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Contract Documents 01-27-06 DRAFT Ct-r-t PuwAlIAl~ ~e tt IJ' -0' DRAFT CONTRACT DOCUMENTS LAKE RILEYIRICE MARSH LAKE WATER QUALITY IMPROVEMENTS RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT 23/27-E61-HMR-00l January 27, 2006 . '~. -- CONTRACT DOCUMENTS RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT LAKE RILEYJRlCE MARSH LAKE WATER QUALITY IMPROVEMENTS TABLE OF CONTENTS Page Advertisement for Bids Instructions to Bidders Bid Form Form of Agreement General Conditions Supplementary Conditions 00100-1 00200-1 00400-1 00500-1 00700-1 00800-1 Technical Specifications Division 1 - General Requirements 01110 Summary of Work 01145 Use of Premises 01270 Unit Price Measurement and Payment 01313 Project Meetings 01330 Submittal Procedures 01350 Special Procedures 01501 Safety 01551 Access Road and Parking 01555 Traffic Control 01770 Closeout Procedures 01780 Project Record Documents . Division 2 - Site Construction 02200 Site Preparation 02249 Control of Water 02300 Earthwork 02370 Erosion and Sedimentation Control 02375 Riprap Protection 02630 Storm Drainage .02700 Bases, Ballasts, Pavements, and Appurtenances 02702 Trails and Curbs 02920 Turf Establishment 02928 Planting and Seeding Natural Areas 02929 Establishment Period Maintenance and Management for Natural Area Plantings 02930 Tree & Shrub Plantings 02950 Site Restoration Division 3 -16 [NOT USED] 01110-1 01145-1 01270-1 01313-1 01330-1 01350-1 01501-1 01551-1 01555-1 01770-1 01780-1 02200-1 02249-1 02300-1 02370-1 02375-1 02630-1 02700-1 02702-1 02920-1 02928-1 02929-1 02930-1 02950-1 246498 . . . I hereby certify that these specifications were prepared by me or under my direct supervision and that I am a duly Licenced Professional Engineer under the Laws of the State of Minnesota. Robert C. Obermeyer Registration No. 13303 Date I hereby certify that these specifications were prepared by me or under my direct supervision and that I am a duly Licenced Landscape Architect under the Laws of the State of Minnesota. Fred Rozumalski Registration No. 26559 Date 246498 . . . Advertisement for Bids 246498 . . . RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT ADVERTISEMENT FOR BIDS Sealed bids for the Lake Riley/Rice Marsh Lake Water Quality Improvement Project, Chanhassen, Eden Prairie, Minnesota, will be received by the Owner at the office of Barr Engineering Co. _ , and then publicly opened and read aloud. The Work consists of furnishing all labor, materials, equipment, skills, and performing all operations required to construct the Work. The Work includes mobilization and demobilization; furnish, install, and maintain erosion control measures; site preparation including clearing and grubbing; dredging of existing detention basin, excavation and shaping of five storm-water ponds, removing and replacing existing storm drain inlet and outlets and installing rip rap and fabric at structures, construction of control weirs and berm, contouring and preparing sites for landscaping, planting and seeding wetland and upland areas, planting shrubs and trees, repairs to existing paths, all as provided for in the Bidding Documents. Copies of the Drawings, Specifications and other Bidding Documents describing the Work may be examined and/or obtained at the office of the Engineer, Barr Engineering Co., 4700 W. 77th Street, Edina, Minnesota 55435. Potential bidders may obtain the Bidding Documents from. Barr Engineering Co. upon deposit of one hundred dollars ($100.00). Deposits will be non-refundable. Partial sets of the Documents will not be issued. The potential bidders attention is directed to the Instructions to, Bidders (IB-20.0) with regard to the _ pre-bid meeting scheduled to be held on , at the offices of Barr Engineering Company, unless otherwise modified by Addendum. 246539 00100-1 . . . Instructions to Bidders 246498 . . . INSTRUCTIONS TO BIDDERS LAKE RILEY/RICE MARSH LAKE WATER QUALITY IMPROVEMENTS CHANHASSEN, EDEN PRAIRIE, MINNESOTA RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meaning indicated in the Standard General Conditions of the Construction Contract (EJCDC C-700, 2002 Edition) and the Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder - The individual or entity who submits a Bid directly to Owner, as distinct from a sub-bidder, who submits a bid to Bidder. B. Successful Bidder - The lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The Successful Bidder becomes the Contractor upon execution of the Agreement. ARTICLE 2 - CONTRACT DOCUMENTS 2.01 The Contract Documents shall consist of the following: A. Written Amendment B. Change Orders C. Work Change Directives D. Agreement E. Purchase Order or similar document (if applicable) F. Field Orders and Field Memorandums G. Notice to Proceed H. Addenda 246540 00200-1 I. Bid Form . J. Instruction to Bidders K. Drawings L. Technical Specifications M. Supplementary Conditions N. Standard General Conditions of the Construction Contract (EJCDC C-700, 2002 Edition) O. Advertisement for Bids ARTICLE 3 - COPIES OF BIDDING DOCUMENTS 3.01 Complete sets of the Bidding Documents may be obtained from the Engineer for the deposit sum stated in the Advertisement for Bids. 3.02 Complete sets of the Bidding Documents must be used in preparing Bids. Neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of the Bidding Documents. . 3.03 Owner and Engineer in making copies of the Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. ARTICLE 4 - QUALIFICATIONS OF BIDDERS 4.01 To demonstrate qualifications to perform the Work, the low Bidder if requested by the Owner shall submit to Owner (with copy to Engineer) within seven (7) calendar days following the request by the Owner written documentation which demonstrates the Bidder's ability to complete the Work as specified. This documentation may include a description of present commitments; description of the ~idder's project experience in the past five years including nature of project, owner's name, dollar value and name ofbonding company; a description of the Bidder's equipment, key personnel and resources which demonstrate the Bidder's ability to successfully complete the Work; a list of subcontractors Bidder proposes to use; and such other information the Owner believes is necessary. . 246540 00200-2 . . . ARTICLE 5 - EXAMINATION OF CONTRACT DOCUMENTS AND SITE 5.01 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the proposed Contract Documents and become thoroughly familiar with all terms, conditions, and requirements; (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work; ( c) consider federal, state and local Laws, Codes, Ordinances, and Regulations that may affect cost, progress, performance or furnishing of the Work; (d) study and carefully correlate Bidder's observations with the proposed Contract Documents; and (e) notifY Engineer of all conflicts, errors or discrepancies in the Contract Documents. 5.02 Subsurface and Physical Conditions A. Subsurface Conditions: 1. The following explorations, reports and documents relating to this project were provided to, or obtained by, or prepared by Engineer: 1. None 2. Currently, there are copies of this information in Engineer's office. Bidder has the opportunity, during preparation of Bidder's Bid, to review these explorations, reports, and documents in the Engineer's office by appointment. These explorations, reports, and documents are not part of the Contract Documents. The information represented by these explorations, reports, and documents was considered by Engineer for project design purposes. The Owner and Engineer do not imply that the information and tests contained therein are necessarily representative, exhaustive, or comprehensive and expressly disclaim any warranties as to their accuracy or reliability for Bidder's purposes or purposes of construction. The Bidder may use this information and the data Bidder judges appropriate, but Bidder is not entitled to rely on any of the information, technical data, non-technical data, interpretations, or opinions contained therein or the completeness thereof. Bidder's reliance on such for Bidder's purposes is solely at Bidder's own risk. 246540 00200-3 . . . B. Existing Structures: 1. All existing above ground structures at the site may not be shown on the Drawings and Bidder shall be responsible to verify the existence and location of all above ground structures. Bidder's Bid shall include the costs necessary for the performance, progress, furnishing, and installing of the Work as relates to existing above ground structures. C. Underground Facilities and Utilities: 1. Excavation is included within the scope of the proposed Work, however, no information has been requested from the owners of underground facilities and utilities to aid in developing the Drawings and Specifications. 2. The Owner and Engineer have no reliable information regarding the existence of subsurface structures other than those indicated in the Drawings, which are at or contiguous to the Work. If the Bidder suspects or verifies the existence of subsurface structures which may affect the cost, performance, progress, furnishing, or installing of the work in accordance with the Contract Documents prior to the time for the opening of bids, the Bidder shall notify Owner and Engineer promptly, in writing, ofthe conflict. If such an existing subsurface structure is located at any time thereafter, Owner and Engineer will consider the existing subsurface structure under the provisions for differing conditions. 3. Information and data concerning Underground Facilities and Utilities at or contiguous to the site, and known to Owner and Engineer, are available for review by any Bidder at the Engineer's office by appointment. Owner and Engineer do not imply that this information is necessarily representative, exhaustive, or comprehensive and expressly disclaim responsibility for or any warranties as to its accuracy. Whether Underground Facilities and Utilities are shown or indicated, or not shown or indicated, on the Drawings the Contractor shall have the full responsibility for locating all Underground Facilities and Utilities prior to the performance of all elements of the Work. The additional responsibilities of Bidder regarding Underground Facilities and Utilities are set forth in the General Conditions. 5.03 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies, and obtain any additional information and data 246540 00200-4 . . . which pertain to the physical conditions (surface, subsurface, Underground Facilities and Utilities) at or contiguous to the site or otherwise which may affect the cost, progress, performance or furnishing of the Work, and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. Bidder's failure to conduct or perform such examinations, investigations, explorations, tests, and studies or obtain additional information, shall represent that Bid has included adequate cost contingencies as Bidder deems necessary for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. 5.04 Bidders may have access to the site for the conduct of such supplemental explorations and tests as Bidder may deem desirable for submission of a Bid provided Bidder makes such independent and acceptable arrangements with Owner through Engineer. It is the Bidder's responsibility to obtain access to the site, including lands owned by Owner, to conduct such explorations and tests as Bidder deems necessary for submission of a Bid. Bidder shall be responsible for restoration of all such lands to a condition equal to or better than existing conditions. 5.05 All lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Owner mayor may not be able to assist or aid Contractor with acquisition oflands and access thereto for purposes of construction. 5.06 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this ARTICLE 5 and that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and by such means, methods, techniques, sequences or procedures of construction as may be specifically indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.07 No plea of ignorance of conditions that exist or that may hereafter exist, or of difficulties that will be encountered in the execution of the Work, as a result will be accepted as a sufficient excuse for any failure or omission on the part of the Bidder to fulfill in every detail all the requirements of these Contract Documents, or will be accepted as a basis for any claim whatsoever for extra compensation or for an extension of time. 246540 00200-5 . . . ARTICLE 6 - INTERPRETATIONS AND CLARIFICATIONS 6.01 Prior to the submittal of Bids, if any potential Bidder is in doubt as to the true meaning, or finds discrepancies in or omissions from the Contract Documents, that potential Bidder shall submit to the Engineer a written request for an interpretation or clarification thereof. The Bidder submitting the request shall be responsible for prompt delivery. Interpretations and clarifications considered necessary by Engineer in response to such requests will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Contract Documents. Requests received less than ten (10) calendar days prior to the date for opening of Bids may not be answered. Only interpretations and clarifications issued by Addenda will be binding. Oral interpretations and clarifications will be without legal effect. After execution ofthe Agreement clarifications and interpretations shall be directed to Engineer in accordance with paragraph 9.04 of the General Conditions. 6.02 The lump sum and unit price items as shown in the Bid Form shall be used as the basis for calculation upon which the award of Contract will be made and for calculation of the initial Contract Price. These items are intended to cover all aspects of the Work. 6.03 It is the intent ofthe Contract Documents to cover all aspects ofthe Work. Should there be some item or items not shown on the Drawings or described in the Specifications which are required for the Work, these items and the furnishing of all necessary labor, materials and equipment shall be considered incidental to the Work and no additional compensation will be provided. 6.04 Any Addenda issued during the time of the bidding or forming a part of the Contract Documents loaned to the Bidder for the preparation of a Bid shall be included in the Bid and shall be made a part of the Contract Documents. Receipt of each Addendum shall be acknowledged on the Bid Form. ARTICLE 7 -BID SECURITY 7.01 Each Bid must be acc01:npaniedby Bid security made payable to the Owner in an amount of five (5) percent of the Bidder's total base Bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of paragraph 5.01.B of the General Conditions. 246540 00200-6 . . . 7.02 The Bid security of the apparent Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Performance and Payment Bonds and Certificates of Insurance, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement within ten (10) calendar days after Notice of Award, or within ten (10) calendar days after executable Agreement is sent to successful bidder, whichever is later, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. 7.03 The Bid security of the second and third low Bidders may be retained until the earlier of the seventh (7) day after the Effective Date of the Agreement or the forty-sixth.( 46) day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security of all other Bidders will be returned within ten (10) days after the Bid opening, although Bids shall remain subject to acceptance per ARTICLE 15 of these Instructions to Bidders. ARTICLE 8 - CONTRACT TIME 8.01 The number of calendar days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set in paragraphs 8.02, 8.03, and 8.04 below. 8.02 The Work shall be commenced on or about receipt of the Notice to Proceed, whichever is later. ,200-, or within 5 calendar days after 8.03 The Work shall be substantially complete, except for plantings and seeding, on or before ,200_. 8.04 The planting and seeding shall be substantially complete on or before ,200_. 8.05 The Work shall be completed and ready for final payment in accordance with paragraph 14.06 of the General Conditions by ,200_. ARTICLE 9 - LIQUIDATED DAMAGES 9.01 All time limits stated in the Contract Documents are of the essence of the Agreement. 246540 00200-7 . . . 9.02 Owner and Contractor recognize that time is of the essence with regard to completion of the Work, and that Owner may suffer financial loss if the Work is not substantially completed within the times specified in ARTICLE 8 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Accordingly, Owner and Contractor agree that as liquidated damages for delay (but not as penalty), Contractor shall pay compensation to Owner for those reasonable additional claims, costs, losses, and damages. sustained by Owner for each working day that expires after the time specified for Substantial Completion of the Work. After substantial completion, or if no Substantial Completion date is specified, if Contractor shall neglect, refuse, or fail to complete the Work within the Contract Time specified in ARTICLE 8 above or any proper extension thereof granted by Owner, Contractor shall pay compensation to Owner for those reasonable additional claims, costs, losses, and damages sustained by Owner for each working day that \ expires after the time specified in ARTICLE 8 above for completion and readiness for final payment. ARTICLE 10 - SUBSTITUTE OR "OR-EQUAL" ITEMS 10.01 The Agreement, if awarded, will be on the basis of materials and equipment described in the Drawings or stated in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or stated in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if approved, application for such approval will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application and consideration of application is set forth in the General Requirements and in Paragraphs 6.05.A, 6.05.B, 6.05.C, 6.05.D, 6.05.E, and 6.05.F of the General Conditions. ARTICLE 11 - BID FORM 11.01 The Bid Form is included with the Contract Documents; additional copies may be obtained from Engineer. 11.02 All blanks on the Bid Form must be completed in ink or by typewriter. 11.03 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed 246540 00200-8 . . . and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.04 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.05 All names must be typed or printed below the signature. 11.06 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.07 The address and telephone number for communications regarding the Bid must be shown. ARTICLE 12 - SUBMISSION OF BIDS 12.01 Bids shall be submitted as follows: A. Oral proposals or modifications will not be considered. B. It is the sole responsibility of the Bidder to see that his bid proposal is received at the proper place and in proper time. Any proposal received after the scheduled closing time for receipt of the proposals will be rejected. - C. In case of a difference between the unit prices and the extensions of the unit price, the unit prices shall govern. D. All bid proposals shall be submitted on the unaltered forms included with these Contract Documents. The blank spaces on the proposals shall be filled in correctly in ink or typewritten where indicated for each and every item for which a quantity is given, and the Bidder shall clearly indicate the prices for which he proposes to do each item of work contemplated. Additional copies of the Bid Form and other forms may be obtained from the Engineer. 246540 00200-9 . . . E. The Bid Form including required attachments shall be submitted in a sealed envelope clearly marked: PROPOSAL FOR: Lake Ri1ey/Rice Marsh Lake Water Quality Improvements Chanhassen, Eden Prairie, Minnesota Ri1ey-Purgatory-B1uff Creek Watershed District and the name of the Bidder. F. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notification "BID ENCLOSED" on its face. G. Bid proposal shall be delivered to: Riley-Purgatory-B1uffCreek Watershed District c/o Barr Engineering Co. 4700 West 77th Street Minneapolis, Minnesota 55435-4803 Attn: Bob Obermeyer not later than the date and time stated in the Advertisement for Bids unless modified by Addendum. ARTICLE 13 - MODIFICATION AND WITHDRAWAL OF BIDS 13.01 Bids may be withdrawn without prejudice to the Bidder by submitting a written request to the Owner at the address specified for the submission of Bids at any time prior to the time set for receipt of Bids. The request for withdrawal shall be executed in the manner a Bid must be executed; the request must be signed in the same manner and by the same person or persons who signed the bid and should not reveal the amount of the bid; if such request for withdrawal is not explicit and if it is in any sense subject to misinterpretation, the Bid shall be subject to either acceptance or rejection, as may be in the best interest of the Owner, and in its discretion. Withdrawn Bids may be modified and resubmitted anytime prior to the time set for the opening of Bids. Requests shall be clearly marked "Request for Withdrawal of Bid" and labeled with the project name. 246540 00200-10 . . . ARTICLE 14 - OPENING OF BIDS 14.01 Bids will be opened publicly and read aloud in such place as designated at the time and the date set in the Advertisement for Bids. Bidders or their authorized agents are invited to be present. ARTICLE 15 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 15.01 All bids will remain subject to acceptance for forty-five (45) calendar days after the Bid opening, but Owner may, in its sole discretion, release any Bid prior to that date. Bid security shall be returned as stated in ARTICLE 7 of these Instruction to Bidders. ARTICLE 16 - REJECTION OF BIDS AND AWARD OF CONTRACT 16.01 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to . disregard all nonconforming, non-responsive, unbalanced or conditional Bids. Also, Ownerreserves theright to reject the Bid of any Bidder if Owner believes that it would not be in the best interest ofthe project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices (if used) will be resolved in favor of the 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. 16.02 If the contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by Owner indicates to Owner that the Award will be in the best interests of the Project. 16.03 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within forty- five (45) calendar days after the day of the Bid opening. 246540 00200-11 . . . ARTICLE17-CONTRACTSEC~TY 17.01 Paragraphs 5.0 1.A, 5.0 1.B, and 5.01.C of the General Conditions sets forth Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds. ARTICLE 18 - SIGNING OF AGREEMENT 18.01 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten (10) calendar days thereafter Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner in accordance with the instructions for delivery in the Notice of Award along with the required Bonds, evidence of insurance, and any other required submittals. 18.02 Owner or Engineer will review required submittals and may require Successful Bidder to make revisions. Successful Bidder shall make required revisions and resubmit to Owner within five (5) calendar days of Owner's request for such revision. Within thirty (30) days upon final receipt of all acceptable materials, Owner will deliver one (1) fully signed counterpart of the Contract Documents to Contractor. Each counterpart is to be accompanied by a complete set ofthe Contract Documents with appropriate identification. ARTICLE 19-PAYMENT ANDRETAINAGE 19.01 Provisions concerning progress payments and final payment are set forth in Article 14 of the General Conditions as modified by the Supplementary Conditions. Additional payment procedures may be described in Sections 01270 and 01290 of the Specifications and the General Conditions as modified by the Supplementary Conditions. 19.02 No payment amounts on account of materials and equipment delivered to the site prior to installation will be made. Progress payments will only be made when materials are completely installed in accordance with the Contract Documents. 246540 00200-12 . . . 19.03 Retainage shall be 10 percent of the value of the Work completed up to and including 50 percent of the current Contract Price as determined by Engineer and after which, if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that so long as the character and progress of the Work remain satisfactory to them, remaining progress payments will be made in the amount of 100 percent of the value ofW ork completed less the amount retained on 50 percent of the current Contract Price as determined by Engineer. ARTICLE 20 - PRE-BID MEETING 20.01 A mandatory pre-bid meeting will be held at: A. 10:00 A.M., CST, on Tuesday, West 77th Street, Minneapolis, MN 55435. .200_ at the offices of Barr Engineering Company, 4700 20.02 Bids will be considered unresponsive unless Bidder's authorized representative has attended the mandatory pre-bid meeting as evidenced by representative's signature or handwritten name on the attendance roster for the pre-bid meeting. ARTICLE 21 - PRECONSTRUCTION CONFERENCE 21.01 Prior to the beginning of construction operations, a preconstruction conference will be held as provided for by paragraph 2.06 of the General Conditions. ARTICLE 22 - CONSTRUCTION LIMITS 22.01 Construction limits shall be as shown on the Drawings or as described in the Specifications. 246540 00200-13 . . . Bid Form 246498 . . . BID FORM LAKE RILEYIRICE MARSH LAKE WATER QUALITY IMPROVEMENTS CHANHASSEN, EDEN PRAIRIE, MINNESOTA RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT THIS BID FOR: LAKE RILEY/RICE MARSH LAKE WATER QUALITY IMPROVEMENTS IS SUBMITTED TO: Riley-Purgatory-BluffCreek Watershed District c/o Barr Engineering Co. 4 700 West 77th Street Minneapolis, Minnesota 55435-4803 Attn: Bob Obermeyer ARTICLE 1 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 Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2 2.01 Bidder accepts all of the terms and conditions of Advertisement for Bids (00100) and Instructions to Bidders (00200), including without limitation those dealing with the disposition of Bid Security, and other Contract Documents. This Bid will remain subject to acceptance as set forth in the Instruction to Bidders. Bidder shall sign and submit the Agreement with the Bonds and other documents required by the Contract Documents within ten (10) days after the date of Owner's Notice of Award. ARTICLE 3 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Contract Documents, and incorporated into the Agreement by reference, that: A. Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): No. Date Addendum Number Signature 1.) 2.) 3.) 246541 00400-1 . B. Bidder has familiarized itself with the nature and extent ofthe Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. C. Bidder has studied carefully all Subsurface and Physical Conditions as they relate to subsurface conditions, existing structures, and underground facilities and utilities as identified in paragraphs 5.02.A, 5.02.B, and 5.02.C of the Instructions to Bidders, and accepts the terms of paragraphs 5.02.A, 5.02.B, and 5.02.C in the Instructions to Bidders as to the extent of the technical data upon which Bidder is entitled to rely. D. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, studies, and drawings which pertain to the surface and subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraphs 5.02.A and 5.02.B of the Instructions to Bidders; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. . E. Bidder has reviewed and checked all information and data with respect to existing Underground Facilities and Utilities at or contiguous to the site whether shown or indicated, or not shown or indicated, on the Drawings and Bidder assumes full responsibility for the accurate location of said Underground Facilities and Utilities prior to the performance of all elements ofthe Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities and Utilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the otherterms and conditions of the Contract Documents, including specifically the provisions of paragraph 5.02.C of the Instructions to Bidders and paragraphs 4.04.A and 4.04.B of the General Conditions. F. Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, studies, and drawings with the terms and conditions of the Contract Documents. G. Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding. I. This Bid has been arrived at by the Bidder independently, and has been submitted without collusion with, and without any agreement, understanding, or planned common course of action with any other Bidder or vendor of materials, supplies, equipment or services described in the Contract Documents designed to, or acting to, limit independent bidding or competition. . 246541 00400-2 . . . BID FORM LAKE RILEYIRICE MARSH LAKE WATER QUALITY IMPROVEMENTS CHANHASSEN, EDEN PRAIRIE, MINNESOTA RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT THIS BID FOR: LAKE RILEYIRICE MARSH LAKE WATER QUALITY IMPROVEMENTS IS SUBMITTED TO: Riley-Purgatory-BluffCreek Watershed District c/o Barr Engineering Co. 4700 West 77th Street Minneapolis, Minnesota 55435-4803 Attn: Bob Obermeyer ARTICLE 1 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 Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2 2.01 Bidder accepts all of the terms and conditions of Advertisement for Bids (00100) and Instructions to Bidders (00200), including without limitation those dealing with the disposition of Bid Security, and other Contract Documents. This Bid will remain subject to acceptance as set forth in the Instruction to Bidders. Bidder shall sign and submit the Agreement with the Bonds and other documents required by the Contract Documents within ten (10) days after the date of Owner's Notic~ of Award. ARTICLE 3 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Contract Documents, and incorporated into the Agreement by reference, that: A. Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): No. Date Addendum Number Signature 1.) 2.) 3.) 246541 00400-1 . . . B. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. C. Bidder has studied carefully all Subsurface and Physical Conditions as they relate to subsurface conditions, existing structures, and underground facilities and utilities as identified in paragraphs 5.02.A, 5.02.B, and 5.02.C of the Instructions to Bidders, and accepts the terms of paragraphs 5.02.A, 5.02.B, and 5.02.C in the Instructions to Bidders as to the extent of the technical data upon which Bidder is entitled to rely. D. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, studies, and drawings which pertain to the surface and subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraphs 5.02.A and 5.02.B of the Instructions to Bidders; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. E. Bidder has reviewed and checked all information and data with respect to existing Underground Facilities and Utilities at or contiguous to the site whether shown or indicated, or not shown or indicated, on the Drawings and Bidder assumes full responsibility for the accurate location of said Underground Facilities and Utilities prior to the performance of all elements of the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities and Utilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 5.02.C of the Instructions to Bidders and paragraphs 4.04.A and 4.04.B of the General Conditions. F. Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, studies, and drawings with the terms and conditions ofthe Contract Documents. G. Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding. L This Bid has been arrived at by the Bidder independently, and has been submitted without collusion with, and without any agreement, understanding, or planned common course of action with any other Bidder or vendor of materials, supplies, equipment or services described in the Contract Documents designed to, or acting to, limit independent bidding or competition. 246541 00400-2 . . . J. This Bid has not been communicated by the Bidder or its employees or agents to any person not an employee or agent of the Bidder or its surety on any Bond furnished with the Bid, and will not be communicated to any such person prior to the opening of the Bid. ARTICLE 4 4.01 Bidder will complete the Work for the following price(s)as referenced in Section 01270 ofthe Specifications: A. BID ITEMS Item Description Unit Estimated Unit Price Extension Quantity 1.04A Project Mobilization/Demobilization L.S. 1 1.04B Plantings Establishment and Maintenance L.S. t . RM-1.1 Rice Marsh Lake Park Pond (City RM-P4.9) ~ 1.04C Site Mobilization/Demobilization L.S. 1 1.04D Rock Erosion Control Construction Each 1 Entrance 1.04E Silt Fence L.F. 880 1.04G 18" Dia. Siltation Sock, (Temporary L.F. 880 Erosion Control) 1.04F 18" Dia. Seeded Siltation Sock (permanent) L.F. 1,050 1.041 Erosion Control Ground Cover/Mulch S.Y. 8,822 1.04CC Erosion Control Mat S.Y. 300 1.04J . Clearing & Grubbing Acre 2.4 1.04P Remove 48" RC.P. Flared End Section L.F. 8 1.04K Topsoil C.Y. 888 1.04T Temporary Tree Protection Fence L.F. 380 1.04L Pond Excavation C.Y. 19,273 1.04M Backfill C.Y. 312 1.04N Grading S.Y. 8,222 1.040 Excavated Material Disposal C.Y. 18,961 1.04R Construct 96" Dia. Manhole . L.F. 11 1.04Q Install 60" RC.P. L.F. 48 1.04Q Install 60" RC.P. Flared End Section Each 1 1.04RR Pipe Bedding Material C.Y. 8 246541 00400-3 . . . Item Description Unit Estimated Unit Price Extension Quantity 1.04V Aggregate %" Rock Ton 73 1.04W Geotextile Wrap, MN/DOT Type 5 Fabric S.Y. 2,340 1.04S Class III Rip Rap with Filter & Fabric C.Y. 64 1.04X Two Rail Red Cedar Split Rail Fence L.F. 430 1.04Y Turf Establishment Acre 0.07 1.04Z Seeding Natural Area (Wet Prairie Seed Acre 0.54 Mix) 1.04Z Seeding Natural Area (Emergent Zone Mix) Acre 0.27 1.04AA Trees (River Birch, minimum 2" Dia.) Each 10 1.04AA Trees (Swamp White Oak, minimum 2" Each 4 Dia.) 1.04TT Tree Protection Tube Each 14 1.04BB Shrubs (Cardinal Red Twig Dogwood) Each 89 1.04UU Shredded Hardwood Mulch C.Y. 29 1.04DD Remove Bituminous S.Y. 800 1.04EE Repairs to Existing Bituminous Trail (3" S.Y. 800 Deoth ) RM-2.2 Whitehill Pond (City RM-P5.3) 1.04C Site Mobilization/Demobilization L.S. 1 1.04D Rock Erosion Control Construction Each 1 Entrance 1.04E Silt Fence L.F. 420 1.04G 18" Dia. Siltation Sock, (Temporary L.F. 420 Erosion Control) 1.04H Erosion Control Inlet Protection Each 6 1.041 Erosion Control Ground CoverlMulch S.Y. 1,093 1.04CC Erosion Control Mat S.Y. 66 1.04J Clearing & Grubbing Acre 0.22 1.04K Topsoil C.Y. 182 1.04L Pond Excavation C.Y. 1,851 1.04M Backfill C.Y. 182 1.04N Grading S.Y. 1,093 1.040 Excavated Material Disposal C.Y. 1,669 1.04S Class III Rip Rap with C.Y. 26 Filter & Fabric 246541 00400-4 . . . Item Description Unit Estimated Unit Price Extension Quantity 1.04Y Turf Establishment Acre 0.01 1.04Z Seeding Natural Area (Wet Prairie Seed Acre 0.23 Mix) 1.04AA . Trees (River Birch, minimum 2" Dia) Each 8 1.04TT Tree Protection Tube Each 8 1.04BB Shrubs (Cardinal Red Twig Dogwood) Each 27 1.0400 Shredded Hardwood Mulch C.Y. 13 1.04DD Remove Bituminous S.Y. 500 1.04FF Repair Bituminous Parking Lot (If S.Y. 500 Necessary to 3" Depth) 1.04HH Removal of Existing Pond Water L.S. 1 1.04GG Traffic Control L.S. 1 , RM-2.5 Siltation Basin . 