HomeMy WebLinkAboutSpecifications
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To: Prospective Bidders
From: Valley Engineering Co., Inc.
Date: September 9, 1992
Addendum No. 1
CI1Y PROJECf NO. 92-12
HOLLY CIRCLE IMPOUNDMENT STRU\..lURE
Prior Lake, Minnesota
This Addendum forms a part of the Contract Documents dated August 14, 1992. Acknowledge receipt of this
addendum on the space provided on the Bid Form. Failure to do so may result in disqualification of bid.
This Addendum includes two typed desription pages, 3 pages of revised Insurance Special ProyJsions, 5 pages
of drawing revisions and 5 pages of the revised Bid Form. ' \
Oaal1Jf'-C to PIami
1. Sheet No.3: Revise "TYPICAL EMBANKMENT SEl., liON" per detail Rl /3 issued with
this Addendum.
2. Sheet No.3: Revise "FUTURE STREET SEl., liON" per detail R2 /3 issued with this
Addendum.
3. Sheet No.4: Revise rip rap flume elevations and shorten flume length per detail R3 /4 issued
with this Addendum. Actual quantities to be measured in field and paid according to contract
unit price.
4. Sheet No.4: Revise profue per detail R4 /4 issued with this Addendum.
5. Sheet No.4: Revise top of catch basin curb box elevation per detail R5 /4 issued with this
Addendum.
6. Sheet No.5: Revise PLAN NOTES, Note no. 5 to read, "6' x 4' PRECAST CONCRETE BOX
MODIFIED TO ACCOMMODATE 36" RCP AND 12" DUCTILE IRON PIPE."
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~Anr to ~pecificatiom;
~al Conditions General~
1. ARTICLE 1.18 BONDS AND INSURANCE: Delete Sections 1.18 b through 1.18 c (Insurance)
and replace with Special Provisions SP-5 through SP-5.6.1 issued with this Addendum.
2. ARTICLE 1.20 - PlANS AND PROCEDURES FOR REMOVING EXISTING DAM: Add
Article 1.20 - Plans and Procedures for Removing Existing Dam. Prior to beginning the Work,
the Contractor shall submit a written plan describing the procedures to be used in removing the
existing dam. The plan shall address the release of backwater and measures to be taken to
prevent erosion of the downstream channel. Construction of coffer dams, diversion channels
and other techniques are subject to the limitations of permits pending from the Prior Lake-
Spring Lake Watershed District and the U.S. Army Corps of Engineers. No work shall begin
until the plans and procedures for removing the existing dam have been approved by the
Engineer.
PRQroSAL FORM~
1. Changes:
Line item 2.10 - Reduce the quantity of the grouted rip rap overflow flume.
2. One copy of entire Bid Form reissued with this Addendum.
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09/04/92 14:05
FAX 612 447 4245
CITY PRIOR LAKE
I4l 002
SP.-5.3.1
PROJECT 92-12 I HOLLY CIRCLE IMPOUNDMENT S.&.l\uC'.&:u4
SP-5 Jonds and In.uranc~
SP-5.3 CONTRACTOR'S Liabilitv Insuranc~
The CONTRACTOR shall inde1llnify and hold
harmless the OWh,a,J( and t.he ENGINEER against.
liability claims and lawsuits of any kind,
arising directlY or indirectly :from any act. of
the CONTRACTOR, its aqents, Suppliers,
employees or Subcontractors in the course of
the Work.
The CONTRACTOR shall not oommence Work under
this contract until he has obtained all
insurance required herein and suoh insurance
has been approved by the OWNER. All such
insurance contracts shall be maint.ained
throughout the life of this contract and Shall
be evidenced by oarrier's certificates filed
with the ENGINEER.
The CONTRACTOR shall not allow any
Subcontract.or to commence Work." "on his
subcontract. until such Subcontrad~or has
obtained satisfacto;r insurance coverage as to
compensation, pub11C liability, property
damage and automobile insurance.
c~~rensat~on Insurance. The CONTRACTOR
aha 1 maintain such 1nsurance as will protect
him from olaims under workmen's compensation
acts, and from any other claims for damages
for personal injury, including death, which
may arise from operations under this contract.,
whether such operations be by himself or by
any Subcontractor or anyone directly or
indirectly employed by either of "them.
