Contract Documents 01-27-06 DRAFT
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CONTRACT DOCUMENTS
LAKE RILEYIRICE MARSH LAKE
WATER QUALITY IMPROVEMENTS
RILEY-PURGATORY-BLUFF CREEK
WATERSHED DISTRICT
23/27-E61-HMR-00l
January 27, 2006
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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
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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
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Advertisement for Bids
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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.
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Instructions to Bidders
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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Bid Form
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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.)
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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.
.
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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
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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.
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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
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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
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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.)
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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
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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
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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.
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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:
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Form of Agreement
246498
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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.
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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.
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. 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
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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.
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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
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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.' ,
. . .' .
'. . .
. -.' .."
'. .'
. .
. .
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'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
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.
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
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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.
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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.
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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
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EJCDC C-700 Standard General Conditions oC the Construction CGntract.
Copyright @ 2002 National Society oC ProCessional Engineers Cor EJCDC. All rights reserved.
00700 - 5
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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
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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.
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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.
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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.
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00700 -10
.
.
(unless such an interpretation of the provisions
of the Contract Documents would result in viola-
tion of such Law or Regulation).
3.04 Amending 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.
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4.02 Subsuiface and Physical Conditions
.
A. Reports and Drawings: The Supplementary
Conditions identify:
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
Engineer has used in preparing the Contract Documents;
and
2. those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities)
that Engineer has used in preparing the Contract
Documents.
B. Limited Reliance by Contractor on Technical
Data Authorized: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
.
1. the completeness of such reports and drawings
for Contractor's purposes, including, but not limited to,
any aspects of the means, methods, techniques,
sequences, and procedures of construction to be employed
by Contractor, and safety precautions and programs
incident thereto; or
2. other data, interpretations, opInIOnS, and
information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions, or information.
4.03
Differing 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.
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c. Contractor failed to give the written notice as
required by Paragraph 4.03.A.
.
3. If Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of
any adjustment in the Contract Price Or Contract Times,
or both, a Claim may be made therefor as provided in
Paragraph 10.05. However, Owner and Engineer, and any
of their Related Entities shall not be liable to Contractor
for any claims, costs, losses, or damages (including but
not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or
anticipated project.
4.04 Underground Facilities
A. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to 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
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.
.
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
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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
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deductible amounts that are identified in the Supple-
mentary Conditions. The risk of loss within such
identified deductible amount will be borne by Contractor,
Subcontractors, or others suffering any such loss, and if
any of them wishes property insurance coverage within
the limits of such amounts, each may purchase and
maintain it at the purchaser's own expense.
E. If Contractor requests in writing that other
special insurance be included in the property insurance
policies provided under Paragraph 5.06, Owner shall, if
possible, include such insurance, and the cost thereof will
be charged to Contractor by appropriate Change Order.
Prior to commencement of the Work at the Site, Owner
shall in writing advise Contractor whether or not such
other insurance has been procured by Owner.
5.07 Waiver of Rights
.
A. Owner and Contractor intend that all policies
purchased in accordance with Paragraph 5.06 will protect
Owner, Contractor, Subcontractors, and Engineer, and all
other individuals or entities identified in the Supple-
mentary Conditions to be listed as insureds or additional
insureds (and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them) in such policies and will provide primary coverage
for all losses and damages caused by the perils or causes
of loss -covered thereby. All such policies shall contain
provisions to the effect that in the event of payment of
any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. Owner and Contractor waive all rights against
each other and their respective officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for all losses and
damages caused by, arising out of or resulting from any of
the perils or causes of loss covered by such policies and
any other property insurance applicable to the Work; and,
in addition, waive all such rights against Subcontractors,
and Engineer, and all other individuals or entities
identified in the Supplementary Conditions to be listed as
insured or additional insured (and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them) under such
policies for losses and damages so caused. None of the
above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of
insurance held by Owner as trustee or otherwise payable
under any policy so issued.
B. Owner waives all rights against Contractor,
Subcontractors, and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for:
1. loss due to business interruption, loss of use,
or other consequential loss extending beyond direct
physical loss or damage to Owner's property or the Work
caused by, arising out of, or resulting from fire or other
perils whether or not insured by Owner; and
2. loss or damage to the completed Project or
part thereof caused by, arising out of, or resulting from
fire or other insured peril or cause of loss covered by any
property insurance maintained on the completed Project
or part thereof by Owner during partial utilization
pursuant to Paragraph 14.05, after Substantial Completion
pursuant to Paragraph 14.04, or after final payment
pursuant to Paragraph 14.07.
