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IP #877For the full report on this improvement 0 project, refer to the City Council agenda pa ckets I 0 0 N Planning Commissio agenda packets. PROJECT NO. 877 2011 Infrastructure Item 8.4 9/27/10 Motion authorizing the preparation of a feasibility report for construction of a 2011 infrastructure project (improvement project no. 877) Res. 2010 -164 11/22/10 Presentation and acceptance of feasibility report; approving a resolution providing for a public hearing to order a project, and authorizing the preparation of plans and specifications for the proposed 2011 infrastructure (improvement project no. 877) Res. 2010 -165 11/22/10 Resolution relating to financing of certain proposed expenditures relating to reconstruction of streets, water mains, sanitary sewers and storm sewers; establishing compliance with reimbursement bond regulations under the internal revenue code (2011 Infrastructure Improvement Project No. 877) Res. 2011 -13 1/10/11 Resolution ordering the construction of public improvement no. 877 (2011 street and infrastructure improvement project) Res. 2011 -36 2/28/11 Resolution approving plans and specifications and ordering advertisement for bids for public improvement no. 877 (2011 infrastructure improvement project) Res. 2011 -62 4/11/11 Resolution awarding contract for construction of public improvement No. 877 (2011 street and infrastructure improvement project) (SR Weidema $3,458,126) Item 6.8 6/13/11 Motion authorizing additional street and water main improvements to Zealand Avenue as part of the 2011 . street and infrastructure improvement project (improvement project no. 877) Res. 2011 -128 9/12/11 Resolution awarding a contract for construction of a rain garden in the 2011 street infrastructure improvement project area (project 877) Res. 11 -158 11/14/11 Resolution accepting the rain garden construction project in the 2011 street infrastructure improvement project area and approving the final pay request to Minnesota Native Landscapes for $13,850 (Project No. 877) Res. 11 -167 11/28/11 Resolution approving change order no. 1 for the 2011 street and infrastructure improvement project (improvement no. 877) Res. 2012 -135 9/10/12 Resolution declaring cost to be assessed and ordering preparation of proposed assessment in connection with Infrastructure Improvement No. 877 (2011 Infrastructure Improvement Project) Res. 2012 -143 9/24/12 Resolution accepting the 2011 street infrastructure improvement project and approving the final payment request to S.R. Weidema Inc. (improvement project no. 877) Res. 2012 -144 9/24/12 Resolution Calling for Public Hearing on Assessments for Infrastructure Improvement No. 877 (2011 Infrastructure Improvement Project) Res. 2012 -156 10/22/12 Resolution adopting assessments for improvement project no. 877 (2011 street infrastructure improvement project. COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Development and Public Works April 11, 2011 Plannin Item No. By: Guy Johnson By: Kirk McDonald, City Manager 8.1 Resolution awarding contract for construction of public improvement No. 877 (2011 street and infrastructure improvement project) Requested Action Staff requests approval of a resolution awarding a contract for construction of public improvement No. 877 to the low and responsible bidder, S. R. Weidema Inc., in the amount of $3,458,126.86. This price is the total of the base bid of $3,082,280.13, plus alternate 1, $375,846.73. The engineer's estimate for the base bid and the alternate was $4,080,000. Alternate 1 is the proposed utility and street improvements for Nevada Avenue, north of Medicine Lake Road. 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. The city's street infrastructure management plan has identified this area for maintenance activities. Background The proposed 2011 infrastructure project will involve street and utility infrastructure improvements. Based upon the analysis of street condition ratings, the project will include Ensign Avenue, between Medicine Lake Road and Flag Avenue; and all streets between Boone Avenue and the Canadian Pacific Railroad, south of the Crystal border and north of Medicine Lake Road. Most of the sanitary sewer improvements will relate to the city's inflow and infiltration reduction program. On November 22, 2010, the city engineer presented the feasibility report for the proposed 2011 infrastructure improvement project. Council reviewed the report and scheduled a public hearing for January 10, 2011. Motion by /ryl.l Second by I: \RFA \PUBWORKS \2011 \877 2011 Infrastructure Award Contract.doc Request for Action April 11, 2011 Page 2 The city clerk notified the property owners regarding the proposed assessment project and the public hearing was held on January 10, 2011. After closing the public hearing, Council ordered construction of the 2011 infrastructure improvement project. A public informational meeting concerning this project was held on Tuesday, January 25, 2011. Council approved plans and specifications and ordered advertisement for bids at the February 28 Council meeting. The proposed project schedule is: • Review bids and award contract on April 11, 2011 Start construction in June 2011 Funding Bids were received from nine firms on March 31, 2011, with the low bidder being S. R. Weidema Inc., at $3,458,126.86. In accordance with New Hope's assessment policy, the breakdown for estimated revenue sources from the feasibility report for the base 2011 infrastructure project is: • Proposed assessment amount $52,243.59 • Street infrastructure fund $1,959,377.27 • Sanitary sewer fund $121,190.66 • Storm water fund $129,425.28 • Water fund $820,043.33 Sub -total estimate $3,082,280.13 Nevada Avenue (Alternate 1): • Street infrastructure fund • Sanitary sewer fund • Water fund $262,711.47 $5,438,08 $107,697.18 Sub -total estimate $375,846.73 TOTAL $3,458,126.86 *As discussed at the March 21, 2011, work session, the consensus of the Council was to pursue payment for the water improvement expenditures through internal financing mechanisms. Staff will work with the city's financial consultants and present a resolution to the Council in the future, authorizing the prepayment of an existing assessment bond. After which, staff will present resolutions to the Council that would ultimately allow for the internal transfer of funds to the water fund. Attachments The engineer's memorandum, copies of the bid tabulations, and the resolution prepared by the city attorney awarding the contract are attached. I: \RFA \PUBWORKS \2011 \8772011 Infrastructure Award Contract.doc City of New Hope I 0 1 . RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF PUBLIC IMPROVEMENT NO. 877 (2011 Infrastructure Improvement Project) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That bids for the construction of the 2011 Infrastructure Improvement Project No. 877 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 1:30 p.m. on the 31" day of March, 2011, as heretofore authorized by this Council. 2. That advertisement for bids for the construction of said improvement was published in the New Hope- Golden Valley Sun -Post, the official newspaper of the City, on the 10 day of March, 2011, and in Finance & Commerce on the 10 and 17 days of March, 2011. 3. It is hereby found and determined by this Council that the bid of S. R. Weidema, Inc. for the construction of said project in the amount of $3,458,126.86 is the lowest responsible bid submitted for the construction of said improvement. This bid consists of a $3,082,280.13 base bid and a $375,846.73 bid for alternate 1 of the project; that Bonestroo, Inc., Engineers for the City, have recommended to this Council the said low bid for the award of the contract for the project construction to the designated lowest responsible bid. 4. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement in the name of the City with the lowest responsible bidder, subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. Adopted by the City Council this 11 th day of April, 2011. Attest: Valerie Leone, ty Clerk z, Kathi Hemken, Mayor P:\AnorneyySAS'U Client Files',2 City of New Hope,99- 68771(201 k street proj.) \Resolution Awarding Contract.doc —1— 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651- 636 -1311 www.bonestroo.com April 4, 2011 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: 2011 Infrastru Mmprovements Project City Project N . g 877 Project No. 00 34- 10227 -0 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on March 31, 2011. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of 9 Bids. The following summarizes the results of the Bids received: Total Base Bid $3,082,280.13 $3,136,886.35 $3,194,026.80 $3,276,854.79 $3,285,223.58 $3,392,422.85 $3,480,465.50 $3,674,184.19 $3,712,425.11 Total Alternate No. 1 $375,846.73 $391,104.00 $413,082.39 $404,667.54 $418,562.16 $402,315.85 $433,123.16 $494,325.90 $481,21724 The low Bidder on the Project was S.R. Weidema with a Total Base Bid Amount of $3,082,280.13. This compares to the Engineer's Estimate of $3,600,000.00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then S.R. Weidema should be awarded the Project on the Total Base Bid Amount of $3,082.280.13. Should Council choose to include the work under Alternate #1 in the contract, S.R. Weidema would still be the low Bidder at $3,458,126.86. Should you have any questions, please feel free to contact me at 651 - 604 -4938. Sincerely, Jason P. Quisberg, P.E. Enclosure Contractor Low S.R. Weidema, Inc. #2 Ryan Contracting Co. #3 Northwest Asphalt, Inc. #4 Palda & Sons, Inc. #5 LaTour Construction, Inc. #6 Thomas & Sons Construction #7 S.M. Hentges & Sons, Inc. #8 Burschville Construction, Inc. #9 Astech Surface Technologies Total Base Bid $3,082,280.13 $3,136,886.35 $3,194,026.80 $3,276,854.79 $3,285,223.58 $3,392,422.85 $3,480,465.50 $3,674,184.19 $3,712,425.11 Total Alternate No. 1 $375,846.73 $391,104.00 $413,082.39 $404,667.54 $418,562.16 $402,315.85 $433,123.16 $494,325.90 $481,21724 The low Bidder on the Project was S.R. Weidema with a Total Base Bid Amount of $3,082,280.13. This compares to the Engineer's Estimate of $3,600,000.00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then S.R. 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I U Z C:) Lij - C) ui > 0 > z ui o U) F - uj Z L) z D (D Lis 0- C ) o LL 0 LL C) r, rq C-4 uj C: Z TTOZ/t 6MP'TOCIJZOLZZO I tE\bmG\(IVD\OLZZO T K\ KV I Ln O ■ me loon 11 CL 0 a- 0 0 O r O Cf C> O O C. I U Z C:) Lij - C) ui > 0 > z ui o U) F - uj Z L) z D (D Lis 0- C ) o LL 0 LL C) r, rq C-4 uj C: Z TTOZ/t 6MP'TOCIJZOLZZO I tE\bmG\(IVD\OLZZO T K\ KV I 2335 Highway 36 W St. Paul, MN 55113 Tel 651 - 636 -4600 Fax 651- 636 -1311 www.bonestroo.com April 12, 2011 Bonestroo Scott Weidema S.R. Weidema, Inc. 17600 113 Avenue N. Maple Grove, MN 55369 Re: City of New Hope, Minnesota 2011 Infrastructure Improvements Project New Hope Project No. 877 Project No. 34- 10227 -0 Notice of Award /Contract Documents Dear Mr. Weidema: You are notified that your Bid dated March 31, 2011 for the above- referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $3,458,126.86 for the Total Base Bid Alternate No. 1. Enclosed are four Contract Documents between you and the City of New Hope covering the above - referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 61 13.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steve Sondrall Jensen, Swanson & Sondrall, P.A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443 -1999 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies S.R. Weidema, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Bonestroo, Attention: Jason Quisberg Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre- construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, Jason P. Quisberg, P.E. Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steve Sondrall, City Attorney 1 � Y •y � � AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE S.R. Weidema Inc. 17600 113th Avenue North, Maple Grove, MN 55369 as Principal, hereinafter called the Principal, and Western Surety Company P. O. Box 5077 Sioux Falls SD 57117 -5077 a corporation duly organized under the laws of the State of March as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF NEW HOPE 4401 Xylon Avenue North, New Hope, MN as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City Project No. 877; 2011 Infrastructure Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 31 st day of (Witness) Attom SD S.R. Weidema, Inc. rte', Scott Weidema President Western Suretv Companv AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) ) ss. On this 31st day of March 20 County of HENNEPIN ) before me appeared Scott Weidema to me personally known, who, being by me duly sworn, did say that he is the President of S.R. WEIDEMA, INC. a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Scott Weidema acknowledged said instrument to be the free act and deed of said corporation. , f d . n "'Ir H Notary Public County, _� M commission �Tz� a ��„�� g T� Y e My P Oft 31, MS ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. On this 31st day of March 20 County of HENNEPIN ) before me appeared Brian J. Oestreich to me personally known, who, being by me duly sworn, did say that s he is the Attorney -in -Fact F T.TT�*C'mL'AAT ��rR /V''CA,f'D�2.1TTr VL ✓ _ 1 f.1 a S a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Brian J. Oestreich acknowledged said instrument to be the free act and deed of said corporation.,, Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Bruce N Telander, Donald R Olson, John P Martinsen, R Scott Egginton, John E Tauer, Linda K French, Craig Remick, Roger W Frank, Nicole Nelson, Rachel Thomas, Joshua R Loftis, Brian J Oestreich, Individually of Minneapolis, NIN, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 15th day of October, 2010. UREr WESTERN SURETY COMPANY G......... ..... fir Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 15th day of October, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say. that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + s D. KRELL s November 30, 2012 s S AE L NOTARY PUBLIC /�SEAL s S SOUTH DAKOTA \�S +5�.S 40 yS hy5Syh5�a�a'- iS^ -iSSSS �' CERTIFICATE D. Krell, No ary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 3 S t day of Mar _ _ 2011 "R...... WESTERN SURETY COMPANY 0g :N =G lei T L. Nelson, Assistant Secretary Form F4280 -09 -06 Minnesota Department of HUMAN RIGHTS S R WEIDEMA, INC. Your organization's affirmative action plan has been approved. The department's review of your equal employment opportunity policies and practices indicates compliance with Minnesota Statutes 363A.36. This document constitutes your certificate of compliance. S R WEIDEMA, INC. is hereby certified as a contractor by the Minnesota Department of Human Rights. This certificate is valid from 2/17/2011 to 2/16/2013. This certification is subject to revocation or suspension prior to its expiration if the department issues a finding of noncompliance or if your organization fails to make a good faith effort to implement its affirmative action plan. Enclosed is an annual report form to be completed and submitted annually during the certification period whether a state contract has been awarded to you or not. You must submit reports as required and promptly notify us of any address or status changes. If you have any questions contact Melanie Miles at 651 -297 -1687, Sincerely, 'w ran � ace Wendy Adler Robinson, Acting Commissioner Minnesota Department of Human Rights Enclosures: Annual Report Forms Posters (2) AN EQUAL OPPORTUNITY EMPLOYER Sibley Square at Mears Park • 190 East 5th Street, Suite 700 • Saint Paul, Minnesota 55101 Tel 651.296.5663 • TTY 651.296.1283 • TF 800.657.3704 • Fax 651.296.9042 A www.humanrights.state.mn.us 3 or I I I 104d�= April 27, 2011 Mr. Scott Weidema S.R. Weidema, Inc. 17600 113 Avenue North Maple Grove, MN 55369 SUBJECT: 2011 Infrastructure Improvements - Project No. 877 At its meeting of April 11, 2011, the New Hope City Council approved the contract with your company for project no. 877 for $3,458,126.86 (base bid plus alternate 1). Enclosed please find two contract documents. Please submit one to your bonding company. 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 per Minnesota Statute 290.97). Please contact Jason Quisberg at Bonestroo at 651 - 604 -4938 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: Guy Johnson, director of public works Jason Quisberg, city engineer 4401 Xylon Avenue North + New Hope, Minnesota 55428 -4898 ® www. ci.new- hope.mn.us City Hall 763 -531 -5100 • Police (non - emergency): 763 -531 -5170 • Public Works: 763- 592 -6777 • TDD: 763 - 531 -5109 City Hall Fax: 763- 531 -5136 ® Police Fax: 763 - 531 -5174 • Public Works Fax: 763- 592 -6776 COUNCIL �0� Originating Department Public Works By: Guy Johnson, Director • • O Approved for Agenda June 13, 2011 By: Kirk McDonald, Agenda Section Consent Item No. 6.8 Motion authorizing additional street and water main improvements to Zealand Avenue as part of the 2011 street and infrastructure improvement project (improvement No. 877) Requested action Staff is recommending that the Council approve a motion to authorize the city's 2011 street and infrastructure improvement project contractor, S. R. Weidema Inc., to perform additional work installing a water main and reconstructing Zealand Avenue, between 27th Place and 28th Avenue. Background On April 11, 2011, Council awarded a contract to S. R. Weidema Inc. for the 2011 street and infrastructure improvement project. The 2011 infrastructure project involves street and utility infrastructure improvements. Based upon an analysis of street condition ratings, the project includes Ensign Avenue, between Medicine Lake Road and Flag Avenue; and all streets between Boone Avenue and the Canadian Pacific Railroad, south of the Crystal border and north of Medicine Lake Road. Most of the sanitary sewer improvements will relate to the city's inflow and infiltration reduction program. Council discussed a proposed change order at its May 16 work session. The city engineer and public works director reviewed the 2011 infrastructure improvements for Zealand Avenue, between 27th Place and 28th Avenue. It appears that there was one water main break on this section of Zealand Avenue sometime back in the 80's. Given the water break history of the surrounding streets in the neighborhood and the fact that a majority of the existing water main in this neighborhood was installed during the same time period, staff is recommending replacement of the water main and reconstruction of this portion of Zealand Avenue. Staff has worked with the contractor and they have agreed to complete the reconstruction and water main replacement portion of this additional work at their current contract line item unit cost. There will also be a few small additional work items besides the water main line item and reconstruction line item costs that the contractor will be compensated for. MOTION BY 4- t.. SECOND BY KEO iar/1XrUUVV01KS \LU - ! I V3[ ( ZU - I - I InrrasUUC[Ure Lea la na mvenue Moron Request for Action June 13, 2011 Page 2 The additional work includes temporary mailbox setup, the setting up of temporary water services for Zealand Avenue, and the possible need to haul in additional gravel. Unlike the water main installation and reconstruction costs, these items were bid as lump sums and do not have a quantity unit cost as an individual line item in the original contract. The contractor has agreed to work with staff and complete these items at a prorated cost of their lump sum quotes. Staff will bring back the actual change order for the additional improvements to this portion of Zealand Avenue after the work is completed and the actual costs are determined. Funding Using the contract's existing unit cost for the water main and reconstruction work, along with estimates for the additional work for the items mentioned above, it is estimated that the current contract would increase by approximately $130,000. Funding would be from the city's street and utilities infrastructure funds. Attachments A map of the area is attached. ';01 lmwiwm COUNCIL VIR2 Request for Action Originating Department Approved for Agenda Agenda Section Development & Public Works September 12, 2011 Planning Item No. By: Guy Johnson By: Kirk McDonald, City Manager 8.4 Resolution awarding a contract for construction of a rain garden in the 2011 street infrastructure improvement project area (Project No. 877) Requested Action Staff requests the Council approve a resolution awarding a contract to the low and responsible bidder, Minnesota Native Landscapes, in the amount of $14,390, for construction of a rain garden in the Terra Linda area of the 2011 street infrastructure improvement project. Policy /Past Practice The city has constructed rain gardens in conjunction with street infrastructure projects in the past. Background The 2011 infrastructure project involves street and utility infrastructure improvements. The project includes Ensign Avenue, between Medicine Lake Road and Flag Avenue; and all streets between Boone Avenue and the Canadian Pacific Railroad, south of the Crystal border and north of Medicine Lake Road. Most of the sanitary sewer improvements relate to the city's inflow and infiltration reduction program. Because of environmental concerns, the city has received recommendations from the Shingle Creek and Bassett Creek Watershed Commissions, and a request from a Terra Linda resident, to implement the use of a rain garden for additional water quality improvement. During discussions with the residents at the project's open house on January 25, 2011, the city agreed to investigate the feasibility of installing a rain garden as part of the proposed 2011 street infrastructure project. Motion by f %Lli -1 , Second by .l /� 14.4 To: I: \ RFA \ PUB WORKS \ 2011 \ 877 2011 Rain Garden Award Contract.doc Request for Action September 12, 2011 Page 2 Rain gardens are typically constructed behind the street curb and receive storm water runoff directly from the street. As the storm water flows into the garden, it filters through a fiber blanket; the plants' root system in the top soil; a granular material; a geotextile fabric; and infiltrates the surrounding sub - soils. With the city's heavy soil, the rain garden's design would also contain a drain the system under the garden. If the storm water runoff would not infiltrate the sub -soils fast enough during some rain events, the water would collect in the drain the system and flow to an overflow structure. Staff has met with the resident at 2925 Sumter Avenue; the location of the proposed rain garden. The resident has indicated interest in the construction of the rain garden at this site and has offered to help with maintenance of the plantings. Funding Plan sheets were sent out to three firms that specialize in the construction of rain gardens. Bids were received from only one of the firms, with the bidder being Minnesota Native Landscapes, in the amount of $14,390. This figure is for the construction of the rain garden and installation of the plantings. Minnesota Native Landscapes also constructed the rain garden in the Meadow Lake area in 2006. Funding for the project would be from the city's storm water fund. Attachments The engineer's memorandum, a copy of the bid, and the resolution awarding the contract are attached. I: \ RFA \ PUBW ORKS \ 2011 \ 877 2011 Rain Garden Award Contract.doc City of New Hope Resolution No. 2011- 12 8 Resolution awarding a contract for construction of a rain garden in the 2011 street infrastructure improvement project area (Project No. 877) WHEREAS, rain gardens have been shown to be effective in improving the water quality of storm water runoff; and, WHEREAS, the resident at 2925 Sumter Avenue in the Terra Linda area has supported the construction of a rain garden to improve storm water runoff water quality; and, WHEREAS, the city has received a quote for the construction of a rain garden; and, WHEREAS, the bid in the amount of $14,390 from Minnesota Native Landscapes for the construction of a rain garden is the lowest responsible bid submitted; and, WHEREAS, the city engineering firm; Bonestroo Inc., has recommended that Council award the contract to Minnesota Native Landscapes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That a contract in the amount of $14,390 for construction of a rain garden is awarded to Minnesota Native Landscapes and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 12th day of September 2011. Mayor 1 Attest: L , City Clerk 2335 Highway 36 W St. Paul, MN 55113 Tel 651 - 636 -4600 Fax 651- 636 -1311 www.bonestroo.com September 2, 2011 Honorable Mayor and City Council City of New Hope Public Works 4401 Xylon Avenue North New Hope, MN 55428 Re: 2011 Infrastructure Improvements — Quotes to Construct a Rain Garden Client Project No. 877 Bonestroo File No. 000034 - 10227 -0 Honorable Mayor and City Council, The construction of a rain garden in the street reconstruction area of the project has been proposed. Specifically, the garden would be located in front of the home located at 2925 Sumter Avenue North. See the enclosed plan sheets for more detail regarding the rain garden. Quotes were solicited from three contractors that perform this type of work; one was received. The quote submitted was from Minnesota Native Landscapes in the amount of $14,390.00. MN Native completed a similar project in New Hope during the 2006 Street and Utility Improvements project. We are unaware of any complaints or issues that have surfaced due to that work. Should Council decide to proceed with the construction of the rain garden as proposed, the work could be contracted through Minnesota Native Landscapes for $14,390.00. The work under this contract would be coordinated with that under the street and utility contract taking place at the site. If you have any questions regarding the quote or the work involved, please contact me at 651.604.4838. Yours very truly, BONES Mark A. Hanson, PE Enclosures: Rain Garden Location Figure 1R Plan Sheets C7.01 & C7.02 Rain Garden Quote — Minnesota Native Landscapes RAIN GARDEN QUOTE 4r16 2011 INFRASTRUCTURE IMPROVEMENTS Bonestroo CITY PROJECT NO. 877 FILE NO, 000034-10227-0 NEW HOPE, MINNESOTA AUGUST 2011 QUOTE DUE: THURSDAY, SEPTEMBER 1, 2011, 10:00 A.M., C.S.T. RETURN TO: JASON QUISBERG (OFFICE: 651.604,4938) FAX: 651-636-1311 EMAIL: jason,quisberg@bonestroo.com No. Item Units Qty Unit Price Total Price RAIN GARDEN 293112925 SUMTER AVE I COMMON EXCAVATION (EV) 5 6 7 8 9 jo NOTES: 2 GEOTEXTILE FABRIC TYPE I 3 6" PVC DRAIN TILE 4 CONNECT DRAIN TILE TO STRUCTURE - CY 55 S $ 4 0 50 SY 90 S LF 60 $ $ ----------- ........... ... 00 — EA I S IVI/Ak-F111 k-kir"Cl <>O SELECT GRANULAR BORROW TN 35 $ S i6 e,; PREMIUM TOPSOIL BORROW (LV) CY 10 $ 100% COCONUT FIBER BLANKET SY 90 CLASS I RANDOM RIPRAP CY 2 $ CE RAIN GARDEN PLANTING LS 1 e 40 ' 4 - To To -L t Drain tile costs shall include fabric required, free draining aggregate, any fittings required to co'nnec to pipe, and Premium topsoil borrow shall be suitable for use as a plant growing medium in a plant bed. Rip rap costs shall include required fabric and 6" of aggregate bedding. Rain Garden Planting shall include supplying plants per planting schedule and installation. COMPANY tal — TITLE: N - t) *- &c-+ 000034-05172-0 1 RAIN OARDFN QUOTE O 4;P ce r-I uj D (D t--i U- E Lu 15 LLJ u LU M: • • O C) CD O Q 0 C) Z LLJ 7 E LU > U-) 0 pj < LIJ ce D V) Uj F Z U ui 0 z LL o Z t--i C) CD Z uj 0 Fj 2,931 - a y .xmz 'UVJ34 9NINVId Ft ° e I I fis .. LL8 'ON i:ACMd kM- N3ClNbJ NIVd 3nN3Ad d3iwns M a u VlOS3NNIW '3dOH M3N I FA I _! I I ' I I I 1 111114 Ali 0 N � I � N H _ p I - � 1 � d a � I Z �. V a r�i 1 I 1 I I I I I 1 I� r r r 1. _ r I I (n Zut in 1 , I � I I I f ' I 1 l ) � I I / I I I I I j 1 1 i I 1 I I , I 1 r I ; I I' I 1 ( I I t ; m of I 1 � ll. Il.l ' •; r !III nw.z I II lil C � 1. I I i 47 III ! C3 I.; I I ~ 2 v Z m 7@ I I � N T LIB � E I II li 1 �I i li I II It Wd ozzP9 t10vi /6 �ptObpLYZOIbt58W�- wVR94�^nlavJbGZZ01 N O v �o ¢ w �,c sinnol �w 3obi �p Wcol Im I � r W f ai l ��jjj K Is a W WWM FF t; 10 I WI�� 3Ta ee �ai m i m �a I F W WZ s� ry � � W . I ( t ; m of I 1 � ll. Il.l ' •; r !III nw.z I II lil C � 1. I I i 47 III ! C3 I.; I I ~ 2 v Z m 7@ I I � N T LIB � E I II li 1 �I i li I II It Wd ozzP9 t10vi /6 �ptObpLYZOIbt58W�- wVR94�^nlavJbGZZ01 N O v f" CITY OF NEW HOPE CONTRACT FOR Sumter Avenue (2925) Rain Garden Bonestroo Project No: 000034 - 10227 -0 City Project No: 877 For valuable consideration as set forth below, this Contract dated the day of 2011, is made and signed by the City of New Hope, a Minnesota municipal corporation (hereinafter "City ") and Minnesota Native Landscape. Inc. (hereinafter "Contractor "). C ►i��i :7: w mom Ky The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract, the August 16, 2011, Plans prepared by Bonestroo (now Stantec), Sumter Avenue Rain Garden at 2925 Sumter Avenue and the Request for Proposal, all of which are incorporated hereby by this reference for the Sumter Avenue Rain Garden. This Contract, the Request for Proposal, the attached plans and the August 16, 2011, Plans and Specifications shall comprise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The City agrees to pay Contractor the total amount of the contract, determined by the sum of the verified quantities completed for each bid term multiplied by the appropriate Bid Unit Prices, payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. The agreed upon unit prices are set out in Section 00 05 00 Quote Form. The estimated cost for the completed work is $14,340.00 However, the final cost may be more or less than the estimate based on quantities of materials used. The work included in this project can not begin until approval of this contract is received and the notice to proceed is given by the Engineer. 3, COMPLETION DATE All work under this Contract shall be coordinated with the 2011 Infrastructure Improvements Project and be completed by November 15, 2011 (hereinafter "Completion Date "). INSURANCE Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all automobiles: $1,000,000.00 c. Workman's Compensation: Statutory Amounts This certificate must provide for the above coverage's to be in effect from the date of the Contract until 30 days after the Completion Date, and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the Contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City streets or rights -of -way by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. 5. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. The Contractor shall provide adequate signs and /or barricades, and will take all necessary precautions for the protection of the work and the safety of the public. 6. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting there from, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 7. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 8. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this Contract shall be '99' O T I* St N C SS3ba - tt03 SS The address of the City for purposes of giving notices and any other purposes under this Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this day of 2011, by Kathi Hernken and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. VALERIE LEONE Notary Public - - NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2015 love.50k AAIL? LA Contractdr I 0 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Its: 0 Its: The foregoing instrument was acknowledged before me this 1 T ' day of &An16"V1 2011, by john &Ly'rLi the respectively, of n r) e. scsto Nu +1\r , S 'Z-cL, a Minnesota corporation, on behalf of said corporation. Notary P AMY I SCHAFFER Notary Public 10 State of Minnesota 1 My Commission Expires January 31, 2014 MIR. RAIN GARDEN QUOTE 100 2011 INFRASTRUCTURE IMPROVEMENTS Bonestroo CITY PROJECT NO. 877 COMMON EXCAVATION (EV) FILE NO. 000034-10227-0 NEW HOPE, MINNESOTA 2 AUGUST 2011 SY 90 3 QUOTE DUE: THURSDAY, SEPTEMBER 1, 2011, 10:00 A.M., C.S.T. RETURN TO: JASON QUISBERG (OFFICE: 651.604.4938) 6" PVC DRAIN TILE FAX: 651-636-1311 EMAIL: jason.quisberg@bonestroo.com No. Item Units Qty Unit Price Total Price COMPANY OFSIGNER: —,10AXK TTAV-,LQN1 00OC34-05172-0 1 RAIN GARDEN QUOTE b - I TITLE: e- RAIN GA RDEN 2931 / 2925 SUMTER AVE 100 t 1 t ; I COMMON EXCAVATION (EV) CY 55 S 2 GEOTEXTILE FABRIC TYPE I SY 90 3 S 3 6" PVC DRAIN TILE LF 60 S 0 —''" $ �>o 4 CONNECT DRAIN 'PILE TO STRUCTURE - 1 1L )0 EA I S 5 $ 5 MACHINE CORE SELECT GRANULAR BORROW 5 0 '717*41 TN 35 $ 6 PREMIUM TOPSOIL BORROW (LV) CY 10 S S 7 100% COCONUT FIBER BLANKET SY 90 8 CLASS I RANDOM RIPRAP CY 2 S i t $ 9 RAIN GARDEN PLANTING LS i $ 2 10. U4 - To T- - t 4 i 14, 3 ci NOTES: Drain the costs shall include fabric required, free draining aggregate, any fittings required to cone pipe, and Premium topsoil borrow shall be suitable for use as a plant growing medium in a plant bed. Rip rap costs shall include required fabric and 6" of aggregate bedding. Rain Garden Planting shall include supplying plants per planting schedule and installation. COMPANY OFSIGNER: —,10AXK TTAV-,LQN1 00OC34-05172-0 1 RAIN GARDEN QUOTE b - I TITLE: e- A i COOR ®® DATE (MMIDDIY CERT o f LI I NSURAN CE 9/16/2011 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER CONT CT Michele Miller, CISR Bearence Management Group PJ1.Ead}> {651)227 8405ISSl)22T olol A l .� E -MAIL mmiller @bearence.com Post Office Box 64016 ADDRESS: __r.__.. __.._._.. .._. INSURED MN 55164 4 Minnesota Native Landscapes, Inc. INSURERC: 8740 77th St. NE ".._- ._._..._- INSURER Otsego MN 55362 -4321 -- nn <rr�nw nrz. r12- n1rtctt+xTc kit 11010MO.f'T.1 Al 1711 RnAgll Rr-Vl -glnN MI)MRFR- THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. F ..w �- ,.. _.....,_, ._ ..�. ._. .�.._ , �;Ab'b'l"T�u"' .... A ,.. . I POLIOYEai`' IN M OM L TYPE OF INSURANCE I ! POLICY NUMBER MMYq NYl°1' MM1ptJMYYY I LIMITS I'�MAi;"E"`YC7AENTE GENERAL LIABILITY v $ .. i X „COMMERCIAL GENERAL LIABILITY ( A CLAIMS -MADE X OCCUR CC2O86831 -1 # i PRM10 ll=a n rice „ -- S 10/15/ 201050 /15/2011 EDFXP( one person) }S PERSONAL & ADV INJURY S r ' 1,000,000 300, 00 ..... 0 10 000 1 , OOO E 1 ,._.. .._-. . _ .......... } GENERAL A GGREGATE s 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: f ? } } PRODUCTS COMP /OP AGG S _ 2,000,000 1 POLICY LX PRO- I I LOC t } . E AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I (Ea accident) $ 1,000000 � _ X ANY AUTO $ ALLOVJNEDAUTOS i p BA0866832 ( BODILY INJURY (Per parson) $ 0/15/2010 0/15/2011. ,...... I BODILY INJURY (Per ecddent)TS <._. ..........w. -111 SCHEDULED AUTOS E 'PROPERTY DAMAGE $ I X HIRED AUTOS i (Per accident) € ' X NON- OWNED AUTOS 1 t I I ! i Undannsured motorist BI single i $ I PIP -Basic IS X I UMBRELLA LIAR X OCCUR EACH OCCURRENCE I S 5,000,000 EXCESS LIAR I )--j J E AGGREGATE i S 5, 000, 000 ........._. DEDUCTIBLE I A I X RETENTION 5 10 000 Ca0866834 ; $ ;10/15/201010/15 /2011_ �� y A WORKERS COMPENSATION f AND EMPLOYERS' LIABILITY U- 0TH I Y�C STAT I j ,.- :.,,.J$Y_IJL "�S$ _. _.-.. y YIN ANY PROPRIETOR /PARTNERIEXECUTIVE ❑ I OFF7CERIMENIBER EXCLUDED? NtA# r i E.L. EACH AC CIDENT I s X10/15/2010 �0 /15 /2011 500 000 I (Mandatory In NH) C0866833 EL DISEASE EA EM PLOYER S ' : „.. _ . _._ — POLICY — L " — MIT 500 0 _.... ._._., I { i If yyes describe under DES4P.IFTION OF OPERATIONS he!Ow 3 E L. DISEASE ` S 500,000 A Pesticide- Herbicide i CC1086831 -1 10/15/2010 0/15/2015 300,000 ;Application Coverage , f DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) City of New Hope Sumter Avenue Rain Garden Project. The City of New Hope is named as Additional Insured in regard to the general liability form CG8156 on a primary and non contributory basis including completed operations where required by written contract. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Miller, CISR /MILLER Aakli/, ©1988 - 2009 ACORD CORPORATION. All rights reserved. INS026 aoosoe) l ne AGUKu name ana logo are reglsrerea martcs or At. vrtu Client #: 1753 WEIDINCI ACORD,. TIFI LIABILITY INSURANC D 4 1 3/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MN- COMMERCIAL LINES COBB STRECKER DUNPHY & ZIMMERMANN 150 S FIFTH ST STE 2800 MINNEAPOLIS, MN 55402 NAME: -2400 612 349 -2400 FAX 612 349 2490 MAINIo E :1: arc, No PRODUCE: CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED SR WEIDEMA INC INSURER A: CINCINNATI INSURANCE COMPANY 04/011201 INSURER B : $1000,000 17600 113TH AVE N - INSURER C: MAPLE GROVE, MN 55369 INSURER D: $500,000 INSURER E : $10,000 PERSONAL & ADV INJURY INSURER F X XCU COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE DDL N R U POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS A GENERAL LIABILITY EPP0015196 4/01/2011 04/011201 EACH OCCU RRENCE $1000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I I OCCUR DAMAGE T PREMISES Ea RENTED occurrence $500,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 X XCU X 1 CONTRACTUAL LIAB GENERAL AGGREGATE $2,000,000 GEN - L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY X PRO X LOC $ A AUTOMOBILE LIABILITY ANY AUTO EPP0015196 0410112011 04101/201 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS °-- X PROPERTY DAMAGE (Per accident) $ X $ NON -OWNED AUTOS A UMBRELLA LIAB X OCCUR CCC1151878 10/0712011 04/01/2012 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ X $ RETENTION $ 0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY/ N OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A WC192344201 STOP GAP LIABILITY ONLY IN THE STATE 4/01/2011 04/01/201 X WCSTATU- OTH- IER E.L. EACH ACCIDENT $50 0,000 E.L. DISEASE - EA EMPLOYEE $500,000 If yes, describe under D DESCRIPTION OF OPERATIONS below OF ND E.L. DISEASE - POLICY LIMIT $500,000 A STOP GAP LIAB: CAP5179070 4/0112011 04/01/201 EA ACC / DIS EA EMP / ND DIS POL LMT: $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 2011 INFRASTRUCTURE IMPROVEMENTS; NEW HOPE PROJECT NO. 877; BONESTROO PROJECT NO. 34- 10227 -0 (See Attached Descriptions) CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE, MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE T10N. All rinhfc rpeprvprl ACORD 25 (2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S413781/M406227 CJs DESCRIPTIONS (Continued from Page 1) ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY, AUTOMOBILE LIABILITY AND UMBRELLA LIABILITY APPLIES ON A PRIMARY BASIS AND THE INSURANCE OF THE ADDITIONAL INSURED SHALL BE NON - CONTRIBUTORY: CITY OF NEW HOPE (OWNER) BONESTROO (ENGINEER) AMS 25.3 (2009/09) 2 Of 2 #S413781/M406227 201 Infrastructure Improvements New Hope, MN Designated Representative: Name: Nick Holtz Title�. ..,_ Manager Address: 17600 113 Avenue North Maple Grove, MN 55369 Phone: 763-428-9110 Facsimile: 763-428-9095 Designated Representative: Name: Scott Enerson Title: Superintendent Address: 17600 113 th Avenue North Maple Grove, MN 55369 Phone: 763-428-9110 Facsimile: 763-428-9095 Designated Representative: Name: Donna Setter Title: Controller Address: 17600 113 Avenue North Maple Grove, MN 55369 Phone: 763-428-9110 Facsimile: 763-428-9095 Designated Representative: Name: Jason Pau Title: Project Manager Address: 17600 113 th Avenue North Maple Grove, MN 55369 Phone: 763-428-9110 Facsimile: 763-428-9095 Designated Representative: Name: Scott Weidema Title: President Address: 17600 113 th Avenue North Maple Grove, MN 55369 Phone: 763-428-9110 Facsimile: 763-428-9095 Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): S.R. Weidema, Inc. 17600 113th Avenue North Ma Grove, MN 55369 OWNER (Name and Address): CITY OF NEW HOPE 4401 Xylon Avenue North New Hope, MN 55428 SURETY (Name and Address of Principal Place of Business): Western Surety Company P. O. Box 5077 Sioux Falls, SD 57117 -5077 CONTRACT Date: April 13, 2011 Amount: ($3 ,458,126.86 ) Three Million Four Hundred Fifty Eight Thousand One Hundred Twenty Six Dollars and 86/100 Description (Name and Location): Project No. 877; 2011 Infrastructure Improvements Project BOND Bond Number: 929525828 Date (Not earlier than Contract Date): April 13, 2011 Amount ($3,458,126.86 ) Three Million Four Hundred Fifty Eight Thousand One Hundred Twenty Six Dollars and 86/100 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 drily executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: S.R. Weidema, Inc. Signature: (Seal) Name and Title: Scott Weidema President (Space is provided below for signatures of additional parties, if required.) SURETY Western Surety Company _ (Seal) Surety's Name and Corpo to Seal By Signature and Title Li da . French Attorney -in -Fact (Attach Power of Attorney) Attest: ff Signature and Title `��fiel Thomas Surety Account Rep SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) EJCDC No. C-610 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. 00610 -1 1. Contractor and Surety, jointly and severalty, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2, If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If then is no Owner Default, Surtty's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than iS days after receipt of such notice to discuss methods of performing the Contract, If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.1 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract, Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the team 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 omrtracxon, or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owiun for a contract for performance and completion of the Contact, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as dtac?ibed in Paragraph 6 in excess of the Balance of the Contract Price incanted by Owner resulting from Contractor Default; or 4.4. Waive its tight to perform and complete, arrange for completion, or obtain a new contactor and with reasonable promptness tinder 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 whok or in part and notify Owner citing reasons therefor. S. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety derianding 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 fiather notice Owner shall be entitled to enforce any remedy available to Owner. b. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than these of Contractor under the Contract, and the responsibilities of Owner to Surety dial! not be greater that those of Owner under the Contract To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of coats and damages on the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costa resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 63. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on Ow Bond to any person or entity other than Owner or its heirs, executors, adtmnist[arors, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts. purchase orders, and other obligations. 9. Any proceeding, kgal or equitable, under this Bond may be instituted in any court of oompetcnt jurisdiction in the location in which the Work or pat of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refitsea or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law. the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Conn actor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been 8trnkhed to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requitement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. i 2. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contactor under the Contract. 12.2. Cormr * The agreement between Owner and Canuxctor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contesaw Default: Failure of Contactor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the contract. 12.4. Owner Default Failure of Owner, which has neither been remedial 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 612- 349 -2400 Surety Agency or Broker Cobb Strecker Dunphy & Zimmermann, Inc. 150 South Fifth Street, Suite 2800, Minneapolis, MN 55402 Owner's Respresentative (engineer or other party) Bonestroo 00610 -2 16AV!IR -rik t •_� is Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of BuSinesS): S.R. Weidema, Inc. 17600 113th Avenue North Western Surety Company Maple Grove, MN 55369 P. 0. Box 5077 OWNER ( F N HOPE } Sioux Falls, SD 57117 -5077 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Bate: April 13, 2011 A=unt: ($3 ,458,126,86 )Three Million Four Hundred Fifty Eight Thousand One Hundred Twenty Six Dollars and 86/100 Description (Name and Location): Project No. 877; 2011 Infrastructure Improvements Project BOND Bond Number: 929525828 Date (Not earlier than Contract Date): April 13, 2011 Amount: ($3,458,126.86 ) Three Million Four Hundred Fifty Eight Thousand One Hundred Twenty Six Dollars and 86/100 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 Payment Bond to be duly executed on its behalfby its authedzed officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: S.R. Weidema, Inc. Signature: (Seal) Name and Title: Scott Weidema President (Space is provided below for signatures of additional partie,% if required.) 7 11 1 _W Western Surety Company (Sed) Surety's Name and Corporate ,Seal By; . Signature and Title Lindd K. Rench Attorr ..y -in -Fact (Attach Power of Attorney) „ Attest: / ` R 4 Sign audTitle kaS Thomas Surety Account Rep SURETY Surety's Nam and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) EJCDC No. 0.615 (2082 Edition) )riginalty prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Cominitttx, the Aasociated Central Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.. &0615 -1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. PrmMdy makes payment, directly or indirectly, for all sums due Claimants, and 12. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non - payment by Contractor by any person or entity who famished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided theta is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 41. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performied labor or last famished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was dare 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 comrrnmication from Contractor by which Contractor had indicated the claim will. be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice famished to Contractor. 5. If a notice by a Claimant requited by Paragraph 4 is provided by Owner to Contractor or to Sur cty, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bard shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor famishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that sue unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Band, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished tu.comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. i S. DEFIMTIONS 151. Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction whore the labor, materials, or equipment were furnished. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 153. 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 612 - 349 -2400 Surety Agency or Broker: Cobb Strecker Dunphy & Zimmermann, Inc. 150 South Fifth Street, Suite 2800, Minneapolis, MN 55402 Owner's Representative (engineer or other party): Bonestroo , , 00615 -2 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) ss. On this 13th day of April 2011 County of HENNEPIN before me appeared Scott Weidema to me personally known, who, being by me duly sworn, did say that he is the President of S.R. WEIDEMA, INC. Ir a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (if no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Scott Weidema acknowledged said instrument to be the free act and deed of said corporation. ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. On this 13th day of Ap 2011 County of HENNEPIN ) before me appeared Linda K. French to me personally known, who, being by me duly sworn, did say that she is the Attorney-in-Fact of WESTERN SURETY COMPANY a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Linda K. French acknowledged said instrument to be the free act and deed of said corporat'on. Notary Publi County, R,A(7HEL THMOIAS 1, - my commission expires O.t".HY PUBLIC-VNNESOTA N T 1.1y Ccmmismn Expires J 19 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Bruce N Telander, Donald R Olson, John P Martinsen, R Scott Egginton, John E Tauer, Linda K French, Craig Remick, Roger W Frank, Nicole Nelson, Rachel Thomas, Joshua R Loftis, Brian J Oestreich, Individually of Minneapolis, MN, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this I5th day of October, 2010. WESTERN SURETY COMPANY - ZrZ� fZ' Paul . Bruflat, Senior Vice President State of South Dakota SS County of Minnehaha On this 15th day of October, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation My commission expires + s D. KRELL s November 30, 2012 s SAE NOTARY PUBLIC SE LAA s s SOUTH DAKOTA s +SyS�,y�.a5h5�,hy5hhhy5�,y55 + A-a D. Krell, No ry Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 13 th day of April 2011 t S� "ErY� O WESTERN SURETY COMPANY �Woop 4 / �• L. Nelson, Assistant Secretary Form F4280 -09 -06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. w — ST6 vin ,Tit3 - - atw ___ $ ^. R .. -.. 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M m I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. C� ACf:�' Jason P. Quisberg, P.E. Date: 2 -28 -11 License # 44315 PROFESSIONAL CERTIFICATIONS © 2011 Bonestroo 100034-10227-0 000105-1 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 0001 10 Table of Contents Procuremi 00 1113 0021 13 00 31 00 0041 10 ant Requirements Advertisement for Bids Instructions to Bidders Available Project Information Soil Boring Logs Bid Form Contracting Requirements 0052 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C -700 Standard General Conditions of the Construction Contract (2002 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 0300 Alternates 01 1000 Summary 01 20 00 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 70 00 Execution Requirements Division 02 — Existing Conditions 0241 13 Selective Site Demolition Division 3 to 19 - Not Used FACILITY SERVICES SUBGROUP Division 20 to 29 - Not Used SITE AND INFRASTRUCTURE SUBGROUP Division 30 - Not Used 31 1000 Site Clearing 31 23 00 Excavation and Fill 3123 13 Subgrade Preparation 31 32 19 Geosynthetic Soil Stabilization and Layer Separation TABLE OF CONTENTS © 2011 Bonestroo 1000034-10227-0 000110-1 3132 19 Geosynthetic Soil Stabilization and Layer Separation Division 32 — Exterior Improvements 32 1123 Aggregate Base Courses 32 1125 Full Depth Reclamation 32 1201 Flexible Paving (Municipal Projects) MnDOT Specification 2360 Plant Mixed Asphalt Pavement 2360 Gyratory Design Specification dated February 1, 2010 32 13 14 Concrete Walks, Medians, and Driveways 32 16 13 Concrete Curbs and Gutters 32 1723 Pavement Markings 32 92 00 Turf and Grasses Division 33 - Utilities 33 05 05 Trenching and Backfilling 3305 17 Adjust Miscellaneous Structures 33 08 30 Commissioning of Sanitary Sewer Utilities 33 1000 Water Utilities 33 12 12 Water Services 3331 00 Sanitary Utility Sewer Piping 3331 14 Sanitary Sewer Services 33 40 00 Storm Sewer Drainage Utilities 33 46 00 Subdrainage Division 34 — Transportation 3441 13 Traffic Signals Division 35 to 39 - Not Used PROCESS EQUIPMENT SUBGROUP Division 40 to 49 — Not Used TABLE OF CONTENTS © 2011 Bonestroo 1000034-10227-0 0001 10-2 � • r Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 1:30 P.M., CDT, Thursday, March 31, 2011, 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: 2011 Infrastructure Improvements, City Project No. 877 In general, Work consists of the following approximate quantities: 11,225 LF Residential Street Reconstruct, incl. removals, concrete curb and gutter, bituminous pavement, aggregate base, driveway aprons, sodding, etc. 6,250 LF Street Mill and Overlay and Reclaim and Pave 31,000 CY Common Excavation, off -site 12,000 LF DIP Water Main Replacement, incl. hydrants, valves, fittings, services etc. 1 LS Temporary Water Service 112 TREE Clearing and Grubbing 1,000 LF Storm Sewer Replacement, incl. structures, drain tile, etc. 500 LF Sanitary Sewer Replacement, Incl. pipe, fittings, services etc. 500 LF Striping, incl. Pavement Marking 4 EA Loop Detector Replacement Bidding Documents may be purchased by credit card at www.bonestroo.com (follow the Plan Room link) for a fee of $75 (for a paper copy), or a fee of $20 (for a download digital copy). Bidders may purchase a paper copy of the Bidding Documents from the Issuing Office of Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636 -4600 with a check for a fee of $75. Bidding Documents may be viewed at the office of the City of New Hope and at the Issuing Office. 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 Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and 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. Kirk McDonald, City Manager City of New Hope, Minnesota ADVERTISEMENT FOR BIDS © 2011 Bonestroo ( 000034 - 10227 -0 0011 13-1 tMICAIrlih 1 '• • r� 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 deposit sum, if any, stated in the Advertisement or Invitation 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 authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to go to the Bonestroo Plan Room, check for the presence of Bidding Documents (including Addendum), and download documents as they become available. Bidder shall regularly check the Bonestroo Plan Room for Addendum or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addendum from Bonestroo. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. D. Bidders are subject to the Terms of Use and Limitations on Use detailed in the Bonestroo Plan Room. INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1 000034 - 10227 -0 0021 13-1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. 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 known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the 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 any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-10227-0 0021 13-2 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, and the other related data identified in the Bidding Documents; 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 relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site - related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) 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; and (3) Bidder's safety precautions and programs; 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 required, 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; INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-10227-0 0021 13-3 H. 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 I. 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. 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 AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addendum 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 Addendum 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, 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 consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-10227-0 0021 13-4 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 7days after the Bid Opening. ARTICLE 9-CONTRACT TIMES 9.O1 The number of days within which or the dates by whichMi|estomesare to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in t Agreement. ARTICLE 10-LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ART 11- SUBSTITUTE AND - OR-EQUAV ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the 8iddingDOcum8nhsvvithoutconsideraLiOn0fpossib|esVbStitut8or"or'equa|"itenn5.VVhaneveritis 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 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 S0 listed and against which Owner or Engineer makes no written object prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.O] Contractor shall not be required t0 employ any subcontractor, supplier, individual, U, entity against whom Contractor has reasonable objection. INSTR0CHOSTOBIDDERS (�2011 Bonastmo 1 000034-10227-0 0021 13-5 ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price 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. 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. 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. 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. 13.08 All names shall be 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 Postal and e-mail addresses and telephone and fax numbers 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 Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-10227-0 0021 13-6 B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates and Substitute Items accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternates or Substitute Item Bids. 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.023 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package 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 package plainly marked on the outside with the notation "BID ENCLOSED ". A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and /or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same 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 or Invitation for Bids and, unless obviously non - responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-10227-0 0021 13-7 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 Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than 1 Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and 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 proposed for those portions of 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 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. INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1000034-10227-0 0021 13-8 ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along 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. t • t INSTRUCTIONS TO BIDDERS © 2011 Bonestroo 1 000034 - 10227 -0 0021 13-9 L • lylzcs will PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. 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 information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. B. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. Report dated March 15, 2011, prepared by Braun Intertec Corporation entitled "Geotechnical Evaluation Report — 2011 Infrastructure Improvements Near Medicine Lake Road and Winnetka Avenue, New Hope, Minnesota ". Not Used. PART 3 EXECUTION Not Used. AVAILABLE PROJECT INFORMATION © 2011 Bonestroo 1000034-10227-0 003100-1 Z UJ E log Mi I t'; Z V1OS3NN1VV3dOH MaN siN3vq3A0Hdv11 3Hn.LonHiS":iNI WIZ NouvnivA3 WOINHO31030 HOiMiS NO11VOO1 ONNOG 11013 Jim It M III w [It■ I I I Mil I M III to III I z MN Wk! ■ N 3A1 VNvs,no, ■ ■ ■ ■ ■ N 9AV V)LL3NN1M ■ N 3AV HVLn ■ ■ tA 3Av VININIA ■ ■ z r� z NOIAX z �II L ON N 3AV VaVA30 ■ % Vaagi L ti I axu ws 02 Z 0 2 z 0 IL Z IL z w O S AX MY z 0 u Z z W Braun Project BL -11 -00672 BORING: S TA GEOTECHNICAL EVALUATION LOCATION: See attached sketch. Street Reconstruction Medicine Lake Dr. & Winnetka Ave. New Hope, Minnesota DRILLER: D. Bailey METHOD: 31M' HSA, Autohammer DATE: 2/2$/11 1 SCALE: 11P=41 Depth feet Description of Materials p BPF WL MC Tests or Notes 0. 0 Symbol (Soil - ASTM D2488 or D2487, Rock -USACE EM1110 -1 -2908) % PAV 5 inches of bituminous. FILL FILL: Poorly Graded Sand with Sift, fine- to medium - grained, — 1.9 with Gravel, brown, frozen. FILL FILL: Clayey Sand, brown, frozen. 27 4.0 FILL FILL: Sandy Lean Clay, with a trace of Gravel, brown, moist. — 11 15 i ° 7.0 CL SANDY LEAN CLAY, with a trace of Gravel, brown, moist, s rather stiff. 9 _ (Glacial Till) s s —'" 12 11.0 i END OF BORING. } Water not observed to cave -in depth of 5 feet immediately after _ withdrawal of auger. — Boring then grouted. t — 1 1 I I I I of ' N M O a-4 H m tD z 00 m a tV n tD F 1 UL - 11 - UU01L uI.." nncascv w�,,vccxrv.� BRAUN` L 8 O R I N INTERTEC Braun Project BL-11-00.672 BORING: ST GEOTECHNICAL EVALUATION LOCATION: See attached sketch. Street Reconstruction Medicine Lake Dr. & Winnetka Ave. New Hope, Minnesota DRILLER: D. Bailey METHOD: 3 1/4" HSA, Autohammer DATE: 2/28111 SCALE: 1 Depth feet Description of Materials BPI~ WL Tests or Notes 0.0 Symbol (Soil- ASTIJ D2488 or D2487, Flock -USAGE EMI 110-1 -2908) n 5 PAV 15 1/2 inches of bituminous. FILL : _J7 1 FILL FILL: Poorly Graded Sand with Silt, fine- to medium-grained, 1.7 with Gravel, brown, frozen. — 38 a trace 8 CL M SANDY LEAN CLAY, brown and gray, moist, medium to stiff. (Glacial Till) � 6 15 END OF BORING. Water not observed to cave-in depth of 8 1/2 feet immediately after withdrawal of auger. Boring then grouted. 8 ri BRAUN INTERTEC Braun Project BL -11 -00672 BORING: ST -3 GEOTECHNICAL EVALUATION LOCATION: See attached sketch. Street Reconstruction Medicine Lake Dr. & Winnetka Ave. New Hope, Minnesota DRILLER: D. Bailey METHOD: 31/4 HSA Autohammer DATE: 2/2$111 SCALE: 1" =4' Depth feet Description of Materials BPF WL MC Tests or Notes 0.0 Symbol (Soil - ASTM D2488 or D2487, Rock -USAGE EM1110- 1 -2908y % PAV 8 inches of bituminous over 9 inches of aggregate base. — 1.4 FILL FILL: Sandy Silt, gray, moist. *50 +/4° — Pushed rock. 4.0 FILL FILL: Lean Clay with Sand, gray to brown, moist. 9 20 Pushed rock. i '- 7.0 SC CLAYEY SAND, brown to gray, moist, stiff to very stiff. (Glacial Till) 15 s i 's ?� 23 11.0 END OF BORING. _ Water not observed to cave -in depth of 8 feet immediately after _ withdrawal of auger. — Boring then grouted. t �- 1 i — i t i is c 'c c E 6 3 7 L V a C BL -11 -00672 Braun iniefte Corporarlon wb RRAHN" LOG OF BORIN INTERTEC Braun Project BL-11-00672 BORING: ST-4 GEOTECHNICAL EVALUATION LOCATION: See attached sketch. Street Reconstruction Medicine Lake Dr. & Winnetka Ave. New Hope, Minnesota DRILLER: D. Bailey METHOD: 31/4rHSA,Autohammer DATE: 2128/11 SCALE: 1" = 4' Depth feet Description of Materials BPF WL MC IP200 Tests or Notes 0.0 Symbol I {Soil- ASTM D2488 or D2487, Rock-USACE EM1110-1-2908) 1% % PAVE 7 inches of bituminous over 7 inches of aggregate base. — 1.2 FILL M FILL: Sandy Silt, gray to black, frozen to moist. 15 Sc CLAYEY SAND, blue to gray, moist, stiff. 0 (Glacial Till) __ J 15 CL M LEAN CLAY, gray to brown, wet, rather stiff. (Glacial Till) 491 1 20 M in O ei O tY 0. tV p b O . O LL=27, PL=14, PI=13 ' BL-11-00677 Braun Interter Corporation 9T page END OF BORING. Water not observed to cave-in depth of 7 feet immediately after withdrawal of auger. 0; 61— Boring then grouted. M in O ei O tY 0. tV p b O . O LL=27, PL=14, PI=13 ' BL-11-00677 Braun Interter Corporation 9T page INTERTEC ItexcKell -M 7-yeJAVE-el Braun Project BL-11-00672 BORING: $T-5 GEOTECHNICAL EVALUATION LOCATION: See attached sketch. Street Reconstruction Medicine Lake Dr. & Winnetka Ave. New Hope, Minnesota DRILLER: D. Bailey METHOD: 31/4" NSA, Autohammer DATE: 20/111 SCALE: 11.=4' Depth feet Description of Materials BPF WL Tests or Notes 0.0 Symbol (Soil- ASTM D2488 or D2487, Rock -USAGE EMI 110-1-2908) PAV 7 inches of bituminous over 8 inches of aggregate base. 1.3 1 FILL FILL: Sandy Lean Clay, fine- to medium-grained, with a trace of Gravel, brown, frozen to moist. 29 22 0 P 7.0 SC CLAYEY SAND, with a trace of Gravel, brown and gray, moist, very stiff. 27 0 (Glacial Till) 25 11.0 END OF BORING. Water not observed to cave-in depth of 8 feet immediately after withdrawal of auger. D Boring then grouted. D BL-11-00672 Braun Intertec Corporation S1 -6 page i of i THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Ave North New Hope, MN 55428 -4898 S.R. Weidema, Inc. N. 10101; DOCUMENT 00 4110 BID FORM 2011 INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 877 PROJECT NO, 000034-10227-0 NEW HOPE, MINNESOTA 2011 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. Addendum Date A March 29, 2011 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. D. 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. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the 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. 000034 - 10227 -0 © 2011 Bonestroo 0041 10-1 BID FORM F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. 1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 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. 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. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation conceming 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 dear 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 11.033 of the General Conditions 000034 - 10227 -0 © 2011 Bonestroo 0041 10-2 BID FORM 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: 1 MOBILIZATION LS 1 $ $ f X - 2 TRAFFIC CONTROL LS 1 $ $ 0 • C; 3 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 2200 $ ^ I $ Cr �' . CSC~ 4 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 2150 $ ^ j $ 3 c 5 REMOVE CONCRETE CURB AND GUTTER LF 20500 $ S f $ S -42 6 REMOVE CONCRETE CURB AND GUTTER (SPECIAL) LF 2150 $ :57 v c- $ 7 REMOVE CONCRETE WALK SF 2000 $ c> . � q $ y O ^ o C) 8 REMOVE CONCRETE VALLEY GUTTER LF 200 $ 4, 7 3 $ oo 9 REMOVE CASTING EA 98 $ S 7, 5 $ V Z 10 SALVAGE HYDRANT EA 16 $ 3 3 -3 - 7 7 $ 11 REMOVE MANHOLE OR CATCHBASIN EA 17 $ - 7 q $ G 12 REMOVE WATER MAIN LF 8150 $ ^ t a $ - -5 1 4 F 13 REMOVE SANITARY SEWER PIPE LF 535 $ 1 4 - T9 $ 1 4 14 SAWING BITUMINOUS PAVEMENT LF 1350 $ 15 CLEARING TREE 112 $ $ � C 16 GRUBBING TREE 112 $ '90- co $ 9 17 MILL BITUMINOUS PAVEMENT (1.5") SY 11368 $ 1 - o'0, $ " L"�S 18 RECLAIM BITUMINOUS PAVEMENT SY 42345 $ 6�2 $ -5 76 TN 25684 $ U $ 111�13' 19 SELECT GRANULAR BORROW (MODIFIED) 20 SELECT TOPSOIL BORROW (SPECIAL) CY 3775 $ P), 610 21 1 1/2" - 3" AGGREGATE TN 5000 $ $ 000034-10227-0 @ 2011 Bonestroo 0041 10-3 BID FORM 22 AGGREGATE BASE, CLASS 5 TN 18600 $— $ / --15' 23 COMMON EXCAVATION CY 27065 $ $ 1-36 - 3 4-4 24 SUBGRADE EXCAVATION CY 1500 $ $ 25 GEOTEXTILE FABRIC, TYPE V NON-WOVEN SY 38915 $ /.73 $ 6 26 IMPROVED PIPE FOUNDATION LF 500 $ 6.1c) $ C c- 27 STREET SWEEPER WITH PICKUP BROOM HR loo $ c $ 13 S 0 • C 28 WATER FOR DUST CONTROL MG 400 $ $ 29 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TN 4700 $ 30 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B), FOR TN 100 $ $ ( (Z) cl 0 DRIVEWAYS 31 TYPE SP 12.5 NON WEARING COURSE MIXTURE (2,B) TN 4900 $ c l. C to $ c A I CN ' u 32 BITUMINOUS MATERIAL FOR TACK COAT GAL 2700 $ $ ' c' c� 33 PUMPING - SANITARY SEWER BYPASS LS 1 $ 7 �' $ 34 8" PVC SANITARY SEWER PIPE - SDR 35 LF 535 $ �0'90 $ S c' 35 8" x 6" PVC WYE EA 14 $ - I I - V1 $ 36 RECONNECT SANITARY SEWER SERVICE EA 14 $ �jq . J $ 37 CONNECT TO EXISTING SANITARY MANHOLE EA 2 $ $ q 38 CONNECT TO EXISTING SANITARY SEWER PIPE EA 16 $ 3 - 7 0. $ c k c i., -3 1 t,, b - 13,. 39 CONNECT TO EXISTING WATER MAIN EA 20 $ . 40 DUCTILE IRON FITTINGS LB 8600 $ - C ? $ a 1 - 5 i. a . c- EA 16 $ $ q -1 ! S" 9 41 INSTALL HYDRANT AND VALVE 150 $ $ +Qj' 00 42 INSULATION, 2" THICK SY ;2 3 43 6" DIP WATER MAIN, CLASS 52 LF 10250 $ $ 42ql, (66 44 8" DIP WATER MAIN, CLASS 52 LF 440 $ 1 9 $ $ k43L111. ) q 3 , , jj _ j. q�) - 45 TEMPORARY WATER SERVICE LS 1 000034-10227-0 BID FORM C 2011 Bonestroo 0041 10-4 46 6" GATE VALVE AND BOX EA 32 $ 9 3, 1 S' $ L4. — y c 47 8" GATE VALVE AND BOX EA 3 $ t I Q- C*� ?$ --. fl :-k L l 48 RECONNECT WATER SERVICE EA 185 $ $ 49 1" CORPORATION STOP EA 184 $ ____L q $ 50 2" CORPORATION STOP EA 1 $ $ 51 1" CURB STOP AND BOX EA 184 $ m3 52 2" CURB STOP AND BOX EA 1 $ cf $ 59 53 1" TYPE "K" COPPER WATER SERVICE LF 5025 , 6 $ AS -- $ 54 2" TYPE "K" COPPER WATER SERVICE LF 30 $ -.4 J $ 55 CONSTRUCT BULKHEAD EA 12 $ 93. 35 $ 4 ,3 J c-k 56 REPAIR SANITARY SEWER SERVICE PIPE EA 25 $ $ 9 57 ADJUST VALVE BOX - EXISTING EA 6 $ 3 S6 $ 1 a(, 58 ADJUST HYDRANT EA 16 $ 5") 0 a $ � 59 ADJUST FRAME AND RING CASTING - EXISTING EA 17 $ L4 3� - L-1 $ 'I 3 60 CASTING ASSEMBLY EA 98 $ 1 f (1 9 L- 1 $ 3 4 , S- 61 INSTALL CASTING EA 98 $ L-9 $ 9 62 EXTERNAL SEAL SYSTEM EA 55 $ � ) $ N t 1 4 3 - o 15 63 27" DIAMETER YARD DRAIN EA 1 $ q $ � c", Li 64 2'x TCATCH BASIN EA 3 $ y 9 G $ Ll , LA 'K 'j -3 65 4' DIAMETER STORM SEWER CBMH EA 5 $ b- q 66 4' DIAMETER STORM SEWER MH EA 2 $ C'j � 67 4.5' DIAMETER STORM SEWER MH EA s $ _6 5 68 5.5' DIAMETER STORM SEWER CBMH EA 1 $ !S ol 69 8.5' DIAMETER STORM SEWER MH EA 1 $ 9 N - A 000034-10227-0 0 2011 Bonestroo 0041 10-5 BID FORM 70 CONNECT EXISTING PIPE TO STORM STRUCTURE EA 48 $ � - 3 . L 6- $ � - 7. 0 ';� �' - A c'- 71 CONNECT TO EXISTING STORM STRUCTURE EA 1 $ 3 $ I —"I 72 8" PVC STORM SEWER, SDR-26 LF 120 $ -) $ t ' c-" c" " s 73 4" PERFORATED PVC DRAIN TILE LF 940 $ "j. $ ci L4 74 CONNECT DRAIN TILE TO STRUCTURE EA 37 $ -3- 2) • $ 1 ('- 75 8618 CONCRETE CURB AND GUTTER LF 20500 $ '3 51 $ - 1 q . Ll D C> 76 CONCRETE CURB AND GUTTER (SPECIAL) LF 2150 $ � O $ 13 3, � 45 • C c) 77 4" CONCRETE WALK SF 750 $ 3q $ 3, t) 78 7" CONCRETE VALLEY GUTTER SY 45 $ L-4 Q S' $ ) , 1 79 6" CONCRETE DRIVEWAY PAVEMENT SF 33750 $ L 4 - S $ S 80 CONCRETE PEDESTRIAN CURB RAMP EA 18 $ '= 2 c' o C. C." $ -,.- � 81 TRUNCATED DOME PANEL SF 168 $ $ '9 - 7 • 82 REMOVE DRIVEWAY PAVER SF 200 $ $ 83 INSTALL DRIVEWAY PAVER SF 200 $ $ 84 TEMPORARY MAILBOXES LS 1 $ 0 $ 85 SODDING, LAWN TYPE SY 34000 $ $ 86 SEEDING AC 1 $ `3co?' C' c) $ o c' 87 RELOCATE LIGHT STANDARD EA 13 $ LA o $ C) C) 88 SILT FENCE, TYPE MACHINE SLICED MAINTAINED LF 500 $ S7 $ c- c> 89 INLET PROTECTION, MAINTAINED EA 80 $ go $ $ '- 6 TOTAL BASE BID 000034-10227-0 @ 2011 BonesttDo 0041 10-6 BID FORM 000034-10227-0 @ 2011 Bonestroo 0041 10-7 BID FORM ALTERNATE NO. 1- NEVADA AVENUE NORTH RECONSTRUCTION 90 MOBILIZATION LS I 91 TRAFFIC CONTROL LS 1 $ 'ms 92 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 125 $ 3.19 $ 93 REMOVE CONCRETE DRIVEWAY PAVEMENT SY ISO $ i'6 $ 94 REMOVE CONCRETE CURB AND GUTTER LF 2200 $ 'F s- $ c"'c' 95 REMOVE CONCRETE WALK SF 250 $ ••) -4 $ 6 $ $ L4 96 REMOVE CASTING EA EA 4 $ $ 97 SALVAGE HYDRANT 98 REMOVE WATER MAIN LF 995 $ $ c L4.14 99 SAWING BITUMINOUS PAVEMENT LF 400 $ � , '7 $ cC ' 100 CLEARING TREE 3 $ —� SCE $ C" 101 GRUBBING TREE 3 $ CG $ 3 C--c -' 102 RECLAIM BITUMINOUS PAVEMENT SY 4266 $ 6 J $ 3,36 103 SELECT GRANULAR BORROW (MODIFIED) TN 3500 $_ & $ 056' /5 60 $ 21w 104 SELECT TOPSOIL BORROW (SPECIAL) CY 405 $ 1 105 1 1/2" - 3" AGGREGATE TN 1000 $ $ f 30 5 �16 106 AGGREGATE BASE, CLASS 5 TN 3550 $ $ 107 COMMON EXCAVATION CY 4208 $ $ Z3, X?o 108 GEOTEXTILE FABRIC, TYPE V NON-WOVEN SY 5072 $ $ 109 IMPROVED PIPE FOUNDATION LF 100 $ 0 C $ 110 STREET SWEEPER WITH PICKUP BROOM HR 25 $ 3 5� oc' $ 3 - 7 S" o III WATER FOR DUST CONTROL MG 100 $ _--3Q, i 1 $ 112 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TN 375 $ 000034-10227-0 @ 2011 Bonestroo 0041 10-7 BID FORM 113 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B), FOR $ (,-, .C' C' $ 44 , 3 C .Cl?�' DRIVEWAYS 114 TYPE SP 12.5 NON WEARING COURSE MIXTURE (2,B) 115 BITUMINOUS MATERIAL FOR TACK COAT 116 CONNECT TO EXISTING WATER MAIN 117 DUCTILE IRON FITTINGS 118 INSTALL HYDRANT AND VALVE 119 INSULATION, 2" THICK 120 6" DIP WATER MAIN, CLASS 52 121 8" DIP WATER MAIN, CLASS 52 122 TEMPORARY WATER SERVICE 123 8" GATE VALVE AND BOX 124 RECONNECT WATER SERVICE 125 CONSTRUCT BULKHEAD 126 REPAIR SANITARY SEWER SERVICE PIPE 127 ADJUST VALVE BOX - EXISTING 128 ADJUST HYDRANT 129 CASTING ASSEMBLY 130 INSTALL CASTING 131 EXTERNAL SEAL SYSTEM 132 4" PERFORATED PVC DRAIN TILE 133 CONNECT DRAIN TILE TO STRUCTURE 134 8618 CONCRETE CURB AND GUTTER 135 4" CONCRETE WALK 136 8" CONCRETE DRIVEWAY PAVEMENT TN so $ (,-, .C' C' $ 44 , 3 C .Cl?�' TN 1000 $ ��.�' y C C C.� cl GAL 450 EA 3 $ LB 3850 $ �I $ , 3 C o GG SY 50 $ LF 62 $ 5. -a LF 1213 $ $ LS 1 EA 9 $ f .� $ EA 5 $ oc , f $ !� fs c) EA 2 $ � 3 . 5 3 $ c' EA 3 $ . 3'�g9. .3 1, 1sy. EA 1 $ ,:,) 7 j , $ 5 = EA 4 $ qgq. O $ �, - 19 EA 6 c 9 $ .3cJ $ ! O 3L4 3a EA 6 $ J 3 d, s —L 9 4 Q, EA 6 $ C $ �, 1 © LF 40 $ `7 " ( c $ '1 - L4 0 EA 2 $ LF 2200 $ SF 100 $ SF 1500 $ S $ 4 <_l 000034 - 10227 -0 BID FORM © 2011 Bonestroo 0041 10-8 137 CONCRETE PEDESTRIAN CURB RAMP EA 2 $ C7 0 $ o' C> 138 TRUNCATED DOME PANEL SF 24 $ $ c 139 SODDING, LAWN TYPE SY 3650 $ $ - 7. 9 S C 140 SEEDING AC 0.5 $ oc $ L4 D 6') EA 4 $ 1 �$ y c C- C> 141 NMC LOOP DETECTOR (6' x 142 24" SOLID STOP LINE (BAR), WHITE PAINT LF 69 $ Ll 143 PAVEMENT MESSAGE, LEFT TURN ARROW - PAINT EA 6 $ $ 144 4" DOUBLE SOLID LINE, YELLOW PAINT LF 480 $ $ C� D 145 4" SOLID LINE, WHITE PAINT LF 480 $ $ (4 Cl Q- $ 5c� 146 SILT FENCE, TYPE MACHINE SLICED MAINTAINED LF 250 $ 4 $ 37 90 $ GJ- 147 INLET PROTECTION, MAINTAINED EA $ Jc� 73 TOTAL ALTERNATE NO. 1- NEVADA AVENUE NORTH RECONSTRUCTION 000034 - 10227 -D 0041 10-9 BID FORM @ 2011 Bonestroo 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.8 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 March 31 2011. If Bidder Is: An Individual a Name (typed or printed): (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): (SEAL) Phone No.: Fax No.: 000034- 10227 -0 © 2011 Bonestroo 004110-10 BID FORM A Partnership A Corporation Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Corporation Name: S.R. Weidema , Inc. (SEAL) State of Incorporation: Minnesota Type (General Business, Pro io , Service, Limited Liability): General Business By: (Signature) Scott Weidema Name (typed or printed): _ President Title: Attest (CORPORATE SEAL) (Signature of &T0b- M ) Business Street Address (No P.O. Box #'s): 17600 113th Avenue North Maple Grove, MN 55369 Phone No.: 76 428 -9110 Fax No.: 763- 428 -9095 000034 - 10227 -0 © 2011 Bonestroo 004110-11 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). Fax No.: 000034 - 10227 -0 © 2011 Bonestroo 004110-12 BID FORM AIA Document A310 Bid Bond NOW ALL MEN BY THESE PRESENTS, THAT WE S.R. Weidema Inc. 7600 113th Avenue North Maple Grove, MN 55369 Principal, hereinafter called the Principal, and Western Surety Company '. O. Box 5077 Sioux Falls SD 57117 -5077 corporation duly organized under the laws of the State of SD Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF NEW HOPE 4401 Xylon Avenue North, New Hope, MN Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars {$ 5% ), r the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, cecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. (HEREAS, the Principal has submitted a bid for City Project No. 877; 2011 Infrastructure Improvements DW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with e Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Dntract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt ryment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter ich Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the malty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith intract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise remain in full force and effect. fined and sealed this 31st day of March , 2011 AIA DOCUMENT A310 0 BID BOND 0 AIA 0 FEBRUARY 1970 ED. 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Scott Weidema President (iroe) ACKNOWLEDGMENT OF CORPORATION 'State of MINNESOTA ) ) ss. On this 31st day of March 20 County of HENNEPIN ) before me appeared Scott Weidema to me personally known, who, being by me duly sworn, did say that he is the President of S.R. WEIDEMA, INC. a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (if no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation authority of its Board of Directors; and that said Scott Weidema ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOT ) ) ss. On this 31st day of March 20 County of HENNEPIN ) before me appeared Brian J. Oestreich to me personally known, who, being by me duly sworn, did say that s he is the Attorney -in -Fact a rr�+G�mz+nA� 0LTEmY CCr.rPA_TMIY a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Brian J. Oestreich a cknowledged said instrument to be the free act and deed of said corporation.,, by Western Surety Compan\A POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Bruce N Telander, Donald R Olson, John P Martinsen, R Scott Egginton, John E Tauer, Linda K French, Craig Remick, Roger W Frank, Nicole Nelson, Rachel Thomas, Joshua R Loftis, Brian J Oestreich, Individually of Minneapolis, MN, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 15th day of October, 2010. °uae "r "'• WESTERN SURETY COMPANY W ?a Rv0a`'c =H:4 As' 2 Paul ZBruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 15th day of October, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation My commission expires +' " """' "'` ''` ` '` '` '` + s D. KRELL s November 30, 2012 s AE NOTARY PUBLIC SEAL s s SOUTH DAKOTA s +5hhhh5h5h5hyyyhy5y�,�,�,yy + Aj�s ktew D. Krell, No ry Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this __ 31 '3 t_ day of March 2 011 ^....... WESTERN SURETY COMPANY C AV ` ,��a,............�o . z N2' C W .4 j 1�i De °�Tk L. Nelson, Assistant Secretary Form F4280 -09 -06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. °mxa ... Minnesota Department of HUMAN RIGHTS Your organization's affirmative action plan has been approved. The department's review of your equal employment opportunity policies and practices indicates compliance with Minnesota Statutes 363A.36. This document constitutes your certificate of compliance. S R WEIDEMA, INC. is hereby certified as a contractor by the Minnesota Department of Human Rights. This certificate is valid from 2117/2011 to 2/1612013. This certification is subject to revocation or suspension prior to its expiration if the department issues a finding of noncompliance or if your organization fails to make a good faith effort to implement its affirmative action plan. Enclosed is an annual report form to be completed and submitted annually during the certification period whether a state contract has been awarded to you or not. You must submit reports as required and promptly notify us of anv address or status chanaes. If you have any questions contact Melanie Miles at 651- 297 -1687 Sincerely, Wendy Adler Robinson, Acting Commissioner Minnesota Department of Human Rights Enclosures: Annual Report Forms Posters (2) AN EQUAL OPPORTUNITY EMPLOYER Sibley Square at Mears Park • 190 East 5th Street, Suite 700 ® Saint Paul, Minnesota 55101 Tel 651.296.5663 ° TTY 651.296.1283 a TF 800.657.3704 • Fax 651.296.9042 • www.humanrights.state.mn.us ': • 1 1 ii • z '' THIS AGREEMENT is by and between the City of New Hope, Minnesota {hereinafter called Owner) and S.R. Weidema, 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: municipal utility and street improvements. 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: 2011 Infrastructure Improvements, City Project No. 877 for the City of New Hope, Minnesota. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Bonestroo (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 14, 2011, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before July 20, 2012. Substantial Completion Date shall be defined as the completion of the following items: 1. Installation of utilities. 2. Completion of street work — including aggregate base, concrete curb and gutter, non -wear pavement, and driveway approaches. B. Work under the Base Bid section of the contract cannot start until June 13, 2011. Only pavement reclamation and tree removals may begin upon contract approval. C. Nevada Avenue North Reconstruction — Alternate No. 1, if awarded, may start upon contract approval. Once any work begins, beyond reclamation, the contractor has 45 calendar days to substantially complete the work. Substantial Completion shall be defined as the completion of the following items: AGREEMENT FORM © 2011 Bonestroo 1000034-10227-0 005210-1 1. Installation of utilities 2. Completion of street work — including aggregate base, concrete curb and gutter, non -wear pavement, and driveway approaches D. Any remaining restoration work shall be completed on or before May 15, 2012. E. All wear course paving shall be completed on or before July 1, 2012. 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 $500 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 $500 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. B. 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 $500 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. r a 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on Three Million Four Hundred Fifty Eight Thousand, One Hundred Twenty Six Dollars and Eighty-Six Cents ($3,458,126.86) for the Total Base Bid and Alternate No. 1. 