SP-5.3.7
Automobile Insurance. The CONTRACTOR shall
take out ana ma1nta1n during the life of the
contract, Comprehensive Automobile Public
Liability Insurance on all automotive
equipment owned, rented or borrowed by
CONTRACTOR or anI Subcontractor with respect
to the Work, n the minimum amount of
$500,000.00 for injuries including accidental
death to anyone person and $1,000,000.00 for
injuries including death resulting from any
one accident. This policy must also provide
$500,000.00 Property Damage ooverage.
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U~/04/92 14:06
FAX 612 447 4245
CIT~ PRIUl{ LA1\J::.
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SP-5.4
SP-5.4.,1
SP-5.5
SP-S.5.1
Contractural Liability Insurance
Public Liability and Property Damaqe
Insurance. The C(.;.l~'1z<.ACTOR sbaJ.~ take out ana:
lna1nta1n during- the life of this contract such
Comprehensive Public Liability Insurance,
Property Damage Insurance and CONTRAC~OR'S
continqent or Protective Insurance a. shall
protect him and any Subcontraotors performing-
Work covered by this contract from claims tor
damages for personal injury, including death,
as well as from claims for property damages
which may arise trom operations under this
contract, whether such operations are by
himself or by any Subcontractor or by anyone
direotly or indirectly employed by either of
t.helD, and the amounts of such insurance shall
be as follows:
Public Sinqle Limit Liability Insurance
coveraqe of an amount of not less than
$1,000,000.00 for any liability incu..ed
includinq injuries, accidental death and
property aamaqe.
In addition, the CO~~KACTOR shall provide a
$2,000,000.00 umbrella clause. "\
9~~K/S Liabili~ Insuranoe
OWNER'S Protective Continqent Liability
Insuranoe. The CONTRACTOR shall take out and
maintain durinq the lite of the contract, in a
company or cO....I:'anies approved by the ENG:rNEER,
OWh~K'S Prot.ective continqent Liability
Insuranoe with the OWNER as named insured and
with the ENGZNEER as an additional named
insured and in amounts as specified for
COh~gACTOR'S Liability Insurance for personal
inj ury I inoluding' death, and for property
damage which shall be provided and paid for by
the CONTRACTOR. The policy shall be delivered
to the OWNER after its approval by the
ENGINEER.
SP-S.6
SP-5.6.1
Fropertv Insuranoe
Fire Insurance Ind Extended Coveraae. The
CONTRACTOR shall carry fire and extended
coverage insuranoe including also vandalism
and malicious coverage on the Work included in
this oontract. from the beginning of the Work
until tinal acceptance of the completed
project. The polioies shall cover all Work
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09/04/92 14:06
FAX 612 447 4245
CITY PRIOR LAKE
leJUU-i
incorporated in the Project and all Materials
for same on or about the premises. The
OWNER, ENGINEER, CONTRACTOR and all
Subcontractors ahall be named as co-insured as
their respective interests may appear. Use
the 'Icomplete Value" form.
The fire insuranoe need not be furnished
providea the CONTRACTOR does not ask for
payments of Ma~.rial s~orQd on the site. If
the CONTRACTOR expects to receive payment for
Material stored on the site, then he must
ca~~~ tire insurance and extended coverage in
the amount of 60' of the contract in order
that insurance protection will be provided
aqainst vandalism and malicious mischief.
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. BARRIER. .MlNIMUM 3Rt
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.: IIINIIIUII 2K CLAY SIll!
"PARTICLES.
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TYPICAL-EMBANKMENT SECTION
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4" CLASS 5 CRUSHf-D L.S.
APPROVED .SUBGRADE
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EAST-
FUTURE STREET SECTION
1 "OT INCLUDED IN THIS CONTRACT)
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SUBJECT: ENMlltM6Nr CItUJ J'LOPa,
DATE ~ REVISION ~ ADDENDUM NO. I
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. ~~ VALLEY EN~-,EERING CO., INC.
