IP #832PROJECT NO. 832
2007 Sidewalk Infrastructure
Res. 07-91 6/11/07
Resolution approving plans and specifications for a proposed 2007 sidewalk
infrastructure project (improvement project no. 832)
Res. 07-110 7/23/07
Resolution awarding contract to Ron Kassa Construction, Inc. for the 2007 sidewalk
infrastructure improvement project (improvement project no. 832) $109,160
Res. 07-119 8/27/07
Resolution approving change order no. 1 for the 2007 sidewalk infrastructure project
(improvement project no. 832)
Res. 08-24 1/28/08
Resolution accepting the 2007 sidewalk infrastructure improvement project and
approving the final payment request to Ron Kassa Construction Inc. (improvement
project no. 832)
COUNCIL
Request for Action
Originating Department
Approved for Agenda
Agenda Section
Public Works
July 23, 2007
Development and Plmming
Item No.
8.1
By: Guy Johnson
By:
Resolution awarding contract to Ron Kassa Construction, Inc. for the 2007 sidewalk infrastructure
improvement project (improvement no. 832)
Requested Action
Staff requests approval of a resolution awarding the contract for the 2007 sidewalk in.frastructure
improvement on the city's east/west streets to the low and responsible bidder, Ron Kassa Construction, Inc.,
in the amolmt of $109,160.
Policy/Past Practice
The City Council routinely considers public infrastructure improvement projects to extend the useful life of
the infrastructure and/or improve the level of service.
Background
The city completed a similar sidewalk improvement project in 1997 on all of the city's north/south sidewalks.
A small portion of the east/west sidewalks were improved in conjunction with street projects between 1997
and 2002. In May of this year, Council authorized the preparation of plans and specifications. On June II,
Council reviewed the plans and specifications and authorized advertising for bids. Bids were received on
July 12.
The proposed project consists of removal and replacement of only those panels that are either in poor
structural condition or pose an unsafe condition for sidewalk users. The proposed project also includes the
replacement of pedestrian ramps that are in the condition previously stated. Any pedestrian ramps needing
replacement ,vould be replaced with the ADA required truncated dome type of ramp. Staff recommends that
neither sidewalk panels nor pedestrian ramps be removed for aesthetic reasons only.
Motion by
07
d071/U/"Vl () /1/
Second by
To:
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I: \ RF A \ PUB WORKS \2007\ 832 Sidewalk Award Contract.doc
Request for Action
July 23, 2007
Page 2
The project would involve the replacement of approximately 22,000 square feet of sidewalk, including
sidewalk panels and pedestrian ramps. Pulverized black dirt and seed will be used for restoration along the
edges of replaced panels and pedestrian ramps.
The proposed project schedule is:
. Award contract on July 23, 2007
. Start construction in August 2007
. Complete project in October 2007
Funding
Bids were received from eight firms on July 12, 2007, with the low bidder being Ron Kassa Construction, Inc.
at $109,160. The 2007 CIP included $132,000 construction costs, and $26,400 indirect costs, for a total of
$158,400 for the project. Funding sources for the sidewalk infrastructure improvement project would be from
the street infrastructure fund.
Attachments
The engineer's memorandum, copies of the bid tabulations, and the resolution awarding the contract are
attached.
I: \ RF A \ PUBWORKS \2007\ 832 Sidewalk Award Contract.doc
City of New Hope
Resolution No. 07- 110
Resolution awarding contract to Ron Kassa Construction, Inc.
for the 2007 sidewalk infrastructure improvement project
(improvement no. 832)
WHEREAS, this Council approved plans and specifications and ordered bids for construction of
the 2007 sidewalk infrastructure improvement project; and,
WHEREAS, this activity is an integral component of the city's infrastructure maintenance
programs; and,
WHEREAS, this Council does hereby determine to proceed with the 2007 sidewalk
infrastructure improvement project; and,
WHEREAS, the advertisement for bids for construction of the 2007 sidewalk infrastructure
improvement project was published in the New Hope-Golden Valley Sun Post, the
official newspaper of the city, on June 21, 2007, and in the Construction Bulletin on
June 18 and June 25, 2007; and,
WHEREAS, the bids for construction of the 2007 sidewalk infrastructure improvement project
were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 11:00
a.m. on July 12, 2007; and,
WHEREAS, the bid of Ron Kassa Construction, Inc., in the amount of $109,160, for construction
of the 2007 sidewalk infrastructure improvement project is the lowest responsible
bid submitted; and,
WHEREAS, the city engineer, Bonestroo, has recommended that Council award the contract to
Ron Kassa Construction, Inc.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin
COlmty, lvlinnesota:
1. That the contract for construction of the 2007 sidewalk infrastructure
improvement project is awarded to Ron Kassa Construction, Inc.; and,
2. That the Mayor and Acting City Manager are authorized and directed to sign
the same.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 23rd day
of July 2007. {I, ,,';
i/~ [) OV? Q
1/ II ~ ti\ ~ k.~ .. J) Afl X .-;b.
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Attest: l2tLt/~i-~trYL-L
City Clerk
2335 Highway 36 IN
51. Paul. MN 55113
Tel 651-636-4600
Fax 651-636-1311
www.bonestroo.com
July 12, 2007
.. Bonestroo
Honorable Mayor and City Council
City of New Hope
401 Xylon Avenue North
New Hope, MN 55428-4898
Re: 2007 Sidewalk Improvements Project
City Project No. 832
Project No. 000034-07196-0
Bid Results
Bids were opened for the Project stated above on Thursday, July 12, 2007. 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 8 Bids. The following summarizes the results of the Bids received:
Contractor
Low Ron Kassa Construction, Inc.
#2 Bailey Construction
#3 Quality Restoration Services, Inc.
#4 Create Construction, Inc.
#5 Pember Companies, Inc.
#6 Ti-Zack Concrete, Inc.
#7 Concrete Idea Inc.
#8 New Look Contracting, Inc.
Bid Amount
$109,160.00
$119,780.00
$125,186.00
$125,616.00
$130,224.00
$132,030.00
$134,700.00
$139,030.15
The low Bidder on the Project was Ron Kassa Construction, Inc. with a Base Bid of $109,160.00. These
Bids have been reviewed and found to be in order.
If the City Council wishes to award the Project to the low Bidder, then Ron Kassa Construction, Inc.
should be awarded the Project on the Base Bid Amount of $109,160.00.
51 Paul
51 Cloud
Rochester
Milwaukee
Chicago
Engineers
Architects
Planners -
City of New Hope
2007 Sidewalk Improvement
Page 2
July i 2. 2007
Should you have any questions, please feel free to contact me at 651-604-4938.
Sincerely,
BONESTROO
~~
Jason P. Quisberg, Project Manager, P.E.
Enclosure
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2335 Highway 36 W
St. Paul, MN 55113
Tel 651-636-4600
Fax 651-636-1311
wvvw.bonestroo.com
July 24, 2007
Ron Kassa
Ron Kassa Construction, Inc.
6005 East 250th Street
Elko, MN 55020
Bonestroo
Re: City of New Hope, Minnesota
2007 Sidewalk Improvements Project
City Project No. 832
Project No. 000034-07196-0
Contract Documents
Dear Mr. Kassa:
Enclosed are four Contract Documents betvveen you and the City of New Hope covering the above-referenced
Project. Please complete Specification Document 00520 Agreement Form, Document 00610 Performance
Bond, and Document 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:
Steven Sondrall
Jensen & Sondrall PA
8525 Edinbrook Crossing #201
Brooklyn Park, MN 55443-1983
After the necessary officials have signed the Contracts, they will be distributed as follows:
2 copies
1 copy
1 copy
Ron Kassa Construction, Inc.. (1 - your file, 1 - your bond company)
City of New Hope, Attention: Valerie Leone
Bonestroo, Attention: Jason P. Quisberg
Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's
attorney, a pre-construction conference will be scheduled with you and the City of New Hope to review the
Project.
Sincerely,
BONESTROO
~~
Jason P. Quisberg, P.E.
Enclosures: Four Contract Documents
cc:
Valerie Leone, City of New Hope
Steven Sondrall, City Attorney
st. Paul
St. Cloud
Rochester
Milwaukee
Chicago
LESLIE A. ANDERSON
GORDON L. JENSENl
AMY E. PAPENHAUSEN
STEVEN A. SONDRALL
'Real Property Law
Specialist Certified By
The Minnesota State
Bar Association
: Admitted in Iowa
JENSEN & SONDRALL, P.A.
Attorneys At Law
August 29, 2007
Valerie Leone
City Clerk
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re: 2007 Sidewalk Improvements
City Project No. 832
Our File No.: 99.10030
Dear Val:
8525 EDINBROOK CROSSING, STE. 201
BROOKL YN PARK, MINNESOTA 55443-1968
TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193
e-mail law@jensen-sondraIl.com
Enclosed please find four copies of the contract and bonds for the referenced project, as well as
the Certificate of Insurance received from Ron Kassa Construction. Inc. All are in order from a
legal standpoint.
Please call me if you have any questions.
Very truly yours,
Steven A. Sondrall. City Attorney.
City of New Hope
JENSEN & SONDRALL. P.A.
sas@jensen-sondrall.com
Enclosures
cc: Guy Johnson, Public Works Director
August 31, 2007
Mr. Ron Kassa
Ron Kassa Construction Inc.
6005 East 250th Street
Elko, MN 55020
SUBJECT: 2007 SIDEWALK IMPROVEMENTS
(IMPROVEMENT PROJECT NO. 832)
Enclosed are two fully executed contract documents for New Hope Project No. 832. One
contract 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 July 23, 2007, for
$109,160.
Also enclosed is a "Withholding Affidavit for Contractors" (IC-134 form). We cannot make
final payment to contractors until this is approved by the Minnesota Department of
Revenue and submitted to our office (Minnesota Statute 290.97). The form contains
instructions for completion.
Should you have any questions regarding the project, please contact Vince VanderTop,
City Engineer, at 651-636-4790.
Sincerely,
Flvp ./-
Valerie Leone
City Clerk, CMC
Enclosures - Contract, I C-134
cc: Steve Sondrall, City Attorney (File No. 99.10030)
Vince VanderTop, Assistant City Engineer (File No. 34-07196-0) w/ enclosure
Guy Johnson, Director of Public Works
CITY OF NEW HOPE
4401 Xylon Avenue North ~ New Hope, Minnesota 55428-4898 + www.ci.new-hope.rnn.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
DOCUMENT 00005
PROFESSIONAL CERTIFICATIONS
I hereby certify that this report, drawing, or
specification was prepared by me or under my direct
supervision and that I am a duly Licensed Engineer
under the laws of the State of Minnesota.
~ r'"~
~-4--r"l ~
~ G/
Jason Quisberg, P.E.
Reg. No. 44315
Date: June 7.2007
END OF DOCUMENT
000034-07196-0
(Q 2007 Bonestroo
PROFESSIONAL CERTIFICATIONS
DOCUMENT 00010
TABLE OF CONTENTS
2007 SIDEWALK IMPROVEMENTS
CITY PROJECT NO. 832
PROJECT NO. 000034-07196-0
1\TEW HOPE, MINNESOTA
2007
Introductory Information
00005 Professional Certifications
00010 Table of Contents
Bidding Requirements
00100 Advertisement for Bids
00200 Instructions to Bidders
00300 Infol111ation 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 Proj ect Management and Coordination
01500 Temporary Facilities and Controls
Division 2 - Site Construction
02225 Removals
02280 Adjust Miscellaneous Structures
02315 Excavation and Fill
02318 Sub grade Preparation
02720 Aggregate Base Course
02741 Plant Mixed Asphalt Pavement
02775 Concrete "Walks
02920 Lawns and Grasses
END OF DOCUMENT
000034-07196-0
@ 2007 Bonestroo
TABLE OF CONTENTS
DOCUMENT 00100
ADVERT~EMENTFORBIDS
Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon
Avenue North, until 11 A.M., C.D.S.T., Thursday, July 12, 2007, at which time they will be
publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for
the following:
2007 Sidewalk Improvements. Citv Project No. 832
In general, Work consists of the following approximate quantities:
22,000
39
75
5
15
1
SF Remove and install new concrete sidewalk
EA Remove and install new pedestrian ramp
CY Excavate and install aggregate base
EA Adjust manhole casting, water gate valve box, or curb stop
TN Bituminous patching
LS Seeding
The estimated constmction cost for this Project is $140,000.
Bidders desiring a copy of the Bidding Documents may obtain them from the Issuing Office of
Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600 upon payment of a non-
refundable fee of $40. Bidding Documents may be seen at the office of the City of New Hope and
at the Issuing Office. Bidding Documents can also be purchased with a credit card over the internet
at www.bonestroo.com.
Direct inquiries to Engineer's Project Manager Jason Quisberg at (651) 604-4938.
Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in
accordance with the Instmctions to Bidders.
The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to
exceed 60 days after the date and 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.
The Owner 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 Owner.
Dan Donahue - City Manager
City of New Hope, Minnesota
000034-07196-0
@ 2007 Bonestroo
ADVERTISEMENl FOR BIDS
DOCUMENT 00200
INSTRUCTIONS TO BIDDERS
ARTICLE 1 - DEFINED TERMS
1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General
Conditions and Supplementary Conditions. Additional terms used in these 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 DOCUMENTS
2.01 Complete sets of the Bidding Documents in the number and for the non-refundable sum
stated in the Advertisement for Bids may be obtained from the Issuing Office.
2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor
Engineer assumes any responsibility for errors or misinterpretations resulting from the use
of incomplete sets of Bidding Documents.
2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms,
do so only for the purpose of obtaining Bids for the Work and do not confer a license or
grant for any other use.
ARTICLE 3 - QUALIFICATIONS OF BIDDERS
3.01 To demonstrate Bidder's qualifications to pelform the Work within 5 days of Owner's
request, Bidder shall submit written evidence, such as financial data, previous experience,
present commitments, and such other data, as may be called for below:
A. Evidence of Bidder's qualification to do business in the state where the Project is
located or covenant to obtain such qualification prior to award of Contract.
B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith.
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INSTRUCTIONS TO BIDDERS
ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,
AND 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 Site that Engineer has used in preparing the Bidding
Documents.
2. Those drawings of physical conditions in or relating to existing surface and
subsurface structures at or contiguous to the Site (except Underground
Facilities) that Engineer has used in preparing the Bidding Documents.
B. Copies of reports and drawings referenced in Paragraph 4.0 l.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 Site is based upon
information and data furnished to Owner and Engineer by owners of such
Underground Facilities, including Owner or others.
4.03 Hazardous Environmental Condition
A. The Supplementary Conditions identify those reports and drawings relating to a
Hazardous Environmental Condition identified at the 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 drawings are not
part of the Contract Documents, but the "technical data" contained therein upon
which Bidder is entitled to rely as provided in Paragraph 4.06 of the General
Conditions has been identified and established in Paragraph 4.06 of the
Supplementary Conditions. Bidder is responsible for any interpretation or
conclusion Bidder draws from any "technical data" or any other data,
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INSTRUCTIONS TO BIDDERS
interpretations, oplillons, 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 Site, if any, and possible changes in
the Contract Documents due to any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in the Drawings or Specifications, or
identified in the Contract Documents to be within the scope of the Work appear in
Paragraph 4.06 of the General Conditions.
4.05 On request, Owner will provide Bidder access to the 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 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 Site by Owner or others (such as
utilities and other prime contractors) that relates to the Work contemplated by these Bidding
Documents. On request, Owner will provide to each Bidder for examination access to or
copies of contract documents (other than portions thereof related to price) for such other
work.
4.07 It is the responsibility of each Bidder before submitting a Bid to:
A. examine and carefully study the Bidding Documents, the other related data
identified in the Bidding Documents, and any Addenda;
B. visit the Site and become familiar with and satisfy Bidder as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work;
C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work;
D. carefully study all: (1) reports of explorations and tests of subsurface conditions at
or contiguous to the Site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the 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 Site which have been
identified in the Supplementary Conditions as provided in Paragraph 4.06 of the
General Conditions;
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INSTRUCTIONS TO BIDDERS
E. obtain and carefully study (or accept consequences of not doing so) all additional or
supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions (surface, subsurface, and Underground Facilities) at or
contiguous to the Site which may affect cost, progress, or performance of the Work
or which relate to any aspect of the means, methods, techniques, sequences, and
procedures of construction to be employed by Bidder, including applying any
specific means, methods, techniques, sequences, and procedures of construction
expressly required by the Bidding Documents, safety precautions, and programs
incident thereto;
F. agree at the time of submitting its Bid that no further examinations, investigations,
explorations, tests, studies, or data are necessary for the determination of its Bid for
performance of the Work at the Price(s) Bid and within the times and in accordance
with the other terms and conditions of the Bidding Documents;
G. become aware of the general nature of the work to be performed by Owner and
others at the 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 Site, reports and drawings identified in the Bidding Documents, all
additional examinations, investigations, explorations, tests, studies, and data with
the Bidding Documents;
1. promptly give Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder discovers in the Bidding Documents and confirm that the
written resolution thereof by Engineer is acceptable to Bidder; and
J. determine that the Bidding Documents are generally sufficient to indicate and
convey understanding of all 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 written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding
Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performing and furnishing the Work.
ARTICLE 5 - PRE-BID CONFERENCE
5.01 There will be no pre-Bid conference.
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INSTRUCTIONS TO BIDDERS
ARTICLE 6 - SITE AND OTHER AREAS
6.01 The 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 Al\TD ADDEl\TDA
7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to
Engineer in writing. Interpretations or clarifications considered necessary by Engineer in
response to such questions will be issued by Addenda mailed or delivered to all parties
recorded by Engineer as having received the Bidding Documents. Questions received less
than 10 days prior to the date for Opening of Bids may not be answered. Only questions
answered by Addenda will be binding. Oral and other interpretations or clarifications will
be without legal effect.
7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed
advisable by Owner or Engineer.
ARTICLE 8 - BID SECURITY
8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of
5 percent of Bidder's maximum Bid Price and in the form of a certified check or bank
money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01
and 5.02 of the General Conditions.
8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed
the Contract Documents, furnished the required Contract Security, and met the other
conditions of the Notice of Award, whereupon the Bid Security will be returned. If the
successful Bidder fails to execute and deliver the Contract Documents and furnish the
required Contract Security within 15 days after the Notice of Award, Owner may annul the
Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of
other Bidders whom Owner believes to have a reasonable chance of receiving the award
may be retained by Owner until the earlier of 7 days after the Effective Date of the
Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such
Bidders will be returned.
8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of
receiving the award will be returned within 7 days after the Bid Opening.
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INSTRUCTIONS TO BIDDERS
ARTICLE 9 - CONTRACT TIMES
9.01 The number of days within which or the dates by which Milestones are to be achieved and
the Work is to be Substantially Completed and ready for Final Payment are set forth in the
Agreement.
ARTICLE 10 - LIQUIDATED DAMAGES
10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.
ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS
11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or
described in the Bidding Documents without consideration of possible substitute or "or-
equal" items. Whenever it is specified or described in the Bidding Documents that a
substitute or "or-equal" item of material or equipment may be furnished or used by
Contractor if acceptable to Engineer, application for such acceptance will not be considered
by Engineer until after the Effective Date of the Agreement.
ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS
12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers,
individuals, or entities to be submitted to Owner in advance of a specified date prior to the
Effective Date of the Agreement, the apparent successful Bidder and any other Bidder so
requested shall within 5 days after Bid Opening, submit to Owner a list of all such
subcontractors, suppliers, individuals, or entities proposed for those portions of the Work
for which such identification is required. Such list shall be accompanied by an experience
statement with pertinent information regarding similar projects and other evidence of
qualification for each such subcontractor, supplier, individual, or entity if requested by
Owner. If Owner or Engineer after due investigation has reasonable objection to any
proposed subcontractor, supplier, individual, or entity, Owner may before the Notice of
Award is given request apparent successful Bidder to submit a substitute in which case
apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid Price will be
increased (or decreased) by the difference in cost occasioned by such substitution and
Owner may consider such price adjustment in evaluating Bids and making the Contract
award.
12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the
Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers,
individuals, or entities. Declining to make requested substitutions will not constitute
grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier,
individual, or entity so listed and against which Owner or Engineer makes no written
objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner
and Engineer subject to revocation of such acceptance after the Effective Date of the
Agreement as provided in Paragraph 6.06 of the General Conditions.
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INSTRUCTIONS TO BIDDERS
12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity
against whom Contractor has reasonable objection.
ARTICLE 13 - PREPARATION OF BID
13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained
from Engineer.
13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the
Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the
Bid Form. A Bid Unit Price shall be indicated for each Bid Item listed therein.
13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-
president or other corporate officer accompanied by evidence of authority to sign. The
corporate seal shall be affixed and attested by the secretary or an assistant secretary. The
corporate address and state of incorporation shall be shown below the signature.
13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner
(whose title must appear under the signature), accompanied by evidence of authority to sign.
The official address of the partnership shall be shown below the signature.
13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member
and accompanied by evidence of authority to sign. The state of formation of the firm and
the official address of the firm shall be shown below the signature.
13.06 A Bid by an individual shall show the Bidder's name and official address.
13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on
the Bid Form. The official address of the 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.
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INSTRUCTIONS TO BIDDERS
ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS
14.01 Bid Unit Price
A. Bidders shall submit a Bid on a Bid Unit Price Basis for each Bid Item of Work
listed in the Bid Form.
B. The total of all estimated prices will be the sum of the products of the estimated
quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities
and Contract Price will be determined in accordance with Paragraph 11.03 of the
General Conditions.
C. Discrepancies between the multiplication of units of work and Bid Unit Prices will
be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated
sum of any column of figures and the conect sum thereof will be resolved in favor
of the conect sum. Discrepancies between words and figures will be resolved in
favor of the words.
D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be
the basis for determining the lowest Bidder.
14.02 The Bid Price shall include such amounts as the Bidder deems proper for overhead and
profit on account of cash allowances, if any, named in the Contract Documents as provided
in Paragraph 11.02 of the General Conditions.
ARTICLE 15 - SUBMITTAL OF BID
15.01 With each copy of the Bidding Documents, a Bidder is furnished 1 separate unbound copy
of the Bid FOlm, and, if required, the Bid Bond Form. The unbound copy of the Bid Form
is to be completed and submitted with the Bid Security.
15.02 A Bid shall be submitted no later than the date and time prescribed and at the place
indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope
plainly marked with the Project Title (and, if applicable, the designated portion of the
Project for which the Bid is submitted), the name and address of Bidder, and shall be
accompanied by the Bid Security and other required documents. If a Bid is sent by mail or
other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate
envelope plainly maIked on the outside with the notation "BID ENCLOSED." A mailed
Bid shall be addressed to Owner's office.
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INSTRUCTIONS TO BIDDERS
ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID
16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the
manner that a Bid must be executed and delivered to the place where Bids are to be
submitted prior to the date and time for the Opening of Bids.
16.02 Bids may be withdrawn after Bid Opening only in accordance with the law.
ARTICLE 17 - OPENING OF BIDS
17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and,
unless obviously non-responsive, read aloud publicly. A Bid Tabulation of the amounts of
the Base Bids and major Alternates, if any, will be made available to Bidders after the
Opening of Bids.
ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE
18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but
Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the
end of this period.
ARTICLE 19 EVALUATION OF BIDS AND AWARD OF CONTRACT
19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive,
responsible, qualified Bidder determined by the Total Base Bid.
19.02 Owner reserves the right to reject any or all Bids, including without limitation
nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves
the right to reject the Bid of any Bidder whom it finds after reasonable inquiry and
evaluation to not be responsible. Owner may also reject the Bid of any Bidder if Owner
believes that it would not be in the best interest of the Project to make an award to that
Bidder. Owner also reserves the right to waive all informalities not involving price, time, or
changes in the Work and to negotiate Contract terms with the successful Bidder.
19.03 More than 1 Bid for the same work from an individual or entity under the same or different
names will not be considered. Reasonable grounds for believing that any Bidder has an
interest in more than 1 Bid for the work may be cause for disqualification of that Bidder and
the rejection of all Bids in which that Bidder has an interest.
19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed
requirements and such Alternates, Bid Unit Prices, and other data as may be requested in the
Bid Form or prior to the Notice of Award.
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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 shown by clear and convincing evidence to be intentionally false and
made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge
a Contract award pursuant to law.
19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is
in the best interests of the Project.
ARTICLE 20 - CONTRACT SECURITY AND INSURANCE
20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions,
sets forth Owner's requirements as to Performance and Payment Bonds and Insurance.
When the successful Bidder delivers the executed Agreement to Owner, it shall be
accompanied by such bonds.
ARTICLE 21 - SIGNING OF AGREEMENT
21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by
the required number of unsigned counterparts of the Agreement with the other Contract
Documents which are identified in the Agreement as attached thereto. Within 15 days
thereafter, successful Bidder shall sign and deliver the required number of counterparts of
the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall
deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings
with appropriate identification.
END OF DOCUMENT
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INSTRUCTIONS TO BIDDERS
DOCUMENT 00300
INFORMATION 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.
END OF DOCUMENT
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lNFORi\1A TION A V AlLABLE TO BIDDERS
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DOCUMENT 00410
BID FORM
2007 SIDEWALK IMPROVEMENTS
CITY PROJECT NO. 832
PROJECT NO, 000034-07196-0
NEW HOPE, MINNESOTA
2007
THIS BID IS SUBMITTED TO:
City of New Hope
City Hall
401 Xylon Avenue North
New Hope, MN 55428-4898
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with 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.
Jo /t.J-e
I
Addendum Date
B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and
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.
000034071960BJDFORM.xls
00410-1
BID FORM
D.
E.
F.
G.
H.
I.
J.
K.
Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or
contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or
subsurface structures at, or contiguous to, the 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.
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
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.
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
Bidder is aware of the general nature of work to be performed by Owner and others at the Site that
relates to the Work as indicated in the Bidding Documents.
Bidder has correlated the information known to Bidder, information and observations obtained from
visits to the Site, reports and drawings identified in the Bidding Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.
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.
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.
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.
S. 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.
000034071960BIOFORM.x1s
00410-2
BID FORM
4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an
investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before
awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and
their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made
as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally
false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a
contract pursuant to law.
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
BASE BID: ~
MOBILIZATION LS $ .sz~O $ S-070
(J;f' .:."'~
J ;L.'J./ 000
2 REMOVE CONCRETE SIDEWALK SF 22000 $ $
I
t::" r.- "" "'"
3 REMOVE CONCRETE PAVEMENT SF 100 $ $ too
c;:::..
/ """"'-.. hS'X5
4 REMOVE PEDESTRIA1\! RAMP EA 39 $ 7S- s
'" .
""""0' ...c..-
5 EXCA VA TE AND INSTALL NEW SF 3500 $ I .J $ ,jr..). ~O
AGGREGATE BASE 75 ::'~" (;:-...----
6 ADJUST VALVE BOX EA 2 $ $ /3-0
or r.;t'r.::Y
7 ADJUSTING MANHOLE FRAME AND EA 2 $ }VcJ $ ;lop
RING CASTING "'" ~,c.
.,- 7- --
8 ADJUST CURB BOX EA $ '7-';; s ' .~
~~~
/50 -----
;1...9-- - C)
9 BITUMINOUS PATCHING TN 15 $ $ - - ::J ,/
(;p c> ,'"
57 .--
10 CONCRETE SIDEWALK SF 22000 $ cJ.- S ~Cr..;;
/~, 3'0 .....~
?'"
11 CONCRETEPAV&VffiNT SF 100 $ v S
C'/<>' Cj'7S-u ,:y
12 CONCRETE PEDESTRIAN CURB EA 39 $ ;)...::TO $
RA1\1P /07 /C'O .:~
TOTAL BASE BID $ I ./
000034071960BIDFORM.xJs
00410-3
BID FORM
6.01 Bidder agrees that the work will be Substantially Completed and completed and ready for Final Payment
in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of
calendar days indicated in the Agreement.
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to
complete the Work 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
7-- /2- -
,2007.
If Bidder Is:
An Individual
Name (typed or printed):
By:
(SEAL)
(Individual's signature)
Doing business as:
Business Street Address (No P.O. Box #'s):
t-'none NO.:
I-ax NO.:
000034071960BIDFORM.xls
0041 0-4
BID FORM
A Partnership
A Corporation
000034071960BIDFORM.xls
I-'armersnlp Name:
(SEAL)
l:Sy:
Name ttyped or primed):
(Signature of general partner)
Business Street Address (No P.O. Box #'s):
I-'none NO.:
t-ax NO.:
Corporation Name:
State of Incorporation:
R O,;J i.0}-$ S-r:J-
)
f!l VV'
-:'4-t?; 1 ."> ..L ~....-'\...I' rC
Co/V) I {"veJI (SEAL)
I ype tl:ienerall:SUSmeSs, I-'roresslonal, tiervlce, Limited L1aOlllty):
"y Mm
Name ttyped or printed):
I Jtle:
Attest
~
/ (Signature)
~OiV (6tsS4
~f7JL~~tVf
(CORPORATE SEAL)
(Signature of Corporate Secretary)
Business Street Address (No P.O. Box #'s):
I-'none NO.:
q IS- .;( 4' f
---
37/5
0041 0-5
t DOS-
;=- L/<0
t-ax NO.:
+{,;
c;{!::>u I 7 C
/J1IV !)-S-O 2.. 0
,- '.._j
'"'"j' ~ cr--
Lf-(, j
37/b
BID FORM
A Joint Venture
Joint Venture Name:
(SEAL)
tsy:
(Signature of joint venture partner)
Name (typed or primed):
IltIe:
tsusmess address:
t-'none NO.:
J-ax NO.:
Joint Venturer Name:
(SEAL)
tsy:
(Signature)
Name (typed or primed):
IltIe:
Business Street Address (No P.O. Box #'s):
t-'none NO.:
J-ax 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
0OO034071960BIDFORM.xls
00410-6
BID FORM
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Ron Kassa Construction, Inc.