C. Any insurance policy maintained by Owner
covering any loss, damage or consequential loss referred
to in Paragraph 5.07.B shall contain provisions to the
effect that in the event of payment of any such loss,
damage, or consequential loss, the insurers will have no
rights of recovery against Contractor, Subcontractors, or
Engineer, and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of
insurance required by Paragraph 5.06 will be adjusted
with Owner and made payable to Owner as fiduciary for
the insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
Paragraph 5.08.B. Owner shall deposit in a separate
account any money so received and shall distribute it in
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached, the
damaged Work shall be repaired or replaced, the moneys
so received applied on account thereof, and the Work and
the cost thereof covered by an appropriate Change Order.
B. Owner as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within 15 days
after the occurrence of loss to Owner's exercise of this
power. If such objection be made, Owner as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach. If no
such agreement among the parties in interest is reached,
Owner as fiduciary shall adjust and settle the loss with the
insurers and, if required in writing by any party in
interest, Owner as fiduciary shall give bond for the proper
performance of such duties.
5.09 Acceptance of Bonds and Insurance; Option to
Replace
A. If either Owner or Contractor has any
objection to the coverage afforded by or other provisions
of the bonds or insurance required to be purchased and
maintained by the other party in accordance with Article 5
on the basis of non-conformance with the Contract
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Documents, the objecting party shall so notify the other
party in writing within 10 days after receipt of the
certificates (or other evidence requested) required by
Paragraph 2.01.B. Owner and Contractor shall each
provide to the other such additional information in respect
of insurance provided as the other may reasonably
request. If either party does not purchase or maintain all
of the bonds and insurance required of such party by the
Contract Documents, such party shall notify the other
party in writing of such failure to purchase prior to the
start of the Work, or of such failure to maintain prior to
any change in the required coverage. Without prejudice to
any other right or remedy, the other party may elect to
obtain equivalent bonds or insurance to protect such other
party's interests at the expense of the party who was
required to provide such coverage, and a Change Order
shall be issued to adjust the Contract Price accordingly.
5.1 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.
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1. Contractor shall submit to Engineer for
acceptance (to the extent indicated in Paragraph 2.07)
proposed adjustments in the Progress Schedule that will
not result in changing the Contract Times. Such adjust-
ments will comply with any provisions of the General Re-
quirements applicable thereto.
2) it will conform substantially to the
detailed. requirements of the item named in the
Contract Documents.
2. Substitute Items
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
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b) whether or not use of the proposed
substitute item in the Work will require
a change in any of the Contract Docu-
ments (or in the provisions of any other
direct contract with Owner for other
work on the Project) to adapt the design
to the proposed substitute item; and
3) it has a proven record of performance
and availability of responsive service; and
b. Contractor certifies that, if approved and
incorporated into the Work:
.
c) whether or not incorporation or use
of the proposed substitute item in con-
nection with the Work is subject to
payment of any license fee or royalty;
3) will identify:
a) all variations of the proposed
substitute item from that specified , and
b) available engineering, sales,
maintenance, repair, and replacement
services;
4) and shall contain an itemized esti-
mate of all costs or credits that will result
directly or indirectly from use of such substitute
item, including costs of redesign and claims of
other contractors affected by any resulting
change,
.
B. Substitute Construction Methods or Proce-
dures: If a specific means, method, technique, sequence,
or procedure of construction is expressly required by the
Contract Documents, Contractor may furnish or utilize a
substitute means, method, technique, sequence, or
procedure of construction approved by Engineer.
Contractor shall submit sufficient information to allow
Engineer, in Engineer's sole discretion, to determine that
the substitute proposed is equivalent to that expressly
called for by the Contract Documents. The requirements
for review by Engineer will be similar to those provided
in Paragraph 6.05.A.2.
C. Engineer's Evaluation: Engineer will be
allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A
and 6.05.B. Engineer may require Contractor to furnish
additional data about the proposed substitute item.