SUBJECT: RI,. (tAP FLtA NIL
DAII: !J"'.'~ REVISION~
ADDENDUM NO. J
(~3)
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SUBJECT: 1'It!JFIU OMtIt ~,. RCP
DATE .!J-fIt-'z. REVISION~~ ADDENDUM NO. ,
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SUBJECT: CURl 8<< E'LaVAr,_
DATE ~ REVISION ADDENDUM NO. J
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PROPOSAL FORM
Contractor's Name
Contractor's Phone
PRQm<;r IDEt. .....CATlON:
Projed No. 92-12
HoDy Circle Impoundlllent Structure
Prior Lake, ~n~
;BuJs..IQ..BH o.u:..uw:
Tuesday, September 1S, 1992
10:00 un., Local T'IDlC (CD.T.)
At the Prior Lake Oty Hall
4629 Dakota Street SA
Prior Lake, MN ~""~
THIS BuJ IUUBtm.. .r.u Tel;
aty of PriOl' Lake
4629 Dakota Street SA
Prior Lake, MN ssm
The undersigned has examined the Contract Documents, including the Instructions to Bidders, General Contract
Conditions, Form of Contract, Detailed Specifications, and Plans; is familiar with the site and location of the PROJECf,
the nature of work and local conditions affecting the cost of the work and hereby proposes to furnish all labor , materials
and equipment required for the complete construction of work described in strict accordance with all requirements of
the Contract Documents as follows:
Project Location: In the vicinity of Cates Street and Holly Circle, Prior Lake, Minnesota.
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11~ DESCRu'IION
NO.
UNITS QUMIII i
UNIT
PRICE
TOTALS
BASE BuJ : SCJtr.ulJLE 1- .)11n QRADING AND S~ULE 2 - STORM SE\\tr.t<. &. -.\.kUL. URES
SClt.twULE 1 - ~..~ GRADING:
1.01 Clearing and Grubbing
Including Disposal L.S. 1 $
1.02 Silt Fence L.F. 575 $
1.03 Common Excavation C.Y. 2000 $
1.04 Channel Excavation C.Y. 100 $
1.05 Muck Excavation and/or
Subgrade Correction C.Y. 1000 $
1.06 Impervious Clay Borrow C.Y. 800 $
1.07 Remove & Dispose
Existing Culvert L.S. 1 $
$
$
$
$
$
$
LCII
TO'I'~ SCltr.a.JUI..B 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
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ADDENDUM NO. 1
1
Valley BapDeerina Co., IDe.
Project No. 92>>1.
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~VLE 2 - STORM S~J:Y<.. ~lAlJ~....IRES;
2.01 6'x 4' Box Culvert Adjustable
Stop Log Flow Control Structure
including Bottom Slab, Top Slab,
Aluminum Hatch Door, Galvanized
Steel Trash Bars, Galvanized
Steel Channel Frame, Tubing,
Angles and Miscellaneous Hardware,
Manhole Steps, and Miscellaneous
Accessories as shown in Plans,
Complete in Place L.S. 1 $ $
2.02 36" RCP, Class 4, including Tie Rods L.F. 573 $ $
2.03 36" RCP Apron with
Galvanized Trash Guard EACH 1 $ $
2.04 12" D.I.P., CL 50 L.F. S $ $
2.05 12" Gate Valve EACH 1 $ $
2.06 Modified Precast Surge Basin
Inlet for 12" D .I.P. EACH 1 $ $
2.07 Reinforced Concrete Retaining
Walls including Footings S.F. 342 $ $
2.08 Grouted Rip Rap Stilling
Basin as Shown in Plans
including Falter Aggregate S.Y. 50 $ $
2.09 Grouted Rip Rap Inlet
Protection as Shown in Plans
including Falter Aggregate S.Y. 6 $ S
2.10 Grouted Rip Rap Overflow
Flume as shown in Plans
including Falter Aggregate S.Y. 54 $ $
2.11 3 - Rail Steel Pipe Railing
Complete in Place as
Shown in Plans L.F. 64 $ $
2.12 Crushed Rock Stabilizer TONS 50 $ $
2.13 Seed, Mulch and Fertilizer S.Y. 1000 $ $
2.14 Sod S.Y. 200 $ $
2..15 TOTAL SClIEDUI..E 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S
RBVISBD PROPOSAL FORM
ADDENDUM NO. 1
2
v.uey BDaiDeeriDa eo.. loe.