6005-250th East, Elko, MN 55020
as Principal, hereinafter called the Principal, and Old ReDubl i c Surety Company
PO Box 1976, Des Moines, IA 50306
a corporation duly organized under the laws of the State of v.Jisconsin
as Surety, hereinafter
called the Surety, are held and firmly bound unto
Ner,.J Hope, tvlN
as Obligee, hereinafter called the Obligee, in the sum of
Dollars ($ 5% or Amount Bid ),
the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this __ 12
day of
2007
iBD-+fe q, r<M~
(Witn ss)
Ron Kassa c~n, Inc '_
~ . . (Prin,lp,1) ~. (S"')
! , f!~~~
I (Title)
Printed in cooperation with the American Institute of Architects (AlA)
The language in this document conforms exactly to the language used in AlA Document A31 0 - Bid Bond. February 1970 Edition.
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
STATE OF
COUNTY OF
} ss.:
On this day of , in the year _. before me
personally come(s)
- ,
to me known and known to me to be the person(s) who (is) (are) described in and who executed the foregoing instrument
and acknowledge{s) to me that_he_executed the same.
NOTARY PUBLIC
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
STATE OF
COUNTY OF
} sS.:
On this day of , in the year _, before me
personally come{s)
a member of the co-partnership of ,
to me known and known to me to be the person who is described in and who executed the foregoing instrument, and
acknowledges to me that he executed the same as and for the act and deed of the said co-partnership.
NOTARY PUBLIC
ACKNOWLEDGMENT OF PRINCIPAL (Corporation)
J2~~i
On this 1 i
fl. J
personally come{s) U IV
to me known, wh . bein m~ly sworn, depo es and says that he resiges in the 9!y of -t::.'-"C/ '
that he is the 'j) 'N of the ,~M MQ; /f- CJ;;A/.)~v c:l;G-:0-/ Z:-..-'LC..
the corporation scribed in and which executed the foregoing instrument; that he knows the seal of the said corporation;
that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors
of ,,;d co,po,,"on, 'nd tt", he ';9ned h', n'me 'he,,'o by like o'd", be' fie Q, ~~
NOT RY PUBLIC
STATE OF
COUNTY OF
ss. :
;ZOO 7
, in the year. ~ before me
STATE OF Minnesota
COUNTY OF Hennepin
} sS.:
eem: J KASSA
NOTARY FUeUC-lAINNesom
Jit~~1*1O
ACKNOWLEDGMENT OF SURETY
On this / Z- day of JUt.-y in the year ~.o )before me
personally come{s) John G. Hagberg .
Attorney{s)-in-Fact of Old Republic Surety Company with whom I am personally acquainted,
and who, being by me duly sworn, says that he reside{s) in Eden Prairie 1 MN
that he is (are) the Attorney{s).in-Fact of Old Republic Surety Company , the
company described in and which executed the within instrument; that he know{s) the corporate seal of such Company; and
that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors
of said Company, and t:::....::::~.....:~~=~nt as Attorney{s);in.FaJct he sai~ COmp~lbY like order. I.
~ NICOLE C. VACEK r . / ~.
; NOTARY PUBLIC - MINNESOTA NOTARY PUB L1C
F.9713 - 8/81 1 MY COMMISSION EXPIRES01/31/2011
,,'-~~.j.;;':i'-9'~"";~~:;-''i--,.,.;..-tI,&>-;;;>o..~.'='-.~k~~
111111
111111
'111I1IiJ!r***
1* *
1:*
1'*
Ili'Jlf*.. * * Insurance Company
, .11.. *
POWER OF ATIORNEY
KNOW ALL MEN BYTHESEPRESENTS: That OLD REPUBLIC INSURANCE COMPANY,aPennsy1vania stock insurance corporation,
does make, constitute and appoint:
JUDYL... JORIS SEN , JOHN G.HAGBERG, DAWN M . REICHEL/OF MINNEAPOLIS, MN
",' . ,', ',.
its true and laWful Attorney(s)-in-Fact, withJullpower and authority for and on behalf qf the company as surety, to execute and. deliver and
affix the seal qIthe company thereto (if as(3al is required), bonds, undertakings, recognizances or other written obligations in the nature
thereof, (other than self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement .contractbonds,
waste management bonds, hazardous waste rem:diationbollds or black lung bonds), as follows: ...... .... ......./
ALL WRITTEN INSTRUMENTS IN ANAMbUNT NOT TO EXCEEPAN AGGREGATE OF
TWO MILLION DpLLARS($2,OOO,OOO)-----u-------"...-.,---...------ FOR ANY SINGLE
OBLIGATION,' REGARDLESS OF THE NUMBER.OF INSTRUMENTS ISSUED FOR THE OBLIGATION.
':-::: ,',. ::>y" ";;' ::',:' . . ',"<:
. . aQdtdbir1g0LD REPYBLlC INSURANCE COMPANY thereby,andallqf the acts of said Attorneys-in-Fact, pursuant to these presents, are
rq.tifiEld and confirmed. ThiS; docum(3ntIs not valid unless printed on colored background and is multi-qolored, Ihis appointment is made
under and by authority of the boarci of directors at a special meeting held on May 29, 1986. This Power of Attorney is signed and sealed
bYJacsimile under and by the authqrity of the following resolutions adopted by the board of directors otthe OLD. REPUBLIC INSURANCE
COMPANY on May 29, 1986. . .
RESOLVED FURTHER, that the chairman, president or any vice-president of the Company's surety division, in conjunction with the
secretary or any assistant secretary of the Company, be and hereby are authorized and directed to execute and deliver, to such persons
as such officers of the Company may deem appropriate, Powers of Attorney in the form presented to and attached to the minutes of
this meeting, authorizing such persons to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances,
and suretyship obligations of all kinds, other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty
bonds, guarantees of installment paper and note guaranty bonds. The said officers may revoke any Power of Attorney previously grantea
to any such person. Theautl;1qrity of any Power of Attorney granted by any such officer of the Company as aforesaid shall not exceed
five million dollars ($5;000,000.00), except (a) bonds required to be filed as open penalty bonds, and.(b) bonds filed with any court or
governmental authority requiring an unlimited penalty in bonds filed in that court.
RESOL VEDFURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) ..whensigned by the chairman, president or anyvice president of theCompany.'s surety division and attested and sealed (if a seal
be required) by any secretary Or assistant secretary; or
(ii) when signed by a duly authorizedattorney-in-fact and sealed with thELsealof the Company (if a sealbe required).
RESOLVED FURTHER, that the signature of any officer designated above, and the seal of the Company, may be affixed byJacsimileto any
Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligations of the Company, and such signature<and seaLwhen so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC INSURANCE COMPANY has caused these presents to be signed by its proper officer, and its
corporate seal to be affixedthis 10TH day of OCTOBER 2005
~dJ~.......J. (~~~
i\SSisianttS1,cretar;
\\\\\\\1\11il!1Ii/IIIII/j
"~':~ ~.~~~~~gi,,/~/
!i"?~~OP.K>RAt;~~ ~
\~~.'~f~~/ll)
/'/r/III~~~;;~~>~~\\"'~
1I/IlIfltll1l\\\\
OLD REPUBLIC INSURANCE COMPANY
STATE OF WISCONSIN, COUNTYOF WAUKESHA - SS
On this 10TH day of OCTOBER , 2005 , personally came before me, JAMES E. LEE
and GERALDINE J. STELTER to me known to be the individuals and officers of the OLD REPUBLIC INSURANCE COMPANY who executed
the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say;
that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation,
and that said corporate seal. and their signatures as such officers were duly affixed and subscribed tome. said instrument by the authority
of the board of directors said organization.
vr~.;;:l~ .~
Vice President
CERTIFICATE MY commission expires: 01/18/2009
I, the undersigned, assistant secretary of the OLD REPUBLIC Ii'ISURANCE COMPANY, a Pennsylvania corporation, CERTIFY that the
foregoing and attached power of attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board
of directors set forth in the Power or Attorney, are now in force.
40 27
/~y-~L~:fa~
,\\\\\\~\t~~I~~~/~111111
i' ~~...,,>'t.~~..,~C':..'0
ff !/;;COfr!'O~47'i!i,\,~
..\~~\~f~/ltl
CAP'~.bli~~tf,,:rNS
t:/llrlllllll1;\
Signed and sealed
City
-----
day of J t.t.-L-y' , Z-oe; 7.
r (U~-<t~-/1
Assistan t Secretarl
ORSC 11 006-R (9/96)
DOCUMENT 00520
AGREEMENT FORM
THIS AGREEMENT is by and between the City of New Hope. Minnesota (hereinafter called Owner) and Ron
Kassa Construction. Inc. (hereinafter called Contractor).
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows: sidewalk and pedestrian ramp replacement.
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: 2007 Sidewalk Improvements Project for the City of New Hope, Minnesota,
City Project No. 832.
2.02 The Owner reserves the right to eliminate any portion of the project without making any adjustments to
the Bid Unit Prices. Project extents may be adjusted to fit budget constraints.
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by Bonestroo, 2335 Highway 36 West, 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 Dates for Substantial Completion and Final Payment
A. The Work will be Substantially Completed on or before October 5,2007 and completed and
ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before
November 9,2007.
000034-07196-0
@ 2007 Bonestroo
00520-1
AGREEMENT FORM
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner
will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus
any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also
recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual
loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such
proof, Owner and Contractor agree that as Liquidated Damages for delay (but not as a penalty), Contractor
shall pay Owner $100 for each day that expires after the time specified in Paragraph 4.02 for Milestones and
Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor
shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension
thereof granted by Owner, Contractor shall pay Owner $100 for each day that expires after the time specified in
Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final
Payment.
ARTICLE 5 - CONTRACT PRICE
5.01 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 Nine Thousand One Hundred Sixty Dollars and
Zero Cents ($109,160.00) for the Total Base Bid.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.
6.02 Progress Paynzents; 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.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in
Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of
units completed) or, in the event there is no Schedule of 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 detennine or Owner may withhold, including but not limited to liquidated
damages, in accordance with Paragraph 14.02 of the General Conditions:
a. 95 percent of Work completed (with the balance being retainage).
b. 95 percent of cost of materials and equipment not incorporated in the Work (with the
balance being retainage).
000034-07196-0
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00520-2
AGREEMENT FORM
2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments
to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in
accordance with Paragraph 14.02.B5 of the General Conditions and less 100 percent of Engineer's
estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be
completed or corrected attached to the certificate of Substantial Completion.
6.03 Final Payment
A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 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
7.0 I All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest
at the maximum rate allowed by law at the place of the Project.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents and the other related
data identified in the Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and perrormance 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 perrormance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurrace
conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surrace
or subsurrace structures at or contiguous to the 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 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 (surrace, subsurrace, and Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or perrormance of the Work, or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Contractor, including applying the specific
means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the
Contract Documents to be employed by Contractor and safety precautions and programs incident thereto.
F. Contractor does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the perrormance of the Work at the Contract Price, within the Contract Times,
and in accordance with the other terms and conditions of the Contract Documents.
000034-07196-0
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00520-3
AGREEMENT FORM
G. Contractor is aware of the general nature of Work to be performed by Owner and others at the
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 Site, reports and drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
1. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by
Engineer is acceptable to Contractor.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement.
2. Performance Bond, Payment Bond, and other Bonds.
3. General Conditions.
4. Supplementary Conditions.
5. Specifications.
6. Drawings bearing the following general title: 2007 Sidewalk Improvements.
7. Addendum (None).
8. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid Form.
b. Documentation submitted by Contractor prior to Notice of Award.
9. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Order(s).
000034-07196-0
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00520-4
AGREEMENT FORM
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.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and the
Supplementary Conditions.
lO.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding
on another party hereto without the written consent of the party sought to be bound; and, specifically but
without limitation, moneys that may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to
all covenants, agreements, and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding
upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing
the intention of the stricken provision.
000034-07196-0
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00520-5
AGREEMENT FORM
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One 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 ~.LL; 023 ,2007 (which is the Effective Date of the Agreement).
Owner:
Attest
e. Minnesota
~~~(
"-fJ - ~ ~)
MLL,U!/4/iJiL-
Address for giving notices:
CITY OF NEW HOPE
4401 XYLON AVE NO.
ILa
Designated Representative:
Title:
Name:
Address:
I\JEVV HnPF, .MN 554?8
Phone: If:; '3 53/ 5/ dO
Facsimile: 7 b3 JJ I S 13~
Contractor:
By:
. / li ./} /,/
Attest ;U7/ei_j ,~<.?/Y?cL
Address for giving notices: _ -H;__
60-05- 02-50 c
a-f.. 0 /11"/ S-5-c'Lc
License No.
(Where applicable)
Designated Representati ve:
to~ (!-sSd
f~~
~---
Address: toe3 r:2S-o> c
,t:;:LlZt> ty) r-/ 53 c:7'2-e>
Name:
Title:
Phone:
CJ 5'2.
9)~
1f'137()
4-, ( '5 7('
Facsimile:
END OF DOCUMENT
000034-07196-0
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00520-6
AGREEMENT FORM
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract (No. C-700, 2002 Edition) and other provisions of the Contract
Documents as indicated below. All provisions which are not so amended or supplemented
remain in full force and effect.
The terms used in these Supplementary Conditions have the meanings stated in the General
Conditions. Additional terms used in these Supplementary Conditions have the meanings stated
below, which are applicable to both the singular and plural thereof.
ARTICLE 1 DEFINITIONS A.ND TERMINOLOGY
SC-1.02
Add the following new paragraph immediately after Paragraph 1.02.F:
G. The Specifications are written in imperative mood and streamlined form. This
imperative language is directed to the Contractor, unless specifically noted otherwise. The words
"shall be" are included by inference where a colon (:) is used within sentences or phrases.
ARTICLE 2 - PRELIMINARY MATTERS
SC 2.02.A Amend the first sentence of Paragraph 2.02.A by striking out the word "ten" and
inserting the word "five."
ARTICLE 4 A V AILABILITY OF LANDS: SUBSURFACE AND PHYSICAL
CONDITIONS, REFERENCE POINTS
SC-4.02
Delete 4.02.A and 4.02.B in their entirety and insert the following:
A. No reports of explorations or tests of subsurface conditions at or contiguous to the
Site are known to the Owner or Engineer.
ARTICLE 5 - BONDS AND INSURANCE
SC-S.Ol
Add the following new paragraph immediately after Paragraph S.01.C:
D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC
Form C-61O and C-6lS (2002 Edition) or a similar bond form if approved by Owner.
000034-07196-0
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00800-1
SUPPLEMENTARY CONDITIONS
SC-5.03.B
Delete Paragraph 5.03.B in its entirety and insert the following:
B. Failure of Owner to demand such certificates or other evidence of full compliance
with these insurance requirements or failure of Owner to identify a deficiency from evidence
provided shall not be construed as a waiver of Contractor's obligation to maintain such
msurance.
C. By requmng such insurance and insurance limits herein, Owner does not
represent that coverage and limits will necessarily be adequate to protect Contractor and such
coverage and limits shall not be deemed as a limitation on Contractor's liability under the
indemnities granted to Owner in the Contract Documents.
SC-5.04
Add the following new paragraph immediately after Paragraph 5.04.B:
C. The limits of liability for the insurance required by Paragraph 5.04 of the General
Conditions shall provide coverage for not less than the following amounts or greater where
required by Laws and Regulations:
1. Worker's Compensation Insurance
Coverage A - Statutory
Coverage B - $500,000
$500,000
$500,000
Each Accident
Disease - Policy Limit
Disease - Each Employee
2. Commercial General Liability
$1,000,000 General Aggregate
$1,000,000 Products/Completed Operations Aggregate
$1,000,000 Each Occurrence
$1,000,000 Personal Injury
3. Comprehensive Automobile Liability
$1,000,000 Combined Single Limit - Bodily injury and property
damage. All owned, non-owned, and hired
vehicles.
4. Umbrella Excess Liability
$1,000,000
$1,000,000
Each Occurrence
Aggregate
Umbrella excess liability shall be a combined single limit which shall provide
excess liability insurance over Commercial General Liability, Comprehensive
Automobile Liability, and Employers Liability.
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SUPPLEMENTARY CONl)1T10NS
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 Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1
through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and
the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others
suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply
WW1 the exception that Contractor shall act as fiduciary for the insureds as their interest may
appear and adjust the loss with the insurance company.
SC-5.06.A
Add the following new item immediately after Item 5.06.A7:
8. The Builder's Risk Insurance required herein shall apply to projects involving
construction of structures and buildings only. The requirements of this Section shall be waived
on projects involving only underground utilities, grading, street improvements, and similar
construction work but any damage or loss to property shall be at the sole responsibility of
Contractor until final acceptance of the Work.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITJES
SC-6.06
Add the following neVi paragraph immediately after Paragraph 6.06.G:
H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay
subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of
payment for undisputed services provided by the subcontractor, supplier, or other entity.
Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the
subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor,
supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance
of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the
actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or
other entity who prevails in a civil action to collect interest penalties from a Contractor must be
awarded its costs and disbursements, including attorney's fees included in bringing the action.
SC-6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the
Supplementary Conditions" with the words "Division I - General Requirements."
SC-6.l9.A Delete the words "representation of' in the second sentence.
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SUPPLEMENTARY CONDITlONS
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
SC-1O.05.B Amend the first sentence of Paragraph 10.05.B by replacing the words "30 days"
with the words "10 days." Amend the .third sentence of Paragraph 1O.05.B by replacing the
words "60 days" with the words "30 days."
ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
SC-13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one
year" and inserting the word "two years."
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
SC-14.02.B5 Add the following new item immediately after Item l4.02.B5d:
e. Contractor's failure to make acceptable submittals in accordance with the
accepted schedules.
ARTICLE 16 - DISPUTE RESOLUTION
SC-16.01
Delete Paragraph l6.01.C in its entirety and insert the following in its place:
C. If the claim is not resolved by mediation, Engineer's action under Paragraph
10.05.C or a denial pursuant to Paragraphs 1O.05.C3 or 1O.05.D shall become final and binding
30 days after termination of the mediation, unless within that time period Owner or Contractor:
1. elects in writing to demand arbitration of the claim, pursuant to
Paragraph SC-16.02, or
2. agrees with the other party to submit the claim to another dispute
resolution process.
SC-16.02
Add the following new paragraph immediately after Paragraph 16.01:
SC-16.02
Arbitration
A. All claims or counterclaims, disputes, or other matters in question between Owner
and Contractor arising out of or relating to the Contract Documents or the breach thereof (except
for claims which have been waived by the making or acceptance of Final Payment as provided
by Paragraph 14.09), including but not limited to those not resolved under the provisions of
Paragraphs SC-16.01.A and 16.01.B, but not including any claim in excess of $100,000, will be
decided by arbitration in accordance with the Construction Industry Dispute Resolutions
Procedures of the American Arbitration Association then in effect, subject to the conditions and
limitations of this Paragraph SC-16.02. This agreement to arbitrate and any other agreement or
consent to arbitrate entered into will be specifically enforceable under the prevailing law of any
court having jurisdiction.
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SUPPLEMENTARY CON"DITIONS
B. The demand for arbitration will be filed in writing with the other party to the
Contract and with the selected arbitrator or arbitration provider and a copy will be sent to
Engineer for information. The demand for arbitration will be made within the 30 day period
specified in Paragraph SC-16.01.C, and in all other cases within a reasonable time after the claim
or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such
demand be made after the date when institution of legal or equitable proceedings based on such
claim or other dispute or matter in question would be barred by the applicable statue of
limitations.
C. No arbitration arising out of or relating to the Contract Documents shall include
by consolidation, joinder, or in any other manner any other individual or entity (including
Engineer and Engineer's consultants and the officers, directors, partners, agents, employees, or
consultants of any of them) who is not a party to this Contract, unless:
1. in inclusions of such other individual or entity is necessary if complete
relief is to be afforded among those who are already parties to the
arbitration; and
2. such other individual or entity is substantially involved in a question of
law or fact which is common to those who are already parties to the
arbitration and which will arise in such proceedings.
D. The award rendered by the arbitrator(s) shall be consistent with the agreement of
the parties in writing and include: (i) a concise breakdown of the award; (ii) a written
explanation of the award specifically citing the Contract Documents provisions deemed
applicable and relied on in making the award.
E. The award will be final. Judgment may be entered upon it in any court having
jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of
the Controlling Law relating to vacating or modifying an arbitral award.
F. The fees and expenses of the arbitrators and any arbitration service shall be shared
equally by Owner and Contractor.
END OF DOCUMENT
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SUPPLEMENTARY CONDITIONS
SECTION 01100
SUMMARY
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Basic description of the Project and Work restrictions.
1.02 SUMMARY OF WORK
A. Project Name: 2007 Sidewalk Improvements for the City of New Hope,
Minnesota, City Project No. 832.
B. Description of Work: Removal and installation of new sidewalk and pedestrian
ramps.
1.03 COMPLETION DATES
A. Substantial Completion: Set forth in the Agreement.
B. Final Completion: Set forth in the Agreement.
1.04 LIQUIDATED DAMAGES
A. Provisions for liquidated damages, if any, are set forth in the Agreement.
1.05 WORK RESTRlCTIONS
A. Use of Site:
1. Location of construction facilities, staging areas, product stockpiles,
material storage, and temporary construction shall be discussed with
Engineer and be removed upon completion of Work.
2. Contractor responsible for snow removal and disposal from the Owner's
property if necessary to maintain access and working space during
construction.
3. Keep existing driveways and entrances clear and available to the public
and to the Owner.
4. If additional space is needed, obtain and pay for such space off Site.
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SUMMARY
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
3.01 MEASUREMENT AND PAYMENT
A. All Work and costs of this Section shall be incidental to the Project and included
in the TOTAL BASE BID.
END OF SECTION
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SUMMARY
SECTION 01310
PROJECT MANAGEMENT AND COORDINATION
PART 1 GENERAL
1.01 SECTION INCLUDES
A. General requirements for overall Project coordination.
1.02 UTILITIES
A. Notify Gopher State One Call before starting construction in a given area requesting
utility locates in the Site.
B. Project Utility Sources: Coordinate Work with the following utility owners. The
following utilities are known to be on the 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.
5. Gas: CenterPoint Energy.
6. Telephone: Qwest.
7. Cable TV: Comcast.
C. Owner requires 48 hour notice for all utility intemlptions.
1.03 PERMITS
A. Comply with the stipulations of the following permits, which have been applied for
and will be furnished by the Owner:
1. Hennepin County Work within Right-of-Way permit.
B. Apply for, obtain, and comply with other permits, licenses, and approvals which may
be required for the Project.
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PROJECT MANAGEMENT fu~D
COORDINATION
3.07 TEMPORARY BARRIERS AND ENCLOSURES
A. Temporary Barriers:
1. Provide temporary covers, enclosures, markers, and barriers as necessary to
protect Work.
2. Damage to the 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 Site repairing.
B. Temporary Fence:
1. Install as directed by Engineer.
2. Maintain and repair fence throughout the duration of the Project.
3.08 MEASUREMENT AND PAYMENT
A. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This
will be considered payment in full for all work and costs of this Bid Item. The
amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid:
1. Partial payment of the Lump Sum Bid Item "Mobilization" will be made
using a percentage based on the following:
Cumulative Percent of
Mobilization Item Paid
First Partial Payment
Percent of original contract amount earned - 25
Percent of original contract amount earned - 50
Percent of original contract amount earned - 100
50
70
90
100
B. No Bid Item has been provided for traffic control. Costs associated with supplying,
maintaining, and removing traffic control devices shall be included in the Total Base
Bid.
C. All other Work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
END OF SECTION
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TEMPORARY FACILITIES
At"<1) CONTROLS
SECTION 02225
REMOVALS
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Complete or partial removal and disposal or salvage of at grade, above grade, and
below grade structures and miscellaneous items.
1.02 RELATED SECTIONS
A. Section 02315 - Excavation and Fill.
1.03 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for Construction,"
2005 Edition (MnDOT Spec.):
1. 2104 - Removing Pavement and Miscellaneous Structures.
1.04 DEFINITIONS
A. Remove: To take away or eliminate from the Site by any method selected by the
Contractor, including disposal of material.
B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item
can be re-assembled, replaced, or reused in a workable condition equal to that
existing before removal.
1.05 REGULATORY REQUIREMENTS
A. Conform to MnDOT Spec. 2104.3C, with the following modifications:
1. Dispose of all materials designated for removal outside the Site at locations
selected by Contractor.
2. Stockpile or temporarily store materials designated for salvage at locations
provided by Contractor.
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REMOVAlS
1.06 SCHEDULING
A. Prior to starting Work, submit for review by the Engineer and approval by the Owner,
a schedule showing the commencement, order, and completion dates 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 without damage to adjacent retained work. Where such work
is damaged, the Contractor shall patch, repair, or otherwise restore same to its
original condition at no expense to the Owner.
C. Remove debris from the work area as often as necessary, but not less than at least
once at the end of each workday. Debris shall be placed in approved containers to
prevent the spread of dust and dirt.
D. Execute the Work in a careful and orderly manner with the least possible disturbance
to the public and occupants of buildings.
E. Fill holes resulting from removals consistent with Section 02315.
3.02 EXAMINATION
A. Meet with owners of signs to determine requirements for salvage, storage, and
replacement.
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REMOVALS
B. Engineer to inspect existing aggregate base upon completion of concrete removals. If
determined aggregate base corrections are necessary, complete excavation of existing
and placement of new base materials in accordance with Section 02315 and Section
02720.
3.03 PROTECTION
A. Take all necessary precautions to adequately protect personnel and public and private
property in the areas of Work.
B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc.
which may interfere with construction shall be removed, stored safely, and replaced.
C. Approved barriers or warning signs shall be provided as necessary.
D. Provide and maintain temporary protection of existing structures designated to
remain where removal work is being done, materials handled, or equipment moved.
E. 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. A void disturbance to any material beyond the limits required for new construction.
3.04 SAWING PAVEMENT
A. Concrete Pavement: Saw along the removal line to a depth of 1/3 of the thickness of
the concrete prior to breaking off the pavement.
3.05 REMOVE CONCRETE PAVEMENT
A. Remove in accordance with MnDOT Spec. 2104.3B, 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.
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REMOVALS
3.06 REMOVE CONCRETE SURFACING
A. Work includes sidewalks and pedestrian ramps.
B. Sawcut concrete surfacing prior to removal.
C. Remove concrete in such a manner that the remaining surfacing is not damaged.
D. When removing existing sidewalks, the Contractor shall not disturb any material
beyond the limits required for new construction (assumed as 6 inches maximum
beyond and 8 inches maximum below existing grade).
3.07 REMOVE BITUMINOUS SURFACING
A. \Vork includes bituminous boulevards and driveways.
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. When removing existing bituminous boulevards 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).
3.08 SALVAGE AND REINSTALL
A. Signs:
1. In no case shall a traffic sign or street sign be removed or disturbed by
Contractor without prior notification being given to Engineer and then only
after satisfactory arrangements have been made for a temporary installation or
its disposition:
a. Street identification signage shall be maintained at all times due to its
importance to the 911 Emergency Response System.
2. Remove and salvage all posts, A-frame angle brackets, stringers, as well as
the nuts, bolts, and washers.
3. Exercise reasonable care against damage to in-place signs during storage and
installation.
4. Remove signs damaged during construction and replace with new signs.
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REMOVALS
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.
3. Removal, temporary re-installation, and replacement shall occur such that
mail delivery is not interrupted.
4. Reinstall in locations as shown by Engineer.
5. Mailboxes, posts, and appurtenances damaged during construction shall be
replaced with new at no charge to Owner.
C. Fences:
1. Salvage and store fence and post material where they are in conflict with the
Work.
2. After completion of Work, reinstall fence to the condition existing prior to
removal.
3. Install temporary snow fence or similar barrier at the end of the working day
while the permanent fence is removed.
3.09 FIELD QUALITY CONTROL
A. Salvaged items to be reinstalled shall be ofthe same shape, dimension, location, and
quality of the original item prior to construction.
B. Items damaged during removal or salvaging operations shall be replaced with new
material of equal type and quality of the damaged item when it was new.
