-
)
was acknowledged before me this 30 ~ day of
, 2004 by ~~ and
, the. zz. 'dv:rJ and
respectively, of Alan Chazin Homes, Inc., a Minnesota corporation,
on behalf of said corporation,
The foregoing
'7Jl~
STATE OF MINNESOTA )
/ / " ) ss.
COUNTY OF ~~
(/
The foregoing was acknowledged before me this Sday of
J)/~ iJil) L3N~;J
~~-7L/~. ~~
Notary P~!JIL~.<..:<:..c.~...~ """. --: =' .
SHARON C. SANNEL
NOTARY PUBLIC. MINNESOTA
My Commission Expires Jan. 31. 2005
"..:
~~/f-
,2004, by
and
the
----j7~1.\. Sil.::,,=:
and
respectively of The Church of St. Joseph, a Minnesota corporation, on behalf of said
corporation.
F;~~;;;l:;;;;Z;;;;;Pf;~~~~ .
'i! '.~'}.:;;:. Dp-,V1D E. K€.lRI~Ejq
\~~'{~~:t;~.f.~~ .
(J!J It-
/) ,.7
': v---/? t:t______
Notary Public
STATEOFMINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing was), acknowledged before me this C;-..J~ day of
IJD (!{~[:J t , 200,0'/ by Don Collier and Daniel J. Donahue, the Mayor and City
Manager/respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf
of said municipal corporation.
;(uW/~
Notary Public - I
4
Exhibit A
Le!!al Description
Outlot A, Parish Community of St Joseph, Hennepin County, Minnesota
5
& 11. Bonestroo
e Rosene
"1\11 AnderJik &
1'J' Associates
Engineers IS. Archite<:tS
2335 \tIest Highway 36 . Sr. Paul,. MN 55J8
Office: 651-636-4600 . Fax: 651-636-1311
wV\.'W:b onesrroo.C:orr.
EXHIBIT B
June 23, 2004
Mr. Guy Johnson
City of New Hope
5500 International Pkwy.
New Hope, MN 55428
Re: Hillside Terrace Infrastructure Improvements, City Project No. 771
Approval of Plans and Specifications/Authorize Bids
BRAA # 34-04-162
Dear Guy:
Attached find copies of the plans for the 2004 Infrastructure Improvements project and the
Advertisement for Bid. The proposed construction will include approximately 600 LF of street
reconstruction, new stree~ trunk storm sewer and water main and sanitary sewer extension.
The proposed infrastructure is necessary for the proposed Hillside Terrace Development. Also, a
.. ili
trunk storm sewer will be extended from35 Avenue and Ensign Avenue to the proposed future
St. Joseph Regional Pond. This work is consistent with the City's Surface Water Management
Plan and the Bassett Creek Watershed 2nd Generation Plan CIP.
The current cost estimate for the entire project is $202,000 as presented in the attached estimate.
Of this total cost, approximately $24,000 is the responsibility of the City relating to the trunk
storm sewer. $178,000 is the responsibility of the development.
The proposed schedule is as follows:
Approve Plan and Sp~c/ Authorize Ad for Bid
Open Bids
Receive Bids and Approve Contract
Begin Construction
June 28, 2004
July 19
July 26
August
We recommend Council approve the plans and specs at the June 28th Council meeting and
authorize the advertisement for bids. The bids would be reviewed at the July 26th meeting. .'.
Sincerely,
BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC.
Vincent T. Vander Top
Enclosure
EXHIBIT B (of Resolution 2005-135)
Report Name: Peneting Special
Assessments by SA
771
S/A Number Description
Hillside Terrace public improvements
Prooerty ill
City of New Hope
Pending Special Assessments by S/A Number
Printed: 10/5/2005
Page: 1
19-118-21-21-0059
19-118-21-21-0060
19-118-21-21-0061
19-118-21-21-0062
19-118-21-21-0063
19-118-21-21-0064
19-118-21-21-0065
Total Assessment Amt Closed Desc
Total:
$24,526.94
$24,526.94
$24,526.94
$24,526.93
$24,526.93
$24,526.93
$24,526.93
$171,688.54
CITY OF NEW HOPE
HILLSIDE TERRACE
SITE DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into by Alan Chazin Homes, lnc, a Minnesota corporation,
(~~r,einafter "D~veloper") and the City of Nevv Hope (hereinafter "City"), this L day of
Hl.lG;USr ,_004.