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. AGREEMENT FORM © 2011 Bonestroo 1000034-10227-0 005210-2 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.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 determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 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 14.0235 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 — INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following 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 performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports AGREEMENT FORM © 2011 Bonestroo ( 000034 - 10227 -0 005210-3 and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." E. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. 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. I. 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: 2011 Infrastructure Improvements, City Project No. 877. 7. Addenda A. 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). 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. AGREEMENT FORM © 2011 Bonestroo 1000034-10227-0 005210-4 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. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severabilo 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. 10.05 Contractors Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the Bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the Bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non - competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between 2 or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM © 2011 Bonestroo ( 000034 - 10227 -0 005210-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on 2011 (which is the Effective Date of the Agreement). Owner: Contractor: City of New Hope, Minnesota S.R. Weidema, I B By: Y Attest: A� o J L / ~~ Attest: ' 0p.A—fa ') `ate Address for giving notices: t CITY OF NEW HOPE 4 XYLON A V E N ; Designated Representative: Name: Address for giving notices: 1�'l (Do 0 r 1 W f\ License No.: (Where Applicable) Designated Representative: Name: Title: Address: Facsimile: END OF SECTION AGREEMENT FORM © 2011 Bonestroo 1000034-10227-0 005210-6 Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): 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: Signature: Name and (Seal) 1 1 10 Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) (Seal) 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. (Seal) 00 6113.13-1 I . Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. if Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 33. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 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 Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.1 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or setoff on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. if the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction ofthe suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 123. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineer or other party) 00 6113.13-2 Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) (Seal) SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) (Seal) 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. 00 6113.16-1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non - payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker: Owner's Representative (engineer or other party): 00 6113.16-2 STANDARD GENERAL CONDITIONS OFTHE Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America -Wowlmmb� KrxW"o for cfewting and su&lai m NV ft swll Env"OnnIPM Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C -520 or C -525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C -001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C -800) (2002 Edition). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ................................................................................ ..............................6 1.01 Defined Terms ............................................................................................................................ ..............................6 1.02 Terminology ............................................................................................................................... ..............................8 ARTICLE 2 - PRELIMINARY MATTERS ................................................................................................. ..............................9 2.01 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 ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ................................................................... .............................11 4.01 Availability of Lands ............................................................................................................... ............................... 11 4.02 Subsurface and Physical Conditions ......................................................................................... .............................12 4.03 Differing Subsurface or Physical Conditions ........................................................................... .............................12 4.04 Underground Facilities ............................................................................................................. .............................13 4.05 Reference Points ....................................................................................................................... .............................13 4.06 Hazardous Environmental Condition at Site ............................................................................ .............................13 ARTICLE 5 - BONDS AND INSURANCE ................................................................................................ .............................14 5.01 Performance, Payment, and Other Bonds ................................................................................. .............................14 5.02 Licensed Sureties and Insurers ................................................................................................. .............................15 5.03 Certificates oflnsurance ........................................................................................................... .............................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 Permits ...................................................................................................................................... .............................21 6.09 Laws and Regulations ............................................................................................................... .............................21 6.10 Taxes ......................................................................................................................................... .............................22 6.11 Use of Site and Other Areas ...................................................................................................... .............................22 6.12 Record Documents .................................................................................................................... .............................22 6.13 Safety and Protection ................................................................................................................ .............................22 6.14 Safety Representative ................................................................................................................ .............................23 6.15 Hazard Communication Programs ........................................................................................... .............................23 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 6.16 Emergencies .............................................................................................................................. .............................23 6.17 Shop Drawings and Samples .................................................................................................... .............................23 6.18 Continuing the Work ................................................................................................................. .............................24 6.19 Contractor's General Warranty and Guarantee ....................................................................... .............................24 6.20 Indemnification ....................................................................................................................... ............................... 24 6.21 Delegation of Professional Design 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 Replacement of Engineer .......................................................................................................... .............................26 8.03 Furnish Data ............................................................................................................................. .............................26 8.04 Pay When Due .......................................................................................................................... .............................26 8.05 Lands and Easements; Reports and Tests ................................................................................. .............................26 8.06 Insurance .................................................................................................................................. .............................26 8.07 Change Orders .......................................................................................................................... .............................26 8.08 Inspections, Tests, and Approvals ............................................................................................. .............................26 8.09 Limitations on Owner's Responsibilities .................................................................................. .............................27 8.10 Undisclosed Hazardous Environmental Condition ................................................................... .............................27 8.11 Evidence of Financial Arrangements ........................................................................................ .............................27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........................................................ .............................27 9.01 Owner's Representative ............................................................................................................ .............................27 9.02 Visits to Site .............................................................................................................................. .............................27 9.03 Project Representative .............................................................................................................. .............................27 9.04 Authorized Variations in Work ................................................................................................. .............................27 9.05 Rejecting Defective Work .......................................................................................................... .............................27 9.06 Shop Drawings, Change Orders and Payments ........................................................................ .............................28 9.07 Determinations for Unit Price Work ......................................................................................... .............................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................... .............................28 9.09 Limitations on Engineer's Authority and Responsibilities ........................................................ .............................28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS .............................................................................. .............................28 10.01 Authorized Changes in the Work .............................................................................................. .............................28 10.02 Unauthorized Changes in the Work .......................................................................................... .............................29 10.03 Execution of Change Orders ..................................................................................................... .............................29 10.04 Notification to Surety ................................................................................................................ .............................29 10.05 Claims ....................................................................................................................................... .............................29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ..................................... .............................30 11.01 Cost of the Work ....................................................................................................................... .............................30 11.02 Allowances ................................................................................................................................ .............................31 11.03 Unit Price Work ........................................................................................................................ .............................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ........................ .............................32 12.01 Change of Contract Price ....................................................................................................... ............................... 32 12.02 Change of Contract Times ........................................................................................................ .............................33 12.03 Delays ..................................................................................................................................... ............................... 33 ARTICLE 13 - TESTS AND 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 Work ......................................................................................... .............................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. ........ ........................................................................................................................... .... 37 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 14.05 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 Terminate for Cause .............................................................................................. .............................39 15.03 Owner May Terminate For Convenience .................................................................................. .............................40 15.04 Contractor May Stop Work or Terminate ................................................................................. .............................40 ARTICLE 16 - DISPUTE RESOLUTION ................................................................................................... .............................41 16.01 Methods and Procedures .......................................................................................................... .............................41 ARTICLE17 - MISCELLANEOUS ............................................................................................................ .............................41 17.01 Giving Notice ............................................................................................................................ .............................41 17 .02 Computation of Times ............................................................................................................... .............................41 17 .03 Cumulative Remedies ................................................................................................................ .............................41 17 .04 Survival of Obligations ............................................................................................................. .............................41 17 .05 Controlling Law ........................................................................................................................ .............................41 17.06 Headings ................................................................................................................................... .............................41 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda- -Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. 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 Documents - -The Bidding Requirements and the proposed Contract Documents (including all Addenda). 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 I LOLA 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. 00700-6 20. Field Order - - A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements -- Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition - - The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste - - The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations - -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens -- Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone - -A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award- -The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed- -A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner - - The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs -- Polychlorinated biphenyls. 31. Petroleum -- Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non - Hazardous Waste and crude oils. 32. Progress 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 - - All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site - - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. 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. 00700-7 administrative requirements and procedural matters applicable thereto. 44. Subcontractor - -An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion - -The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful 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- -All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid 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. 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 but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered ", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or 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). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 E. Furnish, Install, Perform, 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. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed 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. 00700-9 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 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 Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction_ (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provision of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or app licable 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. 00700-10 (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the parry 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 term 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 OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction to or storage of materials and equipment. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data 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 any one 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. 00700-12 c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. 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 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 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: EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions 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. I. 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 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, 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 5.01.13 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 A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection 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; EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 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; Owner; 5. allow for partial utilization of the Work by 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5,07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 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 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright C) 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. 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 lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or- Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or- equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or- Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or- equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all 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 6.05.13. 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. 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 6.05.13 Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or- equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), 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 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, 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 D raw- EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. 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 L Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or 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 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 limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 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 o£ 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. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal 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 parry to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come to)Zether and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 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 13.03.13. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition 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. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. 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 C. Engineer's written decision on the issue referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor, subject to the provisions of Paragraph 10.05. notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.13. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on 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 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.13. 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 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.13 will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; 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 11.01.13, 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. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and 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 of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.1)), provided such losses and damages have EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.O1.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. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 LA and 11.01.B. C. Contractor's Fee: When all the Work is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs I LOLA and 11.01.13, 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 times the estimated quantity of each item as indicated in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, 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 11.0I.A.I and 11.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.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 11A1.A.I and 11.0LA.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 11.0I.A.4, 11.0I.A.5, and 11.0I.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 any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright C) 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 13 - TESTS 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 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 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. 00700-33 be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is 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 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 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 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. 00700-37 Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.7; 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 the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and, will be paid by 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 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance 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 Terminate for Cause A. The occurrence of any one 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 expedient. complete the Work as Owner may deem C. If Owner proceeds as provided in Paragraph 15.02.13, 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 15.02.13 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 LA, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13, 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 famishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 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 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) 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 invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 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 D 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41 • 1 , ,1 1 ARTICLE 1 - DEFINITIONS AND 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 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions, and the Bonestroo Plan Room Terms of Use and Limitations on Use. ARTICLE 4 — AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS SC -4.02 Add the following new paragraphs immediately after Paragraph 4.02.B: C. Copies of reports and drawings itemized in SC- 4.02.0 that are not included with Bidding Documents may be examined at the office of Engineer during regular business hours. These reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which the Contractor may rely as identified and established above are incorporated therein by reference. Contractor is not entitled to rely upon other information and data utilized by Engineer in the preparation of Drawings and Specifications. SC- 4.04.A Add the following new item immediately after Item 2.d: 3. The subsurface utility information on the Drawings is utility quality level D. This quality level was determined according to the guidelines of CI /ASCE 38 -.2, entitled "Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data." ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.0 D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C -610 and C -615 (2002 Edition) or a similar bond form if approved by Owner. SC- 5.03.B Delete Paragraph 5.03.B in its entirety and insert the following: B. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-10227-0 00 73 05 - 1 SC- 5.03.B Delete Paragraph 5.033 in its entirety and insert the following: B. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. C. By requiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions: a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor: a. General Aggregate $1,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 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. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non - owned, and hired vehicles. $1,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person .. 111 111 © 2011 Bonestroo1000034- 10227 -0 SUPPLEMENTARY CONDITIONS 007305 -2 Each Accident b. Property Damage: $1,000,000 Each Accident $1,000,000 Annual Aggregate $1,000,000 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: a. Owner b. 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 with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC- 5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraph immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1 -1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. SC- 6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SC- 6.19.A Delete the words "representation of" in the second sentence. SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-10227-0 007305-3 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC- 10.05.6 Amend the first sentence of Paragraph 10.05.13 by replacing the words "30 days" with the words "10 days ". Amend the third sentence of Paragraph 10.05.8 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 words "two years ". ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC- 14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to ParagraphSC- 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: 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 16.01.13, 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. 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 SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-10227-0 007305-4 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 SECTION SUPPLEMENTARY CONDITIONS © 2011 Bonestroo 1000034-10227-0 007305-5 PART 1 GENERAL 1.01 SUMMARY A. This Section identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in order and may be used to determine the low Bidder. 1.02 DESCRIPTION OF ALTERNATES A. Alternate No. 1 — Nevada Avenue North Reconstruction: Furnish the materials and labor necessary to remove existing roadway, replace water main utilities, and construct new street section. •• K Not Used. PART 3 EXECUTION Not Used. ALTERNATES © 2011 Bonestroo 1000034-10227-0 010300-1 PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: 2011 Infrastructure Improvements for the City of New Hope, Minnesota, City Project No. 877. B. Description of Work: Project consists of mill and overlay, full depth reclamation, full street reconstruction, water main replacement, sanitary sewer spot replacement, storm sewer spot replacement, concrete curb and gutter replacement, and concrete and bituminous driveway replacement. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 2. Keep existing driveways and entrances clear and available to the public and to the Owner. 3. If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Access to project area will be Medicine Lake Road (Co. Rd. 70) and Winnetka Avenue North (Co. Rd. 156). 2. Use of Boone Avenue is to be minimized. 3. Construction traffic on other City owned residential streets will not be allowed. SUMMARY © 2011 Bonestroo ( 000034 - 10227 -0 01 1000-1 1.07 OTHER WORK AT SITE A. The installation and revision of electric power, telephone lines, gas lines, fiber optic, and cable TV by private utilities is anticipated. B. Allow private utility crews free access to the Site and a reasonable amount of time to complete their work. C. The City of New Hope is planning on constructing at least one, but possibly several, rain gardens throughout the Project area. This work will be completed via another contract. Coordination may be required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2011 Bonestroo 1000034-10227-0 01 1000-2 • u rr FlIffff ► ; 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. C. Alternate No. 1— Nevada Avenue North Reconstruction — Add to Total Base Bid. 1. In general the Work of this Alternate No. 1 involves full depth pavement reclamation, full street reconstruction, and water main utility replacement on Nevada Avenue North. 1.04 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.05 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. PRICE AND PAYMENT PROCEDURES © 2011 Bonestroo 1000034-10227-0 012000-1 2. Updated construction schedule consistent with Section 0133 00. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. IMIX04ARIAN 6010 PRICE AND PAYMENT PROCEDURES © 2011 Bonestroo 1000034-10227-0 012000-2 PART i GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 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, Robert Torres; 763 - 493 -1671, fax: 763-493 -1501. 5. Gas: Center Point Energy, Alla Denisova; 612 - 321 -5077, fax: 612 - 321 -5480. 6. Telephone: Qwest, Christy Allgood; 612 - 381 -5563, fax: 612 - 381 -5571. 7. Cable TV: Comcast, Doug Zahn; 651 -493 -5316, fax: 651- 493 -5116. C. Owner requires a 48 -hour notice for all utility interruptions. 1.04 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. MPCA Stormwater Discharges Associated With Construction Activities NPDES General Permit. 2. Hennepin County Right of Way /Utility Permit B. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48 -hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. PROJECT MANAGEMENT AND COORDINATION © 2011 Bonestroo 1000034-10227-0 013100-1 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 0133 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. 1.07 CONSTRUCTION SCHEDULING A. The owner is very sensitive to the inconvenience each property owner will experience to construct this Project. The most frequent complaint received during this type of Project is the length of time for which streets, driveways, and boulevards are disturbed. Therefore, scheduling of Work, maintenance of local traffic, and timely repair of each driveway and yard are critical to the success of the Project. B. Resident notification of Work directly affecting their property is required for all situations. The Project Inspector may assist with notifying residents. However, it is the responsibility of the Contractor to ensure that residents are aware of issues such as access restrictions or disrupted water supply. C. Given the underlying soil type, conditions resulting from precipitation can be devastating to residents. Construction should be coordinated such that disturbed areas are minimized at any given time. Work completed in the street reconstruction area may be facilitated if phasing is scheduled for the included streets. D. The aggregate material generated by the reclamation process can be used to ramp driveways and better maintain access for the residents within the Project area. E. Any additional costs associated with cold weather curing for concrete material will be the responsibility of the Contractor. F. Several streets in the Project area, Terra Linda Drive specifically, are prone to localized flooding. These areas collect a substantial amount of water during rain events. It is the Contractor's responsibility to take all necessary precautions to minimize and alleviate flooding and maintain access to the local neighborhoods as soon as possible. Coordination of the construction schedule may be required to shorten the duration subgrade soils are exposed. PROJECT MANAGEMENT AND COORDINATION © 2011 Bonestroo 1000034-10227-0 013100-2 G. Maintain access to all of the businesses and properties located on Nevada Avenue North - Alternate No. 1 at all times during construction. H. The Contractor may be required to have night time water main shut downs when making connections. There will be no additional compensation made for any night Work. Any additional costs related to night Work shall be considered incidental to the Project. •r Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2011 Bonestroo 1000034-10227-0 013100-3 • 1 t C • t PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. ar Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by Work activity. Identify separate stages of each Work activity: 1. List Work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean -up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24 -hour on -call contacts for the Project. This list shall include the Contractor's safety SUBMITTAL PROCEDURES © 2011 Bonestroo 1000034-10227-0 013300-1 representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 inches by 11 inches. Non - legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" — Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. 4. "Rejected" — Work covered by the submittal is not complete or it appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the resubmittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15- percent mark -up. 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. SUBMITTAL PROCEDURES © 2011 Bonestroo 1000034-10227-0 013300-2 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copi of Mater Safety Data Sheets for all chemicals and products On SUBMITTAL PROCEDURES (�2011 Bonestmo 1000034-10227-0 013300-3 s • PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. QUALITY REQUIREMENTS © 2011 Bonestroo 1000034-10227-0 014000-1 B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. QUALITY REQUIREMENTS © 2011 Bonestroo 1000034-10227-0 014000-2 4 k I t 1 I 0 r Il :i li � e��►_I_�:�7�L>! 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 3123 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. 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 a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the followin : 2. A Bid Item has been provided for Pumping — Sanitary Sewer Bypass. Measurement is Lump Sum. Payment shall be included in the Base Bid. 3. No Bid Item has been provided for Dewatering. Any dewatering required will be considered incidental to the Project with all costs included in the Base Bid. 4. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer. c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1000034-10227-0 015000-1 Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned - 25 70 Percent of original Contract amount earned - 50 90 Percent of original Contract amount earned -100 100 2. A Bid Item has been provided for Pumping — Sanitary Sewer Bypass. Measurement is Lump Sum. Payment shall be included in the Base Bid. 3. No Bid Item has been provided for Dewatering. Any dewatering required will be considered incidental to the Project with all costs included in the Base Bid. 4. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer. c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1000034-10227-0 015000-1 5. A Bid Item has been provided for Temporary Mail Boxes: Measurement is Lump Sum. a. Payment for the Temporary Mail Boxes Bid Item will be made as follows: 1) 50 percent of the Bid Unit Price will be paid upon completion of the removal of the existing mailboxes and installation of the temporary mailboxes. 2) 50 percent will be paid upon completion of the reinstallation of the existing mailboxes and removal of the temporary mailboxes. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 0133 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 0133 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. f71: ii�� •�1�Z�� Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1000034-10227-0 015000-2 Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 Percent of original Contract amount earned — 25 70 Percent of original Contract amount earned — 50 90 Percent of original Contract amount earned — 100 100 5. A Bid Item has been provided for Temporary Mail Boxes: Measurement is Lump Sum. a. Payment for the Temporary Mail Boxes Bid Item will be made as follows: 1) 50 percent of the Bid Unit Price will be paid upon completion of the removal of the existing mailboxes and installation of the temporary mailboxes. 2) 50 percent will be paid upon completion of the reinstallation of the existing mailboxes and removal of the temporary mailboxes. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 0133 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 0133 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. f71: ii�� •�1�Z�� Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1000034-10227-0 015000-2 C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all signs, posts, etc. that may be within the Site as directed by Engineer. B. Remove existing mailboxes and posts, and temporarily install in locations determined and approved by Post Office. Replace mailboxes prior to Substantial Completion. Removal, temporary reinstallation, and replacement shall occur such that mail delivery is not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. An alternative to temporarily installing existing mailboxes in the street reconstruction area, the Contractor may install "new" temporary mailboxes in lieu of relocating existing mailboxes. If this option is selected, the existing mailboxes would be removed and left on the homeowner's property until the mailboxes may be reinstalled. C. Temporary mailbox location(s) and requirements are subject to approval of the Post Office responsible for delivery of the mail to the area. The Post Office may modify the list of homes requiring the installation of a temporary mailbox. Temporary mailboxes required are anticipated for approximately 185 homes. Unless a significant increase or decrease is realized, no adjustment in the payment for this Bid Item will be made. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. C. Temporary Water Services 1. Maintain temporary potable water service to the structures that will have disrupted water service during the water main construction or as identified on the Drawings. 3.04 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self- contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1000034-10227-0 015000-3 3.05 TEMPORARY CONSTRUCTION A. By Pass Pumping 1. All sanitary flows shall be pumped around areas with no spillage allowed. 2. Any spill needs to be reported as required by law. B. Pumping and Dewatering 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.06 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. B. Construction Staging Plan 1. Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept, reject, or suggest alterations to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum through -lane lane widths of 10 feet will be maintained at all times. c. 2 -way traffic (1 lane in each direction) will be maintained at all times. d. The Contractor may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without approval of the Engineer. e. Provide access for emergency vehicles and busses to all residences at all times. f. The Contractor will re- establish access to all driveways at the end of each day. g. For all traffic lane switches, interim pavement markings shall be installed in accordance with Chapter 8 of the Traffic Engineering Manual. There will be no direct compensation for interim pavement markings. h. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets. i. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1000034-10227-0 015000-4 j. Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light 1. All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360 - Degree Rotating Lights - SAE Specification 3845. b. Flashing Lights - SAE Specification 3595. c. Flashing Strobe Lights - SAE Specification 31318. D. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short- term" lane closure or traffic restriction shall be one that is in -place only during the Contractor's work hours. b. Temporary "short- term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for "short- term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. E. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall complete the checklist attached to the end of this Section, each day of each week that traffic control devices for any overnight lane closure or detour are being used on the Project. The completed checklist shall be submitted each working day to the Engineer or the Engineer's designated representative at some mutually agreeable time. 3. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual Flagpersons are required to protect construction vehicles during unloading of construction materials. 4. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. 5. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. 6. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic, natural causes, or when requested by Engineer. 7. The Contractor shall store at least 10 extra Type 1 barricades with flashers, 5 extra Type III barricades, and 10 extra drums, at a convenient location within the Project limits for use in an TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1000034-10227-0 015000-5 emergency, as approved by the Engineer. No direct compensation will be made to the Contractor for furnishing and erecting these traffic control devices. Failure to Complete The Work On Time 1. The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non - compliance charges, for each incident, will be assessed at a rate of $250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 2. The Contractor will be subject to an hourly charge for failure to remove temporary lane restrictions within the permitted hours, unless authorized by the Engineer. Non - compliance charges, for each incident, will be assessed at a rate of $500 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 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. END OF SECTION TEMPORARY FACILITIES AND CONTROLS © 2011 Bonestroo 1000034-10227-0 015000-6 ITEM HOW MANY? 1. Are any devices missing? 0 Yes 0 No Do any devices need repair? 0 Yes 0 No Were all replaced or repaired? 0 Yes 0 No 2. Are any lights (flashers, etc) 0 Yes 0 NO not functioning? Were they all replaced or repaired 0 Yes 0 No 3. Are any devices improperly placed? 0 Yes 0 No Were all positions corrected? 0 Yes 0 No 4. Do any devices need cleaning? 0 Yes 0 No Where all devices cleaned? 0 Yes 0 No ADDITIONAL COMMENTS: The above check was completed by (name / title) RE (date) at: (time) AM OPM SECTION 01 57 13 PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80- percent partial payment will be made upon installation and 20- percent payment will be made upon removal and restoration a. Silt Fence, Type Machine Sliced Maintained: Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. b. Inlet Protection, Maintained: Measurement will be by each. Payment will be made only once per structure. Temporary removal and reinstallation(s) of device to maintain or allow stages of work will be considered incidental. c. Mulch: Considered incidental with payment under Bid Item Seeding. 3. A Bid Item has been provided for Water for Dust Control. Measurement will be per 1,000 gallons (MG) applied to the street. Payment will constitute compensation in full for all Work and cost to furnish and install the Water. This Bid Unit Bid Item is intended to pay for water used for dust control only and only at those times that it is requested by either the Engineer or Owner. a. Water used for the construction of the streets will be considered incidental to the Project. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. B. Related Sections 1. Section 3123 00 — Excavation and Fill. 2. Section 32 92 00 — Turf and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2130 — Application of Water. 2. 2573 — Storm Water Management. 3. 2575 — Controlling Erosion and Establishing Vegetation. TEMPORARY EROSION AND SEDIMENT CONTROL © 2011 Bonestroo ( 000034 - 10227 -0 0157 13-1 B. MPCA's NPDES General Stormwater Permit for Construction Activity. 1.04 SUBMITTALS A. Completed application form for the MPCA's NPDES General Stormwater Permit for Construction Activity (MN R100001) conforming to Section 01 33 00 1. NPDES permit inspection log resulting from weekly Site inspections. 2. Amendments to the Stormwater Pollution Prevention Plan (SWPPP) for the Project. 3. Completed form for MPCA's Notice of Termination. B. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2D and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.2E a. Submitted when requested by the Engineer. b. Site plans prepared by Contractor will indicate Contractor operations, erosion and sediment control measures, and a schedule of starting and completion times. C. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector /Installer Certification program, or approved equal. 1.06 PERMITS A. Project disturbs 1 or more acres of total land area. Co- submittal with the Owner of a completed NPDES application form for the MPCA's General Stormwater Permit for Construction Activity and the appropriate fees to the MPCA is required. Submit a copy of the completed, signed, and dated application form to Owner. B. Permit coverage will become effective 7 days after the postmarked date of the completed application form. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. B. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. TEMPORARY EROSION AND SEDIMENT CONTROL © 2011 Bonestroo 1000034-10227-0 0157 13-2 C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Infiltration areas and constructed infiltration systems should not be constructed until the contributing drainage area and /or adjacent construction has been completely stabilized. When this timing of construction is not possible, the Contractor shall insure sediment from exposed soil areas of the Project does not enter into the infiltration area or system. E. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. F. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. G. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor. 1. When the Contractor fails to conduct the quality control program, does not conduct the inspection required in the NPDES permit, or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with suff=icient personnel, equipment, materials, and conduct the required Work or be subject to a $2,000 per calendar day deduction for noncompliance. H. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Machine sliced. 2.02 TEMPORARY CONSTRUCTION ENTRANCE A. Rock Construction Entrance: 2 inches minimum washed rock: 2. Underlying Geotextile: Conform to MnDOT Spec. 3733, Type 4. 3. Minimum Thickness of Rock Placed: 6 inches. 2.03 MULCH: Conform to MnDOT Spec. 3882. A. Type 1, clean grain straw only. B. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of the Engineer. 2.04 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to MnDOT Spec. 3884. B. Type 5 — 100 - percent wood fiber mulch. TEMPORARY EROSION AND SEDIMENT CONTROL © 2011 Bonestroo 1000034-10227-0 0157 13-3 2.05 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. 2.06 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. c. Filter bag insert conforming to MnDOT Spec. 3890.3 subject to Site and approved by the Engineer. 3. Rock Log: a. Conform to MnDOT Spec. 3897. b. Rock 3/4 to 1 -1/2 inches crushed or natural rounded aggregate. B. Inlet protection for non -paved surfaces without curb or areas where vegetation will be established. The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Silt fence ring, or approved equal: a. Place wire mesh cage in a circular or square confirmation to form a minimum 5 foot diameter zone of protection. b. Geotextile shall be monofilament / monofilament meeting the requirements of MnDOT Spec. Heavy Duty. c. Loose aggregate or a rock log(s) around perimeter of ring to anchor geotextile. 3. Sediment control inlet hat conforming to MnDOT Spec. 3891.3C: a. InfraSafe Sediment Control Barrier by Royal Enterprises (http://www.roya[enterprises.net/). 4. Pop -up head conforming to MnDOT Spec. 3891.3E. 2.07 FILTER LOGS: Conform to MnDOT Spec. 3897. A. Straw or wood fiber biorolls, 6 to 7 inches in diameter. B. Compost or rock logs, 6 to 8 inches in diameter. 2.08 DUST CONTROL A. Water clear and free from suspended fine sediment. B. The Owner may elect to have the Contractor apply a chloride solution for dust control 1. Calcium Chloride: Conform to MnDOT Spec. 3911. 2. Magnesium Chloride Solution: Conform to MnDOT Spec. 3912. A. Conform to Section 32 92 00. TEMPORARY EROSION AND SEDIMENT CONTROL © 2011 Bonestroo ( 000034 - 10227 -0 015713-4 PART 3 EXECUTION A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion /sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. Implement the Project's NPDES Stormwater Pollution Prevention Plan (SWPPP) and take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. D. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed. 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation. 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Silt Fence: Conform to MnDOT Spec. 2573.3C 1. Install in the locations shown on the Drawings using the machine sliced installation method, unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate, placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost, bedrock. 3. Use short sections of silt fence placed in J -hook patterns to: a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1/4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. D. Temporary Construction Entrance 1. Construct construction entrance before grading begins on the Site as necessary. 2. Inspect construction entrance daily for mud accumulation to minimize vehicle tracking of sediment onto public roadways. Remove fugitive rock or wood mulch from adjacent roadways daily. E. Mulch 1. For seeded Sites, apply at a rate of 2 tons per acre (4,500 kg /ha). TEMPORARY EROSION AND SEDIMENT CONTROL © 2011 Bonestroo 1 000034 - 10227 -0 015713-5 2. For unseeded Sites, apply at a rate of 2 to 3 tons per acre (4,500 to 6,700 kg /ha), covering the entire soil surface. 3. Distribute mulch evenly by hand or machine and cover the exposed area to a uniform depth. 4. Disk anchor in conformance to MnDOT Sect. 2575.3G. 5. Anchor mulch immediately to minimize loss by wind or water. F. Hydraulic Soil Stabilizer ( Hydromulch) 1. Apply hydromulch in conformance with MnDOT Spec. 2575.3H. 2. Raking or harrowing of soil /seed and slope (cat) tracking shall be done before installation of hydromulch. 3. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 4. Application Rate for Slopes Steeper Than 1:4: 2,800 Ibs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 Ibs per acre. G. Erosion Control Blanket 1. Install immediately following seeding in accordance with MnDOT Spec. 2575.33, and as modified below. 2. Install as directed by Engineer. 3. Raking or harrowing of soil /seed shall be done before installation of erosion control blanket. 4. Install blanket parallel to the direction of flow. 5. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re- seeded, and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a one -time proper installation is acceptable. H. Storm Drain Inlet Protection 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. I. Rapid Stabilization 1. Work to be performed under non - schedulable situations requiring rapid stabilization of small critical areas within 200 feet of surface waters to comply with permit requirements. 2. Methods per MnDOT Spec. 2575.3N with Seed Mix 100 or 110 replacing Seed Mix 190. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, NPDES permit, and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non- functioning devices. TEMPORARY EROSION AND SEDIMENT CONTROL © 2011 Bonestroo 1000034-10227-0 0157 13-6 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding /mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re- established several times throughout the duration of the Work. B. Sediment Removal: Conform to MnDOT Spec. 2573.3N 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and off Site damage, to prevent health hazards, and to improve traffic safety. • TEMPORARY EROSION AND SEDIMENT CONTROL © 2011 Bonestroo 1000034-10227-0 0157 13-7 PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. B. Measurement and Payment 1. A Bid Item has been provided for Street Sweeper With Pickup Broom. Measurement will be by the units of hours. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion, 4. Written Notification of Final Completion. 5. Warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC-134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Install each element of work during weather conditions and Project status to ensure coordination of the Work. EXECUTION REQUIREMENTS © 2011 Bonestroo 1000034-10227-0 017000-1 C. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Forms Section, Mail Station 1173, St. Paul, MN 55146 -1173 or by calling (651) 296 -4444. END OF SECTION EXECUTION REQUIREMENTS © 2011 Bonestroo 1000034-10227-0 017000-2 SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. B. Related Sections 1. Section 3123 00 — Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. 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. 2. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: a. Sawing Bituminous Pavement: Per lineal foot along the saw cut line as staked. b. Remove Bituminous Driveway Pavement: Per square yard without regard to thickness. Measurement includes sawing bituminous driveway pavement at removal limits. c. Remove Concrete Driveway Pavement: Per square yard without regard to thickness. Measurement includes sawing concrete driveway pavement at removal limits. d. Remove Driveway Paver: Per square foot without regard to thickness. e. Remove Concrete Walk: Per square foot without regard to thickness. Measurement includes sawing concrete walk at removal limits. f. Remove Concrete Curb and Gutter: Per lineal foot. Measurement includes sawing at removal limits. g. Remove Concrete Curb and Gutter (Special): Per lineal foot. Measurement includes sawing at removal limits required for the removal of existing and installation of new concrete curb and gutter. h. Remove Concrete Valley Gutter: Per lineal foot. Measurement includes sawing at removal limits. i. Salvage Hydrant: Per each. City will pick up hydrants from site. j. Remove Manhole or Catch Basin: Per each. k. Remove Casting: Per each. Payment includes work associated with the removal of casting and all adjustment rings. I. Remove Water Main: Per lineal foot of the type specified, measured from center of junction fittings. m. Remove Sanitary Sewer Pipe: Per lineal foot of the type specified, measure from center of manholes. n. Bulkhead: Per each without regard to diameter of pipe. o. Salvage and reinstall signs and mailboxes will be incidental. p. Water service pipe and curb stop and box removal are considered incidental to the installation of new copper service, and curb stops and boxes. SELECTIVE SITE DEMOLITION © 2011 Bonestroo 1000034-10227-0 0241 13-1 q. Gate Valve Removal: No direct compensation will be made for removal of gate valves and /or boxes. Cost for this work is to be included in the Bid Unit Price for pipe removal. r. Mill Bituminous Pavement: Per square yard to thickness as identified in the Drawings. s. Relocate Light Standard: Per each light standard (yard light) and service feed salvaged and reinstalled to avoid damage caused by utility work. 3. All other Work and costs of this Section shall be incidental to the Project and included in the 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. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3C, with the following modifications: 1. 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. 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. SELECTIVE SITE DEMOLITION © 2011 Bonestroo 1000034-10227-0 0241 13-2 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 3123 00. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. B. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line to a depth of 1/3 of the thickness of the concrete prior to breaking off the pavement. B. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.05 REMOVE CONCRETE PAVEMENT AND DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.3B, except as modified below: SELECTIVE SITE DEMOLITION © 2011 Bonestroo 1000034-10227-0 0241 13-3 1. Saw cut concrete pavement and concrete base prior to mechanical pavement removal equipment. Remove concrete in such a manner that the remaining pavement is not damaged. 2. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.06 REMOVE BITUMINOUS PAVEMENT, PATH, DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.3B, except as modified below: 1. Saw cut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. 2. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.07 REMOVE CURB AND GUTTER A. Saw cut at removal limits (Incidental). B. Concrete Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). C. Two Bid Items are provided for curb and gutter removal: 1. Remove Curb and Gutter: Quantities will be measured under this Bid Item the length of any individual span of removal is equal to or greater than 100 feet in length. This includes areas such as: All streets scheduled for reconstruction and any length of curb greater than 100 feet removed for installation of utilities. 2. Remove Curb and Gutter, Special: To include all "spot replacement" curb and gutter scheduled on reclaim and mill and overlay streets that do not fall in the constraints given above (1.). 3.08 PAVEMENT MILLING A. Bituminous 1. Saw cut at removal limits prior to milling process. 2. Mill bituminous surface to the depth specified as shown on the Drawings or as directed by the Engineer. 3. Pavement will be milled across the entire width of the street between the edges of the curb and gutter. 3.09 REMOVE CONCRETE SURFACING A. Work includes sidewalks, pedestrian ramps, and driveways. B. Saw cut concrete surfacing prior to removal (Incidental). C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. When removing existing sidewalks, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 6 inches maximum beyond and 8 inches maximum below existing grade). E. When removing existing driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new Work and 6 inches beyond the edge of new driveways). SELECTIVE SITE DEMOLITION © 2011 Bonestroo 1000034-10227-0 0241 13-4 F. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.10 REMOVE BITUMINOUS SURFACING A. Work includes pathways and driveways. B. Saw cut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved by the Engineer (Incidental). C. Remove bituminous in such a manner that the remaining surfacing is not damaged. D. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. E. When removing existing pathways and driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). 3.11 REMOVE MANHOLES AND CATCHBASINS A. Remove entire structure including base slab. 3.12 REMOVE SECTIONS OF EXISTING PIPE A. Pipes to be abandoned shall be bulkheaded with concrete block masonry 8 inches thick and brick, non - shrink concrete grout at the location of abandonment as determined by the Engineer. B. Pipe to be abandoned shall be filled with suitable material as directed by the Engineer. C. Pipe to be abandoned shall be removed if the top of pipe is within 3 feet of final surface elevation. 3.13 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. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exercise reasonable care against damage to in -place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs at no charge to Owner. 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 approved or directed by Post Office. 3. Removal, temporary re- installation, and replacement shall occur such that mail delivery is not interrupted. 4. Reinstall in locations as shown on Drawings or as directed by Engineer. 5. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. SELECTIVE SITE DEMOLITION © 2011 Bonestroo 1000034-10227-0 0241 13-5 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. D. Light Standard (Relocate) 1. Conflicts with yard lights are anticipated during the installation of utilities. 2. Services to the yard lights are unknown. Electrical service to the lights should be anticipated and verified prior to relocation. 3. Salvage light fixture and electrical service, if applicable, prior to completion of the work in conflict. 4. Reinstall light fixture and bury electrical service line after completion of Work. 5. Fixture to be relocated back to the same position as prior to removal. 3.14 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the same shape, dimension, location, and quality of the original item prior to construction. B. Items damaged during removal or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. 3.15 DISPOSING OF MATERIAL A. Dispose of all materials outside of the 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. � � a SELECTIVE SITE DEMOLITION © 2011 Bonestroo 1 000034 - 10227 -0 0241 13-6 1.01 SUMMARY A. Section Includes 1. Removal and trimming of vegetation and trees, and stripping and stockpiling of sod and topsoil. B. Related Sections 1. Section 3123 00 — Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measure and Payment 1. A Bid Item has been provided for Clearing. Measurement will be by physical count of each tree cleared having a diameter of more than 4 inches at a point 24 inches above the ground surface. Payment will constitute compensation in full for all removal, disposal work, and costs. 2. A Bid Item has been provided for Grubbing. Measurement will be by physical count of each tree or stump grubbed. Payment will constitute compensation in full for all removal, disposal work, and costs. 3. Sod Removal: This Work is considered incidental to the other Work of the Contract. 4. Windfall /Deadfall Removal: This Work shall be incidental to the Project with no direct compensation. 5. Brush Removal: This Work shall be incidental to the Project. 6. Stripping and Stockpiling of Soil: This Work shall be considered incidental to other Work in the Contract. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2101 — Clearing and Grubbing. 1.04 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with a brush scythe or mowing machine, including small isolated trees having a diameter of 4 inches or less at a point 2 feet above the ground surface. B. Clearing: Cutting, removing, and disposing of trees, shrubs, bushes, windfalls, and other vegetation in the designated areas. C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. D. Tree Trimming /Pruning: Cutting broken, damaged, or obstructing branches. SITE CLEARING © 2011 Bonestroo ( 000034 - 10227 -0 311000-1 1.05 SITE CONDITIONS A. Work consists of removing trees generally in areas where conflict with the installation of new utilities exist. B. The Drawings do not specifically show all trees to be removed. Trees removals will be reviewed on a tree -by -tree basis. The quantity shown on the Bid Form is an estimate only. The actual quantity to be removed will not be determined prior to the start of construction. C. Protect specimen trees close to Work that are designated to remain but may be damaged by Work. 1.06 SEQUENCING AND SCHEDULING A. Install temporary erosion control measures prior to Work of this Section. B. Complete before or sufficiently ahead of on -going rough grading, excavation, backfill, and compacting for utilities. Not Used PART 3 EXECUTION K! U11 d: 4 ►19MM A. Review removals in the field with the Engineer prior to doing Work. Trees to be removed will be clearly marked by the Engineer. B. Assume multiple mobilizations for the Work of this Section. C. The Bid Unit Price will not be adjusted due to a change in the Bid Quantity. D. Stockpile soil to eliminate contamination with other on Site materials. 3.02 CLEARING AND GRUBBING A. Clearing Trees: Cut off, remove, and dispose of trees and brush in the areas designated as a clearing operation. When grubbing is not required, the point of cut off shall be 6 inches above the ground. B. Clearing Brush: Cut even with the ground surface. C. Grubbing: Remove brush, stumps, roots, and other remains to a minimum depth of 6 inches below subgrade for all proposed sections. D. Backfill all depressions resulting from the grubbing operations in accordance with Section 3123 00. 3.03 TRIMMING AND PRUNING A. As directed by the Engineer, trim trees that are to be saved but interfere with the proposed construction. SITE CLEARING © 2011 Bonestroo 1000034-10227-0 311000-2 3.04 STRIPPING A. After clearing and grubbing have been completed, strip sod and topsoil to a line 2 feet outside of areas to be occupied by structures, walks, roadways, areas to be excavated or filled, and other areas shown. B. Stockpile sufficient topsoil to re- spread at a uniform depth of 4 inches to all disturbed areas identified for seeding or sodding: 1. Do not strip within the drip line (branch spread) of trees identified to remain. 3.05 DISPOSAL A. Dispose of all cleared and grubbed material and debris outside the right -of -way at a location selected by the Contractor. B. Disposal site should be a properly designated landfill area as determined by appropriate governmental agencies or lands under direct control of the Contractor. C. Stripped materials not used for embankments shall be disposed off Site. D. On Site burial of any debris is not permitted. A. Conduct operations so as not to damage surrounding private property. B. Protect trees intended to be saved from injury or defacement during operations 1. Restrict widths of utility trenches. 2. Provide protective bracing, sheeting, or box to insure safe Work conditions as incidental to Contract. C. Exercise care to keep salvaged material as clean as possible during operations. D. Install temporary fencing at the construction limits and drip lines of trees to be protected prior to any construction activities in order to protect vegetation (Incidental). END OF SECTION SITE CLEARING O 2011 Bonestroo 1000034-10227-0 31 1000-3 • 1 1 PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways, foundations, channels, ponds, and other areas. B. Related Sections 1. Section 0157 13 - Temporary Erosion and Sediment Control. 2. Section 02 41 13 - Selective Site Demolition. 3. Section 31 10 00 - Site Clearing. 4. Section 31 23 13 - Subgrade Preparation. 5. Section 33 05 05 - Trenching and Backfilling. 6. Section 32 92 00 - Turf Establishment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various excavation materials, borrow materials, and salvage materials. Measurement and payment shall be at the Bid Unit Price consistent with MnDOT Spec. 2105.4 and 5, except as modified in the following. 2. A Bid Item has been provided for Common Excavation (EV). Measurement will be by volume of material in its original position. Payment will include removal, hauling, disposal, and all other costs associated with this Bid Item. a. The quantity on the Bid Form accounts for all excavations required for the construction of all parts of this Project as shown by the Drawings. The Bid Quantity will be adjusted accordingly for any deviations from the original plan or for reclaim materials that are salvaged and reused as aggregate base. 3. A Bid Item has been provided for Subgrade Excavation (EV). Measurement will be by volume of material in its original position. Payment will include placing and compacting suitable material on Site and disposal of excess material off Site. 4. A Bid Item has been provided for Select Granular Borrow (Modified). Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. Payment will include all costs related to furnishing and installing the material complete in place as specified. a. If the aggregate backfill material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of plan thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 5. Excess aggregate material generated on the reclaim streets that is hauled away directly, or used for access maintenance and then hauled away, will be paid under the Common Excavation Bid Item. a. Payment will not be made to move the material to another part of the Project, then again for removal and disposal; i.e. compensation for excess reclaim material used for maintenance will be paid one time only. 6. Excess aggregate material generated from reclaim streets used as Aggregate Base will be paid in accordance with Section 32 11 23. EXCAVATION AND FILL © 2011 Bonestroo 1000034-10227-0 312300-1 a. The quantity of material paid as Aggregate Base will be subtracted from the quantity of Common Excavation. Aggregate quantities will be calculated using a conversion factor of 1.80 TN /CY. 7. A Bid Item has been provided for 1 1 /2 Inch to 3 Inch Aggregate. Measurement will be by the ton of material placed as determined from weight tickets delivered to the Engineer. a. Payment for this Bid Item must be approved by Engineer prior to hauling of material to Site. It is intended to be used for extraordinary street maintenance purposes only that restrict local traffic access. If the aggregate material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess. 8. A Bid Item has been provided for Select Topsoil Borrow (Special) (LV). Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, blading, grading, shaping, and compacting of Select Topsoil Borrow Special shall be incidental to this Bid Item. 9. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 3877 - Topsoil Borrow. 1.04 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. Gradation tests for borrow materials. 2. Select Topsoil Borrow Special test indicating material content, organic content, and ph levels. 1.05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein: 1. Grading Grade: Bottom of the fully excavated design section as shown on the Drawings. 2. Common Excavation: Excavation above the grading grade that has not been classified as another form of excavation in this Section. 3. Subgrade Excavation: Excavation below the grading grade that has not been classified as another form of excavation in this Section. 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.07 SEQUENCING AND SCHEDULING A. Perform excavation as soon as possible after sewer and water construction. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after trench backfill and compaction. C. Complete finish grading of turf areas within 5 calendar days after backfill. EXCAVATION AND FILL © 2011 Bonestroo 1000034-10227-0 312300-2 a� 2.01 MATERIALS A. Select Granular Borrow (Modified): Conform to the following gradation requirements: Sieve Size Percent Passing #40 0 to 40 #200 0 to 5 B. Select Topsoil Borrow Special: Conform to MnDOT Spec 3877.2B, except as modified herein. 1. Material shall be screened and pulverized. PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein: 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 0157 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02 41 13. 5. Strip topsoil consistent with Section 31 10 00. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3B, or as modified herein: 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3C, or as modified herein: 1. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 2. Remove muck excavation material so as to minimize disruption to the bottom of the excavation. 3. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 4. No solid rock will be allowed within 12 inches of the subgrade. 5. Provide and maintain temporary drainage facilities until permanent facilities are completed. 6. After the roadway excavation is complete and prior to backfilling operations, notify the Engineer 24 hours in advance so all excavation areas can be cross - sectioned to determine quantities. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3D, or as modified herein: 1. No disposition of bituminous will be permitted within the Project limits. EXCAVATION AND FILL © 2011 Bonestroo 1000034-10227-0 312300-3 3.05 PLACING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3E. 3.06 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3F, or as modified herein: 1. Compaction required for embankment materials shall conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 2. Clayey or silty soil used as fill will need to be placed at a water content sufficient to attain compaction (near the `optimum water content" defined in ASTM D698). It is the Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition. Some on Site soils will be wet (or could be dry) and the Contractor shall not claim that this is a changed condition. 3. Backfilling of embankments shall be performed using on Site materials: If the Contractor is unable to meet the specified density requirements using that material due to excess moisture content, they shall immediately notify the Engineer of this condition. 4. The Contractor is required to farm or use alternative method to dry the material in order to attain a sufficient water content when compacting wet embankment material. No consideration for alternate options shall be made without an attempt made first to farm or dry out material. 5. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.07 FINISH OPERATIONS A. Conform to MnDOT Spec. 2105.3G, or as modified herein: 1. Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Finish grading of subgrade prior to placement of a granular borrow shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 3. Finish grading of granular borrow prior to placement of an aggregate base 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. 4. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. EXCAVATION AND FILL © 2011 Bonestroo 1000034-10227-0 312300-4 SECTION 31 23 13 PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Grading, shaping, and compacting subgrade prior to placing a base or surface course. B. Related Sections 1. Section 3123 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. 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 therefore. 2. Payment at the Bid Unit Price shall include all costs related to performing the Work in accordance with these Specifications, including shaping, grading, compacting, tolerancing, and test rolling. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2111 - Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the aggregate base course, concrete curb and gutter, and bituminous pavement. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross - section. SUBGRADE PREPARATION © 2011 Bonestroo 1000034-10227-0 3123 13-1 3.02 PREPARATION A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 2111, or as modified herein 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The road bed will be considered unstable if yielding and rutting is greater than 1 -1/2 inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3F1, or as modified herein: 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method upon request and written approval by the Engineer. 3.04 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3G, or as modified below: 1. Not vary by more than 0.05 feet above or below the prescribed elevation at any 1 point where a measurement is made. r s • SUBGRADE PREPARATION © 2011 Bonestroo 1000034-10227-0 3123 13-2 SECTION 31 32 19 PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Geotextile fabric used for street construction. B. Related Sections 1. Section 3123 00 — Excavation and Fill. 2. Section 3123 13 — Subgrade Preparation. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Geotextile Fabric, Type V Non - Woven. Measurement will be based upon units of square yards of actual surface area covered by geotextile fabric. Payment at the Bid Unit Price shall include all materials, installation, and protection of installed geotextile fabric as specified. The required overlap joint or joint sewing shall be incidental to this fabric item with no direct payment being made. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 3733 — Geotextiles. 1.04 SUBMITTALS A. Manufacturers Certificate of Compliance which includes the following information: 1. Full product name by trademark and style number. 2. Geotextile polymer type(s). 