Project No. 93nl
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ALTERNAl~
Bidder agrees to add or deduct from the Base Bid sum the following amounts to perform the alternate work as
described in the plans and specifications, including all associated and incidental costs.
ALJ.eK.NATE NO. 1: Add Sanitaty Sw..wa &:'.Wlfermain Stubs as follows.
A-l.l Connect to Existing 8" D.I.P.
Sanitary Sewer Stub
Add/Deduct EACH 1 $ $
A-l.2 8" PVC, SDR 35 with Capped End
Add/Deduct L.F. 80 $ $
A-13 4" Thick High Density
Styrofoam Insulation
Add/Deduct S.F. 416 $ $
A-l.4 Connect to Existing 6" D.I.P.
Watermain Stub
Add/Deduct EACH 1 $ $
A-l.5 6" D.I.P. Class 52
Add/Deduct L.F. 80 $ $
A-l.6 4" Thick High Density
Styrofoam Insulation
Add/Deduct S.F. 356 $ $,
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A-l.7 6" Gate Valve
Add/Deduct EACH 1 $ $
A-l.B Fittings
Add/Deduct LBS. 300 $ $
TOTAL ALTERNATE NO.1 Add/Deduct $
ALTERNATE NO. 2: Add Standard Catch Basin and Lead as follm.~
A-21 Substitute 36" x 12" Precast Tee
Section for 36" Barrel Section
Add/Deduct EACH 1 $ $
A-2.2 Standard Catch Basin
Add/Deduct EACH 1 $ $
A-2.3 12" RCP, Class 5
Add/Deduct L.F. 11 $ $
TOTAL ALTERNATE NO.2 Add/Deduct $
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REVISED PR~. ~.llAL FORM
ADDBNDUM NO.1
3
Valley Baal ' ....!,'. eo.. lac.
L.; ... No. 92018
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JJIU S1JMMARY;
BASE Bw:
SCI1&uUI.E 1 - ~J. J. & GRADING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s
SClu:wUI.E 2 - STORM SEWER &. ~.Il\.U\..lURES...................
s
TOTAL BASE BID SClu:w~ 1 & 2 ...............................
s
ALTERNA.I~:
ALJ.J::!.RNA.I~ NO.1 - Add/Dedud . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .
s
ALJ.&I\.NA..I~ NO.2 - Add/Dedud . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . .
s
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Bidder acknowledges receipt of the following agenda:
1. Dated
2. Dated
REVISED PROPOSAL FORM
ADDENDUM NO. 1
4
Valley EnaJDeeriDI Co., lac.
'.j.. No. 921011
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It is understood by the undersigned that the right is reserved by the OWNER to accept or reject any or all bids, to award
the contract for anyone Schedule separately or in combination, or to waive irregularities and formalities in order to serve
the best interests of the OWNER. This bid may not be withdrawn until sixty (60) days after the date of opening. If this
bid is accepted, the undersigned agrees to promptly furnish a performance bond, payment bond, and insurance certificates
in the full amount of the Contract Award and to execute the form of Contract included in the Specifications within ten
(10) days of the contract award and further agrees that if awarded a contract for construction, the work will be
commenced promptly and will be completed no later than the schedule provided in the Supplementary Instructions to
Bidders.