/
WHEREAS, on June 14,2004, by Resolution No. 2004-118, the City Council approved
Developer's preliminary plat (hereinafter the "Plat") for certain real property to be known and
legally described as Lots 1-7, Block 1 Hillside Terrace located in the City of New Hope, County of
Hennepin, State of Minnesota, legally described currently as follows:
(see Exhibit A attached)
(hereinafter "Property") to allow for the development of seven (7) single family residential building
lots at the Property, and
\VHEREAS, the City Council also approved Developer's site development plans for the
Property as set forth in Planning Case 04-03 (hereinafter "Plans"), and
WHEREAS, the approvals were granted subject to the following conditions:
1. Developer must enter into a Development Agreement v,.ith the City and provide an
appropriate financial guarantee to secure the required work (amount to be
determined by City Engineer and Building Official).
2. Developer must comply '"'lith the City Engineer's recommendations as set forth in
his May 13 and May 26, 2004 memoranda attached hereto as Exhibits Band C.
3. Developer must obtain approval of its building plans from the City's Building
Official.
4. Developer must obtain approval of its building plans from the West Metro Fire
District
5. Developer shall pay the appropriate park dedication fee as required by the New
Hope City Code upon final plat approval.
6. Developer must comply with the City Planner's recommendations as follows:
a) retaining \vall details shall be provided to the City Engineer for revievi and
approval.
b) drainage easements shall be sized and configured to cover all backyard drainage
swales.
c) Developer shall provide adequate documentation of pemlission for right of entTY
or easement to grade into adjacent 281 Independent School District property.
d) Developer shall provide an inventory of vegetation to be preserved on the
Property as part of the development (i.e., description of planting types and
sizes),
e) Developer shall provide a description of vegetation measures that will be
implemented on site during construction,
f) All new plantings shall be located within the plat and new spruce trees shall be
six to eight feet in height, and
g) Developer shall provide at least one tree, two inches in diameter, per lot.
7. In lieu of constructing an on-site st0n11 water pond, Developer shall pay a stoml
water ponding fee to the City upon final plat approval (amount to be determined
by the City Engineer).
8. Final plat approval shall be waived by the New Hope Planning Commission.
WHEREAS, the Developer has also agreed it ",,-ill petition the City per Minll. Stat
9429.031 subd. 3 to construct a public street extension/cuI-de-sac with all necessary infrastructure
utilities (sanitary sewer, stonn sewer and water main) on 35th Avenue North east of Ensign Avenue
North to serve the Property's seven proposed residential lots, and \vill enter into an Assessment
Agreement with the City for the construction of said public street extension/cuI-de-sac and
infrastructure utilities in a form attached hereto as Exhibit D.
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. INCORPORATION OF RECITALS. The recitals above are incorporated herein by
reference, specifically including the conditions of approvals.
2. THE WORK. The Work shall consist of the site improvements described in the
Plans, including the Secured Work as described below, and including any anlendments to the Plans
which are approved by the City Council. The Work shall be performed by the Developer to the
City's satisfaction and in compliance v'Iith all applicable codes, ordinances, standards, and policies
of the City.
3. THE SECURED WORK. The Secured \Vork includes all on-site exterior amenities
shown on the Plans that are listed below.
Item
Quantity
a) Site Grading
b) Soil Borrow
c) Erosion Control and Restoration
LS
LS
LS
$44,000.00
$5,000.00
$6.000.00
Construction Total
+ 50% Bond Increase
Total Amount of Financial Guarantee
$55,000.00
$27,000.00
$82,500.00
4. COMPLETION. The Developer agrees that the Work shall be completed in its
entirety on or before the 31th day of December, 2005 (the Completion Date), except as this period
of time is extended by resolution of the Council, or by the City taking no action to require
completion hereunder on a timely basis. It is understood and agreed that failure of the City to
promptly take action to draw upon the bond or other security to enforce this Agreement after the
expiration of the time in which the Work is to be completed hereunder will not waive, estop Qr
release any rights of the City and the City can take action at any time thereafter to require
completion of the Work, and payment for same. Furthermore, the term of this Agreement shall be
deemed to be automatically extended until such time as the City Council declares the Deve]oper in
default thereunder, and the statute oflimitations shall not be deemed to commence running until the
City Council has been notified in writing by the Developer that the Developer has either complied
with this Agreement, or that it refuses to for any reason. ll1ese provisions shall be applicable to any
person who shall give a financial guarantee to the City as required below.
5. COST OF WORK. The Developer shall pay for all costs of persons doing \'lork or
furnishing skill, tools, machinery or materials, or insurance premiums or equipment or supplies and
all just claims for the same, and the City shall be under no obligation to pay the Developer or any
subcontractor any sum whatsoever on account thereof, ,;vhether or not the City shall have approved
the subcontract or subcontractor, and the Developer and its surety shall hold the City hann]ess
against any such claims, and provide the City with all necessary lien waivers.