3.10 DISPOSING OF MATERIAL
A. Dispose of all materials outside of the Site at disposal location selected by Contractor
in compliance with state and local regulations. Burying of material and debris is not
allowed within the Site.
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REMOVALS
3.11 MEASUREMENT AND PAYMENT
A. Bid Items have been provided for removal items. Payment at the Bid Unit Price will
be considered compensation in full for all work necessary to complete the Bid Item in
full, including removal, salvage, storage, disposal, and reinstallation.
B. Measurement will be based upon the units as listed below for items removed,
abandoned, or salvaged complete as specified. No measurement will be made of any
removals that are not required. The actual quantity removed multiplied by the
appropriate Bid Unit Price will be compensation in full for all work and costs ofthe
following Bid Items:
1. Sawing Concrete Pavement: Incidental to removal of concrete surfacing or
pavement.
2. Sawing Bituminous Pavement: Incidental to bituminous patching.
3. Remove Bituminous Pavement: Incidental to bituminous patching.
4. Remove Concrete Pavement: Per square foot without regard to thickness.
This Bid Item pertains to the sidewalk replacement in front of the Fire Station
that lies within the existing driveway area.
5. Remove Concrete Sidewalk: Per square foot without regard to thickness.
6. Remove Pedestrian Ramp: Per each without regard to thickness or size.
7. Salvage and reinstall signs and mailboxes will be incidental.
C. All other Work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
END OF SECTION
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REMOVALS
SECTION 02280
ADJUST MISCELLANEOUS STRUCTURES
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Adjustment of utility structures.
1.02 REFERENCES
A. American Society of Testing and Materials (ASTM):
1. C6 - Specification for Normal Finishing Hydrating Lime (Mortar).
2. C141 - Specification for Hydraulic Hydrated Lime for Structural Purposes
(Mortar).
3. C150 - Specification for Portland Cement (Concrete RingslMortar).
1.03 DEFINITIONS
A. Adjust Frame and Ring Casting: A change in rim elevation accomplished for
manholes or catch basins through the addition or removal of adjustment rings only.
Adjustment does not include the addition or removal of sections from the structure.
B. 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 or removal of sections from the valve box.
1.04 SEQUENCING AND SCHEDULING
A. Contractor, Engineer, and Owner shall inspect all existing structures prior to
beginning construction.
B. Owner will remove any foreign material found in the existing structures prior to
construction. Contractor is responsible for removing any foreign material that enters
the structures during construction.
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ADJUST M1SCELLA.NEOUS STRUCTURES
PART 2 PRODUCTS
2.01 ADJUSTING RING
A. Concrete:
1. Size to match cone or opening in top slab.
2. Concrete Compressive Strength: Minimum 3000 psi.
3. Reinforcing: Single hoop 8 gauge steel wire.
4. Thickness: Minimum 2 inches, maximum 4 inches.
2.02 ADHESION MATERIALS
A. 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.
PART 3 EXECUTION
3.01 GENERAL
A. The necessary vertical alignment will be determined by the Engineer and generally as
indicated on the schedule of adjustments.
B. Where existing frame is within 0.10 feet of grade, no adjustment is to be made.
C. The frame shall be raised or lowered to match the new sidewalk.
D. Protect existing structures from damage.
E. Prevent sand, concrete, or any other debris from entering the structures.
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ADJUST MISCELLAi"IEOUS STRUCTURES
3.02 PREPARATION
A. Call utility owners to field mark their utility locations.
B. Contractor to verify exact location of existing utilities.
3.03 ADJUST FRAME AND RING CASTJNG
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; between
surface of top slab or cone and bottom ring; between surface of top ring and
casting; on entire surface of area of ring with no gaps:
a. Mortar Thickness: 1/4 to 1/2 inch.
2. No shims of any material allowed.
3. Required cross slope of casting to be achieved by varying thickness of mortar.
4. Wipe clean all excess mortar from the joints inside all rings and frame.
5. Remove all mortar spills from the structure.
3.04 ADJUST VALVE BOX
A. Adjust box by screwing top section up or down.
B. Prevent sand, chunks of concrete, or any other debris from entering the valve box:
C. Install approved sections as needed.
3.05 FIELD QUALITY CONTROL
A. Adjust Manholes and Catch Basin Frames 1/8 inch below grade prior to placing the
concrete. Where existing frame is within 0.10 feet of grade, no adjustment is to be
made. In such cases the walk shall be either lowered or raised, as the case may be, to
put the walk and frame at the same grade.
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ADJUST M1SCELLA.NEOUS STRUCTURES
B. Adjust 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.
C. Adjust frame downward by removing the necessary number of adjustment rings from
the structure and resetting the frame in a full mortar bed to grade.
D. 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.
E. Adjust valve boxes to 1/8 inch below grade prior to placing the concrete.
3.06 MEASUREMENT AND PAYMENT
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 work
required to furnish and install the Bid Item in place.
B. Adjusting Manhole Frame and Ring Casting: A Bid Item has been provided for
Adjusting Frame and Ring Casting. Measurement will be by each. Payment will be
made only if adjustment is required and completed in accordance with the
specifications.
C. Adjust Valve Box: A Bid Item has been provided for Adjust Valve Box.
Measurement will be by each valve box adjusted. Payment will be made only if
adjustment is required and completed in accordance with the specifications.
D. Adjust Curb Box: Incidental to the placement of the new sidewalk.
E. All other Work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
END OF SECTION
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ADJUST MISCELLANEOUS STRUCTURES
SECTION 02315
EXCAVATION AND FILL
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Excavation and fill for roadways, foundations, channels, ponds, and other areas.
1.02 RELATED SECTIONS
A. Section 02225 - Removals.
B. Section 02318 - Subgrade Preparation.
1.03 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for
Construction," 2005 Edition (MnDOT Spec.):
1. 2105 - Excavation and Embankment.
1.04 DEFINITIONS
A. The definitions of the different classifications of excavation and borrow material
shall conform to MnDOT Spec. 2105.2, or as modified herein:
1. Grading Grade: Bottom of the aggregate base.
2. Common Excavation: Shall be classified as all excavation above the
grading grade.
3. Subgrade Excavation: Excavation below the grading grade.
1.05 SEQUENCING AND SCHEDULING
A. Complete finish grading of turf areas within 5 calendar days after backfill.
PART 2 PRODUCTS
Not Used.
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EXCA V A T10N AND FILL
PART 3 EXECUTION
3.01 GENERAL
A. Conform to MnDOT Spec. 2105.3A, or modified herein:
1. Establish traffic control prior to excavations.
2. Perform removals consistent with Section 02225.
3.02 EXCA V ATION 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.
3.03 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 0.10 feet above or below the prescribed
elevation at any point where a measurement is made.
2. Grading of the soils beneath the proposed topsoil shall be reviewed and
approved by the Engineer prior to the start of the topsoil placement.
3.04 MEASUREMENT AND PAYMENT
A. A Bid Item has been provided for Excavate and Install New Aggregate Base.
Measurement will be per square foot of sidewalk removed and replaced at
location of aggregate base replacement. Payment will be considered compensation
in full for removal and disposal of 6-inches of existing base material and 6-inches
of new installed in accordance with Section 02720. Additional material excavated
beyond the extents of the concrete will be incidental to the Bid Item. No
additional measurement will be made for work completed beyond the extents of
the concrete surface.
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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EXCA V AnoN AND FILL
SECTION 02318
SUBGRADE 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," 2005 Edition (MnDOT Spec.):
1. 2105 - Excavation and Embankment.
2. 2112 - Subgrade Preparation.
Ii
1.04 SEQUENCING AND SCHEDULING
A. Subgrade preparation shall be performed on the existing gravel base prior to
placement of concrete.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
3.01 GENERAL
A. Subgrade preparations shall be performed to produce the required density, grade,
and cross-section.
B. Aggregate base to be approved by Engineer prior to placement of new concrete.
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SD13GRADE PREP ARA nON
3.02 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 sub grade at the
location and testing rates designated by the Engineer. Nuclear density
testing shall be considered an approved method.
3.03 FINISH OPERATIONS
A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3G, or as modified
below:
1. Not vary by more than 0.05 feet above or below the prescribed elevation at
any 1 point where a measurement is made.
3.04 MEASUREMENT AND PAYMENT
A. No Bid Item has been provided for subgrade preparation. Subgrade preparation
and all related work shall be considered incidental to the Project with no direct
compensation made therefor.
B. Payment at the Bid Unit Price shall include all costs related to performing the
work in accordance with these Specifications, including shaping, grading,
compacting, and tolerancing.
C. All other Work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
END OF SECTION
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SUB GRADE PREP ARA T10N
SECTION 02720
AGGREGATE BASE COURSE
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Requirements for aggregate base course on a prepared subgrade.
1.02 RELATED SECTIONS
A. Section 02318 - Subgrade Preparation.
1.03 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for Construction,"
2005 Edition (MnDOT Spec.):
1. 2211 - Aggregate Base.
2. 3138 - Aggregate for Surface and Base Courses.
1.04 SUBMITTAL
A. Submit gradation report on sample of aggregate base to be used.
1.05 SEQUENCING AND SCHEDULING
A. Construct aggregate base only after all of the following have been completed:
1. Sub grade has been corrected for instability problems and approved by the
Engineer.
2. Subgrade has been checked for conformance to line and grade tolerances
(stringline) .
PART 2 PRODUCTS
2.01 MATERIALS
A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate.
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PART 3 EXECUTION
3.01 PREPARATION
A. Prepare the subgrade in accordance with Section 02318.
B. Subgrade to be completed and approved by the Engineer prior to installation of
aggregate base.
3.02 CONSTRUCTION REQUlREMENTS
A. Conform to MnDOT Spec. 2211.3:
1. Compact by mechanical means to 100 Percent Standard Proctor Density.
2. Install aggregate base in accordance with details on Drawings.
3.03 FIELD QUALITY CONTROL
A. The Owner may have an independent testing laboratory sample the aggregate base
materials, determine the moisture/density relationships and gradation, and perform
field moisture/density tests at locations determined by Engineer.
B. Line and Grade Tolerance: The final aggregate base surface will be checked for
conformance to specified tolerances by the "stringline" method prior to approval to
pave the surface. Grade shall be :t 0.03 feet of grade.
3.04 PROTECTION
A. Protect aggregate base until it is covered by surface pavement.
B. Keep aggregate base free of ruts and irregularities until covered by concrete surface.
C. Place water on aggregate base for dust control as required to eliminate nuisance
conditions for adjacent properties.
3.05 MEASUREMENT AND PAYMENT
A. Payment for Aggregate Base will be made under the Excavate and Install New
Aggregate Base. See Section 02315 for Bid Item measurement and payment details.
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
SECTION 02741
PLANT MIXED ASPHALT PAVEMENT
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Hot plant mixed asphalt-aggregate mixtures for patching.
B. Bituminous tack coat.
1.02 RELATED SECTIONS
A. Section 02720 - Aggregate Base Course.
1.03 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for
Construction," 2005 Edition (MnDOT Spec.):
1. 2357 - Bituminous Tack Coat.
2. 2360 - Plant Mixed Asphalt Pavement (Combined 2360/2350
(Gyratory/Marshall Design) Specification) as modified by Bonestroo. A
copy of this Specification is available by calling Bonestroo at (651) 636-
4600 or at: http://www.bonestroo.comJpdflBonestrooModifiedMnDOT
23602350Combined2007. pdf.
1.04 SUBMITTALS
A. Submit mixture design report to the Engineer. Conform to MnDOT Spec.
2360.3E and 2360.4F, and Division 1.
B. Submit mix design report for all projects, regardless of the size of the project.
C. Submit Q/C results in accordance with MnDOT Spec. 2360AF.
1.05 SEQUENCING AND SCHEDULING
A. Aggregate base to be approved by Engineer prior to placement of bituminous mix.
B. Inspection will be coordinated with other inspections at the Site.
C. Patching to be limited to driveways and bituminous boulevards disturbed during
construction of the new sidewalk and/or pedestrian ramps.
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PART 2 PRODUCTS
2.01 MATERIALS
A. Mixture Designation: Conform to MnDOT 2360.1, except as modified:
1. Driveways and Patching - L VWE45030B.
B. Conform to MnDOT Section 2360.2, except as modified herein:
1. Scrap Asphalt Shingles (2360.2A2h) are not allowed.
2. Sewage Sludge Ash (SSA) (2360.2A2j) will not be allowed.
C. Bituminous Tack Coat:
1. Bituminous Material: Conform to MnDOT Spec. 2357:
a. Emulsified Asphalt, Cationic, CSS-l or CSS-2.
D. Asphalt Binder Material: Conform to MnDOT Spec. 2360.2G and as identified in
the Mix Designation.
E. Mixture Design: Conform to MnDOT Spec. 2360.3.
F. Mixture Quality Management (Quality Control/Quality Assurance): Conform to
MnDOT Spec. 2360.4, except as modified herein:
1. Quality Control Testing: The Contractor will be allowed to provide
historical testing data from the previous 3 days of production for each
mixture type to meet the Production Sampling and Testing Rates indicated
in Table 2360.4-E for Course Aggregate Angularity and Fine Aggregate
Angularity. The Contractor will be allowed to provide historical testing
data from the previous 10 days of contractor production for each mixture
type to meet the Production Sampling and Testing Rates indicated in
Table 2360.4-E for TSR, Aggregate Specific Gravity, and Asphalt Binder
Content.
2. Quality Assurance testing will be completed at the discretion of the
Engineer. Testing rates will not exceed Table 2360.4-D and 2360.4-E.
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PART 3 EXECUTION
3.01 GENERAL
A Conform to the requirements of MnDOT Spec 2360.5, except as modified herein.
B. The bituminous patch shall match the thickness of the existing bituminous. Lifts
shall not exceed 2 inches.
C. Joints: Where new construction meets existing bituminous surfacing, the existing
surface shall be uniformly milled or saw-cut straight and bituminous tack coat
applied prior to placement of each bituminous course (lift).
3.02 RESTRICTIONS
A. Conform to MnDOT Section 2360.5B, except as modified herein:
1. All surfaces checked and approved by the Engineer prior to paving.
2. Existing bituminous surfaces must be dry prior and during placement of
any bituminous pavements.
3. Wearing course shall not be placed when the air temperature in the shade
and away from artificial heat, is 50 degrees F or less, unless otherwise
approved by the Engineer.
3.03 EQUJPMENT
A. Conform to MnDOT Section 2360.5C.
3.04 TREATMENT OF SURFACE
A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified
herein.
B. Restrictions:
1. The area for tack coat application shall be limited as directed by Engineer.
C. Equipment:
1. Conform to MnDOT Spec. 2321.3C1.
D. Road Surface Preparation:
1. Conform to MnDOT Spec. 2357.3C.
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E. Application:
1. Along the front edge of the concrete sidewalk and existing bituminous
surface, prior to placement of bituminous.
3.05 PAVEMENTDENSITY
A. Conform to MnDOT Section 2360.6, except as modified herein:
1. Patching shall conform to Section 2360.6C - Ordinary Compaction
Method.
3.06 SURFACE SMOOTHNESS REQUIREMENTS
A. Conform to MnDOT Section 2360.7.
3.07 MEASUREMENT AND PAYMENT
A. Method of measurement and payment shall conform to MnDOT Section 2360.8,
except as modified herein.
B. No Bid Item has been provided for bituminous material for tack coat. Furnishing
and application of tack coat is incidental to the Bituminous Patching.
C. A Bid Item has been provided for Bituminous Patching. Patching material is to be
used for repair/replacement of disturbed bituminous areas adjacent to concrete
work. Reasonable care to be taken during removal and pouring of new concrete.
Damage to bituminous surfaces caused by negligence will be repaired at the
Contractor's expense:
1. Measured by the weight in tons of material placed and accepted for each
specified Bid Item as stated in the Bid Form. Payment shall be made in
accordance with the acceptance and payment schedules provided in the
MnDOT Combined 2360/2350 (GyratorylMarshall Design) Specification.
2. The Bid Unit Price includes both the bituminous course mixture and
asphalt binder material.
D. Preparation of Existing Bituminous: Incidental to Bituminous Patching.
E. All other Work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
END OF SECTION
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PLAL'lT MIXED ASPHALT PAVEMENT
SECTION 02775
CONCRETE WALKS
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Cast-in-place concrete walkways.
1.02 RELATED SECTIONS
A. Section 02720 - Aggregate Base Course.
1.03 REFERENCES
A. American Society of Testing Materials (ASTM):
1. C260 - Air-Entraining Admixtures for Concrete.
B. Minnesota Department of Transportation "Standard Specifications for
Construction," 2005 Edition (MnDOT Spec.):
1. 2211 - Aggregate Base.
2. 2461 - Structural Concrete.
3. 2521 - Walks.
4. 2531 - Concrete Curbing.
5. 3702 - Preformed Joint Filers.
6. 3754 - Membrane Curing Compound.
1.04 SUBMITTALS
A. Submit 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 AND SCHEDULING
A. Restoration of disturbed areas shall be patched or seeded within 10 days of the
placement of the new concrete walk or pedestrian ramp.
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PART 2 PRODUCTS
2.01 MATERIALS
A. Concrete to conform to MnDOT Spec. 2461, except as modified herein:
1. Portland Cement: Conform to MnDOT Spec. 3101:
a. Type 3 air-entraining concrete produced by using Type IA Air-
Entraining Portland Cement.
2. Air-Entraining Admixtures: conform to MnDOT Spec. 3113:
a. Conforming to ASTM C260.
b. Not to be added to the concrete mixtures In the field without
approval from Engineer.
3. Mix Designation and Classification:
a. Manual Placement Mix No. 3Y32C.
b. Slip Form Placement Mix No. 3Y22C.
B. Preformed Joint Filler: Conform to MnDOT Spec. 3702.
C. Curing Compound: Conform to MnDOT Spec. 3754:
1. Curing compound shall contain a fugitive dye.
D. Sub-Grade Base Material:
1. Aggregated Base: Conforming to Section 02720.
E. Truncated Dome Panels: Approved products:
1. Armor-Tile Tactile Systems: Cast-in-Place, ADA-C-2448-YW.
F. Truncated Dome Panel Joint Sealant Compound: Approved Products:
1. Dow Corning 888.
2. Dow Corning NS Parking Structure Sealant.
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CONCRETE WALKS
PART 3 EXECUTION
3.01 GENERAL
A. Provide copies of batch tickets for concrete mix at the time of material delivery.
B. Construct concrete walkway and pedestrian ramps at the locations indicated on
the Drawings.
C. Construct walkways to conform to the typical section shown on the Drawings.
D. Construct pedestrian ramp to conform to the Drawings.
E. Verify locations with Engineer in the field prior to construction.
F. The completed concrete work shall give the appearance of uniformity in surface
contour and texture, and shall be accurately constructed to line and grade. The
required joints, edges, and flow lines shall show neat workmanship.
G. Retempering of concrete which has partially hardened with or without additional
materials or water is prohibited.
3.02 FOUNDATION PREPARATIONS
A. Placement of the aggregate base or granular material to SUPPOlt the concrete work
shall conform to Section 02720 or Section 02318. Compaction of subgrade base
shall conform to MnDOT Spec. 2211.3C 1.
B. The foundation shall be approved by the Engineer prior to placement of concrete
material.
3.03 FORMS
A. Conform to MnDOT Spec. 2521.3B.
3.04 JOINT CONSTRUCTION
A. Conform to MnDOT Spec. 2521.3C2, except as modified herein:
1. Maximum spacing of expansion joints for walkways shall be 60 feet.
2. Match joints of adjacent concrete work.
3.05 METAL REINFORCEMENT
A. Conform to MnDOT Spec. 2531.3D.
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CONCRETE WALKS
3.06 PLACING AND FINISHING
A. Conform to MnDOT Spec. 2521.3Cl and 2531.3F for slip form or 2531.3K for
manual placement, except as modified herein:
1. Any deviation in the design curvature of concrete edges in excess of 3/8 of
an inch, measured with a 10 foot straight edge, will be considered
unacceptable.
2. Any surface area allowing the entrapment of water at a depth 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.
4. Match any designs or "non-standard" finishing that may exist on the
panels removed. Incidental.
B. Pedestrian Curb Ramp - Truncated Dome:
1. Truncated Dome Panels Conform to the manufacturer's
recommendations for placement.
2. Truncated dome panels shall be placed (wet set) on a minimum of 4 inches
concrete and prior to finishing the adjacent concrete surface of the
pedestrian ramp. The joint between the panel and concrete shall be
finished with 1/2 inch radius edging tool.
3. Conform to MnDOT Standard Detail Plate No. 7036F for specified
truncated dome surface pattern dimensions.
4. Multiple truncated dome panels shall be of equal size.
5. Joint space between truncated dome panels shall be a minimum of 1/8 of
an inch and maximum of 3/8 of an inch in width.
6. All joints shall be cleaned and cleared of all debris prior to sealing. The
concrete adjacent to the truncated dome panel shall be cured for a
minimum of 7 days prior to joint sealing. Follow all other manufacturer's
recommendations prior to sealing. Use only the product joint sealant
specified. The joint sealant shall be applied to all joints between and
around the perimeter of the truncated dome panels. The sealant shall be
applied so that the depth is not less then 1/4 inch and not greater then
1/2 inch. The joint shall be tooled so that the finished sealant is 1/4 inch
below the finished surface.
7. The required color of the truncated dome panels is yellow.
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CONCRETE WALKS
3.07 CONCRETE CURING AND PROTECTION
A. Conform to MnDOT Spec. 2521.3C3 and 2521.3C3b (Membrane Curing
Method), except as modified herein:
1. Coat all surfaces with membrane curing compound within 30 minutes after
finishing at the specified rate.
2. The membrane-curing compound must contain a fugitive dye and be
applied at 2 different directions perpendicular to each other.
3. A second application of membrane curing compound shall be applied 4 to
8 hours after the first application at the specified rate.
4. Cold weather curing, when temperatures fall below 40 degrees F during
placement or within the following 24 hours, shall conform to MnDOT
Spec. 252l.3C3a blanket curing method, or method approved by Engineer.
5. The freshly finished surface shall be protected, surfaces pitted by rain will
be considered unacceptable.
6. Removal and replacement of any concrete section damaged by traffic,
rain, cold weather, or other causes occurring prior to final acceptance shall
be the responsibility of the Contractor.
3.08 HIGH EARLY CONCRETE
A. Conform to MnDOT Spec. 2461.3C, except as modified herein:
1. High early concrete shall be designed to provide a maXImum
water/cementitous ratio of 0.40.
2. High early concrete shall be designed to provide a minimum flexural
strength of 500 psi and a minimum compressive strength of 3000 psi in
48 hours.
3. High early concrete may be included as an Engineer ordered material.
Compensation will be at an agreed upon price not to exceed 20 percent
above the Contract price for standard strength concrete for the quantity
ordered by the Engineer. The price shall be agreed upon prior to
placement.
3.09 BACKFILLING
A. Conform to MnDOT Spec.252l.3E, except as modified herein:
1. Perform backfilling to protect the concrete no sooner than 72 hours after
placement of the concrete.
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CONCRETE WALKS
3.10 MEASUREMENT AND PAYMENT
A Bid Item for Concrete Sidewalk has been included in the Bid Form. Measurement
shall be on the basis of in-place square foot, regardless of thickness:
1. Payment of the Bid Item shall include the following:
a. Concrete materials.
b. Subgrade and base preparation.
c. Placement of materials.
d. Finishing.
e. Curing and protection.
f. Reinforcement
cr Backfilling.
O'
B. A Bid Item has been provided for Concrete Pedestrian Curb Ramp. Measurement
shall be on the basis of square feet of ramp actually constructed:
1. Measurement of ramp includes truncated dome portion of ramp.
2. Payment shall include the following:
a. Concrete materials.
b. Truncated panel materials.
c. Aggregate base preparation.
d. Saw cutting of existing concrete sidewalk pavement.
e. Placement of materials.
f. Placement of truncated panels.
g. Joint sealing materials.
h. Finishing.
1. Curing and protection.
J. Backfilling.
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CONCRETE WALKS
C. A Bid Item for Concrete Pavement has been included in the Bid Form.
Measurement shall be on the basis of in-place square foot. This Bid Item pertains
to the sidewalk at the Fire Station that exists within the drive area to the station:
1. Payment of the Bid Item shall include the following:
a. Concrete materials.
b. Sub grade and base preparation.
c. Placement of materials.
d. Finishing.
e. Curing and protection.
f. Reinforcement. Including I8-inch long dowel bars placed 18-
inches on center throughout drive area.
g. Backfilling.
D. All other Work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
END OF SECTION
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CONCRETE WALKS
SECTION 02920
LAWNS AND GRASSES
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Restoration of construction area by installation of topsoil and seed.
1.02 RELATED SECTIONS
A. Section 02315 - Excavation and Fill.
1.03 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for Construction,"
2005 Edition (MnDOT Spec.).
B. Minnesota Department of Transportation Seeding Manual 2003. (MnDOT Seeding
Manual).
1.04 SUBMITTALS
A. Provide source and invoice for seed to be used for this Project.
B. Producer's certificate of compliance - Written documentation verifying compliance
of mixture of seed furnished. Include percentage of various seed species, year of
production, germination rate, seed bag tags, and weed seed content. Submit to the
Engineer at least 5 days prior to delivery.
1.05 PLANT ESTABLISHMENT PERIOD
A. The Establishment Period for plants shall begin for immediately after installation,
with the approval of the Engineer, and continue until the date that the Engineer
performs a final inspection:
1. The establishment period for seeded areas is 1 year.
1.06 FIELD QUALITY CONTROL
A. Provide Engineer with seed bag tags used for identification purposes.
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LAWNS At'\1D GRASSES
PART 2 PRODUCTS
2.01 TOPSOIL.,: Topsoil Borrow conforming to MnDOT Spec. 3877.2C.
2.02 FERTIL.,ZER
A. Provide plant fertilizer that is commercial grade and uniform in composition and
conforms to applicable state and federal regulations.
B. Slow release fertilizer. A minimum of70 percent of the nitrogen component shall be
a slow release \vater insoluble nitrogen.
C. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP).
2.03 SEED: Conform to MnDOT Spec. 3876
A. Lawns: MnDOT Mixture 270.
PART 3 EXECUTION
3.01 EXAMINATION
A. Review restoration areas with the Engineer. Determine locations for seed. Schedule
for restoration of areas may be revised to fit field conditions.
B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on 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 seeding.
D. Delivery:
1. Notify the Engineer of the delivery schedule in advance so the plant material
may be inspected upon arrival at the Site. Remove unacceptable plant
material from the Site immediately.
2. Deliver fertilizer and lime to the Site in the original, unopened containers
bearing the manufacturer's guaranteed chemical analysis, name, trade name or
trademark, and in conformance to state and federal law . In lieu of containers,
fertilizer and lime may be furnished in bulk and a certificate indicating the
above information shall accompany each delivery.
3. During Delivery: Protect seed from contamination.
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LAWNS Ml) GRASSES
E. Storage:
1. Keep seed, lime, and fertilizer in dry storage away from contaminants.
3.02 PREPARATION
A. General: Conform to MnDOT Spec. 2575.3A.
B. Soil Preparation: Conform to MnDOT Spec. 2575.3B.
C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C:
1. Apply fertilizer at a rate of 400 lbs. per acre (9.2lbs.llOOO sq. ft.).
2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs.llOOO
sq. ft.).
3.03 SOWING SEED
A. Seeding Dates: Conform to MnDOT Spec. 2575.3 for the mixes specified.
B. Seeding Preparation and Application: Conform to MnDOT Spec 2575.3 for the
mixes specified.
3.04 MAINTENANCE
A. Restored areas that have been satisfactorily completed and are disturbed by additional
construction activity required by the timing and sequencing of the work shall be
restored over to the same requirements of the original work.
B. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual-
Maintenance Requirements for year 1.
3.05 INSPECTION AND ACCEPTANCE
A. Seeding and turf work will be inspected for acceptance in parts agreeable to the
Engineer, provided work offered for inspection is complete, including maintenance
for the portion in question.
B. At the conclusion ofthe establishment period(s), a final inspection ofplanting(s) will
be made to determine the conditions of areas specified for landscaping.
C. When inspected landscape work does not comply with requirements, replace rejected
work and continue specified maintenance until re-inspected by Engineer and found to
be acceptable. Remove rejected materials from the Site.
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LA \VNS Ai'iD GRASSES
D. Seed evaluation at the conclusion of the establishment period shall be based on at
least one species per square foot and 90 percent of seeding per square foot is of the
permanent seed species within the applied mix.
3.06 MEASUREMENT AND PAYMENT
A. Turf restoration will be considered incidental to the concrete work. Areas disturbed
by setting forms or other construction activities shall be restored with seed in
accordance with these Specifications. Restoration is to include preparing topsoil;
adding additional topsoil if necessary; preparation of seedbed; fertilizer; seed; and all
correlated activity.
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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LAWNS Al"l"D GRASSES
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
------
ACEC
National Socie.ty of
Professional Engineers'"
-",~~",_"".__.~_,,,,,,,,,",,,~,,,,,,,,,~-_,,,-,,,,,-"."-",.....,.,.".".......'..,."-."'._"".,.,."'._"...."