3. Geotextile physical properties. B. Samples of the Geotextile 1. The geotextile machine direction shall be marked on each sample submitted for testing. PART 2 PRODUCTS 2.01 GEOTEXTILE FABRIC A. Conform to the requirements of MnDOT Spec, 3733, Type V Non - woven, except as modified below: 1. Materials: The fabric installed on top of the road subgrade shall consist of a polypropylene or polyester filament or yarn, non - woven, needle punched. The fabric shall be inert to commonly encountered chemicals, resistant to ultraviolet radiation, and conform to meet the following minimum Specifications: GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2011 Bonestroo 1000034-10227-0 3132 19-1 Geotextile Spec. Test Method Value Grab Tens Strength ASTM D4632 ZOO either principal direction, |bS. Grab Tensile ASTM D4632 50 Elongation, Percent, Max. Ultra Violet Light Stability ASTM D4355 70-Percent Retained* Burst Strength ' ASTM D3786 400 p.s.i., [D|D. (Diaphragm Method) Trapezoid Shear ASTM D4553 80 lbs. min. (any d irection) Puncture Strength ASTM D4833 130 |bS, min. pernnittivdy/cpr ASTM D4491 1.5 Flow Rate ASTM D4491 95 Ga|./Min./ft.^ Minimum Fabric Weight 8 oz/sv AOS (U.S. Sieve) ASTM D4751 70 to 100 *Percent retained of specified fabric strength as determined by ASTM D4632 (Grab Tensile) when exposed for 15O hours aa per ASTM D4355. PART 3 PART 3 EXECUTION 3.01 PREPARATION A. Excavation: Conform to Section 31238O. B. Subgnade Preparation: Conform to the requirements of Section 3123 13. Subgnade shall be to|enanoad and approved before geotexti|Splacement. 3.02 INSTALLATION A. Place geOtext|e immediately ahead of the covering operation. 1. No geotexti|es shall be left exposed to sunlight during installation for a total Vf more than 7 calendar days. 2. The geotext|8 shall be laid smooth without excessive wrinkles. ]. The geotextile shall not be dragged through mud or over sharp objects which could damage thegaotext|e. B. All adjoining sections of the geotextile shall be overlapped a minimum of 18 inches or sewn using mechanical machine. C. Secure fabric in place bv means of stone weights to prevent displacement. GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION ��2011 Bnnestmo 1000034-10227-0 313219-2 D. If geotextile is torn or punctured, the damaged area shall be repaired or replaced. 1. The patch shall overlap the existing geotextile a minimum of 3 feet from the edge of any part of the damaged area. 3.03 FILL PLACEMENT A. Only granular spreading methods that will not tear the fabric shall be used. B. Granular borrow shall not be dropped on the fabric from a height greater than 3 feet 1. Place a minimum of 8 inches of granular borrow on the geotextile prior to the movement of construction equipment. Carefully monitor turning movements. 2. Tracked or wheeled equipment shall not be permitted to drive directly on the fabric. 3. Any ruts occurring during construction shall be filled with additional granular borrow and compacted to the specified density. C. Compaction of first lift above the geotextile shall be limited to routing of placement and spreading equipment only. No vibratory compaction will be allowed on the first lift. END OF SECTION GEOSYNTHEfIC SOIL STABILIZATION AND LAYER SEPARATION © 2011 Bonestroo 1000034-10227-0 3132 19-3 SECTION 32 11 23 PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. B. Related Sections 1. Section 31 23 13 - Subgrade Preparation. 2. Section 32 12 01 - Flexible Paving (Municipal Projects). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Aggregate Base, Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. a. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. b. Excess reclaim material used as Aggregate Base, Class 5 will be paid under this bid item. The measured volume of compacted material salvaged and used will be converted to tons using a factor of 1.80 TN /CY. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 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 SUBMITi'AL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a test rolling test performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline). AGGREGATE BASE COURSES © 2011 Bonestroo 1000034-10227-0 32 1123-1 PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. B. Aggregate Base, Salvaged Reclaim Material: Material generated from reclaiming the existing bituminous pavement with the existing aggregate base. Conform to MnDOT Spec. 3138, Class 5. PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 3123 13. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. C. Reclaim the existing pavement and aggregate base in accordance with Section 32 1125. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3. 1. Compaction shall be done by the Penetration Index Method. 2. Install aggregate base in accordance with details on Drawings. 3. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture /density relationships and gradation, and perform field moisture /density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 1 . . A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. PFNr , • AGGREGATE BASE COURSES © 2011 Bonestroo 1000034-10227-0 32 1123-2 SECTION 32 11 25 FlordTOT, "I 1.01 SUMMARY A. Section Includes 1. Reclamation of the existing bituminous surfacing and a portion of the existing base material. B. Related Sections 1. Section 3123 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 3. Section 32 1123 - Aggregate Base Courses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Reclaim Bituminous Pavement. Measurement will be by the square yard, based on the width of the existing street a. Payment for leveling and compaction of the material immediately after it is reclaimed is to be included in the Bid Unit Price per square yard. b. The Bid Unit Price is to include the motor grader and any water necessary to maintain the parking lot until paved. 2. Removal of excess material will be paid 1 of 2 ways: a. If the reclaim material is salvaged and used as Aggregate Base, Class 5, the measured amount of material salvaged and reused will be paid in accordance with Section 32 1123. b. If the reclaim material is hauled directly from the Site or used for access maintenance somewhere within the Project area, the amount hauled away will be paid in accordance with Section 3123 00. 3. Finish grading and tolerancing prior to paving is considered incidental to the reclamation. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction ", 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2111 - Test Rolling. 3. 2112 - Subgrade Preparation. 4. 3149 - Granular Material. 1.04 SEQUENCING AND SCHEDULING A. Reclamation will be performed if pavement removal is not required. B. Compaction of the reclaimed material by rubber -tired roller is required immediately following the reclamation process, and before excavation and removal of excess material. FULL DEPTH RECLAMATION © 2011 Bonestroo ( 000034- 10227 -0 321125-1 PART 2 PRODUCTS NOT USED. PART 3 EXECUTION 3.01 GENERAL A. Create an aggregate base course composed of the existing bituminous pavement, the depth of add rock required, and a portion of the existing subgrade material. B. The top 3 1 /2 inches, or as specified on the Drawings, of the reclaimed material will need to be excavated and removed to allow for new bituminous pavement. 3.02 PREPARATION A. The Contractor is to provide a 48 -hours notice prior to beginning the reclamation process. 3.03 EQUIPMENT A. Contractor to notify the Engineer of the equipment to be used at the preconstruction conference 1. Equipment to be hydrostatically driven. 2. Computerized operation controls. 3. Capable of cutting up to a 12 inch depth in 1 pass. 3.04 THICKNESS REQUIREMENTS A. Typical Reclaimed Section 1. Approximately consists of 5 to 7 inches of bituminous, 7 to 9 inches of aggregate base for a total of 12 to 16 inches. 2. Rotating cutter drum to operate parallel to the existing road surface, providing a uniform 12 -inch section across the entire roadway. 3. The reclaimed depth is anticipated to be 12 inches, however, if variations occur, the depth shall be adjusted accordingly. END OF SECTION FULL DEPTH RECLAMATION © 2011 Bonestroo 1000034-10227-0 32 1125-2 PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Hot plant mixed asphalt- aggregate mixtures for wearing and non - wearing pavement courses. 2. Bituminous tack coat. B. Related Sections 1. Section 33 05 17 - Adjust Miscellaneous Structures. 2. Section 32 1123 - Aggregate Base Courses. 3. Section 32 16 13 - Concrete Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Method of Measurement and Payment shall conform to MnDOT Section 2360.8, except as modified herein. 2. A Bid Item has been provided for Bituminous Material for Tack Coat. a. Measured by volume in gallons at 60 degrees F. b. Payment for bituminous material used for Tack Coat includes compensation in full for all costs incidental to the furnishing and application at the Bid Unit Price per gallon. c. Cleaning of all debris and dirt from the previous bituminous surfaces prior to placement of Tack Coat is included in the Bid Unit Price for Tack Coat. d. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with non wearing course placement is considered incidental to the placement of the non wearing course. 3. Bid Items have been provided for Type SP 12.5 Non Wearing Course Mixture (2,B), Type SP 9.5 Wearing Course Mixture (2,B) a. 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 2360 Plant Mixed Asphalt Pavement Gyratory Specification — dated February 1, 2010. b. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. c. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. d. The Contractor shall note that all bituminous non wearing course is to be constructed in 2011 and all bituminous wear course is to be constructed in 2012. All costs associated with the required bituminous construction phasing will be considered incidental to the Project. 4. Preparation of Bituminous Non Wearing: Measurement and Payment shall be considered incidental and shall include the following: a. Final clean up of the bituminous non wearing course with a power pickup broom. b. Final adjustment of the structures to conform to Section 33 05 17. 5. Patching required as a result of curb removal special and installation or casting removal and installation only will be considered incidental to the corresponding Bid Item. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2011 Bonestroo 1000034-10227-0 321201-1 6. All other areas patched will be measured and paid under the wear and non wear Bid Items. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. Attached MnDOT Specification 2360 Plant Mixed Asphalt Pavement 2360 Gyratory Design Specification dated February 1, 2010. a. Within this document replace the words "Department Bituminous Engineer" or `District Materials Engineer" with the word "Engineer ". 2. 2357 - Bituminous Tack Coat. 3. 2321 - Road -Mixed Bituminous Surface. 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.3E and 236O.4F, and Division 01. B. Contractors shall submit mix design report for all projects, regardless of the size of the project. C. Contractor shall submit Q/C results in accordance with MnDOT Spec. 236O.4F and MnDOT's most recent Materials Control Schedule. 1.05 SEQUENCING AND SCHEDULING A. Aggregate base and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48 -hour notice for scheduling and noticing of the residents prior to paving operations. C. Adjust structures prior to placement of bituminous wearing course as specified in Section 33 05 17. D. Bituminous cores for testing shall be taken 12 to 48 hours after paving operations. E. Bituminous wearing course shall be constructed in 2012 as indicated by the Final Completion Date. 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.1, except as modified in the typical section Detail Drawing and Bid FormResidential Streets - Low Volume — Non Wearing Course — SPNWB230B and Wearing Course — SPWEA24OB. 2. Pathways, Driveways, Parking Lots, and Patching — Wearing Course — SPWEA24OB. B. Conform to MnDOT Section 2360.2, except as modified herein. 1. Scrap Asphalt Shingles (236O.2A2h) are not allowed in wear and non -wear course pavements. 2. Sewage Sludge Ash (SSA) (236O.2A2j) will not be allowed in either bituminous wear or non - wear course pavements. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2011 Bonestroo ( 000034 - 10227 -0 321201-2 C. Bituminous Tack Coat 1. Bituminous Material: Conform to MnDOT Spec. 2357 a. Emulsified Asphalt, Cationic, CSS -1 or CSS -1H. 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 (QC) 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. a. A verification sample will be taken by the Engineer. The Contractor will be required to use the verification companion sample as part of the QC testing program. PART 3 EXECUTION A. Conform to the requirements of MnDOT Spec 2360.5, except as modified herein. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). C. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. D. Preparation of Bituminous Non Wear Course 1. Final clean up of the bituminous surface with the use of a power pickup broom and front end loader. 2. Adjust structures conforming to the requirements of Section 33 05 17. .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). For joint construction, an existing bituminous surface shall be considered to include any bituminous surface not paved on the same day as the new construction. The Owner may require milling or sawcuting on surfaces paved the same day, if, in the opinion of the Owner, the mix has cooled to a point where a new milled or sawed edge is necessary. 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.58, except as modified herein. B. All street surfaces checked and approved by the Engineer prior to paving. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2011 Bonestroo 1000034-10227-0 32 12 01 -3 C. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. D. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat is 50 degrees or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.5C. 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. B. Restrictions: 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: Conform to MnDOT Spec. 2321.3C1. D. Road Surface Preparation: Conform to MnDOT Spec. 23573C. E. Application 1. At a uniform rate conforming to MnDOT Spec. 2357.3D1, but not greater than 0.05 gallon per square yard. 2. Along the front edge of the concrete curb and gutter, prior to placement of bituminous base. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.6, except as modified herein. 1. Pathways, Driveways, Small Parking Lots, Leveling Courses, and Patching shall conform to Section 2360.6C — Ordinary Compaction Method. 2. All other Pavement Density shall conform to Section 2360.68 — Maximum Density Method. 3. Modifv Table 2360.6 -B2a Lot Determination as indicated below: Daily Production (Tons) Lots 200 to 1,000 1 1,001 to 2,000 2 2,001 to 3,600 3 3,601 to 5,000 4 5,001 + 6 Daily production 0 to 200 tons is at the discretion of the Engineer. 4. Modify Table 2360.6 -B4 "Payment Schedule for Maximum Mat Density" as indicated below. This modification is intended to eliminate incentive payments for pavement mat density: FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2011 Bonestroo 1000034-10227-0 321201-4 Table 2360.6 -134 Payment Schedule for Maximum Mat Density Percent Density (2) SP Wear, and SP Shld (4- Percent Void) Percent Density (2) SP Non -Wear, SP Shoulders (3- Pecent Void) Percent Payment 93.6 and above 94.6 and above 100 (3) 93.1 to 93.5 94.1 to 94.5 100 (3) 92.0 to 93.0 93.0 to 94.0 100 91.0 to 91.9 92.0 to 92.9 98 90.5 to 90.9 91.5 to 91.9 95 90.0 to 90.4 91.0 to 91.4 91 89.5 to 89.9 90.5 to 90.9 85 89.0 to 89.4 90.0 to 90.4 70 Less than 89.0 (4) Less than 90.0 (4) 5. Modify Table 236.60.6 -64a U and Table 2360.6 -134b U "Payment Schedule for Longitudinal Joint Testing" as indicated below. This modification is intended to eliminate incentive payments for longitudinal pavement testing: Table 2360.6 -64a U Payment Schedule for Longitudinal 3oint Density (SP Wear, and SP Shoulders (4- Percent Void)) Percent Density (2) Long. Joint Confined Ede Percent Payment Confined Ede Percent Density (2) Long. Joint (Unsupported Ede Percent Payment (Unsupported Edge 91.6 and above 100 (3) 89.6 and above 100 (3) 91.1 to 91.5 100 (3) 89.1 to 89.5 100 (3) 89.0 to 91.0 100 86.5 to 89.0 100 88.0 to 88.9 98 85.5 to 86.4 98 87.5 to 87.9 95 85.0 to 85.4 95 87.0 to 87.4 91 84.5 to 84.9 91 86.5 to 86.9 85 84.0 to84.4 85 Less than 86.5 70 Less than 84.0 70 Table 2360.6 -134b U Payment Schedule for Longitudinal 3oint Density (SP Non -Wear, and SP Shoulders (3- Percent Void)) Percent Density (2) Long. Joint Confined Ede Percent Payment Confined Ede Percent Density (2) Long. Joint (Unsupported Ede Percent Payment (Unsupported Edge 92.6 and above 100 (3) 90.6 and above 100 (3) 92.1 to 92.5 100 (3) 90.1 to 90.5 100 (3) 90.0 to 92.0 100 87.5 to 90.0 100 89.0 to 89.9 98 86.5 to 87.4 98 88.5 to 88.9 95 86.0 to 86.4 95 88.0 to 88.4 91 85.5 to 85.9 91 FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2011 Bonestroo 1000034-10227-0 32 1201-5 Percent Density (2) Percent Percent Density (2) Percent Long. Joint Payment Long. Joint Payment Confined Ede Confined Ede (Unsupported Ede (Unsupported Edge 87.5 to 87.9 85 85.0 to 85.4 85 Less than 87.5 70 Less than 85.0 70 B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.7, except as modified herein. 1. Delete Section 2360.7C Pavement Smoothness. B. Structure Adjustment — Conform to Section 33 05 17 for tolerances. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2011 Bonestroo 1 000034 - 10227 -0 32 1201-6 (2360) PLANT MIXED ASPHALT PAVEMENT Gyratory Design Specification February 1, 2010 This Specification requires the Contractor to provide a mix that complies with all of the design, production, and placement requirements of the specification. The Department does not make any guaranty or warranty, either express or implied, that compliance with one part of this specification guarantees that the Contractor will meet the other aspects of the specification. 2360.1 DESCRIPTION This work consists of the construction of one or more pavement courses of hot plant mixed asphalt- aggregate mixture on the approved prepared foundation, base course or existing surface in accordance with the specifications and in conformity with the lines, grades, thicknesses and typical cross sections shown on the plans or established by the Engineer. Mixture design will be 2360 (gyratory) as described in the Special Provisions through the mixture designation. A Mixture Designations Mixture designations for asphalt mixtures contain the following information: (1) The first two letters indicate the mixture design type: SP = Gyratory Mixture Design SM = Gyratory Mixture Design for Stone Matrix Asphalt (SMA) (2) The third and fourth letters indicate the course: WE = Wearing and Shoulder Wearing Course NW = Non - Wearing Course (3) The fifth letter indicates the maximum aggregate size *: A = 1/2 inch [12.5mm], SP 9.5 B = 3/4 inch [19.Omm], SP 12.5 C = 1 inch [25.Omm], SP 19.0 D = 3/8 inch [9.5mm], SP 4.75 E = See provision for SMA design (4) For Gyratory Design: The sixth digit indicates the Traffic Level (ESAL's x 10 The requirements for gyratory mixtures in this specification are based on the 20 -year design traffic level of the Project expressed in Equivalent Single Axle Loads (ESAL's). The five traffic levels are shown below in Table 2360.1 -A. Table 2360.1 -A Traffic Levels Traffic Level 20 Year Design ESAL's (1 x 10 ESAL's) 2' < 1 3 2 Ito <3 4 3to <10 5 10 to < 30 6 SMA 1 -- (AADT < 2300) 2 -- (2300< AADT <6000) Page 1 of 50 2360 Specification February 1, 2010 (5) The last two digits indicate the air void requirement: 40 = 4.0% for SP and SM Wear mixtures 30 = 3.0% for SP Non -Wear and Shoulder (6) The letter at the end of the mixture designation identifies the asphalt binder grade: Standard Grades B = PG 58 -28 C = PG 58 -34 E = PG 64 -28 F = PG 64 -34 L = PG 64 -22 Specialty Grades A = PG 52 -34 H = PG 70 -28 Ex: Gyratory Mixture Designation -- SPWEB540E (Design Type, Lift, Agg Size, Traffic Level, Voids, Binder) Ex: SMA Mixture Designation -- SMWEE640H (Design Type, Lift, Agg Size, Traffic Level, Voids, Binder) B Minimum Lift thickness Minimum design recommended paving lift thickness based on maximum aggregate size are: Aggregate Size D: Aggregate Size A: Aggregate Size B: Aggregate Size C (for non -wear only) Minimum Lift thickness = 1/2 inch [12 mm] Minimum Lift thickness = 1 inch [25 mm] Minimum Lift thickness = 1 '/Z inch [40 mm] Minimum Lift thickness = 2 ' / 2 inch [65 mm] 2360.2 MATERIALS A Aggregate Al General The aggregate shall consist of sound, durable particles of gravel and sand, crushed stone and sand, or combinations thereof. It shall be free of objectionable matter such as metal, glass, wood, plastic, brick, rubber, and any other material having similar characteristics. Coarse aggregate shall be free from coatings of clay and silt to the satisfaction of the Engineer. The Contractor shall not compensate for the lack of fines by adding soil materials such as clay, loam, or silt. Overburden shall not be blended into the asphalt aggregate. Each different material (source, class, kind, or size) shall be fed at a uniform rate from its storage unit. An individual source, class, type, or size of material shall not be stockpile blended with another source, class, type or size of material. A2 Classification The aggregate shall conform to one of the following classifications. The class of aggregate to be used shall be the Contractor's option unless otherwise specified in the Contract. A2a Class A Class A aggregate shall consist of crushed igneous bedrock (specifically; basalt, gabbro, granite, gneiss, rhyolite, diorite and andosite) and rock from the Sioux Quartzite Formation. Other igneous or metamorphic rock may be used with specific approval of the Engineer. Class A materials may contain no more than 4.0% non -Class A aggregate. This recognizes the fact that some quarries may contain small pockets of non -Class A material within that source. Intentional blending or addition of non -Class A material is strictly prohibited! Page 2 of 50 2360 Specification February 1, 2010 A2b Class B Class B aggregate shall consist of crushed rock from all other bedrock sources such as carbonate and metamorphic rocks. (Schist) A2c Class C gravel deposit. Class C aggregate shall consist of natural or partly crushed natural gravel obtained from a natural A2d Class D Class D aggregate shall consist of 100 percent crushed natural gravel. The crushed gravel shall be produced from material retained on a square mesh sieve having an opening at least twice as large as the Specification permits for the maximum size of the aggregate in the composite asphalt mixture. The amount of carryover (material finer than) the selected screen shall not exceed ten percent. A2e Class E Class E aggregate shall consist of a mixture of any two or more of the above classes of approved aggregate (A, B, and D). The use of Class E aggregate, as well as the relative proportions of the different constituent aggregates, shall be subject to the approval of the Engineer. The relative proportions of the constituent aggregates shall be accurately controlled either by the use of a blending belt approved by the Engineer prior to production or by separately weighing each aggregate during batching operations. A2f Steel Slag Steel slag may not exceed 25 percent of the mass of the total aggregate. Steel slag shall be free of metallics and other mill waste. Stockpiles will be accepted for use if the total expansion, determined by ASTM D4792, is less than 0.50 %. A2g Taconite Tailings (TT) Taconite tailings shall be obtained from ore that is mined westerly of a north -south line located east of Biwabik, Mn (RI 5W- R16W); except that taconite tailings from ore mined in southwestern Wisconsin will also be permitted for use. Approved taconite tailing sources are on file with the Department Bituminous Engineer. A2h Recycled Asphalt Shingles (RAS) RAS may be included in the mixture to a maximum of 5 percent of the total weight of mixture as shown in Table 23603 -B2a. Either manufactured waste scrap asphalt shingles (MWSS) or tear -off scrap asphalt shingles (TOSS) may be included in the mixture. The percentage of RAS used will be considered part of the maximum allowable RAP percentage. Refer to Section 2360.2 GI to select a virgin asphalt binder grade. The ratio of added new asphalt binder to total asphalt binder shall be 70% or greater ((added binder /total binder) x 100 >= 70). A minimum of 1 spotcheck per day per mixture blend is required to determine new added binder. All RAS materials shall be processed to meet the following gradation requirements: Gradation M passing) Siev Size (inch (mm] % passing) 1/2 inch 12.5 100 #4 4.75 90 Page 3 of 50 2360 Specification February 1, 2010 To conduct the gradation testing, a 500 -700 gram sample of processed shingle material is air dried and then dry sieved over the 1/2" and #4 sieves and then weighed. Shingle asphalt binder content is to be determined by chemical extraction, MnDOT Lab Procedure 1851 or 1852. An aggregate bulk specific gravity (Gsb) of 2.650 may be used in lieu of determining the shingle aggregate Gsb by Mn/DOT 1205 (AASHTO T84). RAS shall not contain extraneous waste materials. Extraneous materials including, but not limited to, metals, glass, rubber, nails, soil, brick, tars, paper, wood, and plastics shall not exceed 0.5 percent by weight as determined on material retained on the No. 4 (4.75 -mm) sieve. To conduct deleterious material testing, a 500 -700 gram sample of processed shingle material is sieved on the #4 sieve and any extraneous waste material is picked and weighed. RAS shall be stockpiled separate from other salvage material. Blending of RAS in a stockpile with other salvage material is prohibited. Blending of MWSS and TOSS is not allowed. Blending of a virgin sand material with the processed shingles, to minimize agglomeration of the shingle material, is allowed, but, the blended sand must be accounted for in the mixture design. Before a Mixture Design Report for a particular mixture is authorized, the following shall be submitted, along with materials and paperwork required by 2360.3: Certification, of the RAS, by the processor. Certification forms for both MWSS and TOSS are located on the Bituminous Office website at: www. dot. state .mn.us /materials/bituminous.html AN Crushed Concrete and Salvaged Aggregate Crushed concrete is allowed as an aggregate source for up to 50 percent of the aggregate in non -wear mixtures. Crushed concrete is not allowed in wearing courses. Salvaged aggregate is allowed as an aggregate source for up to 100 percent of the aggregate in wear and non -wear mixtures. All salvaged aggregate shall be stockpiled uniformly to limit variation in mixture properties. Salvaged aggregates shall meet quality and crushing requirements as specified herein. A2j Sewage Sludge Ash (SSA) Sewage sludge ash is allowed as an aggregate source in both wear and non -wear courses to a maximum of 5 percent of the total weight of mixture. Only SSA that meets the Tier II hazard evaluation criteria as approved by Mn/DOT's Office of Environmental Services, Environmental Analysis Section, will be allowed for use in the mixture. Approved waste incinerator ash sources are on file with the Department Bituminous Engineer. A3 Recycled Asphaltic Pavement Materials (RAP) The combined RAP and virgin aggregate shall meet the composite coarse and fine aggregate angularity for the mixture being produced. RAP containing any objectionable material, i.e., road tar, metal, glass, wood, plastic, brick, fabric, or any other objectionable material having similar characteristics will not be permitted for use in the asphalt pavement mixture. 1851 or 1852. Asphalt binder content in the RAP shall be determined according to Mn/DOT Lab Manual Method Page 4 of 50 2360 Specification February 1, 2010 B Manufactured Crushed Fines (4 material) All Class A, B, D, and E material that passes the #4 [4.75 mm] screen will be considered as crushed fines. Manufactured Crushed Fines (4 material) from Class C Aggregate. Produce manufactured crushed fines (4 material) from a gravel source by passing the gravel over a selected screen, 3/8 inch [9.5 mm] or larger, prior to mechanical crushing. The material which passes the 3/8 inch [9.5 mm] screen shall not be incorporated into the manufactured crushed fines but may be used as it qualifies for natural sand. The amount of carryover (material finer than) the selected screen shall not exceed ten percent. The material retained on the 3/8 inch [9.5 mm] screen shall be crushed. The material that passes the #4 [4.75 mm] screen, after crushing, will be considered as 100% crushed fines. Material retained on the #4 [4.75 mm] screen after crushing will not be counted as +4 crushing until tested. C Quality Requirements Cl. Los Angeles Rattler Test ........................................................... ............................... AASHTO T96 The Los Angeles Rattier loss on the coarse aggregate fraction (material retained on the #4 [4.75 mm] sieve shall not exceed 40 percent for any individual source used within the mix. An aggregate proportion which passes the #4 [4.75 mm] sieve and exceeds 40 percent LAR loss on the coarse aggregate fraction is prohibited from use in the mixture. C2 Soundness (Magnesium Sulfate) ............................................ ............................... AASHTO T104 The magnesium sulfate soundness loss at 5 cycles on the coarse aggregate fraction (material retained on the #4 [4.75 mm]) shall not exceed the following for any individual source used within the mix: a) No more than 14 % loss on the 3/4 inch [19 mm] to 1/2 inch [12.5 nun] and larger fractions. b) No more than 18% loss on the 1/2 inch [12.5 mm] to 3/8 inch [9.5 mm] fraction. C) No more than 23% loss on the 3/8 inch [9.5 mm] to #4 [4.75 mm] fraction. d) No more than 18% for the composite loss. (Applies only if all three size fractions are tested). * 1) If the composite requirement is met but one or more individual components do not, the source may be accepted if no individual component is more than 110% of the requirement for that component. 2) If each individual component requirement is met but the composite does not, the source may be accepted if the composite is no greater than 110% of the requirement. Coarse aggregate that exceeds the requirements listed above shall not be processed for use as minus #4 [4.75 mm] material. C3 Spall Materials and Lumps ........................... ............................... Mn/DOT Laboratory Manual Spall is defined as shale, iron oxide, unsound cherts, pyrite, highly weathered and/or soft phyllite and argillite (may be scratched with a brass pencil), and other materials having similar characteristics. Lumps are defined as loosely bonded aggregations and clayey masses. If the percent of lumps measured in the stockpile or cold feed exceed the values listed below, asphalt production shall cease and compliance shall be determined by dry batching. This procedure may be repeated at any time at the discretion of the Engineer. Maximum limits for Spall and lumps, expressed as percentages by mass, are listed in Table 2360.3 -132a. Page 5 of 50 2360 Specification February 1, 2010 C4 Insoluble Residue Test .................................... ............................... Mn/DOT Laboratory Manual If Class B carbonate material is used in the mix, the minus #200 [0.075 mm] sieve size portion of the insoluble residue shall not exceed 10 percent. D Aggregate Restrictions Class B carbonate aggregate restrictions are specified in Table 2360.3 -132a. E Gradation Requirement The coarse and fine aggregate shall be combined in such proportions to produce an asphalt mixture meeting all of the requirements defined in this specification and shall conform to the gradation as defined in Table 2360.2 -E. Gradation testing shall be conducted in accordance with AASHTO T -11 (4200 [ -0.075 mm] wash) and T -27. Table 2360.2 -E Aggregate Gradation Broad Bands passing of total washed grada tion Sieve Size inch mm A B C D E SMA 1 inch [25.0 ] 100 See SMA Provisions 3/4 inch [19.0 100 0) 85 -100 1/2 inch [12.5 ] 100 1 ' 85 -100 45 -90 3/8 inch [9.5 ] 85 -100 35 -90 - 100 #4 4.75 25 -90 30 -80 30 -75 65 -95 #8 2.36 20 -70 25 -65 25 -60 45 -80 #200 0.075 2.0 -7.0 2.0 -7.0 10 -7.0 3.0 -8.0 (1) The gradation broadband for the maximum aggregate size may be reduced to 97% passing for mixtures containing RAP, when the oversize material is suspected to come from the RAP source. The virgin material must remain 100% passing the maximum aggregate sieve size. F Additives An additive is any material added to an asphalt mixture or material, such as mineral filler, hydrated lime, asphalt additives, anti - strip, and similar products that do not have a specific pay item. When a Contract requires additives, compensation is included with the pay items for the appropriate mixture. If the Engineer directs the Contractor to incorporate additives, the compensation will be as Extra Work, at the unit price specified in the proposal. The Department will not compensate the Contractor for additives incorporated at the Contractor's option. Additives will not be incorporated into the mixture without approval of the Engineer. Anti - foaming agents shall be added to asphalt cement at the manufacturer's recommended dosage rate. Mineral filler and hydrated lime may be added in a quantity not to exceed 5 percent and 2 percent, respectively, of the total mass of the aggregate. The combination of mineral filler and hydrated lime shall not exceed 5 percent of the total mass of aggregate. The Engineer will approve or disapprove methods for addition of additives. FlMineral Filler .................................................................. ............................... ...........................3145 F2 Hydrated Lime ................................................................ ............................... ...........................3145 Hydrated lime used in asphalt mixtures shall meet the requirements of ASTM C977 and have a maximum of eight percent unhydrated oxides (as received basis). The method of introducing and mixing the hydrated lime and aggregate shall be subject to approval by the Engineer prior to beginning mixture production. Page 6 of 50 2360 Specification February 1, 2010 F3 Liquid Anti- Stripping Additive When a liquid anti -strip additive is added to the asphalt binder, blending shall be completed before the asphalt binder is mixed with the aggregate. Liquid anti -strip additives that alter the asphalt binder, such that it fails to meet the Performance Grade (PG) requirements, shall not be used. Liquid anti -strip may be added by the supplier at the refinery or by the Contractor at the plant site. The company /supplier adding the additive shall be responsible for testing the binder /additive blend to ensure compliance with the AASHTO M 320, Standard Specification for Performance Graded Asphalt Binder. No paving will be allowed until the asphalt binder /additive blend has been tested and results show that binder /additive blend properties meet the criteria in Section 2360.2G. The testing shall be done in accordance with a Mn/DOT approved Asphalt Binder QC Plan. Requirements for the Asphalt Binder QC Plan are on file in the Bituminous Office. The following requirements for HMA mixture and asphalt binder must also be met when liquid anti -strip is added at the HMA plant site. Mixture Requirements at Design: 1) The Contractor must design the mixture with the same asphalt binder that will be supplied to the plant site. (Both Laboratory Mixture Design (Option 1) and Modified Mixture Design (Option 2). 2) The Contractor must provide documentation with either design option that includes Tensile Strength Ratio results with the liquid anti -strip dosed at the optimal rate. Documentation must include verification the binder /additive blend meets AASHTO M 320 at the optimal dose rate. Contractor Production Testing Requirements for Asphalt Binder /Liquid Anti -Strip Blend: 1) The Contractor shall, on a daily basis, sample and test the asphalt binder /anti -strip blend. Testing of the blend can be by viscosity, penetration, or dynamic shear rheometer (DSR). When a polymer modified asphalt binder is specified, the Contractor shall use the DSR as the daily QC test. 2) The Contractor shall, on a weekly basis, send the Engineer and Mn/DOT Chemical Laboratory Director a weekly QC report summarizing the results of the daily testing as required in number 1. 3) The Contractor shall, on a bi- weekly basis, test the binder /anti -strip blend to ensure compliance with the AASHTO M 320, Standard Specification for Performance Graded Asphalt Binder (minimum 1 /project). Test results shall be sent to the Engineer and Mn/DOT Chemical Laboratory Director. 4) In addition to the sampling requirements listed above, the Contractor shall obtain asphalt binder /anti -strip blend field verification samples according to 2360.4 E12. Liquid Anti -Strip Additive Metering System 1) The metering system shall include a liquid anti -strip flow meter in addition to an anti -strip pump. The flow meter shall be connected to the liquid anti -strip supply to measure and display only the anti -strip being fed to the asphalt binder. 2) The meter readout shall be positioned for convenient observation. 3) There shall be a means provided for comparing the flow meter readout with the calculated output of the anti -strip pump. See number 7. 4) The system shall display in units of gallons [liters] to the nearest gallon [liter] or in units of tons [metric tons] to the nearest 0.001 tons [0.001 metric tons], the accumulated anti -strip quantity being delivered to the mixer unit. 5) The system shall be calibrated and adjusted to maintain an accuracy of ± one percent error. 6) Calibration shall be required for each plant set -up prior to production of mixture. 7) The Engineer may require, on a daily basis, the Contractor "stick" the anti -strip tank at the end of the days production to verify anti -strip usage quantities. 8) The system shall provide for a convenient method for sampling the binder /anti -strip after blending has occurred. 9) Alternative blending and metering systems must be pre - approved by the Engineer Page 7 of 50 2360 Specification February 1, 2010 F4 Coating and Anti - Stripping Additive ............................ ............................... ...........................3161 G Asphalt Binder Material ....................................................... ............................... AASHTO M 320 Asphalt binder material shall meet the requirements of PG asphalt binder testing tolerances, sampling rates, testing procedures, and acceptance criteria based on the most current Mn/DOT Technical Memorandum, titled "Inspection, Sampling, and Acceptance of Bituminous Materials." The PG asphalt binder cannot be modified with air blowing procedures unless the Department Bituminous Engineer approves it. The Contractor shall not use petroleum distillates such as fuel oil, diesel fuel or other fuels in the asphalt tanks. A statement shall be provided by the supplier for recommended laboratory mixing and compaction temperatures and field maximum mixing and compaction temperatures. GI Asphalt Binder Selection Criteria for All Mixtures with RAP Specified PG Asphalt Binder Grade RAP Percentage < 20% RAP 0 > 20% RAP PG XX -28 & PG 52 -34 Use Specified Grade Use Specified Grade PG XX -34 Use Specified Grade Use Blending Chart* *The use of a blending chart, to verify compliance with the specified binder grade, is required when RAP is > 20 %. Blending chart procedure is on file in the MnDOT Chemical Laboratory. Mn/DOT may take production samples for information/verification of compliance with the specified asphalt binder grade. 2360.3 MIXTURE DESIGN A Mixture Design General The asphalt mix may be designed using one of the following two Contractor trial mix design options as described in 2360.313 and 2360.3D. Review of mixture designs will be performed in the District Materials Laboratory where the Project is located. All mixture design test results, documentation, aggregate material samples, and mixture samples, as required by the trial mix design option, shall be submitted to the District Materials Laboratory where the Project is located (Department Bituminous Engineer in Metro area). Unless otherwise authorized by the District Materials Engineer, the addition of aggregates and materials not included in the original mixture submittal is prohibited. It is the Contractor's responsibility to design a gyratory mixture in accordance with the most current AASHTO T -312 (Mn/DOT modified), the Asphalt Institute's Superpave Mix Design Manual SP -2 (2 -hour short term aging period is used for volumetric), and the Mn/DOT Laboratory Manual such that it meets the requirements of this specification. B Laboratory Mixture Design (Option 1) To verify Laboratory Mixture Design compliance with these specifications, the Contractor shall submit mixture design test results and documentation as described in Section 2360.3C and the materials described below to the District Materials Laboratory where the Project is located (Department Bituminous Engineer in Metro area). The District Materials Engineer (Department Bituminous Engineer) will issue a Mixture Design Report when the mixture design has been successfully verified. B1 Aggregate sample At least 15 working days prior to the start of asphalt production, the Contractor shall submit aggregate samples for quality testing. An 80 pound [35 kg] sample of representative aggregate retained on the #4 sieve [4.75 mm] and a 35 pound [15 kg] sample of material passing the #4 sieve [4.75 mm]shall be submitted to Page 8 of 50 2360 Specification February 1, 2010 the District Materials Laboratory where the Project is located (Bituminous Engineer in Metro area). In addition to the preceding requirements the Contractor shall also submit an 80 pound [35 kg] sample of representative RAP material and/or a 10 pound [5 kg] sample of representative RAS material when the mixture includes asphaltic recycled materials. The Contractor shall provide 24 hour notice of intent to sample aggregates. These samples will be tested for quality of each source, class, type, and size of virgin and non - asphaltic salvage aggregate source used in the mix design. The Contractor shall retain a companion sample of equal size until a Mixture Design Report is issued. Quality requirements are defined in Section 2360.2C. Aggregates that require the magnesium sulfate soundness test shall be submitted to the Department Bituminous Engineer or District Materials Engineer at least 30 calendar days prior to the start of asphalt production. Dispute resolution procedures for aggregate qualities are on file in the Bituminous Office. B2 Mixture sample At least 7 working days prior to the start of asphalt production, the Contractor shall submit in writing a proposed Job Mix Formula (JMF) for each combination of aggregates to be used in the mixture. The JMF will be reviewed in the District Materials Laboratory where the Project is located (Department Bituminous Engineer in Metro area). A Level II Quality Management mix designer must sign the proposed JMF. For each JMF submitted, the Contractor shall include test data to demonstrate conformance to mixture properties as specified in Table's 2360.3 -132b and 2360.3 -132c. The proposed JMF shall be submitted on forms approved by the Department. In addition, the Contractor shall submit an uncompacted mixture sample plus briquettes compacted at the optimum asphalt content and required compactive effort conforming to the JMF for laboratory examination and evaluation. Mixture sample size and number of compacted briquettes are as follows: Table 2360.3 -132 Mixture Sample Requirements Item Gyratory Design Un -compacted Mixture Sample Size 75 pounds [30 K Number of compacted briquettes 2 132a Mixture Aggregate Requirements The aggregate fractions shall be sized, graded, and combined in such proportions that the resulting mixture will meet the requirements listed in Section 2360.2 -E and Table 2360.3 -132a shown below. Page 9 of 50 2360 Specification February 1, 2010 Table 2360.3 -132a Mixture Aggregate Requirements (1) When shingles are included as part of the allowable RAP percentage in Traffic Level 2, 3, 4, or 5 mixtures the ratio of added new asphalt binder to total asphalt binder shall be 70% or greater ((added binder /total binder) x 100 >= 70). A minimum of 1 spotcheck per day per mixture blend is required to determine new added binder. (2) MWSS is manufactured waste scrap shingle and TOSS is tear -off scrap shingle. B2b Mixture Requirements Mixture evaluation will be based on the trial mix tests and the corresponding requirements listed in Table 2360.3 -132b and Table 2360.3 -132c. Page 10 of 50 Traffic Traffic Traffic Traffic SMA Aggregate Blend Property Level 2 Level 3 Level 4 Level 5 T. Level 6 3-10 10 - 30 See SMA 20 year Design ESAL's <1 million 1 - 3 million million million Provisions Min. Coarse Aggregate Angularity (ASTM D5821) 30/- 551- 85/80 95/90 - (one face / two face), %- Wear 30/- 551- 60/- 80/75 (one face / two face), %- Non -Wear Min. Fine Aggregate Angularity (FAA) (AASHTO T304, Method A) %- Wear 40 42 42 44 45 - %- Non -Wear 40 40 40 40 Flat and Elongated Particles, max % by 10 10 10 weight, ASTM D 4791 - 5:1 ratio 5:1 ratio 5. 1 ratio Min. Sand E uivalet AASHTO T 176 - - 45 45 - Max. Total Spall in fraction retained on the #4 [4.75mm] sieve — Wear 5.0 2.5 1.0 1.0 - Non -Wear 5.0 5.0 2.5 2.5 Maximum Spall Content in Total Sample — Wear 5.0 5.0 1.0 1.0 - Non -Wear 5.0 5.0 2.5 2.5 Maximum Percent Lumps in fraction 0.5 0.5 0.5 0.5 - retained on the #4 4.75mm sieve Class B Carbonate Restrictions Maximum% 44 [- 4.75mm] - Final Lift /All other Lifts 100/100 100 /100 80/80 50/80 Maximum% + #4 [ +4.75mm] Final Lift/All other Lifts 100 /100 100 /100 501100 0 /100 Max. allowable RAP percentage(') 30/40 30/30 30/30 30/30 - Wear / Non Wear Max. allowable scrap shingles —MWSS( ) 515 5/5 515 515 Wear/Non Wear Max. allowable scrap shingles — TOSS(2) 515 515 015 0/0 - Final Lift/All other Lifts (1) When shingles are included as part of the allowable RAP percentage in Traffic Level 2, 3, 4, or 5 mixtures the ratio of added new asphalt binder to total asphalt binder shall be 70% or greater ((added binder /total binder) x 100 >= 70). A minimum of 1 spotcheck per day per mixture blend is required to determine new added binder. (2) MWSS is manufactured waste scrap shingle and TOSS is tear -off scrap shingle. B2b Mixture Requirements Mixture evaluation will be based on the trial mix tests and the corresponding requirements listed in Table 2360.3 -132b and Table 2360.3 -132c. Page 10 of 50 2360 Specification February 1, 2010 Table 2360.3 -132b Mixture Requirements (1) See Section 2360.4 E9. Use 6 inch [150mm] specimens. (2) Mn/DOT Min = 65, (3) Mn/DOT Min = 70 132c Primary Control Sieve The primary control sieve is used to define coarse and fine graded mixtures. The determination of coarse and fine graded mixtures will be based on the percentage of material passing the #8 [2.365 mm] sieve as shown below in Table 2360.3 -132c. Table 2360.3 -132c Primary Control Sieve Table Gradation Traffic Level Traffic Level Traffic Level Traffic Level SMA B 2 3 4 5 T. Level 6 20 year Design ESAL's < 1 million 1 - 3 million 3 - 10 million 10-30 See SMA million Provisions Gyratory Mixture Requirements Gyrations for Ndes; ,, 40 60 90 100 %Air Voids at N -- Wear 4.0 4.0 4.0 4.0 %Air Voids at Nd,,ig,,, -- Non -Wear & 3.0 3.0 3.0 3.0 All Shoulder Adjusted Asphalt Film Thickness, micron ([.1) min 8.5 8.5 8.5 8.S Tensile Strength Ratio I' min% 75 (2) 75 (2) 80 (3) 80 (3) Fines /Effective Asphalt 0.6-1.2 0.6-1.2 0,6-1.2 0.6-1.2 (1) See Section 2360.4 E9. Use 6 inch [150mm] specimens. (2) Mn/DOT Min = 65, (3) Mn/DOT Min = 70 132c Primary Control Sieve The primary control sieve is used to define coarse and fine graded mixtures. The determination of coarse and fine graded mixtures will be based on the percentage of material passing the #8 [2.365 mm] sieve as shown below in Table 2360.3 -132c. Table 2360.3 -132c Primary Control Sieve Table Gradation o Fine Mixture /o Pass #8 2.36 nun] o Coarse Mixture /o Pass #8 [2.36 min A > 47 <_ 47 B > 39 <_ 39 C > 35 <35 D I - - - -- - - - -- 132d Adjusted Asphalt Film Thickness (Adj. AFT) The adjusted asphalt film thickness of the mixture at design and during production shall meet the minimum criteria as shown in Table 2360.3 -132b. Adjusted Asphalt Film Thickness is based on the calculated aggregate surface area (SA) and the effective asphalt binder content. The procedure for calculating Adj. AFT is outlined below: 132d (1) Aggregate Surface Area (SA) The aggregate surface area (SA) is calculated by using the following formula M: SA = 2 + 0.02a + 0.04b + 0.08c + 0.14d + 0.30e + 0.60f + 1.60g Where: SA = Aggregate Surface Area in SF /lb. of dry aggregate a, b, c, d, e, f and g are the percent of total aggregate passing the #4, #8, #16, #30, #50, #100 and #200 sieves, respectively. The percent passing each of the sieves shall be rounded to the nearest 1 percent, except for the #200 sieve, which shall be rounded to the nearest 0.1 percent. Page 11 of 50 2360 Specification February 1, 2010 (1) Mixtures with a combined ( -) #4 GSb less than 2.580, or greater than 2.700, will have the calculated SA adjusted accordingly. The SA will be increased for mixtures with a combined ( -) #4 GSb less than 2.580, and decreased for mixtures with a combined ( -) #4 GSb greater than 2.700. The SA adjustment procedure is as follows: Adjusted SA = SA x (2.650 _ Mixture ( -) #4 G There will be no SA adjustment for mixtures with a combined ( -) #4 G Sb between 2.580 and 2.700. 132d (2) Adjusted Asphalt Film Thickness (Adj. AFT) Adjusted Asphalt Film Thickness is calculated as follows: Adj. AFT = AFT + 0.06(SA -28) Asphalt film thickness (AFT) is calculated by the following formulas: AFT = 1!b, - 2L4870 100xP Where: AFT = Asphalt Film Thickness in microns Pb, = Effective Asphalt Content as a percent of the total mixture 4870 = Constant Conversion Factor P =Percent Aggregate in Mixture /100, or (100 -P / 100 P = Percent Total Asphalt Cement in Mixture SA = Calculated Aggregate Surface Area in SF /lb. The Adjusted AFT will be greater than the AFT if the SA is greater than 28.0 SF /Lb., and will be less than the AFT if the SA is less than 28.0 SF /Lb. B3 Tensile Strength Ratio sample Mixture or briquettes that represent the mixture at optimum asphalt content, shall be submitted at least 7 days prior to actual production for verification of moisture sensitivity retained tensile strength ratio (TSR). Material submitted for TSR verification may be tested for maximum specific gravity G m ,,, compliance in addition to TSR results. Failure to meet the G tolerance will result in rejection of the submitted mix design. A new mix design submittal will be required and will be subject to provisions described in Section 2360.3C. One of the following options may be used to verify that the tensile strength ratio (TSR) meets the requirements in Table 2360.3 -132b. Option A) The Contractor will batch material at the design proportions including optimum asphalt. Immediately (before curing) split the sample and allow samples to cool to room temperature. Submit 77 pounds [35 kg] of mixture to the District Materials Laboratory for curing and test verification. Both groups will use a two (2) hour cure time ( 15 minutes) at 290 ° F [144 ° C] and follow procedures in ASTM D 4867 -92, Mn/DOT modified as defined in the Mn/DOT Laboratory Manual. Option B) The Contractor batches, cures (as indicated in option A), compacts, and submits briquettes and uncompacted mixture as specified below. Page 12 of 50 2360 Specification February 1, 2010 Table 2360.3 -133 Option B Mixture Requirements Item Gyratory Design Un -compacted Mixture Sample Size 8,200 Number of compacted bri uettes 6 Compacted briquette air void content 6.5-7.5% (') 6 inch [150mm] specimens B4 Aggregate Specific Gravity ...... ............................... AASHTO T84 and T85, Mn/DOT Modified The Contractor shall determine the specific gravity of all aggregate used in the mixture. C Documentation Each proposed JMF submitted for review under Section 2360.313 and 2360.313 shall include the following documentation and test results. (1) The name(s) of the individual(s) responsible for the Quality Control of the mixture during production. (2) The low project number of the Contract on which the mixture will be used. (3) The design traffic level and the design number of gyrations. (4) The temperature ranges the mixture is intended to be discharged from the plant and compacted at the roadway shall be provided by the asphalt binder supplier. Temperatures to be included are, laboratory mixing and compaction temperature ranges and maximum field mixing and compaction temperatures.. (5) The percentage in units of 1 percent (except the #200 sieve [0.075 mm] in units of 0.1 percent) of aggregate passing each of the specified sieves (including the #16, #30, #50, and #100) for each aggregate to be incorporated into the mixture. The gradation of aggregate from salvaged asphaltic material shall be derived from the material after the residual asphalt has been extracted. (6) The source and description of the materials to be used. The aggregate pit or quarry source number. The proportion of each material (in percent of total aggregate). (7) The composite gradation based on (5) and (6) above. Note: Include virgin composite gradation based on (6) and (7) above for mixtures containing RAP/RAS. (8) The bulk (dry) and apparent specific gravities and water absorption (by % weight of dry aggregate) of both coarse and fine aggregate, for each product used in the mixture (including RAP/RAS). Use AASHTO T -84 and T -85 Mn/DOT modified as defined in the Mn/DOT Laboratory Manual. The tolerance allowed between the Contractor's and the Department's specific gravities are G5b (individual) = 0.040 [ +4 AND -4] and G,b (combined) = 0.020. (9) The composite gradation plotted on a FHWA 0.45 power chart. (Federal form PR -1115) (10) The test results from the composite aggregate blend at the proposed JMF proportions indicating compliance with Coarse Aggregate Angularity, Fine Aggregate Angularity, and Flat and Elongated as shown in Table 2360.3 -132a. (11) For mixtures containing RAP/RAS include extracted asphalt binder content of the RAP /RAS with no retention factor included. (12) The percentage (in units of 0.1 percent) and PG grade of asphalt binder material to be added, based upon the total mass of the mixture. (13) Each trial mixture design shall include the following: (a) A minimum of three different asphalt binder contents (minimum 0.4 percent between each point), with at least one point at, one above and one below the optimum asphalt binder percentage. (b) The maximum specific gravity at each asphalt binder content. The theoretical maximum specific gravity used for percent air voids determination shall be calculated based on the average of the effective specific gravities measured by a minimum of two maximum specific gravity tests at the asphalt contents above and below the expected optimum asphalt binder content. Page 13 of 50 2360 Specification February 1, 2010 (c) The test results for the individual and average bulk specific gravity, density, and heights, of at least two specimens at each asphalt binder content. (d) The percent air voids in the mixture at each asphalt binder content. (e) The Adj. Asphalt Film Thickness (Adj. AFT) at each asphalt binder content. (f) The fines to Effective Asphalt (F /A) ratio calculated to the nearest 0.1 percent. (g) TSR results at the optimum asphalt binder content. (h) Graphs showing air voids, adjusted AFT, Gmb, Gmm and unit weight vs. percent asphalt binder content for each of the three asphalt binder contents submitted with trial mix. (i) Evidence the completed mixture will conform to design air voids (V a ), Adj. AFT, TSR, F /A (Fines to effective asphalt ratio). (j) The documentation shall also include labeled gyratory densification tables and curves generated from the gyratory compactor for all points used in the mixture submittal. (14) Optional Add- Rock/Add -Sand Provisions If the Contractor chooses to use the add - material option to augment the submitted JMF, the Contractor shall provide samples of the aggregate for quality analysis in accordance with Section 2360.3131. The Contractor shall provide mix design data for two additional design points per add - material. One point shall show a proportional adjustment to the submitted JMF that includes 5 percent, by mass, add - material at the JMF optimum asphalt percent. The second point shall show a proportional adjustment to the submitted JMF that includes 10 percent, by mass, add- material at the JMF optimum asphalt percent. The following information will be reported for each of these two points: (a) The maximum specific gravity (average of two tests). (b) The test results for the individual and average bulk specific gravity, density, and height of at least two specimens at the optimum asphalt binder content. (c) The percent air voids in the mixture for each point. (d) The Fines to Effective Asphalt ratio calculated to the nearest 0.1 of a percent. (e) Coarse and Fine Aggregate crushing counts (f) The Adjusted Asphalt Film Thickness Up to two add - materials will be allowed per mix design submittal. Aggregate quality and mix characteristics are required for each proposed add - material and shall be submitted at the time of the original trial mix submittal. No mixture sample or briquettes are required for these two additional points. D Modified Mixture Design (Option 2) The Contractor shall submit mixture design test results and documentation as described in Section 23603C to the District Materials Laboratory where the Project is located (Department Bituminous Engineer in Metro area) to verify compliance with these specifications. The District Materials Engineer (Department Bituminous Engineer) will issue a Mixture Design Report when the mixture design has been successfully verified. Mixture submittal is not required. The Contractor may use this option if all of the following conditions are met: a) The aggregates must have been tested for and meet all applicable quality requirements in the current construction season. b) The Level II mix designer submitting the mixture design must have a minimum of 2 years experience in mixture design. D1 JMF Submittal At least 2 working days prior to the start of asphalt production, the Contractor shall submit in writing a proposed Job Mix Formula (JMF) for each combination of aggregates to the Department Bituminous Engineer or District Materials Engineer for review. A Level II Quality Management mix designer must sign this proposed JMF. For each JMF submitted, the Contractor shall include documentation as outlined in Section 2360.3C to demonstrate conformance to mixture properties as specified in Table 2360.3 -132b and 2360.3 -132c. The proposed JMF shall be submitted on forms approved by the Department. Page 14 of 50 2360 Specification February 1, 2010 D2 Initial Production Test Verification At the start of production, the testing frequency for the first 1,800 metric tons [2,000 tons] of each mix type shall be as specified in Table 2360.4 -D. All mixture placed on Mn/DOT projects shall meet the specified quality indicators and required field density. Failure to do so will result in reduced payment or removal and replacement with acceptable material. The Department shall take a mix verification sample within the first four samples at the start of production of each mix type. D3 Tensile Strength Ratio sample See Section 2360AE9 E Mixture Design Report A Mixture Design Report consists of the JMF (Job Mix Formula). The JMF includes composite gradation, aggregate component proportions, asphalt binder content of the mixture, design air voids, adj. asphalt film thickness, and aggregate bulk specific gravity values. JMF limits will be shown for gradation control sieves (JMF limits will be aggregate gradation broadbands shown in Table 2360.2 -E), percent asphalt binder content, air voids, and Adj. Asphalt Film Thickness. Issuance of a Mixture Design Report confirms the mixture has been reviewed for and meets volumetric properties only. No guaranty or warranty, either express or implied, is made regarding placement and compaction of the mixture. A Department reviewed Mixture Design Report is required for all paving except for small quantities of material provided under Section 2360.5H. All submitted materials must meet aggregate and mixture design requirements before a Mixture Design Report is issued. The Department will review two trial mix designs per mix type designated in the plan, per Contract at no cost to the Contractor. Additional mix designs will be verified at a cost of $2000 per design, payable to the Commissioner of Transportation. For city, county, and other agency projects, the Contractor shall provide to the District Materials Laboratory a complete Project proposal including addenda, supplemental agreements, change orders, and any Plan sheets (including typical sections) that affect the mix design. The Department will not start the verification process without this information. 2360.4 MIXTURE QUALITY MANAGEMENT (Quality Control/Quality Assurance) A Quality Control (QC) The Contractor shall provide and maintain a quality control program for HMA production. A quality control program is defined as all activities, including mix design, process control inspection, sampling and testing, and necessary adjustments in the process that are related to the production of a hot mix asphalt (HMA) pavement which meets the requirements of the specifications. Al Contractor Certified Plant HMA Ala Certification Procedure The Contractor shall: (1) Complete application form and request for plant inspection. (2) Provide a site map of stockpile locations. (3) Pass plant and testing facility inspection by having the Plant Inspector and Bituminous Plant Authorized Agent complete and sign the Asphalt Plant Inspection Report (TP 02142 -02, TP 02143 -02). By signing the Asphalt Plant Inspection Report, the plant authorized agent agrees Page 15 of 50 2360 Specification February 1, 2010 to calibrate and maintain all plant and laboratory equipment within allowable tolerances set forth in these specifications, Standard Specifications for Construction, and the Mn/DOT Bituminous Manual. (4) Obtain a Mixture Design Report prior to production. Alb Maintaining Certification To maintain certification, the plant must produce, test, and document all certified plant asphalt mixtures in accordance with the above requirements on a continuous basis. Continuous basis means all asphalt mixtures supplied from a certified plant to any Department project with 2360 asphalt mixtures must be sampled and tested in accordance with 2360 requirements and the Schedule of Materials Control. The Contractor shall assure the plant certification procedure is performed annually after winter suspension and before producing material for a Project. In addition, a first day sampling and testing frequency rate as stated in Table 2360.4 -D shall be followed. The Contractor shall recertify a plant when it is moved to a new location or a previously occupied location. Ale Revocation of Plant Certification The Department Construction Engineer may revoke certification of an asphalt plant when requirements are not being met or records are falsified. The Department may revoke the Technician Certification for the individual involved. The Department Bituminous Engineer and Department Contract Administrator will maintain a list of companies who have had their asphalt plant certification revoked. B Quality Assurance (QA) The Department will perform QA testing as part of the acceptance process. The Engineer is responsible for QA testing, records, and acceptance. The Engineer will accomplish the QA process by: (1) Conducting Quality assurance and verification sampling and testing. (2) Observing sampling and tests performed by the QC personnel. (3) Taking additional samples at any time and any location during production. (4) Monitoring the required QC summary sheets and control charts. (5) Verifying calibration of laboratory testing equipment. (6) Communicating Mn/DOT test results to the Contractor's QC personnel in a timely manner (See 2360AM and 2360.4N). (7) Ensuring Independent Assurance Sampling and testing requirements are met. C Contractor's Quality Control C1 Personnel Requirements Along with the proposed mix design data, the Contractor shall submit to the Engineer an organizational chart listing the names and phone numbers of individuals and alternates responsible for mix design, process control administration, and inspection. The Contractor shall also post a current organizational chart and if required by the Engineer, post a daily roster of individuals performing QC testing in the Contractor's test facility. The Contractor's quality control organization or private testing firm shall have Certified Technicians who have met the requirements on file with the Department's Technical Certification program. Individuals performing process control testing must be certified as a Level I Bituminous Quality Management (QM) Tester. Individuals performing mix design calculations or mix design adjustments must be certified as Level II Bituminous QM Mix Designer. The Contractor shall have a Certified Level II Bituminous QM Mix Designer Page 16 of 50 2360 Specification February 1, 2010 available to make any necessary process adjustments. The Contractor shall have a minimum of one person per paving operation certified as a Level II Bituminous Street Inspector. C2 Laboratory Requirements: The Contractor shall furnish and maintain a laboratory at the plant site or other site as approved by the Engineer. The laboratory shall be furnished with the necessary equipment and supplies for performing Contractor quality control testing. The laboratory equipment shall meet the requirements listed in Section 400 of the Mn/DOT Bituminous Manual, Mn/DOT Lab Manual, and these specifications, including having extraction capabilities. The laboratory shall be calibrated and operational prior to the beginning of production. In addition to the requirements listed above, the laboratory shall be equipped with a telephone for use by the Contractor or the Engineer. A fax machine and copy machine shall be available for use by the Contractor or the Engineer at the laboratory site. The Engineer may waive the requirement to have a fax machine available at the laboratory site if transfer of data and test results can be accomplished through electronic transmittal (email). The laboratory shall also include a computer and printer. The computer shall have the following minimum requirements: 1) Intel based with either Celeron or Pentium IV processor with a minimum processor speed of 1.8 MHZ. 2) CD writer with CD/RW capability and a minimum write speed of 16x. 3) Windows 2000 or Windows XP with Microsoft Excel version 97 or newer. The printer must be able to print control charts. The Engineer shall be allowed to inspect measuring and testing devices to confirm both calibration and condition. The Contractor shall calibrate and correlate all testing equipment in accordance with the latest version of the Mn/DOT Bituminous Manual and Mn/DOT Lab Manual. Records of calibration for each piece of testing equipment shall be kept in the same facility as the equipment. D Sampling and Testing The Contractor shall ensure that all QC samples are taken at random locations. Random number generation and determination of random sample location shall be consistent with the Mn/DOT Bituminous Manual Section 5 -693.7 Table A or Section 5 of ASTM D3665. The Engineer may approve alternate methods of random number generation. The tests for mixture properties shall be conducted on representative portions of the mix, quartered from a larger sample of mixture taken from behind the paver, or when approved by the Engineer, an alternate sampling location. The procedure for truck box sampling, an alternate sampling location, is on file in the Bituminous Office. When an alternate sampling location is approved and used by the Contractor, the daily verification sample must still be taken from behind the paver. The Contractor shall obtain a sample of at least 55 pounds [25 kg]. This sample may be either split in the field or transported to the test facility by a method to retain heat to facilitate sample quartering procedures. The Contractor shall store and retain mixture bulk samples and companion samples for the Department for a period of 10 calendar days. The Contractor shall maintain these split samples in containers labeled with companion numbers. The Contractor shall perform QC sampling and testing according to the following schedule. Determine the planned tonnage for each mixture to be produced during the production day. Divide the planned production by 1000. Round the number to the next higher whole number. This number will be the number of production tests required for that mixture. Required production tests are listed in Table 2360.4 -E. Split the planned production into even increments and select sample locations as described above. If actual tonnage exceeds planned tonnage additional tests may be required. During production, mixture volumetric property tests will not be required when mix production is less than 300 tons [270 metric tons]. However, production tests will be required when the accumulative tonnage on successive days exceeds 300 tons [270 metric tons]. At the start of production, the testing frequency for the first 2,000 tons [1800 metric tons] of each mix type shall be as follows: Page 17 of 50 2360 Specification February 1, 2010 Table 2360.4 -D Production Start -Un Testing Rates Production Test Testing Rates Test Reference Section Bulk Specific Gravity 1 test per 500 tons 450 metric tons AASHTO T312,T166 Mn /DOT modified 2360AE2 Maximum Specific Gravity 1 test per 500 tons [450 metric tons] AASHTO T209 Mn/DOT modified 2360AE3 Air Voids (calculated) 1 test per 500 tons 450 metric tons AASHTO T269, T312 2360AE4 Asphalt Content 1 test per 500 tons [450 metric tons] Bit & Lab Manual 2360.4E1 Adj. AFT (Calculated) 1 test per 500 tons 450 metric tons Mn/DOT Lab Manual 2360.3132d Gradation 1 test per 500 tons [450 metric tons] AASHTO T11, T27, T30 Mn/DOT modified 2360AE6 Coarse Aggregate An ulari 1 test pe 1000 tons 9 00 metri c tons] ASTM D5821 Mn/DOT modified 2360AE7 Fine Aggregate Angularity (FAA 1 test per 1000 tons [900 metric tons] AASHTO T304, Method A 2360AE8 E Production Tests When more than one Mn/DOT approved test procedure is available, the Contractor shall select, with the approval of the Engineer, one method at the beginning of the Project and use that method for the entire Project. The Contractor and Engineer may agree to change test procedures during the construction of the Project. Table 2360.4 -E Production Sampling and Testing Rates Production Test Sampling/Testing Rates Test R eference Section Bulk Specific Gravity Divide the planned production by 1000. Round the AASHTO T312, T245 T166 2360AE2 number to the next higher whole number. Mn/DOT mod Maximum Specific AASHTO T209 Mn/DOT 2360AE3 Gravity modified Air Voids (calculated) AASHTO T269, T312 2360AE4 Asphalt Content Bit & Lab Manual 2360.4E1 Ad'. AFT (Calculated) Mn/DOT Lab Manual 2360.3132d I gradation per 1,000 tons [900 metric tons ], or portion AASHTO T11, T27, 2360AE6 Gradation thereof (minimum of one per day) T30Mn/DOT modified 2 tests /day for a minimum of 2 days, then 1 per day if ASTM D5821 Mn/DOT Coarse Aggregate CAA is met. If CAA >8% of requirement, 1 sample /day modified 2360AE7 Angularity but test 1 / week. Fine Aggregate 2 tests /day for a minimum of 2 days, then 1 per day if AASHTO T304, Method A Angularity (FAA) FAA is met. If FAA >5% of requirement, 1 sample /day 2360AE8 but test I /week. TSR When directed by the Materials Engineer ASTM D4867 Mn/DOT 2360AE9 modified Aggregate Specific When directed by the Engineer AASHTO T84 & T85, 2360.4E10 Gravity Mn/DOT modified Mixture Moisture Daily unless exempted by Engineer Mn/DOT 5- 693.950 2360AEI I Content Asphalt Binder Sample I" load (each grade) then 1 per 250,000 gallon- Mn/DOT 5- 693.920 2360.4E12 sample size 1 quart 1,000,000 liter.] Page 18 of 50 2360 Specification February 1, 2010 El Asphalt Binder Content I' (a) Spot Check (Virgin only) ..................................... ............................... Mn/DOT Bituminous Manual (b) Incinerator Oven (') ......................... ............................... Mn/DOT Laboratory Manual Method 1853 (c) Chemical Extraction .......... ............................... Mn/DOT Laboratory Manual Method 1851 or 1852 (d) Meter Method (Virgin only) ................................. ............................... Mn/DOT Bituminous Manual (1) Incinerator Oven may not be used when the percentage of Class B material exceeds 50% within the composite blend, unless a correction factor is determined by the Contractor and approved by the District Materials Engineer. (2) For Traffic Level 2, 3, 4, and 5 mixtures that include shingles as part of the allowable RAP percentage a minimum of 1 spotcheck per day per mixture blend is required to determine new added asphalt binder (See footnote 1 of Table 2360.3 -132a). E2 Gyratory Bulk Specific Gravity, Gmb (2 specimens) ....... .........................AASHTO T312, T166, Mn/DOT Modified E3 Maximum Specific Gravity, G ......... ............................... AASHTO T209, Mn/DOT Modified E4 Air Voids - Individual and Isolated ( calculation) ............. .....................:...AASHTO T269, T312 Isolated air voids are calculated using the maximum mixture specific gravity and the corresponding bulk specific gravity from a single test. Individual air voids are calculated from the maximum specific gravity moving average and the bulk specific gravity from that single test. For gyratory design, compaction shall be conducted to N d , sig ,,, as shown in Table 2360.3 -132b, for the specified Traffic Level. E5 Adj. Asphalt Film Thickness (AFT) (calculation) ..... ............................... Mn/DOT Lab Manual E6 Gradation - Blended Aggregate ......... AASHTO T -11, T -27, and T -30 (all Mn/DOT modified) Testing to determine the blended aggregate gradation shall be determined every 1,000 tons [1800 metric tons], or portion thereof (minimum of one per day), on samples taken at the same time as the required mixture sample for a given increment. All gradations require a- #200 [- 0.075 mm] wash. (a) Virgin Aggregate Mixtures - Drum or Screenless Plants Belt Samples or extracted production samples. (b) All Other Mixtures: 1. Hot Bins - Drybatch (Optional) 2. Incinerator Oven Mn/DOT Laboratory Manual Method 1853 (Optional) except samples that contain over 50% class B. (') 3. Extraction Mn/DOT Laboratory Manual Method 1851 or 1852 (Optional) (1) Incinerator Oven may not be used when the percentage of Class B material exceeds 50% within the composite blend, unless a correction factor is determined by the Contractor and approved by the District Materials Engineer. E7 Coarse Aggregate Angularity .................... ............................... ASTM D5821 Mn/DOT modified CAA test results shall meet the minimum percent fractured faces as shown in Table 2360.3 -132a. ASTM D -5821 shall be used to determine coarse aggregate angularity on the composite blend from aggregates used in production of hot mix asphalt. Mixtures that contain virgin aggregates may be tested from composite belt samples. Mixtures that contain RAP must be tested from extracted aggregates taken from standard production Page 19 of 50 2360 Specification February 1, 2010 samples. The percentage of fractured faces of the composite aggregate blend less than 100% shall be tested at the following rates: (1) Perform two tests per day for each mixture blend for a minimum of two days and then one per day if the test samples meet CAA requirements. (2) If CAA crushing test results exceed 8 percent of the requirement, take one sample per day and perform one test per week. CAA results must be reported on the test summary sheet. Mixture placed and represented by results below the minimum requirement, as shown in Table 2360.3 -132a, will be subject to reduced payment as outlined in Table 2360.4 -L3. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. E8 Fine Aggregate Angularity ...................................... ............................... ASTM C1252 Method A FAA test results shall meet the minimum criteria shown in Table 2360.3 -132a. ASTM C1252 Method A shall be used to determine fine aggregate angularity on the composite blend from aggregates used in production of HMA. Mixtures that contain virgin aggregates may be tested from composite belt samples. Mixtures that contain RAP must be tested from extracted aggregates taken from standard production samples. The percentage of uncompacted voids from the composite aggregate blend shall be tested at the following rates. (1) Perform two tests per day for each mixture blend for a minimum of two days and then one per day if the test samples meet FAA requirements. (2) If FAA test results exceed 5 percent of the requirement, take one sample per day and perform one test per week. FAA results must be reported on the test summary sheet. Mixture placed and represented by results below the minimums, as shown in Table 2360.3 -132a, will be subject to reduced payment as outlined in Table 2360.4 -L3. Tonnage is subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. E9 Field Tensile Strength Ratio (TSR) ......... ............................... ASTM D4867 Mn/DOT Modified At the discretion of the Materials Engineer, mixture will be sampled and tested to verify tensile strength ratio (TSR) If the Materials Engineer requires sampling and testing, both the Contractor and the Department will be required to test these samples within 72 hours after it is sampled. Sample size shall be 110 pound [50 kg] minimum and split in half to provide a sample for the Department and the Contractor. The Department companion of this split shall be labeled with the date, time, Project number and approximate cumulative tonnage to date. The Department companion shall be given to the Department Street Inspector or Plant Monitor immediately or delivered to the District Materials Engineer within 24 hours of sampling, as specified by the Engineer. Mixture samples shall be taken from behind the paver unless the Engineer approves an alternate sampling location. Specimen size shall be 6 inch [150 mm] for gyratory design The Contractor may test the sample at a permanent lab site or a field lab site. (1) When utilizing Option 2 mix design, it is recommended a sample be obtained within the first 5,000 tons [4,500 metric tons] of HMA produced or by the second day of production, whichever comes first, to verify tensile strength ratio (TSR). Minimum acceptable TSR values for production are shown in Table 2360.4 -E9. The Contractor shall stop production immediately if minimum TSR requirements are not met. The Contractor will not be allowed to resume production until anti -strip has been added to the asphalt binder. Determination of who is responsible for the cost of the anti -strip is based on Mn/DOT and Contractor TSR values as outlined in Tables 2360AE9A and 2360AE913. When Mn/DOT is responsible for the cost of the anti -strip, payment will be made only for the cost of the anti -strip for mixtures placed on that project. Mn/DOT will not reimburse the Contractor for any delay costs associated with making changes related to this testing. Page 20 of 50 2360 Specification February 1, 2010 Table 2360.4 -E9 Mixture Type — Minimum TSR Traffic Level 2 -3 Traffic Level 4 -5 Contractor Mn/DOT Contractor Mn/DOT 75% 1 65% 80% 70% Table 2360.4 -E9A Gyratory Level 2 -3 Contractor TSR > 75 <75 Mn/DOT > 65 NA Mn/DOT TSR <65 Contractor Contractor Table 2360.4 -E9B Gyratory Level 4 -5 Contractor TSR > = <80 Mn/DOT > 70 NA Mn/DOT TSR <70 Contractor Contractor Another sample shall be taken and tested within the first 500 tons [450 metric tons] after production resumes. If the re -test fails to meet the minimum specified value the Contractor shall stop production immediately. Production cannot resume until the Contractor has discussed, with the Engineer, a proposal for resolving the problem. The Contractor shall not operate below the specified minimum TSR on a continuing basis. A continuing basis shall be defined as 2 or more successive tests failing the TSR requirements. The following conditions will automatically require a sample to be taken and tested: 1. A proportion change of more than 10 percent (from the currently produced mixture) for a single stockpile aggregate. 