6. DEFAULT. In the event of default by the Developer as to any of the Secured Work
to be performed hereunder, the City may, at its option, perform the Secured Work and the
Developer shall promptly reimburse the City for any expense incurred therein by the City, provided
the Developer is first given v'lritten notice by United States Mail of the Secured Work in default and
required to be done by the Developer, not less than 7 days being given thereby to the Developer to
remove the default status, said notice being addressed to the Deve]oper at the address set forth
below. Notice given in this marmer being sufficient as described, by agreement of the parties
hereto. Notice to the Developer shall also constitute, without further action, notice to any
contractor or subcontractor, whether they are approved and accepted by the City or not. In the event
of emergency, as detemlined by the City Engineer, the 7 day notice requirement to the Deve]oper
shall be and hereby is waived in its entirety by the Deve]oper, and the Developer shall reimburse the
City for any expense so incurred by the City in the same manner as if mailed notice as described
above had been given. It is understood by the parties, however, that the responsibility of the
Developer is limited by strikes and force m~ieure.
7. ADMLNlSTRATlON COSTS. Developer agrees to reimburse the City for the
actual costs to the City associated \.\~th Planning Case 04-03 and this Agreement. including but not
... '-' ............
limited to, engineering and al1omey's fees. Developer agrees that the financial guarantee shall not
be released until all such costs have heen paid to the City.
8. HOLD HARMLESS. The Developer agrees to indemnify and hold hannless the
City and its agents, employees, and representatives against any and all claims, demands, losses,
damages and expenses (including attomey fees) arising out of or resulting from the Developer's
negligent or intentional acts, or any violation of any safety law. regulation or code in the
performance of this Agreement, without regard to any inspection or review made or not made by
the City, its agents, employees, or representatives, or failure by the City, its agents, employees, or
representatives to take any other prudent precaution. In the event any City employee, agent or
representative shall come under the direct or indirect control of the Developer, or the City, upon the
failure of the Developer to comply with any conditions oftrus Agreement. performs said conditions
pursuant to the financial guarantee, the Developer shall indemnify and hold harmless the City, its
employees, agents and representatives for its O\\!TI negligent or intentional acts in the performance of
the Developer's required work under this Agreement.
9. COST OF ENFORCEMENT. The Developer agrees to reimburse the City for all
costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including
court costs and reasonable engineering and attorney's fees.
10. FINANCiAL GUARANTEE. TIle Developer shall furnish the City \'Vith a financial
guarantee acceptable to the City in one of the following forms: a) cash escrow; b) a perfornlance
bond issued by an approved corporate surety licensed to do business in the State of Minnesota, and
executed by the Developer as the principal; c) an irrevocable letter of credit; d) an automatically
rene\ving certificate of deposit in Developer's name but assigned to the City; e) other financial
instruments which provide equivalent assurance to the City. Said tinancial guarantee shall be
fumished to the City as security to assure completion of the items of Secured Work as set forth
above, and payment of the costs of administration as set forth above. The financial guarantee shall
be in an amount of 150% of the cost of the Secured Work as estimated by the City Engineer. TIle
financial guarantee provided shall continue in full force and effect until the landscaping guaranty is
satisfied, the City Council approves and accepts all of the Secured Work undertaken, and releases
the surety and/or the Developer from any further liability, and until all administrative costs are paid
in fulL including payment of the park dedication and storm \vater ponding fees. The City Council
may reduce the amount of the financial guarantee upon partial completion of the Secured Work,
payment of all outstanding administrative costs and fees and satisfaction of the landscaping
guaranty.
i1
11. NOTICE. The address of Developer, for purposes of this Agreement is as follows,
and any notice mailed by the City to this address shall be deemed sufficient notice under this
Agreement, until notice or a change of address is given to the City in writing:
Alan Chazin, President
Alan Chazin Homes, Inc.
5353 Wayzala Blvd.
Suite 602
Minneapolis, MN 55416
(952)546-3385
12. SEVERABILITY. If any portion, section, subsection, paragraph, sentence, clause or
phrase of this Agreement is for any reason held to be invalid, such decision shall not affect the
validity of the remaining pOItion of this Agreement.
13. SUCCESSION. This Agreement shall be binding upon the parties, their heirs,
successors or assigns, as the case may be.