(An Individual)
Bidder being (A Corporation) State of Incorporation
(A Partnership) State of Partnership
Name of Contractor
Address (Street or P.O. Box)
City
Zip
State
( )
Telephone Number
REVISED PR,...,.:....tAL FORM
ADDBNDUM NO. 1
Respectfully submitted,
Contractor/Bidder
Submitted on
By
(Signature and Title)
President
Vice President
Secretary
Treasurer
5
, 1992
Valley Eql, .. i,\ . eo.. lDc.
Projed No. 92018
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PROJELT
CO~TKACT DOCUMENTS
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AND
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SPECIAL PROVISIONS
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FOR
-
CITY PROJELI NO. 92-12
-
HOLLY CIRCLE IMPOUNDMENT STRUCTURE
r-
PRIOR LAKE, MINNESOTA
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Prepared by:
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VALLEY ENGINEERING CO., INC.
7301 OHMS LANE, SUITE 500
MINNEAPOLIS, MN 55439
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TABLE OF CONTENTS
PROJECT NO. 92-12
HOLLY CIRCLE IMPOUNDMENT i3J.ft.U"'J.uRE
PRIOR LAKE, MINNESOTA
BID INVITATION
CERTIFICATION PAGE
BIDDING REQUIREMENTS
Document 00100 - Instructions to Bidders
Supplementary Instructions to Bidders
Geotechnical Data
Proposal Form
Document 00500 - Agreement Form
Document 00610 - Form of Payment Bond
Document 00620 - Form of Performance Bond
Notice of Award Form
Notice to Proceed Form
DMSION 1 - GENERAL CONDITIONS OF THE CONTRACT
Standard General Conditions of the Construction Contract
Document 00800 Supplementary Conditions
Special Conditions General
DMSION 2 - TECHNICAL CONDITIONS OF THE CONTRACf
City of Prior Lake Engineering Guidelines (Special Conditions Technical) and Standard Plates.
Supplemental Special Conditions Technical
Drawings, Sheets 1 thru 5
C.EA.M. Standard Utilities Specifications
On rue w jEngineer
MnDOT Standard Specifications for Highway Construction
On rue w /Engineer
THIS DOCUMENT CONTAINS ALL ITEMS AND PAGES LISTED
UNDER THE TABLE OF CONTENTS ABOVE. IT IS THE BIDDER'S
RESPONSIBILITY TO VERIFY THAT ALL NECESSARY PAGES ARE
INCLUDED IN THIS DOCUMENT PRIOR TO SUBMll 1 u-lG BID.
TABLE OF "",....il,..:..m
1
Valley Ell.:.. .....J Co.loc:.
Project No. 92018
ADVERTISEMENT FOR BIDS
HOLLY CIRCLE IMPOUNDMENT STRUCTURE
CITY PROJECT NO. 92-12
BIDS CLOSE SEPTEMBER 15, 1992
PRIOR LAKE, MINNESOTA
NOTICE IS HEREBY GIVEN that sealed ~roposals will be received by
the City Council of the city of Pr10r Lake, Minnesota at the
Prior Lake city Hall located at 4629 Dakota Street S.E., Prior
Lake, Minnesota 55372 until 10:00 A.M. on Tuesday, the 15th day
of september, 1992, and will be publicly opened at said time and
place by two or more designated officers or agents of the City of
Prior Lake, said proposals for the furnishing of all labor and
materials for the construction, complete in place of the
following:
Maior Items
Embankment Construction
36" RCP
12" D.I.P.
12" Gate Valve
6' x 4' Precast Concrete
Box Adjustable stop Log
Flow Control structure
Reinforced Concrete Retaining Walls
pipe Handrail
Rip Rap stilling Basin & Flume
Turf Establishment
5,200 C.Y.
85 L.F.
6 L.F.
1 EACH
1 EACH
1 EACH
345 S.F.
64 L. F.
135 S.Y.
0.3 ACRE
Plans and specifications, proposal forms and contract documents
may be seen at the office of the city Engineer, Prior Lake,
Minnesota and at the office of the Consulting Engineer, Valley
Engineering Company, 7301 Ohms Lane, suite 500, Minneapolis,
Minnesota 55439
No bids will be considered unless sealed and accompanied by a
bidder's bond naming the City of Prior Lake as obligee, certified
check payable to the City Manager of the city of Prior Lake or a
cash deposit equal to at least five percent (5%) of the amount of
the bid, which shall be returned or forfeited as set forth in the
Information for Bidders.