2. The discretion of the Engineer. Dispute resolution procedures for TSR are on file in the Bituminous Office. E10 Aggregate Specific Gravity ( Gsb) .. .........................AASHTO T84 and T85, Mn/DOT modified At the discretion of the District Materials Engineer, aggregate stockpiles will be sampled and tested to verify aggregate specific gravity. Representative stockpile samples shall be 90 pounds [40 kg] for each aggregate component. All samples shall be split in half to provide material for both the Department and the Contractor. The Department companion of this split shall be labeled with the date, time, Project number and approximate cumulative tonnage to date. The Department companion shall be given to the Plant Monitor immediately or delivered to the District Materials Engineer within 48 hours of sampling, as specified by the Engineer. Aggregate specific gravity results will be compared to the Contractor's values on the current Mix Design Report. If the results deviate beyond the tolerance specified in Table 2360.4 -M, the District Materials Engineer will immediately contact the Contractor and issue a new Mix Design Report with the current specific gravity results. Any mixture placed following notification of new specific gravity values will be based upon Department results. The Contractor shall be notified immediately when new specific gravity values become available. The dispute resolution procedure for aggregate specific gravity is on file in the Bituminous Office. EllMoisture Content .............................................................. ............................... Mn /DOT 5- 693.950 Provide a mixture with moisture content not greater than 0.3 percent. The moisture content in the mixture shall be measured behind the paver or alternate approved sampling method on file in the Bituminous Office. Page 21 of 50 2360 Specification February 1, 2010 Sampling and testing shall be conducted by the Contractor on a daily basis unless exempted by the Engineer. Sampling and testing is suggested when rain on stockpiles exceed more than 0.2 inch [5 mm] in a 24 hour period. The sample shall be stored in an airtight container. Microwave testing is prohibited. HMA that exceeds 0.3% moisture content is unacceptable. The Contractor shall take appropriate action to remove excess water from the mixture. This action may include reducing the production rate, mixing stockpile aggregates prior to placement into the feed bins, and use of covered stockpiles. E12 Asphalt Binder Samples The Contractor shall sample the first shipment of each type of asphalt binder, then sample at a rate of one per 250,000 gallons [1,000,000 liters]; sample size shall be 1 quart [LOL]. All samples shall be taken in accordance with the Mn/DOT Bituminous Manual 5- 693.920. Sampling shall be conducted by Contractor and monitored by the Inspector. The Contractor shall record sample information on Asphalt Sample Identification Card. Promptly submit the sample to the Department Materials Laboratory in Maplewood. Contact the Department Chemical Laboratory Director for disposition of failing asphalt binder samples. F Documentation (Records) The Contractor shall maintain documentation, including test summary sheets and control charts, on an ongoing basis. The Contractor shall also maintain a file of gyratory specimen heights for all gyratory compacted samples and test worksheets. Reports, records, and diaries developed during the progress of construction activities for the Project, shall be filed as directed by the Engineer and will become the property of the Department. The Contractor shall: (1) Number test results in accordance with standard Department procedures and record on forms approved/supplied by the Department. (2) Facsimile or when approved by the Engineer, electronically transmit (email) all production test results on test summary sheets to the District Materials Laboratory and to other sites as requested by the Engineer, by 11 AM of the day following production. (2a) Include the following production test results and mixture information on the Department approved test summary sheet. 1. Percent passing on all sieves listed in Table 2360.2 -E (including #16, #30, #50, #100). 2. Coarse and fine aggregate crushing. 3. Maximum specific gravity (Gmm.)• 4. Bulk specific gravity (Gmb)- 5. Percent total asphalt binder content (P and new added asphalt binder content. 6. Calculated production air voids (V,). 7. Calculated adjusted AFT (Adj. AFT). 8. Composite aggregate specific gravity (G s b) reflecting current proportions. 9. Aggregate proportions in use at the time of sampling. 10. Tons where sampled. 11 Tons represented by a test and cumulative tons produced. 12. Fines to effective asphalt ratio (F /A,). 13. Signature Line for WDOT and Contractor Representative. 14. Mixture Moisture Content. 15. Mn/DOT verification sample test result. (2b) Submit copies of all failing test results to the Engineer on a daily basis. (3) Provide the Engineer with asphalt manifests or BOL's on a daily basis. Page 22 of 50 2360 Specification February 1, 2010 (4) Provide a daily plant diary to include a description of QC actions taken (adjustment of cold feed percentages, changes in JMFs, etc.) include all changes or adjustments on the test summary sheets. (5) Provide weekly truck scale spot checks. (6) Provide a Department approved accounting system for all mixes and provide a daily and final Project summary of material quantities and types. (6a) Provide a final hardcopy summary of all quality control test summary sheets and control charts at completion of bituminous operations on the Project to the Engineer. Because Certified Plant test data often represents test data for multiple projects, it may be necessary to make duplicate copies of the data for each project. The Contractor shall also submit a diskette of the quality control summary sheets, control charts and density worksheets to the Bituminous Engineer. (7) Furnish an automated weigh scale and computer generated weigh ticket. The ticket shall indicate project number, mix designation (including binder grade), Mixture Design Report#, truck identification and tare, net mass, date and time of loading. Any deviations from the minimum information to be provided on the computer generated weigh ticket must be approved by the Engineer in writing. (8) Test summary sheets, charts, and records for a mixture produced at one plant site shall be continued from contract to contract. The Contractor shall begin new summary sheets and charts annually for winter carry-over projects. The Contractor shall begin new summary sheets and charts when an asphalt plant is re -setup in the same location after it has moved out. G Documentation (Control Charts) The following data shall be recorded on the standardized control charts, all control charts and summary sheets shall be computer generated using software approved by the Engineer. Software is available from the Mn/DOT Bituminous Office at www.=. dot. state. mn. us /pavement/bituminous/bituminous .asp. (1) Blended aggregate gradation, include sieves shown in Table 2360.2 -E for specified mixture. (2) Percent asphalt binder content (P (3) Maximum specific gravity (G,,, (4) Production air voids (V ) (5) Adj. AFT Individual test results shall be plotted for each test point. A solid line shall connect individual points. The moving average for each test variable shall be plotted starting with the fourth test. A dashed line shall connect the moving average points. The Department's quality assurance and verification test results shall be plotted with triangles. Specification JMF limits shall be indicated on the control charts using a dotted line. The Engineer may waive the plotting of control charts. H JMF Limits The production air voids and adj. AFT are based upon the minimum specified requirements as shown in Table 2360.3 -132b. Gradations and asphalt binder content limits are based upon the current Department reviewed Mixture Design Report. Gradation control sieves are shown in Table 2360.2 -E. The mixture production targets are listed on the Mixture Design Report. JMF limits are the target plus or minus the limits shown in Table 2360.4 -H. JMF limits are used as the criteria for acceptance of materials based on the moving average. Page 23 of 50 2360 Specification February 1, 2010 Table 2360.4 -H JMF Limits =4 Item JMF Limits Ad'. AFT -0.5 Production Air Voids, % ± 1.0 Asphalt Binder Content, % -0.4 Sieve - % Passin 1 inch, 3/4 inch, 1/2 inch, 3/8 inch, #4 25, 19, 12.5, 9.5, 4.75 mm Broad Band Limits #8 2.36 mm] Broad Band Limits #200 0.075 mm] Broad Band Limits Hl Moving Average Calculation A moving average is the average of the last four test results. The calculation of the moving average shall continue without interruption except under the following conditions: 1) The Contractor shall begin new summary sheets and charts annually for winter carry-over projects. 2) The Contractor shall begin new summary sheets and charts when an asphalt plant is re -setup in the same site after it has been moved out. JMF Bands JMF Bands are defined as the area between the target, as identified on the Mixture Design Report, and the JMF limits. J JMF Adjustment The Contractor shall begin mixture production with the materials (gradation, asphalt content, and aggregate proportions) closely conforming to the reviewed Mixture Design Report. Closely conforming shall be defined as aggregate proportions within 5 percent of the design proportions (l) and other mixture parameters within the JMF limits in Table 2360.4 -H. This requirement may be waived if the Contractor provides the District Materials Laboratory with prior documented production data showing how production affects the mixture properties or if the Contractor provides the District Materials Laboratory with a written justification or explanation of material changes since the original mixture submittal. (t) The Contractor shall begin mixture production using all aggregate proportions included on the Mixture Design Report unless the aggregate proportion is shown as 0 percent. Ji JMF Request for Adjustment If, during production, the Contractor determines from results of QC tests that adjustments to the mix design are necessary to achieve the specified properties, the following provisions shall apply. Unless otherwise authorized by the District Materials Engineer, no adjustments are allowed using aggregates or materials not part of the original mix design. The Contractor shall make a request for a JMF adjustment to the Department Bituminous Engineer or District Materials Engineer. The requested change will be reviewed for the Department by a Certified Level II Bituminous QM Mix Designer. If the request meets the design requirements in Tables 2360.3 -B2a and 2360.3 -132b, a revised Mixture Design Report shall be issued. Each trial mixture design submittal as described in Section 2360.3A may have three JMF adjustments per mixture per project without charge. Additional JMF adjustments requested must be accompanied with a $500 fee per each additional JMF adjustment, payable to the Commissioner of Transportation. The adjusted JMF shall be within the mixture specification gradation design broadbands shown in Section 2360.2E. Should a redesign of the mixture become necessary, a new JMF shall be submitted. The JMF Page 24 of 50 2360 Specification February 1, 2010 asphalt content may only be reduced if at least the last four Adjusted AFT production tests (calculations) average 8.5 microns or more, and have minimum Individual Adjusted AFT's of at least 7.5 microns. Adjustments will be made as a result of an interactive process between the Contractor, Engineer, and District Materials Engineer. Consecutive requests for JMF adjustments, without production data, are not allowed. The calculation of the moving average shall continue after the JMF has been approved. Jla JMF Request for Adjustment for Proportion Change > 10% If a JMF adjustment is requested for a proportion change exceeding 10% (from the currently produced mixture) for a single stockpile aggregate, supporting production test data from a minimum of four tests run at an accelerated testing rate of 1 test per 500 tons [450 metric tons] must be included with the request for adjustment. In addition to the requirements listed above, acceptable verification and approval of the requested JMF will be based on individual and moving average test results. Individual test results must be within twice the requested JMF limits for percent asphalt binder, production air voids, and Adjusted AFT. Individual gradations must be within the Broad Bands. The moving average values must be within the control limits of Table 2360.4 -H. The calculation of the moving average shall continue after the change in proportions. If the mixture meets the specified quality indicators, the request for JMF adjustment will be signed by the District Materials Laboratory and considered effective from the point the proportion change was made. Failure to meet the quality indicators will result in reduced payment or removal and replacement with acceptable material. Consecutive requests for JMF adjustments without production data are not allowed. K Corrective Action -- Percent Asphalt Binder Content, Adj. AFT, and Gradation and Production Air Voids When the moving average values trend toward the JMF limits, the Contractor shall take corrective action. The corrective action taken shall be documented on summary sheets and, if applicable, a request for JMF adjustment shall be submitted to the District Materials Engineer for review and approval. All tests shall be part of the project files and shall be included in the moving average calculations. The Contractor shall notify the Engineer whenever the moving average values exceed the JMF limits. L Failing Materials The determination of price adjustments for failing materials will be based on the criteria outlined in this Section. Material acceptance is based on individual and moving average test results. Isolated test results are used for acceptance of air voids at the start of mixture production. Generally, individual test results which are more than twice the JMF bands are considered failing. Moving average test results are considered failing when they exceed the JMF limits. The Contractor shall begin new summary sheets annually for winter carry -over projects. If the moving average values exceed the JMF limits, the Contractor shall stop production and make adjustments. The Contractor shall restart production only after notifying the Engineer of the adjustments that have been made. Testing shall resume at the accelerated rates and for the tests listed in Table 2360.4 -D for the next 2,000 tons [ 1800 metric tons] of mixture produced. The calculation of the moving average shall continue after the stop in production. Mixture produced where the moving average of four exceeds the JMF limits shall be considered unsatisfactory and subject to requirements of Section 2360AL4, L5, L6, and U. Individual test failures are discussed in Section 2360.4L1,,L2, and L3. When the total production of a mixture type for the entire project requires less than four tests, acceptance of material will be consistent with the criteria outlined in Section 2360AL1 and L3. When the Contractor's testing data fails to meet specified tolerances as listed in Table 2360.4 -M, quality assurance /veri fication data shall be used in place of the Contractor's data to determine the appropriate payment factor. Page 25 of 50 2360 Specification February 1, 2010 Ll Isolated Failures at Mixture Start -Up — Production Air Voids At the start-up of mixture production, before a moving average of four can be established the first three (3) isolated test results for production air voids will be used for acceptance. Isolated production air voids are calculated by using the maximum mixture specific gravity and the corresponding bulk specific gravity from that single test. After four (4) samples have been tested and a moving average of four can be established, acceptance will be based on individual and moving average production air voids. If, at the start of production, any of the first three (3) isolated test results for production air voids exceeds twice the JMF bands from the target listed on the Mixture Design Report, the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4 -L3 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the isolated test result is back within twice the JMF bands. When the failure occurs at the first test, after the start of production, the tonnage subjected to reduce payment shall be calculated as described above and shall include the tonnage from the start of production. When isolated air voids are less than 1.0% or greater than 7.0% the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. If the mixture is to be removed and replaced, the Contractor at his expense will perform the work. To better define the area to be removed and replaced the Engineer may require the Contractor to test inplace mixture. This may include testing mixture placed prior to the failing test result. Reduced payment will be 50 percent of the Contract bid price. L2 Blank L3 Individual Failure - Gradation, Percent Asphalt Binder, Production Air Voids, and Adjusted AFT Table 2360.4 -L3 Reduced Pavment Schedule for Individual Test Results Item Pay Factor Gradation 95% Coarse and Fine Aggregate Crushin 90% Asphalt Binder Content 90% Production Air Voids (individual (Z) and isolated 80% (1) Lowest Pay Factor applies when there are multiple reductions on a single test. (2) Individual air voids are calculated using the moving average maximum specific gravity and the bulk specific gravity from that single test. (3) Isolated air voids are calculated from the maximum specific gravity and the bulk specific gravity from that single test. Isolated void test results are used for acceptance only for the first 3 tests after mixture production start-up. If the individual gradation test exceeds the JMF Broad Bands listed on the Mixture Design Report the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4 -L3 shall apply to all tonnage represented by the individual test. If the individual test result for adjusted AFT is less than 7.5 microns reduced payment or removal and replacement as shown in Table 2360.4 -L3a shall apply to all tonnage represented by the individual test (calculation). This tonnage includes all material placed from the sample point of the failing test until the sample point when the test result meets specification requirements. When the failure occurs at the first test after the start of daily production, the tonnage subjected to reduce payment or removal and replacement shall be calculated as described below and shall include the tonnage from the start of production that day. Page 26 of 50 2360 Specification February 1, 2010 Table 2360.4 -L3a Reduced Payment Schedule for Individual Test Results - Adjusted AFT Individual Adjusted AFT microns Pay Factor 7.5 or Greater 100% 7.4 to 7.0 90% 6.9 to 6.1 75% 6.0 or Less R &R ` Remove and Replace at the Contractor's expense If the individual tests for percent asphalt binder content or production air voids exceeds twice the JMF bands from the target listed on the Mix Design Report the material is considered unsatisfactory or unacceptable. Reduced payment as outlined in Table 2360.4 -L3 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the test result is back within twice the JMF limits. When the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall be calculated as described above and shall include the tonnage from the start of production that day. When individual air voids are less than 1.0% or greater than 7.0% the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. If the mixture is to be removed and replaced, the Contractor at his expense will perform the work. To better define the area to be removed and replaced the Engineer may require the Contractor to test inplace mixture. This may include testing mixture placed prior to the failing test result. Reduced payment will be 50 percent of the Contract bid price. L4 Moving Average Failure at Mixture Start -Up - Production Air Voids When a moving average failure occurs within any of the first 3 moving average results after mixture start-up (tests 4, 5, 6), the mixture will be considered acceptable if the individual air void, corresponding to the moving average failure is within the JMF limits. If the individual air void is not within the JMF limit, the mixture will be considered unacceptable and is subject to reduced payment. The Engineer may waive the penalty if the isolated air void corresponding to the individual air void is within the JMF limit. Reduced payment will be 70 percent of the Contract bid price. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing moving average result and corresponding individual air void beyond the JMF limit to the sampling point when the individual test result is back within the JMF limit. L5 Moving Average Failure at Mixture Start -Up — Adjusted AFT The Moving Average (n =4) Adjusted AFT will not be calculated until the sixth test after the beginning of mixture production of that specific mixture. This calculation shall include the Individual results of test (calculation) # 3, 4, 5 and 6. L6 Moving Average Failure - Production Air Voids A moving average production air void failure occurs when the individual production air void moving average of four exceeds the JMF limit. This mixture is considered unacceptable and is subject to reduced payment. Reduced payment will be 70 percent of the Contract bid price. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of all individual test results beyond the JMF limits which contributed to the moving average value that exceeded the JMF limit to the sampling point when the individual test result is back within the JMF limits. When the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that day. Page 27 of 50 2360 Specification February 1, 2010 Table 2360.4 -L6 Reduced Pavment Schedule for Moving Average Test Results Item Pay Factor Gradation 90% Coarse and Fine Aggregate Crushin NA (individual failures only) Adjusted AFT 80% Asphalt Binder Content 80% Production Air Voids 70% (1) Lowest Pay Factor applies when there are multiple reductions on a single test. L7 Moving Average Failure - Percent Asphalt Binder Content, Gradation, and Adjusted AFT For mixture properties including asphalt binder content, and gradation, where the moving average of four exceeds the JMF limits, the mixture is considered unacceptable and subject to reduced payment. Reduced payment as listed in Table 2360.4 -L6 will be applied to the Contract bid price. Tonnage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample point of all individual test results beyond the JMF limits which contributed to the moving average value that exceeded the JMF limit, to the sampling point when the individual test result is back within the JMF limits. When the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that day. The Moving Average (n =4) Adjusted AFT will not be calculated until the sixth test after the beginning of mixture production of that specific mixture. This calculation shall include the Individual results of test (calculation) # 3, 4, 5 and 6. If the Moving Average (n=4) of the Adjusted AFT is less than 8.0 microns, the mixture is considered unsatisfactory, and will be accepted at a reduced payment. Reduced payment will be 80 percent of the Contract bid price. Tonnage subjected to replacement or reduced payment shall be calculated as the tons placed from the sample point of all Individual Adjusted AFT results less than 8.0 microns, which contributed to the Moving Average value that was less than 8.0 microns, to the sample point when the Individual Adjusted AFT is 8.0 microns or greater. When the failure occurs at the first test after the start of daily production, the tonnage subjected to reduced payment shall be calculated as described above and shall include the tonnage from the start of production that day. L8 Coarse and Fine Aggregate Crushing Failure If any test result for Coarse Aggregate Angularity or Fine Aggregate Angularity crushing fail to meet minimum requirements in Table 2360.3 -132a, all material placed is subject to reduced payment as outlined in Table 2360.4 -L3. Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point of the failing test until the sampling point when the test result is back within specifications. When the failure occurs at the first test after the start of daily production, tonnage subjected to reduced payment shall include the tonnage from the start of production that day. M Quality Assurance The Engineer will periodically witness the sampling and testing being performed by the Contractor. If the Engineer observes that the sampling and quality control tests are not being performed in accordance with the applicable test procedures, the Engineer may stop production until corrective action is taken. The Engineer will notify the Contractor of observed deficiencies promptly, both verbally and in writing. The Engineer may obtain additional samples, at any time, to determine quality levels. These additional samples or verification samples are described in Section 2360.4N. For mixture, the Contractor shall test their portion immediately. All testing and data analysis shall be performed by the Certified Level I Bituminous Quality Management (QM) Technician. Certification shall be in accordance with the Mn/DOT Technical Certification Program. The Department shall post a chart giving the names and telephone numbers for the personnel responsible for the Quality assurance program. Page 28 of 50 2360 Specification February 1, 2010 The Engineer shall calibrate and correlate all laboratory testing equipment in accordance with the latest versions of the Mn/DOT Bituminous Manual and Laboratory Manual. Table 2360.4 -M Allowable Differences (Tolerances) Between Contractor and Mn/DOT Test Results* Item Allowable Difference Mixture Bulk Specific Gravity G,, b 0.030 Mixture Maximum Specific Gravity G,,, 0.019 Adjusted AFT Calculated 1.2 Fine Aggregate An ulari , uncom acted voids (U ) % 1 Coarse Aggregate An ulari , % fractured faces %P 15 Aggregate Individual Bulk Specific Gravity + #4 +4.75mm) 0.040 Aggregate Individual Bulk Specific Gravity - #4 - 4.75mm 0.040 Aggregate combined blend Specific Gravity G, 0.020 Tensile Strength Ratio (TSR) % See Table 2360.3 -132b Asphalt Binder Content Meter Method, % 0.2 Spot Check Method, % 0.2 Chemical Extraction Methods, % 0.4 Incinerator Oven, % 0.3 Chemical vs. Meter, Spot Check, or Incinerator methods 0.4 Incinerator Oven vs. Spot Check 0.4 Gradation Sieve % passin 1 inch, 3 /4 inch, '/2 inch, 3/8 inch 25.0, 19.0, 12.5, 9.5 mm 6 #4 [4.75 mm] 5 #8, #16, #30, [2.36, 1.18, 0.60 mm] 4 #50 0.30 mm] 3 #100 [0.15 mm ] 2 #200 0.075 mm] 1.2 *Test tolerances listed are for single test comparisons. N Verification Testing A verification sample is a sample, which is sampled and tested by Mn/DOT to assure compliance of the Contractor's Quality Control program. A verification companion is a companion sample, to Mn/DOT's verification sample, provided to the Contractor. The Contractor is required to test and use this verification companion sample as part of the QC program. The verification companion sample will replace the next scheduled QC sample. It is recommended enough material be sampled to accommodate retesting should the samples fail to meet requirements as described below. Verification testing shall be performed on at least one set of production tests Section 2360.4E, excluding sections E9, E10, Ell, and E12, on a daily basis per mix type. The verification companion sample will be used to verify the requirements of Tables 2360.2 -E, 2360.3 -132a, 2360.3 -132b, and 2360.3 -132c and will be compared to the Verification sample for compliance with allowable tolerances as specified in Table 2360.4 -M. These include the mixture properties of G,,,,,, (mixture max gravity), Gmb (mixture bulk gravity), asphalt binder content, Adjusted AFT (calculated), Coarse and Fine Aggregate crushing, and gradation. For Coarse and Fine Aggregate crushing that meets the requirements of Section 2360AE7 and 2360AE8 the one test per week shall be performed on a verification companion. These do not include the aggregate bulk specific gravity G,b, fines to effective asphalt, or the tensile strength ratio (TSR). Asphalt binder content and gradation must be determined by either extraction method 2360AE1b or 2360.4E1c. The Department's verification test results will be available to the Contractor within 2 working days from the time the sample is delivered to the District Laboratory for Grain mixture max gravity, Gmb mixture bulk Page 29 of 50 2360 Specification February 1, 2010 gravity, air voids (calculated), asphalt binder content, Adj. AFT (calculated). Gradation and crushing results will be provided to the Contractor within 3 Mn/DOT working days. Once the verification test results are available, they will be included on the test summary sheet. These results and those from the Contractor's verification companion will be compared for allowable tolerances as specified in Table 2360.4 -M. If the tolerances are met, the verification process is complete. If the tolerances between Department and Contractor are not met, retests of the material shall be conducted by the Department. If the retests fail to meet tolerances, the Department's verification test results will be substituted for the Contractor's results in the QC program and used for acceptance. Only those parameters out of tolerance will be substituted and, if applicable, volumetric properties will be recalculated (1). If the Adjusted AFT calculation is out of tolerance, the Mn/DOT Adjusted AFT calculation (based on Mn/DOT test results) will be Equalized and used for the Individual Adjusted AFT result, and calculation of Moving Average Adjusted AFT results. Equalization of the Mn/DOT Adjusted AFT result consists of increasing the original Mn/DOT value by 0.5 microns. This increased value will then be used for acceptance. When tolerances from the verification sample retests are not met, an investigation will begin immediately to determine the cause of the difference. Testing equipment, procedures, worksheets, gyratory specimen height sheets, and personnel will be reviewed to determine the source of the problem. The District Materials Engineer may also require at least one hot -cold comparison of mixture properties be performed. The procedure for hot -cold comparisons is as follows: The hot -cold comparison sample will be split into three representative portions. The Engineer will observe the Contractor testing the sample. One part shall be compacted immediately while still hot (additional heating maybe required to raise the temperature of the sample to compaction temperature). The second and third part will be allowed to cool to air temperature. The Contractor will retain the second part and the third part will be transported to the District Materials Laboratory. On the same day and at approximately the same time the Contractor and the District Materials Laboratory will heat their samples to compaction temperature and compact them. From this information a calibration factor will be developed to compare the specific gravity of the hot compacted samples to reheated compacted samples. Each test will involve a minimum of two gyratory specimens. The Materials Engineer or the Contractor may require additional test comparisons. Note: Care must be taken when reheating samples for mixture properties analysis tests. Mix samples should be reheated to 160 °F [70 °C] to allow splitting of the sample into representative fractions for the various tests. Overheating of the mixture portions to be tested for maximum specific gravity (Rice Test) may result in additional asphalt being absorbed in the aggregate. The Department will test the previously collected QA samples until they meet the tolerances or the remaining samples are all tested. Once these samples are tested, the department will test QA samples subsequent to the verification sample until tolerances are met. Acceptance will be based on QC data with substitution of Department test results for those parameters out of tolerance (1). If reestablishment of test result tolerances is not achieved within 48 hours, the Contractor shall cease mixture production and placement until the problem is resolved. (1) If, through analysis of data, it is determined there is a bias in the test results, the Engineer will determine which results are appropriate and shall govern. Methods to analyze data for determination of bias are on file in the Bituminous Office. 2360.5 CONSTRUCTION REQUIREMENTS A General The following construction requirements provide for the construction of all courses. When construction is under traffic, the requirements of Mn/DOT 2221.3D will apply. Page 30 of 50 2360 Specification February 1, 2010 B Restrictions In general, no work within the roadway will be permitted in the spring until seasonal load restrictions on roads in the vicinity have been removed. However, work within the roadbed may be permitted before that time if, in the opinion of the Engineer, it can be done without damage to the subgrade. HMA shall not be placed when, in the opinion of the Engineer, the weather or roadbed conditions are unfavorable. No asphalt pavement wearing course (final wearing course if multiple wearing courses) shall be placed after October 15th in that part of the state north of an east -west line between Browns Valley and Holyoke, nor after November 1 st south of that line. The Engineer may waive these restrictions when: (1) The asphalt mixture is not being placed on the traveled portion of the roadway, or (2) The roadway involved will not be open to traffic during the following winter, or (3) The Engineer directs in writing the mixture be placed. The Contractor shall not use petroleum distillates such as kerosene and fuel oil to prevent adhesion of asphalt mixtures in pavement hoppers, truck beds, or on the contact surfaces of the compaction equipment. Anti - adhesive agent must meet the criteria for "Effect on Asphalt" as described in the most recent Asphalt Release Agent Report on file in Mn/DOT's Office of Environmental Services and the Bituminous Office. C Equipment C1 Asphalt Mixing Plants Cla Requirement for All Plants The Contractor shall test and calibrate all scales according to Mn/DOT 1901, except as otherwise designated by the Contract. Cla(1) Equipment for the Preparation of the Aggregate Add mineral filler to the mixture using a storage silo equipped with a device to ensure a constant and uniform feed. Cla(2) Equipment for the Preparation of Asphalt Material Tanks for storage of asphalt material at the plant shall be equipped to heat the material and maintain the material at the required temperatures. The discharge end of the circulating line shall be below the surface of the asphalt material. Provide agitation for modified asphalt, when used, if recommended by the supplier. An outage table or chart and measuring stick shall be provided for each storage or working tank. Tanks shall be equipped with provisions for taking of asphalt binder material samples. After delivery of asphalt binder material to the Project, the Contractor shall not heat the material above 350 ° F [175 °C]. For modified asphalt, the maximum storage temperature shall not exceed the recommendation of the asphalt supplier. C1a(3) Asphalt Binder Control When asphalt binder material is proportioned by volume, the plant shall be equipped with either a working tank or a metering system for determining asphalt binder content of the mixture. The working tank shall have a capacity between 1,000 gallons [3 800 L] and 2,000 gallons [7 600 L]. The working tank shall be calibrated and supplied with a calibrated measuring stick. The tank may be Page 31 of 50 2360 Specification February 1, 2010 connected to a mixing unit and used only during spot check operations, but it shall be available at all times. Any feedback shall be returned to the working tank during spot check operations. The metering system shall consist of at least one approved asphalt binder flow meter in addition to the asphalt binder pump. The flow meter shall be connected to the asphalt binder supply to measure and display only the asphalt binder being fed to the mixer unit. The meter readout shall be positioned for convenient observation. Means shall be provided for comparing the flow meter readout with the calculated output of the asphalt binder pump. In addition, the system shall display in gallons [liters] or to the nearest 0.001 tons [0.001 metric tons], the accumulated asphalt binder quantity being delivered to the mixer unit. The system shall be calibrated and adjusted to maintain an accuracy of ± one percent error. This calibration shall be required for each plant set -up prior to production of mixture. Cia(4) Dryer: The aggregate shall be free of unburned fuel. Cla(5) Thermometric Equipment: The plant shall be equipped with a sufficient number of thermometric instruments to ensure temperature control of the aggregate and the asphalt binder material. CIa(6) Pollution Controls CI a(6)(a) Pollution ........................................................................... ............................... ...........................1717 CIa(7) Surge and Storage Bins The plant may include facilities to store hot asphalt mixture for coordinating the rate of production with the paving operations. Storage of the hot mixture will be permitted for a period not to exceed 18 hours, provided the following requirements are met: (a) Hot mix storage facilities shall be designed and operated to prevent segregation of the mix, drainage of the asphalt from the mix, and to prevent excessive cooling or overheating of the mixture. (b) The temperature of the mixture at time of discharge from the storage facility shall be within a tolerance of 9 ° F [5 °C] of the temperature when discharged from the silo or mixer. C2 Placement and Hauling Equipment All equipment shall be serviced away from the paving site to prevent contamination of the mixture. Units that drip fuel, oil, or grease shall be removed from the paved surface until such leakage is corrected. C2a Asphalt Pavers Asphalt pavers shall be self - contained, power - propelled units, with an operational vibratory screed, capable of spreading and finishing courses of asphalt plant mix material in widths applicable to the specified typical sections and thicknesses, indicated in the Contract. The screed or strike -off assembly shall produce a finished surface of the required evenness and texture without tearing, shoving, or gouging. For mainline paving, if the paving width is greater than the basic screed, auger and mainframe extensions, which meet manufacture's recommendations for the paving width, are required unless otherwise directed by the Engineer. Strike -off only extension assemblies are not allowed for mainline wearing course paving, unless directed by the Engineer. All pavers shall be equipped with an approved automatic screed control. The automatic controls shall include a system of sensor - operated devices, which follow reference lines, or surfaces on one or both sides of the paver as required. The speed of the paver shall be adjusted to produce the best results. Page 32 of 50 2360 Specification February 1, 2010 the Contract. Automatic screed control by means of an erected string line shall only be required when stated in All mixtures shall be spread without segregation to the cross sections shown in the plans. In general, leveling layers shall be spread by the method producing the best results as approved by the Engineer. The objective is to secure a smooth base of uniform grade and cross section so that subsequent courses will be uniform in thickness. The leveling layer may be spread with a properly equipped paver or, when approved by the Engineer, a motor grader equipped with a leveling device or with other means for controlling the surface elevation of the leveling layer. All mixtures shall be spread, to the fullest extent practicable, by an asphalt paver. When approved by the Engineer, mixtures may be spread by a motor grader in areas that are inaccessible to a paver such as on driveway entrances, irregular areas, short isolated areas or when the quantity of mixture makes it impractical to place with a paver. On shoulder surfacing and uniform width widening, when the placement width is too narrow for a paver, the mixture in each course shall be spread with an approved mechanical device. The placement of each course shall be completed over the full width of the section under construction on each day's run unless otherwise directed by the Engineer. C2b Trucks Trucks for hauling asphalt mixtures shall have tight, clean, and smooth beds. Mixture shall not be allowed to adhere to the truck beds. Adherence may be prevented by spraying the truck bed with an anti - adhesive agent in accordance with Section 2360.513. Each truck shall be equipped with a cover of canvas or other suitable material to protect the mixture from weather. The cover shall extend at least 1 foot [300 mm] over the sides and be attached to tie -downs unless the truck is furnished with a mechanical or automated covering system, which prevents airflow underneath by stretching the cover tightly on the top of or inside the sideboards. The cover shall be used when directed by the Engineer. C2c Motor Graders Motor graders shall be self - propelled and have pneumatic tires with a tread depth of 1/2 inch [13 mm] or less. They shall be equipped with a blade not less than 10 feet [3 m] in length and shall have a wheelbase of not less than 15 feet [4.5 m]. C2d Distributor Use a distributor designed, equipped, calibrated, maintained, and operated to uniformly apply material on surfaces with varying widths and up to 15 feet [4.6 m] wide. Provide a distributor capable of maintaining a uniform distributing pressure and controlling the application rates up to 2.0 gallons [9.OL] per square yard [square meter] within a tolerance of 0.02 gallon per square yard [0.09 L /m2]. Provide a distributor equipped with a tachometer, pressure gauges, accurate volume - measuring devices or a calibrated tank, a thermometer for measuring temperatures of tank contents, a power- operated pump, and full circulation spray bars with lateral and vertical adjustments. D Treatment of the Surface Dl Tack Coat An asphalt tack coat shall be applied to existing asphalt and concrete surfaces, and to the surface of each course or lift constructed, except for the final course or lift, according to Mn/DOT 2357. Emulsified asphalt tack coats shall be allowed to break, as indicated by a color change from brown to black, before a subsequent lift is placed. Page 33 of 50 2360 Specification February 1, 2010 The contact surfaces of all fixed structures and the edge of the in -place mixture in all courses at transverse joints and longitudinal joints shall be given a uniform but not excessive coating of liquid asphalt or emulsified asphalt before placing the adjoining mixture. E Compaction Operations After being spread, each course shall be compacted to the required density. The rollers shall, as practicable, be operated continuously so all areas are thoroughly compacted to the required density. When not operating, the rollers shall not stand on the uncompacted mixture or newly rolled pavement having a surface temperature exceeding 140 ° F [60 °C]. Rolling with steel - wheeled rollers shall be discontinued if it produces excessive crushing or pulverizing of the aggregate or displacement of the mixture. To prevent adhesion of the mixture to the steel roller wheels, the contact surfaces of the wheels shall be kept properly moistened using water or a water solution containing small quantities of a detergent or other approved material. To secure a true surface, variations such as depressions or high areas, which may develop during rolling operations, and lean, fat or segregated areas shall be corrected by removing and replacing the material in the defective area. All such corrections shall be accomplished as directed by the Engineer at no expense to the Department. When mixtures are spread by a motor grader, pneumatic tired rollers shall compact the mixture simultaneously with the spreading operation. F Construction Joints Joints shall be thoroughly compacted to produce a neat, tightly bonded joint that meets surface tolerances. Both transverse and longitudinal joints are subject to density requirements as outlined in Section 2360.6 Pavement Density. Fl Transverse Joints A transverse joint (full paver width at right angles to the centerline) shall be constructed when mixture placement operations are suspended. The forward end of the freshly laid strip shall be thoroughly compacted by rolling before the mixture has cooled. When work is resumed, the end shall be cut vertically for the full depth of the layer unless a formed edge is constructed as approved by the Engineer. F2 Longitudinal Joints Longitudinal joints between strips shall be parallel to the centerline. In multiple lift construction, the longitudinal joints between strips in each lift shall be constructed not less than 6 inches [150 mm] measured transversely from the longitudinal joints in the previously placed lift. When the wearing course is constructed in an even number of strips, one longitudinal joint shall be on the centerline of the road. When it is constructed in an odd number of strips, the centerline of one strip shall be on the centerline of the road, provided that no joint is located in the wheel path area of a traffic lane. Longitudinal joints in multiple lift construction over Portland cement concrete pavements may be aligned directly over the concrete pavement longitudinal joints at the discretion of the Engineer. At longitudinal joints formed by placing multiple strips, the adjoining surface being laid shall, after final compacting, be slightly higher (but not to exceed 1/8 inch [3 mm]) than the previously placed strip. When constructing a strip adjoining a previously placed strip or a concrete pavement, any fresh mixture that overlaps a previously placed strip or pavement shall be removed (to the longitudinal joint line) before any rolling is done. Page 34 of 50 2360 Specification February 1, 2010 G Asphalt Mixture Production (FOB Department Trucks) For asphalt mixture production, the Contractor shall, in addition to the asphalt mixture required on the Project, produce and deliver asphalt mixture to the Department. The mixture shall be the mixture being produced and shall be loaded on Department furnished trucks at the mixing plant at a time agreed on by the Engineer and Contractor. The Engineer will notify the Contractor of the total quantity of mixture desired not less than 2 weeks prior to completion of the wearing course construction. The Engineer will not accept the asphalt mixture if it is inappropriate for the Department's intended use. H Small Quantity HMA Paving Unless otherwise indicated in the Special Provisions, the following provision for a small quantity of asphalt mixture shall apply. A Mixture Design Report is not required for planned project quantities less than 9,000 square yard inches (4,500 square yards per 2 inch thickness, etc) [191,200 m' mm] or 500 tons [450 metric tons]. However, the Contractor shall verify in writing the asphalt mixture delivered to the project meets the requirements of Table 2360.3 -132a and Table 2360.3132b. The Department will obtain samples, as determined by the Engineer, to verify mixture requirements. These results will be used for material acceptance. Acceptance of material will be in accordance with the criteria outlined in Section 2360.41, 1, L2, L3, and L8. 2360.6 PAVEMENT DENSITY A General All pavements will be compacted in accordance with the Maximum Density Method unless otherwise specified in the Contract special provisions or as noted in Section 2360.6C. Density evaluation will be for both compacted mat density and compacted longitudinal joint density on those projects utilizing gyratory design. B Maximum Density Method All courses or layers of plant mixed asphalt mixtures for which the Maximum Density Method is used shall be compacted to a density not less than the percentage shown in the Table of Required Density, Tables 2360.6 -132 and 2360.6 -B2 LJ, for the applicable mixture and course and longitudinal joint type (i.e. confined or unconfined). Longitudinal joint density will not be evaluated on those lifts, which have a 1% reduced density requirement. If the Contractor elects to waive the I% reduced density requirement as per 2360.6134, then the Longitudinal Joint Density will be a requirement. BI Maximum Density Determination The Density requirements listed in Table 2360.6132 are percent of maximum specific gravity (G based on the individual lot. The Maximum specific gravity value used to calculate the percentage density for the lot shall be the average value obtained from the maximum gravity results from production tests taken during that days paving. If only one or two maximum specific gravity values were obtained that day, then the moving average value (at that test point) shall be used. If three or more maximum specific gravity values are obtained that day, then the average of those tests alone shall be used as indicated above. Bla Pavement Density Determination The density of each lot shall be expressed as a percentage of the maximum specific gravity (% G m ,,,) obtained by dividing the average bulk specific gravity for the lot by the maximum specific gravity multiplied by 100, (maximum specific gravity basis is the average G of QC tests done on the day that the individual lot was paved as described above). Determination of the bulk specific gravity of the cores shall be in accordance with AASHTO T -166, Mn/DOT modified. For coarse graded mixtures the Engineer may require determination of bulk specific gravity of the cores be in accordance with ASTM D6752 Mn/DOT modified (Corelok). Both the Contractor and Mn/DOT shall use the same test method to determine bulk specific gravity. The Page 35 of 50 2360 Specification February 1, 2010 determination of coarse and fine graded mixtures will be based on the percentage of material passing the #8 sieve [2.365 mm] as defined in Table 2360.3 -132c. Compaction operations shall be completed within 8 hours of mixture placement and before core samples are obtained for density determination. Only pneumatic tired or static steel rollers are permitted for any compactive effort performed between 6 and 8 hours after mixture placement. Compacted mixtures represented by samples or tests having deficient densities shall not be re- rolled. The Contractor shall not operate below the specified minimum density on a continuing basis. A continual basis shall be defined as all lots in a day's production failing to meet minimum density or more than 50% of lots on multiple days which fail to meet minimum density requirements. Production shall be stopped until the source of the problem is determined and corrective action is taken to bring the work into compliance with specified minimum required density. B2 Required Density Minimum density requirements for gyratory (SP) designed mixtures are listed in Table 2360.6 -132. Minimum density requirements for longitudinal joint are listed in Table 2360.6 -132 LJ. Unless otherwise indicated in the Plans or Special Provisions, shoulders wider than 6 feet [1.8 meters] paved shall be compacted by the Maximum Density Method. When shoulders are required to be compacted by the Maximum Density Method and are paved in a separate operation or have a different required minimum density than the driving lane, the lot tonnage placed on the shoulder shall be delineated in separate lots from the driving lanes for the day paving was conducted. Unless otherwise indicated in the Plans or Special Provisions a narrow shoulder, 6 feet [1.8 meters] or less wide, that is paved in the same pass as a driving lane or that is paved separately will be compacted by the Ordinary Compaction Method. Mixture compacted under Ordinary Compaction is excluded from lot density requirements and that tonnage is also excluded from incentive /disincentive payment. If the Plans or Special Provisions indicate a narrow shoulder is to be compacted by the Maximum Density Method, the minimum required density is listed in Table 2360.6 -132. If the minimum required density of the shoulder is different than the driving lane, the tonnage placed on the shoulder shall be delineated in separate lots from the driving lane. Echelon paving (two pavers running next to each other in adjacent lanes) shall be considered separate operations. Table 2360.6 -132 Required Minimum Lot Density (Mat) 1) Minimum reduced by one percent on the first lift constructed over PCC pavements. 2) Minimum reduced by one percent for the first lift constructed on aggregate base (mainline and shoulder), reclaimed or cold inplaee recycled base courses and first lift of an overlay on a roadway with a 7 ton [6.35 metric ton] or less spring load restriction (roadway includes shoulders). Page 36 of 50 SP Wear Mixtures (1)(2) SP Nonwear (1)(2) SP Shoulders (1)(2) Designed at 3% voids Designed at 4% voids % Gmm 92.0 93.0 93.0 92.0 1) Minimum reduced by one percent on the first lift constructed over PCC pavements. 2) Minimum reduced by one percent for the first lift constructed on aggregate base (mainline and shoulder), reclaimed or cold inplaee recycled base courses and first lift of an overlay on a roadway with a 7 ton [6.35 metric ton] or less spring load restriction (roadway includes shoulders). Page 36 of 50 2360 Specification February 1, 2010 Table 2360.6 -B2LJ Longitudinal Joint Density Requirement Percent Densi Location Confined Edge* of Unconfined Edge* of English Ton Metric (tonfl Mat Mat Long. Joint -- Wear & Shoulder (4% air voids) 89.0 86.5 Long. Joint -- Non -Wear & Shoulder 3% air voids 90.0 87.5 Note: *Confined shall be defined as the edge(s) of the placed mat abutting another mat, pavement surface, or curb and gutter. Unconfined or unsupported means there is no abutment of the side of the mat being placed with another mat, pavement surface, etc. 132a Lots & Core Locations Table 2360.6 -132a Lot Determination *When mix production is less than 300 tons [270 metric tons], establish I" lot when accumulative tonnage exceeds 300 tons [270 metric tons]. Compacted Mat Density Divide the days production into equal lots as shown in Table 2360.6 -132a. The Engineer may require additional density lots be established to isolate areas affected by equipment malfunction/breakdown, heavy rain, or other factors that may affect the normal compaction operations. Obtain four cores in each lot. Two cores will be taken from random locations selected by the Engineer. The third and fourth cores (the companion cores) shall be taken within 1 foot [0.3 meters] longitudinally from the first two cores. All companion cores shall be given to the Department Street Inspector immediately upon completion of coring and sawing. The random locations will be determined by the Engineer using statistically derived stratified random number tables or other approved methods of random number generation. These will also be used for partial lots. If the random core location falls on a longitudinal joint cut the core with the outer edge of the core barrel 1 foot [0.3 meters] away (laterally) from the edge of the top of the mat (joint). Cores for compacted mat density will not be taken within 1 foot [300 mm] of any longitudinal joint. The Contractor shall be responsible for maintenance of traffic, coring, patching the core holes, and sawing the cores if necessary to the proper thickness prior to density testing. Longitudinal Joint Density Longitudinal joint density will be evaluated at random lots, as determined by the Engineer near the end of the days paving operation, for 20% of the lots established for compacted mat density (Table 2360.6 -132a). Determine the number of lots for longitudinal joint density by multiplying the number of lots calculated for mat density by 0.20 and rounding up to the next higher whole number. There is a minimum requirement of I lot per day for longitudinal joint density evaluation. Within lots designated as Longitudinal Joint Density lots, the Contractor will take the 4 cores per lot requirement for mat density, plus the Contractor shall take an additional 4 cores for longitudinal joint density. Cores for longitudinal joint density shall be taken at one of the locations (station) where cores are taken for "mat density". This determination will be made at random. A total of 6 cores will be at this location (station). Cores for Page 37 of 50 Daily Production Lots English Ton Metric (tonfl 300* — 600 270* —545 1 601-1,000 [546 — 910 ] 2 1,001 — 1,600 911 — 1,4551 3 1,601 — 3,600 1,456 — 3,2751 4 3,601 — 5,000 3,276 — 4,545 5 5,001 + [4,546 +] 6 *When mix production is less than 300 tons [270 metric tons], establish I" lot when accumulative tonnage exceeds 300 tons [270 metric tons]. Compacted Mat Density Divide the days production into equal lots as shown in Table 2360.6 -132a. The Engineer may require additional density lots be established to isolate areas affected by equipment malfunction/breakdown, heavy rain, or other factors that may affect the normal compaction operations. Obtain four cores in each lot. Two cores will be taken from random locations selected by the Engineer. The third and fourth cores (the companion cores) shall be taken within 1 foot [0.3 meters] longitudinally from the first two cores. All companion cores shall be given to the Department Street Inspector immediately upon completion of coring and sawing. The random locations will be determined by the Engineer using statistically derived stratified random number tables or other approved methods of random number generation. These will also be used for partial lots. If the random core location falls on a longitudinal joint cut the core with the outer edge of the core barrel 1 foot [0.3 meters] away (laterally) from the edge of the top of the mat (joint). Cores for compacted mat density will not be taken within 1 foot [300 mm] of any longitudinal joint. The Contractor shall be responsible for maintenance of traffic, coring, patching the core holes, and sawing the cores if necessary to the proper thickness prior to density testing. Longitudinal Joint Density Longitudinal joint density will be evaluated at random lots, as determined by the Engineer near the end of the days paving operation, for 20% of the lots established for compacted mat density (Table 2360.6 -132a). Determine the number of lots for longitudinal joint density by multiplying the number of lots calculated for mat density by 0.20 and rounding up to the next higher whole number. There is a minimum requirement of I lot per day for longitudinal joint density evaluation. Within lots designated as Longitudinal Joint Density lots, the Contractor will take the 4 cores per lot requirement for mat density, plus the Contractor shall take an additional 4 cores for longitudinal joint density. Cores for longitudinal joint density shall be taken at one of the locations (station) where cores are taken for "mat density". This determination will be made at random. A total of 6 cores will be at this location (station). Cores for Page 37 of 50 2360 Specification February 1, 2010 longitudinal joint density will be taken on both sides of the lane being paved. These "edge cores" shall be cut with the outer edge of the core barrel within 6 inches (150 mm) from the edge of the top of the mat for both confined and unsupported edges. Companion cores shall be taken within 1 foot [0.3 meters] longitudinally from each "edge core ". The 2 cores for "mat density" (regular and companion core) shall be taken either 2 feet right or 2 feet left of the center of the lane being paved, regardless of random number generation. When the shoulder and driving lane are pulled in the same paving pass there is no longitudinal joint between the driving lane and shoulder. In these cases where there is no longitudinal joint do not cut a core on the imaginary line where there would have been a joint. The decision as to where to take the edge core or whether an edge core is taken is based on the shoulder density requirement. If the shoulder is to be compacted by the Ordinary Compaction Method there will only be 2 coring locations: the centerline longitudinal edge cores (6" from the joint) and the mat density cores (2' right or left of the center of the driving lane). In the density incentive /disincentive spreadsheet select "No Core" for what would have been the core next to the shoulder. This will assign a pay factor of 1.00 to this location. The centerline longitudinal joint core, taken 6" from the joint, is either confined or unconfined. If the shoulder is compacted by the Maximum Density Method there will be 3 coring locations: the centerline longitudinal edge cores (6" from the joint), the mat density cores (2' right or left of the center of the driving lane), and the edge of the shoulder (6" from the outside edge). Again, no core is cut on the imaginary line at the edge of the shoulder adjacent to the driving lane but that coring location is moved all the way to the edge of the shoulder (6" inside the edge). The centerline longitudinal joint core and edge cores are taken 6" from the joint and will be either confined or unconfined. B3 Core Testing Cores will be taken and tested by the Contractor. Core locations will be determined and marked by the Engineer. The Contractor shall schedule the approximate time of testing during normal Project work hours so that the Engineer may observe and record the saturated surface dry and immersed weight of the cores. Density determination will be made by the end of the next working day after placement and compaction. If multiple layers are placed in a single day, cores shall be sawn and separated for each layer, tested and reported by the end of the next working day. The Contractor will cut pavement samples from the completed work with power equipment, and restore the surface by the end of the next working day with new, well compacted mixture without additional compensation. Failure to restore the surface within 24 hours of coring shall subject the Contractor to a fine of $100 per working day, per lot, until the core holes are restored. Cores shall be cut using a 4 inch [100 mm] minimum outer diameter coring device. All samples shall be marked with the lot number and core number or letter. The cores shall be transported to the laboratory as soon as possible to prevent damage due to improper handling or exposure to heat. These companion cores may be tested by the Inspector on Department scales or transported to the Department's Field Laboratory or District Materials Laboratory. Measure each core three times for thickness prior to saw cutting; report the average lift thickness on the core sheet. These average thicknesses will contribute to thickness compliance as described in Section 2360.7A Companion Core Testing The Department will select at least one of the two companion cores per lot to be tested. However, the Department may elect to test all companions to provide a direct verification of all individual and daily average test results. For lots designated as Longitudinal Joint Density lots, the Agency will test at least one of the Mat Density companion cores and at least one of the Longitudinal Joint Density companion cores. Verification of the Contractor and Agency core bulk specific gravities will involve two comparisons. The first comparison will compare core bulk specific gravities of the Contractor's individual cores and Page 38 of 50 2360 Specification February 1, 2010 the corresponding Agency companion cores. The second comparison will compare the "days' average" core bulk specific gravities of Contractor and Agency tests. The comparison of the individual core bulk specific gravities will have a tolerance of 0.030 between the Contractor's bulk specific gravity and the Agency's bulk specific gravity. If the tolerance is exceeded, the Agency's result will be substituted for the Contractor's result. For the comparison of the Contractor and Agency "days' average" bulk specific gravities use only those tests that meet the 0.030 individual tolerance and compare the average of the Contractor specific gravities with the average of the Agency specific gravities. The tolerance will be variable depending on how many samples are compared and will be equal to 0.030 divided by the square root of the number of samples compared (0.030Nn). If this tolerance is exceeded, all the Agency's test results will be substituted for the Contractor's results for that day's paving. The Engineer may allow re- coring of a sample only when the core has been damaged through no fault of the Contractor, either during the coring process or in transit to the laboratory. The Agency may elect to develop and make available to the Contractor, an Internet data collection tool, to collect and analyze density core bulk specific gravity data. In this case, the Contractor may voluntarily use this tool to input density core data. In such a case, the Agency would use the data to determine the reliability of the Contractor's density core data. If the analysis finds an acceptable level of reliability, the Agency could authorize a reduction of coring frequency for companion cores to one Agency companion for every two Contractor's cores. B4 Maximum Density Acceptance and Payment Schedule The density of compacted mixture shall be accepted by pavement cores on a lot basis. The Contractor's cores will be used for acceptance, after the Agency result substitutions have been made, as stipulated above. Payment factors for mat density and longitudinal joint density are listed in Tables 2360.6 -134, 2360.6 -134b U, and 2360.6 -134c U shown below. Incentive and disincentive payments are for both wearing and non - wearing courses. However, incentive payment for longitudinal joint density will be limited to only those lots in which longitudinal joint density has been evaluated. When the density requirement has been reduced by one percent, per Table 2360.6 -132, footnote 1 & 2, payment adjustments for lot densities will be made as specified in Table 2360.6 -134a. Incentive payments are excluded when the minimum density has been reduced. However, at the Contractors request and with approval of the Engineer, the reduced density requirement may be waived and density evaluated under Table 2360.6 -134, including incentives, for first lift constructed on aggregate base, reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 7 ton [6.35 metric ton] or less spring load restriction (reduced density shall not be waived for the first lift constructed on PCC pavements). The request and approval shall be made after the first days paving and before the third days paving begins. Once the request has been approved, evaluation of density will be in accordance with Table 2360.6 -132 (excluding footnote 2) and Table 2360.6 -134, and will remain in effect for the duration of mixture placement on that lift. The Contractor will also be responsible for compliance with any construction requirements on subsequent lifts. Page 39 of 50 2360 Specification February 1, 2010 Table 2360.6 -134 Pa ment Schedule for Maximum Mat Densit % Density 121 SP Wear, and SP Shld 4% Void) % Density '21 SP Non -Wear, SP Shoulders (3% Void) Percent Payment 93.6 and above 94.6 and above 1.04 c3) 93.1-93.5 94.1-94.5 1.02 ts) 92.0-93.0 93.0-94.0 1.00 91.0-91.9 92.0-92.9 0.98 90.5 -90.9 91.5 -91.9 0.95 90.0 -90.4 91.0 -91.4 0.91 89.5-89.9 90.5-90.9 0.85 89.0-89.4 90.0-90.4 0.70 Less than 89.0 Less than 90.0 (4) Table 2360.6 -134A (1) 1% Reduced Table Percent of Max Specific Gravity (2) SP Wear, and SP Shld 4% Void Percent of Max Specific Gravity (2) SP Non -Wear, and SP Shoulders 3% Void Percent Payment 91.0 and above 92.0 and above 100 90.0-90.9 91.0-91.9 98 89.7-89.9 90.5-90.9 95 89.4-89.6 90.0-90.4 91 89.2-89.3 89.5-89.9 85 89.0-89.1 89.0-89.4 70 Less than 89.0(4) Less than 89.0 (4) Table 2360.6 -134a LJ (5) Payment Schedule for Longitudinal Joint Density (SP Wear. and SP Shld (4% Void)) % Density (2) Long. Joint (Confined Edge) Pay Factor B (Confined Edge) % Density (2) Long. Joint (Unsupp orted Edge Pay Factor C (Unsupported Edge) 91.6 and above 1.02 } 89.6 and above 1.02 s 91.1 -91.5 1.01 } 89.1 -89.5 1.01 c3 89.0 -91.0 1.00 86.5 -89.0 1.00 88.0 -88.9 0.98 85.5 -86.4 0.98 87.5 -87.9 0.95 85.0 -85.4 0.95 87.0 -87.4 0.91 84.5 -84.9 0.91 86.5 -86.9 0.85 84.0 -84.4 0.85 Less than 86.5 0.70 Less than 84.0 0.70 Page 40 of 50 2360 Specification February 1, 2010 Table 2360.6 -134b LJ (5) Payment Schedule for Longitudinal Joint Density SP Non -Wear, and SP Shoulders 3% Void) % Density c2 Long. Joint (Confined Edge) Long. (Confined Edge) % Density (Z) Long. Joint ( Unsupported Edge (Unsupported Edge) 92.6 and above 1.02 t3> 90.6 and above 1.02 (3) 92.1 -92.5 1.01 90.1 -90.5 1.01 90.0 -92.0 1.00 87.5 -90.0 1.00 89.0 -89.9 0.98 86.5 -87.4 0.98 88.5 -88.9 0.95 86.0 -86.4 0.95 88.0 -88.4 0.91 85.5 -85.9 0.91 87.5 -87.9 0.85 85.0 -85.4 0.85 Less than 87.5 0.70 Less than 85.0 0.70 (1) Minimum reduced by one percent for the first lift constructed on aggregate base (mainline and shoulder), reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 7 ton [6.35 metric ton] or less spring load restriction (roadway includes shoulders). Minimum reduced by one percent on the first lift constructed on PCC pavements (reduced density cannot be waived). (2) In calculating the percent of maximum specific gravity, report to the nearest tenth. (3) The payment in this portion of the specification shall apply only if the day's weighted average individual production air voids are within - 0.5 percent of the target air void value. The weighted average air voids shall be based on all the mixture production tests (2360.4e) for the corresponding day and shall be weighted by the tons the corresponding test represents. (4) The HMA material represented by the lot shall be paid at a 70% pay factor, unless a single core density is less than 87.0% of the maximum specific gravity (Gmm). If a single core density is less than 87.0% of Gmm, the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment. Reduced payment will be 50 percent of the Contract bid price. If the mixture is to be removed and replaced, the Contractor at his expense will remove and replace with mixture that meets the density requirement. The limits of the area to be removed and replaced will be determined by additional core samples. These additional core samples shall be taken at the same offset from centerline as the original core; unless the original low density core was taken within 1.5 feet [0.45 m] of an edge of the paver pass. In that case, the additional cores shall be taken 1.5 feet [0.45 m] from the edge of the paver pass. The densities shall be determined at 50 foot [ 15 m] intervals, both ahead and back of the point of unacceptable core density (less than 87.0% of Gmm), until a point of acceptable core density (87.0% of Gmm or greater) is found. If the incremental core density testing extends into a previously accepted lot, removal of the unacceptable material will be required; however, the results of these tests shall not be used to recalculate the previously accepted lot density. All costs incurred from additional coring and testing, resulting from unacceptable core density, will be paid by the Contractor. The unacceptable pavement area is to be computed as the product of the longitudinal limits so determined by the 15 in [50 foot] cores and the full width of the paver pass, laying in the traffic lane or lanes. Shoulders shall be exempt from this calculation unless density failure occurred in the shoulder area. After the unacceptable material (core density less than 87.0% of Gmm) has been removed and replaced, the density of the replacement material will be determined by the average of two cores. Payment for the replacement material will be in accordance with Tables 2360.6 -134 or 2360.6 -134, whichever applies. There will be no payment for the material removed. The remainder of the original lot shall have a 70% pay factor. (5) Incentive payment for longitudinal joint density will be limited to only those lots in which longitudinal joint density has been evaluated. Page 41 of 50 2360 Specification February 1, 2010 Pay Factor Determination The total pay factor will be determined by selecting one of the following three cases based on longitudinal joint construction i.e., whether the edges of the mat (right and left) are confined or unsupported. Confined shall be defined as the edge(s) of the placed mat abutting another mat, pavement surface, or curb and gutter. Unsupported means there is no abutment of the side of the mat being placed with another mat, pavement surface, etc. Case 1) Total Pay Factor = (Pay Factor A) X (Pay Factor B) X (Pay Factor C) Case 2) Total Pay Factor = (Pay Factor A) X (Pay Factor B) X (Pay Factor B) Case 3) Total Pay Factor = (Pay Factor A) X (Pay Factor C) X (Pay Factor C) Where: Pay Factor A is for mat density Pay Factor B is confined edge density, and Pay Factor C is for unsupported edge density Note: Use a pay factor of 1.00 for Pay factor B and /or Pay factor C in lots where no cores are taken at the longitudinal joint. C Ordinary Compaction Method Ordinary compaction shall be used for layers identified in the typical sections with a minimum planned thickness of less than 1 1/2 inches [40 mm], thin lift leveling, wedging layers, patching layers, driveways, areas which cannot be compacted with standard highway construction equipment. Unless otherwise indicated in the Plans or Special Provisions recreational trails shall also be compacted by ordinary compaction. The ordinary compaction method shall not be used on mainline, ramp, or loop paving, unless otherwise designated in the plans or special provisions. When density is evaluated by the ordinary compaction method a control strip shall be used to establish a rolling pattern. This shall be used by the Contractor for the compaction of the asphalt mixture for the layer on which the control strip is constructed, or until a new control strip is constructed. The control strip requirement may be waived, by the Engineer, in small localized areas or other areas not conducive to its establishment. A control strip shall be constructed at the beginning of the work on each lift of each course. Each control strip shall have an area of at least 395 square yards [330 m and shall be of the same thickness as the lift it represents. The subgrade or pavement course upon which a control strip is to be constructed shall have the prior approval of the Engineer. The control strips shall remain in place and become part of the completed work. The materials used in the construction of the control strips shall conform to the specified requirements for the course. The materials used in the control strip shall be from the same source and of the same type as the materials used in the remainder of the course that the control strip represents. The equipment used in the construction of the control strips shall be approved by the Engineer and shall be the same type and mass used on the remainder of the pavement course represented by the control strip. A minimum of two rollers shall be required. A rolling pattern shall be established for each roller. A pneumatic tired roller shall be available for compaction operations within 24 hours after request by the Engineer. The final rolling shall be performed with a tandem steel - wheeled roller. Areas that are inaccessible to the conventional type rolling equipment shall be compacted to the required density by using trench rollers or mechanical tampers. Construction of the control strips will be as directed by the Engineer. Compaction shall commence as soon as possible after the mixture has been spread to the desired thickness and shall continue until no appreciable increase in density can be obtained by additional roller's coverage. Densities will be determined by means of a portable nuclear testing device or suitable approved alternate and a growth curve shall be developed to determine the optimum rolling pattern. The Contractor shall furnish documentation of the growth curve to the Engineer. Page 42 of 50 2360 Specification February 1, 2010 To determine when no appreciable increase in density can be obtained, two test points shall be established in the control strip on a random basis and the density at each point shall be measured by a portable nuclear device or suitable approved alternate after each roller pass. Rolling shall be suspended when testing shows either a decline of more than 2% of the maximum specific gravity or when additional roller passes fail to increase the density. After said testing is accomplished, rolling on the remainder of that course shall be done in accordance with the pattern developed in the test strip for that roller. A separate rolling pattern and time interval shall be established for each roller. A new control strip shall be ordered by the Engineer when: (a) A change in the JMF is made, or (b) A change in the source of material is made or a change in the material from the same source is observed. A new control strip may be ordered by the Engineer or requested by the Contractor when: (a) Ten days of production have been accepted without construction of a new control strip, or (b) There are other reasons to believe that a control strip density is not representative of the HMA mixture being placed. The nuclear testing device shall be furnished and operated by the Contractor. The furnishing of the testing device and the operator will be considered incidental to the furnishing and placement of the HMA mixture and shall not be compensated for separately. The device shall be calibrated according to procedures described in the Mn/DOT Bituminous Manual. Each course shall be uniformly compacted until there is no further evidence of consolidation and all roller marks are eliminated. When this method is employed, and the quantity of mixture placed by the paver exceeds 110 tons [100 metric tons] per hour, at least two rollers are required for compacting the mixture placed by each paver. Cl Rollers The following requirements for rollers apply only when compaction is obtained by the ordinary compaction method. C2 Steel - Wheeled Rollers Steel - wheeled rollers shall be self - propelled and has a minimum total mass of 8 tons [7.3 metric tons], or as otherwise specified in the Contract. When vibratory rollers are used, they shall produce 3,085 Ibf per foot [45 kN per meter] of width. The frequency should be at least 2400 vpm and amplitude setting low. The roller shall be capable of reversing without backlash and shall be equipped with spray attachments for moistening all rollers on both sets of wheels. C3 Pneumatic Tired Rollers The pneumatic -tired roller shall have a compacting width of 5 feet [1.5 m] or more. It shall be so constructed that the gross wheel load force shall be a minimum of 3,000 pounds [13 IN] per wheel for SP Level 2 -3 mixtures and 5,000 pounds [22 kN] per wheel for SP Level 4 -6 mixtures and can be varied as directed by the Engineer. The tire arrangement shall be such that full compaction will be obtained over the full width with each pass of the roller. The roller may be self propelled or provided with suitable tractive equipment, unless otherwise specified in the Contract. If more than one roller is propelled by a single tractive unit, then that combination will be counted as a single roller unit. Page 43 of 50 2360 Specification February 1, 2010 C3a Vibratory Pneumatic -Tired Rollers Vibratory pneumatic -tired rollers shall be self - propelled and have a minimum total mass of 8 tons [7.3 metric tons], or as otherwise specified in the Contract. The compacting width shall be 5 feet [1.5 m] or more. The tire arrangement shall be such that full compaction will be obtained over the full width with each pass of the roller. C4 Trench Rollers Trench rollers shall be self propelled and have a mass of not less than 2,960 pounds per foot [4 400 kg per meter] of width. C5 Mixture Temperature Controls If compaction is obtained by the ordinary compaction method, the minimum laydown temperature in all courses (as measured behind the paver or spreading machine) of the asphalt mixture shall be in accordance with the temperature requirements of Table 2360.6 -05. Unless directed by the Engineer in writing, no paving is allowed under the Ordinary Compaction Method when the air temperature is below 32 °F [0 °C]. Table 2360.6 -05 Mixture Temperature Control Air Temperature Compacted Mat Thickness, inches OF [ °C ] 1 inch r25 mm 1 -1/2 inch 40 mm 2 inch [50 mm >3 inch r75 mm +32 -40 [0 -5 ] 265 (B) 129] 255 [124 ] 250 [121 + 41 -50 6 -10 270 1301 260 127 250 [1211 245 118 + 51 -60 [11 -15 ] [127 ] 255 124 245 [118] 240 [115] + 61 -70 [16-21] 250' 245 [ 118 240 115 235 113 + 71 -80 22 -27 245 [118 ] 240 1151 235 113 235 113 + 81 -90 [28 -32 ] 235 113] 230 [110] 230 [110] 230 [1 10 91+ + 33 230 110 230 [1101 230 110 225 [107 (A) Based on approved or specified compacted lift thickness. (B) A minimum of one pneumatic -tire roller shall be used for intermediate rolling unless otherwise directed by the Engineer. The Engineer may specify or modify in writing (with concurrence from the Department Bituminous Engineer) a minimum laydown temperature. (C) Not applicable if a WMA additive or process is used. 2360.7 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A Thickness After compaction the thickness of each lift shall be within a tolerance of 1/4 inch [6 mm] of the thickness shown in the Plans, except that, if automatic grade controls are used, this thickness requirement will not apply to the first lift placed. This thickness requirement will not apply to a leveling lift whether or not automatic grade controls are required. The Engineer may require removal and replacement, at the Contractor's expense, of any part of any lift that is constructed to less than the minimum required thickness. Cores taken for density determination shall be measured for thickness also. Each core shall be measured 3 times for thickness prior to sawing. Report the average of these three measurements. Each lot's average core thickness shall be documented and submitted to the Engineer. If the average of the two Contractor cores exceed the specified tolerance, an additional two cores may be taken in the lot in question. The average of all core thickness measurements per day per lift will be used to determine daily compliance with thickness specifications. On that portion of any lift constructed to more than the maximum permissible thickness, the materials used in the excess mixture above that required to construct that portion of the lift to the Plan thickness plus 1/4 inch [6 mm] may be excluded from the pay quantities and at the discretion of the Engineer and at the Contractor's expense may be required to be removed and replaced. Page 44 of 50 2360 Specification February 1, 2010 B Surface Requirements After compaction, the finished surface of each lift shall be reasonably free of segregated, open and torn sections, and shall be smooth and true to the grade and cross section shown on the Plans with the following tolerances: (1) Where a leveling lift is specified, it shall be constructed to within a tolerance of 1/2 inch [15 mm] of the elevations and grades established by the Engineer. This requirement shall also apply to the first lift placed other than leveling when automatic controls are used. (2) The surface of the final two lifts placed shall show no variation greater than 6 mm 1/4 inch [6 mm] from the edge of a 10 foot [3 m] straightedge laid parallel to or at right angles to the centerline. Shoulder surfacing and surfacing on temporary connections and bypasses shall show no variations greater than 1/4 inch [6 mm] from the edge of a 10 foot [3 m] straightedge laid parallel to the centerline. (3) After final compaction, all final lift asphalt wearing surfaces adjacent to concrete pavements shall be slightly higher (but not to exceed 1/4 inch [6 mm] than the concrete surface. After final compaction, all asphalt surfaces adjacent to gutters, manholes, pavement headers, or other fixed structures shall be slightly higher (but not to exceed 1/4 inch [6 mm] than the surface of the structure. (4) Transverse joints (construction joints), at the beginning and end of a project, at paving exceptions, or caused by suspension of daily paving operations, shall show no variation greater than 1/4 inch [6 mm] from the edge of a 10 foot [3 m] straightedge centered longitudinally across the transverse joint. The Engineer may require correction by diamond grinding when material is placed outside the above - described limitations. (5) The transverse slope of the surface of each lift, exclusive of the shoulder wearing lift, shall not vary from the slope shown in the Plans by more than 0.4 percent. (6) The distance between the edge of each lift and the established centerline shall be no less than the Plan distance nor more than 3 inches [75 mm] greater than the Plan distance. In addition, the edge alignment of the wearing lift on tangent sections and on curve sections of 3 degrees or less shall not deviate from the established alignment by more than 1 inch [25 mm] in any 25 foot [7.5 m] section. (7) The finished surface of each lift shall be reasonably free of segregated and open and torn sections and deleterious materials. Any material placed outside the above described limitations shall be removed and replaced after being cut or sawed at no expense to the Department or with the approval of the Engineer, allowed to remain inplace at a reduced cost calculated at $10 per square yard [$12 per square meter]. Any single occurrence of material outside the limitations described above shall be considered to have a minimum dimension of one square yard square [one square meter] in any dimension. C Pavement Smoothness Specification — IRI (International Roughness Index) CI General Pavement smoothness will be evaluated on the final mainline pavement surface using an Inertial Profiler (IP) and the International Roughness Index (IF 1). Unless otherwise authorized by the Engineer, all smoothness testing shall be performed in the presence of the Engineer. The Engineer and the Contractor shall mutually agree upon scheduling of smoothness testing so that testing can be observed. Any testing performed Page 45 of 50 2360 Specification February 1, 2010 without the Engineer's presence, unless otherwise authorized, may be ordered retested at the Contractor's expense. The following Table 2360.7 -A (IRI) shows pavement surfaces that are excluded from smoothness testing but subject to 2360.713 surface requirements. Table 2360.7 — A (IRI) Testing Exclusions 25 foot 7.62 m] feet either side of obstructions such as manholes, water supply castings, etc.