Plt1tessio~l fRgll'JSf!fS in Ptirtle PTal;llce
A....I::.Rlc..\.... COl':-.:ca. Uf E....CINl:l'.JUN(, Cu:,u'.\:-<n.~
PROFESSIONAL ENGINEERS IN PRIV ATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
A1vIERICAN COUNCIL OF ENGINEERING CONIP ANIES
A1vIERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General Contractors of America
~& . Knowle<lge for Creating
~ and Sustaining
the Built Environmenl
Construction Specifications Institute
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
Copyright @2002
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Council of Engineering Companies
101515th 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-OOl) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the
Preparation of Supplementary Conditions (No. C-800) (2002 Edition).
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
TABLE OF CONTENTS
Page
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..............................................................................................................6
1.01 Defined T enns .......................................... ......... ....................................................................................................... 6
1.02 T enninolo gy ........................... ...................... .......................................... ........... ........................... ......... ...................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, AMENDING, REUSE.......................................................................10
3.01 Intent..... ................. .... ............................................................................................... .............................................10
3.02 Reference Standards......................................... .................................................................................. ...................10
3.03 Reporting and Resolving Discrepancies. ........................................................................................... ...... ..... .........10
3.04 Amending and Supplementing Contract Documents ..............................................................................................11
3.05 Reuse of Documents..... .... ...... ...................... ....................... ... ................................................. .............................. .11
3.06 Electronic Data....... ................................... ........................... ... ............. .......................................................... ...... .11
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENT AL CONDITIONS; REFERENCE POINTS ................................................................................................11
4.01 A vailability of Lands...................... ......... ...................................................................................... ........................ .11
4.02 Subsuiface and Physical Conditions................................... ................... ............................................................... .12
4.03 Differing Subsuiface or Physical Conditions................................ ........................................................................ .12
4.04 Underground Facilities ......................................................................... ..... .................. ....................... ..... ..... ........ .13
4.05 Reference Points...... ........................................ ........................................ ..................... ........................... ............. .13
4.06 Hazardous Environmental Condition at Site .........................................................................................................13
ARTICLE 5 - BONDS AND INSURANCE .............................................................................................................................14
5.01 Peifonnance, Payment, and Other Bonds ...................................... ....................................................... .................14
5.02 Licensed Sureties and Insurers ................... .................................... ............................... ................... .....................15
5.03 Certificates of Insurance....................................................................................................................... ................ .15
5.04 Contractor's Liability Insurance........................................................................................................................ ... .15
5.05 Owner's Liability Insurance. ................................................................................................................................ .16
5.06 Property Insurance ................................................................................................................................... ...... ...... .16
5 .07 Waiver of Rights........... ...................................................................................................................................... ... .17
5.08 Receipt and Application of Insurance Proceeds ....................................................................................................17
5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................................................17
5.10 Partial Utilization, Acknowledgment of Property Insurer .....................................................................................18
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ....................... .......... ..... ..................... ........... ..... .... .......................... .18
6.01 Supervision and Superintendence........... .............................................................................................................. .18
6.02 Labor; Working Hours........................................................................................................................... ............... .18
6.03 Services, Materials, and Equipment........................... .... .................. ................... ............... ............. ............. ....... ...18
6.04 Progress Schedule......................................................................................................................... ........................ .18
6.05 Substitutes and "Or-Equals" ................................. ........................ .................. ... ........... .... ................................... .19
6.06 Concerning Subcontractors, Suppliers, and Others ....................... ... ................................. ..... .............................. .20
6.07 Patent Fees and Royalties...........:............................................................................................................ ............. .21
6.08 P ennits ... ................ .................................................................................................................................. ..... ........ .21
6.09 Laws and Regulations..................................................................................................................... ...................... .21
6.10 Taxes.......................... ....................... ............. ..................... ............... ......... .................... ..... ................................ ..22
6.11 Use of Site and Other Areas...................................................................................................................................22
6.12 Record Docunzents .................................................................................................................................... ............. 22
6.13 Safety and Protection.......................................................................................................................... .................. .22
6.14 Safety Representative .................................................................................................................................... ........ .23
6.15 Hazard Communication .............................................................................................................. ......... .23
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. 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 Warranty and Guarantee ................................................................................................. ...24
6.20 Indemnification................... ..................................... ............................. .................................................... ............ .24
6.21 Delegation of Professional Design Services ... ....... ...................................................................................... ..........25
ARTICLE 7 - OTHER WORK AT THE SITE .........................................................................................................................25
7.01 Related Work at Site.............................................._............................................................ ..... .............................. .25
7.02 Coordination ............................... .......... ................................................................. ................ ..... ................... ....... .26
7.03 Legal Relationships............. ....... ............................................................................................................................ 26
ARTICLE 8 - OWNER'S RESPONSIBILITIES ......................................................................................................................26
8.01 Communications to Contractor.............. ............................................... ........ ......................... ....................... ....... ..26
8.02 Replacelnent of Engineer................................................................................... ................................... .................26
8.03 Funlish Data............. .......... ....... .................................... .......... ............................................ ..................... ..... ....... .26
8.04 Pay When Due.... ............. ........ ............ ...................................................................... ..................................... ....... .26
8.05 Lands and Easements; Reports and Tests ..............................................................................................................26
8.06 Ins urance........................................................................................................................ ........................................26
8.07 Change Orders.... ................ ... .... .................................... .......... .............. ........... ........ .................. .................. ........ .26
8.08 Inspections, Tests, and Approvals.......... ................................. ......................... ...... ................ ................................26
8.09 Limitations on Owner's Responsibilities................................... ............ .................................................... .............27
8.10 Undisclosed Hazardous Environmental Condition................................................................. .............................. .27
8.11 Evidence of Financial Arrangements .................................................. ...................................................................27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION.....................................................................................27
9.01 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 Detenninations 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; ALLOW Al'\l"CES; UNIT PRICE WORK..................................................................30
11.01 Cost of the Work....................................................................... .................................................................... ......... .30
11.02 Allowances...................................................................................................................... .......................................31
11.03 Unit Price tV ork ................................................................................................................................ .....................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................................................. .................................................................................... 3 3
12.03 Delays......................................................................................................................... ...........................................33
ARTICLE 13 - TESTS Al~D INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......33
13.01 Notice of Defects......................................................................................................................... .................. .........33
13.02 Access to Work.......................................................................................................................... .............................33
13 .03 Tests and Inspections................................................................................................................... ..........................33
13.04 Uncovering Work........................................................................................................................... ....................... .34
13.05 Owner May Stop the Work ......... ......... ........ ............. ..................................... .................. ..... ......... .., .... ........ ........ ..34
13.06 Correction or Removal of Defective Work ....... ..................... ................... .......................... .............. .... ..................34
13.07 Correction Period....................................................................................................................... ...........................34
13.08 Acceptance of Defective Work ................. .... ....... ........................... .......... ... .... .............. .............. ...........................35
13.09 Owner May Correct Defective tV ork................................................................................................. .....................35
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION...............................................................................36
14.01 Schedule of Values.................................................................................................... .............................................36
14.02 Progress Payments...................................................................................................................... .................. .........36
14.03 Contractor' s Warranty of Title.......................................................................................................................... ....37
14.04 Substantial Completion.......... ................................................................................................................................3 7
EJCDC C.700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
14.05 Partial Utilization...... .......... ........ ............... ...................................................................................................... .....38
14.06 Final Inspection .......................... ................................................................................ ........... ......... ................. ......38
14.07 Final Payment..................... ..... ................................................................................... ...........................................38
14.08 Final Completion Delayed ............................. ................................................................................................ ........39
14.09 Waiver of Claims...... .......... ............. ............................................................................................................ ........ ... 39
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION .........................................................................................39
15.01 Owner May Suspend Work........ ......................................................... .................................... ................................39
15.02 Owner May T emlinate for Cause .................... .............. ......................................................................................... 39
15.03 Owner May Terminate For Convenience................................................................ ....................... ...... ..................40
15.04 Contractor May Stop Work or Tenninate ..............................................................................................................40
ARTICLE 16 - DISPUTE RESOLUTION ................................................................................................ .................. ..............41
16.0 1 Methods and Procedures....................................................... ................................................ ............................... .41
ARTICLE 17 - MISCELLANEOUS .............................................................. .................................................. ............ .............41
17.01 Giving Notice.............. ......... ....... ................................................................................ .......................................... .41
17.02 Computation of Times..... ............ ................................................................................ ..... ................................. .... .41
17,03 Cumulative Remedies........................................................................................... ...... ...................................... ..... .41
17.04 Survival of Obligations.......................................................... ............................................................................... .41
17.05 Controlling Law........................... ..... .................................................................. .................................................. .41
17. 06 Headings.................................................................................................................... ............................................41
EJCnC C-700 Standard General Conditions of the Construction
Copyright @ 2002 National Society of Professional Engineers for EJCnC. All rights reserved.
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS AND TER1\1INOLOGY
1.01 Defined Tenns
A. Wherever used in the Bidding Requirements
or Contract Documents and printed with initial capital
letters, the terms listed below will have the meanings
indicated which are applicable to both the singular and
plural thereof. In addition to terms specifically defined,
terms with initial capital letters in the Contract
Documents include references to identified articles and
paragraphs, and the titles of other documents or forms.
1. Addenda--Written or graphic instruments
issued prior to the opening of Bids which clarify, correct,
or change the Bidding Requirements or the proposed
Contract Documents.
2. 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).
Documents--The Bidding
proposed Contract Documents
8. Bidding Requirements--The Advertisement or
Invitation to Bid, Instructions to Bidders, bid security of
acceptable form, if any, and the Bid Form with any
supplements.
9. Change 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 Documents-- Those items so
designated in the Agreement. Only printed or hard copies
of the items listed in the Agreement are Contract
Documents. Approved Shop Drawings, other Contractor's
submittals, and the reports and drawings of subsurface
and physical conditions are not Contract Documents.
13. Contract Price--The moneys payable by
Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of Paragraph 11.03
in the case of Unit Price Work).
14. Contract Times--The number of days or the
dates stated in the Agreement to: (i) achieve Milestones, if
any, (ii) achieve Substantial Completion; and (iii) com-
plete the Work so that it is ready for final payment as
evidenced by Engineer's written recommendation of final
payment.
15. Contractor--The individual or entity with
whom Owner has entered into the Agreement.
16. Cost of the Work--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 General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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 Requirements--Sections of Division
1 of the Specifications. The General Requirements pertain
to all sections of the Specifications.
22. Hazardous Environmental Condition-- The
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
23. Hazardous Waste--The term Hazardous
Waste shall have the meaning provided in Section 1004 of
the Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
24. Laws and Regulations; Laws or Regulations-
-Any and all applicable laws, rules, regulations, ordinanc-
es, codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
25. Liens--Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
26. Milestone--A principal event specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substantial Completion of all the
Work.
27. Notice of 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 Proceed--A written notice given by
Owner to Contractor fixing the date on which the Con-
tract Times will commence to run and on which
Contractor shall start to perform the Work under the
Contract Documents.
29. Owner--The individual or entity with whom
Contractor has entered into the Agreement and for whom
the Work is to be performed.
30. PCBs--Polychlorinated biphenyls.
31. Petroleum--Petroleum, including crude oil or
any fraction thereof which is liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline,
kerosene, and oil mixed with other non-Hazardous Waste
and crude oils.
32. Progress Schedule--A schedule, prepared and
maintained by Contractor, describing the sequence and
duration of the activities comprising the Contractor's plan
to accomplish the Work within the Contract Times.
33. Project--The total construction of which the
Work to be performed under the Contract Documents may
be the whole, or a part.
34. Project Manual--The bound documentary
information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is
contained in the table(s) of contents.
35. Radioactive Material--Source, special nucle-
ar, or byproduct material as defined by the Atomic Energy
Act of 1954 (42 USC Section 2011 et seq.) as amended
from time to time.
36. Related Entity -- An officer, director, partner,
employee, agent, consultant, or subcontractor.
37. Resident Project Representative--The autho-
rized representative of Engineer who may be assigned to
the Site or any part thereof.
38. Samples--Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Schedule of Submittals--A schedule, prepared
and maintained by Contractor, of required submittals and
the time requirements to support scheduled performance
of related construction activities.
40. Schedule of Values--A schedule, prepared
and maintained by Contractor, allocating portions of the
Contract Price to various portions of the Work and used
as the basis for reviewing Contractor's Applications for
Payment.
41. Shop Drawings--AlI drawings, diagrams,
illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for
Contractor and submitted by Contractor to illustrate some
portion of the Work.
42. Site--Lands or areas indicated in the Contract
Documents as being furnished by Owner upon which the
Work is to be performed, including rights-of-way and
easements for access thereto, and such other lands
furnished by Owner which are designated for the use of
Contractor.
43. 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 @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
administrative requirements and procedural matters
applicable thereto.
44. Subcontractor--An individual or entity
having a direct contract with Contractor or with any other
Subcontractor for the performance of a part of the Work
at the Site.
45. Substantial Completion--The time at which
the Work (or a specified part thereof) has progressed to
the point where, in the opinion of Engineer, the Work (or
a specified part thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the
purposes for which it is intended. The terms "substantially
complete" and "substantially completed" as applied to all
or part of the Work refer to Substantial Completion
thereof.
46. Successful Bidder--The Bidder submitting a
responsive Bid to whom Owner makes an award.
47. Supplementary Conditions-- That part of the
Contract Documents which amends or supplements these
General Conditions.
48. Supplier--A manufacturer, fabricator, suppli-
er, distributor, materialman, or vendor having a direct
contract with Contractor or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by Contractor or any Subcontractor.
49. Underground Facilities--AlI underground
pipelines, conduits, ducts, cables, wires, manholes, vaults,
tanks, tunnels, or other such facilities or attachments, and
any encasements containing such facilities, including
those that convey electricity, gases, steam, liquid
petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other
liquids or chemicals, or traffic or other control systems.
50. Unit Price Work--Work to be paid for on the
basis of unit prices.
51. 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 Directive will
be incorporated in a subsequently issued Change Order
following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Times.
1.02 Temzinology
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 Tenns or Adjectives
1. The Contract Documents include the terms "as
allowed," "as approved," "as ordered", "as directed" or
terms of like effect or import to authorize an exercise of
professional judgment by Engineer. In addition, the
adjectives "reasonable," "suitable," "acceptable,"
"proper," "satisfactory," or adjectives of like effect or
import are used to describe an action or determination of
Engineer as to the Work. It is intended that such exercise
of professional judgment, action or determination will be
solely to evaluate, in general, the Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of
the completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any
such term or adjective is not intended to and shall not be
effective to assign to Engineer any duty or authority to
supervise or direct the performance of the Work or any
duty or authority to undertake responsibility contrary to
the provisions of Paragraph 9.09 or any other provision of
the Contract Documents.
C. Day
1. The word "day" means a calendar day
of 24 hours measured from midnight to the next midnight.
D. Defective
1. The word "defective," when modifying the
word "Work," refers to Work that is unsatisfactory,
faulty, or deficient in that it:
a. does not conform to the Contract Documents,
or
b. does not meet the requirements of any
applicable inspection, reference standard, test, or
approval referred to in the Contract Documents,
or
52. Work Change Directive--A written statement
to Contractor issued on or after the Effective Date of the
Agreement and signed by Owner and recommended by
Engineer ordering an addition, deletion, or revision in the
Work, or responding to differing or unforeseen subsurface
or physical conditions under which the Work is to be
performed or to emergencies. A Work Change Directive
will not change the Contract Price or the Contract Times
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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, Peifonn, Provide
1. The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or place in final position said services, materials,
or equipment complete and ready for intended use.
3. The words "perform" or "provide," when used
in connection with services, materials, or equipment, shall
mean to furnish and install said services, materials, or
equipment complete and ready for intended use.
4. When "furnish," "install," "perform," or "pro-
vide" is not used in connection with services, materials, or
equipment in a context clearly requiring an obligation of
Contractor, "provide" is implied.
F. Unless stated otherwise in the Contract Docu-
ments, words or phrases which have a well-known
technical or construction industry or trade meaning are
used in the Contract Documents in accordance with such
recognized meaning.
ARTICLE 2 - PRELIMINARY MATTERS
2.01 Delivery of Bonds and Evidence of Insurance
A. When Contractor delivers the executed
counterparts of the Agreement to Owner, Contractor shall
also deliver to Owner such bonds as Contractor may be
required to furnish.
B. Evidence of Insurance: Before any Work at
the Site is started, Contractor and Owner shall each
deliver to the other, with copies to each additional insured
identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance which either
of them or any additional insured may reasonably request)
which Contractor and Owner respectively are required to
purchase and maintain in accordance with Article 5.
2.02
Copies of Documents
or, if a Notice to Proceed is given, on the day indicated in
the Notice to Proceed. A Notice to Proceed may be given
at any time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times com-
mence to run later than the sixtieth day after the day of
Bid opening or the thirtieth day after the Effective Date of
the Agreement, whichever date is earlier.
2.04 Starting the 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. Preliminary Schedules: Within 10 days after
the Effective Date of the Agreement (unless otherwise
specified in the General Requirements), Contractor shall
submit to Engineer for timely review:
1. a preliminary Progress Schedule; indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents;
2. a preliminary Schedule of Submittals; and
3. a preliminary Schedule of Values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
vides the Work into component parts in sufficient detail to
serve as the basis for progress payments during
performance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
2.06 Preconstruction Conference
A. Before any Work at the Site is started, a
conference attended by Owner, Contractor, Engineer, and
others as appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in Paragraph 2.05.A,
procedures for handling Shop Drawings and other
submittals, processing Applications for Payment, and
maintaining required records.
2.07
Initial Acceptance of Schedules
A. At least 10 days before submission of the first
Application for Payment a conference attended by
Contractor, Engineer, and others as appropriate will be
held to review for acceptability to Engineer as provided
below the schedules submitted in accordance with
Paragraph 2.05.A. Contractor shall have an additional 10
days to make corrections and adjustments and to complete
and resubmit the schedules. No progress payment shall be
A. The Contract Times will commence to run on made to Contractor until acceptable schedules are
the thirtieth day after the Effective Date of the Agreement submitted to Engineer.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
A. Owner shall furnish to Contractor up to ten
printed or hard copies of the Drawings and Project
Manual. Additional copies will be furnished upon request
at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to
Proceed
1. The Progress Schedule will be acceptable to
Engineer if it provides an orderly progression of the Work
to completion within the Contract Times. Such acceptance
will not impose on Engineer responsibility for the
Progress Schedule, for sequencing, scheduling, or
progress of the Work nor interfere with or relieve
Contractor from Contractor's full responsibility therefor.
2. Contractor's Schedule of Submittals will be
acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the required
submittals.
3. Contractor's Schedule of Values will be
acceptable to Engineer as to form and substance if it
provides a reasonable allocation of the Contract Price to
component parts of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS:
AMENDING, REUSE
INTENT ,
3.01 Intent
A. The Contract Documents are complementary;
what is required by one is as binding as if required by all.
B. It is the intent of the Contract Documents to
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract Docu-
ments. Any labor, documentation, services, materials, or
equipment that may reasonably be inferred from the
Contract Documents or from prevailing custom or trade
usage as being required to produce the intended result will
be provided whether or not specifically called for at no
additional cost to Owner.
C. Clarifications and interpretations of the
Contract Documents shall be issued by Engineer as
provided in Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and
Regulations
I. Reference to standards, specifications,
manuals, or codes of any technical society, organization,
or association, or to Laws or Regulations, whether such
reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
except as may be otherwise specifically stated in the
Contract Documents.
responsibilities of Owner, Contractor, or Engineer, or any
of their subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents. No such
provision or instruction shall be effective to assign to
Owner, or Engineer, or any of, their Related Entities, any
duty or authority to supervise or direct the performance of
the Work or any duty or authority to undertake respon-
sibility inconsistent with the provisions of the Contract
Documents.
3.03
Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. Contractor's Review of Contract Documents
Before Starting Work: Before undertaking each part of the
Work, Contractor shall carefully study and compare the
Contract Documents and check and verify pertinent
figures therein and all applicable field measurements.
Contractor shall promptly report in writing to Engineer
any conflict, error, ambiguity, or discrepancy which
Contractor may discover and shall obtain a written
interpretation or clarification from Engineer before
proceeding with any Work affected thereby.
2. Contractor's Review of Contract Documents
During Peiformance of Work: If, during the performance
of the Work, Contractor discovers any conflict, error,
ambiguity, or discrepancy within the Contract Documents
or between the Contract Documents and any provision of
any Law or Regulation applicable to the performance of
the Work or of any standard, specification, manual or
code, or of any instruction of any Supplier, Contractor
shall promptly report it to Engineer in writing. Contractor
shall not proceed with the Work affected thereby (except
in an emergency as required by Paragraph 6.16.A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
Paragraph 3.04.
3. Contractor shall not be liable to Owner or
Engineer for failure to report any conflict, error, ambigu-
ity, or discrepancy in the Contract Documents unless
Contractor knew or reasonably should have known
thereof.
B. Resolving Discrepancies
1. Except as may be otherwise specifically stated
in the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any
conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
a. the provisions of any standard, specification,
manual, code, or instruction (whether or not
specifically incorporated by reference in the
Contract Documents); or
? No provIsion of any such standard,
specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations
Supplier shall be effective to change the duties or applicable to the performance of the Work
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
(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:
I. 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 tyrm 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 AND PHYSICAL
HAZARDOUS ENVIRONMENT AL
REFERENCE POINTS
OF LANDS;
CONDITIONS;
CONDITIONS;
4.0 I A vailability of Lands
A. Owner shall furnish the Site. Owner shall
notify Contractor of any encumbrances or restrictions not
of general application but specifically related to use of the
Site with which Contractor must comply in performing
the Work. Owner will obtain in a timely manner and pay
for easements for permanent structures or permanent
changes in existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount or
extent, if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of any delay in
Owner's furnishing the Site or a part thereof, Contractor
may make a Claim therefor as provided in Paragraph
10.05.
B. Upon reasonable written request, Owner shall
furnish Contractor with a current statement of record legal
title and legal description of the lands upon which the
Work is to be performed and Owner's interest therein as
necessary for giving notice of or filing a mechanic's or
construction lien against such lands in accordance with
applicable Laws and Regulations.
C. Contractor shall provide for all additional
lands and access thereto that may be required for
temporary construction facilities or storage of materials
and equipment.
EJCDC C-700 Standard General Conditions of the Construction
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4.02 Subsuiface and Physical Conditions
A. Reports and Drawings: The Supplementary
Conditions identify:
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
Engineer has used in preparing the Contract Documents;
and
2. those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities)
that Engineer has used in preparing the Contract
Documents.
B. Limited Reliance by Contractor on Technical
Data Authorized: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
1. the completeness of such reports and drawings
for Contractor's purposes, including, but not limited to,
any aspects of the means, methods, techniques,
sequences, and procedures of construction to be employed
by Contractor, and safety precautions and programs
incident thereto; or
2. other data, interpretations, 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 indicated
in the Contract Documents; or
4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally
recognized as inherent in work of the character provided
for in the Contract Documents;
then Contractor shall, promptly after becoming aware
thereof and before further disturbing the subsurface or
physical conditions or performing any Work in connec-
tion therewith (except in an emergency as required by
Paragraph 6.16.A), notify Owner and Engineer in writing
about such condition. Contractor shall not further disturb
such condition or perform any Work in connection
therewith (except as aforesaid) until receipt of written
order to do so.
B. Engineer's Review: After receipt of written
notice as required by Paragraph 4.03.A, Engineer will
promptly review the pertinent condition, determine the
necessity of Owner's obtaining additional exploration or
tests with respect thereto, and advise Owner in writing
(with a copy to Contractor) of Engineer's findings and
conclusions.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times, or
both, will be equitably adjusted to the extent that the
existence of such differing subsurface or physical
condition causes an increase or decrease in Contractor's
cost of, or time required for, performance of the Work;
subject, however, to the following:
a. such condition must meet anyone or more of
the categories described in Paragraph 4.03.A;
and
b. with respect to Work that is paid for on a Unit
Price Basis, any adjustment in Contract Price
will be subject to the provisions of Paragraphs
9.07 and 11.03.
2. Contractor shall not be entitled to any
adjustment in the Contract Price or Contract Times if:
a. Contractor knew of the existence of such
conditions at the time Contractor made a final
commitment to Owner with respect to Contract
Price and Contract Times by the submission of a
Bid or becoming bound under a negotiated
contract; or
b. the existence of such condition could
reasonably have been discovered or revealed as a
result of any examination, investigation, explo-
ration, test, or study of the Site and contiguous
areas required by the Bidding Requirements or
Contract Documents to be conducted by or for
Contractor prior to Contractor's making such
final commitment; or
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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 existing Underground Facilities at or
contiguous to the Site is based on information and data
furnished to Owner or Engineer by the owners of such
Underground Facilities, including Owner, or by others.
Unless it is otherwise expressly provided in the Sup-
plementary Conditions:
1. Owner and Engineer shall not be responsible
for the accuracy or completeness of any such information
or data; and
2. the cost of all of the following will be
included in the Contract Price, and Contractor shall have
full responsibility for:
a. reviewing and checking all such information
and data,
b. locating all Underground Facilities shown or
indicated in the Contract Documents,
c. coordination of the Work with the owners of
such Underground Facilities, including Owner,
during construction, and
d. the safety and protection of all such Under-
ground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated
promptly review the Underground Facility and determine
the extent, if any, to which a change is required in the
Contract Documents to reflect and document the
consequences of the existence or location of the Under-
ground Facility. During such time, Contractor shall be
responsible for the safety and protection of such
Underground Facility.
2. If Engineer concludes that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
shall be made in the Contract Price or Contract Times, or
both, to the extent that they are attributable to the
existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated
with reasonable accuracy in the Contract Documents and
that Contractor did not know of and could not reasonably
have been expected to be aware of or to have anticipated.
If Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of any
such adjustment in Contract Price or Contract Times,
Owner or Contractor may make a Claim therefor as
provided in Paragraph 10.05.
4.05 Reference Points
A. Owner shall provide engineering surveys to
establish reference points for construction which in
Engineer's judgment are necessary to enable Contractor
to proceed with the Work. Contractor shall be responsible
for laying out the Work, shall protect and preserve the
established reference points and property monuments, and
shall make no changes or relocations without the prior
written approval of Owner. Contractor shall report to
Engineer whenever any reference point or property
monument is lost or destroyed or requires relocation
because of necessary changes in grades or locations, and
shall be responsible for the accurate replacement or
relocation of such reference points or property
monuments by professionally qualified personnel.
4.06
Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is made to
the Supplementary Conditions for the identification of
those reports and drawings relating to a Hazardous
Environmental Condition identified at the Site, if any, that
have been utilized by the Engineer in the preparation of
the Contract Documents.
B. Limited Reliance by Contractor on Technical
Data Authorized: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
1. If an Underground Facility is uncovered or
revealed at or contiguous to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, Contractor shall,
promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as
required by Paragraph 6.16.A), identify the owner of such
Underground Facility and give written notice to that
owner and to Owner and Engineer. Engineer will
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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
? other data, interpretations, opinIons and
information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions or information.
C. Contractor shall not be responsible for any
Hazardous Environmental Condition uncovered or re-
vealed at the Site which was not shown or indicated in
Drawings or Specifications or identified in the Contract
Documents to be within the scope of the Work.
Contractor shall be responsible for a Hazardous
Environmental Condition created with any materials
brought to the Site by Contractor, Subcontractors,
Suppliers, or anyone else for whom Contractor is
responsible.
D. If Contractor encounters a Hazardous
Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous
Environmental Condition, Contractor shall immediately:
(i) secure or otherwise isolate such condition; (ii) stop all
Work in connection with such condition and in any area
affected thereby (except in an emergency as required by
Paragraph 6.16.A); and (iii) notify Owner and Engineer
(and promptly thereafter confirm such notice in writing).
Owner shall promptly consult with Engineer concerning
the necessity for Owner to retain a qualified expert to
evaluate such condition or take corrective action, if any.
E. Contractor shall not be required to resume
Work in connection with such condition or in any affected
area until after Owner has obtained any required permits
related thereto and delivered to Contractor written notice:
(i) specifying that such condition and any affected area is
or has been rendered safe for the resumption of Work; or
(ii) specifying any special conditions 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 individual's or entity's own negligence.
H. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants, and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to a Hazardous Environmental Condition
created by Contractor or by anyone for whom Contractor
is responsible. Nothing in this Paragraph 4.06.H shall
obligate Contractor to indemnify any individual or entity
from and against the consequences of that individual's or
entity's own negligence.
1. The provisions of Paragraphs 4.02, 4.03, and
4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01 Peiformance, Payment, and Other Bonds
F. If after receipt of such written notice A. Contractor shall furnish performance and
Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the
a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and
resume such Work under such special conditions, then payment of all of Contractor's obligations under the
Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect
area affected by such condition to be deleted from the until one year after the date when final payment becomes
Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
in Paragraph 13.07, whichever is later, except as provided
otherwise by Laws or Regulations or by the Contract
Documents. Contractor shall also furnish such other
bonds as are required by the Contract Documents.