1.04C Site MobilizationlDemobilization L.S. 1 1.04E Silt Fence L.F. 335 1.04G 18" Dia. Siltation Sock, (Temporary L.F. 335 Erosion Control) 1.04CC Erosion Control Mat S.Y. 178 1.04J Clearing & Grubbing Acre 0.10 1.04K Topsoil C.Y. 25 1.04II Excavate Silt C.Y. 194 1.04JJ Excavate Channel C.Y. 50 1.04M Backfill C.Y. 25 1.04N Grading S.Y. 489 1.040 Excavated Material Disposal C.Y. 219 1.04S Class ill Rip Rap with Filter & Fabric C.Y. 219 1.04U Aggregate Class 5 C.Y. 54 1.04K Granular Sub Base C.Y. 39 1.04Y Turf Establishment Acre 0.01 1.04Z Seeding Natural Area (Wet Prairie Seed Acre 0.16 Mix) 1.04Z Seeding Natural Area (Dry Prairie Seed Acre 0.10 Mix) 1.04AA Trees (Kentucky Coffee Tree, minimum 2" Each 6 Dia.) 246541 00400-5 . . . Item Description Unit Estimated Unit Price Extension Quantity 1.04AA Trees (Bur Oak, minimum 2" Dia.) Each 5 1.04TT Tree Protection Tube Each 11 1.04BB Shrubs (Grey Dogwood) Each 12 1.04UU Shredded Hardwood Mulch C.Y. 16 1.04LL Raise MCES Manhole and Casting Each 1 Assembly 1.04MM Repair Existing Trash Guard L.S. 1 RM-2.6 Cheyenne Ave. Pond (City RM-P5.7) 1.04C Site MobilizationlDemobilization L.S. 1 1.04D Rock Erosion Control Construction L.S. 1 Entrance 1.04D Rock Erosion Control Construction L.S. 1 Entrance Special 1.041 Erosion Control Ground Cover/Mulch S.Y. 3,822 1.04E Silt Fence L.F. 1,180 1.04G 18" Dia. Siltation Sock, (Temporary L.F. 1,180 Erosion Control) 1.04CC Erosion Control Mat S.Y. 250 1.04J Clearing & Grubbing Acre 1.6 1.04K Topsoil C.Y. 474 1.04DD Remove Bituminous Path S.Y. 36 1.04P Remove 18" C.M.P. Culverts L.F. 60 1.04NN Modify Existing Outlet Structure L.S. 1 1.04SS Fabricate and Install Trash Rack L.S. 1 1.04Q Install 48" C.P.E.P.P. L.F. 58 1.04Q Install 48" C.P.E.P. Flared End Sections Each 2 1.04Q Install 24" P.V.C - SDR 35 L.F. 4 1.04Q Install 24" P.V.C. 45Degree Bend Each 1 1.04RR Pipe Bedding Material C.Y. 18 1.04L Pond Excavation C.Y. 7,865 1.04M Backfill C.Y. 551 1.04QQ Construct Berm Materials C.Y. 346 1.04N Grading S.Y. 3,822 246541 00400-6 . . . Item Description Unit Estimated Unit Price Extension Quantity 1.040 Excavated Material Disposal C.Y. 7,314 1.04U Aggregate Class 5 C.Y. 6 . 1.04KK Granular Sub Base C.Y. 5 1.04FF 3" Bituminous Trail (L VWE45030B) S.Y. 36 1.0400 3/8" Minus Rock Trail Mix C.Y. 50 1.04S Class ill Rip Rap with Filter & Fabric C.Y. 163 1.04PP Permanent Turf Reinforcement Mat S.Y. 60 1.04Y Turf Establishment Acre 0.06 1.04Z Seeding Natural Area (Mesic Prairie Seed Acre 0.74 Mix) 1.04Z Seeding Natural Area (Emergent Zone Mix) Acre 0.34 1.04AA Trees (River Birch, minimum 2" Dia.) Each 15 1.04AA Trees (Bur Oak, minimum 2" Dia.) Each 5 1.04TT Tree Protection Tube Each 20 1.04UU Shredded Hardwood Mulch C.Y. 4 1.04FF Repairs to Existing Bituminous Path (3" S.Y. 530 Deoth) RM-6.5 Market Blvd. Pond (City RM-P4.5) 1.04C Site MobilizationlDemobilization L.S. 1 1.04D Rock & Bituminous Erosion Control L.S. 1 Construction Entrance 1.04E Silt Fence L.F. 1,850 . 1.04G 18" Dia. Siltation Sock, (Temporary L.F. 1,850 Erosion Control) 1.04H Erosion Control Inlet Protection Each 3 1.041 Erosion Control Ground CoverlMulch S.Y. 3,083 1.04CC Erosion Control Mat S.Y. 178 1.04J Clearing & Grubbing Acre 0.42 1.04P Remove Existing 15" R.C.P. Flared End L.F. 8 Section 1.04K Topsoil C.Y. 342 1.04L Pond Excavation C.Y. 24,523 1.04M Backfill C.Y. 210 1.04N Grading S.Y. 8,222 246541 00400-7 . . Item Description Unit Estimated Unit Price Extension Quantity 1.040 Excavated Material Disposal C.Y. 24,313 1.04S Class ill Rip Rap with Filter & Fabric C.Y. 68 1.04R Construct 48" Dia. Manhole L.F. 8 1.04Q 18" R.C.P. L.F. 48 1.04Q 18" R.C.P. Flared End Section with trash Each 1 Rack 1.04Y Turf Establishment Acre 0.08 1.04Z Seeding Natural Area (Mesic Prairie Seed Acre 0.93 Mix) 1.04Z Seeding Natural Area (Emergent Zone Mix) Acre 0.38 1.04AA Trees (River Birch, minimum, 2" Dia.) Each 13 1.04TT Tree Protection Tube Each 13 1.0400 Shredded Hardwood Mulch C.Y. 3 1.04HH . Removal of Existing Pond Water L.S. 1 1.0400 Traffic Control L.S. 1 TOTAL BASE BID ---> GRAND TOTAL OF BASE BID EXTENSIONS (in words) Dollars ($ ) 4.02 Quantities are not guaranteed. Final payment will be based on actual quantities of work performed as determined by the Engineer in accordance with Article 9 of the General Conditions. ARTICLE 5 5.01 Bidder agrees that the entire Work will be substantially complete and completed and ready for final payment in accordance with Article 14 of the General Conditions within the number of calendar days, or by the date, provided in Article 8 of the Instructions to Bidders. . 5.02 Bidder accepts the provisions of the Contract Documents as to liquidated damages (Article 9 of the Instructions to Bidders) in the event of failure to complete the Work on time. 246541 00400-8 . . . ARTICLE 6 6.01 Bid Security meeting the requirements set forth in the Instruction to Bidders is attached to and made a condition of this Bid. ARTICLE 7 7.01 Bidder understands and agrees that Owner reserves the right to reject any or all Bids and to waive formalities. It is further understood and agreed that this Bid may not be withdrawn within forty-five (45) calendar days following opening of Bids. ARTICLE 8 8.01 The terms used in this Bid which are defined in the other Contract Documents have the meanings assigned to them in the Contract Documents. ARTICLE 9 9.01 Communications concerning this Bid shall be addressed to the address of Bidder indicated below. THIS BID IS SUBMITTED BY: Firm Name: By: Title: Official Address: Phone: ( ) Federal Tax I.D. No.: Date: 246541 00400-9 . . . Form of Agreement 246498 . . . FORM OF AGREEMENT LAKE RILEYJRICE MARSH LAKE WATER QUALITY IMPROVEMENTS CHANHASSEN, EDEN PRAIRIE, MINNESOTA RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT THIS AGREEMENT is by and between Ri1ey-Purgatorv-Bluff Creek Watershed District (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 for the Lake Ri1ey/Rice Marsh Lake Water Quality Improvements, Chanhassen, Eden Prairie, Minnesota. The Work is generally described in Division 1 (General Requirements) of the Technical Specifications. The Work to be provided under the Contract Documents may be the whole or only a part of the total construction for the Project. Article 2. ENGINEER 2.01 The Project has been designed by Engineer (defined in the Supplementary Conditions) and Engineer is to act as Owner's representative, assume all duties and responsibilities and have the limited rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. The duties and responsibilities and rights and authority of Engineer can not be extended without written consent of Owner and Engineer. Article 3. CONTRACT TIMES 3.01 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. 3.02 Dates of Substantial Completion and Final Payment A. The number of calendar days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Times) are set forth in the Instructions to Bidders except as may be stated below: No exceptions. 246542 00500-1 . . \ . 3.03 Liquidated Damages A. Owner and Contractor 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 referred to or specified in paragraph 3.02.A above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Owner reserves the right to assess Contractor and Contractor agrees to pay liquidated damages as provided in the Instructions to Bidders. Article 4. CONTRACT PRICE 4.01 Owner shall pay Contractor for completion of the Work, all as Unit Price Work, in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and 4.01.C below. A. For all Unit Price Work including lump sum units, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the actual quantity of that item as determined by Engineer as provided in paragraph 9.10 of the General Conditions. The established unit price shall be as set forth in the Bid Form except as may be stated below or adjusted by Modification to this Agreement. No exceptions. B. The initial or estimated Contract Price as determined by the sum of the established unit price for each item of Work times the estimated quantity of that item as set forth in the Bid Form is: $ (U.S. dollars) {using words} C. As provided in paragraph l1.03.A of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by Engineer as provided in paragraph 9.08 of the General Conditions and such determinations by Engineer will be used to compute the final Contract Price. Contractor acknowledges that unit prices as set forth above, in the Bid Form, and in Modifications have been or will be computed as provided in paragraph l1.03.B of the General Conditions. Article 5. PAYMENT PROCEDURES 5.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions as may be modified by the Supplementary Conditions. 5.02 Progress Payments,' Retainage A. Contractor's Applications for Payment will be processed by Engineer as provided in the General Conditions as may be modified by the Supplementary Conditions. Retainage on account of progress payments will be as provided for in the Instructions to Bidders. 246542 00500-2 . 5.03 Final Payment A. Final payment will be prepared and paid in accordance with paragraph 14.07 ofthe General Conditions. Article 6. INTEREST 6.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at a maximum rate equal to the sum of the prevailing "Prime Rate" in the geographical area of the Project plus 2 percent (2%). Article 7. CONTRACTOR'S REPRESENTATIONS 7.01 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 including all Addenda and the other related data identified in the Bidding Documents including "technical data." 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, performance or furnishing 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, performance or furnishing of the Work. D. Contractor makes all representations, previously made as Bidder, upon signing and submitting the Bid Form as though fully repeated herein. E. Contractor is 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 Contract Documents. F. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports, and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. G. 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, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work are listed in the Instructions to Bidders which are, with the exception of the Specifications, more specifically identified in the heading or title block as "Lake Riley/Rice Marsh Lake . 246542 00500-3 . Water Quality Improvements, Chanhassen, Eden Prairie, Minnesota" and, except for Modifications and this Agreement, are attached to this Agreement. B. Written Amendments, Modifications, Change Orders, and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.04 of the General Conditions as modified by the Supplementary Conditions shall become attached to this Agreement on the effective date of such document. C. There are no Contract Documents other than those identified above in this Article 8. Beginning on the Effective Date of this Agreement the Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.04 of the General Conditions as modified by the Supplementary Conditions. Article 9. MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement which are defined in the General Conditions have the meanings assigned to them in the General Conditions except as modified by the Supplementary Conditions. B. Terms used in this Agreement which are defined in the Contract Documents have the meanings assigned to them in the Contract Documents. 9.02 Assignment of Contract . A. No assignment by a party hereto of any rights under or interests in the Contract Documents 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. . 9.03 Successor! 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. 9.04 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. 9.05 Other Provisions A. This Agreement shall be governed by the laws of the State of Minnesota. B. There are no other provisions. 246542 00500-4 . " . . IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Owner, Contractor and Engineer. All portions of the Contract Documents have been signed, initialed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on Agreement). , _ (which is the Effective Date ofthe Owner: Contractor: By: By: [CORPORATE SEAL] , [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notice License No. (If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. If Owner is a corporation, attach evidence of authority to sign.) Agent for service of process: (If Contractor is a corporation, attach evidence of authority to sign). Designated Representative (if other than Engineer): Name: Designated Representative (if different from above): Name: Title: Title: Address: Address: Phone: Facsimile: Phone: Facsimile: 246542 00500-5 . . . General Conditions 246498 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the '. Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By ...-.... ..... ..... . -.- ..... ...".;.,.~", 'i .....!A..C. .. EC.' , . . .' . '. . . . -.' .." '. .' . . . . . .. .' . . . 'NafionalSociefYof . Professional Engineers Professional Engineers in Private Practice illS' ~I Ame;icanSociety , ~ ."J. ,of Civil Engineers AM1!JtICAN COUNCIL 01' ENatNltlUtlHQ CoMl"ANIES . PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMP~S AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America ~ KllowIedge for CreaUng -:lb and Sustaining the Bulil Environment Construction Specifications Institute . EJCDC C.700 Standard General Conditions of the Construction Contract. Copyright@2002 National Society of Professional Engineers forEJCDC. 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 Be~ween Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated anda 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 A cceptance 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 of Insurance .. ........ .......................................................................... ....... ............ .................................15 5.04 Contractor's Liability Insurance ........... ............................. .......................................... .......~................. ................ .15 5.05 Owner's Liability Insurance............. ...................................... ......... .......... ............ ......... ........ ..... .......... .................. .16 5.06 Property Insurance. ................... ............. ........ ............................................. .................... ..................... .......--.. .... ...16 5.07 Waiver of Rights ... ............ .............................. ...... ........................................... .......................................................17 5.08 Receipt and Application of Insurance Proceeds ................ ....................................................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................................................17 5.10 Partial Utilization, Acknowledgment of Property Insurer .....................................................................................18 ARTICLE 6 - CONTRACTOR'S RESPONSffiILITIES.. ................... .................. ............................................................ .......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 Reg ulations ......... ................................................................ ...................................................... ...... ..... ..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 No tification 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 De lays .................................................................................... ............................................ ............. ..................... ..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 Co rrection Period ............................................................. .............................. ............ ........ .............. .....................34 13.08 Acceptance of Defective Wark......... ........................ ..... .... ...... .... ....... .................... ......................... ........................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 Finall nspection ........ .......... ........................................... ...................... ........ ......................................................... .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 ARTICLE 17 _ MISCELLANEOUS ....... ............ ................... .......... .................................................... .....................................41 17.01 Giving Notice ............................... ............ ........... ...................... .................... ............................................. ............41 17.02 Computation of Times .......... ....................... ....... .......... ........................................................................................ ..41 17.03 Cumulative Remedies ........................... ................ .......... .............................. ......................... ................................ .41 17.04 Survival of Obligations ................................ ...... ................................................................... .................................41 17.05 Controlling Law . ............................ ................................... ................. ............. ................................. ......................41 17 .06 Headings ............ ........... .................................................... .....................................................................................41 " EJCDC C-700 Standard General Conditions oC the Construction CGntract. Copyright @ 2002 National Society oC ProCessional Engineers Cor 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. Applicationfor 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-oSee Paragraph 11.01.A for definition. 17. Drawings-- That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer-The individual or entity named as such in the Agreement. ElCDC C-700 Standard General Conditions of the Construction Contract. Copyright Ii;) 2002 National Society of Professional Engineers for ElCDC. 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 WastenThe 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 Wark 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. Specijications--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 EJCDe. All rights reserved. 00700 - 7 52. Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright@2002NationalSocietyofProfessionalEngineers for EJCDC. All rights reserved. 00700 - 8 administrative requirements and procedural matters applicable thereto. . 44. Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. . 48. Supplier--A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities--AlI underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work-Work to be paid for on the basis of unit prices. 51. Work--The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing,. and incorporating all materials and equipment into such construction, all as required by the Contract Documents. . but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 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). A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of ProfessionaIEngineers for EJCDC. All rights reserved. 00700 - 9 E. Furnish, Install, Peiform, Provide . 1. The word "furnish," when used. in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATIERS . 2.01 Delivery of Bonds and Evide,!ce 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 furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed . 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 Wark, 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 . 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 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract 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 applicable to the performance of the Work EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 clarification. written interpretation or 3.05 Reuse of Documents . A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data . A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long 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 SUBSURFACE AND PHYSICAL HAZARDOUS ENVIRONMENTAL REFERENCE POINTS OF LANDS; CONDITIONS; CONDITIONS; 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @2002National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 11 4.02 Subsuiface and Physical Conditions . A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: . 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opInIOnS, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsuiface 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 notfurtbet disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet anyone or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the' existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright@2002NationalSocietyoCProCessional 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 promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall . be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will EJCDC C-700 Standard General Conditions of the Construction ContracL 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 W or~ stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 1. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Peiformance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions or the Construction Contract. Copyright@ 2002 National Society of ProressionaJ 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.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers . A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded. to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (!;) 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 15 . 3. include completed operations insurance; . 4. include contractual covering Contractor's indemnity Paragraphs 6.11 and 6.20; liability insurance obligations under 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after final payment. . a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: . 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until -tinal 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@2002NationalSociety ofl'rofessional Engineers for EJCDC. All rights reserved. 00700.16 . deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights . A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss -covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C-700 Standard General Conditions Dfllie Construction Contract. Copyright (!:l2002 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.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.1 0 Partial Utilization, Acknowledgment of Property Insurer . A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence,. or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. . B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment,labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. H 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 EJCOC. All rights reserved. 00700 - 18 . 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2) it will conform substantially to the detailed. requirements of the item named in the Contract Documents. 2. Substitute Items 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.l, it will be considered a proposed substitute item. 6.05 Substitutes and "Or-Equals" b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. . 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.l, a proposed item of material or equipment will be considered functionally equal to an item so named if: d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, a. in the exercise of reasonable judgment Engineer determines that: b) be similar in substance to !!tat specified, and 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; c) be suited to the same use as that specified; 2) will state: 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; . 1) there will be no increase in cost to the Owner or increase in Contract Times, and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 19 b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: . c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, . B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. Documents (or in the provlSlons of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute. Contractor shall also reimburse Owner for the Engineer to payor to see to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Coilditions of the Construction Contract. Copyright @2002National 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, tfie 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 ProCessional 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 andthe Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall proVide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- 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 01D1SS10nS 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 p'revention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs . A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.l7.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and progtams 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 . a. Submit number of copies specified III the General Requirements. A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A. Contractor shall carryon the Work and adhere limited to all fees and charges of engineers, architects, to the Progress Schedule during all disputes or attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @2002National Society ofProfessionaJ Engineers for EJCDC. All rights reserved. 00700 . 24 with respect to Contractor's review and approval of that submittal. . 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. . 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.l. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. . 6.18 Continuing the Work . disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification . arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease. or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. . C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and 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 RESPONSIDILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 lnsurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright@2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 " 26 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 ha ve 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 8.09 Limitations on Owner's Responsibilities . A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Condition Environmental Hazardous A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION . 9.01 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. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. 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 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 Determinationsfor Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. . 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a .written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 1O.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. . under 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 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.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: . 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 1O.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carryon the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety . A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other, party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.C or denial pursuant to Paragraphs 1O.05.C.3 or 1O.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C-700 Standard General Conditions of the Construction 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.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph I1.01.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. AU trade discounts, rebates and ref~nds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b; Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.0), provided such losses and damages have EJCDC C.700 Standard General Conditions of the Construction Contract. Copyright @2002 National Society ofProfessiunaJ Engineers for EJCDC. All rights reserved. 00700. 30 A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work C. Contractor's Fee: When all the Work is times the estimated quantity of each item as indicated in performed on the basis of cost-plus, Contractor's fee shall the Agreement. EJCDe C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of ProCessional Engineers for EJCDC. All rights reserved. 00700 . 31 . resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: . 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.l or specifically covered by Paragraph 11.01.AA, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A and 11.01.B. . be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that. a. contingency allowance, if any, is for the sole use of Owner to cover ~nanticipated 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 . B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and . 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or . 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.I and I1.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.l and II.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee. shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in anyone change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance wIth Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C- 700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 32 by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. . B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fIres, floods, epidemics, abnormal weather conditions, or acts of God. . B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fIre, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained. by Contractor on or in connection With any other project or anticipated project. ARTICLE 13 TESTS 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. AIl 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: I. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereot) specifIcally to be inspected, tested, or approved by an employee or other representative of such public body, Contract~r 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 EJCnc. 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; II.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ~ 2002 Nation3I Society oCProCessional Engineer!! Cor EleDC. 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 OWQer 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 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C-700 Standard General Conditions of the" ConStruction Contract. Copyright@2002 National Society ofProfessionaJ Engineers for EJCDC. All rights reserved. " 00700 - 36 e 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. e. 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 professiorial 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: e 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 ana-clear of any Liens. . inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner 'with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment . 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B5.a through 14.02.B.5.c or Paragraph 15.02.A. . 2. If Owner refuses to make payment of the fuIl 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.Cl. 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 Wark. 3. Within a reasonable time after either such request. Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Wark or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the oplDlon of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance L If, on the basis of Engineer's observation of A. Upon written notice from Contractor that the the Wark during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright@2002NationalSocietyofProfessionalEngineersfor EJCDe. All rights reserved. 0lY700 - 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 n(}cessary 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 ofthe 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 firial inspection pursuant to Paragraph 14:06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and with the requirements herein and expressly acknowledged by Ownerin writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminatefor Cause A. The occurrence of anyone or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700- 39 . 3. complete the Work as Owner may deem expedient. . C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. . E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor 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 lO.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 1O.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 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 their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provlSlon 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 aU 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 lfeadings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-760 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for E,lCDC. AD rights reserved. 00700 - 41 . . . Supplementary Conditions 246498 . . . SUPPLEMENTARY CONDITIONS LAKE RILEYIRICE MARSH LAKE WATER QUALITY IMPROVEMENTS CHANHASSEN, EDEN PRAIRIE, MINNESOTA RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC C-700, 2002 Edition) hereinafter referred to as the "General Conditions," 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 will have the meaning indicated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, or elsewhere in the Contract Documents, which are applicable to both the singular and plural thereof. SC-1.01.A.12 Delete the defmition of Contract Documents in Paragraph 1.01.A.12 ofthe General Conditions in its entirety and insert the following in its place: Contract Documents - The items which comprise the Contract Documents are set forth in the Instructions to Bidders. Only printed or hard copies of the items listed are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by Owner or Engineer to Contractor are not Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. SC-1.01.A.19 Delete the defmition of Engineer in Paragraph 1.01A.19 of the General Conditions in its entirety and insert the following in its place: Engineer - Barr Engineering Co., 4700 West 77th Street, Edina, Minnesota, 55435 (Phone: 952...B32-2600; Fax: 952-832-2601). Engineer may designate an employee to serve as Project Engineer. This designation can be changed upon written notification to Contractor. All correspondence to or through Engineer shall be directed to the attention of the designated Project Engineer. SC-1.01.A.29 Delete the defmition of Owner in Paragraph 1.01.A.29 of the General Conditions in its entirety and insert the following in its place: Owner - Riley-Purgatory-Bluff Creek Watershed District with whom Contractor has entered into the Agreement and for whom the Work is to be provided. SC-1.01.A.53 Add the following defmed terms to Paragraph 1.01.A of the General Conditions: 53. Bid Proposal; Bid Form; Bid Proposal Form - The preseribed form on whiehbidder submits bidder's offer or proposal setting forth the bidder's prices for the Work to be performed. 