* Ramps, Loops, Climbing lanes Side Streets, Side Connections Turn Lanes, Storage Lanes, Crossovers, Bypass Lanes Shoulders Intersections constructed under traffic — Begin and end the exclusion 100 feet 30.5m from the intersection radius Sections less than 25 foot 7.62 m]in length Acceleration, Deceleration Lanes Projects less than 1000 feet 300m in length Mainline paving where the normally posted regulatory seed is less than or equal to 45 miles per hour 70 km/hr] Begin the exclusion at the sign Single lift overlays over concrete *Mainline shall be included in profiling if obstructions are located in auxiliary or parking lanes C1A Smoothness Requirements Pavement smoothness requirements will be evaluated by the International Roughness Index (IRI) Equation A, Equation B, or Equation C. The pavement smoothness Equation will be identified in the Special Provisions of the proposal. Location of bumps and/or dips and magnitude will be based on California Test Method 526. C2 Measurement Smoothness will be measured with an IP, which produces both an IRI value and a profilogram (profile trace of the surface tested). The IP shall conform to the Class 1 requirements of ASTM E950 -94 and must be certified according to the most recent procedure on file in the Bituminous Office. For pavement evaluation, one pass will be made in the right wheel path of each traffic lane. The IP shall be run in the direction the traffic will be moving. Each lane will be tested and evaluated separately. The Engineer will determine the length in miles [kilometers] for each mainline traffic lane. The IP shall be operated at the optimum speed as defined by the manufacturer. C3 Smoothness testing The Contractor shall furnish a properly calibrated, documented, and MnDOT certified IP. The IP shall be equipped with automatic data reduction capabilities. Computer programs used to calculate the IRI statistic from a longitudinal roadway profile shall follow the procedure developed by the World Bank for a quarter -car simulation as described in NCHRP report 228. Mn/DOT certification documentation shall be provided to the Engineer on the first day the IP is used on the project. IP settings are on file in the Bituminous Office. The Contractor shall furnish a competent operator, trained in the operation of the IP and evaluation of both California Test Method 526 and the International Roughness Index. The Contractor shall remove all objects and foreign material on the pavement surface prior to surface evaluation by power brooming. Page 46 of 50 2360 Specification February 1, 2010 The pavement surface will be divided into sections which represent continuous placement. A section will terminate 25 foot [7.62 m] before a bridge approach panel, bridge surface, manhole or similar interruption. In the final pavement evaluation, a day's work joint will be included in the trace with no special consideration. A section will be separated into segments of 0.1 mi [0.1 km]. A segment will be in one traffic lane only. An IRI value shall be computed for each segment of 25 foot [7.62 m] or more. The IRI value will include the 25 foot [7.62 m] at the ends of the section only when the Contractor is responsible for the adjoining surface. End of run areas not included in the IRI value and any sections of pavement less than 25 foot [7.62m] in length shall be checked longitudinally with a 10 ft [3.028 m] straight edge and the surface shall not deviate from a straight line by more than 1/4 inch in 10 ft [6 mm in 3.028 m]. Transverse joints shall be evaluated by centering the straightedge longitudinally across the transverse joint. The Contractor shall submit the graphical trace, a summary of the bump(s) / dip(s) locations, the magnitude of the bump(s) /dip(s) and each segment IRI value on the same day as the profiling was conducted. The Contractor shall submit a final spreadsheet summary of the smoothness data to the Engineer within five calendar days after all mainline pavement placement. The summary shall be signed by the Contractor. The spreadsheet summary shall be in tabular form, with each 0.1 mile [0.1 km] segment occupying a row. Each row shall include the beginning and ending station for the segment, the length of the segment, the final IRI value for the segment, the IRI based incentive /disincentive in dollars for the segment, and the deductions for bump(s) /dip(s) in dollars for the segment. Each continuous run will occupy a separate table and each table will have a header that includes the following: the project number, the roadway number or designation, a lane designation, the mix type of the final lift, the PG binder of the final lift, the date of the final smoothness runs, and the beginning and ending station of the continuous run. The following information shall be included at the bottom of each summary: a subtotal for the IRI based incentive /disincentive, a subtotal for the bump deductions, and a total for incentive /disincentive for both IRI values and bumps. Software to summarize the data is available from the Mn/DOT Bituminous Office at www.nu dot. state. mn. us /pavement/bituminous/bituminous .asp. The Contractor will be responsible for all traffic control associated with the smoothness testing and any corrective action (when applicable) that is required of the final pavement surface. C3A Retesting The Engineer may require any portion or the total project to be retested if the results are questioned. This includes both IRI values and bump /dip locations. The Engineer will decide whether Mn/DOT, an independent testing firm (ITF), or the Contractor will retest the roadway surface. If the retested IRI values differ by more than 10% from the original IRI values, the retested values will be used as the basis for acceptance and any incentive /disincentive payments. In addition, bump /dip locations as shown by the retest will replace the original results. If the Engineer directs the Contractor or an independent testing firm to perform retesting and the original results are found to be accurate, the Department will pay the Contractor or the independent testing firm $62.14 per lane km [$100 per lane mile] that is retested, with a minimum charge of $500.00. The Contractor will be responsible for any costs associated with retesting if the original values differ by more than 10% from the retested values. C4 IRI Values The IP shall be equipped with automatic data reduction capabilities for determining the IRI values. An IRI value shall be calculated for each segment of the final pavement surface. Segments greater than or equal to 7.62 in [25 feet] and less than 161m [528 feet] shall be evaluated as a separate segment. The IRI values shall be determined by following NCHRP report 228. The IRI values shall be reported in units of inches per mile [m per Page 47 of 50 2360 Specification February 1, 2010 km]. Report inches per mile with one digit right of the decimal and for in per km report with two digits right of the decimal. Follow Mn/DOT rounding procedures per the Bituminous Manual section 5- 693.730. C4a Bumps and Dips - IRI Equation A and IRI Equation B Bump /dip location will be determined in accordance with California Method 526. Bumps and dips equal to or exceeding 0.4 inch in a 25 ft [10.2 mm in a 7.62 m] span shall be identified separately. When the profile trace shows a successive, uninterrupted bump, dip; or dip, bump combination (up to a maximum of 3 alternating trace deviations that relate to one bump or dip on the roadway), identify and evaluate these occurrences as one event. The Contractor shall correct, by diamond grinding, all areas represented by bumps or dips of 0.4 inch [10.2 mm] or more as measured by California Test Method 526. However, the Engineer may allow bumps or dips of 0.4 inches to 0.6 inches [10.2 mm to 15.2 mm] in a 25 foot [7.62 m] span to be left uncorrected, and in such case, the contractor will be assessed a price deduct as specified in section C6 ( "Payment ") of this special provision. Corrected dips or bumps will be considered satisfactory when the profilogram shows the deviations are less than 0.4 inch in a 25 foot [10.2 mm in a 7.62 m] span. C4b Bumps and Dips - IRI Equation C Bump /dip location will be determined in accordance with California Method 526. Bumps and dips equal to or exceeding 0.5 inch in a 25 ft [12.7 mm in a 7.62 m] span shall be identified separately. When the profile trace shows a successive, uninterrupted bump, dip; or dip, bump combination (up to a maximum of 3 alternating trace deviations that relate to one bump or dip on the roadway), identify and evaluate these occurrences as one event. The Contractor shall correct, by diamond grinding, all areas represented by bumps or dips of 0.5 inch [12.7 mm] or more as measured by California Test Method 526. However, the Engineer may allow bumps or dips of 0.5 inches to 0.7 inches [ 12.7 mm to 17.8 mm] in a 25 foot [7.62 m] span to be left uncorrected, and in such case, the contractor will be assessed a price deduct as specified in section C6 ( "Payment ") of this special provision. Corrected dips or bumps will be considered satisfactory when the profilogram shows the deviations are less than 0.5 inch in a 25 foot [12.7 mm in a 7.62 m] span. C5 Surface Correction Unless otherwise approved by the Engineer, corrective work shall be by diamond grinding. Other methods may include; overlaying the area, or replacing the area by milling and inlaying. The Engineer shall approve of the Contractor's method of correcting segment(s) prior to the Contractor starting corrective work. Any corrective actions by milling and inlay or overlay shall meet the specifications for ride quality over the entire length of the correction, including the first and last 25 foot [7.62 m]. Bumps or dips in excess of 0.4 inches [10.2 mm] where evaluation is by Equation A or B or bumps or dips in excess of 0.5 inch [12.7 mm] where evaluation is by Equation C that are located at transverse joints at areas of corrective actions utilizing overlay or milling and inlay, shall be removed by diamond grinding. The Contractor shall notify the Engineer prior to commencement of the corrective action. If the surface is corrected by overlay, inlay or replacement, the surface correction shall begin and end with a transverse saw cut. Surface corrections shall be made prior to placing permanent pavement markings. In the event that permanent pavement marking are damaged or destroyed during surface correction activities, they will be replaced at no cost to the Agency. When pavement smoothness evaluation by Equation A is specified the Engineer may require that the Contractor, at no expense to the Department, correct segments with an IRI greater than 65 inches /mile [1.03 in per km] or the Engineer may assess a $900 per 0.1 mile [$560 per 0.1 km] penalty in lieu of requiring corrective work. Page 48 of 50 2360 Specification February 1, 2010 When pavement smoothness evaluation by Equation B is specified the Engineer may require that the Contractor, at no expense to the Department, correct segments with an IRI greater than 75 inches /mile [1.18 in per km] or the Engineer may assess a $675 per 0.1 mile [$420 per 0.1 km] penalty in lieu of requiring corrective work. When pavement smoothness evaluation by Equation C is specified the Engineer may require that the Contractor, at no expense to the Department, correct segments with an IRI greater than 85 inches /mile [1.34 in per km] or the Engineer may assess a $450 per 0.1 mile [$280 per 0.1 km] penalty in lieu of requiring corrective work. Bump, dip, and smoothness correction work shall be for the entire traffic lane width. Pavement cross slope shall be maintained through corrective areas. All corrective work shall be subject to the approval of the Engineer. After all required corrective work is completed a final segment(s) IRI value and bump /dip tabulation shall be determined and submitted to the Engineer. Corrective work and re- evaluation shall be at the Contractor's expense. Segments requiring grinding will be re- profiled within two working days of completion of grinding. Individual bumps /dips and segments requiring grinding shall be completed with 15 working days of notification. C6 Payment The cost of traffic control for certified smoothness testing and/or any corrective work is incidental to the cost of the Wear course mixture. The Contractor may receive an incentive payment or be assessed a penalty based on the number of segments and the IRI value. The total ride incentive shall not exceed 10% of the total mix price for pavement smoothness evaluated under IRI Equation A, 5% of the total mix price for pavement smoothness evaluated under Equation B, or 5% of the total mix price for pavement smoothness evaluated under Equation C. Total mix shall be defined as all mixture placed on the project. Only those segments which have had no corrective work or work to improve the ride are eligible for IRI incentive payment. Incentive payment for IRI will be based on the roadway segment before corrective work is performed. Grinding of the segment into incentive payment or grinding of the segment in order to obtain a higher incentive payment is not allowed. IRI incentive payment is independent of pay adjustment for bumps and dips. The Contractor will not receive a net incentive payment for ride if more than 25% of all density lots (excluding longitudinal joint density) for the project fail to meet minimum density requirements. For pavement smoothness evaluated under Equation A uncorrected bumps or dips greater than or equal to 0.4 inches [ 10.2 mm] in a 25 foot [7.62 m] span will be assessed a price deduction of $900 per event. For pavement smoothness evaluated under Equation B uncorrected bumps or dips greater than or equal to 0.4 inches [10.2 mm] in a 25 foot [7.62 in] span will be assessed a price deduction of $675 per event. For pavement smoothness evaluated under Equation C uncorrected deviations (bumps or dips) greater than or equal to 0.5 inches [12.7 mm] in a 25 foot [7.62 m] span will be assessed a price deduction of $450 per event. Combinations of bumps and dips which arise from the same single bump or dip are considered to be one event, and shall be counted only once for the purposes of calculating price deductions. Typically, bump -dip- bump combinations, or dip- bump -dip combinations, that are confined to a 30 feet longitudinal segment are considered to be one event. Bumps or dips resulting from a construction joint will be assessed a $900 penalty, regardless of the IR1 Equation used for evaluation or pavement smoothness. Page 49 of 50 2360 Specification February 1, 2010 Incentive /disincentive payments will be based on the IRI determined for each segment and will be based on the following equations and criteria. C6a Inches /mile [IRI m/kml < 30 inches /mile [ <0.47 m/km] 30 inches /mile to 65 inches /mile [0.47 m/km to 1.03 m/km] > 65 inches /mile [ >1.03 m/km] * Typically, 3 -lift minimum construction C6b Inches /mile [IRI m/kml < 33 inches /mile [< 0.52 m/km] 33 inches /mile to 75 inches /mile [0.52 m/km to 1.18 m /km] > 75 inches /mile [ >1.18 m/km] * Typically, 2 -lift construction C6c Inches /mile [IRI m/kml < 36 inches /mile [< 0.57 m/km] 36 inches /mile to 85 inches /mile [0.57 m/km to 1.34 m/km] > 85 inches /mile [ >1.34 m/km] * Typically, single lift construction 2360.8 METHOD OF MEASUREMENT A Asphalt Mixture IRI Equation A* Incentive/Disincentive $ /0.1mile MO. 1kml $400[$249] $850 — (IRI x 15) [$523 — (IRI x 584)] -$900[-$560] IRI Equation B* Incentive/Disincentive $ /O.lmile [$ /O.lkml $270 [$168] $600 — (IRI x 10) [$373 — (IRI x 395)] -$675 [ -$420] IRI Equation C* Incentive/Disincentive $ /0.1mile MO. Ikm] $180 [$112] $414 — (IRI x 6.5) [$258 — (IRI x 257)] -$450[-$280] Asphalt mixture of each type will be measured separately by mass, based on the total quantity of material hauled from the mixing plant, with no deductions being made for the asphalt materials. B Blank C Asphalt Mixtures Measured by the Square Yard [Square Meter] per Specified (inch [mm]) and for Mixtures Measured by the Square Yard inch Asphalt mixture of each type and for each specific lift will be measured separately by area and by thickness on the basis of actual final dimensions placed. The constructed thickness shall meet tolerances set forth in Sections 2360.7A. Page 50 of 50 SECTION 32 13 14 PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place concrete walkways, medians, driveways, and valley gutters. B. Related Sections 1. Section 3123 00 - Excavation and Fill. 2. Section 3123 13 - Subgrade Preparation. 3. Section 32 1123 - Aggregate Base Courses. 4. Section 32 16 13 - Concrete Curbs and Gutters. 5. Section 32 12 01 - Flexible Paving (Municipal Project). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Item for 4 Inches Thick Concrete Walk has been included in the Bid Form. Measurement shall be on the basis of in -place square foot. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. b. Excavation for concrete sidewalk shall be measured and compensated per Section 3123 00. c. Aggregate base beneath concrete sidewalk shall be measured and compensated per Section 32 1123. 2. A Bid Item has been provided for Concrete Pedestrian Curb Ramp. Measurement shall be on the basis of each ramp actually constructed. a. Measurement of ramp shall not include adjacent concrete curb and gutter or truncated domes. Those shall be measured and compensated separately. b. Payment shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Saw cutting of existing concrete sidewalk or bituminous pathway pavement. 4) Placement of materials. 5) Finishing. 6) Curing and protection. 7) Backfilling. c. Excavation for concrete pedestrian curb ramp shall be measured and compensated per Section 3123 00. d. Aggregate base beneath concrete pedestrian curb ramp shall be measured and compensated per Section 32 1123. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2011 Bonestroo 1000034-10227-0 3213 14-1 3. A Bid Item has been provided for the Truncated Dome Panel, which is part of the concrete pedestrian curb ramp. Measurement shall be on the basis of square feet of Truncated Dome Panel actually constructed. a. Payment shall include the following: 1) Truncated panel materials. 2) Placement of truncated panels. 3) Joint sealing material. 4) Protection of truncated panels during construction. 4. A Bid Item for 6 Inches Thick Concrete Driveway Pavement has been included in the Bid Form. Measurement shall be on the basis of in -place square foot. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Sub grade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement (keyway substitution). 7) Backfilling. b. Excavation for concrete driveway apron shall be measured and compensated per Section 3123 00. c. Aggregate base beneath concrete driveway apron shall be measured and compensated per Section 32 1123. 5. A Bid Item for 8 Inches Thick Concrete Driveway Pavement has been included in the Bid Form. Measurement shall be on the basis of in -place square foot. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Sub grade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement (keyway substitution). 7) Backfilling. b. Excavation for concrete driveway apron shall be measured and compensated per Section 3123 00. c. Aggregate base beneath concrete driveway apron shall be measured and compensated per Section 32 1123. 6. A Bid Item has been provided for Install Driveway Paver. Measurement and payment shall be on the basis of in -place square foot. a. Payment for the Bid Item shall include the following: 1) Materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Protection. 5) Backfilling. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air - Entraining Admixtures for Concrete. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2011 Bonestroo 1000034-10227-0 321314-2 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 MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Construction of the concrete driveway apron shall begin no sooner than 24 hours after placement of the adjacent concrete curb and gutter with completion within 5 days of curb placement. B. Construct concrete valley gutter prior to placement of bituminous non -wear course. 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 I 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. Sidewalk and Driveways. 1) Manual Placement Mix No. 3Y32A. 2) Slip Form Placement Mix No. 3Y22A. 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. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre - approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre- testing of all materials by the manufacturer. D. Sub -Grade Base Material 1. Select Granular Material: Conform to Section 3123 00. 2. Aggregated Base: Conforming to Section 32 1123. E. Truncated Dome Panels: Approved products 1. East Jordan Iron Works — Cast Iron Coated - Yellow. 2. Neenah Foundary Company — Cast Iron Coated - Yellow. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2011 Bonestroo 1000034-10227-0 32 13 14-3 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, driveways, and valley gutters at the locations and elevations indicated on the Drawings. C. Construct walkways to conform to the typical section shown on the Drawings. D. Construct concrete driveway aprons to conform to the Drawings. E. Construct concrete valley gutters to conform to the Drawings. F. Construct concrete curb ramp to conform to the Drawings. G. Verify locations with Engineer in the field prior to construction. H. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. I. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. J. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 32 1123 or Section 3123 13. Compaction of subgrade base shall conform to MnDOT Spec. 2211.3C1. B. The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORMS A. Conform to MnDOT Spec. 2521.36. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3C2, except as modified herein. 1. Maximum spacing of expansion joints for walkways shall be 60 feet. 2. Match joints of adjacent concrete work. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3D, except as modified herein. 1. Install three No. 4 steel reinforcing rods in lower portion of the valley gutter section with minimum 2- inches coverage on all sides. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2011 Bonestroo 1000034-10227-0 3213 14-4 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.3C1 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. 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 6- 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. Refer to the Drawings for actual ramp size, shape, and slopes. 4. Multiple Truncated Dome panels shall be of equal size. 5. Joint space between truncated dome panels shall be no greater than 1/4 -inch in width. 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. 2521.30a blanket curing method, except as modified below: a. If temperatures are projected to fall below 32 degrees within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 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 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20 percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2011 Bonestroo 1000034-10227-0 3213 14-5 3.09 BACKFILLING A. Conform to MnDOT Spec.2521.3E, except as modified herein 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. END OF SECTION CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2011 Bonestroo 1000034-10227-0 321314-6 SECTION 32 16 13 PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place concrete curbs, and concrete curb and gutter. B. Related Sections 1. Section 32 1123 - Aggregate Base Courses. 2. Section 32 12 01 - Flexible Paving (Municipal Projects). 3. Section 32 13 14 - Concrete Walks, Medians, and Driveways. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for B618 Concrete Curb and Gutter. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line for each type. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. Measurement shall not include frames /castings that are located along the face of curb. a. This Bid Item will be used for all new curb spanning a continuous 100 feet or more. 2. A Bid Item has been provided for Concrete Curb and Gutter (Special). Work includes installing concrete curb and gutter on streets scheduled for reclamation and mill and overlay. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line for each type. Payment shall include materials, preparation, sawing at removal limits, sawing and removal of bituminous required to allow a form to be used on the front edge, placement, finishing, curing, protection, reinforcement, backfilling, bituminous patching mixture, and restoration (seeding) behind new curb. Measurement shall not include frames /castings that are located along the face of curb. a. This Bid Item will be used for all new curb spanning a continuous 100 feet or less. 3. A Bid Item has been provided for 7 Inch Concrete Valley Gutter. Measurement of 7 Inch Concrete Valley Gutter shall be by the square yard of valley gutter constructed in accordance with the details shown on the Drawing. Payment shall include materials, preparation, placement, reinforcement, finishing, curing, protection, and backfilling. 4. No separate measurement or payment for modifications at curb ramps, transition sections, driveways, catch basins, and radii. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 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. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. CONCRETE CURBS AND GUTTERS © 2011 Bonestroo ( 000034 - 10227 -0 3216 13-1 3. 3101 - Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3702 - Preformed Joint Fillers. 6. 3754 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Install concrete curb and gutter within 1 week after aggregate base has been completed and approved. B. Spot replacement of curb on Reclamation and Mill and Overlay streets should be completed prior to bituminous paving in these areas. Sufficient curing time should be allowed before paving is completed. C. New curb, in spot replacement areas, to be installed within 3 days of removal. D. Coordinate resident notification of restricted driveway access with Engineer. Minimizing inconvenience to residents is a necessity to the success of the Project. E. Concrete curb and gutter construction precedes installation of pavement. _ � 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 I 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 for Concrete Curb and Gutter. a. Manual Placement Mix No. 3A32C. b. Slip Form Placement Mix No. 3A22C. B. Pre - Formed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre - approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre- testing of all materials by the manufacturer. CONCRETE CURBS AND GUTTERS © 2011 Bonestroo 1000034-10227-0 3216 13-2 LAM1143AAEfiff T 3.01 GENERAL A. Two Bid Items are provided for Concrete Curb and Gutter: 1. B618 Concrete Curb and Gutter: Quantities will be measured under this Bid Item when the length of any individual span of new B618 curb and gutter is equal to or greater than 100 feet in length. This will include all streets scheduled for reconstruction, and any length of curb greater than 100 feet for the installation of utilities. 2. Curb and Gutter — Special: To include all "spot replacement" curb and gutter scheduled on reclamation and mill and overlay streets that do not fall in the constraints given above (1.). B. Provide copies of batch tickets for concrete mix at the time of material delivery to Site. C. Construct concrete curb and gutter at the locations and elevations indicated on the Drawings. D. Construct the style or type of curb and gutter as shown on the Drawings. E. Construct intersection curb radii and transitions sections to conform to the detail on the Drawings. F. Construct transition sections at inlet structures to conform to the detail on the Drawings. G. Construct concrete curb ramp depressions to conform to the detail on the Drawings. H. Construct curb transitions for driveways to conform to the detail on the Drawings. Locations to be verified by Engineer at the time of construction. I. 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. J. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. K. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base. 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 32 1123. 3.03 FORMS A. Conform to MnDOT Spec. 2531.3B. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 25313C, except as modified herein. 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. CONCRETE CURBS AND GUTTERS © 2011 Bonestroo ( 000034 - 10227 -0 32 16 13-3 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3D, except as modified herein. 1. Where required, install two No. 4 steel reinforcing rods in lower portion of the curb section with a minimum of 2 -inch coverage on all sides a. Placement at catch basins conform to the details on the Drawings. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2531.3E and 2531.3F, except as modified herein. 1. The top surface of the curb and gutter shall have a brush finish at right angles to the curb line. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G2 (Membrane Curing Method), except as modified herein. 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane - curing compound must be applied in 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing when temperatures fall below 40 degrees during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3G1 blanket curing method, except as modified below: a. If temperatures are projected to fall below 32 degrees within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any curb section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 BACKFILLING A. Conform to MnDOT Spec. 2531.33, except as modified herein. 1. Initial Backfilling a. Follow the 72 -hours curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Final Grading a. Following completion of private utility work by others. 3. Curb damaged during backfilling is the responsibility of the Contractor. 3.09 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 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20 percent above the Contract cubic yard price for CONCRETE CURBS AND GUTTERS © 2011 Bonestroo 1000034-10227-0 321613-4 standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. 3.10 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531.3K, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 -foot straight edge, will be considered unacceptable. 2. Acceptance of Work by price reduction will not be allowed. CONCRETE CURBS AND GUTTERS © 2011 Bonestroo 1000034-10227-0 32 16 13-5 • PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Pavement markings for control and guidance of traffic. B. Related Sections 1. Section 32 12 01 - Flexible Paving (Municipal Projects). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Lines a. Lines shall be measured by the lineal foot on the basis of length actually applied. 1) Separate measurement made on the basis of color and nominal width. 2) Separate measurement will be made for paint markings. b. The second application shall be measured the same as the first application; for example: 1,000 LF of application painted twice would be paid as 2,000 LF. 2. Messages a. Messages shall be measured on the basis of each applied. 1) Separate measurement will be made for each type of message. 2) Separate measurement will be made for paint messages. 3. Bid Items for pavement markings of each type are provided. Payment of each Bid Item shall be compensation in full for all costs incidental thereto, including but not limited to surface preparation, traffic control measures, maintaining the Work, removal of temporary pavement markers, together with any other expenses incurred in completing the Work that are not specifically included for payment under the Contract Bid Items. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2582 - Permanent Pavement Markings. 2. 3591 - High Solids Water Based Traffic Paint. 3. 3592 - Drop -On Glass Beads. 4. The Application Specification for Conventional Pavement Marking Materials. 5. 3- Minute Dry Alkyd and High Solids Latex. 1.04 SUBMITTALS A. 1 copy of the chosen paint lot or batch formulation. B. Pavement Marking Contractor Qualifications /Certifications. C. MnDOT Certification approvals. PAVEMENT MARKINGS © 2011 Bonestroo 1000034-10227-0 32 1723-1 1.05 SEQUENCING AND SCHEDULING A. Conform to the requirements of MnDOT Specifications. PART 2 PRODUCTS 2.01 MATERIALS A. Paint 1. High Solids Water Based a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Colour Index Pigment Yellow No. 65 or No. 75. d. White Color - Flat white. e. Yellow Color - Color No. 33538 of Federal Standard 595. 2. 3- Minute Dry Alkyd a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Color Index Pigment Yellow No. 65 or No. 75. d. White Color - Flat white. e. Yellow Color - Color No. 33538 of Federal Standard 595. B. Glass Beads 1. Conform to MnDOT Spec. 3592 for "Drop -On Glass Beads ". 00=01111 a al ALI 1111 A. General 1. Vehicles used shall be deployed and equipped with traffic control devices set forth in the "Minnesota Manual on Uniform Traffic Control Devices, Field Manual ". 2. Shadow vehicle with truck - mounted attenuator shall be used on streets with posted speed equal to or greater than 40 mph or ADT greater than 1,500 vehicles per day. 3. Equipment used for spray applications shall be capable of applying glass beads by a pressurized system at a rate of at least 25 Ibs /gal. 4. Capable of accumulating footage applied per gun. 5. Stainless steel components in the delivery system required for water -based materials. PART 3 PART 3 EXECUTION 3.01 GENERAL A. The pavement marking crew shall include at least 1 technical expert knowledgeable in each of the following areas: 1. Equipment operation. 2. Application techniques. 3. Traffic control. 4. Safety regulations. B. The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected pavement surfaces, unless adequate provisions are made to prevent spillage of material. PAVEMENT MARKINGS © 2011 Bonestroo 1000034-10227-0 32 1723-2 3.02 SCHEDULE A. Paint Pavement Markings 1. Place following completion of bituminous non -wear and wear course: a. No sooner than 24 hours after placement of bituminous. b. Within 5 working days of completion of bituminous placement. 3.03 PREPARATION A. Locations 1. In general accordance with the Drawings. a. Location of marking designating no passing zones to be coordinated with corresponding traffic signs. 2. The Engineer will place necessary "Spotting" at appropriate points. a. Horizontal control. b. Starting and stopping points. c. Broken line intervals will not be marked. d. Longitudinal joints, pavement edges, and existing markings shall serve as horizontal control when so directed. e. Contractor shall notify Engineer at least 48 hours in advance when requesting spotting locations. 3. Edge lines and lane lines are to be broken only at intersections with public roads and at private entrances if they are controlled by a yield sign, stop sign, or traffic signal. 4. The break point is to be at the start of the radius for the intersection or at marked stop lines or crosswalks. B. Street Surface 1. Engineer may direct cleaning of surface as necessary immediately prior to marking application a. Brushing with non - metallic rotary broom. b. Other cleaning method approved by Engineer. c. Air blast following cleaning. 2. Surface must be dry. 3. Minimum surface temperature is 50 degrees F. 3.04 APPLICATION A. General 1. Tolerance a. Width: A tolerance of 1/4 inch under or 1/4 inch over the specified width will be allowed for striping provided the variation is gradual and does not detract from the general appearance. b. Length: Broken line segments may vary up to 2 -3/4 inches from the specified lengths provided the over and under variations are reasonably compensatory. c. Alignment: Deviations from the control guide shall not exceed 2 inches. d. Establishment of application tolerances shall not relieve the Contractor of his responsibility to comply as closely as practicable with the planned dimensions. 2. Material shall not be applied over longitudinal joints. 3. 4 -inch broken line consists of 10 feet of paint and 40 feet space (1 cycle). 4. If same equipment used for different color material with change in color, an amount of material equal to fifteen 10 -foot long stripes shall be wasted prior to beginning application with the new color. 5. Conditions PAVEMENT MARKINGS © 2011 Bonestroo 1000034-10227-0 321723-3 a. Markings shall not be applied when wind or other conditions cause a film of dust to be deposited on the pavement surface after cleaning and before the marking material can be applied. b. Except when used as a temporary marking, pavement markings shall only be applied in seasonable weather when air temperature is 50 degrees F or higher. B. Paint 1. Minimum thickness 15 mil. 2. In accordance with the appropriate MnDOT Spec. 3. Painted lines on the bituminous base course shall be applied once. 4. Painted lines on the bituminous wearing course shall be applied twice. C. Glass Beads 1. Shall be applied immediately after application of paint markings. 2. Rate of application shall be 8 lbs. per gallon. 3.05 CORRECTION OF DEFECTS A. All pavement markings not conforming to the requirements of the Specifications shall be removed and replaced, or otherwise repaired to the satisfaction of the Engineer. B. Where yield computations show a deficiency in material usage of not more than 20 percent, Owner may require satisfactory repair or may accept the Work at a reduced Bid Unit Price that is in direct proportion to the percent of the deficiency. C. Where yield computations show a deficiency in material usage in excess of 20 percent, Owner will require removal and replacement to the satisfaction of the Engineer, unless other means are approved by the Engineer. D. If removal and replacement is required, at least 90 percent of the deficient line shall be removed. E. Width of removal shall be 1 inch wider on all sides than the nominal width of the marking to be removed. F. Removal of unacceptable Work shall be accomplished with suitable blasting or grinding equipment, unless other means are authorized by the Engineer. Bituminous street surfacing shall not be damaged by the removal operation. PAVEMENT MARKINGS © 2011 Bonestroo 1000034-10227-0 321723-4 • Hip r PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, sod, soil amendments, mulch, and erosion control. B. Related Sections 1. Section 0157 13 - Temporary Erosion and Sediment Control. 2. Section 3123 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Sodding, Lawn Type. Measurement will be based upon units of square yards of sod installed complete in place as specified, including installing topsoil, soil amendments, furnishing and installing sod, preparation of surface maintenance, and all incidental items associated with the Work. 2. A Bid Item has been provided for Seeding. Measurement will be based upon units of acres for each seed mix installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer; seed, and all correlated activity. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 0133 00. B. Provide source and invoice for seed to be used for this Project. C. 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. D. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. TURF AND GRASSES © 2011 Bonestroo 1000034-10227-0 329200-1 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 sod is 60 days. 2. 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. • : �7 i•I�Zy�� 2.01 TOPSOIL A. Select Topsoil Borrow Special: Conform to MnDOT Spec. 3877.26, except as modified herein. 1. Material shall be screened and pulverized. 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 of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10 -10 -10 (NKP). 2.03 SOD: Conform to MnDOT Spec. 3878.2A. 2.04 SEED: Conform to MnDOT Spec. 3876. A. Lawns: MnDOT Mixture 270. B. General Roadside: Conform to MnDOT Mixture 250. C. Temporary Spring Cover: MnDOT Mixture 110. D. Temporary Fall Cover: MnDOT Mixture 100. E. Temporary Mix: MnDOT Mixture 130. 2.05 MULCH: A. Conform to Section 0157 13. 2.06 HYDRAULIC SOIL STABILIZER (HYDROMULCH): A. Conform to Section 0157 13. 2.07 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. TURF AND GRASSES © 2011 Bonestroo 1000034-10227-0 329200-2 2.08 EROSION STABILIZATION MAT: A. Conform to MnDOT Spec. 3888. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed or sod. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. 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 sod from drying out and seed from contamination. B. Storage 1. Sprinkle sod with water and cover with moist burlap, straw, or other approved covering, and protect from exposure to wind and direct sunlight. Covering should permit air circulation to alleviate heat development. 2. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 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 (9.2 lbs. /1,000 sq. ft.). 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs. /1,000 sq. ft.). 3.04 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. K11i 1 _ OWI MOO7b A. Conform to MnDOT Spec. 2575.3I. TURF AND GRASSES © 2011 Bonestroo 1000034-10227-0 329200-3 3.06 MULCH: Conform to Section 0157 13. 3.07 EROSION CONTROL BLANKET A. Erosion control blanket shall be installed immediately following seeding in accordance with MnDOT Spec. 2575.33, and as modified below. B. Raking or harrowing of soil /seed shall be done before installation of erosion control blanket. C. Blanket shall be installed parallel to the direction of flow in all cases. D. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re- seeded, and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a 1 -time proper installation is acceptable. 3.08 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to Section 0157 13. 3.09 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. Any sod that does not show definite growth and establishment 30 days after installation shall be replaced and established at the proper season by the Contractor at his /her expense. C. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual — Maintenance Requirements for year 1. D. Watering of sod areas shall be done for a minimum period of 60 days from installation sufficient to ensure establishment of permanent vegetation. 3.10 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 of the establishment period(s), a final inspection of planting(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. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. END OF SECTION TURF AND GRASSES © 2011 Bonestroo 1 000034 - 10227 -0 329200-4 • r � TRENCHING AND BACKFILLING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. B. Related Sections 1. Section 31 10 00 - Site Clearing. 2. Section 33 10 00 - Water Utilities. 3. Section 33 3100 - Sanitary Utility Sewer Piping. 4. Section 33 40 00 - Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Trench Excavation: Excavation and backfilling of trench shall be included in the price of pipe provided. 2. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. 3. Improved Pipe Foundation: At the Bid Unit Price per lineal foot for each 6 -inch layer placed below pipe bedding, not including the first 6 inches. a. For example, say 2 feet of foundation material is required under a pipe installed with C -2 bedding. Because 6 inches of material is required for Class C -2 pipe bedding (and therefore incidental), payment will be made for 3 lineal feet of pipe foundation material, 6 inches deep per foot of pipe installed. b. No payment will be made without the knowledge or consent of the Engineer. c. No payment will be made for subgrade rock installed for de- watering purposes only, unless specified. d. No payment will be made for disposing of excavated material off Site that has been created by placement of improved pipe foundation. 4. Temporary Bracing and Sheeting: Considered part of the excavation costs with no additional compensation to Contractor, unless provided for otherwise. 5. Density Tests a. Passing Tests: All costs paid by Owner. b. Failing Tests: All costs charged to and paid by the Contractor. 6. Dewatering: No explicit, direct payment is made for this work. Costs for this work are to be included in the Bid Unit Price for the pipe or structure installed. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2451 - Structure Excavations and Backfills. TRENCHING AND BACKFILLING © 2011 Bonestroo ( 000034 - 10227 -0 330505-1 3. 3149 - Granular Material. B. American Society of Testing Materials (ASTM) 1. C1479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard Installations. 2. D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft- Ibf /ft). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 0133 00: 1. Product Data for each Borrow Material: a. Name and location of source. b. Results of gradation tests. A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Site. Required when foundation is soft or unstable. D. Filter Aggregate: Free draining mineral product used around drain tile pipe. E. Rock Excavation: Includes such rocks that are not decomposed, weathered, or shattered, and which will require blasting, barring, wedging, or use of air tools for removal. Also included are any boulders, concrete, or masonry structure (except concrete pavement, curb and gutter, and sidewalk) exceeding 1 cubic yard. F. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. G. Sand Cushion: Aggregate bedding material used around pipe in areas where rock excavation is encountered, where pipe insulation is used, and when crossing existing utilities. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. TRENCHING AND BACKFILLING © 2011 Bonestroo 1000034-10227-0 330505-2 D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1/2 inch as measured from the beginning to the end of the settlement, as determined by the Engineer, will be repaired in a manner acceptable to the Owner at the Contractor's expense. PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC) Pipe and High Density Polyethylene (HDPE) Pipe 1. Comply with MnDOT Spec. 3149.2B1 for granular borrow. a. No on the Site granular material encountered during construction may be used without the permission of the Engineer. b. 1 inch maximum aggregate size. B. Ductile Iron Pipe (DIP) and Reinforced Concrete Pipe (RCP). 1. Class C -1 Bedding. a. Undisturbed soil. 2.02 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec. 3149.2H Modified. 1. Crushing Requirements: At least 50 percent of the material by weight retained on the No. 4 sieve shall have 1 or more crushed faces. 2.03 FILTER AGGREGATE MATERIAL A. Comply with MnDOT Spec. 3149.23. 2.04 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149.2B1 for Granular Borrow. 1. No on Site granular material encountered during construction may be used without the permission of the Engineer. 2. 1 inch maximum aggregate size. 2.05 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. PART 3 EXECUTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surface features, and document condition. TRENCHING AND BACKFILLING © 2011 Bonestroo 1000034-10227-0 330505-3 B. Re- inspect foundation soils if rain fall or snow has occurred after initial inspection but prior to placing pipe and bedding. 3.02 PREPARATION A. Notify Utility Owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, structures, pavement, etc., that are not designated on the Drawings to be removed. C. Notify utility companies of progress schedule so they can accomplish any necessary relocations and removals that they have agreed to relocate, remove, or support. D. Implement traffic control. E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Strip off existing topsoil from within the trench excavation limits and stockpile. Separate vegetative strippings from salvageable topsoil and dispose of appropriately. G. Crossing Under Existing Utility Lines 1. Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 2. Where possible and as authorized by the utility, temporarily remove the utility line, install the new pipe, and reinstall the utility line. 3. Where existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100- Percent Standard Proctor Density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Conform to ASTM C2321, or modified herein. B. Trench Excavation. 1. Excavate trench to alignment and grade shown on the Drawings. 2. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100- Percent Standard Proctor Density. 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, etc. 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under " Backfill Above Pipe Zone ". 7. Dispose of excess excavated materials off of right -of -ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. TRENCHING AND BACKFILLING © 2011 Bonestroo 1000034-10227-0 330505-4 C. Water Control 1. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1 foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. D. Trench Bottom 1. Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where in the opinion of the Engineer unsatisfactory foundation conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 2. Provide temporary support, remove, relocate, or reconstruct existing utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture, or failure. 3. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material. a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. c. For PVC and HDPE Pipe, the sand cushion shall be placed to 1 foot above the pipe and shall be paid as pipe bedding. The remainder of the trench up to the top of the rock shall be backfilled with granular backfill material. 5. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 3.04 PIPE BEDDING A. Polyvinyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM D2321. B. Reinforced Concrete Pipe: Bed pipe in accordance with Class C -1 Bedding. C. Ductile Iron Pipe: Bed pipe in accordance with AWWA Standard C150 and C151. D. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 -inch clearance from pipe. E. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. TRENCHING AND BACKFILLING © 2011 Bonestroo 1 000034 - 10227 -0 330505-5 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. C. Hand (shovel) tamp along pipe within haunch zone. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3F1 "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet. If the moisture content of the Backfill materials is greater than 3 percent above the optimum moisture, compact the materials to a minimum density of 3 pounds /cubic foot less than the Standard Proctor Curve at that moisture content, except that minimum compaction shall be 85 Percent of Standard Proctor Density. D. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. The Contractor is required to farm or use alternative method to dry the material in order to attain a sufficient water content when compacting wet material. No consideration for alternate options shall be made without an attempt made first to farm or dry out material. F. Any deficiency in quantity of Backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. G. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. 3.07 RESTRICTED TRENCH WIDTH A. Restrict width of trench to conform to construction limits indicated on the Drawings and where directed by the Engineer to prevent damage to specimen trees or adjacent structures. 3.08 QUALITY CONTROL A. Density Tests: To be performed by an approved soils testing firm at various locations and depths throughout the Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and re- compacted until the density requirements are met. END OF SECTION TRENCHING AND BACKFILLING © 2011 Bonestroo 1000034-10227-0 330505-6 r • PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Adjustment of utility structures. B. Related Sections 1. Section 33 10 00 — Water Main Utilities. 2. Section 33 3100 — Sanitary Utility Sewer Piping. 3. Section 33 40 00 — Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. 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. No additional payment will be made for interim adjustments. Costs for additional adjustments should be included in the Bid Item for providing and installing the casting. 2. Adjusting Manhole Frame and Ring Casting: Adjustment of the manhole frame and ring castings in this Contract are considered incidental to the installation of the new manhole. 3. Adjust Catch Basin Frame and Ring Casting: Adjustment of the catch basin frame and ring castings in this Contract are considered incidental to the installation of the new catch basin. 4. Adjusting Frame and Ring Casting - Existing: Any adjustment of existing manhole frame and ring castings in this Contract will be per each frame and ring casting adjusted. 5. Adjust Valve Box - Existing: A Bid Item has been provided for Adjust Valve Box. Measurement will be by each valve box adjusted. 6. Adjust Valve Box: Adjustment of the valve box on new valves installed under this Contract is incidental to the Bid Unit Price for furnishing and installing the valve. 7. Adjust Curb Box: Adjustment of curb box on new curb stops installed under this Contract is incidental to the Bid Unit Price for furnishing and installing the curb stop. 8. External Seal System: A Bid Item has been provided for External Seal System. Measurement will be by Each. 9. Install Casting: A Bid Item has been provided for Install Casting. Measurement will be per Each casting installed as shown on the Drawings and adjusted in accordance with the Specifications. 10. Casting Assembly: A Bid Item has been provided for Casting Assembly. Measurement will be per Each. 11. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A48 — Specification for Gray Iron Casting. 2. A240 — Specification for Heat — Resisting Chromium — Nickel Stainless Steel Plate Sheet and Strip for Pressure Vessels. 3. C6 — Specification for Normal Finishing Hydrating Lime (Mortar). 4. C141 — Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 5. C150 — Specification for Portland Cement (Concrete Rings /Mortar). ADJUST MISCELLANEOUS STRUCTURES © 2011 Bonestroo 1000034-10227-0 3305 17-1 6. C923 — Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. 7. F593 — Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. 8. F594 — Specification for Stainless Steel Nuts. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2506 — Manholes and Catch Basins. 2. 3733 — Geotextiles. 1.04 DEFINITIONS A. Adjust Frame and Ring Casting: A change in rim elevation accomplished for manholes or catch basins through the addition or removal of adjustment rings only. Adjustment does not include the addition or removal of sections from the 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. C. Remove and Replace Adjustment Rings: The process of removing the existing concrete adjustment rings from an existing structure and placing new rings on manholes and catch basins. 1.05 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. PART 2 PRODUCTS 2.01 ADJUSTING RING A. Concrete 1. Size to match cone or opening in top slab. 2. Concrete Compressive Strength: Minimum 3,000 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 C150, 2. Normal Finishing Hydrated Lime: ASTM C6. 3. Hydraulic Hydrated Lime for Structural Purposes: ASTM C141. 4. Mix Proportions: 1 -part cement to 3 -parts mortar sand; lime may be added to mixture: maximum amount 15 percent by volume. ADJUST MISCELLANEOUS STRUCTURES © 2011 Bonestroo ( 000034 - 10227 -0 3305 17-2 2.03 EXTERNAL SEALS A. External Seals Approved Manufacturer: Infra - Shield, or approved equal 1. Multiple section seal system. 2. Top section made of neoprene rubber. 3. All other sections made of EPDM rubber; 60 mil minimum thickness, 8 inches minimum height for extension sections. 4. Mastic: ASCO ST -30, BIDCO C56, or approved equal. 2.04 HYDRANT EXTENSIONS A. Sections: Match existing hydrant manufacturer and model. 2.05 CASTINGS A. Manhole, Catch Basin Frames, and Covers 1. Requirement: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Finish Preparation: Sandblast. 4. Machine cover and frame contact surface for non - rocking protection. 5. Type and Style: a. NEENAH R1642, Type °B" Lid, or approved equal, for sanitary and storm sewer manholes. b. NEENAH R3067, Type "V" Grate, or approved equal, for storm sewer catch basin manholes and catch basins. c. NEENAH R3065, Type "V" Grate, or approved equal, for storm sewer catch basin manholes and catch basins. d. Covers without grate openings stamped with °SANITARY SEWER" or "STORM SEWER" as appropriate. Use 2 inch letters. 2.06 VALVE BOX A. Risers 1. Valve Box riser to fit the Tyler No. 6850, 6855, 6860, or 6865 top section and drop lid, or approved equal. 2. Tyler No. 69 gate valve extension screw adjustable, or approved equal. 3. Conform to the requirements of Section 33 10 00. PART 3 EXECUTION 3.01 GENERAL A. The necessary vertical alignment will be determined by the Engineer and generally as indicated on the schedule of adjustments. B. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. C. The frame shall be raised or lowered to match the street or gutter. D. Protect existing structures from damage. E. Prevent sand, concrete, or any other debris from entering the structures. ADJUST MISCELLANEOUS STRUCTURES © 2011 Bonestroo 1000034-10227-0 3305 17-3 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 3.03 ADJUST FRAME AND RING CASTING A. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. B. Concrete Adjusting Ring 1. Mortar 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. Do not plaster the inside surface of rings. 5. Wipe clean all excess mortar from the joints inside all rings and frame. 6. Remove all mortar spills from the structure. 7. Minimum of 2, maximum of 5 adjusting rings allowed. 8. Use a 6 -inch ring where applicable. 3.04 INSTALLATION OF EXTERNAL SEAL SYSTEM A. Infra - Shield Type (External Seal) 1. Remove all dirt, debris, dust, and other deleterious material from surfaces of structure, rings, and casting prior to installation of seal system. 2. System to be installed per manufacturer's recommendation. 3. Secure bottom section to top slab or cone, top section to casting flange with mastic. 4. Minimum of 2- inches overlap required between top and bottom sections of seal system a. If minimum overlap is not achieved, extension section(s) must be inserted between the top and bottom sections until 2- inches overlap at all seams between all sections of the seal system is achieved. 5. Secure all seams between sections with mastic. a. Mastic to be installed continuously around entire perimeter of section with no gaps. 3.05 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. 1. Short sections inserted inside the existing top section are not allowed to perform adjustment, unless specified. C. Install approved sections as needed. D. Patch road to match existing pavement section. Sawcut pavement edges prior to patching (Incidental). 3.06 REMOVE EXISTING AND PLACE NEW MANHOLE AND CATCH BASIN FRAME A. Remove and dispose of frame and casting as indicated on the Drawings. ADJUST MISCELLANEOUS STRUCTURES © 2011 Bonestroo 1000034-10227-0 3305 17-4 B. Place new adjustment rings conforming to Section 3.03 — Adjust Frame and Ring Casting. C. Install new frame and casting. D. Patch road to match existing pavement section. Sawcut pavement edges prior to patching (Incidental). E. Dispose of removed material off Site. 3.07 HYDRANT EXTENSIONS A. Remove upper section. B. Install extension kit as per manufacturer's requirements. C. Replace upper and lower rod assemblies with heavy -duty for extensions in excess of 18 inches. D. Replace the upper section. 3.08 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 3/8 inch below the rim of the adjustment structure will require removal and replacement of the bituminous surfacing at the Contractor's expense. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Adjust Manholes and Catch Basin Frames 1/8 inch to 3/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around manhole and catch basin frames is required. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. In such cases the crown or gutter shall be either lowered or raised, as the case may be, to put the street and frame at the same grade. D. 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. E. 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. F. Regardless of the direction of adjustment, no shims of any material will be allowed. The minimum thickness of all mortar joints shall be at least 1/4 inch with a maximum allowable thickness of 1/2 inch. All excess mortar from the joint shall be wiped clean from the inside of all rings and frame. All manhole castings must be replaced prior to the placing of the final wear course. G. Adjust valve boxes to 1/8 inch to 3/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around the valve box is required. All valve boxes are the sectional screw - threaded adjustable type. • s; ADJUST MISCELLANEOUS STRUCTURES © 2011 Bonestroo 1000034-10227-0 3305 17-5 SECTION 33 08 30 :7AA FW e74 A F 71 1.01 SUMMARY A. Section Includes 1. Testing of sanitary sewer pipe, manholes, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 33 3100 - Sanitary Utility Sewer Piping. 2. Section 33 31 14 - Sanitary Sewer Services. 1.02 PRICE AND PAYMENT A. Measurement and Payment 1. Televising Sanitary Sewer: All costs related to assisting the Owner and Engineer in televising, including cleaning lines, providing access to structures, providing water for determining sags, etc., is considered incidental to the installation of the sanitary sewer. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. F1417 - Standard Test Method for Installation Acceptance of Plastic Gravity Sewer Lines using Low - Pressure Air. 1.04 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. Proposed field testing methods. 2. Results of field testing 3. 2 copies on DVD format of sewer televising and 2 copies of the written report on conditions. DVD and written reports shall be submitted to both Engineer and Owner. PART 2 PRODUCTS Not Used. 1 It � 1 _ �l� ii~ ��I►7 3.01 EXAMINATION A. Commence test procedures only when pipe and structures are clean and free of dirt, water, or other foreign matter, and for buried pipe, trench has been backfilled. 3.02 FIELD QUALITY CONTROL A. Engineer will observe all tests and visually inspect the Work for compliance. COMMISSIONING OF SANITARY SEWER UTILITIES © 2011 Bonestroo 1000034-10227-0 33 08 30 - 1 B. Contractor shall provide all material, equipment, and labor required to test the sanitary sewer systems. 3.03 SANITARY SEWER CLOSED CIRCUIT TELEVISION INSPECTION A. General 1. Televising shall be performed on all newly constructed gravity sanitary sewer lines after successful leak testing has been completed and accepted. 2. The sewer contractor shall assist with providing access to all sanitary sewer lines after successful leak and deflection testing has been completed and accepted. 3. Format — The video will be submitted in a DVD format with both audio and video. 4. Camera — The camera will be a self propelled unit providing color video with the ability to tilt up and down and pan left to right. The camera lens shall be capable of turning and looking up each Wye or service tap to a minimum distance of the first fitting of the service pipe. The camera is to provide color video and still photographs of any defect. 5. Rate — The televising shall be conducted at a rate not to exceed 30 feet per minute. B. Line Requirements 1. All lines shall be jetted and vacuumed so that all debris has been removed prior to televising. 2. A small quantity of water is to be introduced into the line prior to televising. Amount shall be determined by the Engineer and coordinated with the Owner's Water and Sewer Department. The amount of water shall be sufficient enough to distinguish any sags or alignment problems with the pipe. 3. Each run will consist of a starting and ending MH - #, line size, and a zero reading on the counter at center of the starting manhole. 4. Each service Wye shall be examined using the pan and tilt feature. 5. The video camera operator shall type into the video the station (distance), Wye location on either the left or right side of the pipe and any problems they notice while televising the sewer lines. C. Manhole Requirements 1. Examine starting and ending doghouses for quality of mortar work. 2. Examine all joints to confirm watertight quality of gaskets and seals. 3. While at the bottom of the manhole, the camera will examine for infiltration as high as it can see around the entire manhole circumference. 4. Examine vertical outside drops. D. Report Requirements 1. A technician shall observe the monitor at all times during the televising and record the data. 2. Note locations, length and depth of any sags in the pipe (indicate any depths greater than 1/2 inch). 3. Note locations, length and depth of any areas of dirt or debris in the pipe (indicate any depths greater than 1/2 inch). 4. Record distance from center of manhole to center of manhole. 5. Note each change in pipe material, including station. 6. Note each Wye or service tap location with station and orientation (Example: Wye right, 3 o'clock). 7. The complete report and DVD shall be submitted to the Owner /Engineer within 14 days after the completion of the televised segments. 8. Include color photos /images of defects in the written report. E. Review 1. All television reports and DVDs will be reviewed after the submittal is received. COMMISSIONING OF SANITARY SEWER UTILITIES © 2011 Bonestroo 1000034-10227-0 330830-2 2. Comments and corrections will be noted and submitted to the Contractor for immediate correction. F. Defects 1. Any defect, faulty joints, cracked pipe, or other deficiency noted by the television inspection shall be immediately corrected by the Contractor. A plan for repair shall be presented to and approved by the Owner prior to the repair occurring. 2. Repairs shall be approved by Engineer prior to re- televising. 3. The repaired segment shall then be re- televised from manhole to manhole in accordance with section 3.04.F, and submit a report within 7 days. No additional compensation shall be awarded for re- televising any repairs or defects in the lines. 4. COMMISSIONING OF SANITARY SEWER UTILITIES © 2011 Bonestroo 1000034-10227-0 330830-3 � � t PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Water main pipe, hydrants, valves, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 33 05 17 - Adjust Miscellaneous Structures. 2. Section 3123 00 - Excavation and Fill. 3. Section 33 05 05 - Trenching and Backfilling. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Water Main. Measurement and payment will be based upon the units listed below: a. Water Main Pipe: Measurement will be based upon units of lineal feet for each size and type of pipe installed, as measured along the axis of pipe, without regard to intervening valves or fittings. Water main over depth shall not be measured. Payment at the Bid Unit Price shall include furnishing, poly encasement, and installing pipe complete in place as specified. b. Gate Valve and Box: Measurement will be based on Gate Valve and Box installed. Payment at the Bid Unit Price shall include furnishing and installing the Gate Valve and Box complete in place as specified. c. Install Hydrant and Valve: Measurement will be based on units of each Hydrant and 6 inch Gate Valve and Box installed. Payment at the Bid Unit Price shall include furnishing and installing the Hydrant and Gate Valve and Box complete in place as specified. d. DIP Fittings: Measurement shall be based on the fitting accessory weight installed. The fitting accessory weight shall be construed to mean equivalent cast iron weight. Payment at the Bid Unit Price shall include DIP Fitting, poly encasement, coatings, and hardware. e. Joint Restraint: No Bid Item has been provided. Joint restraint shall be considered incidental to water main installation with no direct payment made. f. Connect to Existing Water Main: Measurement shall be based on each connection made, including but not limited to: cutting of existing pipe, fittings, sleeves, etc. Payment at the Bid Unit Price shall include all items required to complete the Work. g. Water Main Offset and Overdepth: Shall be considered incidental to water main installation with no direct payment made. h. Temporary Water Service: No measurement shall be made. Payment shall be by lump sum. Payment shall include the water main pipe, fittings, service lines, staging, ramping, removal, and any other work involved with providing Temporary Water Service. i. Insulation, 2 Inch Thick: Measurement will be based on square yards of Insulation at the specified thickness. Payment shall be made at the Bid Unit Price and will include furnishing and installation of the Insulation. j. Adjust Hydrant: Measurement will be per each hydrant adjusted by use of a hydrant barrel extension. Only hydrants installed new as part of this Contract will be adjusted as needed. Existing hydrants will not be adjusted under this Bid Item. WATER UTILITIES © 2011 Bonestroo 1000034-10227-0 33 1000-1 2. No Bid Items have been provided for steel rodding. Steel rodding shall be considered incidental to water main installation with no direct payment made. 3. No Bid Items have been provided for testing. Testing shall be considered incidental to water main installation with no direct payment made. 4. Tracer Wire: Shall be considered incidental to the Project. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. A. American Water Works Association (AWWA) 1. C104 - American National Standard for Cement Mortar Lining for Ductile -Iron Pipe and Fittings for Water. 2. C105 - American National Standard for Polyethylene Encasement for Ductile -Iron Pipe Systems. 3. Clll - American National Standard for Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 4. C116 - American National Standard for Protective Fusion - Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings for Water Supply Service. 5. C151 - American National Standard for Ductile -Iron Pipe, Centrifugally Cast, for Water. 6. C153 - American National Standard for Ductile -Iron Compact Fittings for Water Service. 7. C515 - AWWA Standard for Reduced -Wall, Resilient- Seated Gate Valves for Water Supply Service. 8. C550 - American National Standard for Protective Interior Coatings for Valves and Hydrants. 9. C600 - AWWA Standard for Installation of Ductile -Iron Water Main and Their Appurtenances. 10. C651 - AWWA Standard for Disinfecting Water Mains. B. American Society of Testing and Materials (ASTM) 1. A307 - Carbon Steel Bolts and Studs, 60,000 -PSI Tensile Strength. 2. A536 - Standard Specification for Ductile Iron Castings. 3. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. 4. C578 - Specification for Rigid, Cellular Polystyrene Thermal Insulation. 5. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. C. National Electrical Manufacturers Association (NEMA) 1. WC 70 - Non - Shielded Power Cables Rated 2,000 Volt or Less for the Distribution of Electrical Energy. 1.04 SUBMITi"ALS A. Submit Product Data for the following items consistent with Section 0133 00: 1. Pipe, fittings, valves, and hydrants. 2. Joint restraint and corrosion resistant coatings. 1.05 SEQUENCING AND SCHEDULING A. Notify the Owner a minimum of 48 hours prior to performing Work. At this time, the Contractor is responsible to notify the City Fire Department of the intended shutdown. B. Notify all customers connected to water system to be shut down 48 hours in advance of shut down. WATER UTILITIES © 2011 Bonestroo 1000034-10227-0 33 1000-2 C. The Owner must open and close the existing valves for this part of the operation. The Owner is responsible for flushing the mains after the connection is completed; however, the Contractor shall assist the Owner as necessary. D. Successfully complete required test and inspections before restoration of surface. 2.01 DUCTILE IRON PIPE AND FITTINGS (DIP) A. General Requirement: AWWA C151/A21.51. B. Cement - mortar lining conforming to AWWA C104/A21.4. C. Special Thickness Class 52 for diameters less than 20 inches. D. Fittings: AWWA C153/A21.53, Ductile Iron, 250 -psi working pressure, AWWA Clll /A21.11 latest revision, mechanical joint or push -on: 1. All fittings shall be fusion bonded epoxy coated per ANSI /AWWA C116 /A21. 2.02 BOLT ASSEMBLIES A. Tee -Head Bolts 1. General: Conform to ANSI /AWWA Clll /A21.11. 