B. All bonds shall be in the form prescribed by
the Contract Documents except as provided otherwise by
Laws or Regulations, and shall be executed by such
sureties as are named in the current list of "Companies
Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Compa-
nies" as published in Circular 570 (amended) by the
Financial Management Service, Surety Bond Branch, U.S.
Department of the Treasury. All bonds signed by an agent
must be accompanied by a certified copy of the agent's
authority to act.
C. If the surety on any bond furnished by
Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in any state where
any part of the Project is located or it ceases to meet the
requirements of Paragraph 5.01.B, Contractor shall
promptly notify Owner and Engineer and shall, within 20
days after the event giving rise to such notification,
provide another bond and surety, both of which shall
comply with the requirements of Paragraphs 5.01.B and
5.02.
5.02 Licensed Sureties and Insurers
A. All bonds and insurance required by the
Contract Documents to be purchased and maintained by
Owner or Contractor shall be obtained from surety or
insurance companies that are duly licensed or authorized
in the jurisdiction in which the Project is located to issue
bonds or insurance policies for the limits and coverages
so required. Such surety and insurance companies shall
also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.03
Certificates of Insurance
A. Contractor shall deliver to Owner, with copies
to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Owner or any other additional
insured) which Contractor is required to purchase and
maintain.
B. Owner shall deliver to Contractor, with copies
to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Contractor or any other
additional insured) which Owner is required to purchase
and maintain.
5.04
Contractor's Liability Insurance
from claims set forth below which may arise out of or
result from Contractor's performance of the Work and
Contractor's other obligations under the Contract
Documents, whether it is to be performed by Contractor,
any Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform any of the
Work, or by anyone for whose acts any of them may be
liable:
1. claims under workers' compensation,
disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of Contractor's
employees;
3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
Contractor's employees;
4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained:
a. by any person as a result of an offense directly
or indirectly related to the employment of such
person by Contractor, or
b. by any other person for any other reason;
5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting
therefrom; and
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
B. The policies of insurance required by this
Paragraph 5.04 shall:
1. with respect to insurance required by
Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include
as additional insured (subject to any customary exclusion
regarding professional liability) Owner and Engineer, and
any other individuals or entities identified in the Supple-
mentary Conditions, all of whom shall be listed as addi-
tional insureds, and include coverage for the respective
officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of all such
additional insureds, and the insurance afforded to these
additional insureds shall provide primary coverage for all
claims covered thereby;
2. include at least the specific coverages and be
written for not less than the limits of liability provided in
the Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
A. Contractor shall purchase and maintain such
liability and other insurance as is appropriate for the
Work being performed and as will provide protection
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
3. include completed operations insurance;
4. include contractual
covering Contractor's indemnity
Paragraphs 6.11 and 6.20;
liability insurance
obligations under
5. contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least 30 days prior
written notice has been given to Owner and Contractor
and to each other additional insured identified in the
Supplementary Conditions to whom a certificate of
insurance has been issued (and the certificates of
insurance furnished by the Contractor pursuant to
Paragraph 5.03 will so provide);
6. remain in effect at least until final payment
and at all times thereafter when Contractor may be
correcting, removing, or replacing defective Work in
accordance with Paragraph 13.07; and
7. with respect to completed operations insur-
ance, and any insurance coverage written on a claims-
made basis, remain in effect for at least two years after
final payment.
a. Contractor shall furnish Owner and each other
additional insured identified in the Supple-
mentary Conditions, to whom a certificate of
insurance has been issued, evidence satisfactory
to Owner and any such additional insured of
continuation of such insurance at final payment
and one year thereafter.
5.05 Owner's Liability Insurance
A. In addition to the insurance required to be
provided by Contractor under Paragraph 5.04, Owner, at
Owner's option, may purchase and maintain at Owner's
expense Owner's own liability insurance as will protect
Owner against claims which may arise from operations
under the Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supple-
mentary Conditions, Owner shall purchase and maintain
property insurance upon the Work at the Site in the
amount of the full replacement cost thereof (subject to
such deductible amounts as may be provided in the
Supplementary Conditions or required by Laws and
Regulations). This insurance shall:
1. include the interests of Owner, Contractor,
Subcontractors, and Engineer, and any other individuals
or entities identified in the Supplementary Conditions,
and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shall be listed as an insured or additional insured;
2. be written on a Builder's Risk "all-risk" or
open peril or special causes of loss policy form that shall
at least include insurance for physical loss or damage to
the Work, temporary buildings, false work, and materials
and equipment in transit, and shall insure against at least
the following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, (other than caused by flood)
and such other perils or causes of loss as may be specifi-
cally required by the Supplementary Conditions;
3. include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
4. cover materials and equipment stored at the
Site or at another location that was agreed to in writing by
Owner prior to being incorporated in the Work, provided
that such materials and equipment have been included in
an Application for Payment recommended by Engineer;
5. allow for partial utilization of the Work by
Owner;
6. include testing and startup; and
7. be maintained in effect until final payment is
made unless otherwise agreed to in writing by Owner,
Contractor, and Engineer with 30 days written notice to
each other additional insured to whom a certificate of
insurance has been issued.
B. Owner shall purchase and maintain such
boiler and machinery insurance or additional property
insurance as may be required by the Supplementary
Conditions or Laws and Regulations which will include
the interests of Owner, Contractor, Subcontractors, and
Engineer, and any other individuals or entities identified
in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, consultants and
subcontractors of each and any of them, each of whom is
deemed to have an insurable interest and shall be listed as
an insured or additional insured.
C. All the policies of insurance (and the certifi-
cates or other evidence thereof) required to be purchased
and maintained in accordance with Paragraph 5.06 will
contain a provision or endorsement that the coverage
afforded will not be canceled or materially changed or
renewal refused until at least 30 days prior written notice
has been given to Owner and Contractor and to each other
additional insured to whom a certificate of insurance has
been issued and will contain waiver provisions in accor-
dance with Paragraph 5.07.
D. Owner shall not be responsible for purchasing
and maintaining any property insurance specified in this
Paragraph 5.06 to protect the interests of Contractor,
Subcontractors, or others in the Work to the extent of any
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deductible amounts that are identified in the Supple-
mentary Conditions. The risk of loss within such
identified deductible amount will be borne by Contractor,
Subcontractors, or others suffering any such loss, and if
any of them wishes property insurance coverage within
the limits of such amounts, each may purchase and
maintain it at the purchaser's own expense.
E. If Contractor requests in writing that other
special insurance be included in the property insurance
policies provided under Paragraph 5.06, Owner shall, if
possible, include such insurance, and the cost thereof will
be charged to Contractor by appropriate Change Order.
Prior to commencement of the Work at the Site, Owner
shall in writing advise Contractor whether or not such
other insurance has been procured by Owner.
5.07 Waiver of Rights
A. Owner and Contractor intend that all policies
purchased in accordance with Paragraph 5.06 will protect
Owner, Contractor, Subcontractors, and Engineer, and all
other individuals or entities identified in the Supple-
mentary Conditions to be listed as insureds or additional
insureds (and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them) in such policies and will provide primary coverage
for all losses and damages caused by the perils or causes
of loss covered thereby. All such policies shall contain
provisions to the effect that in the event of payment of
any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. Owner and Contractor waive all rights against
each other and their respective officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for all losses and
damages caused by, arising out of or resulting from any of
the perils or causes of loss covered by such policies and
any other property insurance applicable to the Work; and,
in addition, waive all such rights against Subcontractors,
and Engineer, and all other individuals or entities
identified in the Supplementary Conditions to be listed as
insured or additional insured (and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them) under such
policies for losses and damages so caused. None of the
above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of
insurance held by Owner as trustee or otherwise payable
under any policy so issued.
B. Owner waives all rights against Contractor,
Subcontractors, and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for:
1. loss due to business interruption, loss of use,
or other consequential loss extending beyond direct
physical loss or damage to Owner's property or the Work
caused by, arising out of, or resulting from fire or other
perils whether or not insured by Owner; and
2. loss or damage to the completed Project or
part thereof caused by, arising out of, or resulting from
fire or other insured peril or cause of loss covered by any
property insurance maintained on the completed Project
or part thereof by Owner during partial utilization
pursuant to Paragraph 14.05, after Substantial Completion
pursuant to Paragraph 14.04, or after final payment
pursuant to Paragraph 14.07.
C. Any insurance policy maintained by Owner
covering any loss, damage or consequential loss referred
to in Paragraph 5.07.B shall contain provisions to the
effect that in the event of payment of any such loss,
damage, or consequential loss, the insurers will have no
rights of recovery against Contractor, Subcontractors, or
Engineer, and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of
insurance required by Paragraph 5.06 will be adjusted
with Owner and made payable to Owner as fiduciary for
the insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
Paragraph 5.08.B. Owner shall deposit in a separate
account any money so received and shall distribute it in
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached, the
damaged Work shall be repaired or replaced, the moneys
so received applied on account thereof, and the Work and
the cost thereof covered by an appropriate Change Order.
B. Owner as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within 15 days
after the occurrence of loss to Owner's exercise of this
power. If such objection be made, Owner as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach. If no
such agreement among the parties in interest is reached,
Owner as fiduciary shall adjust and settle the loss with the
insurers and, if required in writing by any party in
interest, Owner as fiduciary shall give bond for the proper
performance of such duties.
5.09 Acceptance of Bonds and Insurance; Option to
Replace
A. If either Owner or Contractor has any
objection to the coverage afforded by or other provisions
of the bonds or insurance required to be purchased and
maintained by the other party in accordance with Article 5
on the basis of non-conformance with the Contract
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Documents, the objecting party shall so notify the other
party in writing within 10 days after receipt of the
certificates (or other evidence requested) required by
Paragraph 2.01.B. Owner and Contractor shall each
provide to the other such additional information in respect
of insurance provided as the other may reasonably
request. If either party does not purchase or maintain all
of the bonds and insurance required of such party by the
Contract Documents, such party shall notify the other
party in writing of such failure to purchase prior to the
start of the Work, or of such failure to maintain prior to
any change in the required coverage. Without prejudice to
any other right or remedy, the other party may elect to
obtain equivalent bonds or insurance to protect such other
party's interests at the expense of the party who was
required to provide such coverage, and a Change Order
shall be issued to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property
Insurer
A. If Owner finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in Paragraph
14.05, no such use or occupancy shall commence before
the insurers providing the property insurance pursuant to
Paragraph 5.06 have acknowledged notice thereof and in
writing effected any changes in coverage necessitated
thereby. The insurers providing the property insurance
shall consent by endorsement on the policy or policies,
but the property insurance shall not be canceled or
permitted to lapse on account of any such partial use or
occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct
the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as
may be necessary to perform the Work in accordance with
the Contract Documents. Contractor shall be solely
responsible for the means, methods, techniques,
sequences, and procedures of construction. Contractor
shall not be responsible for the negligence of Owner or
Engineer in the design or specification of a specific
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents.
B. At all times during the progress of the Work,
Contractor shall assign a competent resident superin-
tendent who shall not be replaced without written notice
to Owner and Engineer except under extraordinary
circumstances. The superintendent will be Contractor's
representative at the Site and shall have authority to act on
behalf of Contractor. All communications given to or
received from the superintendent shall be binding on
Contractor.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably
qualified personnel to survey and layout the Work and
perform construction as required by the Contract Docu-
ments. Contractor shall at all times maintain good disci-
pline and order at the Site.
B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site
or adjacent thereto, and except as otherwise stated in the
Contract Documents, all Work at the Site shall be
performed during regular working hours. Contractor will
not permit the performance of Work on a Saturday,
Sunday, or any legal holiday without Owner's written
consent (which will not be unreasonably withheld) given
after prior written notice to Engineer.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract
Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone,
water, sanitary facilities, temporary facilities, and all other
facilities and incidentals necessary for the performance,
testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into
the Work shall be as specified or, if not specified, shall be
of good quality and new, except as otherwise provided in
the Contract Documents. All special warranties and
guarantees required by the Specifications shall expressly
run to the benefit of Owner. If required by Engineer,
Contractor shall furnish satisfactory evidence (including
reports of required tests) as to the source, kind, and
quality of materials and equipment.
C. All materials and equipment shall be stored,
applied, installed, connected, erected, protected, used,
cleaned, and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise may be
provided in the Contract Documents.
6.04 Progress Schedule
A. Contractor shall adhere to the Progress
Schedule established in accordance with Paragraph 2.07
as it may be adjusted from time to time as provided
below.
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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
? 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.A.1, it will be considered a
proposed substitute item.
6.05 Substitutes and "Or-Equals"
b. Contractor shall submit sufficient information
as provided below to allow Engineer to
determine that the item of material or equipment
proposed is essentially equivalent to that named
and an acceptable substitute therefor. Requests
for review of proposed substitute items of
material or equipment will not be accepted by
Engineer from anyone other than Contractor.
A. Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function, appearance, and
quality required. Unless the specification or description
contains or is followed by words reading that no like,
equivalent, or "or-equal" item or no substitution is
permitted, other items of material or equipment or
material or equipment of other Suppliers may be
submitted to Engineer for review under the circumstances
described below.
c. The requirements for review by Engineer will
be as set forth in Paragraph 6.05.A.2.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.A.l, 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
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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 Methods or Proce-
dures: If a specific means, method, technique, sequence,
or procedure of construction is expressly required by the
Contract Documents, Contractor may furnish or utilize a
substitute means, method, technique, sequence, or
procedure of construction approved by Engineer.
Contractor shall submit sufficient information to allow
Engineer, in Engineer's sole discretion, to determine that
the substitute proposed is equivalent to that expressly
called for by the Contract Documents. The requirements
for review by Engineer will be similar to those provided
in Paragraph 6.05.A.2.
C. Engineer's Evaluation: Engineer will be
allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A
and 6.05.B. Engineer may require Contractor to furnish
additional data about the proposed substitute item.
Engineer will be the sole judge of acceptability. No "or
equal" or substitute will be ordered, installed or utilized
until Engineer's review is complete, which will be
evidenced by either a Change Order for a substitute or an
approved Shop Drawing for an "or equaL" Engineer will
advise Contractor in writing of any negative
determination.
D. Special Guarantee: Owner may require
Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any
substitute.
Documents (or in the provIsions of any other direct
contract with Owner) resulting from the acceptance of
each proposed substitute.
F. Contractor's Expense: Contractor shall
provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.
6.06 Concerning Subcontractors, Suppliers, and
Others
A. Contractor shall not employ any Subcon-
tractor, Supplier, or other individual or entity (including
those acceptable to Owner as indicated in Paragraph
6.06.B), whether initially or as a replacement, against
whom Owner may have reasonable objection. Contractor
shall not be required to employ any Subcontractor,
Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has
reasonable objection.
B. If the Supplementary Conditions require the
identity of certain Subcontractors, Suppliers, or other
individuals or entities to be submitted to Owner in
advance for acceptance by Owner by a specified date
prior to the Effective Date of the Agreement, and if
Contractor has submitted a list thereof in accordance with
the Supplementary Conditions, Owner's acceptance
(either in writing or by failing to make written objection
thereto by the date indicated for acceptance or objection
in the Bidding Documents or the Contract Documents) of
any such Subcontractor, Supplier, or other individual or
entity so identified may be revoked on the basis of reason-
able objection after due investigation. Contractor shall
submit an acceptable replacement for the rejected
Subcontractor, Supplier, or other individual or entity, and
the Contract Price will be adjusted by the difference in the
cost occasioned by such replacement, and an appropriate
Change Order will be issued. No acceptance by Owner of
any such Subcontractor, Supplier, or other individual or
entity, whether initially or as a replacement, shall consti-
tute a waiver of any right of Owner or Engineer to reject
defective Work.
C. Contractor shall be fully responsible to Owner
and Engineer for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or
entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and
omissions. Nothing in the Contract Documents:
1. shall create for the benefit of any such
Subcontractor, Supplier, or other individual or entity any
contractual relationship between Owner or Engineer and
any such Subcontractor, Supplier or other individual or
entity, nor
E. Engineer's Cost Reimbursement: Engineer
will record Engineer's costs in evaluating a substitute
proposed or submitted by Contractor pursuant to
Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer
approves a substitute item so proposed or submitted by
Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents
charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or
substitute. Contractor shall also reimburse Owner for the Engineer to payor to see to the payment of any moneys
charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual
EJCDC C-700 Standard General Conditions of the Construction Contract.
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or entity except as may otherwise be required by Laws
and Regulations.
D. Contractor shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or indirect
contract with Contractor.
E. Contractor shall require all Subcontractors,
Suppliers, and such other individuals or entities per-
forming or furnishing any of the Work to communicate
with Engineer through Contractor.
F. The divisions and sections of the Specifica-
tions and the identifications of any Drawings shall not
control Contractor in dividing the Work among Subcon-
tractors or Suppliers or delineating the Work to be
performed by any specific trade.
G. All Work performed for Contractor by a
Subcontractor or Supplier will be pursuant to an appro-
priate agreement between Contractor and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
Owner and Engineer. Whenever any such agreement is
with a Subcontractor or Supplier who is listed as an
additional insured on the property insurance provided in
Paragraph 5.06, the agreement between the Contractor
and the Subcontractor or Supplier will contain provisions
whereby the Subcontractor or Supplier waives all rights
against Owner, Contractor, and Engineer" and all other
individuals or entities identified in the Supplementary
Conditions to be listed as insureds or additional insureds
(and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them)
for all losses and damages caused by, arising out of,
relating to, or resulting from any of the perils or causes of
loss covered by such policies and any other property
insurance applicable to the Work. If the insurers on any
such policies require separate waiver forms to be signed
by any Subcontractor or Supplier, Contractor will obtain
the same.
6.07
Patent Fees and Royalties
A. Contractor shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design, process, product, or device
which is the subject of patent rights or copyrights held by
others. If a particular invention, design, process, product,
or device is specified in the Contract Documents for use
in the performance of the Work and if to the actual
knowledge of Owner or Engineer its use is subject to
patent rights or copyrights calling for the payment of any
license fee or royalty to others, the existence of such
rights shall be disclosed by Owner in the Contract
Documents.
B. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to any infringement of patent rights or
copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of
any invention, design, process, product, or device not
specified in the Contract Documents.
6.08
Pennits
A. Unless otherwise provided in the Supple-
mentary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist
Contractor, when necessary, in obtaining such permits
and licenses. Contractor shall pay all governmental
charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening
of Bids, or, if there are no Bids, on the Effective Date of
the Agreement. Owner shall pay all charges of utility
owners for connections for providing permanent service
to the Work.
6.09
Laws and Regulations
A. Contractor shall give all notices required by
and shall comply with all Laws and Regulations applica-
ble to the performance of the Work. Except where
otherwise expressly required by applicable Laws and
Regulations, neither Owner nor Engineer shall be
responsible for monitoring Contractor's compliance with
any Laws or Regulations.
B. If Contractor performs any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs,
losses, and damages (including but not limited to all fees
and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations,
but this shall not relieve Contractor of Contractor's
obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at
the time of opening of Bids (or, on the Effective Date of
the Agreement if there were no Bids) having an effect on
the cost or time of performance of the Work shall be the
subject of an adjustment in Contract Price or Contract
Times. If Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of any
such adjustment, a Claim may be made therefor as
provided in Paragraph 10.05.
EJCDC C- 700 Standard General Conditions of the Construction Contract.
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6.10 Ta-,es
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 Peifonnance of the
Work: During the progress of the Work Contractor shall
keep the Site and other areas free from accumulations of
waste materials, rubbish, and other debris. Removal and
disposal of such waste materials, rubbish, and other debris
shall conform to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of
the Work Contractor shall clean the Site and the Work
and make it ready for utilization by Owner. At the com-
pletion of the Work Contractor shall remove from the Site
all tools, appliances, construction equipment and
machinery, and surplus materials and shall restore to
original condition all property not designated for
alteration by the Contract Documents.
D. Loading Structures: Contractor shall not load
nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall
Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
6.12 Record Documents
A. Contractor shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Change Orders, Work Change Directives, Field
Orders, and written interpretations and clarifications in
good order and annotated to show changes made during
construction. These record documents together with all
approved Samples and a counterpart of all approved Shop
Drawings will be available to Engineer for reference.
Upon completion of the Work, these record documents,
Samples, and Shop Drawings will be delivered to Engi-
neer for Owner.
6.13 Safety and Protection
A. Contractor shall be solely responsible for
initiating, maintaining and supervising all safety precau-
tions and programs in connection with the Work.
Contractor shall take all necessary precautions for the
safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected
by the Work;
2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off the
Site; and
3. other property at the Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
not designated for removal, relocation, or replacement in
the course of construction.
B. Contractor shall comply with all applicable
Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
Contractor shall notify owners of adjacent property and of
Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal,
relocation, and replacement of their property.
C. All damage, injury, or loss to any property
referred to in Paragraph 6.13.A.2 or 6.13.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-
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ings or Specifications or to the acts or orrussIons of
Owner or Engineer or , or anyone employed by any of
them, or anyone for whose acts any of them may be
liable, and not attributable, directly or indirectly, in whole
or in part, to the fault or negligence of Contractor or any
Subcontractor, Supplier, or other individual or entity
directly or indirectly employed by any of them).
D. Contractor's duties and responsibilities for
safety and for protection of the Work shall continue until
such time as all the Work is completed and Engineer has
issued a notice to Owner and Contractor in accordance
with Paragraph 14.07.B that the Work is acceptable
(except as otherwise expressly provided in connection
with Substantial Completion).
6.14 Safety Representative
A. Contractor shall designate a qualified and
experienced safety representative at the Site whose duties
and responsibilities shall be the prevention of accidents
and the maintaining and supervising of safety precautions
and programs.
6.15 Hazard Communication Programs
A. Contractor shall be responsible for coordi-
nating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the Site in accordance with Laws or
Regulations.
6.16
Emergencies
A. In emergencies affecting the safety or protec-
tion of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent
threatened damage, injury, or loss. Contractor shall give
Engineer prompt written notice if Contractor believes that
any significant changes in the Work or variations from the
Contract Documents have been caused thereby or are
required as a result thereof. If Engineer determines that a
change in the Contract Documents is required because of
the action taken by Contractor in response to such an
emergency, a Work Change Directive or Change Order
will be issued.
6.17 Shop Drawings and Samples
A. Contractor shall submit Shop Drawings and
Samples to Engineer for review and approval in accor-
dance with the acceptable Schedule of Submittals (as
required by Paragraph 2.07). Each submittal will be
identified as Engineer may require.
1. Shop Drawings
b. Data shown on the Shop Drawings will be
complete with respect to quantities, dimensions,
specified performance and design criteria,
materials, and similar data to show Engineer the
services, materials, and equipment Contractor
proposes to provide and to enable Engineer to
review the information for the limited purposes
required by Paragraph 6.17.D.
2. Samples: Contractor shall also submit
Samples to Engineer for review and approval in accor-
dance with the acceptable schedule of Shop Drawings and
Sample submittals.
a. Submit number of Samples specified in the
Specifications.
b. Clearly identify each Sample as to material,
Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as
Engineer may require to enable Engineer to
review the submittal for the limited purposes
required by Paragraph 6.17.D.
B. Where a Shop Drawing or Sample is required
by the Contract Documents or the Schedule of Submittals
, any related Work performed prior to Engineer's review
and approval of the pertinent submittal will be at the sole
expense and responsibility of Contractor.
C. Submittal Procedures
1. Before submitting each Shop Drawing or
Sample, Contractor shall have determined and verified:
a. all field measurements, quantities, dimensions,
specified performance and design criteria,
installation requirements, materials, catalog
numbers, and similar information with respect
thereto;
b. the suitability of all materials with respect to
intended use, fabrication, shipping, handling,
storage, assembly, and installation pertaining to
the performance of the Work;
c. all information relative to Contractor's
responsibilities for means, methods, techniques,
sequences, and procedures of construction, and
safety precautions and programs incident thereto;
and
d. shall also have reviewed and coordinated each
Shop Drawing or Sample
Drawings and Samples
requirements of the Work
Documents.
with other Shop
and with the
and the Contract
2. Each submittal shall bear a stamp or specific
written certification that Contractor has satisfied
Contractor's under the Contract Documents
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a. Submit number of copies specified m 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,
to the Progress Schedule during all disputes or attorneys, and other professionals and all court or
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with respect to Contractor's review and approval of that
submittal.
3. With each submittal, Contractor shall give
Engineer specific written notice of any variations, that the
Shop Drawing or Sample may have from the requirements
of the Contract Documents. This notice shall be both a
written communication separate from the Shop Drawing's
or Sample Submittal; and, in addition, by a specific
notation made on each Shop Drawing or Sample submit-
ted to Engineer for review and approval of each such
variation.
D. Engineer's Review
1. Engineer will provide timely review of Shop
Drawings and Samples in accordance with the Schedule
of Submittals acceptable to Engineer. Engineer's review
and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract Docu-
ments.
2. Engineer's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of con-
struction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
3. Engineer's review and approval shall not
relieve Contractor from responsibility for any variation
from the requirements of the Contract Documents unless
Contractor has complied with the requirements of
Paragraph 6.17.C.3 and Engineer has given written
approval of each such variation by specific written
notation thereof incorporated in or accompanying the
Shop Drawing or Sample. Engineer's review and approval
shall not relieve Contractor from responsibility for
complying with the requirements of Paragraph 6.17 .C.l.
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
disagreements with Owner. No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by Paragraph 15.04 or
as Owner and Contractor may otherwise agree in writing.
6.19 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to Owner
that all Work will be in accordance with the Contract
Documents and will not be defective. Engineer and its
Related Entities shall be entitled to rely on representation
of Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee
hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance
or operation by persons other than Contractor, Sub-
contractors, Suppliers, or any other individual or entity for
whom Contractor is responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the Contract Documents or a release of Contractor's
obligation to perform the Work in accordance with the
Contract Documents:
1. observations by Engineer;
2. recommendation by Engineer or payment by
Owner of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by Engineer or any payment related thereto
by Owner;
4. use or occupancy of the Work or any part
thereof by Owner;
5. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by Engineer;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by Owner.
6.20
Indemnification
arbitration or other dispute resolution costs) arising out of
or relating to the performance of the Work, provided that
any such claim, cost, loss, or damage is attributable to
bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work
itself), including the loss of use resulting therefrom but
only to the extent caused by any negligent act or omission
of Contractor, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any
of them to perform any of the Work or anyone for whose
acts any of them may be liable.
B. In any and all claims against Owner or
Engineer or any of their respective consultants, agents,
officers, directors, partners, or employees by any employ-
ee (or the survivor or personal representative of such
employee) of Contractor, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, the
indemnification obligation under Paragraph 6.20.A shall
not be limited in any way by any limitation on the amount
or type of damages, compensation, or benefits payable by
or for Contractor or any such Subcontractor, Supplier, or
other individual or entity under workers' compensation
acts, disability benefit acts, or other employee benefit
acts.
C. The indemnification obligations of Contractor
under Paragraph 6.20.A shall not extend to the liability of
Engineer and Engineer's officers, directors, partners,
employees, agents, consultants and subcontractors arising
out of:
1. the preparation or approval of, or the failure to
prepare or approve, maps, Drawings, opinions, reports,
surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to
give them, if that is the primary cause of the injury or
damage.
6.21
Delegation of Professional Design Services
A. Contractor will not be required to provide
professional design services unless such services are
specifically required by the Contract Documents for a
portion of the Work or unless such services are required
to carry out Contractor's responsibilities for construction
means, methods, techniques, sequences and procedures.
Contractor shall not be required to provide professional
services in violation of applicable law.
shall appear on all drawings, calculations, specifications,
certifications, Shop Drawings and other submittals
prepared by such professional. Shop Drawings and other
submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such
professional's written approval when submitted to
Engineer.
C. Owner and Engineer shall be entitled to rely
upon the adequacy, accuracy and completeness of the
services, certifications or approvals performed by such
design professionals, provided Owner and Engineer have
specified to Contractor all performance and design criteria
that such services must satisfy.
D. Pursuant to this Paragraph 6.21, Engineer's
review and approval of design calculations and design
drawings will be only for the limited purpose of checking
for conformance with performance and design criteria
given and the design concept expressed in the Contract
Documents. Engineer's review and approval of Shop
Drawings and other submittals (except design calculations
and design drawings) will be only for the purpose stated
in Paragraph 6.17.D.1.
E. Contractor shall not be responsible for the
adequacy of the performance or design criteria required
by the Contract Documents.
ARTICLE 7 - OTHER WORK AT THE SITE
7.01 Related Work at Site
A. Owner may perform other work related to the
Project at the Site with Owner's employees, or via other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
1. written notice thereof will be given to
Contractor prior to starting any such other work; and
2. if Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of
any adjustment in the Contract Price or Contract Times
that should be allowed as a result of such other work, a
Claim may be made therefor as provided in Paragraph
10.05.