Engineer will be the sole judge of acceptability. No "or
equal" or substitute will be ordered, installed or utilized
until Engineer's review is complete, which will be
evidenced by either a Change Order for a substitute or an
approved Shop Drawing for an "or equal." Engineer will
advise Contractor in writing of any negative
determination.
D. Special Guarantee: Owner may require
Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any
substitute.
Documents (or in the 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
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or entity except as may otherwise be required by Laws
and Regulations.
.
D. Contractor shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or indirect
contract with Contractor.
E. Contractor shall require all Subcontractors,
Suppliers, and such other individuals or entities per-
forming or furnishing any of the Work to communicate
with Engineer through Contractor.
F. The divisions and sections of the Specifica-
tions and the identifications of any Drawings shall not
control Contractor in dividing the Work among Subcon-
tractors or Suppliers or delineating the Work to be
performed by any specific trade.
.
G. All Work performed for Contractor by a
Subcontractor or Supplier will be pursuant to an appro-
priate agreement between Contractor and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
Owner and Engineer. Whenever any such agreement is
with a Subcontractor or Supplier who is listed as an
additional insured on the property insurance provided in
Paragraph 5.06, 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.
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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-
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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
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.
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
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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
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.
.
properly integrate with such other work. Contractor shall
not endanger any work of others by cutting, excavating,
or otherwise altering their work and will only cut or alter
their work with the written consent of Engineer and the
others whose work will be affected. The duties and
responsibilities of Contractor under this Paragraph are for
the benefit of such utility owners and other contractors to
the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between
Owner and such utility owners and other contractors.
C. If the proper execution or results of any part
of Contractor's Work depends upon work performed by
others under this Article 7, Contractor shall inspect such
other work and promptly report to Engineer in writing any
delays, defects, or deficiencies in such other work that
render it unavailable or unsuitable for the proper
execution and results of Contractor's Work. Contractor's
failure to so report will constitute an acceptance of such
other work as fit and proper for integration with
Contractor's Work except for latent defects and
deficiencies in such other work.
7.02 Coordination
A. If Owner intends to contract with others for
the performance of other work on the Project at the Site,
the following will be set forth in Supplementary Condi-
tions:
.
1. the individual or entity who will have
authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such
authority and responsibility will be itemized; and
3. the extent of such authority and responsibili-
ties will be provided.
B. Unless otherwise provided in the
Supplementary Conditions, Owner shall have sole
authority and responsibility for such coordination.
7.03
Legal Relationships
A. Paragraphs 7.01.A and 7.02 are not applicable
for utilities not under the control of Owner.
B. Each other direct contract of Owner under
Paragraph 7.01.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.
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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.
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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
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9.06
Shop Drawings, Change Orders and Payments
.
A. In connection with Engineer's authority, and
limitations thereof, as to Shop Drawings and Samples, see
Paragraph 6.17.
B. In connection with Engineer's authority, and
limitations thereof, as to design calculations and design
drawings submitted in response to a delegation of
professional design services, if any, see Paragraph 6.21.
C. In connection with Engineer's authority as to
Change Orders, see Articles 10, 11, and 12.
D. In connection with Engineer's authority as to
Applications for Payment, see Article 14.
9.07 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.
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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.
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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
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.
.
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.
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.
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
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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.
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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
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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
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.
.
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
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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
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.
.
.
.
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
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Supplementary Conditions
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.
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.
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00800-1
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SC-2.01.B
SC-2.02.A
SC-2.03.A
SC-2.08
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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
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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:
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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
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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.
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00800-4
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SC-4.04.A
SC-5.01.A
SC-5.04.A
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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
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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
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". ..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
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SC-5.06.B
SC-5.06.D
SC-5:06:E
SC-6.02.B
SC-6.08.A
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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
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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
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.... .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
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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:
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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
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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.
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00800-10
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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
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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.
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00800-12
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.
.
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
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.
.
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.
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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.
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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]
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PART 3: EXECUTION [NOT USED]
END OF SECTION 01110
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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.
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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
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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.
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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.
.
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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.
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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.
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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.
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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.
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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
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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,
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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
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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
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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.
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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
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.
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.
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.
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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
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.
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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.
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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
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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.
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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.
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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:
.
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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.
.
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01330-4
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.
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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
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.
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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
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.
.
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
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.
.
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
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.
.
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