The council reserves the right to retain the deposits of
three lowest bidders for a period not to exceed sixtr (60)
after the date and the time set for the opening of b1ds. No
may be withdrawn for a ~eriod of sixty (60) days after the
and time set for the open1ng of bids.
Contractors desiring a copy of the plans and specifications and
pro~osal forms may obtain them from the office of the City
Eng1neer, upon pa~ent of $25.00 (refundable upon return of the
materials in a cond1tion satisfactory for reuse.
the
days
bids
date
-------,._---_...._-'~.-.~~_._._.._-_.,."--"
The Council reserves the right to reject any and all bids, waive
irregularities and informalities therein and further reserves the
right to award the contract for the best interests of the city.
By order of the Prior Lake City Council this 17th day of August,
1992.
To be published in the Construction Bulletin on August 21st and
August 28th, 1992.
To be published in the Prior Lake American on August 24th and
August 31st, 1992.
PROJECf
CONTRACf DOCUMENTS
AND
SPECIAL PROVISIONS
FOR
CITY PROJECf NO. 92-12
HOLLY CIRCLE IMPOUNDMENT STRUl.,l tTRE
PRIOR LAKE, MINNESOTA
August 14, 1992
I hereby certify that this plan, specification or report was prepared by me or under my direct
supervision and that I am duly ~egiste d prOfeSSion~E gineer under State of Minnesota
Statutes SeW.... 32h.02 to 32h.l6. I);
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Date: 8 -11-9~ Minn. Reg. No. 11052
DOCUMENT 00100
INSTRUCTIONS TO BIDDERS
1. DEFINED TERMS:
Terms used in these Instructions to Bidders which are defined
in the Standard General Conditions or the Supplementary
Conditions have the meanings assigned to them in the General
Conditions or Supplementary Conditions. The term "Successful
Bidder" means the lowest, qualified, responsible Bidder to
whom OWNER {on the basis of OWNER'S evaluation as hereinafter
provided) g1ves Notice of Award.
2. COPIES OF BIDDING DOCUMENTS:
2.1 Complete sets of the Biddin9 Documents in the number and
for the deposit sum stated 1n the Advertisement for Bids
may be obtained from the City of Prior Lake Engineering
Department, 4629 Dakota Street, S.E. Prior Lake,
Minnesota 55372. The deposit will be refunded to
Bidders who submit a bona fide Bid and return the
Biddin9 Documents to the ENGINEER or OWNER in 900d
condit1on within fifteen dafs after openin9 of B1ds.
Bidding Documents are on f1le at the off1ce of the
OWNER, for review during normal working hours.
2.2 complete sets of Bidding Documents shall be used in
preparing Bids; neither OWNER nor ENGINEER assume any
responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding
Documents.
2.3 OWNER and ENGINEER in making copies of 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.
3. QUALIFICATIONS OF BIDDERS:
To demonstrate qualifications to perform the Work, each
Bidder must be pre~ared to submit within five days of OWNER'S
request written eV1dence of financial data, and previous
experience. Each Bid must contain evidence of Bidder's
9Ualification to do business in the State where the Project
1S located, or covenant to obtain such qualification prior to
Notice of Award.
4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE:
4.1
Before SUbmitting a Bid, each Bidder must (a)
the Contract Documents thoroughly, {b) visit the
familiarize himself with local cond1tions that
any manner affect cost, progress, or performance
examine
site to
may in
of the
I.B.l
Work, (c) familiarize himself with federal, state and
local laws, ordinances, rules and regulations that may
in any manner affect cost, progress or performance of
the Work{ and ~d) study and carefully correlate Bidder's
observat1ons w1th the Contract Documents.