2. Fluorocarbon Resin Coating: FluoroKote No. 1® (by Metal Coating Corp.); NSS Industries Cor- Blue bolt coating, or approved equal. 3. No other bolts are approved for use with mechanical joint restraints. B. Stainless Steel Bolts 1. General: Conform to requirements of ASTM F593 and ASTM F594, Alloy Group 1, 2, or 3. 2. Approved for use as exterior bolts for hydrants and gate valves. 2.03 HYDRANT A. General Requirements: AWWA Standard C502. B. Specified Hydrant: WB -67 -250, or approved equal. C. Approved Manufacturer: Waterous Pacer, or approved equal. D. Two 2 -1/2 inch hose connections. E. One 4 -1/2 inch steamer. F. National standard operating nut. G. 5 -inch valve opening. H. 6 -inch mechanical joint pipe connection. I. Break -off flange with breakable rod coupling. 3. 8' -0" cover. WATER UTILITIES © 2011 Bonestroo 1000034-10227-0 33 1000-3 K. 16 inch high traffic section. L. Nozzle caps attached to hydrant with metal chains. M. Exterior Bolt Assemblies: Conform to Paragraph 2.02 — Bolt Assemblies. N. Fiberglass Flag: Hydrafinder Hydrant Marker, or approved equal: 1. White fiberglass rod, with 4 red reflective bands without a bulb end. 2. 54 inches long, 3/8 inch diameter. 0. Hydrants placed where the ground water table is less than 8 feet below the ground surface shall have the drain holes plugged and shall be equipped with a tag stating the need for pumping after use. P. Color: Painted Waterous Enamel No. V1814 -R at the place of manufacture. Q. After installation and testing is complete, the "field coat" of paint shall be applied with a brush. 2.04 GATE VALVE AND BOX A. General Requirement: AWWA C515. B. Non - rising stem (NRS), opening by turning counter clockwise, 2 inches square operating nut. C. 0 -ring seals. D. Mechanical joint ends conforming to AWWA C111 /A21.11. E. Exterior Bolt Assemblies: Conform to Paragraph 2.02 — Bolt Assemblies. F. All internal and external surfaces of the valve body and bonnet shall have a fusion bonded epoxy coating complying with ANSI /AWWA C550 and C116/A21.16. G. Spur gear actuator for valves 16 inches and larger. H. Valve Boxes 1. 3- piece, ductile iron, screw -type. 2. Adjustable for 7 -1/2 foot depth of cover. 3. Valve and box considered as integral units. 4. 5 -1/4 inch diameter shafts. 5. "Stay put" type drop covers, "WATER" on top with extended skirts. 6. Wrap gate valves according to Section. 2.05 CONDUCTIVITY STRAP A. As specified by the pipe manufacturer. 2.06 JOINT RESTRAINT A. Mechanical Joint Restraint: Not allowed on existing cast iron pipe. 1. Ductile iron conforming to ASTM A536. 2. Working Pressure: Minimum 250 psi. 3. EBAA Iron, Inc. Megalug, Star Pipe Stargrip, or approved equal. WATER UTILITIES © 2011 Bonestroo 1000034-10227-0 33 1000-4 4. Casting body and wedge assemblies coating a. Fusion bonded epoxy per ANSI /AWWA C116 /A2. B. Tie Rods: 3/4 inch diameter rods stainless steel or fusion bonded epoxy coated. 2.07 PIPE ENCASEMENT A. Material: Polyethylene film conforming to AWWA C105/A21.5 and ASTM A674, tube form. B. Color: Black. C. Film Marking Requirements: Conform to AWWA C105/A21.5 and ASTM A674, including AWWA /ASTM standard, corrosion protection warning and applicable range of nominal pipe diameter size(s) every 2 feet along its length. 2.08 INSULATION A. Polystyrene Insulation: Extruded type conforming to ASTM C578, Type VI, VII, or V. 2.09 CORPORATION STOP A. Conform to the requirements of Section 33 12 12. 2.10 COPPER SERVICE PIPE A. Conform to the requirements of Section 33 12 12. PART 3 EXECUTION 3.01 PREPARATION A. Conform to the requirements of Section 33 05 05. 3.02 INSTALLATION OF PIPE A. Install pipe and fittings in accordance with the manufacturer's instructions and with the details shown on the Drawings. B. Permanently support, remove, relocate, or reconstruct existing utility pipes, cables, structures, or other appurtenances when they obstruct the line, grade, or location of the pipe or appurtenance. C. Remove foreign matter or dirt from the inside of pipe. D. All jointing of mechanical joint pipe and push -on joint pipe in accordance to AWWA C600. E. Outside of the spigot and the inside of the bell, wire brush, wipe clean and dry. Keep pipe ends clean until joints are made. F. Lay and maintain pipe and appurtenances to the alignment, grade, and location shown on the Drawings. No deviation from the Drawing alignment, grade, or location is allowed, unless approved by the Engineer. No pipe shall be laid in water or when the trench conditions are unsuitable for such Work. WATER UTILITIES © 2011 Bonestroo 1000034-10227-0 33 1000-5 G. Provide conductivity throughout the water system by use of conductivity strap. H. Precautions are to be taken to prevent debris or groundwater from entering the pipe being laid. I. Installing Fittings 1. General Requirements: AWWA C600. 2. Set and jointing to existing pipe and fittings as specified for cleaning, laying, and joining pipe. 3. Spray exterior ductile iron nuts, bolts, and joint restraint bolts using a bituminous coal tar as supplied by the manufacturer. J. Wrap all ductile iron pipe and fittings accordingly. K. Backfilling: Conform to Section 33 05 05. 3.03 INSTALLATION OF HYDRANT A. Location determined by Engineer. A grade stake and location stake will be provided by the Engineer before the hydrant may be set. B. Set on 8 -inch concrete block, or approved equal concrete base. C. Brace according to Drawings. D. After each hydrant has been set, place around the base of the hydrant not less than 1 cubic yard of Class A round washed rock with a minimum diameter of 3/4 inch. Carefully place 2 layers of polyethylene, minimum 4 mm thickness each, over the rock to prevent backfill material from entering voids in the drain rock. E. Wrap the hydrant assembly with pipe encasement to the bottom of the break off flange. F. Maintain hydrants in a plumb position during the backfilling operation. G. Attach a fiberglass marker to the hydrant using an existing flange bolt located at the back of the hydrant. 3.04 INSTALLATION OF VALVE A. Set and joint valves to new pipe in the manner as specified for cleaning, laying, and jointing pipe. Location to be determined by the Engineer. B. Valves and boxes shall be supported on an 8 -inch concrete block as shown on the Drawings. C. Maintain valve box centered and plumb over the operating nut of the valve. D. Set top of valve box flush with the existing surface to provide 12 inches of upward adjustment. E. Wrap gate valves with pipe encasement. 3.05 ANCHORAGE A. Brace hydrants securely against undisturbed soil using precast concrete block. Use mechanical joint restraints or rod all joints from main line tee to hydrant gate valve, then from gate valve to hydrant. WATER UTILITIES © 2011 Bonestroo 1000034-10227-0 33 1000-6 B. Restrain all bends and fittings with mechanical joint restraints. 3.06 INSULATION A. Review insulation installation with Engineer. 1. Place insulation between water pipe and sanitary pipe when water main or service is within 1 foot above or below the sanitary pipe. 2. Place insulation between storm sewer pipe and water main or water service when pipes are separated by less than 2 feet. 3.07 TEMPORARY WATER SERVICE A. During water main construction, install and maintain temporary water service to all homes, apartments, and /or businesses as shown on the Drawings. 1. The temporary service will allow efficient removal of the existing water main and services, and installation of the new. 2. The temporary service shall provide adequate pressure and volume to properties. 3. Use a minimum of 3 inches diameter main line and 3/4 -inch service line. (4 inch diameter main lines have been used on similar past projects). 4. Contractor to chlorinate the temporary water service lines. The lines are to be filled with water, let stand for 48 hours, and then the entire system flushed completely. After the temporary water service lines have been flushed, let them sit for 24 hours and perform a bacteria test. When the bacteria test results have passed, the residents may be connected. 5. The Contractor shall perform a pressure test and bacteria test on all temporary water lines prior to making any connections to homes or terminating existing water service. a. Contractor to chlorinate the temporary water service lines. The lines are to be filled with water, let stand for 48 hours, and then the entire system flushed completely. After the temporary water service lines have been flushed, let them sit for 24 hours and perform a bacteria test. When the bacteria test results have passed, the residents may be connected. 6. The Contractor shall install any main line valves that may be required to shut off or isolate an area based on the Contractors schedule of work or temporary water system. All valves installed shall be installed in their permanent location as shown on the Drawings per the new water main location. Any valve not installed in its permanent location shall not be paid for and shall be incidental to the temporary water main. 7. Coordinate all Work with the Owner and the Engineer. If staging of the temporary system is necessary, provide a schedule and description of how this is to be accomplished. Submit a plan for temporary service for approval by the Owner. 8. Coordinate connections and service interruptions with the property owners and Engineer at least 48 hours in advance. 9. Provide ramping and /or shallow trenching at street and driveway crossings. 10. Provide emergency contact numbers for evenings and weekends. 11. Maintain, inspect, and adjust the temporary piping as needed or directed throughout the construction. 3.08 PIPE CONFLICTS A. Shall apply to any crossings under existing cast iron pipe and any pipe conflicts where a minimum clear separation of 1 foot is not possible. B. Cut the water main beyond the proposed sewer trench wall. C. Remove the abandoned water main and install offset as shown on the Drawings or as encountered during construction. WATER UTILITIES © 2011 Bonestroo 1000034-10227-0 33 1000-7 D. All offset piping shall be DIP. E. Mechanical joint restraints shall not be allowed on cast iron pipe. 3.09 PROTECTION A. Existing valves and hydrants shall be operated by the Public Works Department, unless under emergency situations. B. Securely plug all water main openings promptly before suspension of Work at any time to prevent earth or other substances from entering the water main. C. Mark valve boxes and structures susceptible to being hit by construction or vehicular traffic. 3.10 FIELD QUALITY CONTROL A. Scope 1. Perform hydrostatic pressure, disinfection, and conductivity tests. 2. The Engineer will observe and verify all tests and visually inspect final Work for compliance. B. Hydrostatic Pressure Test 1. Minimum Test Pressure: 150 psi. 2. Test Duration: 2 hours. 3. Criteria: No drop in pressure allowed. 4. Testing Gauge: Liquid filled, 4 -1/2 inches diameter, labeled in 1 -psi increments, such as Ashcroft Model 1082, or approved equal. 5. Test all lines, including hydrant leads, water services, and stubs. C. Disinfection 1. General Requirement: AWWA C651 — Disinfecting Water Mains (Tablet Method). 2. Place hypochlorite tablets in each section of pipe and all appurtenances. a. Attach tablets to top of pipe with a food grade adhesive, such as denture grip. b. The estimated number of tablets required per 20 foot length of pipe based on 3 -1/4 grain available chlorine per tablet is as follows: Diameter No. of Tablets 1) 4 Inches 1 2) 6 Inches 2 3) 8 Inches 3 4) 10 Inches 4 5) 12 Inches 5 6) 16 Inches 9 7) 18 Inches 12 8) 20 Inches 14 9) 24 Inches 20 c. Contractor shall use a Project specific number of tablets to disinfect water main for 24 hours with at least 50 ppm available chlorine, with a residual of at least 10 ppm throughout the length of the main at the end of the 24 -hour period. 3. Fill main with water at a velocity of less than 1 foot per second if tablet method is used. 4. Flushing by Contractor may begin after the chlorinated water has been allowed to disinfect the new pipe for 48 hours. Contractor shall schedule flushing with the Owner at least 24 hours in advance. 5. 1 bacteria test is required for every 2,000 feet of water main installed, with a minimum of 2 sample tests per Project. Contractor shall perform the bacteria test. WATER UTILITIES © 2011 Bonestroo 1 000034 - 10227 -0 33 1000-8 D. Conductivity (DIP) 1. Conductivity to be provided throughout the water system by use of copper straps or approved conductive gaskets with copper inserts. 2. Test Current: 350 amps at approximately 30 volts for 4 minutes, then 400 amps for 1 minute without fluctuation. 3. Fill lines with water prior to test. 4. Test all lines, including hydrant leads, water services, and stubs. r s • WATER UTILITIES © 2011 Bonestroo 1000034-10227-0 33 1000-9 WATER SERVICES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Construction of water service pipe, corporation stops, curb stops and boxes, and all appurtenances. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 10 00 - Water Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Water Service Line: Measurement by linear foot of each size and type of pipe measured along the axis of the pipe, from centerline of the water main to termination as shown on the Drawings with no regard to intervening fittings. Payment at the Bid Unit Price per foot shall include cost of all pipe, fittings, laying, excavation, backfilling, and testing. a. Placement and compaction of the aggregate material around the corporation stop and gooseneck is incidental to the service line. b. Supplying and installing wooden markers or fence a post is incidental to the service line. 2. Corporation Stop: By physical count of each type installed. 3. Curb Stop and Box: By physical count of each type installed. 4. Material, placement, compaction, and removal of excess trench material to be included in the Bid Unit Price for Water Service Line. 5. Reconnect Water Service: Measurement shall be based on each service disconnected from the main, including the removal and disposal of the existing service pipe, curb stop and box, and connection of the existing service from the house to the new curb stop. Payment at the Bid Unit Price shall include all items required to complete the Work. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. B88 - Class K Copper Water Service Pipe. 2. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. B. American Water Works Association (AWWA) 1. C105 - American National Standard for Polyethylene Encasement for Ductile Iron Pipe Systems. 1.04 SUBMITTALS A. Submit the Product Data for the following items consistent with Section 0133 00: 1. Pipe and fittings. 2. Corporation stop and curb boxes. WATER SERVICES © 2011 Bonestroo 1000034-10227-0 33 12 12-1 1.05 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, and all pipe deeper than the services prior to the installation of the services. B. Perform testing of new water main prior to reconnecting existing services. C. Notify the Owner a minimum of 72 hours prior to performing Work. Engineer will coordinate with the Contractor and residents the timing of house access to disconnect and reconnect temporary and permanent water service. PART 2 PRODUCTS 2.01 SERVICE PIPE A. Copper Water Tube: 3/4 inch through 2 inches for buried service shall be seamless, Type K water tube conforming to ASTM B88. 1. Fittings shall be designed for working pressures up to 150 psi. Fittings used in service lines shall be designed for connection to the service line by threads, brazing, compression, and /or flaring. B. Ductile Iron Pipe (DIP): Conform to Section 33 10 00. A. Approved Manufacturers: 1. Mueller, Minneapolis Pattern H- 15000. 2. Ford Type F600. 3. Hayes No. 5200. 4. McDonald No. 4701. B. Threaded on outlet for flared connection with copper service pipe. C. Threaded on inlet end with standard tapered corporation cock thread. 2.03 CURB STOP A. Approved Manufacturers: 1. Mueller Oriseal, Minneapolis Pattern H- 15154. 2. McDonald No. 4717. B. Proper connection type for inlet and outlet. C. Full opening through the valve body with no smaller restriction allowed. 2.04 CURB BOX A. Approved Manufacturers: 1. Mueller: Conforming to 2.03.A.1 2. McDonald: Conforming to 2.03.A.2 B. Adjustable in height from 78 inches to 90 inches. WATER SERVICES © 2011 Bonestroo 1000034-10227-0 33 12 12-2 C. No Stationary rods. D. 2 inch upper section. E. Mueller improved extension type with arch pattern base. PART 3 EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances that may apply. B. Preparation: Conform to Section 33 05 05. C. New services shall be connected at the locations shown on the Drawings or if not shown as directed by the Engineer. D. Water Service Line 1. Parallel and upstream of the sewer service line in the same trench where feasible. 2. Terminate water service as shown on Drawings or as directed by the Engineer. E. Corporation Stop 1. Tap into main only when water main is under pressure. 2. Use 2 layers of pipe tread sealant tape on corporations as a thread lubricant and sealant, or product approved by Owner. 3. Support corporation with 1/2 cubic yard 3/4 -inch stabilization rock. F. Curb Box 1. Support on full size pre -cast segmental manhole block. 2. Place in a plumb, vertical position. 3. Install to elevation matching finished grade. G. Reconnect Existing Service 1. Disconnect existing service from existing water main. 2. Remove existing curb stop and box and excess existing service pipe. 3. Reconnect existing service to new curb box. H. All trenches shall be backfilled and compacted in accordance to Section 33 05 05. 3.02 FIELD QUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. B. Pressure Testing: All water services will be pressure tested in conjunction with the water main, conforming to Section 33 10 00. 3.03 PROTECTION A. Mark Each Curb Box 1. Raise curb box to existing grade and mark with lath or stake so Engineer may tie out location. END OF SECTION WATER SERVICES © 2011 Bonestroo 1000034-10227-0 33 12 12-3 SECTION 33 31 00 PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer gravity pipe, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 02 41 13 - Selective Site Demolition. 2. Section 33 05 05 - Trenching and Backfilling. 3. Section 33 08 30 - Commissioning of Sanitary Sewer Utilities. 4. Section 33 31 14 - Sanitary Sewer Services. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for 8 Inch PVC Sanitary Sewer Pipe - SDR 35. Measurement will be based upon units of lineal feet for furnishing and installing pipe complete in place as specified, including excavation, back-filling, and compaction. Pipe will be measured from the connection point of the existing pipe or manhole. a. PVC pipe bedding will be paid in accordance with Section 33 05 05. b. Improved pipe foundation material, if necessary, shall be per Section 33 05 05. 2. A Bid Item has been provided for Connect to Existing Sanitary Manhole. Measurement shall be on the basis of each and shall be considered to include all excavation, labor, materials, and equipment necessary to make the required connection, including core drilling and reconstructing bench /invert. 3. A Bid Item has been provided for Connect to Existing Sanitary Sewer Pipe. Measurement shall be on the basis of each and shall be considered to include all excavation, labor, materials, and equipment necessary to make the required connection. 4. Bid Items have been provided for Wyes. Measurement will be based on units of each for each Wye or tee branch of each diameter and classification furnished and installed complete in place. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. C578 - Specification for Rigid, Cellular Polystyrene Thermal Insulation. 2. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 3. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 4. D3212 - Specification for .joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 5. F477 - Specification for Elastomeric Seals (Gaskets) for .joining Plastic Pipe. 6. F679 - Specification for Poly (Vinyl Chloride) (PVC) Large- Diameter Plastic Gravity Sewer Pipe and Fittings. SANITARY UTILITY SEWER PIPING © 2011 Bonestroo 1000034-10227-0 333100-1 7. F794 - Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based On Controlled Inside Diameter. 1.04 SITE CONDITIONS A. Sanitary sewer lines are shown on the Drawings in a general way. Contractor should anticipate minor variations in both horizontal and vertical directions in locating existing system. 1.05 SUBMITTALS A. Submit Product Data for the following items consistent with Section 0133 00: 1. Pipe and fittings. 2. Transition couplings. 1.06 SEQUENCING AND SCHEDULING A. Do not pursue Work causing shut off of utility services (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut -off schedule. B. Verify vertical and horizontal location of sanitary sewers sufficiently in advance of installing new pipe to determine the extent of conflict, if any. C. Successfully complete required inspections and testing before restoration of surface. PART 2 PRODUCTS 2.01 SOLID WALL PVC PIPE A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings (4 Inches Through 15 Inches Diameter) 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26 or 35 as shown on the Drawings. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Marking: Conform to ASTM D3034. 2.02 INSULATION A. Polystyrene Insulation: Extruded type conforming to ASTM C578, Type VI, VII, or V. 2.03 TRANSITION COUPLING A. Coupling consisting of an elastomeric sleeve with incorporating stainless steel tension bands, tightening mechanism, and less than 0.01 inch thick shear ring conforming to ASTM C1173, Type A. B. Separate bushings are not allowed without approval from the Engineer. SANITARY UTILITY SEWER PIPING © 2011 Bonestroo ( 000034- 10227 -0 333100-2 PART 3 EXECUTION 3.01 PREPARATION A. Excavation and Preparation of Trench: Conform to Section 33 05 05. B. By -Pass Pumping: Contractor shall be responsible for all items required to maintain sewer flows during construction of the new sanitary sewer line. C. Erosion control and dewatering in conformance with Section 0157 13. 3.02 PIPE INSTALLATION A. Trench Excavation and Backfill: Conform to Section 33 05 05. B. Install pipe to the alignment, grade, and location as shown on the Drawings and /or staked in the field. No deviation from the Drawings and /or staked alignment, grade, or location is allowed. Tolerances measured along pipe centerlines or invert as follows: 1. Horizontal: Within 0.50 feet of alignment shown. 2. Vertical: Zero plus and 0.08 feet minus elevation shown with no intermediate high points, level sections, or reverse invert slope. 3. Joint Deflection: No more than 75 percent of the maximum allowable, as recommended by manufacturers of pipe and joint material. C. Maintain reference line and grade with laser equipment or other equipment approved by the Engineer. Periodically check equipment for adjustment and accuracy. Correct deficiencies in equipment, reference line, and reference grade. Take precautions to prevent deflections in reference line and grade. D. Non - Conforming Pipe Installation: Remove and reinstall. E. Inspect pipe for defects and cracks while suspended immediately prior to installation. F. Install pipe from lower to higher invert elevation with uniform and smooth invert line. G. Install pipe length spigot ends pointing in the direction of flow. H. No pipe is to be laid in water or when trench conditions are unsuitable for such Work. I. Jointing 1. In conformance with recommendations of manufacturers of pipe and joint material. 2. All joints must be watertight. 3. Hand fill and compact all bell depressions with granular bedding materials to prevent joints from sagging or movement. J. Cleaning and Protection 1. Remove all dirt and debris from the interior of each pipe length as the Work progresses. 2. Protect the exposed end of the pipe with temporary covers or plugs. 3. Protect in place pipe from damage and dislocation. K. Flexible Pipe Installation: Conform to ASTM D2321. SANITARY UTILITY SEWER PIPING © 2011 Bonestroo ( 000034 - 10227 -0 333100-3 L. Sanitary Sewer Service Connections. 1. Wye a. Wye to be at 45- degree angle from horizontal. Minor deviations may be required to match elevation of the existing service pipe. b. All existing Wye sections included in pipe removal and replacement areas shall be replaced. No reinstallation will be allowed. 2. Risers: Conform to Section 33 31 14. M. Installation of Insulation 1. Insulation over pipe in locations as shown on the Drawings. 2. Insulation is to be placed wherever sanitary sewer line comes within 3 feet of any storm structure or line, or within 5 feet of the ground surface. 3.03 CONNECT TO EXISTING SYSTEM A. Connect to Existing Manhole 1. Connect to existing structure at location shown on the Drawings. 2. If rubber boot exists at manhole opening, connect new pipe to the boot and secure. 3. If manhole opening does not contain rubber boot or the existing boot is damaged, core drill opening in the structure, and install a rubber boot in manhole opening prior to connection of pipe. 4. Make repairs to the structure required due to the Work performed, including installation of doghouse. 5. If necessary, the invert shall be reconstructed to accommodate new flow location. Reconstruction of invert will also be necessary if pipe sizes increase. B. Connect to Existing VCP 1. Expose existing sanitary sewer main at location as staked by Engineer. 2. Saw cut existing main to provide a straight joint at connection. 3. Connect new pipe to existing pipe with a transition coupling: a. Place 1 -inch to 2 -inch clear rock around the connection to prevent joint offsetting a minimum of 12 inches on all sides of the pipe. 3.04 FIELD QUALITY CONTROL A. Testing in conformance with requirements of Section 33 08 30. B. Re -test after corrective measures are completed. C. Cleanup 1. Cleaning Pipe and Structures a. If newly installed mains are kept clean during construction, cleaning will not be required. b. If newly installed mains become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 2. The bailing or flushing method of cleaning pipe is acceptable only if adequate provisions, acceptable to the Engineer, for keeping dirt and debris out of the existing sewer system. Jetting may be required. 3. Complete prior to final inspection for acceptance. • * r, SANITARY UTILITY SEWER PIPING © 2011 Bonestroo ( 000034 - 10227-0 333100-4 SECTION 33 31 14 1.01 SUMMARY A. Section Includes 1. Sanitary sewer service pipe replacement and all appurtenances. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 3100 - Sanitary Utility Sewer Piping. 3. Section 33 08 30 - Commissioning of Sanitary Sewer Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Reconnect Sanitary Sewer Service. Measurement will be based on each service reconnected, regardless of pipe length, size, material, transition coupling connection, and intervening fittings installed. Payment at the Bid Unit Price shall be compensation in full for all Work and costs, including excavation, material, bedding, backfill, and compaction. 2. A Bid Item has been provided for Repair Sanitary Sewer Service Pipe. Measurement will be based on each service repaired, regardless of pipe length, size, material, transition coupling connection, and intervening fittings installed. Payment at the Bid Unit Price shall be compensation in full for all Work and costs, including excavation, material, bedding, backfill, and compaction. a. This Bid Item is intended to be used for repairing sanitary sewer service pipe that either in conflict with or is accidentally damaged during water main utility installation. Repairs resulting from avoidable or negligent damage will be the responsibility of the contractor. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C1173 - Specifications for Flexible Transition Couplings for Underground Piping Systems. 2. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 3. D1785 - Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120. 4. D2564 - Specification for Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Piping Systems. 5. D2665 - Specification for Poly (Vinyl Chloride) (PVC) Plastic Drain, Waste, and Vent (DWV) Pipe and Fittings. 6. D2672 - Specification for Joints for IPS PVC Pipe Using Solvent Cement. 7. D2855 - Standard Practice for Making Solvent- Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings. 8. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 9. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. SANITARY SEWER SERVICES © 2011 Bonestroo 1000034-10227-0 3331 14-1 10. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 1.04 SYSTEM DESCRIPTION A. This Work shall consist of the construction of sanitary sewer services in accordance with the requirements of the Contract. B. It is the intent of these Specifications to require the same quality of Work be received on the house services in the way of grade and alignment, and shall be required on the main lines and laterals. 1.05 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. Product data for the following items: a. Pipe and fittings. b. Transition couplings. B. Services: Location of Wye from downstream manhole, length of service lines, and depth. 1.06 SITE CONDITIONS A. All Work must be confined to within the limits of construction easements or public right -of -way. B. Verify sanitary sewer service locations prior to the start of any construction. 1.07 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, and all pipe deeper than the services prior to the installation of the services. PART 2 PRODUCTS 2.01 MANUFACTURED UNITS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings. 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26.Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 2.02 BEDDING MATERIAL A. See Section 33 05 05. 2.03 TRANSITION COUPLING A. Coupling consisting of an elastomeric sleeve with incorporating stainless steel tension bands, tightening mechanism, and less than 0.01 inch thick shear ring conforming to ASTM C1173, Type A. B. Separate bushings are not allowed without approval from the Engineer. SANITARY SEWER SERVICES © 2011 Bonestroo 1000034-10227-0 3331 14-2 PART 3 EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances which may apply. B. Risers: Support attachment to sewer main Wye as shown on Drawings. C. Minimum 1/4 inch per foot (2 percent) grade, unless otherwise directed by the Engineer. D. Installation: Similar to main line sanitary sewer pipe installation, conforming to the requirements of Section 33 31 00. E. The installation of solvent cemented joints shall be in accordance with ASTM D2855. F. Reconnect Existing Service. 1. Saw cut existing sewer service at connection point and remove existing pipe. 2. Engineer must inspect the service pipe condition prior to connection. 3. During service reconnections, the Contractor should anticipate variations in size of existing pipe. If a pipe size is encountered that a line item is not present for, the Contractor shall be compensated only for additional material costs associated with the pipe size increase. Likewise, if the pipe size is smaller than anticipated, the Owner shall receive a credit for the material costs associated with the downsize in pipe. 4. Connect new pipe to existing pipe with a transition coupling approved by the Engineer. a. Place 1 inch to 2 inches of clear rock around the connection to prevent joint offsetting a minimum of 12 inches on all sides of the pipe. G. Record Actual Depth and Station at End of Service. 1. Exercise care in determining the depth. 2. The depth recording is incorporated into the "Record Drawings ". 3.02 FIELD QUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. SANITARY SEWER SERVICES © 2011 Bonestroo 1000034-10227-0 3331 14-3 t o e WO PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer pipe, manholes, catch basins, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 33 05 17 - Adjust Miscellaneous Structures. 2. Section 31 23 00 - Excavation and Fill. 3. Section 32 1123 - Aggregate Base Courses. 4. Section 32 16 13 - Concrete Curbs and Gutters. 5. Section 33 05 05 - Trenching and Backfilling. 6. Section 33 46 00 - Subdrainage. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Storm Sewer Pipe. Measurement will be based on units of lineal feet for each size, type, and class of pipe furnished and installed complete in place as specified, including excavation, backfilling, and compaction. Pipe will be measured from centerline of structure to centerline of structure: a. Pipe bedding will be paid in accordance with Section 33 05 05. b. Improved pipe foundation material, if necessary, shall be per Section 33 05 05. 2. Bid Items have been provided for Yard Drain, Catch Basin, Catch Basin Manhole, and Manhole Structure. Measurement will be based on units of each, according to type and size, for furnishing and installing structures complete, including casting frame and cover, and adjusting rings in place as specified. 3. A Bid Item has been provided for Connect Existing Pipe to Storm Structure. Measurement shall be per each connection made, regardless of type of existing pipe or type of connection made. Payment will include all costs related to making the connection, including construction of concrete collar if necessary. 4. A Bit Item has been provided for Connect to Existing Storm Structure. Measurement shall be per each connection made, regardless of size of opening, type of existing bulkhead, or type of existing structure. Saw cutting of the pipe installed in opening if necessary shall be considered incidental. Core drilling the connection and reconstruction of existing structure invert if necessary shall also be considered incidental to the connection. 5. A Bid Item has been provided for Construct Bulkhead: Measurement will be per each bulkhead installed. Payment will include all costs related to bulkheading or plugging the pipe as described in this Section. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A48 - Specification for Gray Iron Castings. 2. A153 - Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware. STORM DRAINAGE UTILITIES © 2011 Bonestroo 1000034-10227-0 334000-1 3. A615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. 4. A760 - Specification for Corrugated Steel Pipe, Metallic — Coated for Sewers and Drains. 5. C76 - Specification for Reinforced Concrete Culvert, Drain, and Sewer Pipe. 6. C139 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 7. C150 - Specification for Portland Cement. 8. C206 - Specification for Finishing Hydrated Lime. 9. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 10. C443 - Specification for Joints for Circular Concrete Sewer and Pipe, Using Rubber Gaskets. 11. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 12. D1248 - Specification for Polyethylene Plastic Molding and Extrusion Materials for Wire and Cable. 13. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 14. D2837 - Specification for Standard Test Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials. 15. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. 16. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 17. F794 - Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter. 18. F894 - Specification for Polyethylene (PE) Large Diameter Profile Wall Sewer and Drain Pipe. B. American Association of State Highway and Transportation Officials "Standard Specifications for Highway Bridges," 1992 Edition (AASHTO). 1.04 SEQUENCING AND SCHEDULING A. Do not pursue work - causing shut off of utility service (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut -off schedule. B. Successfully complete required inspections and tests before commencement of Section 32 it 23 and Section 32 16 13. 1.05 SUBMITTALS A. Submit Shop Drawings for storm sewer structures consistent with Section 0133 30. B. Shop drawings shall indicate complete information for fabrication and installation of units. Include the following: 1. Plans and elevations locating and defining all material furnished by manufacturers. 2. Sections and details showing connections, cast -in items, field installed lifting devices, capacities, all openings, and their relation to the structure. C. Submit Manufacturer's Certificate of Compliance for the following items: 1. Gray iron castings. 2. Precast manhole sections. D. Manhole /Catch Basin Elevation Report. 1. The Contractor shall complete the report attached to the end of this Section for each structure as it is constructed. The completed report shall be submitted each week to the Engineer or the Engineer's designated representative at some mutually agreeable time. STORM DRAINAGE UTILITIES © 2011 Bonestroo 1000034-10227-0 334000-2 PART 2 PRODUCTS 2.01 MATERIALS A. Mortar Materials. 1. Cement: Use Type 1 Standard Portland Cement conforming to ASTM C150. 2. Lime: Use normal finishing hydrated lime meeting the requirements of ASTM C206. 3. Mix Proportions: a. 1 -part cement to 3 parts of suitable plaster sand for mortar used for plastering the exterior walls of block manholes and catch basins, adjusting rings, and lift holes. Use lime or mortar mix in the amount necessary to make a suitable mixture for plastering purposes, but not to exceed 15 percent by volume. b. 1 -part Portland cement to 2 parts of sand to which lime or mortar mix may be added, but not to exceed 15 percent by volume for mortar used for laying concrete block. 2.02 STORM MANHOLE AND CATCH BASIN FRAMES AND COVERS A. General Requirement: ASTM A48. B. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. C. Type and Style: As shown on Drawing. Covers without grate openings shall be stamped "STORM SEWER ". D. Covers with 2 concealed pick holes of approved design. E. Weight: Minimum of 380 lbs. 2.03 STORM MANHOLES AND CATCH BASINS A. General Requirements: ASTM C478 and details on the Drawings. B. Structures and bases shall be of precast concrete. C. Manhole Joints: Rubber o -ring gasket type meeting ASTM C443. D. Segmental Manhole Blocks: Blocks conform to ASTM C139. E. Manhole Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. 2.04 MANHOLE DESIGN: A. It is the Contractor's responsibility to have the manhole sections and top and bottom slabs designed and the detailed drawings prepared by a Professional Engineer, experienced in precast concrete manhole design, who is registered in the Project's State. B. The design of the manhole shall conform to a minimum factor of safety equal to 1.5 for buoyancy and flotation. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. C. The design of the manhole base slab, perimeter walls, and top slab shall be designed for shear strength, flexural strength, and other applicable strengths due to hydrostatic loading. The STORM DRAINAGE UTILITIES © 2011 Bonestroo ( 000034 - 10227 -0 334000-3 hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. 2.05 PIPE MATERIALS A. Reinforced Concrete (RCP) Pipe and Fittings. 1. General Requirement: ASTM C76, Wall B with circular reinforcing. 2. Materials: Conform to the requirements of ASTM C76, Wall B with circular reinforcing. 0 -ring gaskets shall be synthetic rubber, circular reinforcing in cross - section, and shall conform to ASTM C361. 3. Pipe Joints: Bell and spigot ASTM C361. 4. Pipe Class: As shown on the Drawings. 5. Marking: Each pipe shall be identified with the name of the manufacturer trade name or trademark and code, identification of plant, date of manufacture, and the pipe class and specification design. B. Polyvinyl Chloride (PVC) Pipe and Fittings (15 Inches Through 42 Inches Diameter). 1. General Requirements: ASTM F794. 2. Materials: The pipe and fittings shall be made from polyvinyl chloride compounds which comply with the requirements for a minimum Cell Classification of 124548, 12364A, or 13343C as defined by ASTM D1784. Homopolymer PVC compounds must meet or exceed the requirements of the above listed minimum cell classification number. PVC compounds of other cell classifications shall be pre - qualified. Additives and fillers, including but not limited to stabilizers, antioxidants, lubricants, colorants, etc., shall not exceed 10 parts by weight per 100 of PVC resin in the compound. 3. Pipe shall have integral wall bell and spigot joint with elastomeric seal joints. The minimum pipe stiffness shall be 46 pounds per square inch (psi) at 5- percent deflection. 4. Joints shall conform to ASTM D3212. Joints shall be push -on type only with the bell -end grooved to receive a gasket. Elastomeric seal (gasket) shall have a basic polymer of synthetic rubber conforming to ASTM F477, and be factory installed and chemically bonded to the bell - end of the pipe. Natural rubber gaskets will not be accepted. 5. Each pipe shall be identified with the manufacturer's name, trade name or trademark and code, nominal pipe size in inches, the PVC minimum cell classification, the legend "PS 46 PVC Sere Pipe ", and ASTM F794. PART 3 EXECUTION 3.01 PREPARATION A. Trench Excavation and Backfill shall conform to Section 33 05 05. B. By -Pass Pumping: Contractor responsible for all items required to maintain sewer flows during construction of the new storm sewer. All Work and costs for by -pass pumping is considered incidental to the Project, unless otherwise specified. 3.02 INSTALLATION A. Connect to Existing Structure. 1. Connect to existing structure at location shown on the Drawings. 2. Core the hole in the structure and saw cut the pipe flush with the inside wall of the structure. 3. Bulkhead void between outside wall of pipe and edge of opening with mortar and brick. 4. Reconstruct manhole bench /invert. STORM DRAINAGE UTILITIES © 2011 Bonestroo 1000034-10227-0 334000-4 B. Connect Existing Pipe to Structure. 1. Connect to existing pipe at locations shown on the Drawings. 2. Take care not to damage existing pipe. Any new segment of pipe damaged by Contractor shall be replaced with new materials at no expense to the Owner. 3. Utilize standard bell and spigot joint with rubber o -ring gasket if possible. 4. If butt connection must be made to existing pipe, construct concrete collar around joint. Collar shall be minimum 12 inches thick in all locations and shall extend a minimum of 12 inches each way of the joint. C. Pipe Installation 1. Lay and maintain pipe appurtenances to the alignment, grade, and location shown on the Drawings and /or staked in the field. No deviation from the Drawing and /or staked alignment, grade, or location is allowed, unless approved by Engineer. Deviation from grade in excess of 0.05 percent may be cause for removal and relaying pipe at the Contractor's expense. 2. General Pipe Installation Procedures. a. Wipe joints clean; apply the manufacturer's recommended lubricant compound over the entire joint surface; center spigot in bell and push spigot home; take care to prevent dirt from entering the joint space; bring pipe to proper line and grade, and secure pipe in place by properly bedding. 3. Lay pipe upgrade with spigot ends pointing in the direction of flow. 4. All joints must be watertight. 5. Remove all foreign matter or dirt from inside the pipe. Keep the bell and spigot clean during and after installation. Take care to prevent dirt from entering the joint space. Remove any superfluous material from inside the pipe after pipe installation by means of an approved follower or scraper. 6. Where cut -ins make it impossible to construct bell and spigot joints or when dissimilar pipe materials are joined, a reinforced concrete collar shall be placed completely surrounding the joint or the connection shall be made by using an approved adapter. 7. Any pipe which has been disturbed after being laid must be taken up, the joint cleaned and properly re -laid as directed by the Engineer. 8. Where a sewer line outlets to grade or where the line is terminated with a flared end section: a. Fasten at least the last 3 joints together using 2 "U" bolt fasteners per joint approved and as recommended by the pipe manufacturers. D. Structures and Appurtenances Installation 1. Furnish and install structures in accordance with the Drawings. 2. Excavate to depth and size as shown in the Drawings. 3. Preformed inverts are not allowed. 4. Pour inverts shaped to the half section of equivalent size pipe conforming to the inlet and outlet pipe so as to allow for a free, uninterrupted flow with all surfaces sloping to the flow line. 5. All concrete pipes entering manholes must be cut with a concrete saw. 6. Steps a. Locate on the downstream side, except for pipe 24 inches in diameter or greater. Install in the most appropriate place, to provide suitable access. b. Secure and neatly mortar in place 15 inches on center spacing. 7. Position vertical wall of the eccentric cone on the downstream side. 8. On structures with a build that contains more than 1 barrel section, the section immediately below the precast top slab shall be maximum 16 inch height. 9. Lift holes neatly mortared up. 10. Install Adjustment Rings and Adjust Casting: Conforming to Section 33 05 17. E. Bulkhead Pipe: STORM DRAINAGE UTILITIES © 2011 Bonestroo 1000034-10227-0 334000-5 1. Bulkhead pipe at locations shown on Drawings with brick, non - shrink concrete grout, or concrete block masonry 8 inches thick. 2. Precast concrete plugs may be used in lieu of bulkhead. Plus must fit snugly into pipe opening and be watertight. 3.03 FIELD QUALITY CONTROL A. Scope 1. All pipeline testing is considered incidental to the Bid cost of the pipe. 2. Engineer to observe and verify that all tests and visual inspections have been completed prior to final acceptance. B. Cleaning 1. Consists of Cleaning the Pipe and Structures a. If newly installed mains and structures are kept clean during construction, cleaning will not be required. b. If newly installed mains and /or structures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 2. The bailing or flushing method of cleaning pipe is acceptable only if adequate provisions acceptable to the Engineer for keeping dirt and debris out of the existing sewer system or ponds are employed. Jetting may be required. 3. Complete prior to final inspection for acceptance. C. Required Tests and Inspections 1. Infiltration a. To determine the amount of ground water infiltration into the sewers. b. Test waived if no visible infiltration is observed during the lamping inspection. c. Measurement made by means of 90 degree v -notch weirs placed in the lines as directed by the Engineer. d. Measurements taken at the points where in the Engineer's opinion the flow of water in the sewer is greater than the maximum allowable leakage. e. Maximum Allowable Rate of Leakage: Not more than 100 gallons per mile per inch diameter per day. f. Tests may be taken between individual manholes and the infiltration in any given line must not exceed the specified maximum allowable rate. g. Method of Measurement: Measurement of time for a predetermined volume of flow to occur. 2. Lamping a. Verify installation is to true line and grade. b. Verify installed pipe is structurally sound. c. Verify there are no broken or deflective pipes. d. Verify that joints are all home. e. Verify structures conform to specified requirements. 3. Mandrel Test: a. Perform on PVC main after installation has been completed. b. Minimum waiting period of 30 days after completion of installation prior to performing test. c. Contractor to furnish the mandrel and all labor, materials, and equipment necessary to perform the test. d. Engineer must be present during pulling of the mandrel. e. Deflection of inside diameter of pipe in excess of 5 percent shall be considered failure of the test. f. Contractor shall repair /replace any failing segment of main, such that it successfully passes the test. All costs for such work, including but not limited to excavation, new materials, STORM DRAINAGE UTILITIES © 2011 Bonestroo 1000034-10227-0 334000-6 and restoration of surface to existing condition, shall be the sole expense of the Contractor. g. Owner reserves right to measure deflection of PVC pipe at any time during the warranty period. �. �606\ A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Mark all structures to avoid being hit by construction or vehicular traffic. D. Mark each plug location with 4 inches by 4 inches timbers to above grade to aid in marking the future connection. E. Establish erosion control measures as per Section 0157 13. • • STORM DRAINAGE UTILITIES © 2011 Bonestroo 1000034-10227-0 334000-7 Manhole/Catch Basin Field Elevation Report * Bonestroo Project: Date: Owner: Contractor: Bonestroo's Resident Project Representative : Contractor's Representative: Bonestroo Project No: Owner Project No: Structure Location As- Structure Design Constructed Difference Street Name Structure Structure Direction of or Easement Type Invert Invert ( + J ) Comments J Quality Assurance No. Station invert/flow Location (circle (from Elevation one ) Plan MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron * - As- Constructed Invert Elevation provided by Contractor from measurements taken in the field to nearest 0.01 feet. I 1 PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer service and drain tile. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 40 00 - Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for 4 Inch Perforated PVC Drain Tile. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, geotextile, aggregate, and fittings. 2. A Bid Item has been provided for Connect Drain Tile to Structure. Measurement will be per each. Payment will include all costs related to core drilling a hole in the storm sewer structure, making the connection, and patching as specified. 3. Supplying and installing required markers at service ends shall be considered incidental to the service installation. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 2. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 3. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 4. D3350 - Specification for Polyethylene Plastics Pipe and Fittings Materials. 5. F405 - Specification for Corrugated Polyethylene (PE) Pipe and Fittings. 6. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. B. American Association of State Highway and Transportation Officials (AASHTO) 1. M252 - Corrugated Polyethylene Drainage Tubing. C. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 3733 - Geotextiles. 1.04 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, storm sewer, and all pipe deeper than the services prior to the installation of the services. 5UBDRAINAGE © 2011 Bonestroo 1000034-10227-0 334600-1 2.01 PIPE AND FITTINGS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings. 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Perforations: Circular on 3 -1/4 inches by 6 -1/4 inches centers. Hole size maximum of 3/8 inch and a minimum of 3/16 inch, arranged in 4 rows along the full length of the pipe. B. Corrugated Polyethylene (PE) Pipe and Fittings. 1. General: Pipe and fittings shall be made of compounds conforming to ASTM F405 in accordance with the material requirements of ASTM D3350. 2. Pipe Stiffness: Heavy -duty pipe conforming to requirements of ASTM F405, Table 1. 3. Coupling bands shall cover at least 1 full corrugation on each section of pipe. 4. Perforations: Circular on 3 -1/4 inches by 6 -1/4 inches centers. Hole size maximum of 3/8 inch and a minimum of 3/16 inch, arranged in 4 rows along the full length of the pipe. 2.02 FILTER AGGREGATE MATERIAL A. See Section 33 05 05. 2.03 GEOTEXTILE A. Geotextile wrap shall conform to MnDOT Spec. 3733, Type 1. PART 3 EXECUTION 3.01 GENERAL A. The location and alignment of the subsurface drains and outlets are shown in a general manner on the Drawings. Exact location and alignment to be determined by the Engineer. 3.02 DRAIN TILE INSTALLATION A. Conform to details on Drawings. B. Construct at locations and elevations determined by Engineer or as shown on the Drawings. C. Pipe Bedding: Filter aggregate. D. Grade: Unless otherwise specified or shown on the Drawings, the grade of pipes shall not be flatter than 1 in 250. E. Plug upstream end of the drain pipe. F. Sections of the drain pipe shall be firmly joined. G. If perforated drain pipe is used, the pipe shall be placed so that the perforations are in the position indicated on the Drawings or designated by the Engineer. SUBDRAINAGE © 2011 Bonestroo 1000034-10227-0 334600-2 H. Connections: Connect to hole provided in precast structure. Seal joint with mortar. Core drill connection to structure where precast hole is not provided. I. Compaction: Conform to Section 33 05 05. J. Flushing: After installation has been completed, pipes shall be flushed with sufficient water to remove material that has entered the pipes during construction. 3.03 FIELD QUALITY CONTROL A. Do not backfill trench until the pipe has been inspected and approved by the Engineer. 401MI7J M� SUBDRAINAGE © 2011 Bonestroo 1000034-10227-0 334600-3 SECTION 34 41 13 TRAFFIC SIGNALS SS -1 (1802) QUALIFICATION OF WORKERS The provisions of Mn /DOT Specification 1802 are hereby supplemented with the following: Signal and Lighting Certification will be required for all Contractors, Supervisors or Foreman involved in the field installation of the Traffic Signal and /or Lighting portion of this Project. Signal and Lighting Certification, Level II, is available through the Mn /DOT Office of Traffic, Safety, and Technology (OTST). Questions regarding certification or past certification may be directed to the Mn /DOT Office of Traffic, Safety, and Technology (OTST) at Telephone No. (651) 234 -7055. Certified Contractor personnel shall be on the Project work site at all times to perform or directly supervise the installation of a Traffic Signal System or a Lighting system. SS -2 (2565) LOOP DETECTORS This work shall consist of furnishing, installing, and making operational new loop detectors to replace those damaged by construction activities performed as part of the Project located on Nevada Avenue North, north of Medicine Lake Road (County Road 27) in New Hope (Hennepin County) in accordance with the applicable provisions of Mn /DOT 2565; Standard Plate 8132; with the current edition of the National Electrical Code; with the Plans; as directed by the Engineer; and as follows: SS -2.1 GENERAL The intersection layouts indicating the affected loop detectors to be replaced are included elsewhere in these Special Provisions "For Information Only ". The signals on the Project where damage to the loop detectors is anticipated are owned by Hennepin County. Acceptance of the new loops installed is subject to County approval. Any work being completed near the signal loops must be coordinated with the County prior to any disturbances. Coordination can be accomplished via the Engineer. SS -2.2 MATERIALS A. Loop Detector Sealant Material The following loop detector sealants have been tested and approved: 1. 3M "Detector Loop Sealant ". 2. ChemRex, Inc. "Thoroc Gold Label Flex 1P ". 3. Chemque, Inc. "Q -Seal 290, Polyurethane Detector Loop Sealant ". 4. Dow Corning "890 -SL Silicone Joint Sealant ". No other loop detector sealants have been approved at this time. TRAFFIC SIGNALSTRAFFIC SIGNALS © 2011 Bonestroo 1000034-10227-0 3441 13-1 THE CONTRACTOR SHALL INSTALL SEALANT MATERIAL ACCORDING TO THE MANUFACTURER'S INSTRUCTIONS. B. Loop Detector Splices The Contractor shall furnish and install qualified loop detector splice kits. The qualified splice kits may be found at the Office of Traffic, Security, and Operations (OTSO) WEB site under the Qualified Products List: http: / /www. dot. state. mn. us/ trafficenci/designtools /index.htmI THE CONTRACTOR SHALL INSTALL LOOP DETECTOR SPLICES ACCORDING TO THE MANUFACTURER'S INSTRUCTIONS. SS -2.3 CONSTRUCTION REQUIREMENTS A. Loop Detector Installation The Contractor shall install loop detectors in accordance with Standard Plate 8132; as marked by a representative of Hennepin County; and with the applicable provisions of Mn /DOT 2565.3G. The loop detector roadway conductors and the loop detector lead -in cable conductors shall be properly prepared and cleaned before splicing. Prior to installing the approved loop detector splice kit, the Contractor shall solder the ends of the loop detector lead -in conductors to the roadway loop detector conductors, and shall furnish and install an appropriate sized wire nut to the soldered ends prior to installation of the splice kit. Splice kits shall be installed in handholes in such a manner as to ensure that each splice kit is suspended and /or secured near the top of the handhole to the satisfaction of the Engineer (placing splice kits on top of the electrical cables and conductors is NOT acceptable). Loop detectors shall be spliced using an approved splice kit as specified elsewhere in these Special Provisions. ALL LOOPS DETECTORS SHALL BE SPLICED AND MADE OPERATIONAL WITHIN ONE (1) DAY AFTER THE LOOP DETECTOR INSTALLATION. B. Wiring Installation of electrical cables and conductors and all electrical wiring shall be in accordance with the applicable provisions of MnDOT Spec. 2565.37, and as follows: The Contractor shall pull cables and conductors through non - metallic conduit (NMC) with a pull rope, in such a manner, as to not split or otherwise damage the NMC conduit due to "pull rope abrasion." If the Contractor damages the NMC conduit, the Contractor shall replace the damaged portion of the NMC conduit to the satisfaction of the Engineer. C. Loop Detector Test Report The Contractor shall furnish to the Engineer, in triplicate, a signed and dated "LOOP DETECTOR TEST REPORT" for each loop detector furnished and installed as part of this Contract with the following information: 1. State Project Number and Intersection. 2. Loop Detector Number (as directed by the Engineer), Dimensions of Loop Detector (Length and Width in feet) as installed, and Number of Turns of Wire in Loop Detector as installed. TRAFFIC SIGNALSTRAFFIC SIGNALS © 2011 Bonestroo 1000034-10227-0 3441 13-2 3. CONTINUITY TEST — The loop detector shall be tested for continuity at the handhole prior to splicing with the loop detector lead -in cable (shall have a value less than 0.5 ohms). 4. INDUCTANCE TEST — The loop detector shall have an inductance test measured at the handhole prior to splicing with the loop detector lead -in cable (shall have a value greater than 50 microhenries). 5. INSULATION RESISTANCE TEST — The loop detector shall have an insulation resistance test at high voltage measured at the loop detector location prior to splicing with the loop detector lead -in cable (shall have a value greater than 100 megohms). The 3 final loop detector test reports shall be distributed by the Engineer as follows: 1. Original report to the official project file. 2. Copy in cabinet. 3. Copy to the District Traffic Office. All loop detector tests shall be made by the Contractor at his own expense to demonstrate to the satisfaction of the Engineer that the materials and installation of each loop detector are in accordance with the requirements of the Plans and these Special Provisions. The Contractor shall provide, without cost to the Department such electrical instruments, apparatus, tools, and labor as may be necessary to make the required loop detector tests on each loop detector. Such electrical instruments, apparatus, and tools shall remain the property of the Contractor after the tests are completed. In the event that the loop detector "fails" any one of the above - mentioned loop detector tests, the Engineer may direct the Contractor to replace any part of or the entire loop detector, all at the Contractor's own expense (NO Supplemental Agreement will be written for replacing any part of or the entire loop detector). All of the above - mentioned loop detector tests shall be repeated and recorded for the "revised" loop detector. Each loop detector furnished and installed as part of this Contract shall "pass" the above - mentioned loop detector tests. These tests shall not preclude the Department from testing each loop detector with their own test equipment to ensure proper operation. SS -2.4 MEASUREMENTS AND PAYMENTS PREFORMED RIGID PVC CONDUIT LOOP DETECTOR 6'x 6' Furnishing, installing, and making operational loop detectors as specified herein at the locations indicated in the Plans will each be measured as an integral unit complete in place and operating and will be paid for separately under Item NMC LOOP DETECTOR (6'x 6') at the Contract price per EACH, which price shall be compensation in full for all costs incidental thereto. Payment will be made for loops disturbed within the project limits. THIS ITEM INCLUDES THE FOLLOWING: 1. All required roadway pavement milling or removal as part of the loop detector installation. 2. Rigid PVC conduit and conduit fittings for loop detectors. 3. Roadway loop detector conductor. 4. Rigid PVC conduit from loop detector to handhole. 5. Splice in handhole using splice kit as specified herein. 6. Installing loop detector as detailed herein. 7. Loop detector testing and reporting. 8. Traffic Control. AUI UKU # TRAFFIC SIGNALSTRAFFIC SIGNALS © 2011 Bonestroo 1000034-10227-0 3441 13-3 clea Request for Action Originating Department Approved for Agenda Agenda Section Public Works November 14, 2011 C onsent Item No. By : Guy Johnson By: Kirk McDonald, City Manager 6.5 Resolution accepting the rain garden construction project in the 2011 street infrastructure improvement project area and approving the final pay request to Minnesota Native Landscapes for $13,850 (Project No. 877 ) " Requested Action Staff recommends that Council approve a resolution to accept the rain garden construction project in the Terra Linda area of the 2011 street infrastructure improvement project and authorize final payment to Minnesota Native Landscapes in the amount of $13,850. Background The 2011 infrastructure project involved street and utility infrastructure improvements. The project included Ensign Avenue, between Medicine Lake Road and Flag Avenue; and all streets between Boone Avenue and the Canadian Pacific Railroad, south of the Crystal border and north of Medicine Lake Road. Because of environmental concerns, the city received recommendations from the Shingle Creek and Bassett Creek Watershed Commissions, and a request from a Terra Linda resident, to implement the use of a rain garden for additional water quality improvement. During discussions with the residents at the project's open house on January 25, 2011, the city agreed to investigate the feasibility of installing a rain garden as part of the proposed 2011 street infrastructure project. Rain gardens are typically constructed behind the street curb and receive storm water runoff directly from the street. As the storm water flows into the garden, it filters through a fiber blanket; the plants' root system in the top soil; a granular material; a geotextile fabric; and infiltrates the surrounding sub- soils. With the city's heavy soil, the rain garden's design would also contain a drain the system under the garden. If the storm water runoff would not infiltrate the sub -soils fast enough during some rain events, the water would collect in the drain tile system and flow to an overflow structure. Council awarded a contract on September 12, 2011, to Minnesota Native Landscapes, in the amount of $14,390, for construction of the rain g arden . Motion by �' Second by 4 \ To: 1: \ RFA \ PUBWORKS\ 2011 \ 877 Rain Garden Final.doc Request for Action November 14, 2011 Page 2 Funding Plan sheets were sent out to three firms that specialize in the construction of rain gardens. Bids were received from only one of the firms, with the bidder being Minnesota Native Landscapes, in the amount of $14,390. This figure is for construction of the rain garden and installation of the plantings. The actual cost for construction of the rain garden and plantings was $13,850. Funding for the project will be from the city's storm water fund. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance of the project, and the final pay request L \ RFA \ PUBWORKS \ 2011 \ 877 Rain Garden Final.doc City of New Hope Resolution No. 11- 158 Resolution accepting the rain garden construction project in the 2011 street infrastructure improvement project area and approving the final pay request to Minnesota Native Landscapes for $13,850 (Project No. 877) WHEREAS, the city has entered into a contract with Minnesota Native Landscapes for construction of a rain garden in the 2011 street infrastructure improvement project area; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 877 and approve final payment to Minnesota Native Landscapes, in the amount of $13,850; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Minnesota Native Landscapes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the rain garden construction project from Minnesota Native Landscapes. 2. That the city manager is hereby directed to authorize the final payment of $13,850 to Minnesota Native Landscapes. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 14th day of November, 2011. i Mayor Attest: City Clerk a� t . her° November 7, 2011 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: 2011 Infrastructure Improvements Rain Garden — Final Payment Request Client Project No.: 877 Bonestroo Project No.: 000034 - 10227 -0 Dear Guy: Enclosed find the final pay request and the IC -134 forms for the 2011 Infrastructure Improvements Rain Garden project. The contractor, Minnesota Native Landscapes, Inc., has requested final payment in the amount of $13,850.00. This payment brings the total final construction cost to $13,850.00, which is less than the original contract amount of $14,390.00 as indicated on the Contractor's Request for Payment. Due to less material quantity required this project had a $540.00 under run. We recommend final payment to Minnesota Native Landscapes in the amount of $13,850.00. Sincerely, STANTEC Christopher Long, P.E. Cc: Mark Hanson, Katie Warner <INNESOTA• REVENUE Contractor's Withholding Affidavit Confirmation MINNESOTA NATIVE LANDSCAPES INC ID 5168348 Please keep this information for your records. Submit a copy of this page to the project owner to receive your final payment. Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors 41735,3 Mon Nov 07 12:34:08 CST 2011 CITY OF NEW HOPE 877 September 2011 September 2011 NEW HOPE, MN No subcontractors listed. or Bonestroo Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: October 25, 2011 For Period: 10/1/2011 to 10/25/2011 Request No: 1 AND FINAL Eontractor: Minnesota Native Landscapes, Inc., 14088 Highway 95 NE, Foley, MN 56329 CONTRACTOR'S REQUEST FOR PAYMENT 2011 INFRASTRUCTURE IMPROVEMENTS BONESTROO FILE NO. 000034- 10227 -1 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 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ 14,390.00 $ 0.00 $ 0.00 $ 14,390.00 $ 13,850.00 $ 0.00 $ 13,850.00 $ 0.00 $ 13,850.00 $ 0.00 $ 0.00 1 AND FINAL $ 13,850.00 Recommended for Approval by: BONESTROO &I - - 4,� > Approved by Contractor: MINNESOTA NATIVE LANDSCAPES, Specified Contract Completion Date: Approved by Owner: "MYrO NEW 1i QPE �„ ly Date: ,f 3410227REQ1 FINAL.Asm No. Item RAIN GARDEN 2931/2925 SUMTER AVE. 1 COMMON EXCAVATION (EV) 2 GEOTEXTILE FABRIC TYPE I 3 6" PVC DRAIN TILE 4 CONNECT DRAIN TILE TO STRUCTURE - MACHINE CORE 5 SELECT GRANULAR BORROW 6 PREMIUM TOPSOIL BORROW (LV) 7 100% COCONUT FIBER BLANKET 8 CLASS I RANDOM RIPRAP 9 RAIN GARDEN PLANTING 10 RAIN GARDEN INLET STRUCTURE TOTAL RAIN GARDEN 2931/2925 SUMTER AVE. TOTAL RAIN GARDEN 2931/2925 SUMTER AVE. TOTAL WORK COMPLETED TO DATE $13,850.00 $13,850.00 3410227REQ1 FINALAsm Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date CY 55 110.00 55 55 $6,050.00 SY 90 3.00 $0.00 LF 60 10.00 60 60 $600.00 EA 1 500.00 1 1 $500.00 TN 35 50.00 35 35 $1,750.00 CY 10 65.00 10 10 $650.00 SY 90 3.00 $0.00 CY 2 150.00 2 2 $300.00 LS 1 2500.00 1 1 $2,500.00 LS 1 1500.00 1 1 11,500.00 $13,850.00 $13,850.00 $13,850.00 3410227REQ1 FINALAsm PR03ECT PAYMENT STATUS OWNER CITY OF NEW HOPE BONESTROO FILE NO. 000034-10227-1 CONTRACTOR MINNESOTA NATIVE LANDSCAPES, INC. No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From TO Payment Retainage Comp eted 1 AND FINAL 10/01/2011 1 10/25/11 13,850.00 1 1 13,8 Material on Hand Total Payment to Date $13,850.00 Original Contract $14,390.00 Retainage Pay No. I AND FINAL Chanqe Orders Total Amount Earned $13,850.00 Revised Contract $14,390.00 3410227RE01 FINALASM p o N ]AV V>119NNIM re r-4 LU 0� D (D U- CD • LIJ 2: i.Li 0 V) 7 W o U- z N 2 4- m I= C> CD CD w Om M: 0 u O ai V) di C:) R LL N C) r, N N C) � t 1`R1 �� l: t ® logo • LIJ 2: i.Li 0 V) 7 W o U- z N 2 4- m I= C> CD CD w Om M: 0 u O ai V) di C:) R LL N C) r, N N C) COUNCIL V � REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works November 28, 2011 Consent Item No. By: Guy Johnson, Director By: Kirk McDonald, City Manager 6.8 Resolution approving change order No. 1 for the 2011 street and infrastructure improvement project (improvement No. 877) Requested action Staff is recommending that the Council approve the change order to the contract with S. R. Weidema Inc., for additional work to install a water main and reconstruct Zealand Avenue, between 27th Place and 28th Avenue. Background On April 11, 2011, Council awarded a contract to S. R. Weidema Inc. for the 2011 street and infrastructure improvement project. The 2011 infrastructure project involves street and utility infrastructure improvements. Based upon the analysis of street condition ratings, the project includes Ensign Avenue, between Medicine Lake Road and Flag Avenue; and all streets between Boone Avenue and the Canadian Pacific Railroad, south of the Crystal border and north of Medicine Lake Road. Most of the sanitary sewer improvements relate to the city's inflow and infiltration reduction program. At its May 16 work session, Council discussed a possible change order to allow additional work along a portion of Zealand Avenue. The city engineer and public works director reviewed the 2011 infrastructure improvements for Zealand Avenue, between 27th Place and 28th Avenue. It appeared that there was a water main break on this section of Zealand Avenue sometime back in the 80's. Given the water break history of the surrounding streets in the neighborhood and the fact that the majority of the existing water main in this neighborhood was installed during the same time period, staff recommended replacement of the water main and reconstruction of this portion of Zealand Avenue. At the June 13, 2011, meeting, Council approved a motion to authorize the city's 2011 street and infrastructure improvement project contractor, S. R. Weidema Inc., to perform additional work installing a water main and reconstructing Zealand Avenue, between 27th Place and 28th Avenue,. Change order No. 1 is for additional work to accomplish replacement of the water main and the reconstruction of this portion of Zealand Avenue. 7 MOTION BY L. SECOND BY TO: MMMMENS EKt- AwuovvorKS \Zut zoo infrastructure unange uraer t Request for Action November 28, 2011 Page 2 The installation of the water main and reconstruction of this portion of Zealand Avenue also included temporary mailbox setup, temporary water services for Zealand Avenue, and hauling in additional gravel. These items were bid as a lump sum and did not have an individual line item in the original bid. Using the contract's existing unit cost and some compensation for the three items mentioned above, it was estimated that the current contract would increase by approximately $120,000. Funding The original amount of the contract for the 2011 street and infrastructure improvement project was $3,458,126.86. The amount of change order No. 1 for the additional construction work is $92,179.09. The revised contract amount, including change order No. 1, is $3,550,305.95. The engineer's original estimate for the project was $4,080,000. Funding for change order No. 1 will be from the city's water fund and street infrastructure fund. Attachments The engineer's recommendation, the change order, and the resolution are attached. CITY OF NEW HOPE Resolution No. 11 -167 Resolution approving change order No. 1 for the 2011 street and infrastructure improvement project (improvement No. 877) WHEREAS, the city has entered into a contract with S. R. Weidema Inc. for the 2011 street and infrastructure improvement project; and, WHEREAS, during the course of construction, modifications to the approved plans and specifications were needed to replace the water main and reconstruct Zealand Avenue, between 27th Place and 28th Avenue; and, WHEREAS, the city engineer and staff have reviewed the cost submitted by S. R. Weidema Inc., and find the cost for the additional work 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 in the amount of $92,179.09. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 28th day of November, 2011. Attest: City Clerk Mayor November 21, 2011 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 Mr. Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: 2011 Infrastructure Improvements — Change Order #1 Client Project No.: 877 Bonestroo Project No.: 000034- 10227 -0 Dear Guy: The contractor, S.R. Weidema, Inc. has completed additional work related to the 2011 Infrastructure Improvements project. At the May 16, 2011 Work Session, City Council reviewed changing Zealand Avenue North between 27 Place North and 28 Avenue North from a mill and overlay to full reconstruction. At that time staff was directed to proceed with the work and bring a change order for approval to a future meeting. The change order has been prepared in two parts. The first part provides for the additional work required to fully reconstruct Zealand Avenue along with water main replacement. The second part provides for the work that was removed from the contract to mill and overlay the street. We recommend approval of the enclosed Change Order #1 in the amount of $92,179.09 for the work completed. Sincerely, Katie Warner, PE 651.967.4629 Attachments: Change Order #1 Copy: Kirk McDonald, New Hope City Manager Chris Long, Stantec Mark Hanson, Stantec ] was, December 1, 2011 S.R. Weidema Inc. 17600 113 Ave N. Maple Grove, MN 55369 Subject: Change Order No. 1 for Project No. 877 At its meeting of November 28, 2011, the New Hope City Council authorized change order no. 1 for $92,179.09. This brings the revised contract amount to $3,550,305.95. Enclosed are signed change order documents. Please forward one copy to your bonding company. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Katie Warner, Stantec Guy Johnson, director of public works 4401 Xylon Avenue North + New Hope, Minnesota 55428 -4898 + www. ci.new- hope.mn.us City Hall: 763- 531 -5100 + Police (non - emergency): 763- 531 -5170 + Public Works: 763- 592 -6777 + TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 + Police Fax: 763- 531 -5174 + Public Works Fax: 763 -592 -6776 COUNCIL V w a Request for Action Originating Department Approved for Agenda Agenda Section Public Works September 10, 2012 Development & Plannin Item No. By: Guy Johnson By: Kirk McDonald 8.3 Resolution declaring cost to be assessed and ordering preparation of proposed assessments in connection with 2011 street and infrastructure improvement No. 877_ , Requested Action Staff is recommending that the Council approve a resolution declaring the cost to be assessed and order the preparation of proposed assessments by the city clerk for the 2011 street infrastructure improvement project. 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. The city's street infrastructure management plan identified the area for maintenance activities. Background Council authorized preparation of a feasibility report for the 2011 infrastructure project on September 27, 2010, and on November 22, the city engineer presented the feasibility report for this improvement project. Council reviewed the report and scheduled a public hearing for January 10, 2011. The city clerk notified the property owners regarding the proposed assessment project and a public hearing was held on January 10, 2011. After closing the public hearing, Council ordered construction of the 2011 infrastructure improvement project and authorized the preparation of plans and specifications. A public informational meeting concerning this project was held on Tuesday, January 25, 2011. Council approved plans and specifications and ordered advertisement for bids at the February 28 Council meeting. A contract was awarded to S. R. Weidema Inc., in the amount of $3,458,126.86, at the April 11 Council meeting. i t Motion by Second by To: I:\RFA\PUBW0RKS\20l2\877 2011 Street Infrastructure Declaring Assessments.doc Request for Action September 10, 2012 Page 2 The 2011 infrastructure project involved street and utility infrastructure improvements. Based upon the analysis of street condition ratings, the project included Ensign Avenue, between Medicine Lake Road and Flag Avenue; and all streets between Boone Avenue and Nevada Avenue, south of the Crystal border and north of Medicine Lake Road. Most of the sanitary sewer improvements were related to the city's inflow and infiltration reduction program. The city engineer has determined that the total cost for the street portion of the 2011 street and infrastructure improvement project is $2,451,567.72, and that the assessment rates per foot for residential properties are $25.99 for mill and overlay work, $51.39 for reclaim work, and $134.20 for reconstruction work. The assessment rates per foot for commercial /industrial properties are $38.98 for mill and overlay work, $77.09 for reclaim work, and $201.30 for reconstruction work. The 2011 street and infrastructure improvement project includes four tax exempt properties for assessment. The properties to be assessed for the 2011 Boone Avenue improvement project are: Address Front footage Ambassador Good Samaritan 8100 27th Avenue N. 753 feet Opportunity Partners, Inc. 2705 Ensign Avenue N. 85 feet Mt. Olivet Rolling Acres, Inc. 8217 29th Avenue N. 85 feet City of New Hope -Terra Linda Park 2701 Lamphere Dr. PID Number Assessment Amount 19- 118 -21 -44 -0084 19- 118 -21 -34 -0019 19- 118 -21 -44 -0020 437 feet 20- 118 -21 -33 -0125 TOTAL: $58,048.77 $4,368.15 $4,368.15 11357.63 $78,142.70 Funding The remainder of the project is being funded by the street fund, storm water fund, sanitary sewer fund, and the water fund. Attachments A resolution prepared by the city attorney and a memorandum from the city engineer is attached. I:\RFA\PUBW0RKS\2012\877 2011 Street Infrastructure Declaring Assessments.doc RESOLUTION NO. 2012 -135 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT IN CONNECTION WITH INFRASTRUCTURE IMPROVEMENT NO. 877 (2011 Infrastructure Improvement Project) WHEREAS, contracts have been let for the construction of the 2011 Infrastructure Improvement No. 877 in the City, and WHEREAS, the total cost of said improvements is $4,527,085.61. NOW THEREFORE, BE IT RESOLVED by the City Council of the City ofNew Hope as follows: 1. The City Council hereby determines that the City shall pay $4,448,942.91 of said cost, exclusive of the amount it may pay as a property owner, and the sum of $78,142.70 shall be assessed against benefitted property owners based upon benefits received without regard to cash valuation. 2. Assessments shall be payable in equal biannual installments due and payable on or before May 15 and October 15 of each year extending over a period of ten (10) years, the first of the installments to be payable on or before May 15, 2013 and shall bear interest at the rate of six (6 %) percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City consulting engineer and any other necessary personnel, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land without regard to cash valuation as provided by law, and the Clerk shall file a copy of such proposed assessment in the Clerk's office for public inspection. 4. The City Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the City Council this 10 day of September, 2012. Attest: C�-E:.-�?�. Valerie Leone, City Clerk Kathi Hemken, Mayor P:t.Attomey \SAS \I Client Files\2 City of New Hope \99 - 68771(2011 street proj.)