B. Contractor shall afford each other contractor
who is a party to such a direct contract, each utility owner
B. If professional design services or and Owner, if Owner is performing other work with
certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a
materials or equipment are specifically required of reasonable opportunity for the introduction and storage of
Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other
Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs.
that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the
such services or certifications to be provided by a Work that may be required to properly connect or
properly licensed professional, whose signature and seal otherwise make its several parts come together and
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properly integrate with such other work. Contractor shall
not endanger any work of others by cutting, excavating,
or otherwise altering their work and will only cut or alter
their work with the written consent of Engineer and the
others whose work will be affected. The duties and
responsibilities of Contractor under this Paragraph are for
the benefit of such utility owners and other contractors to
the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between
Owner and such utility owners and other contractors.
C. If the proper execution or results of any part
of Contractor's Work depends upon work performed by
others under this Article 7, Contractor shall inspect such
other work and promptly report to Engineer in writing any
delays, defects, or deficiencies in such other work that
render it unavailable or unsuitable for the proper
execution and results of Contractor's Work. Contractor's
failure to so report will constitute an acceptance of such
other work as fit and proper for integration with
Contractor's Work except for latent defects and
deficiencies in such other work.
7.02 Coordination
A. If Owner intends to contract with others for
the performance of other work on the Project at the Site,
the following will be set forth in Supplementary Condi-
tions:
1. the individual or entity who will have
authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such
authority and responsibility will be itemized; and
3. the extent of such authority and responsibili-
ties will be provided.
B. Unless otherwise provided in the
Supplementary Conditions, Owner shall have sole
authority and responsibility for such coordination.
7.03
Legal Relationships
A. Paragraphs 7.01.A and 7.02 are not applicable
for utilities not under the control of Owner.
B. Each other direct contract of Owner under
Paragraph 7.0 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.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General
Conditions, Owner shall issue all communications to
Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of termination of the employment of
Engineer, Owner shall appoint an engineer to whom
Contractor makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
Engineer.
8.03 Furnish Data
A. Owner shall promptly furnish the data
required of Owner under the Contract Documents.
8.04 Pay When Due
A. Owner shall make payments to Contractor
when they are due as provided in Paragraphs 14.02.C and
14.07.C.
8.05 Lands and Easements; Reports and Tests
A. Owner's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01
and 4.05. Paragraph 4.02 refers to Owner's identifying
and making available to Contractor copies of reports of
explorations and tests of subsurface conditions and
drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the
Site that have been utilized by Engineer in preparing the
Contract Documents.
8.06
Insurance
A. Owner's responsibilities, if any, in respect to
purchasing and maintaining liability and property insur-
ance are set forth in Article 5.
8.07
Change Orders
A. Owner is obligated to execute Change Orders
as indicated in Paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. Owner's responsibility in respect to certain
inspections, tests, and approvals is set forth in Paragraph
13.03.B.
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8.09
Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have
control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of Contractor
to comply with Laws and Regulations applicable to the
performance of the Work. Owner will not be responsible
for Contractor's failure to perform the Work in
accordance with the Contract Documents.
8.10 Undisclosed
Condition
Hazardous
Environmental
A. Owner's responsibility in respect to an undis-
closed Hazardous Environmental Condition is set forth in
Paragraph 4.06.
8.11 Evidence of Financial Arrangements
A. If and to the extent Owner has agreed to
furnish Contractor reasonable evidence that financial
arrangements have been made to satisfy Owner's
obligations under the Contract Documents, Owner's
responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 Owner's Representative
A. Engineer will be Owner's representative
during the construction period. The duties and responsi-
bilities and the limitations of authority of Engineer as
Owner's representative during construction are set forth
in the Contract Documents and will not be changed
without written consent of Owner and Engineer.
9.02 Visits to Site
A. Engineer will make visits to the Site at inter-
vals appropriate to the various stages of construction as
Engineer deems necessary in order to observe as an
experienced and qualified design professional the
progress that has been made and the quality of the various
aspects of Contractor's executed Work. Based on
information obtained during such visits and observations,
Engineer, for the benefit of Owner, will determine, in
general, if the Work is proceeding in accordance with the
Contract Documents. Engineer will not be required to
make exhaustive or continuous inspections on the Site to
check the quality or quantity of the Work. Engineer's
efforts will be directed toward providing for Owner a
greater degree of confidence that the completed Work will
conform generally to the Contract Documents. On the
basis of such visits and observations, Engineer will keep
Owner informed of the progress of the Work and will
endeavor to guard Owner against defective Work.
B. Engineer's visits and observations are subject
to all the limitations on Engineer's authority and
responsibility set forth in Paragraph 9.09. Particularly, but
without limitation, during or as a result of Engineer's
visits or observations of Contractor's Work Engineer will
not supervise, direct, control, or have authority over or be
responsible for Contractor's means, methods, techniques,
sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of Contractor to comply with Laws and
Regulations applicable to the performance of the Work.
9.03 Project Representative
A. If Owner and Engineer agree, Engineer will
furnish a Resident Project Representative to assist
Engineer in providing more extensive observation of the
Work. The authority and responsibilities of any such
Resident Project Representative and assistants will be as
provided in the Supplementary Conditions, and
limitations on the responsibilities thereof will be as
provided in Paragraph 9.09. If Owner designates another
representative or agent to represent Owner at the Site who
is not Engineer's consultant, agent or employee, the
responsibilities and authority and limitations thereon of
such other individual or entity will be as provided in the
Supplementary Conditions.
9.04 Authorized Variations in Work
A. Engineer may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract Docu-
ments. These may be accomplished by a Field Order and
will be binding on Owner and also on Contractor, who
shall perform the Work involved promptly. If Owner or
Contractor believes that a Field Order justifies an
adjustment in the Contract Price or Contract Times, or
both, and the parties are unable to agree on entitlement to
or on the amount or extent, if any, of any such adjustment
, a Claim may be made therefor as provided in Paragraph
10.05.
9.05 Rejecting Defective Work
A. Engineer will have authority to reject Work
which Engineer believes to be defective, or that Engineer
believes will not produce a completed Project that
conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed
Project as a functioning whole as indicated by the
Contract Documents. Engineer will also have authority to
require special inspection or testing of the Work as
provided in Paragraph 13.04, whether or not the Work is
fabricated, installed, or completed.
EJCDC C-700 Standard General Conditions of the Construction Contract.
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9.06
Shop Drawings, Change Orders and Payments
A. In connection with Engineer's authority, and
limitations thereof, as to Shop Drawings and Samples, see
Paragraph 6.17.
B. In connection with Engineer's authority, and
limitations thereof, as to design calculations and design
drawings submitted in response to a delegation of
professional design services, if any, see Paragraph 6.21.
C. In connection with Engineer's authority as to
Change Orders, see Articles 10, 11, and 12.
D. In connection with Engineer's authority as to
Applications for Payment, see Article 14.
9.07 Detenninations for Unit Price Work
A. Engineer will determine the actual quantities
and classifications of Unit Price Work performed by
Contractor. Engineer will review with Contractor the
Engineer's preliminary determinations on such matters
before rendering a written decision thereon (by
recommendation of an Application for Payment or
otherwise). Engineer's written decision thereon will be
final and binding (except as modified by Engineer to
reflect changed factual conditions or more accurate data)
upon Owner and Contractor, subject to the provisions of
Paragraph 10.05.
9.08 Decisions on Requirements of Contract
Documents and Acceptability of Work
A. Engineer will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. All matters in
question and other matters between Owner and Contractor
arising prior to the date final payment is due relating to
the acceptability of the Work, and the interpretation of the
requirements of the Contract Documents pertaining to the
performance of the Work, will be referred initially to
Engineer in writing within 30 days of the event giving rise
to the question
B. Engineer will, with reasonable promptness,
render a written decision on the issue referred. If Owner
or Contractor believe that any such decision entitles them
to an adjustment in the Contract Price or Contract Times
or both, a Claim may be made under Paragraph 10.05.
The date of Engineer's decision shall be the date of the
event giving rise to the issues referenced for the purposes
of Paragraph 1O.05.B.
C. Engineer's written decision on the issue
referred will be final and binding on Owner and
Contractor, subject to the provisions of Paragraph 10.05.
partiality to Owner or Contractor and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity.
9.09 Limitations on Engineer's Authority and
Responsibilities
A. Neither Engineer's authority or responsibility
under this Article 9 or under any other provision of the
Contract Documents nor any decision made by Engineer
in good faith either to exercise or not exercise such
authority or responsibility or the undertaking, exercise, or
performance of any authority or responsibility by
Engineer shall create, impose, or give rise to any duty in
contract, tort, or otherwise owed by Engineer to
Contractor, any Subcontractor, any Supplier, any other
individual or entity, or to any surety for or employee or
agent of any of them.
B. Engineer will not supervise, direct, control, or
have authority over or be responsible for Contractor's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of Contractor to
comply with Laws and Regulations applicable to the
performance of the Work. Engineer will not be respon-
sible for Contractor's failure to perform the Work in
accordance with the Contract Documents.
C. Engineer will not be responsible for the acts
or omissions of Contractor or of any Subcontractor, any
Supplier, or of any other individual or entity performing
any of the Work.
D. Engineer's review of the final Application for
Payment and accompanying documentation and all
maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, tests and
approvals, and other documentation required to be
delivered by Paragraph 14.07.A will only be to determine
generally that their content complies with the require-
ments of, and in the case of certificates of inspections,
tests, and approvals that the results certified indicate
compliance with the Contract Documents.
E. The limitations upon authority and responsi-
bility set forth in this Paragraph 9.09 shall also apply to,
the Resident Project Representative, if any, and assistants,
if any.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without
notice to any surety, Owner may, at any time or from time
to time, order additions, deletions, or revisions in the
D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive.
under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall
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promptly proceed with the Work involved which will be
performed under the applicable conditions of the Contract
Documents (except as otherwise specifically provided).
B. If Owner and Contractor are unable to agree
on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or
both, that should be allowed as a result of a Work Change
Directive, a Claim may be made therefor as provided in
Paragraph 10.05.
10.02 Unauthorized Changes in the Work
A.Contractor shall not be entitled to an increase
m the Contract Price or an extension of the Contract
Times with respect to any work performed that is not
required by the Contract Documents as amended,
modified, or supplemented as provided in Paragraph 3.04,
except in the case of an emergency as provided in
Paragraph 6.16 or in the case of uncovering Work as
provided in Paragraph 13.04.B.
10.03 Execution of Change Orders
A. Owner and Contractor shall execute appropri-
ate Change Orders recommended by Engineer covering:
1. changes in the Work which are: (i) ordered by
Owner pursuant to Paragraph 1O.01.A, (ii) required
because of acceptance of defective Work under Paragraph
13.08.A or Owner's correction of defective Work under
Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract
Times which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually
performed in accordance with a Work Change Directive;
and
3. changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by Engineer pursuant to Paragraph
10.05; provided that, in lieu of executing any such
Change Order, an appeal may be taken from any such
decision in accordance with the provisions of the Contract
Documents and applicable Laws and Regulations, but
during any such appeal, Contractor shall carryon the
Work and adhere to the Progress Schedule as provided in
Paragraph 6.18.A.
10.04 Notification to Surety
A. If notice of any change affecting the general
scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price
or Contract Times) is required by the provisions of any
bond to be given to a surety, the giving of any such notice
will be Contractor's responsibility. The amount of each
applicable bond will be adjusted to reflect the effect of
any such change.
10.05 Claims
A. Engineer's Decision Required: All Claims,
except those waived pursuant to Paragraph 14.09, shall be
referred to the Engineer for decision. A decision by
Engineer shall be required as a condition precedent to any
exercise by Owner or Contractor of any rights or remedies
either may otherwise have under the Contract Documents
or by Laws and Regulations in respect of such Claims.
B. Notice: Written notice stating the general
nature of each Claim, shall be delivered by the claimant to
Engineer and the other party to the Contract promptly (but
in no event later than 30 days) after the start of the event
giving rise thereto. The responsibility to substantiate a
Claim shall rest with the party making the Claim. Notice
of the amount or extent of the Claim, with supporting data
shall be delivered to the Engineer and the other party to
the Contract within 60 days after the start of such event
(unless Engineer allows additional time for claimant to
submit additional or more accurate data in support of such
Claim). A Claim for an adjustment in Contract Price shall
be prepared in accordance with the provisions of
Paragraph 12.01.B. A Claim for an adjustment in Contract
Time shall be prepared in accordance with the provisions
of Paragraph 12.02.B. Each Claim shall be accompanied
by claimant's written statement that the adjustment
claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The
opposing party shall submit any response to Engineer and
the claimant within 30 days after receipt of the claimant's
last submittal (unless Engineer allows additional time).
C. Engineer's Action: Engineer will review each
Claim and, within 30 days after receipt of the last
submittal of the claimant or the last submittal of the
opposing party, if any, take one of the following actions
in writing:
1. deny the Claim in whole or in part,
2. approve the Claim, or
3. notify the parties that the Engineer is unable to
resolve the Claim if, in the Engineer's sole discretion, it
would be inappropriate for the Engineer to do so. For
purposes of further resolution of the Claim, such notice
shall be deemed a denial.
D. In the event that Engineer does not take action
on a Claim within said 30 days, the Claim shall be
deemed denied.
E. Engineer's written action under Paragraph
1O.05.C or denial pursuant to Paragraphs 1O.05.C.3 or
1O.05.D will be final and binding upon Owner and
Contractor, unless Owner or Contractor invoke the
dispute resolution procedure set forth in Article 16 within
30 days of such action or denial.
EJCDC C-700 Standard General Conditions of the Construction
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F. No Claim for an adjustment in Contract Price
or Contract Times will be valid if not submitted in
accordance with this Paragraph 10.05.
ARTICLE 11 COST OF THE WORK;
ALLOWANCES; 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 11.01.B.
1. Payroll costs for employees in the direct
employ of Contractor in the performance of the Work
under schedules of job classifications agreed upon by
Owner and Contractor. Such employees shall include,
without limitation, superintendents, foremen, and other
personnel employed full time at the Site. Payroll costs for
employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work.
Payroll costs shall include, but not be limited to, salaries
and wages plus the cost of fringe benefits, which shall
include social security contributions, unemployment,
excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and
holiday pay applicable thereto. The expenses of
performing Work outside of regular working hours, on
Saturday, Sunday, or legal holidays, shall be included in
the above to the extent authorized by Owner.
2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to Contractor unless Owner
deposits funds with Contractor with which to make pay-
ments, in which case the cash discounts shall accrue to
Owner. All trade discounts, rebates and refunds and
returns from sale of surplus materials and equipment shall
accrue to Owner, and Contractor shall make provisions so
that they may be obtained.
Contractor and shall deliver such bids to Owner, who will
then determine, with the advice of Engineer, which bids,
if any, will be acceptable. If any subcontract provides that
the Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work
and fee shall be determined in the same manner as
Contractor's Cost of the Work and fee as provided in this
Paragraph 11.01.
4. Costs of special consultants (including but not
limited to Engineers, architects, testing laboratories,
surveyors, attorneys, and accountants) employed for
services specifically related to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation,
travel, and subsistence expenses of Contractor's
employees incurred in discharge of duties
connected with the Work.
b. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary
facilities at the Site, and hand tools not owned by
the workers, which are consumed in the perfor-
mance of the Work, and cost, less market value,
of such items used but not consumed which
remain the property of Contractor.
c. Rentals of all construction equipment and
machinery, and the parts thereof whether rented
from Contractor or others in accordance with
rental agreements approved by Owner with the
advice of Engineer, and the costs of
transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs
shall be in accordance with the terms of said
rental agreements. The rental of any such equip-
ment, machinery, or parts shall cease when the
use thereof is no longer necessary for the Work.
d. Sales, consumer, use, and other similar taxes
related to the Work, and for which Contractor is
liable, imposed by Laws and Regulations.
e. Deposits lost for causes other than negligence
of Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable, and
royalty payments and fees for permits and
licenses.
f. Losses and damages (and related expenses)
caused by damage to the Work, not compensated
by insurance or otherwise, sustained by
Contractor in connection with the performance
3. Payments made by Contractor to of the Work (except losses and damages within
Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance
required by Owner, Contractor shall obtain competitive established in accordance with Paragraph
bids from subcontractors acceptable to Owner and 5.06.D), provided such losses and damages have
EJCDC C.700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
resulted from causes other than the negligence of
Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such
losses shall include settlements made with the
written consent and approval of Owner. No such
losses, damages, and expenses shall be included
in the Cost of the Work for the purpose of
determining Contractor's fee.
g. The cost of utilities, fuel, and sanitary
facilities at the Site.
h. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
Site, expresses, and similar petty cash items in
connection with the Work.
i. The costs of premiums for all bonds and
insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work
shall not include any of the following items:
1. Payroll costs and other compensation of
Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers,
safety managers, engineers, architects, estimators, attor-
neys, auditors, accountants, purchasing and contracting
agents, expediters, timekeepers, clerks, and other
personnel employed by Contractor, whether at the Site or
in Contractor's principal or branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of job classifications referred
to in Paragraph 11.01.A.l or specifically covered by
Paragraph 11.01.A.4, all of which are to be considered
administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch
offices other than Contractor's office at the Site.
3. Any part of Contractor's capital expenses,
including interest on Contractor's capital employed for
the Work and charges against Contractor for delinquent
payments.
4. Costs due to the negligence of Contractor, any
Subcontractor, or anyone directly or indirectly employed
by any of them or for whose acts any of them may be
liable, including but not limited to, the correction of
defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to
property .
be determined as set forth in the Agreement. When the
value of any Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined
on the basis of Cost of the Work, Contractor's fee shall be
determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the
Work for any purpose is to be determined pursuant to
Paragraphs 11.0 I.A and 11.0 I.B, Contractor will establish
and maintain records thereof in accordance with generally
accepted accounting practices and submit in a form
acceptable to Engineer an itemized cost breakdown
together with supporting data.
11.02 Allowances
A. It is understood that Contractor has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be performed for such sums and by such persons or
entities as may be acceptable to Owner and Engineer.
B. Cash Allowances
1. Contractor agrees that:
a. the cash allowances include the cost to
Contractor (less any applicable trade discounts)
of materials and equipment required by the
allowances to be delivered at the Site, and all
applicable taxes; and
b. Contractor's costs for unloading and handling
on the Site, labor, installation, overhead, profit,
and other expenses contemplated for the cash
allowances have been included in the Contract
Price and not in the allowances, and no demand
for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance
1. Contractor agrees that a contingency
allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
D. Prior to final payment, an appropriate Change
Order will be issued as recommended by Engineer to
reflect actual amounts due Contractor on account of Work
covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the unit price
for each separately identified item of Unit Price Work
C. Contractor's Fee: When all the Work is times the estimated quantity of each item as indicated in
performed on the basis of cost-plus, Contractor's fee shall the Agreement.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
5. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in Paragraphs 11.0 I.A and 11.0 I.B.
B. The estimated quantitIes of items of Unit
Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial
Contract Price. Determinations of the actual quantities
and classifications of Unit Price Work performed by
Contractor will be made by Engineer subject to the
provisions of Paragraph 9.07.
C. Each unit price will be deemed to include an
amount considered by Contractor to be adequate to cover
Contractor's overhead and profit for each separately
identified item.
D. Owner or Contractor may make a Claim for
an adjustment in the Contract Price in accordance with
Paragraph 10.05 if:
1. the quantity of any item of Unit Price Work
performed by Contractor differs materially and signifi-
cantly from the estimated quantity of such item indicated
in the Agreement; and
2. there is no corresponding adjustment with
respect any other item of Work; and
3. Contractor believes that Contractor is entitled
to an increase in Contract Price as a result of having
incurred additional expense or Owner believes that Owner
is entitled to a decrease in Contract Price and the parties
are unable to agree as to the amount of any such increase
or decrease.
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a
Change Order. Any Claim for an adjustment in the
Contract Price shall be based on written notice submitted
by the party making the Claim to the Engineer and the
other party to the Contract in accordance with the
provisions of Paragraph 10.05.
B. The value of any Work covered by a Change
Order or of any Claim for an adjustment in the Contract
Price will be determined as follows:
1. where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of such unit prices to the quantities of the items
involved (subject to the provisions of Paragraph 11.03);
or
2. where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily m
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 11.01.A.l
and 11.01.A.2, the Contractor's fee shall be 15
percent;
b. for costs incurred under Paragraph 11.01.A.3,
the Contractor's fee shall be five percent;
c. where one or more tiers of subcontracts are on
the basis of Cost of the Work plus a fee and no
fixed fee is agreed upon, the intent of Paragraph
12.01.C.2.a is that the Subcontractor who
actually performs the Work, at whatever tier, will
be paid a fee of 15 percent of the costs incurred
by such Subcontractor under Paragraphs
11.01.A.1 and 11.01.A.2 and that any higher tier
Subcontractor and Contractor will each be paid a
fee of five percent of the amount paid to the next
lower tier Subcontractor;
d. no fee shall be payable on the basis of costs
itemized under Paragraphs 11.01.A.4, 11.01.A.5,
and 11.01.B;
e. the amount of credit to be allowed by
Contractor to Owner for any change which
results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal
to five percent of such net decrease; and
f. when both additions and credits are involved
in anyone change, the adjustment in
Contractor's fee shall be computed on the basis
of the net change in accordance with Paragraphs
12.01.C.2.a through 12.01.C.2.e, inclusive.
12.02
Change of Contract Times
A. The Contract Times may only be changed by
a Change Order. Any Claim for an adjustment in the
Contract Times shall be based on written notice submitted
EJ CDC C.700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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 AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
Owner or Engineer has actual knowledge will be given to
Contractor. All defective Work may be rejected,
corrected, or accepted as provided in this Article 13.
13.02 Access to Work
A. Owner, Engineer, their consultants and other
representatives and personnel of Owner, independent
testing laboratories, and governmental agencies with
jurisdictional interests will have access to the Site and the
Work at reasonable times for their observation,
inspecting, and testing. Contractor shall provide them
proper and safe conditions for such access and advise
them of Contractor's Site safety procedures and programs
so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. Contractor shall give Engineer timely notice
of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
B. Owner shall employ and pay for the services
of an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
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
EJCDC 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 Work is covered contrary to the written
request of Engineer, it must, if requested by Engineer, be
uncovered for Engineer's observation and replaced at
Contractor's expense.
B. If Engineer considers it necessary or advisable
that covered Work be observed by Engineer or inspected
or tested by others, Contractor, at Engineer's request,
shall uncover, expose, or otherwise make available for
observation, inspection, or testing as Engineer may
require, that portion of the Work in question, furnishing
all necessary labor, material, and equipment.
C. If it is found that the uncovered Work is
defective, Contractor shall pay all claims, costs, losses,
and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such
uncovering, exposure, observation, inspection, and
testing, and of satisfactory replacement or reconstruction
(including but not limited to all costs of repair or
replacement of work of others); and Owner shall be
entitled to an appropriate decrease in the Contract Price. If
the parties are unable to agree as to the amount thereof,
Owner may make a Claim therefor as provided in
Paragraph 10.05.
D. If, the uncovered Work is not found to be
defective, Contractor shall be allowed an increase in the
Contract Price or an extension of the Contract Times, or
both, directly attributable to such uncovering, exposure,
observation, inspection, testing, replacement, and
reconstruction. If the parties are unable to agree as to the
amount or extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
13.05 Owner May Stop the Work
A. If the Work is defective, or Contractor fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way
that the completed Work will conform to the Contract
Documents, Owner may order Contractor to stop the
Work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of Owner
to stop the Work shall not give rise to any duty on the part
of Owner to exercise this right for the benefit of
Contractor, any Subcontractor, any Supplier, any other
individual or entity, or any surety for, or employee or
agent of any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of notice, Contractor
shall correct all defective Work, whether or not
fabricated, installed, or completed, or, if the Work has
been rejected by Engineer, remove it from the Project and
replace it with Work that is not defective. Contractor shall
pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to such correction or removal (including but
not limited to all costs of repair or replacement of work of
others).
B. When correcting defective Work under the
terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or
otherwise impair Owner's special warranty and guarantee,
if any, on said Work.
13.07 Correction Period
A. If within one year after the date of Substantial
Completion (or such longer period of time as may be
prescribed by the terms of any applicable special
guarantee required by the Contract Documents) or by any
specific provision of the Contract Documents, any Work
is found to be defective, or if the repair of any damages to
the land or areas made available for Contractor's use by
Owner or permitted by Laws and Regulations as
contemplated in Paragraph 6.11.A is found to be
defective, Contractor shall promptly, without cost to
Owner and in accordance with Owner's written
instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by
Owner, remove it from the Project and replace it with
Work that is not defective, and
4. satisfactorily correct or repair or remove and
replace any damage to other Work, to the work of others
or other land or areas resulting therefrom.
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Copyright @ 2002 National Society of Professional Engineers for EJCDC. 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 lV1ay 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 accord~nce with
the Contract Documents, or if Contractor fails to comply
with any other provision of the Contract Documents,
Owner may, after seven days written notice to Contractor,
correct or remedy any such deficiency.
B. In exercising the rights and remedies under
this Paragraph 13.09, Owner shall proceed expeditiously.
In connection with such corrective or remedial action,
Owner may exclude Contractor from all or part of the
Site, take possession of all or part of the Work and
suspend Contractor's services related thereto, take posses-
sion of Contractor's tools, appliances, construction
equipment and machinery at the Site, and incorporate in
the Work all materials and equipment stored at the Site or
for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Owner's
representatives, agents and employees, Owner's other
contractors, and Engineer and Engineer's consultants
access to the Site to enable Owner to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred or sustained by Owner in exercising the
rights and remedies under this Paragraph 13.09 will be
charged against Contractor, and a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and Owner
shall be entitled to an appropriate decrease in the Contract
Price. If the parties are unable to agree as to the amount of
the adjustment, Owner may make a Claim therefor as
provided in Paragraph 10.05. Such claims, costs, losses
and damages will include but not be limited to all costs of
repair, or replacement of work of others destroyed or
damaged by correction, removal, or replacement of
Contractor's defective Work.
D. Contractor shall not be allowed an extension
of the Contract Times because of any delay in the
performance of the Work attributable to the exercise by
Owner of Owner's rights and remedies under this
Paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
CONIPLETION
14.01 Schedule of Values
A. The Schedule of Values established as provid-
ed in 2.07.A will serve as the basis for
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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 Pr:ice 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.
Cop)'Tight @ 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 defective, or completed Work has
been damaged, requiring correction or replace-
ment;
b. the Contract Price has been reduced by
Change Orders;
c. Owner has been required to correct defective
Work or complete Work in accordance with
Paragraph 13.09; or
d. Engineer has actual knowledge of the
occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the Application
for Payment to Owner with Engineer's recommendation,
the amount recommended will (subject to the provisions
of Paragraph 14.02.D) become due, and when due will be
paid by Owner to Contractor.
D. Reduction in Payment
1. Owner may refuse to make payment of the full
amount recommended by Engineer because:
a. claims have been made against Owner on
account of Contractor's performance or furnish-
ing of the Work;
b. Liens have been filed in connection with the
Work, except where Contractor has delivered a
specific bond satisfactory to Owner to secure the
satisfaction and discharge of such Liens;
c. there are other items entitling Owner to a
set-off against the amount recommended; or
d. Owner has actual knowledge of the occurrence
of any of the events enumerated in Paragraphs
14.02.B.5.a through 14.02.B.5.c or Paragraph
15.02.A.
2. If Owner refuses to make payment of the full
amount recommended by Engineer, Owner will give
Contractor immediate written notice (with a copy to
Engineer) stating the reasons for such action and promptly
pay Contractor any amount remaining after deduction of
the amount so withheld. Owner shall promptly pay
Contractor the amount so withheld, or any adjustment
thereto agreed to by Owner and Contractor, when
Contractor corrects to Owner's satisfaction the reasons for
such action.
3. If it is subsequently determined that Owner's
refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as
determined by Paragraph 14.02.C.1.
14.03 Contractor's 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) reflecting such changes from the tentative certificate
as Engineer believes justified after consideration of any
objections from Owner.
D. At the time of delivery of the tentative
certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written recommen-
dation as to division of responsibilities pending final
payment between Owner and Contractor with respect to
security, operation, safety, and protection of the Work,
maintenance, heat, utilities, insurance, and warranties and
guarantees. Unless Owner and Contractor agree otherwise
in writing and so inform Engineer in writing prior to
Engineer's issuing the definitive certificate of Substantial
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
Completion, Engineer's aforesaid recommendation will
be binding on Owner and Contractor until final payment.
E. Owner shall have the right to exclude
Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable
access to complete or correct items on the tentative list.
14.05 Partial Utilization
A. Prior to Substantial Completion of all the
Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been
identified in the Contract Documents, or which Owner,
Engineer, and Contractor agree constitutes a separately
functioning and usable part of the Work that can be used
by Owner for its intended purpose without significant
interference with Contractor's performance of the
remainder of the Work, subject to the following condi-
tions.