54. Field Memorandum - A written statement issued by Engineer which clarifies or interprets the Contract Documents in accordance with Paragraph 9.04 of the General Conditions. 246543 00800-1 . . . SC-2.01.B SC-2.02.A SC-2.03.A SC-2.08 246543 55. General Conditions - Standard General Conditions of the Construction Contract (EJCDC C-700, 2002 Edition). Any reference to the General Conditions shall also be a reference to the Supplementary Conditions. 56. Contract Modification - a) a Change Order or b) a Field Order. A modification may only be issued after execution of the Agreement. 57. Utilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, poles or other such facilities or attachments and supports, and any encasements containing such facilities which have been installed above or underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 58. As Specified, as specified - In accordance with the requirements of the Contract Documents. 59. Technical Specifications - The Specifications. and as so amended, Paragraph 1.01 remains in effect. Delete Paragraph 2.01.B of the General Conditions in its entirety and insert the following in its place: Evidence of Insurance: Before any Work at the Site is started, Contractor shall deliver to Owner, with a copies to Engineer, certificates of insurance including copies of endorsements required by Contract Documents (and other evidence of insurance requested by Owner) which Contractor is required to purchase and maintain in accordance with the Agreement and Article 5 of the General Conditions. Delete Paragraph 2.02.A of the General Conditions in its entirety and insert the following in its place: Owner shall furnish Contractor up to five copies of the Contract Documents. Additional copies will be furnished upon request at the Owner's cost of reproduction. Delete Paragraph 2.03.A of the General Conditions in its entirety and insert the following in its place: The Contract Time will commence to run on the day indicated in the Notice to Proceed. Contractor's failure to proceed immediately with the performance of the Work shall not be justification for Contractor to make a claim for an adjustment of the Contract Time or a change in the Contract Price and shall be deemed to be a delay within Contractor's control under Paragraph 12.03.E of the General Conditions. Add the following Paragraph after Paragraph 2.07.A.3: 2.08 Progress Meetings A. Contractor shall attend progress meetings as required by the Technical Specifications. 00800-2 . . . SC-3.01.A SC-3.01.B Delete Paragraph 3.01.A of the General Conditions in its entirety and insert the following in its place: The Contract Documents are intended to be complementary; what is called for by one is as binding as if called for by all. However, in the case of a discrepancy in the documents, the order of precedence for the documents shall be as follows (provisions of the documents listed ftrst below shall control over the provisions of a document listed later): a. Change Orders, Work Change Directives, Field Orders b. Agreement c. Purchase Order or similar document (if applicable) d. Notice to Proceed e. Addenda f. Field Memorandums g. Bid Form h. Instructions to Bidders 1. Specifications j. Drawings k. Supplementary Conditions 1. General Conditions m. Any standard plans or standard speciftcations n. Bonds. Add the following language immediately after the second sentence of Paragraph 3.01.B of the General Conditions: Any item or items shown on the Drawings or described in the Specifications, but not specifically included in any of the unit prices, shall be considered incidental to the other work. and as so amended, Paragraph 3.01.B remains in effect. SC-3.02.A.l Add the following language following the last sentence of Paragraph 3.02.A.l of the General Conditions: 246543 If there is any conflict between the provisions of the Contract Documents and any such referenced provisions, such discrepancy shall be resolved by in accordance with Paragraph 3.03.B of the General Conditions. and as so amended, Paragraph 3.02.A.l remains in effect. 00800-3 . . . SC-3.04.B.i Delete the phrase"A Field Order;" from Paragraph 3.04.B.l and insert the following in its place: A Field Order or Field Memorandum (pursuant to Paragraphs 9.04); and as so amended, Paragraph 3.04.B.l remains in effect. SC-3.05.A.l Delete the phrase "bearing the seal of Engineer" from Paragraph 3.05.A.l of the General Conditions and insert the following phrase in its place: bearing the certification or seal of Engineer and as so amended, Paragraph 3.05.A.l remains in effect. SC-3.06.B Delete the last sentence in Paragraph 3.06.B and insert the following in its place: Any errors detected within the 60 day acceptance period will be corrected by the transferring party except for those errors resulting from the use of software application package, operating systems, or computer hardware differing from those used by the data's creator. and as so amended, Paragraph 3.06.B remains in effect. SC-4.01.A Add the following after the first sentence of Paragraph 4.01.A The construction limits as provided by Owner are shown on the Drawings except as may be otherwise described in the Specifications. and as so amended, Paragraph 4.01.A remains in effect. SC-4.01.C Delete Paragraph 4.01.C of the General Conditions in its entirety and insert the following in its place: Contractor shall provide for all additional lands and access thereto that Contractor may require for performance of the Work, temporary construction facilities, or storage of materials and equipment. SC-4.02.A.l Delete Paragraph 4.02.A.l of the General Conditions in its entirety and insert the following in its place: 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 additional provisions related thereto are identified in the mstructions to Bidders; and SC-4.02.A.2 Delete Paragraph 4.02.A.2of the General Conditions in its entirety and insert the following in its place: those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities and Utilities) that Engineer has used in preparing the Contract Documents and additional provisions relating thereto are identified in the mstructions for Bidders. 246543 00800-4 . . . SC-4.04.A SC-5.01.A SC-5.04.A 246543 Delete Paragraphs 4.04.A through 4.04.B.2 of the General Conditions in their entirety and insert the following in their place: Refer to the Instructions for Bidders for the provisions relating to Underground Facilities and Utilities. Add the following sentence to the end of Paragraph 5.0 I.A of the General Conditions: Contractor shall furnish such additional Bonds as may be required by any permitting authority as a condition of any such permit. and as so amended, Paragraph 5.01.A remains in effect. Amend Paragraph 5.04.A of the General Conditions as follows: Add the following limits of liability and coverages to Paragraph 5.04 of the General Conditions: The CONTRACTOR and Subcontractors shall maintain insurance for Comprehensive Public Liability and Broad Form Property Damage, Comprehensive Automobile Public Liability and Property Damage, Contractual Liability, Completed Operations Liability and Explosion, Collapse and Underground Property Damage. The provisions must include coverage for Bodily Injury Liability which includes bodily injury claims from the CONTRACTOR's and Subcontractor's employees. Minimum coverage shall be as follows: Worker's Compensation: Statutory Employer's Liability per Occurrence: as required by Laws and Regulations. Liability: Bodily Injury and Property Damage Combined $ 500.000 $ 1.000.000 each occurrence each aggregate Automobile Liabilitv: Bodily Injury and Property Damage Combined $ 500.000 $ 1.000.000 each occurrence each accident Umbrella Access Liability: Bodily Injury and Property Damage Combined$ 1.000.000 each occurrence The above insurance shall include coverage for: Operations of the Contractor Operations of the Subcontractors Contractual liability coverage "Hold Harmless" agreement All owned vehicles All hired and non-owned vehicles Elevators, if any. 00800-5 . . ., Property damage liability coverage shall include: Damage due to blasting. Add six new Paragraphs to the end of Paragraph 5.04 of the General Conditions which read as follows: The insurance policy or policies required by this Paragraph 504 of the General Conditions shall include the interests of the Owner and the Engineer, all of whom shall be listed as insured or additional insured parties. The insurance required by this Paragraph 5.04 shall include policy or policies which afford coverage to damage to property of others arising out of the perils of explosion, collapse and damage to underground facilities. The policy or policies shall afford the same limits of liability as set forth in these Supplementary Conditions for liability assumed under the Contract. All responsibility for payment of any sums resulting from any deductible provision, corridor, or self-insured retention condition of the policy or policies shall remain with the Contractor. These insurance requirements are not to be construed as recommended or maximum amounts. Contractor is solely responsible for determining the appropriate limits of insurance coverage for injuries or damages resulting from the performance of the work under the Contract Documents. Notwithstanding the availability of, or limits on, or deductible provisions in, any insurance provided by Contractor under this Section 5.04, Contractor shall defend, indemnify and hold harmless the Owner and Engineer from any and all claims or causes of action alleged to arise from or on account of acts or omissions of Contractor, its officers, employees, agents or subcontractors, in performing the work called for in the Contract Documents. Contractor shall furnish with the certificate(s) of insurance copies of all endorsements providing additional insured status of Owner and Engineer. and as so amended, Paragraph 5.04 remains in effect. SC-5.04.BA Modify Paragraph 5.04.B.4 of the General Conditions to read SC-5J)6.A 246543 ". ..under Paragraphs 6.07.B, 6.11, and 6.20:" and as so amended, Paragraph 5.04.B.4 remains in effect. Delete Paragraphs 5.06.Athrough 5.06.A.7 of the General Conditions in their entirety and insert the following in their place: A. Contractor 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 Agreement or these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 00800-6 . . . SC-5.06.B SC-5.06.D SC-5:06:E SC-6.02.B SC-6.08.A 246543 1. include the interests of Owner, Contractor, Subcontractors and Engineer, 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 special causes ofloss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils 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. be maintained in effect until [mal payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued; and 5. the Builder's Risk Insurance required herein shall apply to projects involving construction of structures and building 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 the sole responsibility of the Contractor until final acceptance of the work. 6. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph 5.6 shall 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, Engineer, and Contractor and to each other additional insured to whom a certificate of insurance has been issued. Delete Paragraph 5.06.B of the General Conditions in its entirety and insert the following in its place: Contractor shall purchase and maintain boiler and machinery insurance affording the same limits of liability as set forth for liability assumed under the Agreement including contractual liability which will include the interests of Owner, Contractor, Subcontractors, and Engineer, 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. Delete Paragraph 5.06.D of the General Conditions in its entirety. Delete Paragraph 5.06:E of the General Conditions in its entirety. Delete Paragraph 6.02.B of the General Conditions in its entirety. Delete the first sentence of Paragraph 6.08.A of the General Conditions and insert the following sentence in its place: 00800-7 . . . SC-6.13.D Unless otherwise specifically provided in the Specifications, Contractor shall obtain and pay for all permits and licenses required to perform the Work. and as so amended, Paragraph 6.08.A remains in effect. Add the following Paragraphs 6.13.E through 6.13.J after the end of Paragraph 6.13.D of the General Conditions: E. The Contractor shall be solely and completely responsible for conditions on the job site, including safety of all persons and property during the performance of the Work. This requirement shall apply continuously and not be limited to normal work hours. F. Observation of the Contractor's performance by Engineer is not intended to include review of the adequacy of the Contractor's safety measures on or near the Site. G. The Contractor shall be responsible for furnishing the Contractor's and any Subcontractor's employees with all safety equipment, including but not limited to, hard hats, eye protection, respiratory protection equipment and all other protection devices needed to comply with Laws and Regulations or with accepted safety practices. The Contractor shall be responsible for any safety violation and/or fme that may occur because of any neglect by the Contractor, the Contractor's employees or any third party. H. The Contractor has responsibility for the design and safety of excavations. Engineer and Owner will not provide any excavation designs, nor should excavation designs be presumed to be contained in the Contract Documents. Engineer and Owner will not assist Contractor in classifying soils or interpreting applicable regulations. I. No representation is made that the available subsurface information is suitable for excavation design or consistent with the soil classifications in OSHA Regulations for Excavations and Trenches (20 CPR Part 1926, Subpart B). J. Additional provisions regarding the Contractor's responsibilities for health, safety and protection may be included in Division 1 (General Requirements) of the Technical Specifications. and as so amended, Paragraph 6.13 remains in effect. SC-6.17.A.2 In Paragraph 6. 17.A.2 delete the phrase "...schedule of Shop Drawings and Sample Submittals" and insert the following in its place: SC-9.03.A 246543 .... .Schedule of Submittals." and as so amended, Paragraph 6.17.A.2 remains in effect. Add the following Paragraphs after Paragraph 9.03.A of the General Conditions: B. The Resident Project Representative shall act as directed by and under the supervision of Engineer. The Resident Project Representative shall confer with the Engineer regarding the Resident Project Representative's actions. The Resident Project Representative's dealings in matters pertaining to the on-site work will, in general, be only with Engineer and Contractor. 00800-8 . . . SC-9.05.A The Resident Project Representative's dealings with Subcontractors will only be through or with the full knowledge of Contractor or the Contractor's superintendent. C. Limitations of Authority for the Resident Project Representative are as follows: 1. Cannot authorize deviation from the Contract Documents or approve any substitute material or equipment; 2. Cannot issue written clarification or interpretation of the requirements of the Contract Documents; 3. Cannot undertake or assume to fulfill any of the responsibilities of Engineer under the Contract Documents unless such is specifically called for in the Contract Documents; 4. Cannot undertake any of the responsibilities of Contractor; 5. Cannot expedite work for Contractor; 6. Cannot advise on or issue directions relative to any aspects of the means, methods, techniques, sequences or procedures of construction unless specifically called for in the Contract Documents; 7. Cannot advise on or issue directions as to health and safety precautions and programs in connection with the Work; and 8. Is not a representative of the Owner. Delete Paragraph 9.05.A ofthe General Conditions in its entirety and insert the following in its place: A. Owner will disapprove or reject Work, based on Engineer's written recommendations indicating the Work the Engineer believes to be defective and outlining the reasons Engineer believes cause the Work to be defective. Engineer will have the authority to require special inspection or testing of the Work Engineer believes to be defective, in accordance with the provisions of Paragraph 13.04 of the General Conditions, whether or not the Work in question is fabricated, installed, or completed. SC-10.05.B. Delete the last sentence of Paragraph 10.05.B. of the General Conditions and insert the following Paragraphs after Paragraph 10.05.B. of the General Conditions: 246543 1. Engineer shall evaluate claim and prepare a formal written opinion regarding the claim. a. This opinion shall be rendered within 30 days after claimant's last submittal except that Engineer may notify Owner and Contractor that reasonable additional time, up to 30 days, will be required to evaluate the claim. b. This opinion shall be provided to Owner and Contractor. c. If Engineer does not render the formal written opinion within the time stated in Paragraph a. above, a decision denying the Claim in its entirety shall be deemed to have been issued the day after the time stated expires. 00800-9 . . . 2. Claimant shall allow opposing party a period of 30 days, after date of Engineer's written opinion is issued to accept or reject Engineer's opinions, or to request additional data from or further clarification of the issue by claimant, unless Engineer reasonably extends such period up to 30 additional days to conform to regularly scheduled meetings of public Owner's Board, Council, or Committee. a. If opposing party accepts or rejects Engineer's opinion, Engineer will issue fomial decision regarding Claim in writing within 15 days after opposing parties' determination. b. If opposing party requests additional data from or further clarification of the issue by claimant, opposing party shall establish reasonable tentative date, within not less than 15 days nor more than 67 days, at which time Engineer's opinions and the additional data or further clarification requested will be reconsidered. Engineer will issue formal decision regarding Claim in writing within 15 days after the date of opposing parties reconsideration or if not reconsidered by the opposing party on the 68th after prior consideration by the opposing party. c. If Engineer does not render the formal written opinion within the time stated in Paragraphs a. or b. above, a decision denying the Claim in its entirety shall be deemed to have been issued the day after the time stated expires. SC-I0.05.C. Delete Paragraph 10.05.C. of the General Conditions in its entirety. SC-1O.05.D. Delete Paragraph 1O.05D. of the General Conditions in its entirety. SC-1O.05.E Delete Paragraph 1O.05.E of the General Conditions in its entirety and insert the following in its place: E. Engineer's written action under Paragraph 1O.05.B 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 final action or final denial in accordance with Paragraphs 1O.05.B.1 and 10.05.B.2. and as so amended, Paragraph 1O.05.E remains in effect. SC-11.01.A Delete Paragraphs 11.01.A through 11.01.A.5.i ofthe General Conditions in their entirety and insert the following in their place: A. The term Cost of the Work means the sum of all actual costs necessarily incurred and paid by the Contractor in the proper performance of the Work plus 15 percent (15%) for overhead and profit. 1. The term "actual cost" shall cover the payroll expenses for the workers employed and supervision required to perform the work including salary, worker's compensation, social security, pension and retirement allowances and other regular payroll charges. Also included in the actual cost will be the cost of additional insurance needs for this Work, the cost of all materials and supplies required of either temporary or permanent character including fuel and lubricants. 246543 00800-10 . . . 2. In addition to the Cost of the Work as outlined above, the Contractor will be paid for all power-driven equipment at a rate equal to 85 percent of the rate listed in the most recent edition of the "Rental Rate Bluebook" published by Neilson/Dataquest, Inc., to which there will be no percentage added for overhead or profit. The rates used for each piece of equipment used in the performance of the work will be based on the applicable monthly, weekly, daily or hourly rate which reflects the status ofthe particular piece of equipment on the project. All rates shall be subject to approval by the Engineer. 3. The cost of all such work done each day shall be submitted to the Engineer in satisfactory form on succeeding day and shall be approved by the Engineer or adjusted at once. SC-l1.01.CDelete Paragraph 11.01.C ofthe General Conditions in its entirety. SC-l1.03.DDelete Paragraph 11.03.D ofthe General Conditions in its entirety. SC-12.01.CDelete Paragraph 12.01.C of the General Conditions in its entirety. SC-13.02 SC-13.06.A SC-13.09.A SC-14.01.A 246543 Add the following Paragraph 13.02.B to the end of Paragraph 13.02 of the General Conditions: B. Said access shall conform to all requirements of the regulatory agency or agencies who claim jurisdiction over the safety of the project site. Failure by the Contractor to provide safe access for the above parties will be a violation in a substantial way of the provisions of the Contract Documents as provided for in Paragraph 15.02.A.4 of the General Conditions. Delete the phrase "rejected by Engineer" in Paragraph 13.06.A of the General Conditions and insert the following in its place: rejected by Owner and as so amended, Paragraph 13.06.A remains in effect. Delete Paragraph 13.09.A of the General Conditions in its entirety and insert the following sentence in its place: If Contractor fails within a reasonable time after written notice of Owner to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by Owner 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 provisions of the Contract Documents, Owner may, after seven 7 days written notice to Contractor, correct and remedy any such deficiency. Delete Paragraph 14.01.A of the General Conditions in its entirety and insert the following in its place: 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 00800-11 . . . acceptable to Owner. Progress payments on accounts of Unit Price Work will be based on the number of units completed. SC-14.02.A.l Delete the first sentence in Paragraph 14.02.A.l of the General Conditions in its entirety and insert the following sentence in its place: At least fifteen (15) Days before last Wednesday of each month (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment, on forms furnished by Engineer or otherwise acceptable to Engineer, 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. SC-14.02.A.3 Delete Paragraph 14.02.A.3 of the General Conditions in its entirety and insert the following in its place: The amount of retainage with respect to progress payments will be as stipulated in the mstructions to Bidders. SC-14.09.A.2 Delete Paragraph 14.09.A.2 of the General Conditions in its entirety and insert the following in its place: A waiver of all claims by Contractor against Owner and Engineer other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner and Engineer in writing as still unsettled. 246543 00800-12 . . . Technical Specifications 246498 . . . Division 1 General Requirements 246498 . . . DIVISION 1 - GENERAL REQUIREMENTS 01110 Summary of Work 01145 Use of Premises 01270 Unit Price Measurement and Payment 01313 Project Meetings 01330 Submittal Procedures 01350 Special Procedures 01501 Safety 01551 Access Road and Parking 01555 Traffic Control 01770 Closeout Procedures 01780 Project Record Documents 01110-1 01145-1 01270-1 01313-1 01330-1 01350-1 01501-1 01551-1 01555-1 01770-1 01780-1 246498 . . . SECTION 01110 SUMMARY OF WORK PART 1: GENERAL 1.01 CONTRACT DOCUMENTS A. The Contract Documents are as defined in the Instructions to Bidders and the Agreement. The terms of the Contract Documents apply to these Specifications as fully as though repeated herein. B. The format of these Specifications is based upon the CSI MASTERFORMAT (1995 Edition), however differences in format and subject matter location do exist. It is the Contractor's sole responsibility to thoroughly read and understand these Specifications and request written clarification of those portions which are unclear. C. Division of the Work as made in these Contract Documents is for the purpose of specifying and describing work which is to be completed. There has been no attempt to make a classification according to trade or agreements which may exist between Contractor, Subcontractors, or trade unions or other organizations. Such division and classification of the Work shall be the Contractor's sole responsibility. 1.02 EXISTING SITE CONDITIONS AND USES A. The project sites are in the Cities of Chanhassen and Eden Prairie on lands owned by the Cities or on lands on which the Cities have the right of access for purposes of constructing storm water facilities, trail, appurtenances and park amenities. Property outside the identified easements is private property. 1.03 WORK COVERED BY CONTRACT DOCUMENTS A. The overall scope of the Work which is more fully described in these Contract Documents includes, but is not necessarily limited to, furnishing all labor, tools, equipment, and materials necessary to: 1. Mobilize and demobilize labor, equipment, materials, and temporary facilities. 2. Control surface water and groundwater as necessary to construct the Work. 3. Install, maintain, and remove erosion control measures including silt fence, siltation socks, erosion control temporary ground cover, inlet protection, and erosion control construction entrances. 4. Perform site preparation including clearing and grubbing. 5. Perform dredging of existing detention basin. 6. Construct filtration sock pond edgings. 7. Perform earthwork for ponds, trails, appurtenances, and utilities. 8. Removal and replacement of existing storm drain inlets and pond outlets. 9. Construct storm sewer systems. 10. Construct geotextile fabric and rip rap at structures and other locations. 11. ModifY existing storm drain structures. 12. Construct split rail fencing. 246500 01110-1 . . . 13. Remove and replace selected portions of existing trail. 14. Repair selected portions of existing trail. 15. Contouring and preparing sites for.landscaping. 16. Seeding and planting wetland and upland areas. 17. Planting shrubs and trees. 18. Special maintenance of selected planting areas. B. It is the intent of the Contract Documents to cover all aspects ofthe Project. Should there be some item or items not shown on the Contract Drawings or not described in these Specifications which are required for the Work, those items and the furnishing of all labor, materials, and equipment shall be considered incidental to the Work and no additional compensation will be provided. C. The Work includes. the furnishing of all labor, equipment, tools, machinery, materials, and other items required for the construction of a complete project as specified. Equipment furnished shall be in safe operating condition and of adequate size, capacity, and condition for the performance of the Work. Contractor shallperform all construction surveys, obtain all measurements necessary for the Work, and shall be responsible for establishing all dimensions, levels, and layout of the Work. D. Contractor shall be solely responsible for the coordination of its activities with regard to the Project and the activities of Subcontractors and Owner. 1.04. WORK BY OWNER A. Owner will provide benchmark and site coordinate information necessary for construction of the Work. Once provided, it is Contractor's responsibility to protect the information in accordance with paragraph 1.06E ofthis Section. Contractor shall request such information from Owner a minimum of five days prior to the time when such information is needed. B. The OWNER shall obtain the necessary permits from the Minnesota Department of Natural Resources, U.S. Army Corps of Engineers, and NPDES Construction Permit from the Minnesota Pollution Control Agency for work within the project site. The Contractor shall obtain all other permits that may be required. Owner will also obtain any applicable Watershed District permit. c. Owner shall provide survey control points necessary to perform the Work. Owner will not provide any other construction staking needed to execute the Work. 1.05 OWNER FURNISHED PRODUCTS A. Owner will not furnish any products for this Project. 1.06 SPECIAL REQUIREMENTS A. Definition of Site: The Site is defined as the area within the construction limits as defined in the Drawings and in these Specifications. 246500 01110-2 . . . B. Hours of Operation: Contractor's operations shall be limited to the hours of7:00 am to 7:00 pm (Central Standard Time or Central Daylight Time), Monday through Saturday, unless prior arrangements are made with Owner and City or unless Laws and Regulations further restrict hours of operation. C. Protection and Repair of Existing Facilities and Utilities: Contractor shall perform operations carefully and in such a manner as to protect existing structures, Underground Facilities, and Utilities. Obstructions not shown on the Drawings may exist and shall be exposed by Contractor without damage. Contractor shall be responsible for damage to existing structure, Underground Facilities, and Utilities resulting from Contractor's operations, and shall repair or replace damaged items to Owner's satisfaction. D. Unfavorable Construction Conditions: When unfavorable weather, soil, drainage, or other unsuitable construction conditions exist, Contractor shall confme operations to work which will not be adversely affected by such conditions. No portion of the Work shall be constructed under conditions which would adversely affect the quality of the Work, unless special means or precautions are taken to perform the Work in a proper and satisfactory manner. E. Survey Markers: Contractor shall conduct operations so as to preserve benchmarks, survey reference points, and stakes existing or established by Owner for the construction. Contractor will be charged the expense of repairing or replacing survey markers and shall be responsible for mistakes or lost time that results due to damage or destruction of survey markers due to Contractor's operations. 1.07 SEQUENCE OF WORK A. Work shall commence as indicated in the Instructions to Bidders and shall be completed on or before the dates indicated in the Instructions to Bidders. B. At the preconstruction conference, Contractor will be provided with a list of sites for which easements have been obtained. Work at all sites shall be Substantially Complete as provided in the Instructions to Bidders. C. Within the limits described in paragraphs A. and B. above, Contractor shall determine the sequence of Work required to efficiently progress with the Work. The sequence of the Work shall be clearly evident from the Contractor's progress schedule, submitted in accordance with ARTICLE 2 of the General Conditions and thereafter revised. 1.08 WORK BY OTHERS A. Contractor's obligations with regard to coordination with other Work are more fully set forth in Article 7 of the General Conditions. 1.09 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED] 246500 01110-3 . . . PART 3: EXECUTION [NOT USED] END OF SECTION 01110 246500 01110-4 SECTION 01145 . USE OF PREMISES PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. This Section describes the requirements that the Contractor shall comply with to prepare, protect, and maintain access to the Work. 1.02 REFERENCES A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, including supplements, hereafter referred to as MnlDOT Standard Specifications. 1.03 SUBMITTALS A. No submittals are required for materials and supplies covered under this Section which comply with applicable Specifications. . 1.04 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION 3.01 CONSTRUCTION LIMITS A. Construction limits are shown on the Drawings or described in the Specifications, or both. B. Contractor shall, without exception, limit all operations and activities to the area within the construction limits. C. Contractor shall limit operations, including materials and equipment storage, to the area within the construction limits. Contractor shall obtain written approvals of property owners at all locations where Contractor uses lands not included in the construction limits. Copies of such approvals shall be submitted to Owner via the Engineer. . D. Clearing and grubbing limits shall be limited to those areas described elsewhere in these Contract Documents. 246510 01145-1 . . . 