\Resolution (Declaring Cost Assessed & Order Prep of Assess).doc lei Fm Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 September 6, 2012 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: 2011 Infrastructure Improvements —Assessments Client Project No.: 877 Stantec Project No.: 193800094 Dear Guy: The 2011 Infrastructure Improvement project involved street, utility, and park improvements generally in the neighborhoods located in the southern portion of the city. Depending on street conditions, one of three treatments was performed on the project streets: mill and overlay, reclamation, or full reconstruction. The work involved in this project is complete and the final project costs have been determined. Street construction costs have been identified and assessment rates calculated. Three different rates have been calculated, one for each of the three treatments that streets underwent. Each of the rates has a value for commercial properties and residential properties. Below is a summary of the calculated rates for the project: Total Project Cost = $4,527,085.61 Final Project Total Street Cost = $2,451,567.72 Treatment /Rate Mill & Overlay Reclamation Reconstruction Residential Rate per FF $25.99 $51.39 $134.20 Commercial Rate per FF $38.98 $77.09 $201.30 City policy states tax paying properties are exempt from assessment for infrastructure improvements. Therefore, assessment amounts have been calculated only for the tax exempt properties within the project. The table on the following page lists the tax exempt properties and their corresponding assessment amount. COUNCIL V� Request for Action Originating Department Approved for Agenda Agenda Section Public Works September 24, 2012 Development & Plannin Item No. 8.2 By: Guy Johnson By: Kirk McDonald, City Manager Resolution accepting the 2011 street infrastructure improvement project and approving the final payment request to S. R. Weidema Inc. (improvement project no. 877) Requested Action Staff recommends that Council approve a resolution to accept the 2011 street infrastructure improvement project and authorize final payment to S. R. Weidema Inc. in the amount of $19,822.42. Background Council authorized preparation of a feasibility report for the 2011 infrastructure project on September 27, 2010, and on November 22, the city engineer presented the feasibility report for this improvement project. Council reviewed the report and scheduled a public hearing for January 10, 2011. The city clerk notified the property owners regarding the proposed assessment project and a public hearing was held on January 10, 2011. After closing the public hearing, Council ordered construction of the 2011 infrastructure improvement project and authorized the preparation of plans and specifications. A public informational meeting concerning this project was held on Tuesday, January 25, 2011. Council approved plans and specifications and ordered advertisement for bids at the February 28 Council meeting. A contract was awarded to S. R. Weidema Inc., in the amount of $3,458,126.86, at the April 11 Council meeting. One change order was approved for $92,179.09 on November 28, 2011, bringing the revised contract to $3,550,305.95 The 2011 infrastructure project involved street and utility infrastructure improvements. Based upon the analysis of street condition ratings, the project included Ensign Avenue, between Medicine Lake Road and Flag Avenue; and all streets between Boone Avenue and Nevada Avenue, south of the Crystal border and north of Medicine Lake Road. Most of the sanitary sewer improvements were related to the city's inflow and infiltration reduction program. Motion by Zl L " LZI c-- Second by To: `} I:\RFA\PUBW0RKS\2012\877 2011 Street Infrastructure Final.doc Request for Action September 24, 2014 Page 2 Funding S. R. Weidema Inc. originally bid $3,458,126.86 for the project. There was one change order approved on November 28, 2011, for $92,179.09 to install a water main and reconstruct Zealand Avenue, between 27th Place and 28th Avenue. With the change order, the revised contract totaled $3,550,305.95. Due to material quantities exceeding preliminary estimates for the utility connections at Terra Linda Drive and Winnetka Avenue, and the additional work required on Quebec Avenue and Virginia Avenue due to very poor soil conditions, the final amount earned by S. R. Weidema Inc. was $3,621,668.49. The final payment request is $19,822.42. Funding was from assessments, the street infrastructure fund, storm water fund, and the utility fund. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance of the project, and the final pay request. I: \ RFA \ PUBWORKS \ 2012 \ 877 2011 Street Infrastructure Final.doc CITY OF NEW HOPE RESOLUTION NO. 12- 143 Resolution accepting the 2011 street infrastructure improvement project and approving the final payment request to S. R. Weidema Inc. (improvement project no. 877) WHEREAS, the city has entered into a contract with S. R. Weidema Inc. for construction of the 2011 street infrastructure project; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 877 and approve final payment to S. R. Weidema Inc. in the amount of $19,822.42; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to S. R. Weidema Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the 2011 street infrastructure project from S. R. Weidema Inc. 2. That the city manager is hereby directed to authorize the final payment of $19,822.42, to S. R. Weidema Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 24th day of September, 2012. Mayor Attest: -f c2�- City Clerk Stantec Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 September 17, 2012 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: 2011 Infrastructure Improvements — Final Payment Request Client Project No.: 877 Stantec Project No.: 193800094 Dear Guy: Enclosed find the final pay request and the IC -134 forms for the 2011 Infrastructure Improvements project. The contractor, S.R. Weidema, Inc., has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $19,822.42 is made and the City of New Hope accepts the project. The Original Contract Amount as indicated on the Contractor's Request for Payment is $3,458,126.86. The contract was amended to include one change order, resulting in a Revised Contract Amount of 3,550,305.95. The Final Construction Amount is $3,621,668.49, which is more than the Original Contract Amount. This project had a $71,362.54 over run, due an increase in material quantities and primarily due to the following additional work: • water main improvements at Winnetka Avenue and Terra Linda Drive • drain tile and subgrade corrections on Quebec Avenue North • drain tile and subgrade corrections on Virginia Avenue North Change Order Summary: • Change Order No. 1 — This change order provided for the work required to change Zealand Avenue between 27 Place North and 28 Avenue North from a Mill and Overlay to a full Reconstruction. . If you have any questions or require further information please call me at (651)604 -4808. Sincerely, STANTEC au� Christopher W. Long, P.E. Attachments: Signed Final Pay Requests, IC -134 Forms Cc: Shawn Markham — New Hope; Mark Hanson, Jason Petersen — Stantec. 0 Stantec Owner: City of New Hoe 4401 X Ion Ave. N. New Hoe MN 55428 Date: August 23 2012 For Period: 8/3/2012 to 8/23/2012 Request No: 11 /FINAL Contractor: S.R. Weidema Inc. 17600 113th Ave. N. Maple Grove MN 55369 CONTRACTOR'S REQUEST FOR PAYMENT 2011 INFRASTRUCTURE IMPROVEMENTS STANTEC PROJECT NO. 193800094 / 000034- 10227 -0 CITY PROJECT N.O. 877 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 0.0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ 3,458,126.86 $ 92,179.09 $ 3,550,305.95 $ 3,621,668.49 $ 0.00 $ 3,621,668.49 $ 0.00 $ 3,621,668.49 $ 3,601,846.07 $ 0.00 11 /FINAL $ 19 822.42 tl WHOP Specified Contract Completion Date: 3410227RE01 1 FINAL.Asm Recommended for Approval by: STANTEC 3410227REQI I FINALASm Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID: 1 MOBILIZATION LS 1 131630.00 1 $131,630.00 2 TRAFFIC CONTROL LS 1 8500.00 1 $8,500.00 3 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 2200 3.18 5176 $16,459.68 4 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 2150 3.18 5840.6 $18,573.11 5 REMOVE CONCRETE CURB AND GUTTER LF 20500 2.85 20014 $57,039.90 6 REMOVE CONCRETE CURB AND GUTTER (SPECIAL) LF 2150 5.90 2254 $13,298.60 7 REMOVE CONCRETE WALK SF 2000 0.24 1956.5 $469.56 8 REMOVE CONCRETE VALLEY GUTTER LF 200 2.73 244.43 $667.29 9 REMOVE CASTING EA 98 57.54 84 $4,833.36 10 SALVAGE HYDRANT EA 16 333.77 17 $5,674.09 11 REMOVE MANHOLE OR CATCHBASIN EA 17 376.04 17 $6,392.68 12 REMOVE WATER MAIN LF 8150 3.12 7828 $24,423.36 13 REMOVE SANITARY SEWER PIPE LF 535 4.98 560 $2,788.80 14 SAWING BITUMINOUS PAVEMENT LF 1350 2.76 519 $1,432.44 15 CLEARING TREE 112 185.00 88 $16,280.00 16 GRUBBING TREE 112 80.00 90 $7,200.00 17 MILL BITUMINOUS PAVEMENT (1.5 ") SY 11368 1.00 21100 $21,100.00 18 RECLAIM BITUMINOUS PAVEMENT SY 42345 2.26 42022 $94,969.72 19 SELECT GRANULAR BORROW (MODIFIED) TN 25684 6.35 27217.11 $172,828.65 20 SELECT TOPSOIL BORROW (SPECIAL) CY 3775 15.60 3348 $52,228.80 21 11/2" - 3" AGGREGATE TN 5000 14.00 1141.09 $15,975.26 22 AGGREGATE BASE, CLASS 5 TN 18600 7.30 18547.34 $135,395.58 23 COMMON EXCAVATION CY 27065 5.05 27827.02 $140,526.45 24 SUBGRADE EXCAVATION CY 1500 8.30 213 $1,767.90 25 GEOTEXTILE FABRIC, TYPE V NON -WOVEN SY 38915 1.73 38714 $66,975.22 26 IMPROVED PIPE FOUNDATION LF 500 0.10 $0.00 27 STREET SWEEPER WITH PICKUP BROOM HR 100 135.00 100 $13,500.00 28 WATER FOR DUST CONTROL MG 400 32.11 304 $9,761.44 29 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TN 4700 59.00 5457.97 $322,020.23 30 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B), FOR DRIVEWAYS TN 100 86.00 15 95 $8,170.00 31 TYPE SP 12.5 NON WEARING COURSE MIXTURE (2,B) TN 4900 49.00 5880.91 $288,164.59 32 BITUMINOUS MATERIAL FOR TACK COAT GAL 2700 2.80 3200 $8,960.00 33 PUMPING - SANITARY SEWER BYPASS LS 1 5750.00 1 $5,750.00 34 8" PVC SANITARY SEWER PIPE - SDR 35 LF 535 80.90 614.7 $49,729.23 35 8" x 6" PVC WYE EA 14 71.87 14 $1,006.18 36 RECONNECT SANITARY SEWER SERVICE EA 14 374.85 14 $5,247.90 37 CONNECT TO EXISTING SANITARY MANHOLE EA 2 1515.71 2 $3,031.42 38 CONNECT TO EXISTING SANITARY SEWER PIPE EA 16 370.61 16 $5,929.76 39 CONNECT TO EXISTING WATER MAIN EA 20 803.65 18 $14,465.70 40 DUCTILE IRON FITTINGS LB 8600 1.92 8117 $15,584.64 41 INSTALL HYDRANT AND VALVE EA 16 3842.24 17 $65,318.08 42 INSULATION, 2" THICK SY 150 22.86 10 $228.60 43 6" DIP WATER MAIN, CLASS 52 LF 10250 23.60 10250 $241,900.00 44 8" DIP WATER MAIN, CLASS 52 LF 440 28.45 362 $10,298.90 45 TEMPORARY WATER SERVICE LS 1 43771.92 1 $43,771.92 46 6" GATE VALVE AND BOX EA 32 1398.75 34 $47,557.50 47 8" GATE VALVE AND BOX EA 3 1760.08 3 $5,280.24 48 RECONNECT WATER SERVICE EA 185 136.23 186 $25,338.78 49 1" CORPORATION STOP EA 184 119.94 186 $22,308.84 50 2" CORPORATION STOP EA 1 312.79 1 $312.79 51 1" CURB STOP AND BOX EA 184 327.79 185 $60,641.15 52 2" CURB STOP AND BOX EA 1 499.58 1 $499.58 53 1" TYPE "K" COPPER WATER SERVICE LF 5025 28.50 5652.3 $161,090.55 54 2" TYPE "K" COPPER WATER SERVICE LF 30 44.00 22 $968.00 55 CONSTRUCT BULKHEAD EA 12 193.35 10 $1,933.50 56 REPAIR SANITARY SEWER SERVICE PIPE EA 25 384.73 12 $4,616.76 57 ADJUST VALVE BOX - EXISTING EA 6 304.36 6 $1,826.16 58 ADJUST HYDRANT EA 16 524.02 9 $4,716.18 59 ADJUST FRAME AND RING CASTING - EXISTING EA 17 432.69 1 8 $3,461.52 60 CASTING ASSEMBLY EA 98 316.94 88 $27,890.72 61 INSTALL CASTING EA 98 301.69 88 $26,548.72 62 EXTERNAL SEAL SYSTEM EA 55 207.91 55 $11,435.05 63 27" DIAMETER YARD DRAIN EA 1 1160.44 1.5 $1,740.66 64 2'x T CATCH BASIN EA 3 1496.41 3 $4,489.23 65 4' DIAMETER STORM SEWER CBMH EA 5 2506.88 6 $15,041.28 66 4' DIAMETER STORM SEWER MH EA 2 4219.95 2 $8,439.90 3410227REQI I FINALASm 3410227RE011 FINALxISm Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date 67 4.5' DIAMETER STORM SEWER MH EA 5 3806.17 5 $19,030.85 68 5.5' DIAMETER STORM SEWER CBMH EA 1 3937.50 1 $3,937.50 69 8.5' DIAMETER STORM SEWER MH EA 1 8922.17 1 $8,922.17 70 CONNECT EXISTING PIPE TO STORM STRUCTURE EA 48 563.05 51.32 $28,895.73 71 CONNECT TO EXISTING STORM STRUCTURE EA 1 1032.50 1 $1,032.50 72 8" PVC STORM SEWER, SDR -26 LF 120 26.50 140 $3,710.00 73 4" PERFORATED PVC DRAIN TILE LF 940 7.36 3077.6 $22,651.14 74 CONNECT DRAIN TILE TO STRUCTURE EA 37 140.26 57.02 $7,997.63 75 B618 CONCRETE CURB AND GUTTER LF 20500 8.51 20014 $170,319.14 76 CONCRETE CURB AND GUTTER (SPECIAL) LF 2150 15.50 2238 $34,689.00 77 4" CONCRETE WALK SF 750 4.34 1486 $6,449.24 78 7" CONCRETE VALLEY GUTTER SY 45 43.65 26 $1,134.90 79 6" CONCRETE DRIVEWAY PAVEMENT SF 33750 4.54 37402 $169,805.08 80 CONCRETE PEDESTRIAN CURB RAMP EA 18 200.00 15 $3,000.00 81 TRUNCATED DOME PANEL SF 168 29.00 152 $4,408.00 82 REMOVE DRIVEWAY PAVER SF 200 1.99 271 $539.29 83 INSTALL DRIVEWAY PAVER SF 200 10.00 171 $1,710.00 84 TEMPORARY MAILBOXES LS 1 10650.00 1 $10,650.00 85 SODDING, LAWN TYPE SY 34000 2.19 31723.67 $69,474.84 86 SEEDING AC 1 800.00 0.63 $504.00 87 RELOCATE LIGHT STANDARD EA 13 430.00 6 $2,580.00 88 SILT FENCE, TYPE MACHINE SLICED MAINTAINED LF 500 1.85 $0.00 89 INLET PROTECTION, MAINTAINED EA 80 377.90 65 $24,563.50 TOTAL BASE BID: $3,162,410.65 ALTERNATE NO. 1 - NEVADA AVENUE NORTH RECONSTRUCTION 90 MOBILIZATION LS 1 2500.00 1 $2,500.00 91 TRAFFIC CONTROL LS 1 1500.00 1 $1,500.00 92 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 125 3.18 35 $111.30 93 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 150 3.18 141 $448.38 94 REMOVE CONCRETE CURB AND GUTTER LF 2200 2.85 2220 $6,327.00 95 REMOVE CONCRETE WALK SF 250 0.24 265 $63.60 96 REMOVE CASTING EA 6 57.54 6 $345.24 97 SALVAGE HYDRANT EA 4 333.77 4 $1,335.08 98 REMOVE WATER MAIN LF 995 3.12 922 $2,876.64 99 SAWING BITUMINOUS PAVEMENT LF 400 2.76 $0.00 100 CLEARING TREE 3 250.00 $0.00 101 GRUBBING TREE 3 100.00 $0.00 102 RECLAIM BITUMINOUS PAVEMENT SY 4266 5.00 4116 $20,580.00 103 SELECT GRANULAR BORROW (MODIFIED) TN 3500 6.30 2717 $17,117.10 104 SELECT TOPSOIL BORROW (SPECIAL) CY 405 15.60 253 $3,946.80 105 11/2" - 3" AGGREGATE TN 1000 14.00 836 $11,704.00 106 AGGREGATE BASE, CLASS 5 TN 3550 7.30 2716 $19,826.80 107 COMMON EXCAVATION CY 4208 5.52 4208 $23,228.16 108 GEOTEXTILE FABRIC, TYPE V NON -WOVEN SY 5072 1.76 5072 $8,926.72 109 IMPROVED PIPE FOUNDATION LF 100 0.10 $0.00 110 STREET SWEEPER WITH PICKUP BROOM HR 25 135.00 21 $2,835.00 111 WATER FOR DUST CONTROL MG 100 32.11 7 $224.77 112 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TN 375 59.00 427.76 $25,237.84 113 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B), FOR DRIVEWAYS TN 50 86.00 67 $5,762.00 114 TYPE SP 12.5 NON WEARING COURSE MIXTURE (2,B) TN 1000 49.00 1150 $56,350.00 115 BITUMINOUS MATERIAL FOR TACK COAT GAL 450 2.80 180 $504.00 116 CONNECT TO EXISTING WATER MAIN EA 3 774.82 3 $2,324.46 117 DUCTILE IRON FITTINGS LB 3850 1.92 3657 $7,021.44 118 INSTALL HYDRANT AND VALVE EA 4 3842.19 4 $15,368.76 119 INSULATION, 2" THICK SY 50 22.85 $0.00 120 6" DIP WATER MAIN, CLASS 52 LF 62 25.27 63 $1,592.01 121 8" DIP WATER MAIN, CLASS 52 LF 1213 26.80 1177 $31,543.60 122 TEMPORARY WATER SERVICE LS 1 21600.05 1 $21,600.05 123 8 GATE VALVE AND BOX EA 9 1581.48 8 $12,651.84 124 RECONNECT WATER SERVICE EA 5 300.16 4 $1,200.64 125 CONSTRUCT BULKHEAD EA 2 193.53 2 $387.06 126 REPAIR SANITARY SEWER SERVICE PIPE EA 3 384.83 3 $1,154.49 127 ADJUST VALVE BOX - EXISTING EA 1 277.55 2 $555.10 128 ADJUST HYDRANT EA 4 494.78 3 $1,484.34 129 CASTING ASSEMBLY EA 6 305.72 8 $2,445.76 130 INSTALL CASTING EA 6 330.07 8 $2,640.56 3410227RE011 FINALxISm TOTAL BASE BID: TOTAL ALTERNATE NO. 1 - NEVADA AVENUE NORTH RECONSTRUCTION TOTAL CHANGE ORDER NO. 1 TOTAL WORK COMPLETED TO DATE $3,162,410.65 $367,078.75 $92,179.09 $3,621,668.49 3410227REOI 1 FINAL.xism Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date 131 EXTERNAL SEAL SYSTEM EA 6 206.35 6 $1,238.10 132 4" PERFORATED PVC DRAIN TILE LF 40 7.36 80 $588.80 133 CONNECT DRAIN TILE TO STRUCTURE EA 2 333.52 2 $667.04 134 8618 CONCRETE CURB AND GUTTER LF 2200 8.51 2220 $18,892.20 135 4" CONCRETE WALK SF 100 4.13 165 $681.45 136 8" CONCRETE DRIVEWAY PAVEMENT SF 1500 5.63 1152 $6,485.76 137 CONCRETE PEDESTRIAN CURB RAMP EA 2 200.00 2 $400.00 138 TRUNCATED DOME PANEL SF 24 29.00 40 $1,160.00 139 SODDING, LAWN TYPE SY 3650 2.19 3164 $6,929.16 140 SEEDING AC 0.5 800.00 $0.00 141 NMC LOOP DETECTOR (6'x 6') EA 4 1225.00 7 $8,575.00 142 24" SOLID STOP LINE (BAR), WHITE PAINT LF 69 3.50 51 $178.50 143 PAVEMENT MESSAGE, LEFT TURN ARROW - PAINT EA 6 50.00 9 $450.00 144 4" DOUBLE SOLID LINE, YELLOW PAINT LF 480 1.00 208 $208.00 145 4" SOLID LINE, WHITE PAINT LF 480 0.50 204 $102.00 146 SILT FENCE, TYPE MACHINE SLICED MAINTAINED LF 250 1.85 $0.00 147 INLET PROTECTION, MAINTAINED EA 4 377.90 18 $6,802.20 TOTAL ALTERNATE NO. 1 - NEVADA AVENUE NORTH RECONSTRUCTION $367,078.75 CHANGE ORDER NO. 1 1 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 33 3.18 33 $104.94 2 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 114 3.18 114 $362.52 3 REMOVE CONCRETE CURB AND GUTTER LF 1000 2.85 1000 $2,850.00 4 SALVAGE HYDRANT EA 2 333.77 2 $667.54 5 REMOVE WATER MAIN LF 525 3.12 525 $1,638.00 6 CLEARING TREE 3 185.00 3 $555.00 7 GRUBBING TREE 3 80.00 3 $240.00 8 RECLAIM BITUMINOUS PAVEMENT SY 1510 2.26 1510 $3,412.60 9 SELECT GRANULAR BORROW (MODIFIED) TN 1250 6.35 1250 $7,937.50 10 SELECT TOPSOIL BORROW (SPECIAL) CY 172 15.60 172 $2,683.20 11 AGGREGATE BASE, CLASS 5 TN 830 7.30 830 $6,059.00 12 COMMON EXCAVATION CY 1240 5.05 1240 $6,262.00 13 GEOTEXTILE FABRIC, TYPE V NON -WOVEN SY 1720 1.73 1720 $2,975.60 14 TYPE SP 12.5 NON WEARING COURSE MIXTURE (2,B) TN 190 49.00 190 $9,310.00 15 DUCTILE IRON FITTINGS LB 346 1.92 346 $664.32 16 INSTALL HYDRANT AND VALVE EA 2 3842.24 2 $7,684.48 17 6" DIP WATER MAIN, CLASS 52 LF 525 23.60 525 $12,390.00 18 TEMPORARY WATER SERVICE LS 1 2200.00 1 $2,200.00 19 RECONNECT WATER SERVICE EA 6 136.23 6 $817.38 20 1" CORPORATION STOP EA 6 119.94 6 $719.64 21 1" CURB STOP AND BOX EA 6 327.79 6 $1,966.74 22 1" TYPE "K" COPPER WATER SERVICE LF 195 28.50 195 $5,557.50 23 CASTING ASSEMBLY EA 1 316.94 1 $316.94 24 INSTALL CASTING EA 1 301.69 1 $301.69 25 EXTERNAL SEAL SYSTEM EA 1 207.91 1 $207.91 26 8618 CONCRETE CURB AND GUTTER LF 1000 8.51 1000 $8,510.00 27 6" CONCRETE DRIVEWAY PAVEMENT SF 1388 4.54 1388 $6,301.52 28 TEMPORARY MAILBOXES LS 1 350.00 1 $350.00 29 SODDING, LAWN TYPE SY 1544 2.19 1544 $3,381.36 30 REMOVE CONCRETE CURB AND GUTTER (SPECIAL) LF 100 -5.90 100 ($590.00) 31 SAWING BITUMINOUS PAVEMENT LF 60 -2.76 60 ($165.60) 32 MILL BITUMINOUS PAVEMENT (1.5 ") SY 1510 -1.00 1510 ($1,510.00) 33 ADJUST FRAME AND RING CASTING - EXISTING EA 1 - 432.69 1 ($432.69) 34 CONCRETE CURB AND GUTTER (SPECIAL) LF 100 -15.50 100 ($1,550.00) TOTAL CHANGE ORDER NO. 1 $92,179.09 TOTAL BASE BID: TOTAL ALTERNATE NO. 1 - NEVADA AVENUE NORTH RECONSTRUCTION TOTAL CHANGE ORDER NO. 1 TOTAL WORK COMPLETED TO DATE $3,162,410.65 $367,078.75 $92,179.09 $3,621,668.49 3410227REOI 1 FINAL.xism PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 877 STANTEC PROJECT NO. 193800094 / 000034 - 10227 -0 CONTRACTOR S.R. WEIDEMA, INC. CHANGE ORDERS No. Date Descrintion Amount 1 11/16/2011 This Change Order provides for adjustments to this project. See Change Order. $92,179.09 7 140 322.62 2 05/07/2011 06 367 26 526 945.35 Total Change Orders - $92 , 179.09 PAYMENT SUMMARY No. From To Pavment Retainaae Completed 1 04/01/2011 05/06/11 133 306.49 7 140 322.62 2 05/07/2011 06 367 26 526 945.35 3 06/21/2011 07/27/11 548 965.70 55 240.20 1 4 07/28/2011 08/24/11 702 652.56 92 221.91 1 5 08/25/2011 09/28/11 835 312.97 136 185.75 2 6 09/29/2011 10/25/11 370 321.82 155 676.38 3 51 7 10/2612011 11/28/11 51460.51 158 384.82 3 167 696.46 8 11/29/2011 02/07/12 50 161 035.69 3,220,713,82 9 02/08/2012 06/28/12 446 049.62 50 000.00 355 10 06/29/2012 08/02/12 96 118.32 18 099.73 3 11 FINAL 08/03/2012 08/23/12 19 822.42 3 621 668.49 Material on Hand Total Payment to Date $3 Original Contract $3,458,126.86 Retaina e Pay No. 11 FINAL Chan e Orders $92 Total Amount Earned $3 Revised Contract $3,550 3410227REOI 1 FINAL.Asm sr o I-i LU ce D LL C) 1� O O O CD O u i MEN- 0-00 noun —LIM ��p0��0 ® ��A© .. Now mango milli C) W - C) LLJ > z 0 0� CL uj 0 Ln LU z u z D w CD o LL Q LL C) C:) N TIOZ/i,Z/T f)MP'TO(IAZOLZZOltE\bmO\GVD\OLZZOTK\tE\:I Page 1 of 1 MINNESOTA- REVENUE Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time: 22- Aug -2012 2:15:22 PM Confirmation Number: 0 -417- 287 -680 Name: S R WEIDEMA INC ID: 1808244 Affidavit Number: 1168162816 Project Owner: CITY OF NEW HOPE Project Number: 1901 Project Begin Date: 4/1/2011 Project End Date: 7/1/2012 Project Location: NEW HOPE, MN Project Amount: $3,738,862.72 Subcontractors: 1900822528 Sub Name Sub ID Sub Affidavit Number MIDWEST ASPHALT CORP 7252554 782286848 RELIABLE TREE SERVICE INC 2967276 633290752 SAFETY SIGNS LLC 5139558 1265844224 KILLMER ELECTRIC CO INC 6718331 186286080 RAY JORDAN & SONS INC 4799188 731529216 HERNESS CONSTRUCTION LLC 2059785 1900822528 AVR INC 3247070 386924544 GMH ASPHALT CORP 2857091 1182482432 You can always see copies of your transactions by going to your Requests tabyour Home page. For a paper copy of this confirmation, click on the "Printer Friendly View" button. Please print this confirmation page for your records using the print or save functionality built into your browser. https: / /www.mndor. state. mn.usltp /retrieve ?type =PrintFriend &key 1= 2089165312 &key2 =9... 8/22/2012 Aug, 13. 2012 2:40PM No, 3482 P, 3 8113112 mLE ».Irwww.mnaor.stete,m+t.us /tp/ retrieve ? type= ArintFriend t ey1 = 1431912960&kay2n 1475 586 182 MINNESOTA-TREVENVE Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time: 13-Aug-2012 2:3 8.44 PM Confaimtion Number: - 0-013-628-928 Nan ID Affidavit Number; Project Owner: Project Number: Project Begin Date-, Project End Date: Project Location: Project Amount: Subcontractors: MIDWEST ASPHALT CORP 7252554 782286848 CITY OF NEW HOPE 1901-01 4/25/2011 7/12/2011 NEW HOPE $22,971.47 No Subcontractors You can always see copies of your transactions by going to your Requests tabyour Some page. For a paper copy of this confirmation, click on the "Printer Friendly View" button. Please pmt this con&—m pag ee for your records using the print or save functionality built into your browser. https! / /www.mndorstate.mn.us /tp /retrieve ?typex Prhffrie nd&keyl = 1431912960&key2 4475 S8 6182 SJi 08/13/2012 14:28 7636911467 RELIABLE TREE PAGE 02/02 Pagr, I of I MINNESOTA- REVENUE Your Contractor Affidavit request is Approved. A. copy of this page MUST be provided to the contr actor or government agency that hired you. Submitted Date and Time' 13-Aug-2012 2:24.:11 PM Confirmation Nwnber.' 0-370-019-840 Name: REIIABLE TREE SRVC INC ID: Affidavit Number: Project Owner: Project Number: Project Begin Date: pj*qject End Date: Project Location: Project Amount: Subcontractors: 2967276 633290752 CITY OF NEW HOPE 877 5/31/2011 8/29/2011 NEW HOPE PROJECT $25,890-00 No Subcontractors You can, always se c opies of your transactions by going to your Requests tabyour.Home page. For a paper copy of this confinnation, click on the "Printer Friendly View" button. Please ,or your save functionality built into your - f records using t1le print or browser. littps://www.m,ndor.sta.te.mn.us/tp/`.retrieve?typc=Printl-"rie.nd&kcyl=l ll6l93280&key2=l— 8/13/2012 08/15/2012 15:01 9524696689 SAFETY SIGNS PAGE, 01/02 Page 1 pf I MINNESOTA- REVENUE Your Contractor Affidavit request is Approved. A COPY Of tivs page MUST be provided to the or government agency that hired you. Submitted Date and Time: 15-Aug-2012 2:59:43 PM Confirmation Number: . 1-711-011-328 Name: SAFETY SIGNS LLC ID: 5139558 Affidavit Number: 1265844224 Project Owner: CITY OF NEW 14OPE Project Number: CP 877 Project Begin Date: 5/1/2011 Project End Date: 6/15/2012 Project Location: 2011 INFRASTRUCTURE IMPROVEMENTS - NEW HOPE Project Amount: $9,663.20 Subcontractors: No Subcontractors You can always see copies of your transactions by going to your Requests tabyour Nome page. For i p copy of this confirmation, click on the "Printer Friendly View" button. Please print tWs confirmation page for your records using the print or save functionality built into yc browser. �tfrrc-fl-tinxmr rnrlilnr Qtnte Mn IIQ/tn/Tf.trif-,vt-?tvne=PrintFriend&ki�,vl=1798160896&key2=3 8/15j2012 08/13/2012 08:47 7639718406 MINNUOTA KILLMER ELECTRIC CO PAGE 02/02 htt,ps://www.mndoT.statF-' _mn,us/tp/retrieve?type=PrintFriend&keY 1=.,, ues is Approved, A copy o f this page MUST be provided to 111 Your c o ntractor Affidavit re o I co ntractor or government agency that hired YOU. Submitted Date and I'Me* 13-Aug-2012 8.47:35 AM Confirmation. - - , tion. Number, 0 -162-850-560 KILLWR -ELECTRIC co INC Name. M 6718331 Affidavit Number: 186286080 Project Owner, CITY OF N HOPE Project Number: 877 Project Begin Date: 6/1.5/2011 Project End Date: 10/28/2011 IMPROVEMENTS Project -Location: 2011, IN-FFASTpUCTURF, Project Amount'. $10,741-89 Subcontractors: No Subcontractors q actions by going to Your R eques t s tabyour Home par- For I You can always See copies o f your trans f his c onfuTnation, click on uprier Frieny but paper copy 0 sing the print or save fi m tionality built into Your please print hi c onfirmation vage for yr records u browser.. 8/13/2012 8:47 A Au g, 2 1. 2012 5 :09PM No. 3612 p . 1 of I MINNESOTA- REVENUE Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time- 21- Aug -2012 5:07:59 PM Confirmation Number: 1-317-768-704 Name: PAY JORDAN & SONS INC ID: 4799188 Affidavit Number: 731529216 Project Owner- CITY OF NEW HOPE Project Number: 2011 Project Begin Date: 5/11/2011 Project End Date: 4/24/2012 Project Location: 2011 INFRASTRUCTUpB IMP - NEW HOPE Project Amount: $81,847-02 Subcontractors: No Subcontractors YOU can always see copies of your transactions by going to your Requests tabyour Home page. For a paper copy of this confirmation, click on the "Printer Friendly View" button. Please 12rint conflrwati for Your records using the print or save functionality built into your browser. https 0nd&key,l=I 705583104&key2=1... 8/21/2012 Aug.16.2012 06:21 PM HERNESS CONSTRUCTION 320 230 0999 PAGE. 1/ 1 Page I of I MINNESO FA- RLVLNUL Your Contractor Affidavit retluest is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted hate and Time: 16-Aug-2012 8 :20 :36 PM Confirmation Number: 2-053-305-856 Name: I IERNESS CONSTRUCTION LLC I D: 2059785 Affidavit Number: 1900822528 Project Owner: CITY OF NI'M HOPE Project Number: CITY OFNEW HOPE Project Begin Date: 6/20/2011 Project EndDate; 10/20/2011 Pro,icet Location: NF,W MN Project Amount- $10,545.00 Subcontractors: No Subcontractors You can always see copies of your transactions by going to your Requests tabyour Home page. For a paper copy ol'this confirmation, click on the "Printer Friendly View" button, Please ablit d6s Collfirmatlt:�n pa for your records using the print or save functionality built into your browser. littps,llwww.mndor.%tute.mn.u. 8/16/2012 08/15/2012 08:48 FAX 952 432 7530 AVR > lnc. WJ000Z /OUOZ Pagel of 1 MINNESOTA- REVENUE. Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time: 15- Aug -2012 8:31:33 AM Confirmation Number: 0- 442 -306 -048 Name: AVR INC ID: 3247070 Affidavit Number: 386924544 Project Owner: CITY OF NEW HOPE Project Number: 2011 STREET IMPROVEMENTS Project Begin Date: 5/1/2011 Project End Date: 5/31/2012 Project Location: NEW HOPE Project Amount: $394,755.65 Subcontractors: No Subcontractors You can always see copies of your transactions by going to your Requests tabyour Home page. For a paper copy of this confirmation, click on the "Printer Friendly View" button. Please . is confirmation page for your records using the print or save functionality built into your browser. https :llwww.mndor.state.mn.usltp /retrieve :hype= PrintFriendi&key 1= 1305330176 &key2 =1... 8/15/2012 From:GMH ASPHALT CORPORATION 952 442 5656 08/13/2012 10:55 #440 P.002/002 Page 1 of 1 MINNESOTA- REVENUE Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time: 13- Aug -2012 10:59:00 AM Confirmation Number: 1- 262 - 292 -480 Name: G M H ASPHALT CORP ID: 2857091 Affidavit Number: 1182482432 Project Owner: CITY OF NEW HOPE Project Number: CITY PROJECT #877 Project Begin Date: 6/1/2011 Project End Date: 8/6/2012 Project Location: NEW HOPE, MINNESOAT Project Amount: $620,900.52 Subcontractors: No Subcontractors You can always see copies of your transactions by going to your Requests tabyour Home page. For a paper copy of this confirmation, click on the "Printer Friendly View" button. Please print this confirmation page for your records using the print or save functionality built into your browser. https :llwww.mndor.state.mn.us /tp/ retrieve? type =PrintFriend &key 1= 1184449024 &key2 =1... 8/13/2012 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works September 24, 2012 Ordinance & Resolutions Item No. 10.1 By: Guy Johnson By: Kirk M cDonald, City Manager Resolution calling for a public hearing on assessments for infrastructure improvement No. 877_ (2011 Street Infrastructure Improvement Project) Requested Action Staff is recommending that the Council approve a resolution establishing a public hearing for October 22, 2012, to consider the assessments for the 2011 street and infrastructure improvement project. 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. The city's street infrastructure management plan identified areas for maintenance activities in 2011. Background Council authorized preparation of a feasibility report for the 2011 infrastructure project on September 27, 2010, and on November 22, the city engineer presented the feasibility report for this improvement project. Council reviewed the report and scheduled a public hearing for January 10, 2011. The city clerk notified the property owners regarding the proposed assessment project and a public hearing was held on January 10, 2011. After closing the public hearing, Council ordered construction of the 2011 infrastructure improvement project and authorized the preparation of plans and specifications. A public informational meeting concerning this project was held on Tuesday, January 25, 2011. Council approved plans and specifications and ordered advertisement for bids at the February 28 Council meeting. A contract was awarded to S. R. Weidema Inc., in the amount of $3,458,126.86, at the April 11 Council meeting. One change order was approved for $92,179.09 on November 28, 2011, bringing the revised contract to $3,550,305.95 Motion by /'jl%tC.. Second by To: r l�'! 1 I: \RFA \PUBWORKS \2012 \877 2011 Street Infrastructure Calling For Public Hearing.doc Request for Action September 24, 2012 Page 2 The 2011 infrastructure project involved street and utility infrastructure improvements. Based upon the analysis of street condition ratings, the project included Ensign Avenue, between Medicine Lake Road and Flag Avenue; and all streets between Boone Avenue and Nevada Avenue, south of the Crystal border and north of Medicine Lake Road. Most of the sanitary sewer improvements were related to the city's inflow and infiltration reduction program. Using the New Hope assessment policy, the city engineer has determined that the total cost for the street portion of the 2011 street and infrastructure improvement project is $2,451,567.72, and that the assessment rates per foot for residential properties are $25.99 for mill and overlay work, $51.39 for reclaim work, and $134.20 for reconstruction work. The assessment rates per foot for commercial /industrial properties are $38.98 for mill and overlay work, $77.09 for reclaim work, and $201.30 for reconstruction work. The 2011 street and infrastructure improvement project includes four tax exempt properties for assessment. The properties to be assessed for the 2011 street and infrastructure improvement project are: Address Front footgZe PID Number Assessment Amount Ambassador Good Samaritan 8100 27th Avenue N. 753 feet 19- 118 -21 -44 -0084 $58,048.77 Opportunity Partners Inc. 2705 Ensign Avenue N. 85 feet 19- 118 -21 -34 -0019 $4,368.15 Mt. Olivet Rolling Acres Inc. 8217 29th Avenue N. 85 feet 19- 118 -21 -44 -0020 $4,368.15 City of New Hope - Terra Linda Park 2701 Lamphere Dr. 437 feet 20- 118 -21 -33 -0125 $11,357.63 TOTAL: $78,142.70 The proposed total assessment amount for the project is $78,142.70. The city clerk will notify the property owners of the public hearing and their proposed assessment. Funding The remainder of the project cost is being funded by the sewer fund, water fund, storm water fund, and street infrastructure fund. Attachments Resolution prepared by the city attorney (exhibit B will be prepared by the city clerk) Memorandum from the city engineer I: \RFA \PUBWORKS \2012 \8772011 Street Infrastructure Calling For Public Hearing.doc RESOLUTION NO. 2012 - 144 RESOLUTION CALLING FOR PUBLIC HEARING ON ASSESSMENTS FOR INFRASTRUCTURE IMPROVEMENT NO. 877 (2011 Infrastructure Improvement Project) WHEREAS, the City Clerk, with the assistance of the City consulting engineer, has prepared an assessment roll for the 2011 Infrastructure Improvement No. 877, and said proposed assessment roll is on file with the City Clerk and open to public inspection; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as follows: 1. The Clerk shall publish notice that this Council will meet to consider the proposed assessments on October 22, 2012 at 7:00 p.m. at the City Hall, 4401 Xylon Avenue North of said City of New Hope, Minnesota. The published notice shall be in substantially the form set forth on Exhibit A attached hereto. 2. A copy of the notice in substantially the form set forth in Exhibit B attached hereto shall be mailed to the owners of each parcel of property described in the assessment roll. 3. Said notice attached as Exhibit A hereto shall be published by the City Clerk in the official newspaper at least two weeks prior to the hearing and the notice attached hereto as Exhibit B shall be mailed by the Clerk to the owners of each parcel described in the assessment roll. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. At any time thereafter, the owner may pay to the Finance Director or Assessment Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made on or before November 14 or interest will be charged through December 31 of the succeeding year. S. If the adopted assessment differs from the proposed assessment as to any particular lot, piece or parcel of land, the Clerk shall mail to the owner a notice stating the amount of the adopted assessment. Owners must also be notified by mail of any changes adopted by the Council in interest rates or prepayment requirements from those contained in the mailed notice of the proposed assessment. Adopted by the City Council this 24 day of September, 2012. 1: � 0 - Z-1 c��/ Kathi l4ernken, Mayor ZO Attest: c Valerie Leone, City Clerk EXHIBIT A NOTICE OF HEARING ON ASSESSMENTS FOR INFRASTRUCTURE IMPROVEMENT NO. 877 (2011 Infrastructure Improvement Project) TO WHOM IT MAY CONCERN: TIME AND PLACE AND Notice is hereby given that the City Council of the City of New GENERAL NATURE OF Hope, Minnesota, will meet in the City Hall at 4401 Xylon Avenue IMPROVEMENTS: North in the City of New Hope, Minnesota, on the 22 day of October, 2012 at 7:00 p.m. to consider objections to the proposed assessments for the 2011 Infrastructure Improvement No. 877 heretofore ordered by the City Council. The general nature of the improvement was the reconstruction of streets, installation of new ductile iron water main along streets being reconstructed as well as sanitary and storm sewer improvements. Only the street improvements are proposed to be specially assessed. The street improvements to be assessed involve three construction strategies including 1) Reconstruction, 2) Full Mill and one and %2 inch overlay and 3) Reclaim strategy. Reconstruction involves complete removal of the existing pavement, aggregate street base and curb and gutter. The street is then reconstructed using all new materials. Full Mill and 1 i / 2 " inch overlay is used where the crown in the street has not settled and the street is paved with a uniform layer of bituminous. The Reclaim strategy is used where the curb is structurally sound but the pavement has failed due to reasons unrelated to the aggregate base. This requires the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving. As per Figure 1 "2011 Proposed Project Area" set out in the Bonestroo's November 2010 feasibility report, the streets included in the project are as follows: a.) for Reconstruction — Quebec Avenue North from Lamphere Drive to Viewcrest Lane; 28 Avenue North from Winnetka to Boone Avenues North; Nevada Avenue North from Medicine Lake Road north to the cul -de -sac; Terra Linda Drive from Winnetka to Sumter Avenues North; Sumter Avenue North from Viewcrest Lane to Terra Linda Drive; Aquila Avenue North from 27 Place North to 29 Avenue North; Yukon Avenue North from 28 Avenue North to 27 Place north; 27 Place North from Aquila to Yukon Avenues North; Zealand Avenue North from Medicine Lake Road to 27 Place North; b.) for Reclaim — Virginia Avenue North from Medicine Lake Road north to the cul -de -sac; Rosalyn Court from Medicine Lake Road north to the cul -de -sac; Ensign Avenue North and Ensign Circle from Flag Avenue North to Medicine Lake Road; 29 Avenue North from Xylon to Winnetka Avenues North c.) for Mill and Overlay — Valle Vista from Quebec Avenue North to —3— Viewcrest Lane; Lamphere Drive from Terra Linda Drive to Medicine Lake Road; Xylon Avenue North from 29 Avenue North to Medicine Lake Road; 29 Avenue North from Aquila to Xylon Avenues North; Zealand Avenue North from 27 Place North to 28 Avenue North; Yukon Avenue North from 29 Avenue North north to the City limits. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. ASSESSMENT ROLE OPEN The proposed assessment roll is on file with the City Clerk and open TO INSPECTION: to public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or ASSESSED: parcel of land benefitted by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: PID NUMBER/ADDRESS: Address PID number Ambassador Good Samaritan 19- 118 -21 -44 -0084 810027 1h Avenue North Opportunity Partners, Inc. 19- 118 -21 -34 -0019 4741 Zealand Avenue North Mount Olivet Rolling Acres, Inc. 19- 118 -21 -44 -0020 4217 Boone Avenue North City of New Hope —Terra Linda Park 20- 118 -21 -33 -0125 2701 Lamphere Drive TOTAL AMOUNT OF The total amount proposed to be assessed is $78,142.70. PROPOSED ASSESSMENT; WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the District Court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court CL' within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota Statutes, Sections 435.193 to ASSESSMENTS: 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code section 1.60 et. al., a copy of which is available upon request at the office of the City Clerk. MAILED NOTICE: The notice of this hearing mailed to property owners contains additional information. DATED: September 24, 2012. BY ORDER OF THE CITY COUNCIL City Clerk P:\Attorney \SAS \l Client Files\2 City of New Hope \99 - 68771(2011 street proj.)\Resolution (Public Hearing Special Assess).doc —5— September 19, 2012 Stanteo Consulting Services Inc. za35 Highway »0West St. Pau|IVIN 55113 Tel: (051)030'4800 Fax: (651) 636-1311 Guy Johnson City of New Hope 5500 International Parkway New Hope, K8N55428 Re: 3U11 Infrastructure Improvements —Public Hearing on Assessments Client Project No.: 877 Stantec Project No.: 193800094 Dear Guy: The street construction costs have been identified and assessment rates calculated for the 2011 IDfraBLn]CtUP8 I[Dp[0VenlCDts, and now a resolution CDO he prepared CDUiDg for public hearing UD the assessment amounts. Three different rates have been calculated, one for each Ofthe three treatments that streets underwent. Each of the rates has a value for Connnlenjd| properties and residential properties. Tota Below is a summary of the calculated rates for the project: Project Cost = $4,527,110.61 Fin Project Total Street Cost = $2,451,567.72 Mill &Overlay RCCaOlab0D Reconstruction Residential Rate per F $25.99 $51.39 Commercial Rate per FF City policy states tax paying properties are exempt from assessment for infrastructure improvements. Therefore, assessment amounts have been calculated only for the tax exempt properties within the project. The table VO the following page lists the tax exempt properties and their corresponding assessment amount. Page 2 of 2 Reference: 2011 Infrastructure Improvements — Public Hearing on Assessments PropeLtj FF Treatment P rop a Rate Assessment Ambassador Good Samaritan 8100 27" Ave N. 753 Reclaim Commercial $77.09 $58,048.77 Opportunity Partners, Inc. 85 Reclaim Residential $51.39 $4,368.15 2705 Ensign Ave N. MT Olivet Rolling Acres, Inc. 8217 29 Ave N. 85 Reclaim Residential $51.39 $4,368.15 City of New Hope 437 Mill & Park $25.99 $11,357.63 Terra Linda Park Overlay Total Assessment Amount $78,142.70 It is recommended to prepare a resolution establishing a public hearing for October 22, 2012, to consider the assessments for the 2011 Infrastructure Improvements project. If you have any questions or require further information please call me at (651)604 -4808. Sincerely, STANTEC Ile Christopher W. Long, P.E. Cc: Shawn Markham - New Hope; Mark Hanson, Jason Petersen - Stantec. AFFIDAVIT OF MAILING HEARING NOTICE i1 � d : � � 1�1 � ► � i C� i l Z i l � � � l � � ] E: � STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE) I, the undersigned being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: On December 20, 2010, acting on behalf of the said City, I deposited in the United States mail at New Hope, Minnesota, a copy of the attached notice of a hearing on Improvement Project No. 877, mailed first class, with postage thereon fully prepaid, addressed to the persons at the addresses appearing opposite their respective names, list attached. There is a delivery service by United States mail between the place of mailing and the places so addressed. City Clerk Subscribed and sworn to before me this day of C' C- , 2010. My commission expires January 31, 2015. .. F:=.: �..,' ��_." ; ✓.�!"r/<✓...�if::ri�,r./✓ -.^�. ..f' !'rill Notary Public Hennepin County Mailing addresses: Ambassador Good Samaritan 810027 1h Avenue North New Hope, MN 55427 Opportunity Partners, Inc. 2705 Ensign Avenue North New Hope, MN 55427 Mount Olivet Rolling Acres, Inc. 8217 29` Avenue North New Hope, MN 55427 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Terra Linda Park 'WAWA NOTICE OF PUBLIC HEARING ON PROPOSED INFRASTRUCTURE IMPROVEMENT NO. 877 (2011 Infrastructure Improvement Project) City of New Hope Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on January 10, 2011, at 7:00 p.m at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed street and infrastructure improvement as described hereinafter. 2. The general nature of the improvement, as described in the November 2010 feasibility report entitled 2011 Infrastructure Improvement Project City Project No. 877, prepared by Bonestroo, Engineers for the City, is the reconstruction of streets, installation of new ductile iron water main along streets being reconstructed as well as sanitary and storm sewer improvements.. Only the street improvements are proposed to be specially assessed. The street improvements to be assessed involve three construction strategies including 1) Reconstruction, 2) Full Mill and one and '/2 inch overlay and 3) Reclaim strategy. Reconstruction involves complete removal of the existing pavement, aggregate street base and curb and gutter. The street is then reconstructed using all new materials. Full Mill and 1 '' /2" inch overlay is used where the crown in the street has not settled and the street is paved with a uniform layer of bituminous. The Reclaim strategy is used where the curb is structurally sound but the pavement has failed due to reasons unrelated to the aggregate base. This requires the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving. As per Figure 1 "2011 Proposed Project Area" set out in the Bonestroo's November 2010 feasibility report, the streets included in the project are as follows: a.) for Reconstruction — Quebec Avenue North from Lamphere Drive to Viewcrest Lane; 28 Avenue North from Winnetka to Boone Avenues North; Nevada Avenue North from Medicine Lake Road north to the cul- de -sac; Terra Linda Drive from Winnetka to Sumter Avenues North; Sumter Avenue North from Viewcrest Lane to Terra Linda Drive; Aquila Avenue North from 27 Place North to 29 Avenue North; Yukon Avenue North from 28 Avenue North to 27 Place North; 27 Place North from Aquila to Yukon Avenues North; Zealand Avenue North from Medicine Lake Road to 27 Place North; b.) for Reclaim — Virginia Avenue North from Medicine Lake Road north to the cul -de -sac; Rosalyn Court from Medicine Lake Road north to the cul -de -sac; Ensign Avenue North and Ensign Circle from Flag Avenue North to Medicine Lake Road; 29 Avenue North from Xylon to Winnetka Avenues North c.) for Mill and Overlay — Valle Vista from Quebec Avenue North to Viewcrest Lane; Lamphere Drive from Terra Linda Drive to Medicine Lake Road; Xylon Avenue North from 29 Avenue North to Medicine Lake Road; 29 Avenue North from Aquila to Xylon Avenues North; Zealand Avenue North from 27 Place North to 28 Avenue North; Yukon Avenue North from 29 Avenue North north to the City limits. The street i 170 4401 Xylon Avenue North * New Hope, Minnesota 55428 -4898 * www. ci.new- hope.mn.us City Hall: 263- 531 -5100 ® Police (non - emergency): 763- 531 -5170 o Public Works: 763 - 592 -6777 ® TDD: 763 -531 -5109 City Hall Fax: 763 -531 -5136 o Police Fax: 763 - 531 -5174 ® Public Works Fax: 763 -592 -6776 reconstruction project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. The tax exempt properties to be assessed for the 2011 Infrastructure Project 877 are as follows: Address PID number Estimated Assessment Ambassador Good Samaritan 19- 118 -21 -44 -0084 $55,353.03 810027 th Avenue North Opportunity Partners, Inc. 19- 118 -21 -34 -0019 $4,165.85 2705 Ensign Avenue North Mount Olivet Rolling Acres, Inc. 19- 118 -21 -44 -0020 $4,165.85 8217 29 Avenue North City of New Hope 20- 118 -21 -33 -0125 $21,417.37 Terra Linda Park 3. The estimated cost of said improvement is $4,475,350.00. 4. The area proposed to be assessed for the making of said improvement shall include the premises described in paragraph 2. above. At the hearing a reasonable estimate of the impact of the assessment will be available for the proposed assessable properties. 5. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 20 day of December, 2010. s\ Valerie Leone Valerie Leone City Clerk Notices Mailed on 10/3/12. Address Front Footage PID Number Assessment Ambassador Good Samaritan 8100 27th Avenue N. Opportunity Partners, Inc. 2705 Ensign Avenue N Mt. Olivet Rolling Acres, Inc. 8217 29th Avenue N. City of New Hope -Terra Linda Park 2701 Lamphere Dr. 753 feet 19- 118 -21 -44 -0084 $58,048.77 85 feet 19- 118 -21 -34 -0019 $4,368.15 85 feet 19- 118 -21 -44 -0020 $4,368.15 437 feet 20- 118 -21 -33 -0125 $11,357.63 —5— NOTICE OF HEARING ON ASSESSMENTS FOR 2011 INFRASTRUCTURE IMPROVEMENT NO. 877 TO: Ambassador Good Samaritan PROPERTY TO BE ASSESSED: 19- 118 -21 -44 -0084, 8100 27th Avenue North ASSESSMENT: $58,048.77 INTEREST RATE/TERM: 6 % over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 22 °d day of October, 2012 at 7:0012.m to consider objections to the proposed assessments for the 2011 Infrastructure Improvement No. 877 heretofore ordered by the City Council. The general nature of the improvement was the reconstruction of streets, installation of new ductile iron water main along streets being reconstructed as well as sanitary and storm sewer improvements. Only the street improvements are proposed to be specially assessed. The street improvements to be assessed involve three construction strategies including 1) Reconstruction, 2) Full Mill and one and 1 /2 inch overlay and 3) Reclaim strategy. Reconstruction involves complete removal of the existing pavement, aggregate street base and curb and gutter. The street is then reconstructed using all new materials. Full Mill and 1 1 /2" inch overlay is used where the crown in the street has not settled and the street is paved with a uniform layer of bituminous. The Reclaim strategy is used where the curb is structurally sound but the pavement has failed due to reasons unrelated to the aggregate base. This requires the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving. As per Figure 1 "2011 Proposed Project Area" set out in the Bonestroo's November 2010 feasibility report, the streets included in the project are as follows: a) for Reconstruction — Quebec Avenue North from Lamphere Drive to Viewcrest Lane; 28th Avenue North from Winnetka to Boone Avenues North; Nevada Avenue North from Medicine Lake Road north to the cul -de -sac; Terra Linda Drive from Winnetka to Sumter Avenues North; Sumter Avenue North from Viewcrest Lane to Terra Linda Drive; Aquila Avenue North from 27th Place North to 29th Avenue North; Yukon Avenue North from 28t Avenue North to 27th Place north; 27 Place North from Aquila to Yukon Avenues North; Zealand Avenue North from Medicine Lake Road to 27 Place North; b) for Reclaim — Virginia Avenue North from Medicine Lake Road north to the cul -de -sac; Rosalyn Court from 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 ® www. ci.new- hope.mn.us . City Hall: 763- 531 -5100 ® Police (non - emergency): 763- 531 -5170 ® Public Works: 763 - 592 -6777 ® TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 ® Police Fax: 763 -531 -5174 ® Public Works Fax: 763- 592 -6776 Medicine Lake Road north to the cul -de -sac, Ensign Avenue North and Ensign Circle from Flag Avenue North to Medicine Lake Road; 29th Avenue North from Xylon to Winnetka Avenues North; c) for Mill and Overlay — Valle Vista from Quebec Avenue North to Viewcrest Lane; Lamphere Drive from Terra Linda Drive to Medicine Lake Road; Xylon Avenue North from 29th Avenue North to Medicine Lake Road; 29 Avenue North from Aquila to Xylon Avenues North; Zealand Avenue North from 27 Place North to 28th Avenue North; Yukon Avenue North from 29 Avenue North north to the City Iimits. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. ASSESSMENT ROLL OPEN TO The proposed assessment roll is on file with the City Clerk and open to INSPECTION: public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER/PID NUMBER/ Ambassador Good Samaritan ADDRESS: 19- 118 -21 -44 -0084, 8100 27th Avenue N. Opportunity Partners, Inc. 19- 118 -21 -34 -0019, 2705 Ensign Avenue N. Mt. Olivet Rolling Acres, Inc. 19- 118 -21 -44 -0020, 8217 29th Avenue N. City of New Hope -Terra Linda Park 20- 118 -21 -33 -0125, 2701 Lamphere Dr. TOTAL AMOUNT OF The total amount proposed to be assessed is $78,142.70. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. —2— LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1.60 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 6 %. ASSESSMENT Unless you choose to prepay your assessment, the assessment will be certified INSTALLMENTS: to your real estate taxes commencing with taxes payable in 2013. The assessment will be spread in equal annual installments over 10 years bearing interest at 6 %. The first installment will include interest on the total assessment from November 1, 2012, through December 31, 2013, or 14 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City prior to December 1, 2012, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. -3- PAYMENT IN In subsequent years, the principal balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. October 3, 2012 BY ORDER OF THE CITY COUNCIL s/ Valerie Leone City Clerk NOTICE OF HEARING ON ASSESSMENTS FOR 2011 INFRASTRUCTURE IMPROVEMENT NO. 877 TO: PROPERTY TO BE ASSESSED: ASSESSMENT: INTEREST RATE /TERM: Opportunity Partners, Inc. 19- 118 -21 -34 -0019, 2705 Ensign Avenue North $4,368.15 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 22 nd day of October, 2012 at 7:00 p.m to consider objections to the proposed assessments for the 2011 Infrastructure Improvement No. 877 heretofore ordered by the City Council. The general nature of the improvement was the reconstruction of streets, installation of new ductile iron water main along streets being reconstructed as well as sanitary and storm sewer improvements. Only the street improvements are proposed to be specially assessed. The street improvements to be assessed involve three construction strategies including 1) Reconstruction, 2) Full Mill and one and 1 /2 inch overlay and 3) Reclaim strategy. Reconstruction involves complete removal of the existing pavement, aggregate street base and curb and gutter. The street is then reconstructed using all new materials. Full Mill and 1 1 /2" inch overlay is used where the crown in the street has not settled and the street is paved with a uniform layer of bituminous. The Reclaim strategy is used where the curb is structurally sound but the pavement has failed due to reasons unrelated to the aggregate base. This requires the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving. As per Figure 1 "2011 Proposed Project Area" set out in the Bonestroo's November 2010 feasibility report, the streets included in the project are as follows: a) for Reconstruction — Quebec Avenue North from Lamphere Drive to Viewcrest Lane; 28 Avenue North from Winnetka to Boone Avenues North; Nevada Avenue North from Medicine Lake Road north to the cul -de -sac; Terra Linda Drive from Winnetka to Sumter Avenues North; Sumter Avenue North from Viewcrest Lane to Terra Linda Drive; Aquila Avenue North from 27 Place North to 29 Avenue North; Yukon Avenue North from 28t" Avenue North to 27 11, Place north; 27 Place North from Aquila to Yukon Avenues North; Zealand Avenue North from Medicine Lake Road to 27 Place North; b) for Reclaim — Virginia Avenue North from Medicine Lake Road north to the cul -de -sac; Rosalyn Court from • 60 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 ® www. ci.new- hope.mn.us City Hall: 763- 531 -5100 ® Police (non - emergency): 763 -531 -5170 ® Public Works: 763- 592 -6777 ® TDD: 763 - 531 -5109 City Hall Fax: 763- 531 -5136 ® Police Fax: 763- 531 -5174 e Public Works Fax: 763 - 592 -6776 Medicine Lake Road north to the cul -de -sac; Ensign Avenue North and Ensign Circle from Flag Avenue North to Medicine Lake Road; 29th Avenue North from Xylon to Winnetka Avenues North; c) for Mill and Overlay — Valle Vista from Quebec Avenue North to Viewcrest Lane; Lamphere Drive from Terra Linda Drive to Medicine Lake Road; Xylon Avenue North from 29 Avenue North to Medicine Lake Road; 29 Avenue North from Aquila to Xylon Avenues North; Zealand Avenue North from 27th Place North to 28th Avenue North; Yukon Avenue North from 29 Avenue North north to the City limits. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. ASSESSMENT ROLL OPEN TO The proposed assessment roll is on file with the City Clerk and open to INSPECTION: public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER/PID NUMBER/ Ambassador Good Samaritan ADDRESS: 19- 118 -21 -44 -0084, 8100 27th Avenue N. Opportunity Partners, Inc. 19- 118 -21 -34 -0019, 2705 Ensign Avenue N. Mt. Olivet Rolling Acres, Inc. 19- 118 -21 -44 -0020, 8217 29th Avenue N. City of New Hope -Terra Linda Park 20- 118 -21 -33 -0125, 2701 Lamphere Dr. TOTAL AMOUNT OF The total amount proposed to be assessed is $78,142.70. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. -2- LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1.60 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 6 %. ASSESSMENT Unless you choose to prepay your assessment, the assessment will be certified INSTALLMENTS: to your real estate taxes commencing with taxes payable in 2013. The assessment will be spread in equal annual installments over 10 years bearing interest at 6 %. The first installment will include interest on the total assessment from November 1, 2012, through December 31, 2013, or 14 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City prior to December 1, 2012, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. -3- PAYMENT IN In subsequent years, the principal balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. October 3, 2012 BY ORDER OF THE CITY COUNCIL s/ Valerie Leone City Clerk 31 Or NOTICE OF HEARING ON ASSESSMENTS FOR 2011 INFRASTRUCTURE IMPROVEMENT NO. 877 TO: Mt. Olivet Rolling Acres, Inc. PROPERTY TO BE ASSESSED: 19- 118 -21 -44 -0020, 8217 29th Avenue North ASSESSMENT: $4,368.15 INTEREST RATE/TERM: 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 22nd day of October, 2012 at 7:00 p.m to consider objections to the proposed assessments for the 2011 Infrastructure Improvement No. 877 heretofore ordered by the City Council. The general nature of the improvement was the reconstruction of streets, installation of new ductile iron water main along streets being reconstructed as well as sanitary and storm sewer improvements. Only the street improvements are proposed to be specially assessed. The street improvements to be assessed involve three construction strategies including 1) Reconstruction, 2) Full Mill and one and 1 /2 inch overlay and 3) Reclaim strategy. Reconstruction involves complete removal of the existing pavement, aggregate street base and curb and gutter. The street is then reconstructed using all new materials. Full Mill and 1 1 /2" inch overlay is used where the crown in the street has not settled and the street is paved with a uniform layer of bituminous. The Reclaim strategy is used where the curb is structurally sound but the pavement has failed due to reasons unrelated to the aggregate base. This requires the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving. As per Figure 1 "2011 Proposed Project Area" set out in the Bonestroo's November 2010 feasibility report, the streets included in the project are as follows: a) for Reconstruction — Quebec Avenue North from Lamphere Drive to Viewcrest Lane; 28 Avenue North from Winnetka to Boone Avenues North; Nevada Avenue North from Medicine Lake Road north to the cul -de -sac; Terra Linda Drive from Winnetka to Sumter Avenues North; Sumter Avenue North from Viewcrest Lane to Terra Linda Drive; Aquila Avenue North from 27 Place North to 29 Avenue North; Yukon Avenue North from 28 Avenue North to 27 Place north; 27 Place North from Aquila to Yukon Avenues North; Zealand Avenue North from Medicine Lake Road to 27 Place North; b) for Reclaim — Virginia Avenue North from Medicine Lake Road north to the cul -de -sac; Rosalyn Court from i ! 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 ® www. ci.new- hope.mn.us City Hall: 763 -531 -5100 . Police (non - emergency): 763 - 531 -5170 ® Public Works: 763- 592 -6777 ® TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 ® Police Fax: 763- 531 -5174 ® Public Works Fax: 763- 592 -6776 Medicine Lake Road north to the cul -de -sac; Ensign Avenue North and Ensign Circle from Flag Avenue North to Medicine Lake Road; 29 Avenue North from Xylon to Winnetka Avenues North; 0 for Mill and Overlay — Valle Vista from Quebec Avenue North to Viewcrest Lane; Lamphere Drive from Terra Linda Drive to Medicine Lake Road; Xylon Avenue North from 29 Avenue North to Medicine Lake Road; 29 Avenue North from Aquila to Xylon Avenues North; Zealand Avenue North from 27th Place North to 28th Avenue North; Yukon Avenue North from 29 Avenue North north to the City limits. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. ASSESSMENT ROLL OPEN TO The proposed assessment roll is on file with the City Clerk and open to INSPECTION: public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER/PID NUMBER/ Ambassador Good Samaritan ADDRESS: 19- 118 -21 -44 -0084, 8100 27th Avenue N. Opportunity Partners, Inc. 19- 118 -21 -34 -0019, 2705 Ensign Avenue N. Mt. Olivet Rolling Acres, Inc. 19- 118 -21 -44 -0020, 8217 29th Avenue N. City of New Hope -Terra Linda Park 20- 118 -21 -33 -0125, 2701 Lamphere Dr. TOTAL AMOUNT OF The total amount proposed to be assessed is $78,142.70. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. M LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1.60 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 6 %. ASSESSMENT Unless you choose to prepay your assessment, the assessment will be certified INSTALLMENTS: to your real estate taxes commencing with taxes payable in 2013. The assessment will be spread in equal annual installments over 10 years bearing interest at 6 %. The first installment will include interest on the total assessment from November 1, 2012, through December 31, 2013, or 14 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City prior to December 1, 2012, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. -3- PAYMENT IN In subsequent years, the principal balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. October 3, 2012 BY ORDER OF THE CITY COUNCIL sJ Valerie Leone City Clerk NOTICE OF HEARING ON ASSESSMENTS FOR 2011 INFRASTRUCTURE IMPROVEMENT NO. 877 Im PROPERTY TO BE ASSESSED: ASSESSMENT: INTEREST RATE /TERM: City of New Hope — Terra Linda Park 20- 118 -21 -33 -0125, 2701 Lamphere Drive $11,357.63 6% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on the 22 °d day of October, 2012 at 7:0012.m to consider objections to the proposed assessments for the 2011 Infrastructure Improvement No. 877 heretofore ordered by the City Council. The general nature of the improvement was the reconstruction of streets, installation of new ductile iron water main along streets being reconstructed as well as sanitary and storm sewer improvements. Only the street improvements are proposed to be specially assessed. The street improvements to be assessed involve three construction strategies including 1) Reconstruction, 2) Full Mill and one and 1 /2 inch overlay and 3) Reclaim strategy. Reconstruction involves complete removal of the existing pavement, aggregate street base and curb and gutter. The street is then reconstructed using all new materials. Full Mill and 1 1 /2" inch overlay is used where the crown in the street has not settled and the street is paved with a uniform layer of bituminous. The Reclaim strategy is used where the curb is structurally sound but the pavement has failed due to reasons unrelated to the aggregate base. This requires the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving. As per Figure 1 "2011 Proposed Project Area" set out in the Bonestroo's November 2010 feasibility report, the streets included in the project are as follows: a) for Reconstruction — Quebec Avenue North from Lamphere Drive to Viewcrest Lane; 28 Avenue North from Winnetka to Boone Avenues North; Nevada Avenue North from Medicine Lake Road north to the cul -de -sac; Terra Linda Drive from Winnetka to Sumter Avenues North; Sumter Avenue North from Viewcrest Lane to Terra Linda Drive; Aquila Avenue North from 27th Place North to 29 Avenue North; Yukon Avenue North from 28th Avenue North to 27 Place north; 27 Place North from Aquila to Yukon Avenues North; Zealand Avenue North from Medicine Lake Road to 27 Place North; b) for Reclaim — Virginia Avenue North from Medicine Lake Road north to the cul -de -sac; Rosalyn Court from 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 ® www. ci.new- hope.mn.us City Hall: 763- 531 -5100 ® Police (non - emergency): 763 - 531 -5170 ® Public Works: 763 -592 -6777 a TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 a Police Fax: 763 -531 -5174 ® Public Works Fax: 763- 592 -6776 Medicine Lake Road north to the cul -de -sac; Ensign Avenue North and Ensign Circle from Flag Avenue North to Medicine Lake Road; 29 Avenue North from Xylon to Winnetka Avenues North; c) for Mill and Overlay — Valle Vista from Quebec Avenue North to Viewcrest Lane; Lamphere Drive from Terra Linda Drive to Medicine Lake Road; Xylon Avenue North from 29 Avenue North to Medicine Lake Road; 29th Avenue North from Aquila to Xylon Avenues North; Zealand Avenue North from 27th Place North to 28 Avenue North; Yukon Avenue North from 29 Avenue North north to the City limits. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. ASSESSMENT ROLL OPEN TO The proposed assessment roll is on file with the City Clerk and open to INSPECTION: public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER/PID NUMBER/ Ambassador Good Samaritan ADDRESS: 19- 118 -21 -44 -0084, 8100 27th Avenue N. Opportunity Partners, Inc. 19- 118 -21 -34 -0019, 2705 Ensign Avenue N. Mt. Olivet Rolling Acres, Inc. 19- 118 -21 -44 -0020, 8217 29th Avenue N. City of New Hope -Terra Linda Park 20- 118 -21 -33 -0125, 2701 Lamphere Dr. TOTAL AMOUNT OF The total amount proposed to be assessed is $78,142.70. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. —2— LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Minnesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1.60 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 6 %, ASSESSMENT Unless you choose to prepay your assessment, the assessment will be certified INSTALLMENTS: to your real estate taxes commencing with taxes payable in 2013. The assessment will be spread in equal annual installments over 10 years bearing interest at 6 %. The first installment will include interest on the total assessment from November 1, 2012, through December 31, 2013, or 14 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City to December 1, 2012, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. -3- PAYMENT IN In subsequent years, the principal balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. October 3, 2012 BY ORDER OF THE CITY COUNCIL s/ Valerie Leone City Clerk M COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works October 22, 2012 Public Hearin Item No. 7.1 By: Guy Johnson B Kirk McDonald, City Manage Resolution adopting assessments for improvement project No. 877 (2011 street infrastructure improvement project) Requested Action Staff is recommending that the Council approve a resolution to adopt the proposed assessments for the 2011 street infrastructure improvement project No. 877. Policy /Past Practice Assessments are proposed to be levied against benefited, tax - exempt properties, in accordance with New Hope's assessment policy. Background Council authorized preparation of a feasibility report for the 2011 infrastructure project on September 27, 2010, and on November 22, the city engineer presented the feasibility report for this improvement project. Council reviewed the report and scheduled a public hearing for January 10, 2011. The city clerk notified the property owners regarding the proposed assessment project and a public hearing was held on January 10, 2011. After closing the public hearing, Council ordered construction of the 2011 infrastructure improvement project and authorized the preparation of plans and specifications. Council approved plans and specifications and ordered advertisement for bids at the February 28 Council meeting. A contract in the amount of $3,458,126.86 was awarded to S. R. Weidema Inc. at the April 11 Council meeting. There was one change order approved on November 28, 2011, to install a water main and reconstruct Zealand Avenue, between 27th Place and 28th Avenue for $92,179.09. With the change order, the revised contract totaled $3,550,305.95. Motion by \ : Second by I: \RFA \PUBWORKS \2012 \877 2011 Street Infrastructure Public Hearing Adopting Assessments.doc Request for Action October 22, 2012 Page 2 The 2011 infrastructure project involved street and utility infrastructure improvements. Based upon the analysis of street condition ratings, the project included Ensign Avenue, between Medicine Lake Road and Flag Avenue; and all streets between Boone Avenue and Nevada Avenue, south of the Crystal border and north of Medicine Lake Road. Most of the sanitary sewer improvements were related to the city's inflow and infiltration reduction program. On September 24, 2012, Council approved a resolution declaring the cost to be assessed and established a public hearing to consider the assessments at the October 22 Council meeting. The city clerk has notified the property owners of the public hearing and the proposed assessment. Using the New Hope assessment policy, the city engineer has determined that the total cost for the street portion of the 2011 street and infrastructure improvement project is $2,451,567.72, and that the assessment rates per foot for residential properties are $25.99 for mill and overlay work, $51.39 for reclaim work, and $134.20 for reconstruction work. The assessment rates per foot for commercial /industrial properties are $38.98 for mill and overlay work, $77.09 for reclaim work, and $201.30 for reconstruction work. The 2011 street and infrastructure improvement project includes four tax exempt properties for assessment. The properties to be assessed for the 2011 street and infrastructure improvement project are: Address Front footage PID Number Assessment Amount Ambassador Good Samaritan 8100 27th Avenue N. 753 feet 19- 118 -21 -44 -0084 $58,048.77 Opportunity Partners Inc. 2705 Ensign Avenue N. 85 feet 19- 118 -21 -34 -0019 $4,368.15 Mt. Olivet Rolling Acres Inc. 8217 29th Avenue N. 85 feet 19- 118 -21 -44 -0020 $4,368.15 City of New Hope - Terra Linda Park 2701 Lamphere Dr. 437 feet 20- 118 -21 -33 -0125 $11,357.63 TOTAL: $78,142.70 The proposed total assessment amount for the project is $78,142.70. Funding The remainder of the project cost is being funded by the sewer fund, water fund, storm water fund, and street infrastructure fund. Attachments A resolution prepared by the city attorney and a memorandum from the city engineer is attached. I: \RFA \PUBWORKS \2012 \877 2011 Street Infrastructure Public Hearing Adopting Assessments.doc RESOLUTION NO. 12 - 156 RESOLUTION ADOPTING ASSESSMENT FOR INFRASTRUCTURE IMPROVEMENT PROJECT NO. 877 (2011 Infrastructure Improvements) WHEREAS, pursuant to notice duly given as required by law, the City Council met on October 22, 2012 and heard and passed on all objections to the proposed assessment for the 2011 Infrastructure Improvement Project No. 877, and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. Such proposed assessment, a copy of which is attached hereto and made apart hereof is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefitted by the proposed improvement. 2. Such assessments shall be as follows: a. The assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of said installments to be payable with general taxes for the year 2013, collectible with such taxes during the year 2013. b. To the first installment shall be added interest at the rate of six percent (6 %) per annum on the entire principal amount of the assessment from the date of this Resolution until December 31" of the year in which such installment is payable. To each subsequent installment, when due there shall be added interest for one year at said rate on the unpaid principal amount of the assessment. C. The owner of any property so assessed may at any time prior to the certification of the assessment or the first installment thereof to the County Auditor, pay the whole of the principal amount of the assessment on such property with interest accrued to the date of payment to the City Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the date hereof; and such property owner may at any time prior to November 15 of any year pay to the County Auditor the entire principal amount of the assessment remaining due with interest accrued to December 31" of the year in which said payment is made. 3. The City Clerk shall forthwith transmit a certified duplicate copy of this assessment to the County Auditor to be extended on the tax list of the County. Adopted by the City Council this 22 day of October, 2012. Kathi Hemken, Mayor Attest: Valerie Leone, City Clerk PMTTORNEY\SAS \1 CLIENT FILES@ CITY OF NEW HOPE \99-68771(2011 STREET PRO1J\RFSOLUTION ADOPTING ASSESSMENT.DOC Assessment Roll — Project 877 Address Front Footage PID Number Assessment Ambassador Good Samaritan 8100 27th Avenue N. 753 feet 19- 118 -21 -44 -0084 $58,048.77 Opportunity Partners, Inc. 2705 Ensign Avenue N. 85 feet 19- 118 -21 -34 -0019 $4,368.15 Mt. Olivet Rolling Acres, Inc. 8217 29th Avenue N. 85 feet 19- 118 -21 -44 -0020 $4,368.15 City of New Hope -Terra Linda Park 2701 Lamphere Dr. 437 feet 20- 118 -21 -33 -0125 $11,357.63 ,fit , Stantec October 17, 2012 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: 2011 Infrastructure Improvements — Public Hearing on Assessments Client Project No.: 877 Stantec Project No.: 193800094 Dear Guy: The street construction costs have been identified and assessment rates calculated for the 2011 Infrastructure Improvements and now a public hearing can be held. Three different rates have been calculated, one for each of the three treatments that streets underwent. Each of the rates has a value for commercial properties and residential properties. Below is a summary of the calculated rates for the project: Total Project Cost = $4,527,110.61 Final Project Total Street Cost = $2,451,567.72 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 Treatment /Rate Mill & Overlay Reclamation Reconstruction Residential Rate per FF $25.99 $51.39 $134.20 Commercial Rate per FF $38.98 $77.09 $201.30 City policy states tax paying properties are exempt from assessment for infrastructure improvements. Therefore, assessment amounts have been calculated only for the tax exempt properties within the project. The table on the following page lists the tax exempt properties and their corresponding assessment amount. Stantec Page 2 of 2 Reference: 2011 Infrastructure Improvements — Public Hearing on Assessments Propert F Propert F Treatment Type Rate Assessment Ambassador Good Samaritan 810027 th Ave N. 753 Reclaim Commercial $77.09 $58,048.77 Opportunity Partners, Inc. 85 Reclaim Residential $51.39 $4,368.15 2705 Ensign Ave N. MT Olivet Rolling Acres, Inc. 8217 29 Ave N. 85 Reclaim Residential $51.39 $4,368.15 City of New Hope 437 Mill & Park $25.99 $11,357.63 Terra Linda Park Overlay Total Assessment Amount $78,142.70 It is recommended to adopt the assessments for the 2011 Infrastructure Improvements project. If you have any questions or require further information please call me at (651)604 -4808. Sincerely, STANTEC W. X.' Christopher W. Long, P.E. Cc: Shawn Markham — New Hope; Mark Hanson, Jason Petersen — Stantec. 1 L I I I I I I 0 l ca V--1 ULJ LL iF 3 14m noun ®�� ®� �A� ®� ®�0� ��® ®AAA � ®�� ®�r' ®�0® � ;�� A ■ CEO -0010 O O CD C> C:> CD u Z o Lij CD 57 rj ui > 2 rL LU 0 Lf) D uj F- Z U z :D ui CL CD O U- Q LL C) r, -i LU T C) TTOZ/t 6MP'TO(34ZOZZZOliE\5m(]\(IVD\OLZZOltE\iE\:I www.MinnLocal.com City of New Hope an oath, states or affirms that he is the Chief (Official Publication) Financial Officer of the newspaper(s) known CITY OF NEW HOPE as NOTICE OF HEARING ON GV, NH, Crystal, Robbinsdale Sun -Post ASSESSMENTS FOR 2011 INFRASTRUCTURE JULIA (. Hf3LKENN IMPROVEMENT NO. 877 . .�.....�. . �.... iiw E A Notice is hereby given that the City Coun- cil of the City of New Hope, Minnesota, AFFIDAVIT OF PUBLICATION will meet in the City Hall at 4401 Xylon Avenue North in the City of New Hope, below: Minnesota, on the 22nd day of October, STATE OF MINNESOTA ) 2012 at 7:00 p.m. to consider objections (A) The newspaper has complied with all of to the proposed assessments for the ss. 2011 Infrastructure Improvement No. 877 COUNTY OF HENNEPIN ) heretofore ordered by the City Council. Richard Hendrickson being duly sworn on The general nature of the improvement was the reconstruction of streets, instal - an oath, states or affirms that he is the Chief lation of new ductile iron water main Financial Officer of the newspaper(s) known along streets being reconstructed as well as sanitary and storm sewer improve - as ments. Only the street improvements are GV, NH, Crystal, Robbinsdale Sun -Post proposed to be specially assessed. The street improvements to be assessed in- JULIA (. Hf3LKENN volve three construction strategies in- NOTARY P"O"f MINNF.S 'rA cluding 1) Reconstruction, 2) Full Mill and one and 1/2 inch overlay and 3) Reclaim and has full knowledge of the facts stated strategy. Reconstruction involves com- below: plete removal of the existing pavement, aggregate street base and curb and gut - (A) The newspaper has complied with all of ter.The street is then reconstructed using the requirements constituting qualifica- all new materials. Full Mill and 1 1/2" inch overlay is used where the crown in the tion as a qualified newspaper as provid- street has not settled and the street is ed by Minn. Stat. §331A.02, §331A.07 paved with a uniform layer of bituminous. The Reclaim strategy is used where the and other applicable laws as amended. curb is structurally sound but the pave - (B) The printed public notice that is attached ment la,liled due to reasons unrelated was published in said newspaper(s) to the aggregate base. This requires the removal of all bituminous surfacing, once each week, for One Successive preparation of existing aggregate base week(s); it was first published on Thurs- and new bituminous paving. As per Fig - ure 1 "2011 Proposed Project Area" set day, the 4 day of October out in the Bonestroo's November 2010 2012, and was thereafter printed and feasibility report, the streets included in the project are as follows: a.) for Recon- published on every Thursday to and in struction — Quebec Avenue North from cludin Thursday, __ d of g y y Lamphere Drive to Viewcrest Lane; 28th Avenue North from Winnetka to Boone 2012; and printed Avenues North; Nevada Avenue North below is a co Of the lowe C1Se alpha- PY p from Medicine Lake Road north to the cul -de -sac; Terra Linda Drive from Win. bet from A to Z, both inclusive, Which is netka to Sumter Avenues North; Sumter hereby acknowledged as being the size Y g g Avenue North from Viewcrest Lane to Terra Linda Drive; Aquila Avenue North and kind of type used in the composition from 27th Place North to 29th Avenue and p ublication of the notice: p North ;Yukon Avenue North from 28th Av- enue North to 27th Place north; 27th Place North from Aquila to Yukon Av- abcdefg enues North; Zealand Avenue North from Medicine lake Road to 27th Place North; i b.) for Reclaim — Virginia Avenue North from Medicine Lake Road north to the cul -de -sac; Rosalyn Court from Medicine Lake Road north to the cul -de -sac; En- 'Zc sign Avenue North and Ensign Circle BY: " �.�\ from Flag Avenue North to Medicine Lake Road; 29th Avenue North from CFO Xylon to Winnetka Avenues North c.) for Mill and Overlay — Valle Vista from Que- bec Avenue North to Viewcrest Lane; Lamphere Drive from Terra Linda Drive to Subscribed and sworn to or affirmed Medicine Lake Road; Xylon Avenue before me on this 4 day of North from 29th Avenue North to Medi- tine Lake Road; 29th Avenue North from October 2012, Aquila to Xylon Avenues North; Zealand Avenue North from 27th Place North to 28th Avenue North; Yukon Avenue North from 29th Avenue North north to the City . M y Comm. Exp. X2111. 31 2015 with proposed assessment roll is on file with the City Clerk and open to public in- loop spection. The area proposed to be assessed con- sists of every lot, piece or parcel of land benefitted by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: Address PID number Ambassador 19- 118 -21 -44 -0084 Good Samaritan 8100 27th Avenue North Opportunity 19- 118 -21 -34 -0019 Partners, Inc. 4741 Zealand Avenue North Mount Olivet 19- 118 -21 -44 -0020 Rolling Acres, Inc. 4217 Boone Avenue North City of New Hope— 20- 118 -21 -33 -0125 Terra Linda Park 2701 Lamphere Drive The total amount proposed to be as- sessed is $78,142.70. Written or oral objections will be consid- ered at the hearing. An owner of property to be assessed may appeal the assessment to the District Court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding of- ficer at the hearing. All objections to the assessments not received at the assess- ment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a rea- sonable cause. Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any home- stead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Min- nesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code section 1.60 et. al., a copy of which is available upon request at the of- fice of the City Clerk, The notice of this hearing mailed to prop- erty owners contains additional informa- tion. Dated: September 24, 2012 BY ORDER OF THE CITY COUNCIL s/Valerie Leone City Clerk (Oct. 4, 2012) P2- ImprovementNo877 limits. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the The City allocates Notary Public project. annually a portion of real estate taxes to its Street Fund for street projects. There- fore only properties exempt from real es- JULIA (. Hf3LKENN tate taxes are specially assessed for the cost of street improvements according to NOTARY P"O"f MINNF.S 'rA the City's special assessment policy. . M y Comm. Exp. X2111. 31 2015 with proposed assessment roll is on file with the City Clerk and open to public in- loop spection. The area proposed to be assessed con- sists of every lot, piece or parcel of land benefitted by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: Address PID number Ambassador 19- 118 -21 -44 -0084 Good Samaritan 8100 27th Avenue North Opportunity 19- 118 -21 -34 -0019 Partners, Inc. 4741 Zealand Avenue North Mount Olivet 19- 118 -21 -44 -0020 Rolling Acres, Inc. 4217 Boone Avenue North City of New Hope— 20- 118 -21 -33 -0125 Terra Linda Park 2701 Lamphere Drive The total amount proposed to be as- sessed is $78,142.70. Written or oral objections will be consid- ered at the hearing. An owner of property to be assessed may appeal the assessment to the District Court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding of- ficer at the hearing. All objections to the assessments not received at the assess- ment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a rea- sonable cause. Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any home- stead property owned by a person 65 years of age or older, retired disabled homeowners or members of the Min- nesota National Guard or other military reserves ordered into active service for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code section 1.60 et. al., a copy of which is available upon request at the of- fice of the City Clerk, The notice of this hearing mailed to prop- erty owners contains additional informa- tion. Dated: September 24, 2012 BY ORDER OF THE CITY COUNCIL s/Valerie Leone City Clerk (Oct. 4, 2012) P2- ImprovementNo877 COUNCIL �' re - Request for Action te Originating Department Approved for Agenda Agenda Section Public Works September 16, 2013 Work Session Item No. By: Guy Johnson By: Kirk McDonald, City Manager 11.4 Discussion regarding turf restoration in the area of the 2011 street infrastructure project (improvement project 877) Requested Action Staff would like to discuss the 2011 street project's sod restoration issue. Background As part of the 2011 street infrastructure project, sod was installed in boulevard areas that were disturbed due to replacement of utilities. The sod was placed in the fall of 2011 while restoring the boulevard areas of the street project. The majority of the new sod appeared to establish itself through the spring and summer of 2012. It then appeared that a significant portion of the sod began to deteriorate over the dry fall months of 2012, and this spring there was a substantial number of areas where the sod did not survive, The Council, staff, and residents discussed the situation at the Council's work session on May 20, 2013. After reviewing the situation, Council informed the residents that the city would explore options to address the situation and requested that staff solicit separate quotes for either installing new sod or for seeding these areas. The city engineer prepared plans and specifications to complete the project and sent out invitations for quotes. The specifications require a base quote that includes removal of all the dead sod and preparation of the top soil. The specifications also include alternate No. 1, for installation of new sod, and alternate No. 2, for hydro -seeding and installation of mulch. (quotes were requested from six turf restoration companies. Only one contractor, Peterson Companies Inc., submitted a quote for the project. Their quote was $274,330 for site preparation and an additional $115,500 for installing sod. The alternate quote was $274,330 for site preparation and an additional $83,050 for seeding. The original cost of sod installation for the 2011 project was $122,200. Motion by Second by To: I: \ RFA \ PUBWORKS\ 2013/877 2011 Street Project Sod Worksession 9-16-13, doc Request fqr Action September 16, 2013 Page 2 During review of the bid, staff suggested two possible options. The first option was to accept the bid, with the property owners being responsible for the restoration after a spring warranty inspection in 2014. The second option was to rebid the project this winter for installation next spring, in an attempt to lower the cost. Council discussed the amount of the single bid and agreed that the sod issue needed to be mitigated while still being financially responsible. Council passed a motion rejecting the bid and to continue exploring options for the turf restoration. Staff is recommending that the Council consider authorizing plans and specifications to complete a hydro - seed restoration project in the spring of 2014. Based on weather patterns over the last couple of years, with wet springs and extremely hot and dry late summer and fall, staff feels that hydro -seeding in the spring would offer the best opportunity for successfully restoring the 2011 street project boulevards. Funding Funding for the project would be from the street infrastructure fund. Attachments A map showing the area involved is attached. 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Twin City Hydro -Seeding is currently the dominant provider of hydro -seeding services to both residential and commercial customers. We offer a cost effective service with competitive pricing. We have quality products to meet every potential seeding need. We have an established reputation with over 10 years experience. • Twin City Hydro -Seeding also provides daily sod watering services to cities and landscaping companies that Jack water trucks. We use "green" and ecologically friendly products. Hydro -seed will not harm animals, people or water systems, and any run off is biodegradable. WHAT IS BONDED FIBER MATRIX? A bonded fiber matrix is a continuous layer of elongated fiber strands held together by a water-resistant bonding agent. It eliminates direct rain drop impact on soil, it allows no gaps between the product and the soil and it has a high water -holding capacity. What are the Benefits of Hydro Seeding? Cost Efficient Hydro -seeding Is half the cost of sod, Including the delivery and labor. WATER RETENTION Because cellulose mulch fibers can retain up to 10 times their weight in water, seeds are kept moist. The end result is a savings in labor and watering costs. h4://www.twincityhydroseeding.com/ 9/11/2013 Twin City Hydra Seeding - Home Page 2 of 3 • SOIL RETENTION Cellulose fiber mulch helps prevent wind and waler erosion. Additional soil stabilization additives are added for slope erosion control. • PROTECTIOM Cellulose fiber mulch protects young seeds from the scorching sun and helps maintain soil temperature. It forms an almost perfect environment for maximum seed germination. • MATURAL As seeds develop , the mulch fibers will gradually deoompose and add nourlshmerd to the soil without messy dean up or the need for straw removal. What services does Twin City Hydro Seeding currently offer? 40 HYDRO SEEDING Hydro mulching —Type 5 wood, 70130 blended mulch. Type 9 Bonded Fiber Matrix (MnDot Certified) • FIWISH GRADING Spread and smooth tap soil. • SEEDBED PREPARATION Loosen and remove debris from existing soil. • EROSION COi'!TROL Erosion control blanket installation. • SLIT SEEDIWO One pass tilling and seeding. • TOP SOIL DELIVERY Contact us for Current rates to your area. • WATERIWG SERVICES Twin City Hydro -Seeding also provides daily sod watering services to cities and landscaping companies that lack water trucks. Sod Installation We do sod as well. We recommend Hydro Seeding for cost effectiveness. But. if you want an instant lawn wWlJ roll it out. h4://www.twincityhydroseeding.com/ 9/11/2013 Well Offf A Request for Action Originating department Approved for Agenda Agenda Section Development and June 24, 2013 Planning Item No. By: Guy Johnson I By; Kirk McDonald, City Manager 8.1 Resolution awarding a contract to Peterson Companies Inc. for turf restoration in the area of the 2011 street infrastructure project (improvement project 877) Requested Action Staff has prepared a resolution approving a contract between the city of New Hope and Peterson Companies Inc. in the amount of $389,830, for replacing the dead sod in the area of the city's 2011 street infrastructure project. Background As part of the 2011 street infrastructure project, sod was installed in boulevard areas that were disturbed due to the replacement of utilities. The sod was placed in the fall of 2011 while restoring the boulevard areas of the street project. The majority of the new sod appeared to establish itself through the spring and summer of 2012. It then appeared that some of the sod began to deteriorate over the dry fall months of 2012, and this spring there was a substantial number of areas where the sod did not survive. The Council, staff, and residents discussed the situation at the Council's work session on May 20, 2013. After reviewing the situation, Council informed the residents that the city would explore options to address the situation and requested that staff solicit separate quotes for either installing new sod or for seeding these areas. The city engineer prepared plans and specifications to complete the project and sent out invitations for quotes. The specifications require a base quote that includes removal of all the dead sod and preparation of the top soil. The specifications also include alternate No. 1, for installation of new sod, and alternate No. 2, for hydro -seeding and installation of mulch. Motion by Second bycz, To: I:rfa\Pubworks120131877 2011 Street Project Sod Replacement Award Contract Request for Action June 24, 2013 Page 2 Quotes were requested from six turf restoration companies. Only one contractor, Peterson Companies Inc., submitted a quote for the project. Their quote was $274,330 for site preparation and an additional $115,500 for installing the sod. The alternate quote was $274,330 for site preparation and an additional $83,050 for seeding. If the council wishes to move forward with the project, it would begin early in the Minnesota Department of Transportation's recommended July 20 to September 20 fall planting period. Funding Funding for the project would be from the street infrastructure fund. Attachments A map showing the area involved, a copy of the resolution, a letter from the city engineer, and the bid tab is attached. I:rfa\Pubworks120T31877 2011 Street Project Sod Replacement Award Contract June 18, 2013 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: 2013 Turf Restoration City Project No. 877 Project No. 193800094 Quote Results Dear Honorable Mayor and City Council: Quotes were received for the Project stated above on June 17, 2013. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to the Bidder once the Project has been awarded. There was a total of one Quote. The following summarizes the results of that Quote: Contractor Base Bid Alternate No. 1 Alternate No. 2 Low Peterson Companies, Inc. $274,330.00 $115,500.00 $83,050.00 If the City Council chooses to award the Project to the low Bidder, then Peterson Companies, Inc. should be awarded the Project on the Total Base Bid Amount plus either Alternate 1 (sod) or Alternate No. 2 (hydroseed w/mulch) as shown below. The Base Bid only includes existing turf removal and soil preparation. Alternate Restoration Method Base Bid Alternate Amount Adjusted Total Bid Amount Alternate No. 1 (Sod) $274,330.00 $115,500.00 $389,830.00 Alternate No. 2 (Hydroseed w/Mulch) $274,330.00 $83,050.00 $357,380.00 Should you have any questions, please feel free to contact me at 651-604-4808. Sincerely, STANTEC CONSULTING SERVICES INC. a4w— 00, X.;r" Christopher W. Long, P.E. 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I .a I �---^--�1 - * I ^ I l F-- 11 N N I n I N 1 I - 6098 'T---t---t--T1-�---� W papd� < I IRIMI Fp LI9$ I ^ L"' N 3AV 2NO09 III' ------ ------------------- Waage mowrn aomoonmxeeuunmamsl�moeeelw MIN NOTLVD01 + 4 w NOLLYU01M ArIL £TOZ c �a VIOS3NNTW 1d0H WN ------T—�'-- - ---------T---------- g 7� S LFLZ Gym R� i S E Iz I I I m I N 3AV DVI -4 I I I YYYs I g PIC ME } I 7.i I Yv I ry I 9T9Z ---1 ----- ,'�= DRIVE` ♦\ ��?' lei i � 1 'xd VON11 R, OZCL 0 I .ISI _ T , T ., - P 'v o1sz, .Y SUITEI & 1 SZBL ---- " ' Drat , L!C F -2---T-------1, ; I I---�---a r-iLl---� I I I I I I„ I , F------� gra ' � k Sg ifAv o �f"� J iy ' I I 5 . - N 3AY r L1'-N.NIM FIM—Agµ$$$ �E rv;ag; Ntl¢:oe:[cmiMN dallpGC'LpO16fOWIfi15NVMRulm�nb�l nw g 7� S Gym R� i S E m �E rv;ag; Ntl¢:oe:[cmiMN dallpGC'LpO16fOWIfi15NVMRulm�nb�l nw CONSTRUCTION NOTICE FOR 2011 INFRASTRUCTURE IMPROVE TS PROJECT CITY PROJECT N 6177 This spring, the city of New Hope staff had received comments regarding the condition of the boulevard sod replaced during the 2011 Street Infrastructure Improvement Project. As a result, some residents and city staff discussed the sod issues with the New Hope City Council. Council informed residents of their willingness to explore options to address the problem. Staff was directed to obtain quotes on options for boulevard repair which included the replacement of sod as well as a seeding option for further consideration at a future council meeting. The City of New Hope sought bids from six companies that specialize in restoration work. Of those solicited, the city received a single bid to perform the work. The one bid received to remove and replace the sod totaled $389,830. The bid was over three times the original project's sod restoration cost. Based upon the unexpected high cost, the City Council decided not to award the contract to the lone bidder for the sod restoration project. Currently, New Hope staff and the City Council are looking at other options that may be available to restore the boulevard areas throughout the project area. We will inform residents in the project area once we have established a different course of action to remedy the sod issues. Thank you for your patience in this matter. We hope you understand the decisions that have been made at this time. SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS PROFESSIONAL ENGINEER I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Christopher W. Long Date: June -10, 2013 License # 47106 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2013 Stanbec 1193800094 000105-1 SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 00 01 10 Table of Contents Procurement Requirements 00 11 13 Invitation for Quotes 00 21 13 Instructions to Bidders 00 41 10 Quote Form Contracting Requirements 00 52 10 Agreement Form 00 61 13.13 Performance Bond 006113-16 Payment Bond 00 72 05 E]CDC C-700 Standard General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01- General Requirements 01 10 00 Summary 01 20 00 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 70 00 Execution Requirements SITE AND INFRASTRUCTURE SUBGROUP Division 31 31 23 00 Excavation and Fill Division 32 32 92 00 Turf and Grasses END OF SECTION TABLE OF CONTENTS C 2013 Stantec 1193800094 000110-1 SECTION 00 11 13 INVITATION FOR QUOTES Quotes are due at 12 P.M., C.D.T., on Monday, June 17, 2013. Quotes shall be sent to the Engineer's Project Manager, Chris Long, via email at chris.long Ccbstantec.00m or mailed to Stantec, 2335 Highway 36 West, St. Paul, MN 55113. The Quotes are for the following: 2013 Turf Restoration In general, Work consists of the removal and replacement of approximately 11,000 square yards of existing turf. The Work includes spot topsoil replacement, topsoil preparation, and a 90 day watering maintenance period. Alternate 1 includes replacement using sod, and Alternate 2 includes turf replacement with Hydroseed w/mulch. Direct inquiries to Engineer's Project Manager, Chris Long, at (651) 604-4808. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and 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 Quotes, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota © 2013 Stantec 1 193800094 t _ 13 . 1 SECTION 00 21 13 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 deposit sum, if any, stated in the Invitation for Quotes 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 authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuiness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions INSTRUCTIONS TO BIDDERS p 2013 Stantsc 1 193800094 002113-1 A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the `technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground f=acilities 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 any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical 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, 1114STRUCI IONS TO MWERS © 2013 Stantec 1 193800094 0021 13-2 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, and the other related data identified in the Bidding Documents; 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 relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified, if any, in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.05 of the Supplementary Conditions as containing reliable "technical data;" E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) 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; and (3) Bidder's safety precautions and programs; 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 required, 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. 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 I. 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 INSTRUMONS TO BIDDERS 0 2013 5tantec 1 193800094 002113-3 Bidding Documents are generally sufficient to indicate and convey understanding of all terns and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE 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 AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents.are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - KID 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, 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 consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. INSTRI C7 © 2013 Stantec 1 193800094 002113-4 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. 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 Quote Form is included with the Bidding Documents. 13.02 All blanks on the Quote Form shall be completed in ink and the Quote Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Quote Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price 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. INSTRUCTIONS M BIDDERS p 2013 Stentec 1193800094 002113-5 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. 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. 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. 13.08 All names shall be 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 Postal and e-mail addresses and telephone and fax numbers 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 Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates and Substitute Items accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternates or Substitute Item Bids. INSTRUMONS TO BIDDERS c0 2013 Stantec 1 193800094 002113-6 14.02 Allowances A. For cash allowances the Bid price snail include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.023 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Invitation for Quotes and shall be enclosed in a plainly marked package 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 package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same 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 privately at the time indicated in the Invitation for Quotes. An abstract of the amounts of the Base Bid and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUB,7ECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Quote 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 Adjusted 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 © 2013 Starter 1193800094 INSTRUCTIONS T BIDDER 002113-7 involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and 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 proposed for those portions of 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 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 issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along 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 SECTION INSTRUCTIONS TO BIDDERS © 2013 Stantec 1193800094 002113-8 THIS BID IS SUBMITTED TO: City of New Hope City ]call 4401 Xylon Avenue North New Hope, MN 55428 BIDDER: DOCUMENT 00 4110 QUOTE FORM 2013 TURF RESTORATION CITY PROJECT NO. 877 STANTEC PROJECT NO. 193800094 NEW HOPE, MINNESOTA 2013 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 Letter B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect oast, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the 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. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, Investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the prlce(s) Bid and within the times and in acoordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 0 2013 Stantec 1193800094 004110-1 BID FORM N. 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. Y. 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. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by dear 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.E 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. C 2013 Stantec 1193800094 0042 10-2 RID FORM No. Item Units Qty Unit Price Total Price BASE BID, 1 MOBILIZATION LS 1 ,.v.. 2 REMOVE SOD SY 11,000 $ $ 3 REMOVE TOPSOIL CY 700 4 INSTALL PREMIUM TOPSOIL BORROW (6" THICK) CY 700 5 TOPSOIL PREPARATION SY 11,000 $ B WATERING (90 DAYS AFTER INSTALLATION) LS 1 $ ,__F TOTAL BASE BID., $ ALTERNATE NO. 1- SODDING 7 SODDING SY 11,000 TOTAL ALTERNATE NO. 1- SODDING $ ALTERNATE NO.2 - HYDROSEED WITH MULCH 8 HYDROSEED W/MULCH SY 11,000 $ ...... $ TOTAL ALTERNATE NO. 2 - HYDROSEED WITH MULCH $ C 2013 Stantec 1 193800094 00 41 30 - 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. B. Non -collusion Affidavit 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. If Bidder Is: An Individual SUBM1TfED on . 2013. Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: , Fax No.: (SEAL) ® 2013 Stantec 1193800094 004110-4 BID FORM A Partnership ACorporatior! Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No R0. Box #'s): Phone No.: Fax No.: Corporation Name: (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature) Name (typed or printed): Title: Attest (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: (CORPORATE SEAL) 0 2013 Stank 1193B00094 004110-5 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: Name (typed or printed): Title: Business address: (Signature of joint venture partner) Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should he in the manner indicated above). END OF DOCUMENT 0 2013 Stark 1 193800094 00 4110 - 6 BID FORM SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and (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: removal and replacement of existing turf. ARTICLE 2 — THE PROJECT 2.01 The -Project for which the Work under the Contract Documents maybe the whole or only apart is generally described as follows: 2013 Turf Restoration, City Project No. 877 for the City of New Hope, Minnesota. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Stantec (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 Milestones, Substantia/ Completion, and Final Payment A. The following Milestones, as defined in the Supplemental Conditions (Section 00 73 05) of the Project Manual, will be completed by the following dates. 1. Substantial Completion — on or before August 23, 2013. 2. Turf Warranty Inspection — spring of 2014. 3. Turf Replacement (Warranty Work) — on or before June 1, 2014. B. The Work will be ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before June 27, 2014. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above 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 C 2013 5ianbec 1193800094 00 52 10 1 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 $500 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 $500 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: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on [fill in amount after Award]. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments'; Retainage A. Owner shall make progress payments on account of the contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.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 determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 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 14.0235 of the General Conditions and less 200 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. AGREEMENT FORM © 2013 5tantec 1 193800094 005210-2 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 — INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following 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 performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." E. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. © 2013 5tartec 1 193800094 AGREEMENT FORM 005210-3 H. 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. I. 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 as listed in the table of contents of the Project Manual. 6. Drawings bearing the following general title: 2013 Turf Restoration. 7. Addenda ( Letters to , inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Quote 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). 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. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. AGREEMENT F091M C 2013 Stantec 1193800094 00 52 10 _ 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. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM C 2013 Stantec 1193800094 005210-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on _._ 2013 (which is the Effective Date of the Agreement). Owner: City of New Hope, Minnesota D", Address for giving notices: Designated Representative: Name: Title: Address: Phone: Facsimile: © 2013 Stantec 1193800094 Contractor: Attest: Address for giving notices: License No.: (Where Applicable) Designated Representative: Name: Title: Address: Phone: Facsimile: END OF SECTION AGREEMENT FORM 005210-6 PERFORMANCE BOMD Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL (Seal) Contractor's Name and Corporate Seal Lo Signature Print Name Title Attest: Signature Title SURETY Surety's Name and Corporate Seal M. Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 1 of 3 (Seal) Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor perforins the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Paae 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 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 otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other party): EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract DDCameats Committee. 00 6113.13 Pace 3 of 3 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address ofPrincipal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL I: Contractor's Name and Corporate Seal Signature (Seal) SURETY LE Surety's Name and Corporate Seal Print Name Title Attest: Attest: Signature Title Signature (Attach Power of Attorney) Print Name Title Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee, 00 6113.16 Page 1 of 3 (Seal) 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 006113.16 Page 2 of 3 -. A' l A — '7"`� .�, ,CHs qua LLB 'ON d33PONd KU3 NO1.LVHC Cad :Wr L ETOZ I E d C# R 1 O i Q @ c� VIOS3NNIW'3dOH M1 IN O LU LU O 0° U) z uj LU � a M O [V m N & -� uJ w z w r, o� m mm u' a z x < [3f3dd �a LU w z z z z 8888 on on a z z Q z of LU z R 4 z 0� � R Lu m J a MI -r I, Tpee I mE8 . q ,� �bla IC' -- --Zfjf NOILt OLSab=rdfIL£i0Z �+ GOEB I M I ' GOSB ! OSB I �•. I I i I I t LIVRI gm 1E Obse I r rl pp R� V1OMNN1W `3dON M3N I I I I I I I I I I I I I I I I I I N I N ! N C it OW ■�_____ �i :i 9109 i 0, =i 90TB `a y LA �' 9TTey� it A 1 C `_ OOZE �' , I 91ZBr'�� OMEN I J f. ZEES OObB " I� I t_ IOU ; R06L LTL 9161c - -----+------ 1,+ -� 5Z6L i I'm ... ____+___---- Z TMRe BBBB Z-1 BOOB %I � ,I la; 9100 -- � •t}., I F I �? 60TB + Role tg -1----+-----°. LTIB i 9118 "r` me Mo ------------ TOW OMB I r : 60ZB BOLE iL Me 9TZeSm HER , T06L I _ I 1-t I 606L I I 6--- 6T6L i 773, SOOB' �+r Z I I z I FLr I LU ills' ------ _3AV MUM I ---------------- _--� 7 I F I I 6119 EOZB 6oze I I I I t I I I I I I I J LTIB 1 i N A , i "r^I 1 INC r ------L------------------- 1----�----1---- J-' r-----T-----i, . .----T---T---------------------,� ' -:� N ' 3AV NOIAX Y I, Tpee I mE8 . TpEg; I I I IC' -- --Zfjf ----�-----. �+ GOEB I M I ' GOSB ! OSB I �•. I I i I I t LIVRI gm Obse I r T098 y 1 Om TObBmibe_ ° 1' m 1068 N AV ' ;°; i 1 Min ------------ I z Y 6- 60bBIe0YRz gg 60bB I -m L19B SM ob CT6BIg1y@Q I C: I f: BOLI -------- ----- ------------------- -i SZbB Ii _Toss 0058 - :.i 6058 � e06B i I l � LTSB 1 190BZ I Sege I _ 1 1 1 y�T tj n 1,4 }�!� if 11 II ,k �r I. 111 � �.�•�`"C T0S9 -- N 9XV ; ' ' LTLz also =7 (JN+ IC' -- --Zfjf ----�-----. II f 6058 F-�'--t -T-� -� smi-- GOSB ! OSB I 1 I I I nsBI I I: I 1� I a7J35- j*' `j ' tF=k�. fib. r+/ j} I •4•� ..-�-. LED I nese I I ___+_____� Obse I r T098 y 1 Om aN� �Ifl ioN - GMF--'T---t---t- _�i_T_ I I� I -m L19B N 3AV 3N009 -------- ----- ------------------- -i 0 W Z a LU II t � G � eGlot aN� �Ifl ioN q aru MWd A y N RNegn Nva x�r�nrtoaa un �o a••,� NOIiY21QF_'321 �lf11 Eiji � � G ` g ME= V�dS3NNIW'3dOHMRN i i [PmJ336� Ws K n.Jwa 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 006113.16 Page 3 of 3 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 Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUNIENTS COMMITTEE and Issued and Published Jointly by ------------- AC]lEQ-('] ®c AmrkrcaN LOUNCILM FNGMMUNG CO.MV.,N Fb irTIaam t MS ASCE American Society National Society of of Civil Engineers Professional Engineers Pratesstanal Engineers la Private ftellce AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by 17 CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC G700 Standard General Conditions of the Construction Contract Copyright (D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 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 Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.or American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.age.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology................................................................................................. C 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology.................................................................................................... .............5 Article2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents............................................................ 9 3.05 Reuse of Documents......................................................................................................... 10 3.06 Electronic Data................................................................................................................. 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................. 11 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points............................................................................................................... 14 4.06 Hazardous Environmental Condition at Site ............................ .. 14 ........................................ Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance..............................................................•......_.............................. 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds ..................... EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 Article17 — Miscellaneous.................................................................................................................... 62 17.01 Giving Notice.................................................................................................................... 62 17.02 Computation of Times....................................................................................................... 63 17.03 Cumulative Remedies........................................................................................................ 63 17.04 Survival of Obligations...................................................................................................... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings........................................................................................................................... 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 00 72 05 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. I. 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. d. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents The Bidding Requirements and the proposed Contract Documents (including all Addenda). 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. EJCDC C-700 standard Genersl Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae l of 6 ( 72 05 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 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) complete 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 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. 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 Requirement —Sections of Division 1 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. 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, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for E.TCDC. All rights reserved. Paee 2 of 62 00 72 05 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 completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed ---A written notice given by Owner to Contractor fixing the date on which the Contract 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 nuclear, 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. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. 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. 38. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 'arc 3 of 62 39. 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. 40. Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. 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. 42. 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 administrative requirements and procedural matters applicable thereto. 43. 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. 44. 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. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Condition.—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier A manufacturer, fabricator, supplier, 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 Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 00 72 05 construction, and famishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. 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 but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives `reasonable," "suitable," "acceptable," 49proper," "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 information in the Contract Documents and with the design concept of the 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. we 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 EJCDC C-700 Standard General Conditions of the Constr ct! n Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 00 72 05 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, Perform, 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 `provide" 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 Documents, words or phrases that 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 A. Owner shall fiirnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 00 72 05 Agreement. In no event will the Contract Times commence 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 subdivides 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; Designation of Authorized Representatives 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. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page'7 of 62 00 72 05 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 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: INTENT, AMENDING, REUSE 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 Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations 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. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or 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, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page S of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility 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 discovers, or has actual knowledge of 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 Performance 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 (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then 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 shallnot be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge 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, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 9 of 62 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 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 its consultants, including electronic media editions; or 2. reuse any 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 adaptation by Engineer. B. The prohibitions 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. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by 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 inforrnation obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term 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. EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Pare 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof; Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized- Contractor may rely upon the 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 officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 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. EJCDC C-700 Standard General Conditions of the Constriction Contract Copyright (D 2007 National Society of Professional Engineers for E TCDC. All rights reserved. Page I1 of 62 007205 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition 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 connection 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 any one 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, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 007205 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 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, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall 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 Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; 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 Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.• 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 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 EJCDC G700 Standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 00 72 05 consequences of the existence or location of the Underground 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: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the 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 officers, directors, members, partners, employees, agents, consultants, or subcontractors 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. EdCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Pnee 14 of 62 0072 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed 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. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. 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 written notice to Contractor: (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 stoppage 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. F If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to 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, members, 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 15 of 62 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences 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, members, 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 4.06.11 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. 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 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified 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 list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" 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 or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. 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 5.013 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 EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 00 72 05 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 and loss payee 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 and loss payee 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. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection 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 sustained: EJCDC C-700 standard General Conditions of the Construction Contract Copyright QD 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 17 of 62 00 72 05 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, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. 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); 5. 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 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. Ali rights reserved. Pave 18 of 62 00 72 05 5.05 Owners 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 Supplementary 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, members, 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 a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, 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 that caused by flood), and such other perils or causes of loss as may be specifically 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 loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown 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, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page ] 9 of 62 00 72 05 members, 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 a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this 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 loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance 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 deductible amounts that are identified in the Supplementary 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 this 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 Supplementary Conditions as loss payees (and the officers, directors, members, 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 loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, 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 as loss payees (and the officers, directors, members, 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. EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 00 72 05 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, 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, members, 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 loss payees, 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 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 2.0I I.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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 21 of 62 00 72 05 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 tL-. 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 superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor, Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 00 72 05 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. 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 adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6,05 Substitutes and "or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal " Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJ CDC G700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 00 72 05 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if- a. f a. in the exercise of reasonable Judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 24 of 62 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (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 c) whether incorporation or use of the proposed substitute item in connection 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; and 4) shall contain an itemized estimate 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 Procedures: 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 a Change Order in the case of a substitute and 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 finnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJ CDC 0-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 00 72 05 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, 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 reasonable 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 constitute 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 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual 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 performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 0072 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors 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 appropriate 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 a loss payee 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, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, 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, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors 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 specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fizllest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, 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 EJCDC C-700 Standard General Conditions of the Constwcd n Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 27 of 62 00 72 05 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary 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 applicable 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 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. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National society of Professional Engineers for EJCDC. Ali rights reserved. Paae 28 of 62 00 72 05 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 parry 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, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work. • During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surphis 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 Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall Ed CDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 29 of 62 00 72 05 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. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. 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 Drawings or Specifications or to the acts or omissions of Owner or Engineer 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). R 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Pace 30 of 62 0072 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating 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 protection of persons or the Work or property at the Site or adjacent tbereto; 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 accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. 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: 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright m 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 007265— C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents 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 Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted 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 Documents. 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 construction 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 5.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 32 of 62 00 72 05 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected 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 A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or 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 officers, directors, members, partners, employees, agents, consultants, and subcontractors 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, Subcontractors, 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 acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, 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 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 officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (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, members, 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 007205 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal 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 through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract 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 parry to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be ETCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved Pame 35 of 62 00 72 05 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 Conditions: 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 responsibilities 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 TOLA and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE S — 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 00 72 05 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 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to 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 relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance 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 with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 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. E1CDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. 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 responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 38 of 62 00 72 05 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 Documents. 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. 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. E TCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 39 of 62 00 72 05 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.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. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show 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 responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 00 72 05 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 requirements 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 responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. 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 Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall 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 in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.1). 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. AR rights reserved. Page 41 of 62 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety 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), 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 Times 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 parry 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). EdCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EdCDC. All rights reserved. Page 42 of 62 00 72 05 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 fitrther resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10A5.C.3 or 10.05.1) 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. 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 11.01.13, 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 not include any of the costs itemized in Paragraph 11.013, and shall include only the following items: 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 on the Work. 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 phis 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 00 72 05 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 payments, 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. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and 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 maintenance, 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 performance 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 terns of said rental agreements. The rental of any such equipment, 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, as 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 of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 007205 property insurance established in accordance with Paragraph 5.06.1)), provided such losses and damages have 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, express and courier services, 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, attorneys, 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.1 or specifically covered by Paragraph 11.0I.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. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and 11.01.13, 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: 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 times the estimated quantity of each item as indicated in the Agreement. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 00 72 05 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 significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to 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 application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.Q. 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 11.0l.A.1 and 11.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shallbe five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 00 72 05 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 Paragraphs 12ALC.2.a and 12.0l.C.2.b 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 11.0l.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 any one 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 by the parry 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 contemplated 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 48 of 62 00 72 05 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 their officers, directors, members, partners, employees, agents, consultants, or subcontractors 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. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. 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. 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, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: I. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pave 49 of 62 00 72 05 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract 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. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to 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, Contractor shall, if requested by Engineer, uncover such Work 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCAC. All rights reserved. Page 50 of 62 00 72 05 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 written 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 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EdCDC. All rights reserved Page 51 of 62 00 72 05 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 removed 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 for 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 May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 00 72 05 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 possession 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 COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application 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: L 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 00 72 05 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 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: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and 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 responsibilities specifically assigned to Engineer in the Contract Documents; or b. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 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 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent 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 replacement; 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 14.02.1)) 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 furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 55 of 62 00 72 05 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 remedies the reasons for such action. 3. Upon a subsequent determination 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.I and subject to interest as provided in the Agreement. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 00 72 05 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) 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 recommendation 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 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 remove its property and 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 conditions: 1. Owner at anytime 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, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D 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 substantially 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. EJCDC C-700 standard General Conditions of the Com&oction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 00 72 05 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; 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 might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, 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 Appl ication and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 00 72 05 Payment, indicate m 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, indicating 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 documentation, 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 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National society of ProfessionaI Engineers for EJCDC. All rights reserved. Paae 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK A-Nk D TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work ui 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 adjustment 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 Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 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 repeated 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 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.023 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1, completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and finnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 61 of 62 00 72 05 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 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 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing 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 the 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: E.ICDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for ESCDC. All rights reserved. Pace 62 of 62 00 72 05 5 delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, 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, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, 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. EdCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. AU rights reserved. Paze 63 of 62 00 72 05 SECTION 00 73 05 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 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. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1- DEFINITIONS AND TERMINOLOGY SC -1.01.A44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when all of the following has been completed: 1. The dead turf has been removed, and rejected topsoil removed and replaced with premium topsoil borrow. 2. Turf has been restored with sod or hydroseed w/mulch. 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 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Invitation for Quotes. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC -4.02 Delete Paragraphs 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, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. SC -4.06 Delete Paragraphs 4.06.A and 4.06.B in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. p 2013 5tantec 1 193800094 ; 05 -1 B. Not Used. ARTICLE S - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.0 D. Separate Performance and Payment Bonds should be submitted utilizing EICDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.6: 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 and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 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. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 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: a. Owner b. Engineer SUPPLEMENTARY CONDITIONS © 2013 Stantec 1193800094 007305-2 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 with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC -5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. 9. Comply with the requirements of Paragraph 5.06C of the General Conditions. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraphs 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. I. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC -6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SC -6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SUPPLEMENTARY CONDITIONS ® 2013 Stantec 1193800094 007305-3 SC -6.19.A Delete the words "representation or in the second sentence. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC -10.05.B Amend the first sentence of Paragraph 10.05.6 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.6 by replacing the words "60 days" with the words "30 days." ARTICLE 11- COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC -11.03 Delete paragraph 11.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. 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 words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02.85 Add the following new item immediately after Item 14.02.B5d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.03 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 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 16.01.8, 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 © 2013 5tantec 1193800094 SUPPLEMENTARY CONDITIONS 007305-4 agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 -day period specified in Paragraph SC -16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 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: (1) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject W 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 shalt be shared equally by Owner and Contractor. END OF SECTION SUPPLEMENTAkRY COMMONS @ 2013 5tantec 1193800094 UO 733 05 d 5 SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: 2013 Turf Restoration for the City of New Hope, Minnesota, City Project No. 877. B. Description of Work: Project consists of removal and replacement of existing turf. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be on adjacent streets. Materials shall be removed and cleaned from the streets upon completion of Work. 2. Keep existing driveways and entrances clear and available to the public and to the Owner. 3. Construction equipment may not be parked in city right-of-way from the hours of 2:00 am to 6:00 am, without prior notification of city police department. 4. If additional space is needed, obtain and pay for such space off Site. B. The Owner has the right to limit/eliminate any of the described work to fit budget constraints without adjustment to Bid Unit Prices. C. Construction Hours: Contractor must abide by the following hours per City ordinance: 1. Monday through Friday: 7 A.M. to 9 P.M. 2. Saturday: 9 A.M. to 9 P.M. 3. No work on Sundays or Holidays. & 2013 Stantec 1193800094 SUMMARY 011000-1 PART a PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2013 Stantec 1 193800094 011000-2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes I. Administrative and procedural requirements for Alternates, pricing of Work and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. 1. Alternate No. 1— Sodding - In general the Work of this Alternate No. 1 consists of sodding the turf restoration areas. 2. Alternate No. 2 — Hydroseed w/Mulch - In general the Work of this Alternate No. 1 consists of hydroseeding the turf restoration areas. 1.04 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.05 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. p 2013 Stantec 1193800094 PRICE AND PAYMENT PROCEDURES 012000-1 C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 0133 00. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2013 Stantec 1193800094 012000-2 SECTION 01 31 00 PR03ECT MANAGEMENT AND COORDINATION PART I GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 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. Stoma Sewer: Owner. 4. Electric: Xcel Energy. S. Gas: CenterPoint Energy. 6. Communications: Comcast, Centuryl-ink, Access Communications, Arvig, Sprint, AT&T. Others. C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. PROJECT MANAGEMENT AND COORDINATION © 2013 Stantec 1 193800094 0131 00 -1 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 0133 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2013 5tantec 1193800094 013100-2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on B-1/2 inch by 11 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Provide space for revisions and notations. 3. Identify interrelations between activities. 4. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, delivery, installation, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24-hour on-call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. p SUBMITTAL PROCEDURES 2013 5tantec 1193800094 0133 00 -1 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 inches by 11 inches. Non -legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" - Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. 4. "Rejected" - Work covered by the submittal is not complete or it appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the resubmittal procedures described in the General Conditions. 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION © 2013 Stantec 1193800094 SUBMITTAL PRC 013300-2 SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. QUALITY REQUIREMENTS © 2013 Stantec 1193800094 014000-1 1.07 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END Of SECTION © 2013 Stantec 1 193800094 01 40 00 - 2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART1 GENERAL 1.01 SUMMARY A. Section Includes I. Temporary utilities and miscellaneous temporary facillUes required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 3123 00 Excavation and FII. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. 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 a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based nn the fnllnwinn- 2. Traffic Control will be incidental to the Project. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Traffic Management Plan consistent with Section 0133 00, including the following information: 1. Streets closed or restricted during any stage of construction. 2. Haul and access routes. TEMPORARY FACILITIES AND CONTROLS C 2013 Stantec 1193800094 0150 00 -1 Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned - 25 70 EPentoforiginal Contract amount earned - 50 90 t of original Contract amount earned -100 100 2. Traffic Control will be incidental to the Project. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Traffic Management Plan consistent with Section 0133 00, including the following information: 1. Streets closed or restricted during any stage of construction. 2. Haul and access routes. TEMPORARY FACILITIES AND CONTROLS C 2013 Stantec 1193800094 0150 00 -1 3. Permits or applications required by local authorities. 4. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor facilities necessary for Work on the Project. 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Signs and mailboxes shall remain undisturbed throughout construction. B. Work around mailboxes, signs, landscaping, and other structures. 3.03 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.04 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. TEMPORARY FACILITIES AND CONTROLS © 2013 Stantec 1193800094 015000-2 3.05 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 portholes, 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 I. Provide temporary fence if needed for safety or to protect Work. END OF SECTION C 2013 Stanbec t 193800094 TEMPORARY FACILITIES AND CONTROLS 015000-3 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? 1. Are any devices missing? Yes I-_ No Do any devices need repair? 0 Yes D No Were all replaced or repaired? 0 Yes 0, No 2. Are any lights (flashers, etc) [1 Yes. No not functioning? Were they all replaced or repaired D Yes " No 3. Are any devices improperly placed? Or Yes 1 No Were all positions corrected? 0 Yes E No 4. Do any devices need cleaning? 0. Yes No Where all devices cleaned? 0 Yes No ADDITIONAL COMMENTS: The above check was completed by on: at: (date) (time) (name / title) =AM PM SECTION 01 70 00 EXECUTION REQUIREMENTS PART1 GENERAL 1.01 SUMMARY A. Section Includes I. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid, 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Written Notification of Substantial Completion. 2. Executed Certificate of Substantial Completion. 3. Written Notification of Final Completion. 4. Schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 5. Final Application for Payment, including accompanying documentation. 6. IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. ---------- EXECUTIONE :g ENT S Q 2013 Stantec 193800094 01 70 00 -1 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor falls to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean streets and surfaces as project progresses. B. Provide erosion protection. 3.05 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to f=inal Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, 600 North Robert Street, St. Paul, MN 55101 or by calling (651) 282-9999 or 1 (800) 657-3594. They are also available on their website: www. revenue. state.mn.us, or via email at with holding.tax@state. m n.us. END OF SECTION EXECUTION REQUIREMENTS © 2013 Stantec 1 193800094 017000-2 SECTION 31 23 00 EXCAVATION AND FILL PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Topsoil stripping, excavation, and fill for turf restoration. B. Related Sections 1. Section 32 92 00 - Turf Establishment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various excavation materials, borrow materials, and salvage materials. Measurement and payment shall be at the Bid Unit Price consistent with MnDOT Spec. 2105.4 and 5, except as modified in the following. 2. A Bid Item has been provided to Remove Sod. Measurement will be by square yards and will Include stripping, loading, and off Site disposal of the existing sod. 3. A Bid Item has been provided for Remove Topsoil. The Engineer in the field shall mark the topsoil to be removed only as needed. No payment shall be made for topsoil removed which is not marked by the Engineer. Topsoil removed as part of the Remove Sod bid item, is considered incidental. Measurement will be by loose volume of cubic yards per load tickets. 4. A Bid Item has been provided to Install Premium Topsoil Borrow (6" Thick). Measurement will be based upon units of loose volume of cubic yards per load tickets. All hauling, placement, blading, grading, shaping, and preparation of Premium Topsoil Borrow shall be incidental to this Bid Item. 5. A Bid Item has been provided for Topsoil Preparation. Measurement will be by square yards. Topsoil preparation includes loosening existing and premium topsoil to a minimum depth of 4 inches and raking to grade. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3877 - Topsoil Borrow. 1.04 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. Topsoil Borrow test indicating material content, organic content, and ph levels. 1.05 SEQUENCING AND SCHEDULING A. Perform excavation only as directed by the Engineer. c0 2012 Stantec 1193800094 EXCAVATION AND FILL 312300-1 B. Backfill areas with premium topsoil borrow immediately after removal of rejected topsoil materials. C. Install sod or hydroseed with mulch within 48 hours of sod removal. PART 2 PRODUCTS 2.01 MATERIALS A. Premium Topsoil Borrow: Conform to MnDOT Spec. 3877.2C (Table 3877-3). 1. Place a minimum of 6" of premium topsoil borrow as directed by Engineer after removal of rejected topsoil material. 2. Material shall be screened and pulverized. 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 as directed by Engineer. 3. Strip topsoil to the removal limits marked by the Engineer. 4. Provide for proper drainage throughout construction. 5. Streets shall be swept clean at the end of each day. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3B, or as modified herein 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 3.03 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3D, or as modified herein 1. All common excavation or premium topsoil borrow stockpiles shall be removed from city streets at the end of each working day. 2. Streets shall be swept clean at the end of each day. 3.04 TOPSOIL PREPARATION A. Soil Preparation: Conform to MnDOT Spec. 2575.38, or as modified herein. 1. Topsoil shall be placed and graded to allow for proper drainage over the curb. If sod is being installed, the Contractor shall take into account the depth of the sod when completing topsoil preparation. 2. The Contractor shall loosen the soil to a minimum depth of 4 inches immediately prior to placing sod or seeding. 3. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils. END OF SECTION © 2012 Stantec 193800094 31' 223 W .. 2 SECTION 32 92 00 TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, sod, seed, soil amendments, and hydromulch. B. Related Sections 1. Section 3123 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Sodding. Measurement will be based upon units of square yards of sod installed complete in place as specified, including furnishing and installing sod, and all incidental items associated with the Work. a. Alternate No. 1 will be for Sodding. 2. A Bid Item has been provided for Hydroseed w/Mulch. Measurement will be based upon units of square yards installed in place as specified, including preparation of seedbed, fertilizer, seed, hydromulch, watering, maintenance, and all correlated activity. a. Alternate No. 2 will be for Hydroseeding. 3. A Bid Item has been provided for Watering (90 Days After Installation). Measurement is Lump Sum, and shall include all equipment, work, mobilizations, and other incidentals to provide water for 90 days to establish turf in accordance to this specification. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. 2105 — Excavation and Embankment. 2. 2575 —Turf Establishment. 3. 3876 — Seed. 4. 3877 —Topsoil Borrow. S. 3878 — Sod. 6. 3884 — Hydraulic Soil Stabilizer. B. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT Seeding Manua[). 1.04 DEFINITIONS A. Weeds: For the purpose of this project, a weed is a plant that inhibits the establishment of species listed in article MATERIALS. Weeds may include, but are not limited to, bindweed, bentgrass, Bermuda grass, blackberry, black locust, Canada thistle, chickweed, crabgrass, cress, dandelion, European buckthorn, glossy buckthorn, horsetail, jimsonweed, Johnson grass, lambsquarter, morning glory, mustard, nimble will, nutgrass, nut sedge, perennial sorrel, pigweed, poison ivy, @ 2013 Stantec 193800094 TURF AND GRASSES 329200-1 poison oak, quackgrass, ragweed, rush grass, Siberian elm, smooth brome grass, spotted knapweed, tansy ragwort, tatarian honeysuckle, and wild garlic. 1.05 SUBMITTALS A. Provide the following submittals consistent with Section 0133 00. B. Provide source and invoice for sod to be used for this Project. C. 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. D. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. 1.06 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 sod and seed shall be until May 30, 2014. 1.07 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. B. Complete seeding or sodding within 48 hours of sod removal. PART 2 PRODUCTS 2.01 TOPSOIL: Premium Topsoil Borrow conforming to Section 3123 00. 2.02 FERTILIZER 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 of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP). 2.03 SOD: Conform to MnDOT Spec. 3878. 2.04 SEED: Conform to MnDOT Spec. 3876. A. Lawns: MnDOT Mixture 270. 2.05 WATER A. Clean, fresh, and free of substances or matter that could inhibit vigorous growth of grass. 2.06 HYDRAULIC SOIL STABILIZER (HYDROMULCH) © 2013 5tantec 1 193800094 329200-2 A. Conform to MnDOT Spec. 3884. B. Type 5 — 100 -percent wood fiber mulch. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations and areas for sod or hydroseeding. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling premium 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 start of restoration, placement of topsoil borrow, and installation of sod. 3.02 DELIVERY AND STORAGE A. 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 sod from drying out and seed from contamination. B. Storage 1. Sprinkle sod with water and cover with moist burlap, straw, or other approved covering, and protect from exposure to wind and direct sunlight. Covering should permit air circulation to alleviate heat development. 2. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. If existing sod consists of weeds, utilize appropriate herbicide prior to topsoil preparation. C. Soil Preparation: Conform to Section 3123 00. D. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.) or as per manufacturer's instructions. 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 SEEDING A. Seeding Dates: Conform to MnDOT Spec. 2575.3 for Lawn Mix 270. I. July 20th — September 20th O 2013 Stantec 1193800094 TURF AND GRASSES 329200-3 B. Seeding Preparation and Application: Conform to MnDOT Spec. 2575.3 for the mixes and materials specified. 3.05 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to MnDOT Spec. 2575 and 3884. 3.06 PLACING SOD A. Conform to MnDOT Spec. 2575.3I. 3.07 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. Any sod that does not show definite growth and establishment 30 days after installation shall be replaced and established at the proper season by the Contractor at his/her expense. C. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual — Maintenance Requirements. D. Watering of sod and seed areas shall be done for a minimum period of 90 days from installation. 3.08 INSPECTION AND ACCEPTANCE A. 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. In the spring of 2014, a final inspection will be made to determine the conditions of the sod or seed. C. When inspected 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. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. END OF SECTION 1IJ F AND GRASSES © 2013 Stantec 1193800094 329200-1