1. Owner at any time may request Contractor in
writing to permit Owner to use or occupy any such part of
the Work which Owner believes to be ready for its
intended use and substantially complete. If and when
Contractor agrees that such part of the Work is
substantially complete, Contractor will certify to Owner
and Engineer that such part of the Work is substantially
complete and request Engineer to issue a certificate of
Substantial Completion for that part of the Work.
2. Contractor at any time may notify Owner and
Engineer in writing that Contractor considers any such
part of the Work ready for its intended use and substan-
tially complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such
request, Owner, Contractor, and Engineer shall make an
inspection of that part of the Work to determine its status
of completion. If Engineer does not consider that part of
the Work to be substantially complete, Engineer will
notify Owner and Contractor in writing giving the reasons
therefor. If Engineer considers that part of the Work to be
substantially complete, the provisions of Paragraph 14.04
will apply with respect to certification of Substantial
Completion of that part of the Work and the division of
responsibility in respect thereof and access thereto.
4. No use or occupancy or separate operation of
part of the Work may occur prior to compliance with the
requirements of Paragraph 5.10 regarding property
insurance.
14.06 Final Inspection
that the Work is incomplete or defective. Contractor shall
immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
14.07 Final Payment
A. Application for Payment
1. After Contractor has, in the opmIon of
Engineer, satisfactorily completed all corrections
identified during the final inspection and has delivered, in
accordance with the Contract Documents, all maintenance
and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance certificates of
inspection, marked-up record documents (as provided in
Paragraph 6.12), and other documents, Contractor may
make application for final payment following the
procedure for progress payments.
2. The final Application for Payment shall be
accompanied (except as previously delivered) by:
a. all documentation called for in the Contract
Documents, including but not limited to the
evidence of insurance required by Paragraph
5.04.B.7;
b. consent of the surety, if any, to final payment;
c. a list of all Claims against Owner that
Contractor believes are unsettled; and
d. complete and legally effective releases or
waivers (satisfactory to Owner) of all Lien rights
arising out of or Liens filed in connection with
the Work.
3. In lieu of the releases or waivers of Liens
specified in Paragraph 14.07.A.2 and as approved by
Owner, Contractor may furnish receipts or releases in full
and an affidavit of Contractor that: (i) the releases and
receipts include all labor, services, material, and
equipment for which a Lien could be filed; and (ii) all
payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner
or Owner's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
Contractor may furnish a bond or other collateral
satisfactory to Owner to indemnify Owner against any
Lien.
B. Engineer's Review of Application and
Acceptance
1. If, on the basis of Engineer's observation of
A. Upon written notice from Contractor that the the Work during construction and final inspection, and
entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment
Engineer will promptly make a final inspection with and accompanying documentation as required by the
Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work
writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations
EJCDC C-700 Standard General Conditions of the Construction Contract.
Cop)'Tight @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
under the Contract Documents have been fulfilled,
Engineer will, within ten days after receipt of the final
Application for Payment, indicate in writing Engineer's
recommendation of payment and present the Application
for Payment to Owner for payment. At the same time
Engineer will also give written notice to Owner and
Contractor that the Work is acceptable subject to the
provisions of Paragraph 14.09. Otherwise, Engineer will
return the Application for Payment to Contractor, indicat-
ing in writing the reasons for refusing to recommend final
payment, in which case Contractor shall make the
necessary corrections and resubmit the Application for
Payment.
C. Payment Becomes Due
1. Thirty days after the presentation to Owner of
the Application for Payment and accompanying docu-
mentation, the amount recommended by Engineer, less
any sum Owner is entitled to set off against Engineer's
recommendation, including but not limited to liquidated
damages, will become due and, will be paid by Owner to
Contractor.
14.08 Final Completion Delayed
A. If, through no fault of Contractor, final
completion of the Work is significantly delayed, and if
Engineer so confirms, Owner shall, upon receipt of
Contractor's final Application for Payment (for Work
fully completed and accepted) and recommendation of
Engineer, and without terminating the Contract, make
payment of the balance due for that portion of the Work
fully completed and accepted. If the remaining balance to
be held by Owner for Work not fully completed or
corrected is less than the retainage stipulated in the
Agreement, and if bonds have been furnished as required
in Paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work
fully completed and accepted shall be submitted by
Contractor to Engineer with the Application for such
payment. Such payment shall be made under the terms
and conditions governing final payment, except that it
shall not constitute a waiver of Claims.
14.09 Waiver of Claims
A. The making and acceptance of final payment
will constitute:
1. a waiver of all Claims by Owner against
Contractor, except Claims arising from unsettled Liens,
from defective Work appearing after final inspection
pursuant to Paragraph 14.06, from failure to comply with
the Contract Documents or the terms of any special
guarantees specified therein, or from Contractor's
continuing obligations under the Contract Documents;
and
with the requirements herein and expressly acknowledged
by Owner in writing as still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
15.01 Owner May Suspend Work
A. At any time and without cause, Owner may
suspend the Work or any portion thereof for a period of
not more than 90 consecutive days by notice in writing to
Contractor and Engineer which will fix the date on which
Work will be resumed. Contractor shall resume the Work
on the date so fixed. Contractor shall be granted an adjust-
ment in the Contract Price or an extension of the Contract
Times, or both, directly attributable to any such
suspension if Contractor makes a Claim therefor as
provided in Paragraph 10.05.
15.02 Owner May Terminatefor Cause
A. The occurrence of anyone or more of the
following events will justify termination for cause:
1. Contractor's persistent failure to perform the
Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the Progress Schedule established
under Paragraph 2.07 as adjusted from time to time
pursuant to Paragraph 6.04);
2. Contractor's disregard of Laws or Regulations
of any public body having jurisdiction;
3. Contractor's disregard of the authority of
Engineer; or
4. Contractor's violation in any substantial way
of any provisions of the Contract Documents.
B. If one or more of the events identified in
Paragraph 15.02.A occur, Owner may, after giving
Contractor (and surety) seven days written notice of its
intent to terminate the services of Contractor:
1. exclude Contractor from the Site, and take
possession of the Work and of all Contractor's tools,
appliances, construction equipment, and machinery at the
Site, and use the same to the full extent they could be
used by Contractor (without liability to Contractor for
trespass or conversion),
2. incorporate in the Work all materials and
equipment stored at the Site or for which Owner has paid
Contractor but which are stored elsewhere, and
2. a waiver of all Claims by Contractor against
Owner other than those previously made in accordance
EJCDC C- 700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 39
3. complete the Work as Owner may deem
expedient.
C. If Owner proceeds as provided in Paragraph
15.02.B, Contractor shall not be entitled to receive any
further payment until the Work is completed. If the
unpaid balance of the Contract Price exceeds all claims,
costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) sustained by Owner arising out
of or relating to completing the Work, such excess will be
paid to Contractor. If such claims, costs, losses, and
damages exceed such unpaid balance, Contractor shall
pay the difference to Owner. Such claims, costs, losses,
and damages incurred by Owner will be reviewed by
Engineer as to their reasonableness and, when so
approved by Engineer, incorporated in a Change Order.
When exercising any rights or remedies under this
Paragraph Owner shall not be required to obtain the
lowest price for the Work performed.
D. Notwithstanding Paragraphs 15.02.B and
15.02.C, Contractor's services will not be terminated if
Contractor begins within seven days of receipt of notice
of intent to terminate to correct its failure to perform and
proceeds diligently to cure such failure within no more
than 30 days of receipt of said notice.
E. Where Contractor's services have been so
terminated by Owner, the termination will not affect any
rights or remedies of Owner against Contractor then
existing or which may thereafter accrue. Any retention or
payment of moneys due Contractor by Owner will not
release Contractor from liability.
F. If and to the extent that Contractor has
provided a performance bond under the provisions of
Paragraph 5.0 I.A, the termination procedures of that bond
shall supersede the provisions of Paragraphs 15.02.B, and
15.02.C.
15.03 Owner May Terminate For Convenience
A. Upon seven days written notice to Contractor
and Engineer, Owner may, without cause and without
prejudice to any other right or remedy of Owner,
terminate the Contract. In such case, Contractor shall be
paid for (without duplication of any items):
1. completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination, including fair and
reasonable sums for overhead and profit on such Work;
2. expenses sustained prior to the effective date
of termination in performing services and furnishing
labor, materials, or equipment as required by the Contract
Documents in connection with uncompleted Work, plus
fair and reasonable sums for overhead and profit on such
expenses;
3. all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred in settlement of terminated contracts with
Subcontractors, Suppliers, and others; and
4. reasonable expenses directly attributable to
termination.
B. Contractor shall not be paid on account of loss
of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.04 Contractor May Stop Work or Tenninate
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 Methods 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
EJ CDC C.700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
governed by the Construction Industry Mediation Rules
of the American Arbitration Association in effect as of the
Effective Date of the Agreement. The request for
mediation shall be submitted in writing to the American
Arbitration Association and the other party to the
Contract. Timely submission of the request shall stay the
effect of Paragraph 10.05 .E.
B. Owner and Contractor shall participate in the
mediation process in good faith. The process shall be
concluded within 60 days of filing of the request. The
date of termination of the mediation shall be determined
by application of the mediation rules referenced above.
C. If the Claim is not resolved by mediation,
Engineer's action under Paragraph 1O.05.C or a denial
pursuant to Paragraphs 1O.05.C.3 or 1O.05.D shall become
final and binding 30 days after termination of the
mediation unless, within that time period, Owner or
Contractor:
1. elects in wrItmg to invoke any dispute
resolution process provided for in the Supplementary
Conditions, or
2. agrees with the other party to submit the
Claim to another dispute resolution process, or
3. gives written notice to the other party of their
intent to submit the Claim to a court of competent
jurisdiction.
ARTICLE 17 - MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provIsIon of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if:
1. delivered in person to the individual or to a
member of the fIrm or to an officer of the corporation for
whom it is intended, or
2. delivered at or sent by registered or certified
mail, postage prepaid, to the last business address known
to the giver of the notice.
17.02 Computation of Times
A. When any period of t~me is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If
the last day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day will be omitted from the
computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto are in addition to, and are
not to be construed in any way as a limitation of, any
rights and remedies available to any or all of them which
are otherwise imposed or available by Laws or Regula-
tions, by special warranty or guarantee, or by other
provisions of the Contract Documents. The provisions of
this Paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right, and remedy to
which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, warran-
ties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all
continuing obligations indicated in the Contract Docu-
ments, will survive final payment, completion, and
acceptance of the Work or termination or completion of
the Contract or termination of the services of Contractor.
17.05 Controlling Law
A. This Contract is to be governed by the law of
the state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are inserted
for convenience only and do not constitute parts
of these General Conditions.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
.41
PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Ron Kassa Construction, Inc.
6005-250TH Street, Elko, MN 55020
OWNER (Name and Address):
City Of New Hope
City Hall, 401 Xylon Ave. No.
New Hope, MN 55428-4898
CONTRACT
Date: July 26, 2007
Amount: $109,160.00
Description (Name and Location):
SYRETY (Name and Address of Principal Place of Business):
Old Republic Surety Company
P.O. Box 1976
Des Moines, IA 50306
2007 Sidewalk Improvements
City Project No. 832
Project No. 000034-07196-0
BOND
Bond Number: RCN 612018
Date (Not earlier than Contract Date): July 26, 2007
Amount: $109,160.00
Modifications to this Bond Form: None
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this
Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL
Company: Ro.n..;9ssa CtyS..~.r. uC"tion, Inc.
Signature: . 1;)/71 LuJ61-rL- (Seal)
Name and Trt}e. .p ~ ii l I ;G4-r.:: Sj't
.$\" Iv' .... /. ,l
i d Y?!L-"'7f---
.j'U2~J..4,^,;'~~~'"
SURETY
(Space is provided below for signatures of additional
parties, if required.)
Old Republic Surety
Surety's Name and
(Seal)
CONTRACTOR AS PRINCIPAL
Company:
SURETY
Signature:
Name and Title:
(Seal)
(Seal)
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
EJCDC No. C-610 (2002 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General
Contractors of America, and the American Institute of Architects.
00610-1
I. Contraclor and Surely, jointly and severally, bind themselves, their heirs,
executors, administrators, successors, and assigns 10 Owner for Ihe performance of the
Contracl, which is incorporated herein by reference.
2. If Contractor performs Ihe Contract, Surety and Contractor have no obligalion
under this Bond, except to participate in conferences as provided in Paragraph 3.1.
3. If Ihere is no Owner Default, Surety's obligalion under Ihis 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
Defaull and has requested and allempled to arrange a conference with
Contractor and Surety to be held nol later than 15 days after receipt of
such notice to discuss methods of performing the Contract. If Owner,
Contraclor and Surety agree, Contractor shall be allowed a reasonable
time 10 perform the Conlract, bul such an agreement shall not waive
Owner's right, if any, subsequently 10 declare a Contractor Default; and
3.2.
Owner has declared a Contractor Default and formally terminaled
Contraclor's righl to complete the Conlract. Such Contractor Default shall
not be declared earlier than 20 days after Contractor and Surety have
received notice as provided in Paragraph 3.1; and
3.3.
Owner has agreed 10 pay Ihe Balance of the Contract Price to:
1. Surety in accordance with the lerms 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 conlractors; or
4.3.
Obtain bids or negotiated proposals from qualified contractors acceptable
10 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, 10 be secured \\ith
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 \\ith 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
2. Deny liability in whole or in part and notify Owner citing reasons
therefor.
5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness,
Surety shall be deemed to be in default on this Bond 15 days after receipt of an
additional written notice from Owner to Surely 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 10
Owner.
6. After Owner has terminated Contractor's right to complele the Contract, and if
Surely elects to act under Paragraph 4. I, 4.2, or 4.3 above, then the responsibilities of
Surety 10 Owner shall not be greater than those of Contractor under the Conlract, and
the responsibilities of Owner to Surety shall not be grealer than those of Owner under
Ihe Contract. To a limil of the amount of this Bond, bul subject to commitment by
Owner of the Balance of the Contract Price 10 mitigation of costs and damages on Ihe
Contract, Surely is obligated without duplication for:
6.1.
The responsibilities of Contractor for correclion 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 acl of
Surely under Paragraph 4; and
6.3.
Liquidated damages, or if no liquidaled 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 Conlract Price shall not be reduced or
set off on account of any such unreiated obligations. No righl of action shall accrue on
this Bond 10 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, 10 Contract
or to related subcontracls, purchase orders, and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court
of competent jurisdiction in the location in which the Work or part of the Work is
located and shall be instituted \\ithin two years after Contractor Default or within Iwo
years after Contractor ceased working or within IWO 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 Surely, Owner, or Contractor shall be mailed or delivered to Ihe address
shown on the signature page.
1 I. When this Bond has been fumished to comply with a statutory requirement in the
location where the Contract was to be performed, any provision in this Bond
conflicting \\ith said statutory requirement shall be deemed deleted herefrom and
pro\isions 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,]
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
signatur~ 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 othef\\ise to comply with Ihe terms of
the Contract.
12.4.
Owner Default: Failure of Owner, which has neither been remedied nor
waived, to pay Contractor as required by the Contract or to perform and
complete or comply with the other terms thereof.
FOR INFORMATION ONLY - Name, Address and Telephone
Surety Agency or Broker
Owner's Representative (engineer or other party)
Northern Capital Insurance
P.O. Box 9396
Minneauolis, MN 55440-9396
Telephone 952-996-8829
00610-2
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CQNTRACTOR (Name and Address):
Ron Kassa Construction, Inc.
6005-250TH Street, Elko, MN 55020
OWNER (Name and Address):
City Of New Hope
City Hall, 401 Xylon Ave. No., New Hope, MN 55428-4898
CONTRACT
Da~: July 26, 2007
Amount: $109,160.00
Description (Name and Location):
SURETY (Name and Address of Principal Place of Business):
Old Republic Surety Company
P.O. Box 1976
Des Moines, IA 50306
BOND
Bond Number: RCN 612018
Date (Not earlier than Contract Date): July 26, 2007
Amount: $109,160.00
Modifications to this Bond Form: None
2007 Sidewalk Improvements
City Project No. 832
Project No. 000034-07196-0
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this
Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
SURETY
ction, Inc.
Signature:
Name and Tit1et
I
t~Seal)
J{Olj !vj}S:~l
1/ .r;'.. '
r/2Jd{W~n.:t-
(Seal)
...--------- -
(Space is provided below for signatures of additional
parties, if required.)
By:
Signature and Ti e John G. Hagberg
(Att,eh POW~Of.AttomeY)~At o. rney-I n-Fact
;/ { -:I,'A.A
Attest: I /) rYL.;::}/'o--""--
Signature and it1e
""
CONTRACTOR AS PRINCIPAL
Company:
SURETY
Signature:
Name and Title:
(Seal)
(Seal)
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature
EJCDC No. C-615 (2002 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General
Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.
00615-1
1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors, and assigns to Owner to pay for labor,
materials, and equipment furnished by Claimants for use in the performance of
the Contract, which is incorporaled herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contraclor:
2.1. Promplly makes payment, direclly or indirectly, for all sums due
Claimanls, 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 promplly notified
Contractor and Surety (at the addresses described in Paragraph 12) of
any claims, demands, liens, or suits and tendered defense of such
claims, demands, liens, or suils to Contractor and Surety, and provided
there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if Contraclor
prornplly makes payment, direclly or indireclly, for all sums due.
4. Surely shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with
Contraclor have given notice 10 Surety (at the addresses described in
Paragraph 12) and sent a copy, or notice thereof, 10 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 Contraclor:
1. Have furnished written notice to Contractor and sent a copy, or
notice thereof, 10 Owner, wilhin 90 days after having last performed
labor or last furnished materials or equipment included in the claim
slating, with subslantial accuracy, the amount of the claim and the
name of the party to whom the materials or equipment were
furnished or supplied, or for whom the labor was done or
performed; and
2. Have either received a rejection in whole or in part from Contractor,
or not received within 30 days of furnishing the above notice any
communication from Contractor by which Contraclor had indicaled
the claim will be paid directly or indirectly; and
3. Not having been paid within the abovc 30 days, have sent a written
notice to Surety and sent a copy, or notice thereof, to Owner, slating
that a claim is being made under this Bond and enclosing a copy of
the previous written notice furnished to Contractor.
5. If a notice by a Claimant required by Paragraph 4 is provided by Owner 10
Contractor or 10 Surety, that is sufficient compliance.
6. \Vhen a Claimant has satisfied the conditions of Paragraph 4, the Surety shall
promptly and at Surety's expense lake the following actions:
6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days
after receipt of the claim, stating the amounts that are undisputed and
the basis for challenging any amounts that are disputed.
6.2. Payor arrange for payment of any undisputed amounls.
7. Surety's total obligation shall not exceed the amounl of this Bond, and the
amount of this Bond shall be crediled for any payments made in good faith by
Surety.
FOR INFORMATION Ol-.'L Y - Name, Address and Telephone
Surety Agency or Broker:
Owner's Representative (engineer or other party):
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 10 Owner, Claimants, or others for obligations of
Contractor that are unrelaled 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 paymenls to, give notices on behalf
of, or otherwise have obligations to Claimants under this Bond.
10. Surety hereby waives notice of any change, including changes of time, to the
Contract or to related Subcontracts, purchase orders and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other
than in a court of compelent jurisdiction in the location in which the Work or
part of the Work is located or after the expiration of one year from the dale (I)
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 malerials or equipment were furnished by anyone under the Construction
Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph
are void or prohibited by law, the minimum period of limitation available 10
sureties as a defense in the jurisdiction of the suit shall be applicable.
12. Notice 10 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 Contraclor, however accomplished, shall be sufficient compliance as
of the dale received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a slatutory requirement
in the location where Ihe Contract was to be performed, any provision in this
Bond conflicling with said statu lory requirement shall be deemed deleled
herefrom and provisions conforming to such statulory requirement shall be
deemed incorporaled herein. The intent is that this Bond shall be construed as a
Slatutory Bond and not as a common law bond.
14. Upon request of any person or entity appearing 10 be a potential beneficiary
of this Bond, Contractor shall promptly furnish a copy of this Bond or shall
permil a copy to be made.
15. DEFINITIONS
15.1. Claimant: .t>,n individual or entity having a direct conlract with
Contractor, or with a first-tier subcontractor of Contractor, to furnish
labor, malerials, or equipment for use in the performance of Ihe
Contract. The intent of Ihis Bond shall be 10 include without limitation
in the terms "labor, malerials or equipment" that part of water, gas,
power, light, heat, oil, gasoline, telephone service, or renlal equipment
used in the Contract, architectural and engineering services required for
performance of the Work of Contractor and Contraclor's
Subcontractors, and all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials, or equipment
were furnished.
15.2. Contract: The agreement between Owner and Contractor identified on
Ihe signature page, including all Contract Documents and changes
Ihereto.
15.3. Owner Default: Failure of Owner, which has neither been remedied nor
waived, to pay Contractor as required by the Contracl or 10 perform and
complete or comply with the other lerms thereof.
Nort
P.O.
nsurance
Telephone 952-996-8829
00615-2
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
STATE OF
COUNTY OF
} ss.:
On this day of , in the year _, before me
personally come(s)
to me known and known to me to be the person(s) who (is) (are) described in a,nd who executed the foregoing instrume~~
and acknowledge(s) to me that_he_executed the same.
NOTARY PUBLIC
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
STATE OF
COUNTY OF
} ss.:
On this day of , in the year _, before me
personally come(s)
a member of the co-partnership of
to me known and known to me to be the person who is described in and who executed the foregoing instrument, and
acknowledges to me that he executed the same as and for the act and deed of the said co-partnership.
NOTARY PUBLIC
ACKNOWLEDGMENT OF PRINCIPAL (Corporation)
STATE
COUNTY
} sS.:
i~
On this day of "Pnj( a i.1 )1-- , in the year;20(/1 . before me
personally come(s) "f< CJ /'\.../ fGy.- S ~'
to me known, wh~t) bei,ng bY,d,') e ~ sworn, deposes and says that he r~es i~ th,,',:re,:;G.itY. of 1.--_ w'S CJ-- .
that he is the r /1J2~LC€/}~r-- of the /;,\V.F'-/ 0:![-5:S_/J- Z~?./-'~::7-f.tv (!-t.~ 'V\
, ~
the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation;
that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors
of said corporation, and th,at he signed his name thereto by like order.
(...
SURETY
} sS.:
On this
day of
J U'-'r
in the year ~C>7before me
""Z{p
personally come(s) John G. Hagberg
Attorney(s)-in-Fact of Old Republic Surety Company with whom I am personally acquainted,
and who, being by me duly sworn, says that he reside(s) in Eden Prairie 1 MN
that he is (are) the Attorney(s)-in-Fact of Old Republic Surety Company , the
company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and
that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors
of said Company, and that he signed said instrument as Attorney(s)-in-Fact he said Com a by ike order. ..
CL~
F.9713 - 8/81
NICOLE C. VACEK
NOTARY PU8UC -- MINNESOTA
MY COMMISS!ON EXPIRES 01/31/2011
I'lih,',
,.,J.
iJ"
!IIII
II111
II I
,Ii,
POWER
ATTORNEY
KNOW ALL MEf\j BY THESE" PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation,
does make, constitute and appoint:
JUDY L. JORISSEN, JOHN HAGBERG, DAWN M. REICHEL, ANN F. WOLFGANG,
G. REYNOLDS FISHER, PATRICK I. MCGOVERN, OF MINNEAPOLIS, MN
its true and viltIl full
and affix tile ccnlpany thereto (if a
bonds, bank depositcry bonds, mortgage deficiency
v/011<er3 cO'llpensation bonds guaranteeing payment
or black
or other vvrirten
guaranty guarantees of installment paper
asbestos abatement contract lTlanagernsnt bonds, !lazarcious vvaste renlsdiation bonds
ALL WRITTEN
TWO MILLION
OBLIGATION,
INSTRUMENTS IN AN AMOUNT
DOLLARS($2,OOO,OOO)---
REGARDLESS OF NUMBER
NOT TO' EXCEED AN AGGREGATE OF
--------------- FOR ANY SINGLE
OF INSTRUMENTS ISSUED' FOR THE OBLIGATION.
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are
ratified and confirmed. This document is not valid unless printed on colored background and is multi-colored. This appointment is made
under and by authority of the board of directors ata special meeting held on February 18, 1982. This PO\'\!er of Attorney is signed and sealed
by facsimile under and by the authority of the follovving resolutions adopted by the board of directors of the OLD REPUBLIC SURETY
COMPANY on Febl'uary 18, 1982.
RESOLVED that, the president, any vice-pl'esident, or assistant vice pl'esident in conjunction with the secretary or any assistant
secretary, may appoint attorneys-in-fact 01' agents with authority as defined or limited in the instrument evidencing the appointment
in each case, fol' and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, I'ecog-
nizances, and suretyship obligations of all kinds; and said officel's may I'emove any such attorney-in-fact or agent and revoke any
Power of Attomey previousiy gl'anted to such person,
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shallbevalid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president. and attested and sealed (IT a seal be required) by any secretary 01' assistant
secretary; or
(i i) 'Hhen signed by the president, any vice president 01' assistant vice pl'esident, secretary or assistant secretary, and countersigned and
be required) by a duly authorized attorney-in-fact or agent; or
(iii) when duly executed and sealed (if a seal berequired) by one or more attorneys-in-fact 01' agents pursuant to and vvithin the of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officeI' and the seal of the company may be affixed by facsimile to
certification thereof authorizing the execution and delivery of any bond, undertaking, I'ecognizance,ol' other suretyship obligations
signature and seal when so used shall have the same force and effect 'as though manualfy affixed,
li\J OLD REPUBLIC SURETY COMP,D\I\!Y has caused these presents to signed its proper officer, and its
6TH day of JULY, 2007
A.ssistant
STATE OF WISCONSIf\J, COUi\lTY
- SS
On this 6TH day of JULY, 2007 , pel'sonally came befme me,
and RICK A. JOHNSON to me known to be the individuals and officers of the OLD REPUBLIC SURETY COiV]PJ>.NY
instl'ument, and they each acknowledged the execution of the same, and being by me dulyswom, did severally depose and say;
that they are said officers of the corporation aforesaid, and that the seal affixed to the aboveinstl'Ument is the seal of the corporation,
and that said corporate seal and tileir signatures as such officers V/el'e duly affixed and subscl'ibed to the said instrument of
the bOai'd of directors of said corporation,
CERTIFICATE
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin cOl'poration, CERTIFY that the
foregoing and attached Povvel' of Attorney I'emains in full force and has not beell revoked; and furthermol'e, that the Resolutions of the bOai'd of
dil'ectors set forth in POWH of Attorney, me nOIN in force,
40-2710
~.!>7
GROUP
v
ORSC 22262 12/07)
ACORDN CERTIFICATE OF LIABILITY INSURANCE OP 10 L~ DATE (MMIDDIYYYY)
RONKA-1 07/27/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Terry Reinhardt ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Northern Capital Insurance Gp HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 9396 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Minneapolis MN 55440-9396 [INSURERS AFFORDING COVERAGE i
I
Phone: 952-996-8818 Fax:952-829-0482 i NAIC#
INSURED INSURER A: Hawkeye-Security Insurance
INSURER B: The Builders Group
Ron Kassa Construction, Inc. INSURER C:
6005 250th East INSURER D:
Elko MN 55020
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I I P_o.LICY EFFECTIVE I POLICrrFXPIRATION I
L TR INSRO TYPE OF INSURANCE I POLICY NUMBER I DATE (MMIDDNY) DATE MM/DDNY) LIMITS
I GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000
r---, CBP8224002 01./01./07 01./01./08 ~~';;~nce) 5 100,000
A i X i COMMERCIAL GENERAL LIABILITY
I:l CLAIMS MADE X OCCUR MED EXP (Anyone person) 55,000
r---;- PERSONAL & ADV INJURY 51,000,000
L-! GENERAL AGGREGATE 52,000,000
: GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 52,000,000
:--' il PRO- nLOC
! i POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 51,000,000
-
A ~ ANY AUTO BA8225902 01./01./07 01./01./08 (Ea accident)
ALL OWNED AUTOS BODILY INJURY
- 5
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
- (Per accident) 5
NON-OWNED AUTOS
-
- PROPERTY DAMAGE 5
I (Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT I 5
ANY AUTO OTHER THAN EAACC j 5
I AUTO ONLY: AGG,5
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE 153,000,000
A ~ OCCUR CLAIMS MADE CU8225202 01/01/07 01/01./08 AGGREGATE 53,000,000
5
~ DEDUCTIBLE 5
X RETENTION 510,000 ' 5
WORKERS COMPENSATION AND X ITORY LIMITS! iU~~-!
B EMPLOYERS' LIABILITY 07-0440 01/01/07 01./01/08 E.L. EACH ACCIDENT 5500000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE! 5 500000
llf yes. describe under EL. DISEASE - POLICY LIMIT! 5 500000
SPECIAL PROVISIONS below
i OTHER 1
! I !