3.02 TRAIL ACCESS A. Contractor shall not block nor otherwise prevent usage of the trail by the public unless Contractor has written permission from the authority owning the trail. Such written permission shall be submitted to Engineer prior to commencing any work so obstructing the trail. END OF SECTION 01145 246510 01145-2 . . SECTION 01270 UNIT PRICE MEASUREMENT AND PAYMENT PART 1: GENERAL 1.01 GENERAL A.. This Section of the Specifications describes the measurement and payment for the Work to be done under the items listed on the Bid Form. B. Each unit or lump sum price stated on the Bid Form shall constitute full compensation as herein specified for each item of work completed in accordance with the requirements of the Contract Documents including Drawings and Specifications, including all clean up and restoration. C. All costs in connection with the Work, including furnishing all materials, machinery, supplies and appurtenances; providing all construction equipment and tools; and performing all necessary labor, coordination, supervision, and management to fully complete the Work shall be included in the unit or lump sum prices quoted on the Bid Form. All Work not specifically set forth as a separate bid item herein shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the amounts and prices submitted on the Bid Form. The price on the Bid Form shall include aU work necessary to complete all of the Work. 1.02 ESTIMATED QUANTITIES A. All estimated quantities for Unit Price items in the Bid Form are approximate and are to be used only as a basis for determining the initial Contract Price. The actual amount of work to be performed or materials to be furnished under the Unit Price items may differ from the estimated quantities. The basis of payment for work or materials furnished or placed will be the actual amount of work performed or material furnished and placed. The Contractor agrees to make no claim for damages, anticipated profits, or otherwise due to any difference between the amounts of Work actually performed or materials furnished and placed and the estimated amounts included inthe Bid Form. 1.03 INTENT OF BID FORM ORGANIZATION A. Payment for all Work shall be in accordance with the terms and conditions set forth elsewhere in the Contract Documents and the Contractor's Bid prices set forth in Contractor's conformed Bid Form. The Bid items set forth in the Bid Form subdivide the Projectfor purposes of measurement and payment only, and are intended to represent the entire and complete Project as set forth in the Contract Documents. The Bid items set forth in the Bid Form shall constitute full compensation to Contractor for providing all material, equipment, labor, and supplies to complete the Work in complete accordance with the Contract Documents. B. The following paragraphs describe the materials, equipment, labor, and supplies that are included in each of the Bid items. The Bid items are based on lump sum prices. Partial progress payment for those items shall be made in accordance with monthly estimates of percent completed for each item included in the breakdown in Contractor's approved Schedule of Values. The procedures for . submitting and processing progress payments are set forth elsewhere in the Contract Documents. 246511 01270-1 1.04 BID ITEMS . A. Project Mobilization/Demobilization 1. Method of Measurement: Project Mobilization/Demobilization will be measured on the basis of unit lump sum. 2. Basis of Payment: Contractor will be paid a unit lump sum (L.S.) price for project mobilization/demobilization. The lump sum price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary for mobilization and demobilization, all complete as specified. Project mobilization/demobilization shall include the Contractor's premium for any special insurance obtained for this project; development and maintenance of appropriate health and safety plan; preparing and transmitting the required submittals; obtaining all permits required of the Contractor; project closeout upon completion of the Work, and other items not specifically paid for but included in the total scope of the Work. B. Plantings Establishment and Maintenance 1. Method of Measurement: Plantings establishment and maintenance will be measured as a single lump sum unit. . 2. Basis ofPavrnent: Contractor will be paid a lump sum (L.S.) unit price for plantings establishment and maintenance, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and perform all operations necessary to perform plantings establishment and maintenance including the extended three (3) year warranty described in the Specifications. C. Site MobilizationlDemobilization 1. Method of Measurement: Site MobilizationlDemobilization will be measured on the basis of unit lump sum. 2. Basis of Payment: Contractor will be paid a unit lump sum (L.S.) price for site mobilization/demobilization for each site identified in the Bid Form. The lump sum price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary for site mobilization and demobilization, all complete as specified. Site mobilization/demobilization shall include furnishing, installing and maintaining Contractor's facilities; providing work area security; providing all electrical, water, and telephone services required or needed by the Contractor to perform the work; equipment mobilization and demobilization; relocating utilities as necessary for the work; site cleanup, site restoration not specifically paid for but included in the scope of the Work, and other items not specifically paid for but included in the total scope of the Work. D. Rock Erosion Control Construction Entrance 1. Method of Measurement: Rock Erosion Control Construction Entrance, Rock & Bituminous Erosion Control Construction Entrance, and Rock Erosion Control Construction Entrance Special will be measured per each constrUction entrance constructed. . 246511 01270-2 . . . 2. Basis of Payment: Contractor will be paid a unit price per each (Each) rock, rock & bituminous and rock special construction entrance, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, and maintain the construction entrance for the duration of the Work, all complete as specified. Eighty percent of the unit price will be paid for furnishing and installing the rock erosion control construction entrance and 20 percent of the unit price will be paid upon removal of the rock erosion control entrance and area reestablished at the completion of the project. E. Silt Fence 1. Method of Measurement: Silt Fence will be measured on the basis oflength in lineal feet rounded to the nearest whole foot. Length shall be determined along the centerline of the silt fence from end to end. 2. Basis ofPavrnent: Contractor will be paid a unit price per lineal foot (L.F.) for silt fence, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, and maintain the silt fence for the duration of the Work, and removal at the completion of the project, all complete as specified. Eighty percent of the unit price will be paid for furnishing and installing the silt fence and 20 percent of the unit price will be paid upon removal of the silt fence at the completion of the project. F. 18" Dia. Seeded Siltation Sock (permanent) 3. Method of Measurement: Seeded Siltation Sock will be measured on the basis oflength in lineal feet rounded to the nearest whole foot. Length shall be determined along the centerline of the seeded siltation sock from end to end. 4. Basis of Pavrnent: Contractor will be paid a unit price per lineal foot (L.F.) for seeded siltation sock, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, and maintain the seeded siltation sock for the duration of the Work, all complete as specified. G. 18" Dia. Siltation Sock (Temporary Erosion Control) 5. Method of Measurement: Siltation Sock will be measured on the basis oflength in lineal feet rounded to the nearest whole foot. Length shall be determined along the centerline of the siltation sock from end to end. 6. Basis of Payment: Contractor will be paid a unit price per lineal foot (L.F.) for siltation sock, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, and maintain the siltation sock for the duration of the Work, and removal at the completion of the project, all complete as specified. Eighty percent of the unit price will be paid for furnishing and installing the siltation sock and 20 percent ofthe unit price will be paid upon removal of the siltation sock at the completion of the project. 246511 01270-3 . . . H. Inlet Protection 1. Method of Measurement: Inlet Protection will be measured per each storm sewer inlet protected. 2. Basis of Payment: Contractor will be paid a unit price per each (Each) inlet protected, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, and maintain the inlet protection for the duration of the Work, and removal at the completion of the project all complete as specified. Eighty percent of the unit price will be paid for furnishing and installing the inlet protection and 20 percent of the unit price will be paid upon removal of the inlet protection at the completion of the project. I. Erosion Control Ground Cover/Mulch 1. Method of Measurement: Erosion Control Ground Cover/Mulch will be measured on the basis of area in square yards rounded to the nearest whole yard as determined by actual horizontal surface surveyor other measurement by Engineer of the areas were erosion control ground cover/mulch is required to be installed 2. Basis of Payment: Contractor will be paid a unit price per square yard (S.Y.) for erosion control ground cover/mulch, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install the erosion control ground cover/mulch, all complete as specified. J. Clearing and Grubbing 1. Method of Measurement: Clearing and Grubbing will be measured on the basis of area in acres rounded to the nearest 0.01 acres as determined by actual horizontal surveyor other measurement by Engineer of the area requiring clearing and grubbing. 2. Basis of Payment: Contractor will be paid a unit price per acre (Acre) for clearing and grubbing, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to perform the clearing and grubbing, all complete as specified. K. Topsoil 1. Method of Measurement: Topsoil will be measured by volume in cubic yards based on stockpile volume as determined by Engineer's measurements rounded to the nearest whole cubic yard. Imported topsoil will be measured by volume in cubic yards based on the loose volume determined by truck loads of the material delivered to and incorporated into the Work to achieve the fmal grades. Volumes will be determined to the nearest whole cubic yard, based on the dimensions of the truck box and an average load size factor (average percentage of box volume used), both as determined by Engineer, and multiplied times the actual number ofloads. Contractor shall also maintain records of daily load totals. At the end of each day, Contractor shall provide Engineer with documentation oftotal number ofloads for each truck, by number, used that day. 246511 01270-4 . . . 246511 2. Basis ofPavment: The Contractor will be paid a unit price per cubic yard (C.Y.) of topsoil (salvaged or imported) furnished and installed complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to strip topsoil, stockpile topsoil, import topsoil, place and grade topsoil, all complete as specified. The quantity of all material, which in the opinion of Engineer would be suitable topsoil material, removed from the site shall be deducted from the final pay quantity for imported topsoil materials on a loose volume basis. L. Pond Excavation 1. Method of Measurement: Pond Excavation will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on before and after cross-sections obtained by Engineer and calculated using the average end area method 2. Basis ofPavment: The Contractor will be paid a unit price per cubic yard (C.Y.) of pond excavation complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to perform all excavation, fills, grading, and miscellaneous earthwork operations required to perform the Work including control of surface water and groundwater and dewatering any dredged materials, all complete as specified. M. Backfill 1. Method of Measurement: Backfill will be measured. by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on before and after cross-sections obtained by ENGINEER and calculated using the average end area method. Trench and excavation backfill for storm sewers, manholes, and catch basins is not included and will not be measured. 2. Basis ofPavment: The Contractor will be paid a unit price per cubic yard (C.Y.) of backfill complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to perform all backfill operations including control of surface water and groundwater, all complete as specified. N. Grading 3. Method of Measurement: Grading will be measured on the basis of area in square yards rounded to the nearest whole yard as determined by actual horizontal surface surveyor other measurement by Engineer of the areas were grading is required. 4. Basis of Payment: Contractor will be paid a unit price per square yard (S.Y.) for grading, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to perform the grading, all complete as specified. o. Excavated Material Disposal 1. Method of Measurement: Excavated Material Disposal will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard and shall be equal to the volume of pond excavation, as determined in Paragraph L. above. 01270-5 . . . 246511 2. Basis ofPayrnent: The Contractor will be paid a unit price per cubic yard (C.Y.) of excavated material disposal complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to load, haul and dispose of excavated materials at off-site locations whether these materials are selected materials disposed of at off-site locations or common excavation materials disposed of at off-site location determined by the Contractor, all complete as specified. P. Remove Storm Sewer Pipe 1. Method of Measurement: Remove Storm Sewer Pipe will be measured on the basis of length in lineal feet rounded to the nearest whole foot. Length shall be determined along the centerline of the pipe removed from end to end. The center of manholes or catch basins, or the end of an apron will also be used to define the end of the removed pipe. 2. Basis of Payment: Contractor will be paid a unit price per lineal foot (L.F.) for removal of storm sewer pipe including concrete, metal, plastic, or clay, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to remove and dispose of storm sewer pipe including aprons and culverts, excavation and backfill, and any patching of pipe, manholes, or catch basins remaining inplace, all complete as specified. Q. Storm Sewer Pipe 1. Method of Measurement: Storm Sewer Pipe will be measured on the basis of length in lineal feet rounded to the nearest whole foot. Length shall be determined along the centerline of the pipe from end to end. The center of manholes or catch basins, or the end of an apron will also be used to define the end of the storm sewer pipe. 2. Basis ofPayrnent: Contractor will be paid a unit price per lineal foot (L.F.) for storm sewer pipe based on the sizes and types of pipe materials indicated on the Bid Form, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install storm sewer pipe including aprons and culverts, excavation and backfill, and any patching pipe, manholes, or catch basins to which the storm sewer pipe is connected, and including control of surface water and groundwater, all complete as specified. R. Storm Sewer Manhole 1. Method of Measurement: Storm Sewer Manhole will be measured on the basis of height in lineal feet rounded to the nearest whole foot. Height shall be determined vertical distance from the invert of the lowest pipe to the top of the casting. 2. Basis ofPavrnent: Contractor will be paid a unit price per lineal foot (L.F.) for storm sewer manhole based on tl1e diameters indicated on the Bid Form, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install storm sewer manhole including excavation and backfill, control of surface water and groundwater, casting, and adjusting rings, all complete as specified. 01270-6 . . . 246511 s. Riprap with Filter and Fabric 1. Method of Measurement: Riprap with Filter and Fabric will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on the neat line dimensions shown on the Drawings. 2. Basis ofPavment: The Contractor will be paid a unit price per cubic yard (C.Y.) of rip rap based on the size classes indicated on the Bid Form, complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit and performing all operations as are necessary to furnish and install riprap with filter materials including geotextile fabric including excavation, all complete as specified. T. Temporary Tree Protection Construction Fence 1. Method of Measurement: Temporary Tree Protection Construction Fence will be measured on the basis of length in lineal feet rounded to the nearest whole foot. Length shall be determined along the centerline of the fence from end to end. 2. Basis ofPavment: Contractor will be paid a unit price per lineal foot (L.F.) for temporary tree protection construction fence, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, maintain, and remove the temporary tree protection construction fence, all complete as specified. u. Aggregate Base Class 5 1. Method of Measurement: Aggregate Base Class 5 will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on the actual horizontal surface surveyor other measurement by Engineer of the .areas were aggregate base Class 5 is required to be installed times the neat line depth of the aggregate base Class 5. 2. Basis ofPavment: The Contractor will be paid a unit price per cubic yard (C.Y.) of aggregate base Class 5 complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to furnish and install aggregate base Class 5 including placing, compacting, and grading, all complete as specified. V. Aggregate Stabilization %" Rock 1. Method of Measurement: Stabilization Rock will be measured based on weight in tons. Weight of stabilization rock will be determined based on weigh tickets, provided to Engineer by Contractor from a certified scale. Tickets will be added together and rounded to nearest whole ton. Only weigh tickets for loads of stabilization rock used for pipe stabilization as shown on the Drawings or as directed in the field by Engineer will be included in the measurement. Loads will not be included in the measurement unless a weigh ticket accompanies the load and a copy is provided to Engineer by the end of the next working day. 2. Basis ofPavment: Contractor will be paid a unit price per Ton (Ton) for furnishing and installing stabilization rock, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install stabilization rock for pipe 01270-7 . . stabilization including excavation required to install the rock, all complete as specified. Stabilization rock used for purposes other than pipe stabilization, as shown on the Drawings or as directed by Engineer in the field, will not be paid under this item. W. Geotextile Wrap I. Method of Measurement: Geotextile wrap used for pipe stabilization will measured based on the area in square yards. The geotextile wrap will be measured using the centerline length of pipe requiring stabilization times twice the sum of the width and height dimensions shown on the Drawings and converted to the nearest whole square yard. Overlap as required by the Specifications is incidental to the placement of the material and no additional payment will be made for the overlap. 2. Basis ofPavrnent: Contractor will be paid a unit price per square yard (S.Y.) for furnishing and installing geotextile wrap for pipe stabilization, all complete as specified. This unit price shall be payment in fun for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install the geotextile wrap as specified. x. Two Rail Red Cedar Split Rail Fence 1. Method of Measurement: Two Rail Red Cedar Split Rail Fence will be measured on the basis of length in lineal feet rounded to the nearest whole foot. Length shall be determined along the centerline of the fence from end to end. 2. Basis ofPavrnent: Contractor will be paid a unit price per lineal foot (L.F.) for two rail red cedar split rail fence, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install two rail red cedar split rail fence, all complete as specified. Y. Turf Establishment 1. Method of Measurement: Turf Establishment will be measured on the basis of area in acres rounded to the nearest 0.01 acres as determined by actual horizontal surveyor other measurement by Engineer of the area restored as required. 2. Basis ofPavrnent: Contractor will be paid a unit price per acre (Acre) for turf establishment, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install turf establishment, all complete as specified. z. Seeding Natural Area I. Method of Measurement: Seeding Natural Area will be measured on the basis of area in acres rounded to the nearest 0.01 acres as determined by actual horizontal surveyor other measurement by Engineer of the area restored as required. 2. Basis of Pavrnent: Contractor will be paid a unit price per acre (Acre) for seeding natural area, . all complete as specified. This unit price shall be payment in full for the costs of all supervision, 246511 01270-8 . . . materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install seeding natural area, all complete as specified. AA. Trees 1. Method of Measurement: Trees will be measured per each tree furnished and installed. 2. Basis of Payment: Contractor will be paid a unit price per each (Each) tree based on the sizes and species identified on the Bid Form, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, and maintain the tree, all complete as specified. BB. Shrubs 1. Method of Measurement: Shrubs will be measured per each shrub furnished and installed. 2. Basis of Payment: Contractor will be paid a unit price per each (Each) shrub based on sizes and species identified on the Bid Form, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, and maintain the shrub; all complete as specified. CC. Erosion Control Mat 1. Method of Measurement: Erosion Control Mat will be measured on the basis of area in square yards rounded to the nearest whole yard as determined by actual horizontal surface surveyor other measurement by Engineer of the areas were erosion control mat is required to be installed. 2. Basis ofPavment: Contractor will be paid a unit price per square yard (S.Y.) for erosion control mat, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install erosion control mat, all complete as required. DD. Remove Bituminous 1. Method of Measurement: Remove Bituminous will be measured on the basis of area in square yards rounded to the nearest whole yard as determined by actual horizontal surface surveyor other measurement by Engineer of the areas were removal of bituminous is required. 2. Basis ofPavment: Contractor will be paid a unit price per square yard (S.Y.) for remove bituminous, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to remove bituminous including full depth saw cutting at edge, loading, hauling and disposal, all complete as required. BE. Repair Bituminous Trail 1. Method of Measurement: Repair Bituminous Trail will be measured on the basis of area in square yards rounded to the nearest whole yard as determined by actual horizontal surface 246511 01270-9 . ,,_......-- . . surveyor other measurement by Engineer of the areas were repairs to bituminous trail is required. 2. Basis of Payment: Contractor will be paid aunit price per square yard (S.Y.) for repair bituminous trail based on the depths shown on the Bid Form, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install bituminous trail, all complete as required. FF. Repair Bituminous Parking Lot 1. Method of Measurement: Repair Bituminous Parking Lot will be measured on the basis of area in square yards rounded to the nearest whole yard as determined by actual horizontal surface surveyor other measurement by Engineer of the areas were repairs to the bituminous parking lot is required. 2. Basis of Payment: Contractor will be paid a unit price per square yard (S.Y.) for repair bituminous parking lot based on the depths shown on the Bid Form, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install bituminous parking lot, all complete as required. GG. Traffic Control 1. Method of Measurement: Traffic control necessary to complete all work under these Contract Documents will be measured on the basis of a single lump sum unit. 2. Basis of Payment: Contractor will be paid on a lump sum (L.S.) unit price for all traffic control, complete as specified. This lump sum price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, and maintain, all traffic control devices and barriers as necessary to complete the work. Progress payments for traffic control will be based on the percentage of the total amount of the work completed multiplied times 90% of the lump sum price for traffic control. The final 10% of the traffic control price will not be paid until the final Application for Payment. RH. Removal of Existing Pond Water 1. Method of Measurement: Removal of existing pond water will be measured on the basis of unit lump sum. 2. Basis of Payment: Contractor will be paid a unit lump sum (L.S.) price for removal of existing pond water, complete as specified. The lump sum price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to remove existing pond water, all complete as specified. II. Excavate Silt 1. Method of Measurement: Excavate Silt will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on before and after cross-sections obtained by Engineer and calculated using the average end area method 246511 01270-10 . . . 2. Basis ofPavment: The Contractor will be paid a unit price per cubic yard (C.Y.) of excavated silt complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead, profit, and performing all operations as are necessary to perform all excavation, fill, grading, and miscellaneous earthwork operations required to perform the Work including control of surface water and groundwater and dewatering any dredged materials, all complete as specified. JJ. Excavate Channel 1. Method of Measurement: Excavate Channel will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on before and after cross- sections obtained by Engineer and calculated using the average end area method 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) of excavate channel complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead, profit, and performing all operations as are necessary to perform all excavation, loading, hauling, disposal of excess materials, fill, grading, and miscellaneous earthwork operations required to perform the Work including control of surface water and groundwater and dewatering any dredged materials, all complete as specified. KK.. Granular Sub Base 1. Method of Measurement: Granular Sub Base will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on the actual horizontal surface surveyor other measurement by Engineer of the areas were imported sub base is required to be installed times the neat line depth of the imported sub base as shown on the Drawings. 2. Basis ofPavment: The Contractor will be paid a unit price per cubic yard (C.Y.) of granular sub base complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to furnish and install imported sub base including furnishing and installing filter fabric and furnishing, placing, compacting, and grading the sub base materials, all complete as specified. LL. Raise MCES Manhole and Casting Assembly 1. Method of Measurement: Raise MCES Manhole and Casting Assembly will be measured per each MCES manhole and casting assembly raised. 2. Basis ofPavment: Contractor will be paid a unit price per each (Each) MCES manhole and casting assembly raised, all complete as specified. The unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to raise each manhole and casting assembly to the finished elevations shown on the Drawings including excavation, backfill, concrete riser sections, adjusting rings, casting, and proper and timely notification ofMCES prior to modification. MM. Repair Existing Trash Guard 1. Method of Measurement: Repair Existing Trash Guard will be measured on the basis of unit lump sum. 246511 01270-11 . . . 2. Basis ofPavrnent: Contractor will be paid a unit lump sum (L.S.) price for repair existing trash guard, complete as specified. The lump sum price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit and performing all operations as are necessary to remove, repair, and reinstall the existing trash guard, all complete as specified. NN. Modify Existing Concrete Outlet Structure 1. Method of Measurement: Modify Existing Concrete Outlet Structure be measured on the basis of unit lump sum. 2. Basis ofPavrnent: Contractor will be paid a unit lump sum (L.S.) price for modify existing concrete outlet structure, complete as specified. The lump sum price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to modify by saw cutting, removing concrete, disposal of rubble, and installing additional trash rack all complete as specified. 00. 3/8" Minus Rock Trail Mix 1. Method of Measurement: 3/8" Minus Trail Mix will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on the actual horizontal surface surveyor other measurement by Engineer of the areas were 3/8" minus trail mix is required to be installed times the neat line depth of the 3/8" minus trail mix. 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) of 3/8" minus trail mix complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit and performing all operations as are necessary to furnish and install 3/8" minus trail mix including placing, compacting, and grading, all complete as specified. PP. Permanent Turf Reinforcement Mat 1. Method of Measurement: Permanent Turf Reinforcement Mat will be measured on the basis of area in square yards rounded to the nearest whole yard as determined by actual horizontal surface surveyor other measurement by Engineer of the areas were permanent turf reinforcement mat is required to be installed. 2. Basis ofPavrnent: Contractor will be paid a unit price per square yard (S.Y.) for permanent turf reinforcement mat, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install permanent turf reinforcement, back fill with top soil, and seed all complete as required. QQ. Construct Berm Materials 1. Method of Measurement: Construct berm materials will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on before and after cross- sections obtained by Engineer and calculated using the average end area method. 2. Basis ofPavrnent: The Contractor will be paid a unit price per cubic yard (C.Y.) of construct berm materials complete as specified. This unit price shall be payment in full for the costs of all 246511 01270-12 . supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to furnish and place berm soils including loading, hauling, placing, compacting, grading, and control of surface water and groundwater, all complete as specified RR. Pipe Bedding Material 1. Method of Measurement: Pipe Bedding Material will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on the actual horizontal surface surveyor other measurement by Engineer of the areas were pipe bedding material is required to be installed times the neat line depth of the pipe bedding material. 2. Basis ofPavrnent: The Contractor will be paid a unit price per cubic yard (C.Y.) of pipe bedding material complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to furnish and install pipe bedding material including placing, compacting, and grading, all complete as specified. SS. Fabricate and Install Trash Rack 1. Method of Measurement: Fabricate and install Trash Rack shall be measured on the basis of unit lump sum. . 2. Basis ofPavrnent: Contractor will be paid a unit lump sum (L.S.) price for fabricating and installing trash rack, complete as specified. The lump sum price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to fabricate and install trash rack, all complete as specified. TT. Tree Protection Tube 3. Method of Measurement: Tree Protection Tube will be measured per each tree protection tube furnished and installed. 4. Basis ofPavrnent: Contractor will be paid a unit price per each (Each) tree protection tube, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, and maintain the tree protection tubes, all complete as specified. UU Shredded Hardwood Mulch 1. Method of Measurement: Shredded Hardwood Mulch will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on the actual horizontal surface surveyor other measurement by Engineer of the areas were shredded hardwood mulch is required to be installed times the neat line depth of the shredded hardwood mulch shown on the Drawings. 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) for shredded hardwood mulch complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit and performing all operations as . are necessary to furnish and install shredded hardwood mulch, all complete as specified. 246511 01270-13 . . . 1.05 SUBMITTALS A. No submittals are necessary for this section. 1.06 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED} PART 3: EXECUTION [NOT USED} END OF SECTION 01270 246511 01270-14 . . . SECTION 01313 PROJECT MEETINGS PART 1: GENERAL 1.01 PRECONSTRUCTION CONFERENCE A. After Owner issues to Contractor the Notice of Award, Engineer will schedule a preconstruction conference to be held at either Engineer=s offices or at Owner=s offices, that shall be attended by Contractor, Engineer, and others as appropriate. The meeting will be scheduled promptly after the Notice of Award and as far in advance of the commencement date as is practical. The purpose of the meeting will be to comply with the provisions of paragraph 2.06 of the General Conditions. B. Agenda items may include: 1. Distribution of Contract Documents 2. Designation of responsible personnel for all parties, lines of communication, and lines of authority 3. Scope of work and the anticipated schedule of operations 4. Critical work sequencing 5. Submittal and field test reporting procedures 6. Record documents and reporting 7. Site safety and security procedures 8. List of major subcontractors 9. Procedures for processing change orders 10. Use of premises including equipment and material storage 11. Major equipment deliveries 12. Housekeeping procedures 1.02 PROGRESS MEETINGS A. Weekly progress meetings may be scheduled by the Engineer at a regular time mutually agreeable to the Owner, Contractor and Engineer. A preferred time for the second of these meetings each month is prior to Contractor=s submittal of Application for Payment. The Contractor shall attend these meetings and shall coordinate and require the attendance of subcontractors whose work may be in progress at the time or whose presence may be required for any purpose. Scheduling of required attendees shall meet with the approval of the Engineer. 1.03 UNSCHEDULED MEETINGS A. The Contractor shall attend other unscheduled meetings which may be reasonably requested by Engineeror Owner to discuss unanticipated changes in the Work or conditions at the site and which must be resolved before progression of work. 246512 01313-1 . . . 1.04 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION [NOT USED] END OF SECTION 01313 246512 01313-2 . . . SECTION 01330 SUBMITTAL PROCEDURES PART 1: GENERAL 1.01 GENERAL SUBMITTAL PROCEDURES A. Contractor shall: 1. Transmit each submittal labeled with the Project name, name of the submittal, and Section and page number of these Contract Documents in which the submittal was required. Indicate the type or purpose of the submittal as more fully described elsewhere in this section with regard to the Schedule of Submittals. Transmit the correct number of copies as described below for each type of submittal. Each submittal shall be accompanied by a transmittal letter stating the same information. 