4.2 Reference is made to the supplementary Conditions for
the identification of those reports of investigations
and tests of subsurface and latent physical conditions
at the site or otherwise affecting cost, progress or
performance of the Work which have been relied upon by
ENGINEER in preparing the Drawings and Specifications.
Copies of such reports are bound with the
Specifications. These reports are not guaranteed as to
accuracy or completeness, nor are the~ a ~art of the
Contract Documents. Before submitt1ng h1s Bid each
Bidder will, at his own expense, make such additional
investigations and tests as the Bidder may deem
necessary to determine his Bid for ~erformance of the
Work in accordance with the time, pr1ce and other terms
and conditions of the Contract Documents.
4.3 On request OWNER will provide each Bidder access to the
site to conduct such investigations and tests as each
Bidder deems necessary for submission of his Bid.
4.4 The lands upon which the Work is to be performed,
Rights-of-way for access thereto and other lands
designated for use by CONTRACTOR in performing the Work
are identified in Section 01011, "Location and
Description of Work".
4.5 The submission of a Bid will constitute an
incontrovertible representation by the Bidder that he
has complied with every requirement of this Article 4
and that the Contract Documents are sufficient in scope
and detail to indicate and convey understanding of all
terms and conditions for performance of the Work.
5. INTERPRETATIONS:
All questions about the meaning or intent of the Contract
Documents shall be submitted to ENGINEER in writing. Replies
will be issued by Addenda mailed or delivered to all parties
recorded by ENGINEER as having received the Bidding
Documents. Questions received less than four days prior to
the date for opening of Bids will not be answered. only
questions answered by formal written Addenda will be binding.
Oral and other interpretations or clarifications will be
without legal effect.
I.B.2
1T
6. BID SECURITY:
6.1 Bid security shall be made payable to the OWNER, in an
amount of stated in the Advertisement for Bids of the
Bidder's maximum 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 5.1 of the
General Conditions.
6.2 The Bid Bonds of the Successful Bidder will be retained
until such Bidder has executed the Agreement and
furnished the required contract Bonds, whereupon it will
be returned; if the Successful Bidder fails to execute
and deliver the A~reement and furnish the required
contract Bonds with1n 15 days of the Notice of Award,
OWNER may annul the Notice of Award and the Bid Bond of
that Bidder will be forfeited. The Bid Bond of any
Bidder whom OWNER believes to have a reasonable chance
of receiving the the Notice of Award (generally the
second and third low Bidder) may be retained by OWNER
until the earlier of the seventh day after the
"effective date of the Agreement" (which term is defined
in the General Conditions) by OWNER to CONTRACTOR and
the re9Uired contract Bonds are furnished or the
sixty-f1rst day after the Bid opening. Bonds of other
Bidders will be returned within seven days of the Bid
opening.
7. CONTRACT TIME:
The number of days within which, or the date by which, the
Work is to be completed (the Contract Time) is set forth in
the Bid Proposal Form and will be included in the Special
Provisions.
8. LIQUIDATED DAMAGES:
provisions for liquidated damages, if any, are set forth in
the Special Provisions.
9. SUBSTITUTE MATERIAL AND EQUIPMENT:
The contract, if OWNER gives Notice of Award, will be on the
basis of material and e~ipment described in the Drawings or
specified in the Spec1fications without consideration of
\,ossible substitute or "or-equal" Items. Whenever it is
1ndicated in the Drawings or specified in the specifications
that a substitute or "or-equal" Item of material or equipment
may be furnished or used by CONTRACTOR if acceptable to
ENGIh~~, application for such acceptance will not be
considered by ENGINEER until after the "effective date of the
AgreeJIent". The procedure for submittal of any such
application by CONTRACTOR and consideration by ENGINEER is
I.B.3
set forth in paragraphs 6.7, 6.7.1 and 6.7.2 of the General
Conditions which may be supplemented in the General
Requirements/Special Provisions.