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
RE: City of New Hope, Minnesota
2007 Sidewalk Improvements Project
City Project No. 832
Project No. 000034-07196-0
CERTIFICATE HOLDER
CANCELLATION
CITYNEH
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
City of New Hope
Attn: Valerie Leone
4401 Xylon Avenue North
New Hope MN 55428
@ ACORD CORPORATION 1988
ACORD 25 (2001/08)
COUNCIL
#f3~
Request for Action
Originating Departments
Approved for Agenda
Agenda Section
Public Works and Parks and
Recreation
August 20, 2007
Work Session
Item No.
By: Guy Jolmson and Shari French By:
11.2
Discussion regarding two plan options and a change order for the replacement of the front sidewalk at City
Hall
Requested Action
Staff requests Council discuss two plan options and specifications for the replacement of the concrete at the
City Hall front enh"y area. Staff also recommends Council consider authorizing the seeking of a change order
to the current 2007 sidewalk infrastructure project contract for this work. If the COlmcil wishes to proceed, the
change order will be placed on the August 27 Council agenda for official action. In order to complete the City
Hall sidewalk project in September, staff is requesting preliminary approval of a change order at this work
session. Staff can then notify the 2007 sidewalk infrastructure improvement contractor that a change order
will be approved at the August 27 Council meeting and he can schedule the City Hall sidewalk project to be
completed prior to the end of September.
Background
The front entry area concrete at City Hall was installed in 1992 and has begun to break up along the stress
cracks, creating tripping hazards in some cases. This spring staff eliminated the hazards and made the area
safe, but the fix is not very aesthetically pleasing. The mayor and Council directed staff to develop plans to
replace the front sidewalk. Council discussed the City Hall sidewalk project at its August 6 work session. A
proposed plan was discussed that called for removal of the existing colored concrete, the existing square
concrete planters, and some of the benches. The existing entrance canopy column was to remain in place, as
will the elevated planters along the west side of the entry area. The plan called for installation of 1,345 SF of
plain concrete walk scored in the traditional way. Existing benches along the north and northwest areas of the
existing entry area were to be removed and reinstalled after refurbishing the existing wooden seats. Large
pots that "float" on top of the concrete were to be used for future planting boxes.
Motion by
To: at..€x2.124t.:-L
Second by
I: \ RF A \ PUBWORKS\ 2007\ 835 City Hall Sidewalk-Work Session.doc
Request for Action
August 20, 2007
Page 2
Four light bollards were to be installed off the concrete but right alongside of it to prevent the issues
previously caused by frost heaving due to the bollards being installed in the existing concrete. The plan also
called for landscaping by others which staff recommends be done in-house with the help of the Sentence to
Service program.
After reviewing the proposed plan for the site at the August 6 work session, Council requested staff to
formulate an option plan, possibly with fewer concrete sidewalk panels and with additional planting areas. It
was suggested that the second option plan include curved sidewalks and possibly yard lights, instead of a
straight sidewalk and light bollards at the ground. It was also suggested that the existing benches along the
north and northwest areas of the existing entry area be removed by staff and reinstalled by staff after
replacement of the existing wooden seats with seats made of recycled materials.
The 2007 sidewalk infrastructure improvement contractor has indicated that a change order to that contract
for the City Hall sidewalk project is acceptable to him. At the work session, staff will share with the Council,
quotes from the contractor for both of the proposed sidewalk options.
Funding
The engineer's cost estimate is $21,500 to $22,500 for the plans. This estimated cost would make the change
order approximately 20% of the original 2007 sidewalk infrastructure improvement contract of $109,160.
Funding would be an inner fund loan from the parks and streets infrastructure funds to the City Hall budget.
Attachment(s)
Attached are the proposed plan options.
I: \ RF A \ PUBWORKS \ 2007\ 835 City Hall Sidewalk-Work Session. doc
.la- COST ESTIMATE - OPTION 1
1~ NEW HOPE CITY HALL ENTRANCE IMPROVEMENTS
Bonestroo CITY PROJECT NO. 835
FILE NO. 000034-07203-0
NEW HOPE, MN
JULY 2007
No. Item Units Qty Unit Price Total Price
MOBILlZA TION LS S I ,500.00 S I ,500.00
2 TRAFFIC CONTROL LS S500.00 S500.00
3 EROSION CONTROL LS S500.00 S500.00
4 REMOVE CONCRETE SIDEWALK SF 1683 S2.00 S3.366.00
5 REMOVE CONCRETE PLANTERS EA 2 S500.00 S 1.000.00
6 REMOVE MASONRY PILLAR WITH EA 4 S550.00 S2,200.00
LUMINAIRE
7 REMOVE MASONRY PILLAR EA 2 S500.00 S I ,000.00
8 SA WING CONCRETE PAVEMENT LF 18 SIO.OO S 180.00
9 COMMON EXCA V A TION (CV) CY 36 S30.00 S 1.080.00
10 6" PERFORATED POLYETHYLENE PIPE LF 80 S20.00 S 1.600.00
II AGGREGA TE BASE. CLASS 5 TN 60 S18.00 S 1.080.00
12 4" CONCRETE SIDEWALK SF 1345 S4.50 S6.052.50
13 PEDESTRIAN CURB RAMP WITH EA S900.00 S900.00
TRUNCATED DOME
14 4" PVC CONDUIT. SCH. 40 LF 60 S20.00 S I ,200.00
15 SELECT TOPSOIL BORROW CY 10 S28.00 S280.00
SUBTOTAL S22,500.00
000034-07203-0
COST ESTIMATE
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.11- COST ESTIMATE - OPTION 2
1~ NEW HOPE CITY HALL ENTRANCE IMPROVEMENTS
Bonestroo CITY PROJECT NO. 835
FILE NO. 000034-07203-0
NEW HOPE, MN
JULY 2007
No. Item Units Qty Unit Price Total Price
MOBILIZATION LS 51.500.00 51,500.00
2 TRAFFIC CONTROL L5 5500.00 5500.00
3 EROSION CONTROL LS 5500.00 5500.00
4 REMOVE CONCRETE SIDEWALK SF 1683 52.00 53,366.00
5 REMOVE CONCRETE PLANTERS EA 2 5500.00 51.000.00
6 REMOVE MASONRY PILLAR WITH EA 4 5550.00 52.200.00
LUMINAIRE
7 REMOVE MASONRY PILLAR EA 2 5500.00 5 I .000.00
8 SA WING CONCRETE PAVEMENT LF 18 510.00 5180.00
9 COMMON EXCA V A TION (CV) CY 36 530.00 5 I ,080.00
10 6" PERFORATED POL YETHYLENE PIPE LF 80 520.00 51.600.00
II AGGREGATE BASE, CLASS 5 TN 48 518.00 5864.00
12 4" CONCRETE SIDEWALK SF 1035 54.75 54.916.25
13 PEDESTRIAN CURB R.A.MP WITH EA 5900.00 5900.00
TRUNCA TED DOME
14 4" PVC CONDUIT, SCH. 40 LF 60 520.00 51.200.00
15 SELECT TOPSOIL BORROW CY 18 528.00 5504.00
SUBTOTAL 521.400.00
000034-07203~O
COST ESTIMATE
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Request for Action
Originating Department
Approved for Agenda
Agenda Section
Public Works
August 27, 2007
Consent
Item No.
By: Guy Johnson
By:
6.4
Resolution approving change order No.1 for the 2007 sidewalk infrastructure improvement project
(improvement No. 832)/%'35
Requested Action
Staff is recommending that the Council approve change order No.1 to the contract with Ron Kassa
Construction Inc., for the 2007 sidewalk infrastructure improvement project, for an amount not to exceed
$11,000.
Background
The original contract was $109,160 for the 2007 sidewalk infrastructure improvement project. The Council
awarded the contract in July. The contractor has requested a change order to cover the cost of replacing the
front enh'ance sidewalk to City Hall.
The front entry area concrete at City Hall was installed in 1992 and has begun to break up along the stress
cracks, creating tripping hazards in some cases. This spring, staff eliminated the hazards and made the area
safe, but the fix is not very aesthetically pleasing. The Mayor and COUl1cil directed staff to develop plans to
replace the front sidewalk. COUl1cil discussed the City Hall sidewalk project at its August 6 work session.
After reviewing the proposed plan for the site at the work session, Council requested staff to formulate an
option plan, possibly \"lith fewer concrete sidewalk panels and with additional planting areas. It was
suggested that the second option plan include curved sidewalks and possibly yard lights, instead of a straight
sidewalk and light bollards at the ground. It was also suggested that the existing benches along the north and
northwest areas of the existing entry area be removed by staff and reinstalled by staff after replacement of the
existing wooden seats with seats made of recycled materials.
Motion by
J-fCLU/YLVU
/ .
Second by
To:
I: \ RF A \ PUB WORKS \ 2007\ 832 Sidewalk Change Order. doc
Requestfor Action
August 27,2007
Page 2
The COlmcil reviewed both the initial plan and the second plan option at the August 20 work session and
decided to proceed with the initial plan. The plan calls for removal of the existing colored concrete, the
existing square concrete planters, and some of the benches. The existing entrance canopy column is to remain
in place, as will the elevated planters along the west side of the entry area. The plan calls for installation of
approximately 1,345 SF of plain concrete walk scored in the traditional way. Existing benches along the north
and northwest areas of the existing entry area will be removed by staff and reinstalled by staff after
replacement of the brackets and the existing wooden seats with seats made of recycled materials. Large pots
that "float" on top of the concrete are to be used for future planting boxes.
In order to complete the City Hall sidewalk project in September, staff requested preliminary approval by the
Council of a change order to the 2007 sidewalk infrastructure improvement project contract at the August 20
work session. This evening, staff is requesting formal approval of the change order resolution to add the
replacement of the front entrance sidewalk to City Hall to the 2007 sidewalk infrastructure improvement
project.
Funding
Recommended funding would be from the city's park and street infrastructure funds.
Attachments
The engineer's recommendation, the resolution, and a sketch of the entry sidewalk are attached.
1:\RFA \ PUB\VORKS\2007\ 832 Sidewalk Change Order. doc
CITY OF NEW HOPE
RESOLUTION NO. 07-119
Resolution approving change order No.1 for the
2007 sidewalk infrastructure improvement project
(Improvement No. 832)
WHEREAS, the city has entered into a contract with Ron Kassa Construction Inc., for
construction of the 2007 sidewalk infrastructure project; and,
"WHEREAS, during the course of discussions with the City Council, modifications to
the approved plans and specifications have been requested to include the
installation of a new entry sidewalk at the New Hope City Hall; and,
'WHEREAS, the city has received a cost proposal from Ron Kassa Construction Inc., to
modify the terms of the contract to address these modifications; and,
WHEREAS, the city engineer and staff have reviewed the cost proposal from Ron
Kassa Construction Inc., and find the cost proposal to be appropriate.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope,
Hennepin County, Minnesota:
1. That the City Council hereby approves change order No.1 for an amount not
to exceed $11,000.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota,
this 27th day of August, 2007.
-P
Attest:~'/~~
City Clerk
I:RFA\Pubworks\2007\832 Sidewalk Change Order Resolution
August 20, 2007
Mr. Guy Johnson
City of New Hope
5500 International Parkway
New Hope, MN 55428
Re: 2007 Sidewalk Improvements
Approve Change Order #1 - City Hall Entrance Improvements
Bonestroo File No. 000034-07196-0
Dear Guy,
Improvements to the concrete area in front of City Hall have been proposed. Two options have been
designed for the new layout. To accelerate timeline and simplify coordination of the work, it is proposed
that the work involving the City Hall entrance be added to the existing sidewalk project contract. The work
is similar to that included in the existing contract and the contractor completing the work, Ron Kassa
Construction, has worked on successful projects in the City a number of times before.
If Council chooses to complete the work proposed for the City Hall entrance improvements, we recommend
approving a change order to Ron Kassa Construction in the amount of the quote provided for whichever
option is selected. The existing 2007 Sidewalk Improvements contract price of $109,160.00 would increase
by the amount of the approved change order.
Yours truly,
BONESTROO
~;O~
Jason Quisberg, PE
2335 Highway 36 W
St. Paul. MN 55113
Tel 651-636-4600
Fax 651-636-1311
www.bonestroo.com
~-t Bonestroo
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Bonestroo
Owner: City of :,jew Hope, 4401 Xylon Ave. ilL, ~Jevv Hope, [viN 55428 Date September 5, 2007
Contractor: Ron Kassa Construction, 6005 E 250th St., Elko, fv1N 55020
Bond Company Bond No:
CHANGE ORDER NO. 1
2007 SIDEWALK IMPROVEMENTS
CLIENT PROJECT NO.832
BONESTROO FILE NO. 000034-07196-0
Description of Work
This Change Order provides for the reconstruction of the City Hall entrance sidewalk which includes removal of existing concrete walk and
amenities and installation of a new concrete walk. This Change Order will consist of adding the Bid Items listed bela'll' and their
corresponding estimated quantities. The actual amount of this Change Order will be determined by the sum of the verified quantities
multiplied by the appropriate Bid Unit Prices
No.
4
5
6
7
8
9
10
11
12
13
1 ~
,..,
15
.;407196CHOI,ls
2
3
Item
CHANGE ORDER NO.1
iv10B!L!ZATION
TRAFFIC CONTROL
EROSION CONTROL
REMOVE CONCRETE SiDEWf~LK
REMOVE CONCRETE PLANTERS
REMOVE MASONRY PILLAR WITH LUivll~JAIRE
REMOVE MASONRY PILLAR
SAWING CO~KRETE PAVEMENT
COMMON EXCAVATION
6 u PERFORA.TED POLYETHYLENE PIPE
AGGREGLl.TE BASE, CLASS 5
4" CONCRETE SIDEWAU(
PEDESTRIAi~ CURB RAMP V\iITH TRU~JCATED
DOil/lE
4" PVC CONDUIT, SCH. 40
SELECT TOPSOIL BORROW
TOTAL CHANGE ORDER NO.1:
Unit
LS
LS
LS
SF
EA
EA
c ,~
Lr-\
LF
CY
LF
Ti~
SF
EA
LF
CY
Contract
Quantity
1
1683
2
4
2
18
36
80
60
1345
1
60
10
Unit
Price
5500.00
530000
550000
51.00
525000
5250.00
520000
$375
51500
55.00
S 1500
5260
5250.00
5500
S 1500
Total
Amount
S500.00
5300.00
5500.00
51,683.00
5500.00
5 i ,00000
540000
56750
5540.00
5400.00
590000
53,49700
5250.00
5300.00
$10,987.50
Original Contract .A,mount
Previous Change Orders
This Change Order
Revised Contract Amount (including this change order)
CHANGE IN CONTRACT TIMES
Original Contract Times
Substantial Completion (days or date)
Ready for final Payment (days or date)
Increase of this Change Order:
Substantial Completion (days or date)
Ready for final Payment (days or date)
Contract Time with all approved Change Orders:
Sub5tantial CompletiJn (d2YS or date)
Ready for final Payment (days or date):
Recommended for Approval by
BONESTROO
~~
Approved by Contractor
RON ;YSA CO S].RUCTlON
f!PJt ~
7rC-C77
Date
cc GINner
Contractor
Bonding Company
Bonestroo & Assoc
3~U71 96CIIO 1 >.h
S 1 09,160.00
SOOO
510,987.50
5120,147,50
Date
?-G'-o7-
Approved by Owner
CITY,~ ~Wr~HOPE 1'-., ~.. ~
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Date
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September 13, 2007
Ron Kassa Construction
6005 E. 250th St.
Elko, MN 55020
Subject: Change Order NO.1
Project No. 832 (2007 Sidewalk Project)
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 for $10,987.50 was approved by the New Hope City Council at its
meeting of August 27,2007.
Sin~erely, ~
'.. 1.//. ~I ~
'--f::- - ---{ ..
It / / -{lo1ft.e..
'~J
Valerie Leone, CMC
City Clerk
Ene.
cc: Guy Johnson, Director of Public Works
Vince Vander Top, Assistant City Engineer (BRAA #34-07196-0)
CITY OF NEW HOPE
4401 Xylon Avenue Nortt\ · 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
COUNCIL
e~ ,
lei'" .L' fu t" . ~ //
, r ._/C L-CA,
L/
Request for Action
Originating Department
Approved for Agenda
Public Works
January 28,2008
Agenda Section
Development &
Planning
Item No.
8.5
By:
Guy Johnson
By:
Resolution accepting the 2007 sidewalk infrastruchlre improvement project and approving the final payment
request to Ron Kassa Construction 1ne. (improvement project no. 832)
Requested Action
Staff recommends that Council approve a resolution to accept the 2007 sidewalk infrastruchue improvement
project 832 and authorize the final payment to Ron Kassa Construction, 1ne. in the amount of $14,789.84.
Policy/Past Practice
The City Council routinely considers public infrastructure improvement projects to extend the useful life of
the infrastructure and/or improve the level of service.
Background
The Council approved plans and specifications for the 2007 sidewalk infrastructure improvement project at its
June 11, 2007, meeting. On July 12,2007, the bid opening for the 2007 sidewalk infrastructure improvement
project \vas held. Of the eight accepted bids, Ron Kassa Construction 1ne. was identified as the lowest
responsible bidder at $109,160, with the second lowest bid identified as $119,780 submitted by Bailey
Construction. Council awarded a contract to Ron Kassa Construction 1ne. in the amount of $109,160 on July
23,2007.
The project consisted of removal and replacement of only those panels that were either in poor structural
condition or posed an unsafe condition for sidewalk users. The project also included the replacement of
pedestrian ramps that are in the condition previously stated. Any pedestrian ramps needing replacement
were replaced with the ADA required truncated dome type of ramp. Sidewalk panel replacement was based
upon struchual criteria rather than aesthetic reasons.
Motion by
Second by
To:
I: \ RFA \ PUBWORKS \ 2008 \ 8322007 Sidewalk Improvement Project Final.doc
Request for Action
January 28, 2008
Page 2
The city completed a similar sidewalk improvement project in 1997 on all of the city's north/south side\valks.
A small portion of the east/west sidewalks were improved in conjlU1ction with street projects between 1997
and 2002.
On August 27, 2007, Coull.cil approved a change order to the original contract for an amount not to exceed
$11,000. The contr-actor's actual bid amount for the work in the change order was $10,987.50.
Funding
Ron Kassa Construction Inc. originally bid $109,160 for the project. There was one change order approved for
$10,987.50 for additional work requested by the city to replace the sidewalk at City Hall. The change order
increased the overall contract to $120,147.50. The final amolU1t earned by Ron Kassa Constr"uction, Inc. for the
original sidewalk project prior to the change order was $99,490.40.
At the request of the city, the contractor replaced the front sidewalk in two separate pours. Because of poor
aesthetics in the finish of the second pour, the city has requested a reduction from the contractor in the change
order amount. The contr"actor has agreed to reduce the amow1t of the change order by $1,172.20 (from
$10,987.50 to $9,815.30). The city engineers have reviewed the city hall front sidewalk project and stated that
poor aesthetics of control joints do not indicate they would create any structural problems with the walk.
Funding sources for the sidewalk infrastruchlre improvement project will be from the street infrastruchlre
fund.
Attachments
Attached are copies of the resolution, the engineer's memorandum recommending the acceptance of the
project, and the final pay request.
I: \ RFA \ PUBWORKS \ 2008 \ 8322007 Sidewalk Improvement Project Final.doc
City of New Hope
Resolution No. 08- 24
Resolution to accept the 2007 sidewalk infrastructure improvement project
and approve the final payment request to
Ron Kassa Construction Inc. (improvement project 832)
WHEREAS, the city has entered into a contract with Ron Kassa Construction Ine. for the 2007
sidewalk infrastructure improvement project; and,
WHEREAS, staff is recommending that the Council adopt a resolution to accept
improvement project 832 and approve final payment to Ron Kassa Construction
Inc. in the amount of $14,789.82; and,
WHEREAS, the city engineer has reported that all work has been satisfactorily completed
and recommends that final payment be made to Ron Kassa Construction Inc.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Nevv Hope, Hennepin
County, Minnesota:
1. That the City C01.illcil accepts the 2007 sidewalk infrastructure improvement
project from Ron Kassa Construction lile.
2. That the city manager is hereby directed to authorize the final payment of
$14,789.82 to Ron Kassa Construction Inc., subject to submittal of the
required IC-134 forms and a signed pay request.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 28th
day of January, 2008.
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Attest:
1/ -;
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City Clerk
January 22, 2008
Guy Johnson
New Hope Public Works Director
5500 International Parkway
New Hope, MN 55428
Re: 2007 Sidewalk Improvements - Final Payment
Client Project No.: 832
Bonestroo File No.: 000034-07196-0
Dear Guy,
Enclosed find the signed final pay request and necessary IC-134 forms for the 2007 Sidewalk Improvements
project. All work on the project has been completed. The contractor, Ron Kassa Construction, has requested
final payment in the amount of $14,789.82.
The original contract amount was $109,160.00. A change order including work related to the City Hall
entrance improvements was added to the contract. This $10,987.50 change order gives a revised contract
amount of $120,147.50.
The value of the work completed under the contract is $109,305.70 or $10,841.80 (9.0%) less than the
revised contract amount. Part of the savings is due to the elimination of a portion of the walk along the
north side of Bass Lake Road, west of Winnetka Avenue. This section was removed from the project to
coordinate a potential water main project that would disturb the existing walk. Additional savings were
realized because a reduction in payment made for the change order work completed at City Hall. Payment
for the work under the change order was reduced to an amount $1,172.20 less than that budgeted.
We recommend approval of final payment in the amount of $14,789.82. If you have any questions, please
contact me at 651-604-4938.
Yours truly,
BONESTROO
Jason P. Quisberg, PE
2335 Highway 36 W
St. Paul. MN 55113
Tel 651-636-4600
Fax 651.636-1311
www.bonestroo.com
.. Bonestroo
-#:
Bonestroo
Owner: City of New Hope, 4401 Xylon Ave. N, New Hope, MN 55428 Date: January 22. 2008
For Period: 11/27/2007 to 1/22/2008 Request No: , 3 AND FINAL
Contractor: Ron Kassa Const, 6005 E. 250th S1, Elko, MN 55020
CONTRAaOR'S REQUEST FOR PAYMENT
2007 SIDEWALK IMPROVEMENTS
BONESTROO FILE NO. 000034-07196-0
CITY PROJECT NO. 832
SUMMARY
1 Original Contract Amount
2 Change Order - Addition
3 Change Order - Deduction
4 Revised Contract Amount
5 Value Completed to Date
6 Material on Hand
7 Amount Earned
8 Less Retainage 0%
9 Subtotal
$
109,160.00
$
$
10,987.50
0.00
11 Liquidated damages -
12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO.
3 AND FINAL
$ 120,147.50
$ 109,305.70
$ 0.00
$ 109,305.70
$ 0.00
$ 109,305.70
<t 94,515.88
"'
$ 0.00
$ 14,789.82
10 Less Amount Paid Previously
Recommended for Approval by:
BONESTROO
c;;::z \~
Approved by Contractor:
w-SSACON~
.o? _
proved by Owner: \'
CIT 'NEW HOPE, \\\
~~~
Specified Contract Completion Date:
Date:
3407196REQ6F II-JAl.x!s
Contract Unit Current Quantity Amount
No. Item Unit Quantity Price Quantity to Date to Date
BASE BID:
1 MOBILIZATION LS 1 5000.00 1 $5,000.00
2 REMOVE CONCRETE SIDEWALK SF 22000 100 20480 $20.480.00
3 REMOVE CONCRETE PAVEMENT SF 100 100 84 $8400
4 REMOVE PEDESTRIAN RAMP EA 39 175.00 42 $7,350.00
5 EXCAVATE AND INSTALL NEW AGGREGATE BASE SF 3500 1.50 234 $35100
6 ADJUST VALVE BOX EA 2 75.00 2 $150.00
7 ADJUSTING MANHOLE FRAME AND RING CASTiNG EA ") 100.00 3 (":>('1('\('\"
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8 ADJUST CURB BOX EA 1 75.00 1 $75.00
9 BITUMINOUS PATCHING TN 15 150.00 11 $1,65000
10 CONCRETE SIDEWALK SF 22000 2.60 20480 $53,248.00
11 CONCRETE PAVEMENT SF 100 3.60 84 $30240
12 CONCRETE PEDESTRIAN CURB RAMP EA 39 250.00 42 $10,500.00
TOTAL BASE BID: $99.490.40
CHANGE ORDER NO.1
1 . MOBILIZATION LS 1 500.00 $500.00
2 TRAFFIC CONTROL LS 1 300.00 $300.00
3 EROSION CONTROL LS 1 500.00 $0.00
4 REMOVE CONCRETE SIDEWALK SF 1683 100 1676 1676 $1,676.00
5 REMOVE CONCRETE PLANTERS EA 2 250.00 4 4 $1,000.00
6 REMOVE MASONRY PILLAR WITH LUMINAIRE EA 4 250.00 4 4 $1,00000
7 REMOVE MASONRY PILLAR EA 2 200.00 2 2 $400.00
8 SAWING CONCRETE PAVEMEr~T LF 18 3.75 18 18 $67.50
9 COMMON EXCAVATION CY 36 15.00 15 15 $225.00
10 6" PERFORATED POLYETHYLENE PIPE LF 80 5.00 184 184 $920.00
11 AGGREGATE BASE, CIJISS 5 TN 60 15.00 17 17 $25500
12 4" CONCRETE SIDEWALK SF 1345 2.60 1143 1143 $2,971.80
13 PEDESTRIAN CURB RAMP WITH TRUNCATED DOME EA 1 250.00 1 1 $250.00
14 4" PVC CONDUIT, SCH. 40 LF 60 5.00 20 20 $100 00
15 SELECT TOPSOiL BORROW CY 10 15.00 10 10 $15000
TOTAL CHANGE ORDER NO.1 $9,81530
TOTAL BASE BID:
TOTAL CHANGE ORDER NO. 1
TOTAL WORK COMPLETED TO DATE
$99,490.40
$9,81530
$109,305.70
3407195REQ6FINALxJs
PROJEG PAYMENT STATUS
OWNER CITY OF NEW HOPE
CITY PROJECT NO. 832
BONESTROO FILE NO. 000034-07196-0
CONTRACTOR RON KASSA CONSTRUCTION
CHANGE ORDERS
No.
Date
Description
Amount
1 9/5/2007 This Change Order provides for additional work on this project. See $10,987.50
Change Order.
Total Change Orders $10,987.50
PAYMENT SUMMARY
No. From
To
Payment
Retainage
Completed
1 08/01/2007 09/11/07 48,307.50 2,542.50 50,850.00
2 09/12/2007 11/26/07 46,208.38 4,974.52 99,490.40
3 AND FiNAL 11/27/2007 01/22/08 14,789.82 109,305.70
Material on Hand
Total Payment to Date $109,305.70 Original Contract $109,160.00
Retainage Pay No. 3 AND FINAL Change Orders $10,987.50
Total Amount Earned $109,305.70 Revised Contract $120,147.50
3407196REQ6FINAL.xls
NOV-12-2007 07:57 PM
P_02
MINNESOTA- REVENUE
WIthholding Affidavit for Contractors
this affidavit mllst be approveD 15y the Minnesota Department of Revenue before the state or Minnesota or any of
, its subdivisions can make flnal payment to contrsctors.
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IC134
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Please type or print clearly. This will be your mailing label for returnln~ the completed form.
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Project owner .LL.u ~ Addmoo L _ "j elf, Ji-A
,:Jt#' w'-'-- . tro I 'f<.~ po;- N'~~~~_!:..r:! .
. he e emplcyees work en this pro)eC\~~'HO No if no, Wi',o';;jd'i;;e worK?
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Check tM box th5t describes your Involvement In the project and fill in ell information requested.
~. Sole contractor
b. Subcontrnctor
Nama of contra,tor wnc Med YC'J
i\ccrGns
o Prima contractor-It you subcontracted out any work on this project, ail of your subcontractors must iile their own 10134
affidavits and have them certified by the Department of Revenue before you can file your aftldelVlt. For each subcontractor
you had, flllln the Intormetlon below and attach e copy of eElch subcomractor's certitled IC134. If you need mora space,
attach a separate sheet.
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Ownsr{orr:c",
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I d~cl~r~ tha,t I InformCltJ:Jn J hlJ'/! fjJ!~d in on thIs form 15 ~ruE and compreU: to rhe best of my knowledge and be1i~t. I E]u'horl:.;e the Department of Rov.
enve to dl , je t.!rtlnsm Inform :Ion reial!ml ro thfs oroi~crr incWdln. ~endrng copies of thJ!j forml to the ,:;rlme c::lf1ffactor if l"m a .sUbcontractor, and co
~nj' SUb"" fitr:".! D'S I( / om a 'I ~ cClH~c!Crl and to the comractfng agency.
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Revenue, Mail Station 66iO, St. Paul, lviN 65:1.46.6610
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r Certificate of Compliance
I Based on records of the Minnesota Department or Revenue, ! certify that the contractor who hes signed this certljlcete hes
fuliilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tex
irom wagas paid to employees relating to contract services with the stale of rvllnneso',a and/or Its subdivisions
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