2. Transmit all submittals to Engineer at the address set forth in the Supplementary Conditions and to the attention of the Project Engineer designated by Engineer. 3. Apply Contractor's stamp, signed or initialed certifying that review and verification of products required, field dimensions, adjacent construction work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. Unstamped or unsigned submittals will be returned without action. 4. Schedule submittals to expedite Project and in accordance with the Schedule of Submittals to be prepared by Contractor. Coordinate submission of related items. 5. Identify all variations or deviations from the Contract Documents and identify alternative products or system limitations which may be detrimental to successful performance of the completed Work. 6. Provide space for Engineer review stamps and comments on all submittals. 7. Revise and resubmit submittals as required in a timely manner. Identify all changes made since previous submittal. 8. Promptly distribute copies of reviewed submittals to Subcontractors, suppliers, and other concerned parties. Instruct parties to promptly report any inability to comply with provisions. 9. Not proceed with any Work requiring a submittal, including resubmittal, to Engineer until the submittal has been returned to Contractor without a requirement for resubmittal. B. All submittals that are made that are not specifically required by the Contract Documents will be returned without action. 246513 01330-1 . . . C. All submittals shall come from the Contractor and submittals directly from Subcontractors or vendors will be returned without action. 1.02 PROGRESS SCHEDULE AND WORK PLAN A. Contractor shall submit an estimated progress schedule and a finalized progress schedule in accordance with the requirements of paragraphs 2.05.B and 2.07 of the General Conditions. B. The Contractor shall revise the finalized progress schedule from time to time, as may reasonably requested by Engineer, to reflect the current status and progress of the Work and the operations necessary to complete the Wark as required. C. The progress schedule shall clearly illustrate the sequence of the Work (by locations and other factors as may be appropriate) to be followed by Contractor to efficiently progress with the Work. D. Contractor shall submit to Engineer a detailed Work Plan outlining the methods and procedures for all dewatering required to complete the Work. 1.03 SCHEDULE OF VALUES A. Contractor shall submit a preliminary schedule of values and a finalized schedule of values in accordance with the requirements of paragraphs 2.05.B and 2.07 of the General Conditions and in the form herein specified. B. The schedule of values shall be a detailed cost breakdown for all lump sum items of Work which shall include quantities and unit prices of items aggregating each lump sum price included in the Contract and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Unit price work shall be subject to progress payments based on the units of Work completed as provided for in the General Conditions. C. The schedule of values shall be organized in a tabular format with the following columns (clearly labeled) as a minimum: 1. ITEM NUMBER: 2. ITEM DESCRIPTION: 3. UNIT: 4. NUMBER OF UNITS: 5. UNIT MATERIAL PRICE: Number items according to the item numbers provided on the Bid Form. Written description of what item consists of. The units of measure upon which the lump sum price is based. Several units may apply to each lump sum item. The number of units upon which the total price for the item will be based. The cost of the raw materials or products needed for the item on a unit price basis. 246513 01330-2 6. UNIT LABOR PRlCE: . 7. UNIT OVERHEAD AND PROFIT PRlCE: 8. TOTAL UNIT PRlCE: 9. EXTENSION: The cost of labor needed to fabricate, install or otherwise construct the item on a unit basis. Contractor's overhead and profit distributed on a unit basis. Sum of unit material price, unit labor price, and unit overhead and profit price. The total price for the item determined by multiplying the number of units by the total unit price. D. The schedule of values shall include a row labeled TOTAL EXTENSION which shall be the sum of the extension column for each of the individual items. The dollar value shown as the total extension shall match exactly the Contract Price as shown in the Agreement. E. The schedule of values shall contain sufficient detail to serve as the basis for progress payments for materials or equipment which will be shop fabricated and for lump sum items. The schedule should include such items as design, fabrication, lining, exterior painting, transportation to site, installation and any other pertinent items the Contractor wishes to break out for purposes of progress payments. . The Schedule of values shall be subject to review and approval by Owner. Ifin opinion of Owner the schedule of values. does not contain sufficient detail or appears to be unbalanced, the Owner may require Contractor to revise and resubmit the schedule of values and/or provide documentation to justify Contractor's distribution. Contractor shall correct such deficiencies and resubmit the schedule of values. F. 1.04 SCHEDULE OF SUBMITTALS A. Contractor shall submit a preliminary schedule of submittals including Shop Drawings in accordance with the requirements of paragraph 2.05.B of the General Conditions, for Shop Drawing submissions, and in the form herein specified. Contractor shall submit a finalized schedule of submittals including Shop Drawings in accordance with the requirements of paragraph 2.07 of the General Conditions except that this finalized schedule of submittals to. Engineer prior to beginning any Work. B. The schedule of submittals shall be in tabular form listing all submittals which are required by the Contract Documents and the date on which Contractor will make submittal. As a minimum, the schedule of submittals shall consist of the following columns: . 246513 01330-3 1. SUBMITTAL NUMBER: Number consecutively. . 2. SECTION NO.: Section number or description of location in Contract Documents where submittal is requested; 3. PAGE NO.: Page number of section in Contract Documents where submittal is requested. 4. ITEM: Description of item or items to which submittal pertains. 5. SUBMITTAL TYPE: A letter code indicating what type of submittal was requested. The type key shall be as follows: A - Information or Documentation B - Review C - Approval D - Alternate Product Supporting Data E - Administrative such as schedules, etc. 6. DEFICIENCIES: 7. ANTICIPATED SUBMITTAL DATE: . 8. RESPONSE REQUIRED: Manner in which submittal or proposed alternate product does not meet the requirements of the Contract Documents. Date on which Contractor anticipates submittal to be delivered to Engineer. Indicate yes if Contractor anticipates response from Engineer and no if no response is anticipated. C. The Schedule of Submittals will be reviewed by Engineer and Engineer will respond in writing listing deficiencies. The Contractor shall not list submittals not called for in the Contract Documents. The schedule shall include all items for which Contractor proposes to use substitute or "or equal" products. Contractor shall correct deficiencies and resubmit schedule of submittals prior to beginning any Work. 1.05 APPLICATIONS FOR PAYMENT A. General 1. Applications for progress payments shall be submitted as set forth in the General Conditions as amended by the Supplementary Conditions. Each Application for Payment shall be accompanied by the required supporting data as specified in the Contract Documents. 2. The Owner will act on payment requests approximately once each month. . 246513 01330-4 . . . 246513 3. All Applications for Payment shall be made on forms provided by Engineer or otherwise acceptable to Engineer. Forms shall be completed in their entirety and all signatures and notarizations shall be completed. 4. Applications for Payment shall be consistent with the actual Work completed as of the date of application. Applications should be consistent with the current schedule of values and progress schedule, and if not, those schedules should be modified as set forth elsewhere in this section. 5. Incomplete or deficient Applications for Payment will be returned to Contractor by Engineer. Contractor shall correct such deficiencies and resubmit the Application for Payment. B. Payment for Mobilization Expenses The Contractor may include items in the schedule of values for mobilization. Mobilization may include, but is not limited to, operations necessary to move personnel, equipment, supplies and incidentals to the site and removing them from the site following completion of the Work; furnishing bonds and insurance required specifically forthis Project; furnishing submittals as specified; obtaining all permits required specifically for the Work; and performing all work to restore the Project site to a condition equal to or better than its original condition that is not specifically provided for elsewhere in these Specifications. Progress payments for any mobilization expense, or any other line item in the schedule of values which does not relate to a physical component of the Work at the site, will be made only in the amount of actual expenses incurred as evidenced by receipts or other evidence of incurred cost satisfactory to the Engineer and Owner. Payment for such expenses for which supporting documentation is not provided will be made at the completion of the Work. C. Initial Application for Payment The Contractor shall not make its initial application for payment until the required administrative procedures have been complied with. These procedures include, but may not be limited to, submittal of acceptable: 1. proof of insurance, 2. progress schedule, 3. schedule of values, 4. schedule of submittals. D. Supporting Data Each Application for Payment shall be accompanied by such supporting data as may be required by Owner or Engineer to substantiate the Contractor's application. All Applications for Payment which include payment for shop fabricated equipment shall be accompanied by invoices and records from the fabricator substantiating the progress of the Work on each of the individual pieces of equipment. Receipts for materials shall indicate the specific piece of equipment for which the materials will be used. Time reports and other records shall be furnished to verify the fabricator's costs. Reports shall contain only information pertinent to this Project and shall 01330-5 . 1.06 1.07 A. B. . C. D. contain summaries of all detailed information. If requested, Contractor shall provide photographs showing the status of construction of the shop fabricated components. Photographs shall have the date of the photograph displayed on the photo. REVIEW OF SUBMITTALS A. The Engineer's review of engineering data will cover only general conformity of the data to the Specifications and Contract Documents, external connections, and interfaces with equipment and materials furnished under separate specifications. The Engineer's review does not indicate a thorough review of all dimensions, quantities, and details of the equipment, material, device, or item indicated or the accuracy of the information or documentation submitted; nor shall review or approval by the Engineer be construed as relieving the Contractor from any and all responsibility for errors or deviations from the requirements of the Contract Documents. B. All engineering data submitted, after final processing by the Engineer shall become a part of the Contract Documents and the work indicated or described thereby shall be performed in conformity therewith unless otherwise required by the Owner. SUBMITTAL FOR INFORMATION OR DOCUMENTATION Submit two copies: one copy for Engineer and one copy for Owner. Submittal shall be made at least 5 days before the subject of the submittal is to be incorporated into the Work. Submittal is for the purpose of formal verification that the subject of the submittal conforms to the requirements of the Specifications, for formal documentation of the Work, or both. No action is required by Owner or Engineer. Engineer will generally notify Contractor if deficiencies are identified, however Contractor is solely responsible for ensuring that the subject of the submittal conforms to the requirements of the Specifications. 1.08 SUBMITTAL FOR REVIEW . 246513 A. Submit three copies: two copies for Engineer and one copy for Owner. B. Submittal shall be made at least 10 days before the subject of the submittal is to be incorporated into the Work. Engineer will respond within 5 days from receipt of submittal. C. Submittal is for the purpose of providing opportunity to Engineer for review and comment on the subject of the submittal. D. Engineer will respond to the submittal either with a list of comments or indicating no comments. E. If Engineer's comments indicate a deficiency with respect to the requirement of the Specifications, Contractor shall amend the submittal and resubmit. Engineer will again respond to the resubmittal. 01330-6 . . . F. If Engineer's comments are in regards to an issue which based upon the Contract Documents is at Contractor's discretion, Contractor shall furnish additional information provide justification, and otherwise cooperate in addressing and resolving Engineer's comments. G. Contractor shall remain solely responsible for ensuring that the subject of the submittal conforms to the requirements of the Specifications. 1.09 SUBMITTAL FOR APPROVAL A. Submit three copies: two copies for Engineer and one copy for Owner. B. Submittal shall be made at least 15 days before the subject of the submittal is to be incorporated into the Work. Engineer will respond within 7 days from receipt of submittal. C. Submittals shall be stamped with Contractor's approval. Contractor's stamp shall be a representation that Contractor has assumed full responsibility for determining the submittal requirements and verifying that the subject of the submittal conforms to the requirements of the Specifications. Submittals not bearing Contractor's stamp will be.retumed without review or action. D. Engineer will review, make notations as appropriate, stamp, and return submittals to Contractor. Engineer's stamp and Contractor's required action are described below: 1. NO EXCEPTIONS TAKEN. Contractor may proceed without further action. 2. RECOMMENDED REVISIONS NOTED. Contractor shall review Engineer's notations and revise subject of submittal as required to conform to the requirements ofthe Drawings and Specifications before proceeding with the Work. Resubmittal is not required. 3. RESUBMIT. Contractor shall review Engineer's notations, revise subject of submittal as required to conform to the requirements of the Drawings and Specifications, and resubmit to Engineer for additional action. 4. REVIEW COMPLETE, FURNISH THREE FILE COPIES. Contractor shall furnish the requested number of copies and may proceed without further action. E. No work shall be performed in connection with the fabrication or manufacture of equipment and materials until the data therefor have been reviewed by the Engineer except at the Contractor's own risk and responsibility. Work may proceed when submittals have been returned marked RECOMMENDED REVISIONS NOTED, provided the work is performed in accordance with the Engineer's notations, or NO EXCEPTIONS TAKEN. F. If changes are made at the project site to correct manufacturing errors, revised drawings incorporating the changes shall be prepared and submitted to the Engineer. G. Each drawing submitted shall be black line on white background or blue line on white background. Print size shall not exceed 22 inches by 34 inches. H. Each drawing submitted shall be clearly marked with the name of the project, the specification title, the specification number, the Engineer's assigned number when so advised, and the Contractor's name. If catalog pages are submitted, the applicable items shall be indicated. 246513 01330-7 . 1.10 ALTERNATE PRODUCT SUPPORTING DATA 1.11 A. B. 1.12 A. B. . 1.13 A. A. If Contractor proposes to use alternate or substitute products, Contractor shall submit written application as required by paragraph 6.05.A.2 of the General Conditions. B. Submit three (3) copies of literature, drawings, and any other data necessary to substantiate that proposed substitute is equivalent or equal to the item named, and otherwise meets the conditions established in paragraphs 6.05.A through 6.05.F of the General Conditions. C. Do not proceed with product installation or use until written approval by Engineer is received in accordance with paragraphs 6.7.1 through 6.7.3 of the General Conditions. RECORD DOCUMENTS Submit all record documents (or clearly legible copies) prior to substantial Completion. Record documents consist of all Drawings, Specifications, Addenda, Change Orders, and Shop Drawings legibly annotated to reflect all changes made during construction. WARRANTY OR GUARANTEE CERTIFICATES Submit three (3) executed copies prior to Substantial Completion. All warranty or guarantee certificates shall be signed by Contractor and all other parties as requested in specific sections. BASIS FOR COMPENSATION All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION [NOT USED] . 246513 END OF SECTION 01330 01330-8 . SECTION 01350 SPECIAL PROCEDURES PART 1: GENERAL 1.01 PROJECT LOCATION A. The work shall be performed for the site identified in Section 01110 of these Specifications. 1.02 CODES AND PERMITS A. All work shall be done in accordance with Laws and Regulations including Federal, State, and local codes, statutes, ordinances, and permits. All licenses and permits necessary for the execution of the Work shall be secured by Contractor. Work shall not proceed until all licenses and permits have been issued. 1.03 ABBREVIATIONS AND DEFINITIONS A. The following abbreviations and definitions are used in the Specifications. These abbreviations and definitions supplement those of Article 1 of the General Conditions as amended by the Supplementary Conditions. . 1. 2. 3. 4. 5. . 246574 Engineer's representative shall mean Resident Project Representative. MPCA shall mean the Minnesota Pollution Control Agency. Mn/DOT shall mean the Minnesota Department of Transportation. Mn/DOT Standard Specifications shall mean the Minnesota Department of Transportation's Standard Specifications for Construction, 2000 Edition. Mn/DOT Standard Plate shall refer to the latest version of the referenced Minnesota Department of Transportation's Standard Plate published prior to the date of distribution of Bid Documents by Owner. 6. Mn/DOT Standard Plans shall refer to the latest published edition of the referenced Minnesota Department of Transportation Standard Plans published prior to the date of distribution of Bid Documents by Owner. 7. NPDES shall mean National Pollutant Discharge Elimination System. 8. NPDES Permit shall mean MPCA Permit No. MN R100001 General Permit. 9. BMP shall mean Best Management Practices. 01350-1 . 10. Specifications of AASHTO, ASTM, ANSI, A WW A, PPI, etc. shall mean the latest published edition of these Specifications available prior to the date of distribution of Bid Documents by Owner. 1.04 CONSTRUCTION LIMITS 1.05 A. B. 1.06 . A. 1.01 A. B. C. D. . 246574 A. Construction limits shall be as shown on the Drawings. Contractor shall limit operations, including materials and equipment storage, to the area within the construction limits. Contractor shall obtain written approvals of property owners at all locations where Contractor uses lands not included in the construction limits. B. Contractor shall comply with all requirements of such roadway authorities as well as the requirements of these Specifications. Any other lands or accesses required by Contractor for Contractor's purposes. shall be provided by Contractor, including approvals required by other sections of these Contract Documents., all without additional cost to Owner. SITE SAFETY PROVISIONS Site safety shall comply with the requirements of Section 01501 of these Specifications and the other Contract Documents. Contractor's responsibilities for site safety shall explicitly include trail users. COVERING OF WORK If Contractor covers pipes and appurtenances before the necessary Quality Control has been performed, Contractor, at request of Engineer or Engineer's Representative, shall uncover, expose, or otherwise make available for observation, inspection, surveying, or testing as Engineer's representative may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. Unless Contractor has given timely notice to Engineer's representative of intent to cover work and Engineer's representative fails to act within a reasonable time, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, whether or not Work is defective. STREETS AND HIGHWAYS Contractor shall obtain any permits necessary to haul materials or equipment on public streets and highways. Contractor shall be responsible for repair of all streets, highways, and private roads that are damaged by Contractor's operations. Contractor shall clean from streets and highways, on a daily basis, all materials which have spilled from or been tracked by Contractor's equipment. Contractor shall be responsible for all traffic control signage in accordance with all applicable Federal, State, County, and Local regulations or requirements. 01350-2 . . . 1.08 MEASUREMENT OF QUANTITIES A. Contractor shall cooperate with and assist the Engineer as necessary to obtain the actual measurements required to determine the actual quantities. 1.10 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION [NOT USED} END OF SECTION 01350 246574 01350-3 . . . SECTION 01501 SAFETY PART 1: GENERAL 1.01 GENERAL A. In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for job site conditions and safety procedures and programs, including safety and health of all persons and property, on those portions of the site affected by or used by Contractor, Contractor's employees, subcontractors, agents, and others during performance of the Work. This requirement will apply continuously and not be limited to normal working hours. Observation of the Work and Contractor's performance by Owner and Engineer is not intended to include review of the adequacy of the Contractor's safety and health procedures and programs on or near the construction site. The Contractor is solely responsible for the protection of property and the safety and health of its employees, Subcontractors, Suppliers, agents and others on or near the site. 1.02 SAFETY A. In addition to the requirements of paragraph 6.13.B of the General Conditions as amended by the Supplementary Conditions, the Contractor shall: 1. Contractor shall be responsible for furnishing Contractor's employees, as well as any subcontractor's and supplier's employees, with all safety equipment and other protection devices needed to comply with Laws and Regulations or accepted safety practices. Contractor shall also be responsible for furnishing all visitors to the site with all safety equipment including but not limited to safety vests, hard hats, and eye protection. 2. Contractor shall make all persons on the site familiar with the safety precautions appropriate to the construction zones and refuse entry by any person not authorized by Contractor or Owner. 3. Contractor shall be responsible for any safety violation and/or fine that may occur because of any neglect by Contractor, Contractor's employees, Contractor's subcontractors, or any third party under Contractor's supervision or direction. 4. Contractor shall provide safe access to all portions of the Work for use by Engineer, Owner or Cities ofChanhassen, Eden Prairie and Owner's authorized representatives in the performance of their observation duties. Said access shall conform to Laws and Regulations and to all requirements of any regulatory agency or agencies who claim jurisdiction over the safety of the project area including Carver County and Minnesota Department of Transportation. If Engineer, Owner, Cities ofChanhassen, Eden Prairie, Carver County, or Minnesota Department of Transportation are unable to observe Contractor's work due to unsafe conditions, Engineer's recommendation for payment, or Owner's payment, for such work may be withheld until work has been determined to be in compliance with the Contract Documents. 246514 01501-1 . 1.03 A. 1.04 A. 1.05 A. HAZARD COMMUNICATION PROGRAMS Contractor shall comply with paragraph 6.15 of the General Conditions. EMERGENCIES Contractor shall comply with paragraph 6.16 of the General Conditions. BASIS FOR COMPENSATION All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION [NOT USED] . . 246514 END OF SECTION 01501 01501-2 . . . SECTION 01551 ACCESS ROADS AND PARKING PART 1: GENERAL 1.01 ACCESS ROADS AND PARKING A. Access to the properties on which Contractor is to perform work is provided by public roadways. Contractor shall comply with Laws and Regulations applicable to use of such public roadways including parking of cars, trucks, and equipment. Any permits and fees required by Laws and Regulations for Contractor's use of public roadways or easements shall be obtained by and paid for by Contractor. Any and all damage to public roadways as a result of Contractor activities and operations shall be repaired, at Contractor's expense, to the satisfaction of the governmental agency having jurisdiction over the damaged roadway. 1. Contractor shall comply with the City of Chanhassen, and the City of Eden Prairie's requirements for the maintenance of traffic within their respective boundaries. 2. Contractor shall comply with Carver County's requirements for the maintenance of traffic on all Carver County roads. B. Primary site access from public roadways shall be limited to the construction limits shown on the Drawings and or as indicated in the Specifications. C. Contractor shall not use or obstruct any private driveway or portion therof not within the designated construction limits. Any and all damage to a private driveway or that portion not within the construction limits as a result of Contractor activities and operations shall be repaired, at Contractor's expense, to the satisfaction of the property owner. D. Contractor shall protect the existing paved public trails. E. The Contractor shall provide all equipment and materials necessary for the control of dust arising during the performance of the Work. Dust shall be controlled so as to not be a nuisance to homeowners, adjacent property owners, and the public. When requested by Engineer or Owner, or at other times as necessary, Contractor shall take measures to reduce dust. These measures may include, but are not limited to: 1. Sweeping and washing roads 2. Watering source areas of dust 3. Temporary surfacing such as paving or sodding source areas. 1.02 SUBMITTALS [NOT USED] 1.03 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price andno additional compensation will be provided. 246515 01551-1 PART 2: PRODUCTS [NOT USED] . PART 3: EXECUTION [NOT USED] END OF SECTION 01551 . . 246515 01551-2 . . . SECTION 01555 TRAFFIC CONTROL PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor to control traffic on site including, but not limited to: 1. Obtaining necessary permits for road closings, work in the right-of-way, and detours. 2. Obtaining necessary permits for closing public trails. 3. Place any necessary signage, warning lights, or flagmen. 4. All public notices required for such road closings, trail closings or detours. 1.02 REFERENCES A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as MnIDOT Standard Specifications. 1.02 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED} PART 3: EXECUTION 3.01 PERMITS A. Contractor shall obtain any permits from Federal, State or Local agencies necessary for traffic control, road closings, and trail closings necessary for completion ofthe work. 3.02 SIGNAGE 246516 01555-1 . . . A. Contractor shall be responsible for construction and detour signing. This shall include all signs, cones, barricades, warning lights, and flagging as required by Federal, State or Local agencies. B. Contractor shall be responsible for construction and detour signing for all public trails. This shall include all signs, cones, barricades, warning lights, and flagging as required by Federal, State or Local agencies. 3.03 PUBLIC NOTICE A. Contractor shall be responsible for any public notice regarding work in the right-of-way, road closings, trail closings or detours as required by Federal, State, or Local agencies. 3.04 MAINTENANCE OF TRAFFIC A. Contractor shall comply with all requirements of the Cities of Chanhassen and Eden Prairie for the maintenance of traffic on City streets and Carver County for maintenance of traffic on County Roads. END OF SECTION 01555 246516 01555-2 . . . SECTION 01770 CLOSEOUT PROCEDURES PART 1: GENERAL 1.01 RECORD DOCUMENTS A. Maintain at the site (or in Contractor's possession) one set of record documents including all Drawings, Specifications, and Change Orders in good condition and legibly annotated to show changes made during construction. Store record documents separate from documents used for construction, clearly mark, and make accessible to Engineer and Owner at all times. B. Record information on record documents concurrent with construction progress. Engineer or Owner may require Contractor to improve its performance with regard to recording information during the construction process. C. Record for each product Section of the Specifications a description of the actual products installed including the following: 1. Manufacturer's name and product model number. 2. Product substitutions or alternates used. 3. Changes made by Change Order. 4. Quality control procedures and test results. D. Record drawings shall have recorded, at a minimum, the following items legibly marked to record actual construction: 1. Approved version of all Shop Drawings. 2. Measured depths or elevations of foundations in relation to a clearly defined, reproducible datum. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible permanent features of the Work. 4. Changes made by Change Order and all minor field changes of dimension and detail. 5. Details not shown on original Drawings. E. Submit record documents and all operations and maintenance manuals and other submittals required by other Sections of these Specifications. 1.02 CLEANUP A. The Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work, and at the completion of the Work, shall remove all waste materials, rubbish and debris from the premises as well as all tools, construction equipment and 246517 01770-1 . . . 1.03 1.04 1.05 machinery, temporary facilities, and surplus materials. Contractor shall leave the site clean and ready for occupancy by the Owner. GUARANTIES AND WARRANTIES A. The Contractor shall guarantee all work and material against all defects or as otherwise required for specific items in these Specifications. The Contractor shall repair or replace any such defective Work and materials to conform to the provisions of the Contract and without expense to the Owner, within ten (10) days after notification in writing by the Owner or Engineer of such defective Work or material. If the Contractor does not make said repairs or replacements or have made arrangements for the correction thereof within the period specified above, the Owner may do so and will charge the cost of same to the Contractor. The Contractor shall perform repair work so as to cause the Owner a minimum of inconvenience and interruption of services. B. The correction period for all equipment and systems, regardless of when placed into continuous service, shall commence on the date of Substantial Completion. FINAL SUBMITTALS A. Contractor shall complete all submittals required by these Contract Documents prior to the payment of Contractor's Final Application for Payment by Owner. Final payment shall not become due and payable until 1 0 days after all submittals have been made acceptable to Engineer or as provided in the General Conditions, whichever is later. BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART2: PRODUCTS~OTUSED] PART 3: EXECUTION ~OT USED} 246517 END OF SECTION 01770 01770-2 . . . SECTION 01780 PROJECT RECORD DOCUMENTS PART 1: GENERAL 1.01 SUMMARY A. Maintain a record copy of: 1. Most current revision of Drawings and Technical Specifications. 2. Drawing change notices. 3. Design Change Requests (DCR) and Construction Deviations (CD). 4. Engineer field orders, written instructions or clarifications. 5. Approved submittals. 6. Field test records. 7. Associated permits. 8. Certificates of inspection and approvals. 9. Redline as-built drawings. 1.02 SUBMITTALS A. At Substantial Completion: 1. Deliver one marked up set of Drawings to the Engineer for use in preparation of record drawings. B. Accompany submittals with transmittal letter in duplicate, containing following. 1. Date. 2. Project title and number. 3. Contractor's name and address. 4. Title of record document. 5. Signature of Contractor or authorized representative. C. A copy of all survey notes shall be furnished to Owner as part of the Record Document. 1.03 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED] 246518 01780-1 . . . PART 3: EXECUTION 3.01 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store documents and samples on-site apart from documents used for construction. 1. Provide files and racks for storage of documents. 2. Provide secure storage space for storage of samples. B. Maintain documents in clean, dry, legible condition and in good order. Do not use record documents for construction purposes. C. Make documents and samples available at all times for inspection by Engineer, Owner, or City representatives. D; Failure to properly maintain record documents may be reason to delay a portion of progress payments until records comply with Contract Documents. 3.02 RECORD DOCUMENTS A. Label each document a PROJECT RECORD.@ in neat, large printed letters. B. Maintain record set of Drawings and Specifications at the project that are legibly annotated to show all changes made during construction. 1. Graphically depict changes by modifying or adding to plans, details, sections, elevations, or schedules. 2. Make changes on each sheet affected by changes. C. Record information concurrently with construction progress. 1. Do not conceal Work until required information is recorded. 2. Record changes made by Written Amendment, Field Order, Change Order or Work Directive Change, Design Change Request, or Construction Deviation. D. Record for each product Section of the Specifications a description of the actual products installed including the following: 1. Manufacturer's name and product model number. 2. Product substitutions or alternates used. 3. Changes made by Change Order. 