14. PARK DEDICATION FEE. The Developer specifically acknowledges that the park
dedication fee required in connection with development of the Property pursuant to the Plans is in
the amount of $1 0,500.00 and must be paid in full upon approval of the final plat for the Property.
15. STORM WATER PONDING FEE. The Developer specifically acknowledges that
the storm water ponding fee required in connection with development of the Property pursuant to
the Plans is in the amount of $30,250.00 and must be paid in full upon approval of the final plat for
the Property.
16. LANDSCAPING GUARANTY. The Developer specifically acknowledges it
will guaranty the life of all new plantings on the Property required by this agreement until JW1e 1,
2006. Developer 8.bTfees it will replace at its cost any required plantings that fail to survive until
June 1,2006.
IN VlIThTESS WHEREOF. we have hereunto set our hands and seals.
ALAN CHAZIN HOMES, INC.
CITY OF NEW HOPE
By
Its
f4n ~_
(0~,y/J!J.yyf
Byd egj
Its M~
c
-'
By Olvl/f-:'I J I]onahli e
I /'/' -L... .
ts \.- T (..j )l."i!uilLtf2Y
(/ -, I J
B~jJ~d<<-
Its City Manage I
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrwnent was acknowledged before me this ~ day of
0.[( 4Ci.J-t , 2004, by Don Collier and Daniel J. Donahue, the Mayor and Manager,
respecllvely, of the City of New Hope, a municipal corporation of the State of Minnesota, on behalf
of said municipal corporation.
~.~""~~e~:er~~~....e'"'dee-~re=r~.
\;;,l "N' ONE ~
~~ '~~" VALERIEJ.lE ~
;~) \:f~:'\:~: NOTARY PUBLIC-MiNNESOTA _ C~
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Notary Public
STATE OF'-rr1V'vvrt..vJ?;-[c.,... )
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C;o , The foregoing instrum~nt was acknowledg.ed before me this day of
~vtA... UM~ , 2004, by U~:vv'- Ct1.U.,...... 0,r-..-' and , the
!.)v.,,,,'i5 d-.&--/tX:. and'J, respectively, of Alan Chazin Homes,
Inc., a Minnesota corporation, on behalf of said corporation.
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DRAFTED BY:
Jensen & Sondrall, P.A.
8525 Edinbrook Crossing, #201
Brooklyn Park, MN 55443
(763) 424-8811
BARBARA J. NELSON
NOTARY PUBLIC. MINNESOTA
My Commission Expires Jan. 31. 2005
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Exhibit A
Legal Description
Outlot A, Parish Community of St Joseph, Hennepin County, Minnesota
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I
COUNCIL
REQUEST FOR ACTION
Originating Department
Approved for Agenda
Agenda Section
Public Works
July 26,2004
ment and Plannin
Item No.
8.7
B
RESOLUTION AWARDING CONTRACT FOR THE
CONSTRUCTION OF HILLSIDE TERRACE INFRASTRUCTURE
IMPROVEMENT NO. 771
REQUESTED ACTION
Staff is recommending that Council approve the resolution approving a contract between the city of New Hope and Carl
Bolander and Sons Company for the construction of a city street, cul-de-sac, and necessary infrastructure improvements
in the amount of $191 ,811.31.
BACKGROUND
Allen Chazin Homes has entered into an agreement with St. Joseph's Church to purchase the out lot A on the west edge
of the church property. A plat plan that includes seven lots has been proposed for the development. In order for the
development to proceed, a street, cul-de-sac, and the associated infrastructure must be installed.
The City Council authorized the preparation of plans and specifications for construction of the necessary infrastructure on
June 14, 2004, and approved plans and specifications on June 28,2004. Six bids were received on July 19, 2004. The
lowest responsible bid for the construction of the infrastructure was from Carl Bolander & Sons Company for $191,811.31.
The engineer's construction cost estimate was $202,000 for the 35th Avenue extension, the cul-de-sac, and the utilities.
The city of New Hope is responsible for the installation of a trunk storm water pipe serving existing neighborhoods, at a
construction cost of $26,148.70. The city is also responsible for a portion of the street construction costs, estimated at
$19,462.55, that is associated with the reconstruction of the existing 35th Avenue, between Ensign Avenue and out lot A,
that will be impacted by the trunk storm water pipe installation. The balance of the contract cost would be the
responsibility of the developer through an assessment agreement.
FUNDING
Funds for the city's portion of this project are available through the Street Infrastructure Fund and Storm Water Fund.
ATTACHMENTS
Copies of the resolution, engineers memorandum, bid tabulation, and the proposed division of costs are attached
MOTION BY
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