4. Quality control procedures and test results. E. Record drawings shall have recorded, at a minimum, the following items legibly marked to record actual construction: 1. Approved version of all shop drawings. 2. Measured depths or elevations of foundations in relation to a clearly defined, reproducible datum. 246518 01780-2 . . . 3. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements or survey markers. 4. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible permanent features of the Work. 5. Changes made by Change Order and all minor field changes of dimension and detail. 6. Details not shown on original Drawings. 7. Contractor construction photographs or digital image files. F. Submit record documents along with all operations and maintenance manuals and other submittals required by Section 01330 of these Specifications. END OF SECTION 01780 246518 01780-3 .' . . Division 2 Site Construction 246498 . . . DIVISION 2 - SITE CONSTRUCTION 246498 02200 Site Preparation 02249 Control of Water 02300 Earthwork 02370 Erosion and Sedimentation Control 02375 Riprap Protection 02630 Storm Drainage 02700 Bases, Ballasts, Pavements, and Appurtenances 02702 Trails and Curbs 02920 Turf Establishment 02928 Planting and Seeding Natural Areas 02929 Establishment Period Maintenance and Management for Natural Area Plantings 02930 Tree & Shrub Plantings 02950 Site Restoration 02200-1 02249-1 02300-1 02370-1 02375-1 02630-1 02700-1 02702-1 02920-1 02928-1 02929-1 02930-1 02950-1 . SECTION 02200 SITE PREPARATION PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division I of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor to prepare the various sites for construction, including, but not limited to: 1. Maintaining access to and use of the site as shown on the Drawings and as required by the Drawings, these Specifications, and the other Contract Documents. 2. Furnish, install, and maintain traffic control barricades and signage as required by traffic control permits. . 3. Clearing and grubbing ofthose portions ofthe construction limits as shown on the Drawings. Clearing and grubbing includes: cutting and/or removing all trees, shrubs, and brush and removing all roots, stumps, windfalls and other vegetative material as required for the proper performance of the Work. 4. Protect all trees and vegetative materials not located within the construction limits as well as those trees and vegetative materials which are to remain undisturbed within the easement limits and as may be directed by the Owner. 5. Strip and stockpile topsoil from all areas to be disturbed by construction operation. 6. Stop topsoil stripping a sufficient distance from remaining trees and shrubs to prevent damage to root systems. 7. Appropriately dispose of those vegetative materials cleared and grubbed from the sites by Contractor, all in accordance with Laws and Regulations. 8. Construct temporary erosion control measures specified and as directed by the Engineer. C. Contractor shall furnish, install and maintain temporary erosion and sedimentation controls in accordance with Section 02370 of these Specifications. D. Temporary erosion controls may include, but are not limited to, rock or rock and bituminous construction entrances, silt fences, straw bales, geotextiles, terracing, riprap, temporary drainage piping, sedimentation basins, vegetative cover, mulch, and any other construction required to prevent erosion and sediment transport. . 246526 02200-1 . H. 1.02 A. 1.03 A. . B. E. Contractor shall schedule its operations so as to minimize the potential for erosion by minimizing the disturbed areas on-site at any given time and completing operations and restoring the site in the shortest time possible. F. If soil and debris from the site accumulates in low areas, roadways, ditches, or other areas where in Owner's or Engineer's determination it is undesirable, Contractor shall remove the accumulation and restore the area to its original condition without additional compensation. G. The Contractor is responsible for cleaning of roads as directed by the Owner or Engineer. Cleaning shall be completed on an as-needed basis and the cost shall be included in the Contract Price and no additional compensation will be provided. Silt fence moved to allow access to the excavation area shall be replaced at the end of each construction day. REFERENCES Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. SEQUENCING AND SCHEDULING Construct temporary erosion control measUres specified herein or as directed by the Engineer prior to commencing activities related to clearing and grubbing, or excavation. Maintain and replace for the duration of the construction as necessary the temporary erosion control measures installed as herein provided or as directed by the Owner or Engineer and in the Storm Water Pollution Prevention Plan (SWPPP). 1.04 SUBMITTALS A. No submittals are necessary for this section. 1.05 BASIS FOR COMPENSATION A. Compensation for all Work covered under this Section of these Specifications shall be in accordance with the provisions set forth in Section 01270, Unit Price Measurement and Payment. PART 2: PRODUCTS [NOT USED] PART3: EXECUTION 3.01 CLEARING AND GRUBBING . 246526 A. Clearing and grubbing of the excavation area shall consist ofthe complete removal of all obstructions above the ground surface and removal of stumps, roots, buried logs, and other objectionable matter to the limits provided. 02200-2 3.02 . A. B. C. D. E. 3.03 A. 3.04 A. . B. C. D. 3.05 A. . 246526 TEMPORARY EROSION CONTROLS Silt fencing and siltation sock shall be installed as shown on the Drawings or as directed by the Engineer or Owner. Remove and dispose of all silt fencing and siltation sock at the completion of the work. filet Protection shall be placed on storm water inlets adjacent to the construction site and removed after ground cover has been established at the completion ofthe project Temporary rock erosion control construction entrances shall be placed as shown on the drawings and removed at the completion of the proj ect with the areas restored to it natural condition. Temporary ground cover shall be quick germinating seed with straw or mulch. DISPOSITION OF MATERIALS Cleared and grubbed materials must be disposed of off-site in accordance with all appropriate Laws and Regulations. STRIP AND STOCKPILE MATERIALS Strip topsoil from all areas which will be disturbed by construction operations. Stop topsoil stripping a sufficient distance from remaining trees and shrubs to prevent damage to root systems. Stockpile topsoil materials for use in site restoration. Dispose of any excess topsoil materials upon completion of site restoration work. TRAFFIC CONTROL BARRICADES AND SIGNAGE Place traffic control barricades and signage as required by traffic control permits. END OF SECTION 02200 02200-3 . . . SECTION 02249 CONTROL OF WATER PART 1: GENERAL 1.1 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents B. The Work covered by this Section consists of furnishing all labor, equipment, materials, and performing all operations necessary to control water in the work areas shown on the Drawings and as specified herein. This work shall include the provision, operation and maintenance of pumps and/or dewatering systems along with any temporary berms or barriers, water plugs, or temporary piping necessary to allow the proper construction of the Work. C. Contractor shall restore any affected areas to a condition equal to or better than the condition prior to commencement of construction. 1.2 ENVIRONMENTAL REQUIREMENTS A. Contractor shall carry out the control of water in compliance with all Federal, State and local applicable stream discharge and pollution requirements. 1.3 SUBMITTALS A. No submittals are necessary for materials and supplies covered under this Section which comply with the applicable Specifications 1.4 BASIS FOR COMPENSATION A. Compensation for all Work covered under this Section of these Specifications shall be in accordance with the provisions set forth in Section 01270, Measurement and Payment. PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION 3.1 CONTROL OF WATER A. Water levels and flow volumes shall be controlled in the work area by pumping or by-passing to an extent that the permanent works being performed are not adversely affected. Additional effort for control of water will be required by the Owner, at no additional cost to Owner, if, in the opinion of the Owner, water in the work area will potentially adversely affect the permanent Works. 246527 02249-1 . . . B. Contractor shall include adequate costs in the Contract Price to assure that the water in the work areas can be controlled and the work completed. C. Contractor shall maintain all systems for controlling water for the period required to complete the Work. D. Contractor shall remove all systems for controlling water and restore these areas to their prior level of service as part of this Work. E. Contractor shall maintain all systems for controlling ice for the period required to complete the work. F. Contractor must be aware that significant changes in flow and water level can occur within these work areas at any given time. The Contractor is responsible for any impacts that could result from changing water flow/level conditions. END OF SECTION 02249 246527 02249-2 . PART 1: SECTION 02300 EARTHWORK GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered by this section includes furnishing all supervision, labor, materials, and equipment required to complete all general or miscellaneous earthwork at the site including, but not limited to: . 2. 3. 4. 5. 6. 7. 8. 9. 1. Performing all general grading, excavation, and filling required to conform to the finished site grading elevations and slopes shown in the Drawings. a. Includes excavation, loading, hauling, and disposal of all excess soil materials, all in accordance with Laws and Regulations. Perform all excavation, backfilling and compaction required to install storm sewer, manholes and aprons. Furnish, install, and compact imported material required for backfill of storm sewer, manholes and aprons. Strip, stockpile and re-place topsoil materials. Dredging of silt from site RM-2.5 and disposal of dredged materials. Furnish and install all engineered fill for constructing berms to the grade as shown on the Drawings. Furnish and install engineered fill for installation of storm sewer pipes. Provide and install select granular material for placement below riprap. Provide appropriate means of erosion control during excavation operations as shown on the Drawings. 1.02 REFERENCES . A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. B. American Society for Testing and Materials, Current Edition, hereafter referred to as ASTM. 246528 02300-1 . 1.03 A. 1.04 A. 1.05 A. SEQUENCE OF WORK Contractor is to install all temporary erosion control measures and construction fence prior to beginning any earthwork. SUBMITTALS No Submittals are necessary for materials and supplies covered under this Section which comply with the applicable Specifications. BASIS FOR COMPENSATION Compensation for all Work covered under this section of these Specifications shall be in accordance with the provisions set forth in Section 01270, Unit Price Measurement and Payment. PART 2: PRODUCTS 2.01 SOIL MATERIALS . . 246528 A Aggregate Class 5 1. The Engineer may allow aggregate containing a limited quantity of binder soil, but not sod, roots, plants, other organic matter, or objectionable material and shall conform to Mn/DOT Standard Specifications 3138.2 Class 5. Class 5 will be "clean" such that no reclaimed glass or debris as defined in Mn/DOT 3138.2 will be allowed. 2. The material shall consist of sound durable particles of gravel and sand, crushed quarry or mine rock, crushed gravel or loose stone, crushed concrete mixture, or any combination thereof. Engineered fill shall meet the requirements of the Unified Soil Classification System material types: CH, CL, GC, GM, ML, MH, SC, SM. B. Pipe Bedding Material 1. Pipe bedding material shall conform to Mn/DOT Standard Specification 3149.2F or 3149.2G. 2. Native material that meets the gradation requirements for Mn/DOT Standard Specification 3149.2F or 3149.2G shall be used before material is imported. In those areas of the trench excavations where, in the opinion of the Engineer, the native materials, or adequate portions thereof, conform to the gradation requirements for pipe bedding material, Contractor shall conduct operations to separate pipe bedding materials during trench excavation. The Contractor shall use native materials for pipe bedding material whenever so available. The Contractor shall not be required to stocKpile native materials for use beyond the limits of the current trench excavation. The Contractor shall import and be paid the unit price to so import pipe bedding material only when, in the opinion of the Engineer, the native soils do not conform to gradation requirements for pipe bedding material. The Contractor shall not import pipe bedding material unless Engineer determines that native materials do not conform to the gradation requirement for pipe 02300-2 . . . bedding material. The Engineer's opinion regarding the use of pipe bedding material shall be final. 3. Acceptable material shall be free of rock, or gravel (larger than 3 inches in any dimension), debris, waste, frozen materials, organic, or other deleterious matter. C. Granular Sub Base 1. The material shall not contain sod, roots, plants, organic matter, or other objectional material, and shall conform to Mn/DOT Standard Specifications 3149.2B1, Granular Sub Base. 2. The material shall consist of sound durable particles of gravel and sand, crushed quarry or mine rock, crushed gravel or stone, crushed concrete, salvaged bituminous mixture, or any combination thereof. D. Rip Rap 1. Riprap materials shall conform to the requirements ofMnlDOT Standard Specification 3601 for the Class indicated on the Drawings. E. Aggregate Stabilization %" Rock 1. Aggregate Stabilization %" Rock shall conform to MnlDOT Standard Specification 3149.2C. F. Aggregate 3/8" Minus Rock Trail Mix 1. Aggregate 3/8" Minus Rock Trail Mix shall conform to MnlDOT Standard Specification 3138 Class 2 aggregate modified to pass 100% passing the 3/8" sieve. G. Topsoil 1. Salvaged topsoil shall conform to Mn/DOT Standard Specification 2105.2 C2. 2. Topsoil borrow shall conform to Mn/DOT Standard Specification 3877.2A H. Berm Borrow 1. Berm borrow shall conform to Mn/DOT Standard Specification 3149.2Bl Granular Borrow. I. Composted Product for Seeded Siltation Sock 1. Compost (Growing Media) used for seeded siltation sock shall be weed free and derived from a well-decomposed source of organic matter. The compost shall be produced using an aerobic compo sting process meeting CFR 503 regulations, including time temperature data indicating effective weed seed, pathogen and larvae kill. The compost shall be free of any refuse, contaminants or other materials toxic to plant growth. Non-composted products will not be accepted. Test methods for the items below should follow USCC TMECC guidelines for laboratory procedures: 246528 02300-3 A. . B. C. D. E. F. PH - 5.0-8.0 in accordance with lMECC 04.11-A, "Electrometric pH Determinations for Compost". Particle size - 99% passing a 1" sieve, 90% passing a %" sieve and a minimum of 50% passing the 3/8" sieve, in accordance with TMECC 02.02-B, "Sample Sieving for Aggregate Size Classification". Moisture content ofless than 60% in accordance with standardized test methods for moisture determination. Material shallbe relatively free (<1 % by dry weight) of inert or foreign man made materials. Nutrient content shall be no greater than a 2-2-2- analysis ofN-P-K using traditional nutrient analysis. However, at least 90% of the nitrogen shall be in the organic form, in order to reduce concerns about nutrient transport and leaching. A sample shall be submitted to the Engineer for approval prior to being used and must comply with all federal, state, and local regulations. PART 3: EXECUTION 3.01 EXAMINATION A. Contractor shall examine the areas and conditions for performing earthwork. If unsatisfactory conditions occur during the work, Contractor shall not proceed with the work until unsatisfactory conditions have been corrected. . B. It shall be the Contractor's responsibility to determine to its own satisfaction the location and nature of all surface and subsurface obstacles and the soil and water conditions that will be encountered during construction. C. Locations of Utilities and Underground Facilities shown on the Drawings are approximate and neither Engineer nor Owner make any representations as to the accuracy or completeness thereof. It shall be Contractor's sole responsibility to determine the locations. 3.02 PREPARATION A. The Contractor shall make arrangements to locate all existing Utilities and Underground Facilities in the areas of work. For utilities and underground facilities to remain in place, Contractor shall provide adequate means to assure protection of utilities and underground facilities during earthwork operations. B. The Contractor shall protect structures, roads, fences, utilities, wells, and other facilities from damage caused by settlement, lateral movement, stockpiling, undermining, washout and other hazards created by earthwork operations. 3.03 TRENCHING A. Excavate to grades shown on the Drawings. B. Stockpile excavated material. . C. Separate pipe bedding material from common excavation (if necessary). 246528 02300-4 . . . D. Backfill trench using excavated materials. 3.04 BEDDING A. Install as shown. B. Place over the full width of the prepared trench bottom in lifts of 8-inch maximum thickness. C. Hand grade and compact each lift to provide a firm, unyielding surface. D. Check grade and correct irregularities in bedding material. E. Bell or Coupling Holes: Excavate in bedding at each joint to permit proper assembly and inspection of joint and to provide uniform bearing along barrel of pipe. 3.05 BACKFilL PIPE ZONE A. Backfill as shown on the Drawings. B. Restrain pipe as necessary to prevent movement during backfill operations. C. Place material simultaneously in 6-inch (maximum thickness) lifts on both sides of pipe. D. Thoroughly tamp each lift, including area under haunches, with handheld tamping bars supplemented by "walking in" and slicing material under haunches with a shovel to ensure that voids are completely filled before placing each succeeding lift. E. After the full depth of the material has been placed as specified, compact the material by a minimum of three passes with a vibratory plate compactor only over the area between the sides of the pipe and the trench walls. F. Do not use power-driven impact compactors to compact pipe zone materials. G. A minimum of six inches of cover is required over all installed pipes. 3.06 SITE GRADING A. Smooth-grade finished ground disturbed by Contractor's activities to slopes and elevations shown in the Drawings such as to blend smoothly into existing ground. B. Final grades must be graded to drain away surface water. Final grades shall not have any flat spots or low pockets that pond water. C. Re-place stockpiled topsoil. D. Place any topsoil borrow. 3.07 TRANSPORT OF MATERIALS A. All trucks hauling materials shall have water-tight boxes. This requirement shall apply to all materials transported from the site. 246528 02300-5 . . . B. Contractor shall load, haul, and dispose of all excess soil materials, at off-site locations to be determined by Contractor. C. For those materials excavated from pond sites and disposed of at off-site locations, designated or determined by Contractor, the Contractor shall establish and maintain a record including, at least, date, time, quantity, and disposal location for each load leaving the pond sites. This record shall be documented by copies of load tickets. The record and load tickets shall be submitted to Engineer at least weekly until disposal of excess material from pond sites has been complete. 3.08 COMPACTION A. The Contractor shall compact all granular fill and aggregate base materials to an in place density as measured by ASTM D 1556 or ASTM D 2922 of 90 percent of Standard Proctor density or to an equivalent Standard Penetration blow count of 8 blows per foot. 3.09 TOLERANCES A. Construct the excavation and backfill work within the dimensional tolerances given below. Elevation and thiclmess tolerances are acceptable deviations from the elevations and material thiclmesses shown on the Drawings. B. Elevation Tolerances: 1. Finished surface and inverts: +0.2 feet to -0.2 feet unless otherwise required. C. Horizontal Tolerances: 1. Finished surface: +0.5 feet to -0.5 feet. 2. Centerline structures and pipes: +1.0 feetto -1.0 feet. 3.10 FIELD QUALITY CONTROL A. The Contractor shall utilize equipment, materials, and procedures which are anticipated to meet the quality requirements specified. B. The Contractor shall permit Owner and Engineer to observe bedding and fill layers before further construction work is performed thereon. Tests of fill and/or bedding layers may be taken by the Owner or Engineer. 3.11 MAINTENANCE A. The Contractor shall repair and reestablish grades in settled, eroded, and rutted areas to specified tolerances. B. The Contractor shall maintain silt fence until seeding and planting is accepted by Owner. 246528 02300-6 . . . C. Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, the Contractor shall scarify surface, reshape, and compact to required density prior to further construction. 3.12 DUST CONTROL A. Contractor shall keep the surface of any and all construction work areas and haul roads moist by spraying with uncontaminated water so as to prevent, not just reduce, airborne dust. This responsibility shall require Contractor to suspend construction or haul traffic until such time as Contractor can and does prevent airborne dust. Contractor shall not overspray so as to create problems, such as tracking of material onto paved surfaces, or muddy haul roads, due to the application of excess moisture. END OF SECTION 02300 246528 02300-7 . SECTION 02370 EROSION AND SEDIMENTATION CONTROL PART 1: GENERAL 1.01 DESCRIPTION . 1.02 A. B. C. D. E. F. G. H. 1.03 . A. 246529 A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor to protect slopes including, but not limited to: 1. Provide temporary erosion control to meet the requirements of Minnesota Pollution Control Agency, General Permit No. MN Rl 0000 1. 2. Prevent transport of soil materials from the sites of the Work in compliance with this Section of the Specifications. 3. Construction of rock erosion control construction entrances. 4. Installing silt fence, siltation sock, inlet protection, temporary and permanent ground cover as specified on the plans and in the SWPPP. REFERENCES Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as MnlDOT Standard Specifications. American Society for Testing and Materials, Current Edition, hereafter referred to as ASTM. Minnesota Pollution Control Agency, General Permit No. MN R1 0000 1. Minnesota Department of Natural Recourses, General Permit for Temporary Water Appropriations (97-0005) which authorizes temporary water appropriation for construction dewatering. Minnesota Pollution Control Agency, Storm Water Manual. Corps of Engineers Minnesota Pollution Control Agency - NPDES Permit and Riley-Purgatory-Bluff Creek Watershed District Permit. Best Management Practices (BMP's) for erosion control. SEQUENCING AND SCHEDULING Construct erosion control measures specified in this Section or as directed by the Engineer prior to commencing construction excavation activities. 02370-1 . . . B. Maintain and replace the erosion controls for the duration of the construction as necessary in accordance with this Section of the Specifications as directed by the Engineer. C. Removal oftemporary erosion controls after the completion ofthe project and the permanent ground cover has been established. 1.04 SUBMITTALS A. A NPDES Permit is required by Laws and Regulations, Contractor shall complete and sign Section V. of the Application for General Stormwater Permit for Construction Activity (MNR100001). The permit application must be delivered to the Owner at least seven (7) days prior to commencement of work on the site. The commencement of any construction activity is prohibited until permit coverage is effective. Permit coverage will become effective seven (7) days after the postmark date indicating when the Owner has mailed the completed application form to the MPCA. B. All inspection records completed by the Contractor as a part of the NPDES Permit shall be submitted to the Owner at the end of the project. 1.05 QUALITY ASSURANCE A. The Owner may stop work on the project if the Contractor is operating in violation of the NPDES Permit. Contractor shall, within 24 hours, commence to diligently restore the project to conform to the conditions of the NPDES Permit. If, in Owner's option, Contractor has not, within 24 hours after to work stoppage, commenced to diligently restore the project to conform to the conditions of the NPDES Permit, then Owner may, without further notice to Contractor, take actions to immediately restore the project to the conditions of the NPDES Permit. The cost of actions by the Owner required to restore the project to the conditions of the NPDES Permit will be paid by the Contractor. 1.06 PROJECT CONDITIONS A. The project Contract Documents and inspection records include the NPDES permit and shall be available at the construction site in either the field office, or the inspector's vehicle, or the Contractor's vehicle, for inspection by federal, state, and local officials as required by the permit for the duration of the Project. B. The Contractor shall maintain a record of all inspections of the site as required by the permit, and shall include: 1. Date and time of inspections 2. Findings of inspections 3. Corrective actions taken (including date and time) 4. Documentation of changes to the Temporary Erosion and Sediment Control Plan made during construction. 5. Date of all rainfall events (including total precipitation) C. The Contractor shall post a "Notice of Stormwater Permit Coverage" at the construction site entrance or at the construction field office and shall be visible from the nearest public road. 246529 02370-2 . 1.07 D. The Contractor shall be responsible for submitting a "Notice of Termination" to the Owner after final stabilization of the site, and completion of the project. BASIS FOR COMPENSATION A. Compensation for all Work covered under this Section of these Specifications shall be as set forth in Section 01270, Unit Price Measurement and Payment. PART 2: PRODUCTS 2.01 A. B. C. D. E. .' F. MATERIALS Silt Fence: Silt fence shall conform to Mn/DOT Standard Specification 3886 for heavy duty silt fence, except that support posts shall be no further than 1.2 meters (4 feet) apart. Rock Erosion Control Construction Entrance rock: shall be coarse 2-1/2" washed rock placed to the limits and thicknesses shown on the Drawings. Siltation Sock: Siltation sock shall be 18" in diameter and made of a 5 mil or heavier polyester material and filled with a compost filter material as shown on the Drawings. Temporary seeding or mulching of disturbed areas as Specified in Mn/DO'f Standard Specification 2573.3Bl & B2b2. Street Sweeping: Street sweeping shall be performed with an approved mechanical vacuum assisted sweeper. Inlet protection: Shall be approved devices and methods to prevent the transportation of sediments into the storm sewer system. Devices used shall conform with those shown on the Drawings or be approved by the Engineer or Owner. G. TurfEstablishment/Mulch: shall conform to MnlDOT Standard Specification 2575 for ground cover and turf establishment. PART 3: EXECUTION 3.01 TEMPORARY EROSION AND SEDIMENT CONTROL . 246529 A. Temporary erosion and sediment control activities will be required through the duration of the project. Contractor shall use BMP's for erosion control. Unless precluded by snow cover, all exposed soil areas with a continuous positive slope within 100 lineal feet from a surface water body, or from a curb, gutter, storm sewer inlet, temporary or permanent drainage ditch or other storm water conveyance system, which is connected to a surface water, shall have temporary protection or permanent cover for the exposed soil areas within the following time frames: Type of Slope Temporary protection or permanent cover where the area has not been, or will not be, worked by the Contractor for: Steeper than 3: 1 7 days 10:1 to 3:1 14 days 02370-3 . . . Flatter than 10: 1 21 days * For the purposes of this provision, exposed soil areas do not include stockpiles of sand, gravel, aggregate, concrete or bituminous. The bottom of any temporary or permanent drainage ditch constructed to drain water from a construction site must be stabilized within 100 lineal feet from a surface water state. Stabilization must be initiated within 24 hours of connecting the drainage ditch to a water of the state, existing gutter, storm sewer inlet, drainage ditch, or other storm water conveyance system which discharges to surface water and be completed within five calendar days. Prior to connecting any pipe to a surface water or drainage ditch, the pipe's outlet must be provided with temporary or permanent energy dissipation to prevent erosion. B. Perform temporary erosion control to conform to the requirements of Owner, and any NPDES Construction Stormwater Runoff permit that may apply to the Site, including: 1. Furnish, install, and maintain temporary erosion controls necessary to prevent the erosion and transport of soils, silt, mud, and debris off site or to other areas of the site where damage could result. 2. Temporary erosion controls include silt fences, hay bales, siltation sock, flotation silt curtain, inlet protection, and other means necessary to control erosion. Silt fence shall be installed according to MnlDOT Specification 3886 and according to manufacturer's recommendations. 3. Construct temporary erosion controls where there is evidence that sediment is being transported from the work area, where drainageways flow from the work area, and elsewhere as required to control erosion. 4. Schedule operations to minimize the amount of area disturbed and thus susceptible to erosion at any given time. 5. Remove and dispose of all temporary erosion controls when turfhas been fully established or when earthwork such as diversion dikes have eliminated the possibility of sediment transport from the work area. C. Maintain the appearance and functionality of the temporary erosion control measures throughout the duration of the Work. D. Silt fence shall be installed at locations shown on the Drawings, or as modified in the field by the Engineer. E. Street sweeping shall be performed on a daily basis when construction activities are being performed on the Site and twice a day during hauling operations or periods of heavy construction traffic that may track sediment off of Site. Street sweeping shall also be performed when, in the opinion ofthe Engineer, street sweeping is required as a result, directly or indirectly, of Contractor's operations. F. Removal of silt fencing shall be performed: 246529 02370-4 . . . 1. As sod is placed to the construction limits. No silt fencing or portion of the silt fencing shall be removed more than 4 hours prior to time and on the same day as sod will be placed at that location within the construction limits. 2. Generally not less than 30 growing days or more than 60 growing days after seed and mulch is installed, however, never before it is determined that germination of seed has resulted in acceptable coverage rate and does not need to be reseeded. G. Removal of siltation sock shall be performed: 1. Contractor shall remove siltation sock by cutting and removing the fabric. The compost material can be left on site and shall be spread to blend into the surrounding area as directed by Engineer. 3.02 ROCK EROSION CONTROL CONSTRUCTION ENTRANCE A. Rock Erosion Control Construction Entrances to be constructed at locations on the Drawings and may be modified in the field by Engineer. B. Rock Erosion Control Construction Entrances shall be constructed to the dimensions and material thicknesses shown on the Drawings. C. Rock Erosion Control Construction Entrances shall be removed at the completion of the project and the area restored to preconstruction conditions. The restoration shall include grading and establishing ground cover in these areas. END OF SECTION 02370 246529 02370-5 SECTION 02375 . RIPRAP PROTECTION PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor to furnish and install riprap and erosion protection materials including, but not limited to: 1. Riprap placed around all inlet and outlet aprons. 3. Riprap placement downstream of proposed pond overflow points. 2. Riprap placed for channel improvements. 1.02 A. . B. 1.03 A. REFERENCES Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. American Society for Testing and Materials, Current Edition, hereafter referred to as ASTM. SUBMITTALS Test Resu1ts/CertificatesCSubmit the following test results and/or certificates in accordance with the procedures set forth in Division 1 of these Specifications: 1. At least 2 weeks prior to delivery to Site, provide Engineer with certificate indicating compliance with Specifications for riprap and coarse filter material. Provide, for each material, test results for at least two random samples showing gradation (ASTM D 422) and classification (ASTM D 2487). Identify source of material (i.e., address, vendor, etc.) so that Engineer or Owner can sample if desired. 1.04 SEQUENCING AND SCHEDULING [NOT USED] 1.05 BASIS FOR COMPENSATION A. Compensation for all Work covered under this Section of these Specifications shall be as set forth in Section 01270, Unit Price Measurement and Payment. . 246530 02375-1 . . . PART 2: PRODUCTS 2.01 GENERAL A. Materials used for riprap shall be durable field stone (round), of approved quality, sound, hard, and free of seams, cracks, and other structural defects. The stone shall be free of contamination by soil and other debris prior to incorporation in the Work. 2.02 RIPRAP A. Riprap shall conform to meet the gradation requirements of MnlDOT Standard Specification Table 3601-1 for the Class indicated on the Drawings. B. Granular filter material shall conform to MnlDOT Standard Specification 3149 for granular materials. C. Geotextile fabric shall conform to MnlDOT Standard Specification 3733 for Type V geotextile materials. PART 3: EXECUTION 3.01 GENERAL A. Riprap materials shall be installed in accordance with MnlDOT Standard Specification 2511 with a thickness and to the limits shown on the Drawings. END OF SECTION 02375 246530 02375-2 . SECTION 02630 STORM DRAINAGE PART 1: GENERAL 1.01 DESCRIPTION 1.02 . A. B. C. 1.03 A. B. A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 ofthese Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor to furnish and install pipe, appurtenances, and fittings including, but not limited to: 1. Furnish and install reinforced concrete pipe, corrugated polyethylene pipe, Polyvinyl Chloride pipe, flared end sections, catch basins and trashracks. 2. Construct catch basins and manhole structures. REFERENCES Minnesota Department of Transportation Standard Plates Manual, hereafter referred to as MnlDOT Standard Plates, current edition.. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as MnIDOT Standard Specifications. American Society for Testing and Materials, Current Edition, hereafter referred to as ASTM. SUBMITTALS Submit for approvalthe technical data and product information for all storm drainage materials. Submit certificate indicating all materials meet requirements of these Specifications. State item, applicable reference specification, class, type, manufacturer, and distributor PART 2: PRODUCTS 2.01 BACKFILL MATERIAL . 246531 A. Pipe bedding material shall be in accordance with requirements of Section 02300 of these Specifications. B. Random excavated materials shall be used for backfill where pipe bedding is not specifically required. 02630-1 . 2.02 REINFORCED CONCRETE PIPE 2.03 A. B. 2.04 A. B. C. . 2.05 A. 2.06 A. 2.07 A. 2.08 A. B. . C. 246531 A. Reinforced concrete pipe (RCP) and flared end sections (PES) shall conform to the Drawings and shall conform to the requirements ofMn/DOT Standard Specification 3236. Pipe joints shall conform to MnDOT Standard Plate 3006. Each pipe joint shall contain a water-tight 0- ring gasket as conforming to Mn/DOT Standard Specification 3726. Pipe sizes shall be as indicated on the Drawings. CONCRETE FLARED END SECTION WITH TRASH RACK Flared end section shall be reinforced concrete pipe (RCP) and conform to the requirements of Mn/DOT Standard Plate 3100. Trashracks shall be heavy duty type and the bars shall be constructed of galvanized steel and made to fit reinforced concrete aprons. PRECAST CONCRETE MANHOLE (MIl) Manholes shall be precast concrete conforming to the requirements ofMn/DOT Standard Specification 3622 and Mn/DOT Standard Plate 4020. Casting assembly shall be as shown on the Drawings or approved equal stamped "STORM SEWER" and adjusted to proposed finished grade. Integral base shall be furnished. WATERTIGHT BOOTS Watertight boots shall be used for all pipe connections to the manhole. Watertight boots shall be Kor-n-seal, A-Iok, or Engineer approved equal. CORRUGATED POLYETHYLENE PIPE - DUAL WALL Dual wall corrugated polyethylene pipe (CPEP) and appurtenances shall be ADS-NI2 Prolink Ultra Pipe WT (corrugated outer wall, smooth inner wall with water tight joints) or approved equal. Pipe shall conform to MnDOT Standard Specification 3247. Pipe shall be sizes and types indicated on the Drawings. CORRUGATED POLYETHYLENE APRON Aprons serving as end sections for CPEP shall be polyethylene or approved equal. POLYVINYL CHLORIDE PIPE (PVC) All PVC pipe shall be direct burial and size shown on Drawing and consistent with ASTM D3034, type PSM, SDR-35 wall thickness. All PVC joints shall be of the cemented bell or O-ring rubber gasket type or approved equal. Curb Inlet Catch Basin 1. Curb inlet catch basin.shall meet the requirements ofMnDOT Standard Plate 4021. 02630-2 . . . 2.09 MANHOLE RISER SECTIONS A. Any riser section required to extend the vertical height of an existing manhole shall be compatible with the existing manhole such that the joint can be fitted with a rubber O-ring type gasket and watertight seal. 2.10 CASTINGS A. All castings shall be a Neenah R-1642. 2.11 GRANULAR MATERIALS A. Granular materials furnished for foundation, bedding, or other purposes as may be specified shall consist of sound and durable products of any natural or synthetic mineral aggregate such as sand, gravel, crushed rock, or crushed stone, that shall be so graded as to meet the gradation requirements specified herein for each particular use. 2.12 PIPE BEDDING MATERIAL A. Pipe bedding material shall meet Mn/DOT Standard Specification 3l49.2G. 2.13 STABILIZATION ROCK A. Rock used for stabilization beneath storm water drainage pipes to be wrapped in a geotextile fabric shall be a crushed rock meeting the gradation requirements of MnIDOT 3149.2H except that crushed concrete or salvaged bituminous will not be used. 2.14 GEOTEXTILE WRAP A. The geotextile wrap shall be a woven fabric meeting the requirements of MnDOT Standard Specifications 3733 Type V. PART 3: EXECUTION 3.01 FILL PLACEMENT AROUND PIPES, MANHOLES, AND STRUCTURES A. The Contractor shall notify Engineer before placing fill around pipes, manholes, or structures. B. Do not use frozen fill material or place on frozen subgrade. C. No pipe, manhole or catch basin shall be laid in water nor when the trench bedding conditions are unsuitable, unstable, and/or unconsolidated. 246531 02630-3 . . . 3.02 REINFORCED CONCRETE PIPE A. Reinforced concrete pipe shall be installed to the line and grade shown on the Drawings. B. mstallation ofthe pipe shall be in accordance with Mn/DOT Standard Specification 2503.3 3.03 RCP FLARED END SECTION AND TRASHRACK A. The RCP flared end section shall be installed as shown on the Drawings. The alignment and depth shall be as shown on the Drawings. 3.04 CONCRETE MANHOLES A. The precast concrete manholes shall be installed at the locations and to the size and dimensions as shown on the Drawings. B. Precast manholes shall be installed in accordance with Mn/DOT Standard Specification 4020. 3.05 WATERTIGHT BOOTS A. Watertight boots shall be used for all pipe connections to the structures. The boots shall be installed according to the manufacturer's recommendations. 3.06 CORRUGATED POLYETHYLENE PIPE A. All corrugated polyethylene pipe shall be installed as shown on the Drawings and according to manufacturer's specifications. The pipe alignment and depth shall be as shown on the Drawings. B. mstallation of the pipe shall be as recommended by the manufacturer. 3.07 CORRUGATED POLYETHYLENE APRON A. The corrugated polyethylene apron shall be installed as shown on the Drawings and according to manufacturer's specifications. The pipe alignment and depth shall be as shown in the Drawings. 3.08 TOLERANCES A. Elevation tolerances for the final pipeline layout shall be to +.005 to -.20 feet of proposed elevations, as shown on the Drawings. 3.09 FIELD QUALITY CONTROL A. The Contractor shall establish and maintain quality control for work under this Section to assure compliance with contract requirements and maintain records of his quality control for all construction operations. In addition, the Contractor shall coordinate, verify and check the precast concrete. B. Pipe, pipe appurtenances, and manhole installation will be subject to rejection for any ofthe following reasons. 246531 02630-4 . . . 246531 1. Failure to conform to the Specifications, particularly with regard to: a. compaction under and around the pipe b. line and grade 2. Fractures or cracks passing through barrel wall or socket. 3. Chips or fractures on interior of barrel exceeding 50 mm (2 inches) in length, 25 mm (1- inch) in width, and depth more than Y4 barrel thickness. 4. Cracks which, in the opinion of Owner or Engineer, may impair strength, durability, or serviceability of pipe. 5. Defects indicating improper proportioning, mixing, or molding. 6. Damaged ends where such damage would prevent making a satisfactory joint. 7. Damaged gasketed coupler system. END OF SECTION 02630 02630-5 . SECTION 02700 BASES, BALLASTS, PAVEMENTS, AND APPURTENANCES PART 1: GENERAL 1.01 DESCRIPTION 1.02 A. B. 1.03 . A. 1.03 A. A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all supervision, labor, materials, equipment and performing all operations necessary to furnish and install aggregate base and asphalt pavement. REFERENCES American Society for Testing and Materials, Current Edition, hereafter referred to as ASTM. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. SUBMITTALS No submittals are required by this Section of these Specifications. BASIS FOR COMPENSATION Compensation for all Work covered under this Section of these Specifications shall be as set forth in Section 01270, Unit Price Measurement and Payment. PART2: PRODUCTS 2.01 AGGREGATE CLASS 5 BASE .' 246532 A. The Engineer may allow aggregate containing a limited quantity of binder soil, but not sod, roots, plants, other organic matter, or objectionable material and shall conform to Mn/DOT Standard Specifications 3138.2 Class 5. Class 5 will be "clean" such that no reclaimed glass or debris as defined in MnlDOT 3138.2 will be allowed. B. The material shall consist of sound durable particles of gravel and sand, crushed quarry or mine rock, crushed gravel or loose stone, crushed concrete mixture, or any combination thereof. Engineered fill shall meet the requirements of the Unified Soil Classification System material types: CH, CL, GC, GM, ML, MH, SC, SM. 02700-1 . 2.02 ASPHALT PAVEMENT BASE A. Asphalt pavement shall conform to the requirements ofMn/DOT Specification 2331 for Plant Mixed Bituminous Pavement Type 31 (base), L VNW35030B. 2.03 ASPHALT PAVEMENT WEARING COURSE A. Asphalt wearing course shall conform to the requirements ofMnJDOT Specification 2331 for plant mixed bituminous, MVWE35035C PART3: EXECUTION 3.01 REMOVAL 3.02 . A. B. C. D. 3.03 A. A. The Contractor shall remove existing topsoil, existing bituminous parking lot, curb & gutter and obstructions as necessary to install the Work. B. The sub grade will be cut or filled as necessary to provide the needed lines and grades as shown on the plans. The soil removed on the south edge of the site is expected to be acceptable for the subgrade. PAVEMENT AND AGGREGATE BASE PLACEMENT Install the aggregate base and compact to 100% of Standard Proctor Density, ASTM D 698. Adjust any and all castings to within +/- 114-inch ofthe finished grade Construct aggregate base and asphalt in accordance with the pavement Types and at the locations shown on the Drawings. Install asphalt pavement in accordance with MnlDOT requirements. FIELD QUALITY CONTROL The Contractor shall establish and maintain quality control for Work covered under this Section to assure compliance with the contract requirements, including compaction test results if requested by Owner. 3.04 WARRANTY . 246532 A. 12-month warranty against cracking. END OF SECTION 02700 02700-2 . SECTION 02702 TRAILS AND CURBS PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor to construct, including but not limited to: new trail and new concrete curb as shown on the Contract Drawings. 1. Replace existing "Bituminous Ped/Bike Trail" removed for construction of proposed utilities at locations shown on the Drawings. 2. Repair any existing "Bituminous Ped/Bike Trail" used to access construction sites and damaged during construction as directed by the Engineer. 3. Match existing trails with cuts and transitions shown on the Drawings. REFERENCES Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as MN/DOT Standard Specifications. SUBMITTALS Submit for documentation signed certification that materials furnished for this Work have been tested and conform to the applicable requirements of these Specifications. QUALITY ASSURANCE Comply with all applicable requirements ofMnlDOT Standard Specification 2340.1 DELIVERY, STORAGE, AND HANDLING Deliver bituminous wearing course mixture only in quantities that can be promptly placed and finished by forces on Site. Do not initiate bituminous mixture delivery until sufficient labor and equipment is on Site and prepared to complete intended pour. . Immediately remove from Site all materials not meeting requirements. 02702-1 .~ . 1.06 BASIS FOR COMPENSATION A. Compensation for all Work covered under this Section of these Specifications shall be as set forth in Section 01270, Unit Price Measurement and Payment. PART 2: PRODUCTS 2.01 BITUMINOUS WEARING COURSE MIXTURE A. Mix design shall conform to MnJDOT specification standards L VWE45030B. 2.02 CURBS A. Curbs and curb cuts shall be of the size and type to match existing MSA Curb & Gutter in accordance with MnlDOT 2531.2. 2.03 AGGREGATE SURFACING A. Aggregate surfacing material shall meet MnDOT Specification 3138 Class 2 aggregate modified to 100% passing the 3/8" sieve. PART 3: EXECUTION 3.01 . A. B. C. 3.02 A. 3.03 A. B. 3.04 A. . 246533 BITUMINOUS TRAILS Construct bituminous trails to the location and grade as shown on the Drawings. The bituminous mixture shall be placed on the compacted foundation material in one course as indicated on the Drawings so as to give the required thickness. Compaction shall be accomplished to a uniform density in a manner and quantity deemed satisfactory by the Engineer. GRAVEL TRAIL To be constructed with aggregate surfacing at locations and to dimensions shown on the Drawings. CONCRETE CURB Remove and replace concrete curb as shown on the Drawings to match existing and meet all MSA and Mn/DOT specifications standard in accordance with 2531.2. All pedestrian curb ramps shall be constructed to the geometry of Mn/DOT Standard Plate 7036 to meet all ADA guidelines. AGGREGATE BASE Place and compact the aggregate base material beneath trail to the compacted thickness as shown on the Drawings and in accordance with Section 02300 of these Specifications. 02702-2 . . . 3.05 IMPORTED SUBBASE A. Place and compact imported subbase as shown on the Drawings and in accordance with Section 02300 of these Specifications. 3.07 FIELD QUALITY CONTROL A. The Contractor shall establish and maintain quality control for the Work under this Section to assure compliance with the Contract Documents and maintain records of Contractor's quality for all operations, including, but not limited to, the following: 1. Identification of bituminous source and results of all source quality control. END OF SECTION 02702 246533 02702-3 . . . SECTION 02920 TURF ESTABLISHMENT PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division I of these Specifications, and the provisions of the other Contract Documents. B. Work includes establishing sod in the areas defined on the planting plan. 1.02 REFERENCES Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. 1.03 MEASUREMENT AND PAYMENT A. Compensation for all Work covered under this Section of these Specifications shall be as set forth in Section 01270, Unit Price Measurement and Payment. PART 2: PRODUCTS 2.01 MATERIALS A. Seed for turf grass mix shall conform to Mn/DOT Standard Specification 3876 for Seed Mixture 60B. B. Sod shall conform to Mn/DOT Standard Specification 3878.2A for Lawn Sod. C. Contractor to furnish water, hoses and watering equipment. PART 3: EXECUTION 3.01 SCHEDULE A. Coordinate the turf establishment work with grading and finishing operations, and the trees, shrubs, and perennial planting. The goal is to reduce to a minimum the lag time between the initial and final phases of the combined work and to establish turf protection as soon as possible after areas have been finish graded. 3.02 TURF ESTABLISHMENT A. Topsoil shall be applied in accordance with the requirements of Section 02300 of these Specifications. B. Turf establishment shall be in accordance with the provisions of Mn/DOT Standard Specification 2575.3. 246534 02920-1 3.03 . MAINTENANCE AND ESTABLISHMENT . A. B. 3.04 A. 3.05 A. . . 246534 The Contractor is responsible for maintaining all sodded areas in a healthy, growing condition by watering, weeding, mowing, rolling, etc. for a minimum of 30 days after installation. 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 Contractor's expense. CLEAN UP Remove all debris resulting from sodding activity and dispose of properly. Restore all areas disturbed by sodding operation to their original condition. ACCEPTANCE OF WORK Acceptance of Work will conform to the Mn/Dot Standard Specification 2575.3N3. END OF SECTION 02920 02920-2 . . . SECTION 02928 PLANTING AND SEEDING NATURAL AREAS PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division I of these Specifications, and the provisions of the other Contract Documents. B. Work includes planting and seeding in the natural areas defmed on the Drawings, or as designated by the Engineer. 1. Planting and seeding within the natural areas. 2. Special Warranty requirements. 1.02 REFERENCES A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as MnIDOT Standard Specifications, 1.03 MEASUREMENT AND PAYMENT A. Compensation for aU Work covered under this Section of these Specifications shall be as set forth in Section 01270,. Unit Price Measurement and Payment. 1.04 DEFINITIONS A. Landscape Architect: As designated by the Owner or Engineer. 1.05 CONTACTOR REQUIREMENTS Contractor shall provide the Owner with the information necessary to evaluate Bidder's qualification to perform the Work, the Bidder shall submit with Bidder's Bid the following documentation: A. Bidder 1. Resume including experience, equipment, personnel, qualifications, and alleast three selected client references. 2. Summary of successful experiences with a minimum of five (5) similar projects of comparable size including major and unique characteristics of each project. 3. At least three client's phone numbers and contact names for recommendation with reference to specific projects. 4. Summary of experience for all crew members with demonstrations that 70% of crew members have a minimum of 1 years experience performing landscape restoration projects. 246536 02928-1 . . . 5. Total number offulltime field staff employed. 6. Number of crews anticipated to be available at the following times: a. Spring current year b. Fall current year c. Spring second year d. Fall second year B. Superintendents (at least one (1) required) 1. Documentation demonstrating that each superintendent holds, as a minimum, Bachelors degrees in Natural Resources Management or related disciplines. 2. Resumes demonstrating that each superintendent has a minimum of 5 years experience in landscape restoration and maintenance supervision including experience or training in prairie and wetland management, entomology, pest control, soils, fertilizers, and plant identification. 3. Documentation that each superintendent has a valid commercial pesticide applicators license. C. None of the documentation required by this paragraph may be submitted to Owner after the time set for opening of Bids. 1.06 SUBMITTALS Contractor shall provide the Owner the following submittals within 30 days of notice to proceed on contracted work. A. Site Preparation Schedule 1. Site prep schedule shall include herbicides(s) product name and rate of application. B. Planting Schedule Submittal 1. Prior to the time of any seeding and/or planting Contractor shall supply the Owner with the proposed planting schedule for each type of planting. C. Seeding and Planting Submittal 1. Prior to the time of any seeding and/or planting the Contractor shall supply the Owner with the names and addresses of all seed and live plant suppliers showing quantities related to supplier for all seeds and live plants. Seed blends, percentages, weights, and ratios shall be submitted and guaranteed in writing. 1.07 JOB CONDITIONS A. Notification of Unsatisfactory Conditions 1. Contractor shall examine and evaluate grades, soils, and water levels, observe conditions under which work is to be performed, and notify Owner of unsatisfactory conditions. Contractor shall not proceed with the work until unsatisfactory conditions have been resolved. 2. Contractor shall notify Gopher State One-Call for all utilities locates prior to work initiation. 246536 02928-2 . . . B. Excavation 1. If conditions detrimental to installation or plant growth are encountered, such as rubble fill, adverse drainage conditions, or obstructions, Contractor shall notify Owner before planting. C. Protection of Existing Trails 1. Existing trails shall be protected with a 6" layer of mulch whenever machinery with non- rubber tires crossed over trail. Mulch will be provided by Owner; spreading maintenance, removal, and disposal of mulch will be performed by contractor and will be considered incidental costs. 1.08 Warranty A. Contractor shall warrant that grasses and forbs will meet the Condition and Coverage standards defmed below for a three-year period after seeding and planting is complete. B. Condition Standards 1. Contractor to request inspection of seeding work and plug planting by Landscape Architect 40 days after completion to verify that seedings are free of dead or dying patches larger than 9 square feet, and show foliage of normal density, size and color. One hundred percent of plugs shall be alive. C. Coverage Standards Growth and coverage of seeding shall meet the following standards: 1. STAGE 1 (End of 1st full growing season or later): Seedlings of at least three native grass species and five native forb species shall be widely dispersed through seeded area. No areas of bare soil larger than nine square feet shall exist. 2. STAGE 2 (End of 2nd full growing season or later): a. Site shall have 30 percent cover of native grasses/sedges and 30 percent cover of native forbs. b. Site shall contain 40 percent of all species contained in the specified seed mix. c. No bare patches of soil larger than four square feet shall exist. 3. STAGE 3 (End of3rd full growing season or later): a. Site shall have 40 percent cover of native grasses/sedges and a 30 percent cover of native forbs. b. Site shall contain 60 percent of all species contained in the specified seed mix. c. No bare patches of soil shall exist. D. Inspection and Reporting During Warranty Period: 1. Upon completion of the seeding and seedling establishment work, request a review by the Engineer to determine whether the work conforms to the requirements of the specifications. 246536 02928-3 . . . PART 2: 2. Request a review by the Engineer 40 days after plugs are planted to confirm plug and seed establishment success. 3. The Engineer will review all seeded and planted areas for acceptance at the end of each growing season and for fmal acceptance at the end of the three-year warranty period. 4. . If the condition and coverage criteria listed above are met by the growth of acceptable species, then the work will be accepted on an annual basis. 5. Following each review, Engineer will submit to Contractor written notification of acceptance or of corrective action required. E. Corrective Work During Warranty Period: 1. Reseed, replant, and otherwise correct work which does not meet the Condition and Coverage standards during each year and at the end of the three-year Warranty period, without cost to the Owner. 2. Perform corrective work in conformance with the requirements of this Specification. F. Delays: Delays in completion of planting operations, which extend the planting into more than one planting season, shall extend the Warranty period correspondingly. G. Exceptions: Contractor shall not be held responsible for failures due to vandalism. PLANT MATERIALS 2.01 LIVE PLANTS 246536 A. Contractor shall provide container grown plants and shrubs as shown in the Plant Lists on the drawings. B. Contractor shall deliver plants after preparations for planting have been completed and install plants within 48 hours of delivery. Plants stored on site shall be given proper horticultural care until installation. Proper horticultural care entails: watering, shading, proper drainage, pest and disease free, adequate sunlight to ensure average healthy growth per that season of growth and protection from weather and mechanical damage. C. Plants shall not be removed from containers until planting time. D. Plants shall be free from insects, diseases and weeds; and must show appearances of normal health and vigor. E. Plants shall be true to their name as specified. Their origin shall be known to be local within a 200 mile radius of the project location. Plant origin beyond a 200 mile radius shall be submitted in writing to the Project Owner for approval. See Section 5.01 for pre-qualified nurseries. F. All plant material, including collected stock, shall comply with the State and Federal laws with respect to inspection for plant diseases and insect and weed infestations. G. All precautions that are customary in good trade practice shall be taken to insure the arrival of plants in good condition. 02928-4 . H. Plants shall be packed in such a manner as to insure adequate protection against damage while in transit. The plant shall be carefully protected to insure that the plants are delivered in a good condition. I. When shipment is made by enclosed vehicle, the vehicle shall be adequately ventilated and cooled to prevent "over-heating" in transit shall not exceed 78 degrees Fahrenheit. J. All plants shall be packed or covered in such a manner as to insure adequate protection against damage while in storage and during planting operations. K. All plants are to be "hardened off' outdoors at least 3 day before pick-up. L. All plants to be no more than one day in transit. M. Species to be planted shall be those specified. Any substitution or change shall be approved in writing by the Owner. N. Plants may be inspected and approved at the place of growth, for compliance, with specification requirements for quality, size and variety. All plants to have white root tissue developed to bottom and edges of pots at time of delivery. Such approval shall not impair the right of inspection and rejection upon delivery at the site or during the progress of the work. Inspection of plants by the Owner before digging shall be at the option and expense of the Contractor. All plants shall be free of unacceptable weed species, pests, root or crown rot, mold and debris. All plants shall have been in current pot a minimum of six (6) weeks. Plants shall be free of the project location's state identified noxious weed seeds and Reed Canary Grass (phalaris arundinacea) and Purple Loosestrife (Lythrum salicaria). Container grown stock will be rooted in nursery grade potting soil. 2.02 SEED MIXTURES A. Contractor shall provide seed mixtures as indicated on drawings. B. Applicable Conditions: The following applies to all Contractor supplied seeds: 1. Seeds shall be blended by the vendor and the mixture and ratio shall be guaranteed in writing to be as specified by percentage or weight in the Seed and Plant Lists. Seed testing indicating an.80% or higher viability must be supplied to Owner. This submittal is required of the Contractor prior to final payout. C. Seed Requirements: All seeds shall conform to the following requirements. . 1. All legumes shall be inoculated with the proper rhizobia and at the appropriate time prior to planting. 246536 02928-5 . . . PART 3: 2. All seed shall be packed and covered in such a manner as to insure adequate protection against damage and maintain dormancy while in transit, storage or during planting operations. 3. All seed shall be true to their name as specified. Their origin shall be known to be local within a 200 mile radius of the project location. Plant origins beyond a 200 mile radius shall be approved in writing by the Owner. See Section 5.01 for pre-qualified nurseries. 4. Species and quantities to be planted shall be those specified. Seed mixtures and any substitutions or changes shall be submitted in writing to project the Project Owner for approval. 5. Seeds shall be free ofthe project location's state identified noxious weed seeds and Reed Canary Grass (phalaris arundinacea) and Purple Loosestrife (Lythrum salicaria). EXECUTION 3.01 SEEDING AND PLANTING SCHEDULE 3.02 246536 A. Seeding and Planting Plan 1. At least three weeks prior to beginning work in each area; Contractor shall submit a seeding and planting plan/schedule for approval by the Engineer. This planting plan shall include proposed methods of planting, species, quantities, types of propagules, proposed surface preparation and equipment. A. Examination and Preparation of Topsoil 1. Verification of Conditions: Examine site and verify to the Landscape Architect and Owner that conditions are suitable to receive work and that no defects or errors are present which would cause defective installation of products or cause latent defects in workmanship and function. 2. Unsuitable Conditions: Before proceeding with seeding work, notify the Owner and Landscape Architect in writing of all unsuitable conditions. B. Weed Eradication 1. Between 14 to 21 days prior to seeding date apply herbicide containing glyphosate. Apply 2- 4D upon notification from the Owner or the Landscape Architect. 2. If weeds are not dead after 10 days, spray once more, at least three days prior to any soil work. 3. If seeding is delayed and perennial weeds grow back, repeat steps one and two. C. Harrow seedbeds immediately prior to seeding. SEEDING AND PLANTING A. Seeding and Planting Dates 1. All Seeding shall be performed between May 1 and July 15 or between September 1 and October 30. 02928-6 . . . 246536 2. All planting shall be performed between June 1 and October 1. B. Seeding 1. Owner shall be notified 24 hours prior to beginning the seeding operations. 2. Immediately prior to seeding operations, all seeding equipment shall be calibrated and adjusted to sow seeds at the proper seeding rate. The drill shall be calibrated at Y2 the appropriate seeding rate and each area shall be drilled twice at opposite directions to help insure an even distribution. Seed shall be sown at approximately 1/8" to Y4" deep and no deeper than W' deep. 3. Seeding will take place using a "No-Till" drill with 3 compartments, except on slopes deemed too steep for "No-Till" drill method, areas where trees need to be protected, or areas deemed too wet (all as determined by Owner). Drill shall be checked at the end of each seeding pass to ensure even distribution of seed through each pass. 4. Cover crop shall be sown separately from forbs and grasses unless drill meters out forbs and grasses separately from cover crop. 5. If a broadcast method of seeding is used, the following requirements shall be followed: a. The broadcast method will use broadcast seeding equipped with an agitator that effectively prevents seed from bridging or plugging. Seed shall be broadcast twice over each area to help insure even distribution. The seeded area shall be hand-raked or dragged with an implement to the extent necessary to cover a majority of the seed with 1/8" to. %" of soil. 6. The Contractor shall be fully responsible for impleme:nting and maintaining permanent and temporary erosion control measures within prescribed planting areas until vegetated cover has been established to the Owner's satisfaction. 7. No fertilizer shall be applied to any seeded areas for any reason. 8. Mulch a. All areas to be seeded shall be mulched with straw mulch. b. Straw mulch shall be seed-free threshed straw mulch of oats or wheat, or prairie mulch. 1. Straw mulch shall be applied immediately to all seeded areas. Upon application of straw mulch, crimp immediately with an industry wide approved crimper, or with hand tools on slopes where machinery cannot be used. ii. Application Rates 1. Mulch shall be installed at a rate of 2 tons per acre in areas seeded with prairie seed. c. A shrub only beds shall be mulched with four inches of shredded hardwood mulch. d. Wood mulch shall consist of raw wood material from either hard or soft timber and shall be a product of a mechanical chipper, hammermill, or tub grinder. The material shall be substantially free of mold, dirt, sawdust, and foreign material and shall not be in an advanced state of decomposition. The material shall not contain chipped up manufactured boards or chemically treated wood, including but not limited to wafer board, particle board, and chromated copper arsenate (CCA) or penta treated wood. The material, when air dried, shall all pass a 4 inch screen and not more than. 20 percent by mass of the material shall pass a 0.1 inch sieve. Unattached bark or green leaf composition, either singly or combined, shall not exceed 20 percent each by mass. Maximum length of individual piec~s shall not exceed 20 inches. i. Planting bed soil shall be [me-graded and leveled with hand tools prior to placing mulch to avoid impeding or puddling surface drainage and to prevent mulch depth irregularities. 02928-7 . . . 11. Mulch material shall be placed no later than seven days after installation. In cases where soil moisture is excessive, to allow for evaporation, delayed mulch placement may be requested by the Contractor and approved by the Engineer. iii. Place mulch as shown in the Plan. C. Planting 1. Space plants within areas indicated on drawings. Adjust spacing as necessary to evenly fill planting bed with indicated quantity of plants. Plant layout shall be approved by Engineer in field prior to planting. 2. Planting Technique a. All Plants 1. Level topsoil in ground cover beds before installation of plant materials. After plant material installation, water bed area thoroughly to settle all plants. ii. Contractor to verify all utility locations prior to any digging or transplanting. 111. Provide preliminary staking of plantings using stakes or paint. Mark the edge of planting bed. b. Container Stock 1. Plants supplied in containers shall be installed immediately upon being removed from the containers. Remove plants from all plastic, metal, and wood containers so as not to disturb the root system or the soil in which they were planted. Under no conditions shall plants be removed from the container by pUlling on the main stems or plant growth. The outside of the root ball shall be scored or pruned in order to redirect circling roots. Paper fiber pots need not be removed, however, the container must be slit vertically at 6 inch intervals around the circumference ofthe pot. The top ofthe paper fiber pot must be removed to at least 1 inch below the soil grade. 3.03 CLEAN-UP AND PROTECTION A. During landscape work, Contractor shall store materials and equipment where directed, keeping pavements clean and work areas and adjoining areas in an orderly condition. B. Contractor shall protect landscape work and materials from damage due to landscape operations, operations by other trades and trespassers. Contractor shall maintain protection during installation and maintenance periods, and shall treat, repair or replace damaged landscape work as directed by Owner. 3.04 MAINTENANCE A. Natural Areas shall be maintained according to the requirements of Section 02929 ESTABLISHMENT PERIOD MAINTENANCE AND MANAGEMENT FOR NATURAL AREAS of these Specifications for the duration of the maintenance period. 3.05 WATERING A. Water for landscaping shall be obtained by the Contractor at his/her expense. Pumping water from the adjacent water bodies that are within the project limits and under project Owner's jurisdiction for 246536 02928-8 . 3.06 . . 3.07 246536 temporary irrigation purposes of natural plantings is acceptable as per DNR Division of Waters rules. 24 hour notification to Owner prior to any pumping is required. REVIEW AND ACCEPTANCE OF WORK A. Preliminary Review: I. Upon completion of the seeding and plug establishment work, request a review by the Landscape Architect to determine whether the work conforms to the requirements of the Specifications. 2. Request a review by the Landscape Architect 40 days after plugs are planted to confirm plug and seed establishment success. 3. If it is found that the work does not conform to the requirements of the Specifications, the Contractor will receive written notification from the Landscape Architect of required corrections. 4. Perform corrective work within ten calendar days after the Preliminary Review. 5. Upon completion of the corrective work, request another Preliminary Review to determine whether work conforms to the requirements of the Specifications. B. Preliminary Acceptance: I. When the Landscape Architect determines that the work conforms to the requirements of the Specifications the Contractor will 'receive a written notification of Preliminary Acceptance. 2. The three-year warranty period will commence upon the date specified by the notification of Preliminary Acceptance. C. Final Review: I. At the end of the three-year warranty period, Contractor shall request a review by the Landscape Architect to determine whether the work conforms to the requirements of the Specifications. 2. If Landscape Architect determines that work does not conform to the requirements of the Specifications, the Contractor will receive written notification of required corrections. 3. Perform corrective work within ten calendar days of Final Review. 4. Upon completion of the corrective work, Contractor shall request another Final Review by Landscape Architect, who will determine whether the work conforms to the requirements of the Specifications. D. Final Acceptance: Contractor will receive a written notification of Final Acceptance when the Landscape Architect determines that the work conforms to the requirements of the Specifications. FINAL CLEAN-UP A. Upon completion of the work and before preliminary acceptance and final installation payment will be made, the Contractor shall clean and remove from the site of the work surplus and discarded materials, temporary structures, and debris of every kind. 02928-9 .' . . 3.08 B. The Contractor shall leave the site of the work in a neat and orderly condition equal or better than that which originally existed. C. Surplus materials removed from the site of the work shall be disposed of at locations approved by the Owner. WORK. BY OTHERS A. Other contractors may be working in areas adjacent to the area of proposed work. Contractor shall coordinate work with the other contractors' work. 3.09 GUIDELINES FOR THE GENERAL SPECIFICATIONS 246536 A. Anything mentioned in the governing specifications and not shown on the plans, or shown on the plans and not mentioned in the governing specifications, shall be of like effect as if shown on, or mentioned on, both. B. In case of any discrepancy in the plans or governing specifications, the matter shall be immediately submitted to the Owner, without whose decision said discrepancy shall not be adjusted by the Contractor, save only at hislher own risk and expense. C. Figured dimensions shall govern over scaled dimensions. Where "as shown", "as indicated", "as detailed", or words of that similar import are used, it shall be understood that reference to the drawings is made, unless stated otherwise. END OF SECTION 02928 02928-10 . . . SECTION 02929 ESTABLISHMENT PERIOD MAINTENANCE AND MANAGEMENT FOR NATURAL AREA PLANTINGS PART 1: GENERAL 1.01 DESCRIPTION A. All Work specified herein shall be performed at the Riley/Marsh Lakes Water Quality Improvements Projects sites. B. All work shall be performed by Contractor meeting minimum qualifications described herein, demonstrating wetland restoration experience, natural resources education, burning credentials and extensive plant knowledge. C. The work specified herein includes providing all materials, equipment, and labor necessary for herbaceous plant maintenance for a period of three years including, but not limited to: · Inspection and reporting · Prescribed burning (as necessary) · Mowing (as necessary) · Weed Control (as necessary) 1.02 REFERENCES A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereinafter referred to as Mn/DOT Standard Specifications. 1.03 DEFINITIONS A. Landscape Architect: As designated by the Owner or Engineer. 1.04 QUALIFICATIONS A. Contractor shall perform all work under the direct control of a superintendent conforming to the minimum qualifications, including shoreline restoration experience, natural resources education, experience with prescribed burns and extensive plant knowledge (see submittals). B. Contractor shall not change superintendents without the written approval of Landscape Architect. C. If Contractor, in opinion of Landscape Architect or Owner, fails to provide a superintendent conforming to the minimum qualifications the Contractor shall be considered in breach of the Agreement. D. Burn Foreman to be S-130 and S-190 National Wildfire Coordination Group Certified or equal with a minimum experience level of 10 prescribed burns. 1.05 SUBMITTALS 246537 02929-1 . . . A. Submit the following during the three-year maintenance period, at the time the work is requested: 1. Procedures plan for prescribed burning, including a list of contingencies and planned responses to contingencies; notification of neighbors and emergency agencies, fire departments and police departments; and a list of required permits and approvals and methods for complying with them. 2. Procedures plan for herbicide and/or pesticide treatments, including a list of the targeted weeds, insects, and pests; neighbor notification and on-site postings method; list of products, rate of application, limitations or restrictions on product use; and copy of applicator license (if supervisor has changed from project inception). 1.06 EROSION CONTROL A. Contractor is required to continue erosion control methods and maintain previously installed materials, and to install where necessary additional protection to control erosion and sedimentation during their work on the site. Additional erosion control measures shall be considered incidental to plant maintenance. PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION 3.01 THREE-YEAR MAINTENANCE PERIOD A. Maintenance Period: 1. At the direction of the Landscape Architect and in cooperation with the Owner, perform the maintenance work described below during a three-year maintenance period commencing with preliminary acceptance of the work defmed above as the receipt by the Installation Contractor of a written notice from the Landscape Architect that the installation work conforms to the requirements of the Specifications. 2. Contractor shall fulfill all mandatory requirements without notification of Landscape Architect. 3. Landscape Architect or Owner will request additional work from Contractor during the three-year maintenance period, as deemed necessary by the Landscape Architect or Owner. This work includes prescribed burning, mowing, herbicide application, and manual weed removal. B. General Requirements (Mandatory): 1. Protection of Existing Conditions: Use every reasonable precaution to prevent damage to existing conditions such as structures, utilities, plant materials and walks on or adjacent to the site of the work. Any damage caused by the Contractor shall be repaired at the Contractor's expense. 246537 02929-2 . . . 2. Barriers: Maintain existing barriers or provide additional barricades, fences or other barriers as necessary to protect existing conditions from damage during maintenance operations. 3. Hazardous Operations: Do not store materials or equipment, do not allow burning, operation or parking of equipment under the branches of trees and shrubs. 4. Notification: Submit to Owner written notification of any damaged plants and/or structures. C. Inspection and Reporting (Mandatory): D. 246537 1. Contractor shall notify Landscape Architect at least 24 hours in advance of inspection in order to facilitate coordinated inspection. 2. Once a month (May through October) during the frrst two growing seasons, Contractor shall inspect for invasive weed encroachment, dead plants and erosion problems. 3. During year three of the maintenance period, Contractor shall conduct inspections during May, July and September to determine condition of the work and need for maintenance activities. 4. After each inspection, Contractor shall prepare and submit to the Landscape Architect a telephone report describing the results of the inspection and recommendations for further maintenance activities. Herbicide or Manual Treatment (As Necessary): 1. Upon discovery of invasive species during scheduled inspections conduct herbicide and/or manual treatments for weed control. 2. Herbicide and/or manual treatments may be required monthly (May - October) for the first two seasons and three times (May, July and September) during season three, or not at all, depending upon site conditions. 3. Upon first yearly herbicide treatment conducted, prepare and submit the treatment plan to the Landscape Architect for approval prior to treatment. 4. Conduct herbicide treatments in accordance with the approved treatment plan. E. Prescribed Burning (As Necessary) 1. At the request and direction of the Landscape Architect and in cooperation with the Owner, perform prescribed burning at the site. 2. Prescribed burning will likely be requested once during the three-year maintenance period. 3. When a request for burning is received, prepare and submit the burning plan specified. 4. Contractor shall provide a 3D-day written notice of intent to burn to an agreed on list of surrounding neighbors, municipal agencies, and other parties as suggested by the Owner. 02929-3 . . . 5. 6. All costs incurred by Contractor associated with developing and mailing the notice shall be incidental to the prescribed burning procedures as a whole. Contractor shall comply with City of Minnetonka Prescribed Burn Procedures. All permits shall be obtained by the Contractor at the Contractor's expense. F. Mowing: (As Necessary) 1. At the request and direction of the Landscape Architect and in cooperation with the Owner. conduct mowing operations at the site. 2. Mowing may be requested one or more times per year or not at all, depending upon weed growth and whether burning is performed. 3. Use a flail-type mower to prevent creation of mats of clippings. 4. Use low-profile equipment appropriate to slope conditions and to minimize the damage to soils and vegetation. 5. Mowat a height between six and eight inches. Do not mow shorter than six inches. G. Final Review: At the end of the three-year maintenance period. Contractor shall request a review by the Landscape Architect to determine whether the work conforms to the requirements of the Specifications. If Landscape Architect determines that work does not conform to the requirements of the Specifications. the Contractor will receive written notification of required corrections. 3. Perform corrective work within ten calendar days of Final Review. 1. 2. 4. Upon completion of the corrective work, Contractor shall request another Final Review by Landscape Architect. who will determine whether the work conforms to the requirements of the Specifications. H. Final Acceptance: Contractor will receive a written notification of Final Acceptance when the Landscape Architect determines that the work conforms to the requirements of the Specifications. 3.02 MAINTENANCE SECURITY A. Upon substantial completion of the project. funds will be retained for the extended warranty of wetland seeding and for the extended maintenance period described hereinabove. unless Contractor provides a suitable surety bond or other security acceptable to Owner. The minimum amount of such security shall be $20,000 based on quantity of wetland construction included in the project. Contractor and Owner may mutually agree to an alternative form of assurance. END OF SECTION 02929 246531 02929-4 . . . SECTION 02930 TREE & SHRUB PLANTINGS PART 1: GENERAL 1.01 DESCRIPTION A All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor necessary to furnish and install trees and shrubs as shown on the Drawings. 1.02 REFERENCES A Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. B. American Society for Testing and Materials, Current Edition, hereafter referred to as ASTM. C. American Standard for Nursery Stock, ANSI 260.1-1986. 1.03 SUBMITTALS A Submit for approval sample of hardwood mulch. B. Submit for approval references and experience for landscaping subcontractor as required by paragraph 1.06E. of this Specification. 1.04 SEQUENCING AND SCHEDULING A Contractor to coordinate the planting work with grading, . with the goal of minimizing lag time between work. B. Contractor to notify Engineer of when planting operations will occur, a minimum of three (3) days in advance. C. It is the Contractor's responsibility to contact the local utility companies for verification of the location of all underground utility lines in the area of work. 1.05 BASIS FOR COMPENSATION A Compensation for all Work covered under this Section of these Specifications shall be as set forth in Section 01270, Unit Price Measurement and Payment. 246538 02930-1 . . . 1.06 QUALITY ASSURANCE A. Codes: Trees and shrubs shall comply with local, state and federal laws relating to inspection for diseases and insect infestation. B. Grading Standards: Trees and shrubs shall meet the requirements set forth in these Contract Documents. In addition, they shall meet the requirements recommended by ANSI Z60.1. C. Inspection: The Engineer reserves the right to inspect the trees and shrubs at their place of growth and upon delivery for conformity to specification requirements. Approval of material at those times, does not preclude the right of inspection and rejection during progress of the planting work. D. Handling: 1. Protect plant material from heat and drying out if not planted immediately upon delivery. Set plant material on the ground, and keep continually moist andlor protect with a covering of soil, mulch, or other acceptable materiaL Material that is not protected in this manner is subject to rejection by the Engineer. 2. Lift balled andburlapped material from the bottom only, using straps or webbing to avoid cutting into the root ball. 3. Tying of branches shall be done with rope or twine only, and in such a manner that no damage will occur to the bark or branches. 4. Protect plants from wind and sun at all times by using tarpaulins or covers to prevent foliage, branches, and roots from drying out. E. Contractor's Qualifications: Contractor to submit a minimum of three project references (list only projects that were installed under the foreman assigned to this project). Include the Client andlor Landscape Architect's name and phone number for Engineer to contact. Foreman to have a minimum of five years of experience in landscape installation and have horticultural training. All crews to be familiar with planting procedures and be under the supervision of a qualified foreman. PART 2: PRODUCTS 2.01 TREES and SHRUBS: Provide as specified on Plant List located on the project Drawings. Do not make substitutions without prior approval by Engineer. 2.02 MULCH A. Finely Shredded Hardwood. 2.03 PLANTING SOIL: Planting soil should have a loose, friable, moist texture. If suitable, backfill plantings using soil dug from planting operation. If additional planting soil is required, use equal parts clean, course granular sand and topsoil free of plant parts and seeds and meet the requirements ofMn/DOT 3877.2. 2.03 WATER: The Contractor responsible for keeping trees and shrubs watered. 246538 02930-2 . 2.04 TREE PROTECTION TUBE A. Tree Protection Tube shall be seamless, extruded, twin-wall, rigid and semi translucent polypropylene tubes with laser line perforation and an outward-flared top rim. B. Shall include a plastic photodegradable netting cover and sleeve over the top of the tube to prevent entrapment of birds. PART 3: EXECUTION 3.01 TIME OF PLANTING A. Planting operations are to be conducted under favorable weather conditions during the following planting seasons: Spring: April I to June 15 Fall: September 1 to November 30 3.02 LAYOUT OF TREES AND SHRUBS A. Contractor to contact Engineer to have plantings staked. Engineer to stake locations for trees, shrubs and perennials conforming to the Planting Plan and layout remarks in the Plant Schedule. 3.03 PLANT PIT EXCAVATION . A. Excavate plant pits in the approved locations and in accordance with the Planting Details shown on the Planting Plan. B. In the event that rock or underground obstructions are encountered in any of the tree locations, alternate locations may be selected by the Engineer. Contractor to notify Engineer so that alternate location can be staked and approved. 3.04 PLANTING A. Plant trees and shrubs in accordance with the Planting Details shown on the Planting Plan. 3.05 MULCH A. All exclusively shrub, or shrub and tree plantings shall be mulched with 4 inches of shredded hardwood mulch. 3.06 TREE PROTECTION TUBE A. All tree protection tubes shall be secured with nylon ratchet-locking ties attached to a 1" xl" white oak stake to prevent dislodging or twisting. Imbed the bottom of the tube a minimum of 1" below the soil surface without disturbing the tree roots. . 24653& 02930-3 . . . 3.07 CLEANUP A. Clean-up the entire area around planting operations and restore to its original condition. This work shall include replacement of any and all sodded or seeded areas damaged by Contractor's planting operations. 3.08 INSPECTION AND ACCEPTANCE A. Contractor to request an inspection by Engineer of completed work. Engineer will produce a punch list following the inspection. The punch list will note all repairs, replacements, or work completions which may appear at the time to be necessary in the judgment of the Engineer. Engineer will deliver a copy of the punch list to the Contractor. Upon completion of all work identified on the punch list, a second inspection will be made. Such procedure will continue until all items of the punch list are corrected. Upon completion of a satisfactory inspection, the Engineer will recommend that the OWner accept the work as complete, provided all requirements of the extended maintenance and guarantee are met. 3.09 MAINTENANCE AND GUARANTEE 246538 A. Contractor to guarantee all plant material under this contract for a minimum of one full year from the time of Owner acceptance. 1. Replacements: At the end of the Guarantee Period, all plants shall fulfill all the requirements of these specifications with regard to quality and condition; further, they shall be free of dead branches and twigs and shall bear a minimum of 50% of the foliage present when planted having normal density, size, shape and color as determined by the Landscape Architect. Any plants failing to satisfy all these conditions shall be replaced as soon as possible. Plants may be replaced prior to the end of their guarantee Period if such an agreement exists between the Contractor and the Engineer. Replacement stock shall be subject to all requirements as to selection, inspections, preparation, planting and maintenance operations. Replacements shall match caliper and/or height attained by other stock of the original planting. 2. Replacement Guarantee: Replacement stock shall not be guaranteed. 3. Final Acceptance and Payment: A final inspection will be held after the end of the Guarantee period and after all replacements are complete. Final acceptance will be submitted in writing by the Engineer and payment will be issued for the amount of the retainage. END OF SECTION 02930 02930-4 . SECTION 02950 SITE RESTORATION PART 1: GENERAL 1.01 DESCRIPTION . 1.02 A. B. 1.03 A. B. 1.04 A. . 246575 A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor to restore all disturbed areas, and includes final grading, soil preparation, seeding, mulching, sodding, tree planting, and all other work as may be necessary, all in accordance with the Contract Documents including, but not limited to: 1. Restoring all areas disturbed as a result of Contractor's performance of ' the Work. 2. Topsoil, seed, and mulch along trails and all other disturbed areas as shown on the Construction Drawings and specified by the Engineer. 3. Place sod in damaged areas or for erosion control as directed by the Engineer. 4. Furnish and install shrubs and cuttings at locations to be determined by the Owner or Engineer. 5. Areas disturbed by Contractor for access purposes. or used as laydown areas to be restored in kind at the Contractor's expense. REFERENCES Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. American Standard for Nursery Stock, ANSI Z60.1-19&6. SUBMITTALS Contractor shall submit all product information a minimum of two weeks prior to the Work. Contractor shall submit test results for topsoil from off site source to be incorporated into the work a minimum of 2 weeks prior to use on the site. SEQUENCING AND SCHEDULING Contractor to coordinate the planting work with sod and site grading work, with the goal of minimizing lag time between work. 02950-1 . B. C. 1.05 A. B. C. . Contractor to notify Engineer when planting operations will occur, a minimum of three (3) days in advance. It is the Contractor's responsibility to contact the local utility companies for verification of the location of all underground utility lines in the area of work. QUALITY ASSURANCE Codes: Shrubs and cuttings shall comply with local, state and federal laws relating to inspection for diseases and insect infestation. Grading Standards: Shrubs shall meet the requirements set forth in these Contract Documents. In addition, they shall meet the requirements recommended by ANSI Z60.1. Inspection: The Cities and Engineer reserve the right to inspect the trees and shrubs at their place of growth and upon delivery for conformity to specification requirements. Approval of material at those times, does not preclude the right of inspection and rejection during progress of the planting work. D. Handling Plants: 1. Protect plants from heat and drying out if not planted immediately upon delivery. Set plants on the ground, and keep continually moist and/or protect with a covering of soil, mulch, or other acceptable material. Plants that are not protected in this manner are subject to rejection by the Cities or Engineer. 2. Protect plants from wind and sun at all times by using tarpaulins or covers to prevent foliage, branches, and roots from drying out. E. Foreman to have a minimum of five years of experience in landscape installation and have horticultural training. All crews to be familiar with planting procedures and be under the supervision of a qualified foreman. 1.06 BASIS FOR COMPENSATION A. Compensation for all Work covered under this Section of these Specifications shall be as set forth in Section 01270, Measurement and Payment. PART2: PRODUCTS 2.01 TOPSOIL A. Topsoil may be obtained from topsoil stockpiled during site preparation work.. An)! imported topsoil furnished by Contractor shall conform to the requirements ofMnlDOT Standard Specification 3877.2A. 2.02 SEED . 246575 A. The seed mixture shall be MnlDOT Seed Mixture 250, applied at the rate specified below as specified in MnlDOT Standard Specification 3876.2F. 02950-2 . . . Seed Mn/DOT 250 Pounds per Acre 70 (78.3 kg/ha) 2.03 SOD A. New sod shall conform to all requirements ofMn/DOT Standard Specification 3878 for Mineral Sod as specified in 3878.2D. 2.04 MULCH A. Mulch material shall be Type 1 mulch as specified in the MnIDOT Standard Specification 3882.2 or approved equal. 2.05 SHRUBS A. All new shrubs shall conform to the requirements ofMn/DOT Standard Specification 3861 Plant Stock or equal approved by the Engineer. 2.06 LIVE BRANCH CUTTINGS A. AIl1ive branch cuttings shall conform to the requirements ofMnlDOT Standard Specification 3861 Plant Stock or equal approved by the Engineer. T e Q 3/4" minimum stem base dia. 250 3/4" minimum stem base dia. 250 3/4" minimum stem base dia. 250 3/4" minimum stem base dia. 250 B. Cuttings shall consist of woody stems at least 18" to 4.5' in length with a %" minimum to 1-1/2" maximum diameter at butt end. C. AIl1ive branch cuttings shall be planted in the dormant season Woody plants can be considered dormant when their buds are set in the fall, usually after the first hard freeze, until late winter to early spring when buds are noticed to swell. D. AIl1ive branch cuttings shall be held in cold storage, around 28 of, until they can be planted. Materials should be cut and placed in a container of water to be transported to the site and kept in water until installed 246575 02950-3 . . . PART 3: EXECUTION 3.01 GENERAL A. After work in a particular area has been completed, the areas shall be final-graded as shown on the Drawings. Grading shall be performed in a manner that will minimize erosion. After final grading, all disturbed areas shall be covered with topsoil, seeded, fertilized and mulched, or sodded. Turfrestoration shall be in accordance with Mn/DOT Standard Specifications 2575 and as specified herein. B. Coordinate the turf establishment work with the grading and finishing operations to provide turf protection as soon as possible after areas have been graded. 3.02 TOPSOIL PLACEMENT AND GRADING A. Place stockpiled topsoil uniformly over entire area to be sodded or seeded to a minimum depth shown on the Construction Drawings. In the event that topsoil has been disturbed or is not of acceptable depth prior to application of sod or seed, supplement topsoil in area to bring it up to the above specified depth. All areas receiving sod or seed shall be worked until the soil is completely fined and in a mellow condition, and to a smooth, even finish grade. All holes, depressions and rivulets shall be filled in to ensure no disruption of established drainage patterns. All rubble, sticks, branches, or stones and extraneous material over %-inch diameter on the surface, which will interfere with the sod shall be picked up and removed. B. Immediately prior to sodding or seeding, Contractor shall loosen topsoil to a depth of 3 inches on all areas except slopes steeper than 2 horizontally to 1 vertically using discs, harrows, tiller rakes to produce fine grade. On slopes steeper than 2:1, use cultivating equipment in general direction at right angles to the direction of surface drainage wherever practical. C. Prepare ground so top of new seeded area or sod area will be flush with adjacent sod, adjacent walks, and permanent surfacing. 3.03 SEEDING A. Seed shall be sowed in accordance with Mn/DOT Standard Specifications 2575.3D and as specified herein. The soil shall be prepared less than 48 hours prior to seeding. Seed shall be applied at the rate specified. B. The specified seed mixture shall be a uniform blend of the designated seeds, and shall be uniformly spread and sown by means of mechanical equipment. All mechanical equipment used in the seeding operation shall be operated in a general direction at right angles to the direction of surface drainage whenever practical. Provisions shall be made by markers or other means to ensure that the successive seeded strips will overlap. Seeding shall be done before the soil prepared for seeding becornes eroded, crusted over, or dried out. Seeding activities will be suspended or altered as directed by Engineer when soil conditions become excessively wet or dry. C. Seeding shall be performed mechanically with equipment designed for even distribution of seed. The seed may be applied by (1) a tractor-drawn rotary spreader or seed drill (except that tractor- drawn equipment will not be permitted on previously seeded and mulched areas), or (2) a hand- operated or manually pushed mechanical spreader. The use of hand-operated or manually pushed 246575 02950-4 . . . mechanical spreaders will be permitted only in areas where it is inaccessible for other equipment. During windy weather, no seeding shall be done with hydro-seeding devices. D. All seeded areas shall have the seed bed firmed after seeding and prior to mulching. ill these areas, soil firming shall be performed using a corrugated cultipacker or other Owner-approved soil-firming equipment. Soil firming shall be accomplished the day seed is applied. 3.04 MULCHING A. Mulch shall be applied in accordance with MnlDOT Standard Specifications 2575.3F except the rate of application shall be 4 tons per acre and as specified herein. All seeded surfaces shall be mulched the same day seed is applied. Should mulch application be delayed to the next day, the area shall be reseeded and refirmed at the Contractor's expense. B. On slopes of 1 foot vertical rise in 4 feet horizontal distance (4:1) or flatter, MnlDOT Type 1 mulch shall be embedded by a disc-type roller having flat serrated discs spaced not more than 10 inches apart. The disc-type roller shall be maintained during mulch anchoring operations to ensure the mulch is incorporated into the ground as specified. The mulch roller shall be operated in a general direction at right angles to the direction of surface drainage whenever practical. The mulch shall be embedded in the soil a sufficient depth to prevent the loss of mulch by wind or water erosion. Mulch shall be disc-anchored the same day it is placed. C. On slopes steeper than 4: 1 or other areas where Type 1 mulch cannot be anchored to the soil by the above-described disc anchoring procedure, the Contractor shall mulch these areas by spreading MnIDOT Type 1 mulch over the exposed soil at a rate of 4 tons per acre. The same day it is applied to the soil the mulch shall be covered with polypropylene netting. The netting shall be anchored to the soil in accordance with the manufacturer's recommendations and MnlDOT Specification 3883. All slopes steeper than 4: I that are hydro-seeded shall also contain an Engineer-approved tackifYing paper mulch in addition to a Type I mulch and polypropylene netting. D. On steep slope areas, wood fiber blanket shall be used as designated by the Engineer following seeding operations. In areas where wood fiber blanket is used, polypropylene netting shall not be installed. E. Following the mulching operation, precautions shall be taken to prohibit pedestrian or vehicular traffic over the mulched area. Any mulch which is displaced by such activities shall be replaced at once, but only after the work preceding the mulching, which may have been damaged as a result of the displacement, has been acceptably repaired. Mulching activities will be suspended or altered as directed by Engineer when soil conditions become excessively wet or dry. 246575 02950-5 . 3.05 3.06 A. 3.07 A. 3.08 A. 3.09 A. . B. C. D. 3.10 A. 3.11 A. . 246575 TIME OF PLANTING A. Planting operations are to be conducted under favorable weather conditions during the following planting seasons: Spring: April 1 to June 15 Fall: September 30 to November 30 (coniferous plant material Aug. 15 to Oct. 1) INSPECTION ON SITE Engineer to approve all plants at site prior to installation. LAYOUT OF TREES Engineer will stake plant locations prior to any digging. PLANTING OF SHRUBS Planting of shrubs shall conform to the requirements ofMn/DOT Standard Specification 2511 Plant Installation and as shown on the Drawings. PLANTING OF CUTTINGS Cuttings shall be inserted into the soil at right angles to the slope face. Set the materials as deep as possible with at least the bottom 12 inches into a saturated soil layer. The Contractor shall make a pilot hole by driving a tool, as a pry bar or rebar, through the rip rap and filter layer, reaching the ground soil; care must taken to avoid splitting the planting material. Tamp the cutting so the bottom end is in good contact with soil. Care shall be taken not to split the ends or damage the bark of the cuttings. Placement shall be 2 feet on center using a triangular spacing in locations as directed by Engineer. CLEAN UP Clean-up the entire area around planting operations and restore to its original condition. This work shall include replacement of turf damaged by Contractor's planting operations. INSPECTION AND ACCEPTANCE Contractor to request an inspection by Engineer of completed work. Engineer will produce a punch list following the inspection. The punch list will note all repairs, replacements, or work completions which may appear at the time to be necessary in the judgment ofthe Engineer. Engineer will deliver a copy of the punch list to the Contractor. Upon completion of all work identified on the punch list, a second inspection will be made. Such procedure will continue until all items of the punch list are corrected. Upon completion of a satisfactory inspection, the Engineer will recommend that the Owner accept the work as complete, provided all requirements of the extended maintenance and guarantee are met. 02950-6 3.12 MAINTENANCE AND GUARANTEE . A. Contractor to guarantee all shrubs under this contract for a minimum of three (3) full growing seasons from the time of Owner acceptance. 1. Replacements: At the end of the Guarantee Period, all plants shall fulfill all the requirements of these specifications with regard to quality and condition; further, they shall be free of dead branches and twigs and shall bear a minimum of 50% of the foliage present when planted having normal density, size, shape and color as determined by the City Any plants failing to satisfy all these conditions shall be replaced as soon as possible. Plants may be replaced prior to the end of their guarantee Period if such an agreement exists between the Contractor and the City. Replacement stock shall be subject to all requirements as to selection, inspections, preparation, planting and maintenance operations. Replacements shall match caliper and/or height attained by other stock of the original planting. 2. Replacement Guarantee: Replacement stock shall not be guaranteed. 3. Final Acceptance and Payment: A final inspection will be held after the end of the Guarantee period and after all replacements are complete. Final acceptance will be submitted in writing by the Engineer and security will be returned to Contractor or payment will be issued for the amount of any retainage. 3.02 MAINTENANCE SECURITY . A. Upon substantial completion of the project, funds will be retained for the extended replacement guarantee of shrubs described hereinabove, unless Contractor provides a suitable surety bond or other security acceptable to Owner. The minimum amount of such security shall be $20,000 based on quantity of shrubs included in the project. Contractor and Owner may mutually agree to an alternative form of assurance. END OF SECTION 02950 . 246575 02950-7