10. SUBCONTRACTORS. ETC.
10.1 If the Bid Proposal or supplementary Conditions require
the identity of certain Subcontractors and other persons
and organizations to be submitted to OWNER in advance of
the Notice of Award, the apparent Successful Bidder, and
any other Bidder so re~ested, will within seven days
after the day of the B1d opening submit to OWNER a list
of all subcontractors and other persons and
or9anizations (including those who are to furnish the
pr1ncipal Items of material and equipment) pro~osed for
those ~ortions of the Work as to wh1ch such
identif1cation is so required. Such list shall be
accompanied by an experience statement with ~ertinent
information as to similar projects and other eV1dence of
qualification for each such Subcontractor, person and
organization if requested by OWNER. If OWNER or
ENGINEER, after due investigation, has reasonable
objection to an~ proposed Subcontractor, other person or
organization, e1ther may, before giving the Notice of
Award, request the apparent Successful Bidder to submit
an acceptable substitute without an increase in Bid
price. If the apparent Successful Bidder declines to
make any such substitution, the OWNER will not give
Notice of Award to such Bidder, but his declining to
make any such substitution will not constitute grounds
for sacrificing his Bid Bond. Any subcontractor, other
person or organization so listed and to whom OWNER or
ENGINEER does not make written objection prior to the
giving of the Notice of Award will be deemed acceptable
to OWNER and ENGINEER.
10.2 In contracts where the Contract Price is on the basis of
cost-of-the-Work Plus a Fee, the apparent Successful
Bidder, prior to the Notice of Award shall identify in
writing to OWNER those portions of the Work that such
Bidder proposes to subcontract and after the Notice of
Award may only subcontract other portions of the Work
with OWNER'S written consent.
10.3 No CONTRACTOR shall be required to employ any
Subcontractor, other person or organization against whom
he has reasonable objection.
11. BID PROPOSAL FORM:
lLl
One Bid Proposal Form is
additional unbound copy is
requesting Contract Documents.
obtained from the ENGINEER.
attached hereto and an
provided to each Bidder
Additional copies may be
I.B.4
-,~-,+,--""-"---_....__..--_._._--'-_.._--~---_....,._'... ---_..._-,.._-,_._.."."._._..._.__..""_.""-_.,~-
11.2 Bid Proposal Forms must be completed in ink or by
typewriter. The bid price of each Item on the form must
be stated in words and numerals; in case of a conflict,
words will take precedence.
11.3 Bids by corporations must be executed in the corporate
name by the president or a vice-~resident (or other
corporate officer accompanied by eV1dence of authority
to sign) and the corporate seal must be affixed and
attested by the secretary or an assistant secretary.
The corporate address and state of incorporation shall
be shown below the signature.
11.4 Bids by partnerships must be executed in the partnership
name and be signed by a partner, whose title must appear
under the signature and the official address of the
partnership must be shown below the signature.
11.5 All names must be typed or printed below the signature.
11.6 The Bid shall contain an acknowledgement of recei~t of
all Addenda (the number of which shall be filled 1n on
the Bid Proposal Form).
11.7 The address to which communications regarding the Bid
are to be directed must be shown:
12. SUBMISSION OF BIDS:
12.1 Bids shall be submitted at the time and place indicated
in the Invitation to Bid or Advertisement for Bids and
shall be included in an opaque sealed envelope, marked
with the Project title and name and address of the
Bidder and accompanied by the Bid security and other
required documents. If the Bid is sent through the mail
or other delivery system, the sealed envelope shall be
enclosed in a separate envelope with the notation "BID
ENCLOSED" on the face thereof. Bids arriving at the
designated place after the designated time will be
returned to the Bidder unopened.
13. MODIFICATION AND WITHDRAWAL OF BIDS:
13.1 Bids may be modified or withdrawn by an appropriate
document duly executed (in the manner that a Bid must
be executed) and delivered to the place where Bids are
to be submitted at any time prior to the opening of
Bids.
13.2
If, within twenty-four hours after
Bidder files a duly signed written
promptly thereafter demonstrates
satisfaction of OWNER that there
Bids are opened, any
notice with OWNER and
to the reasonable
was a material and
I.B.5
.. 1[
substantial mistake in the preparation of his Bid, that
Bidder may withdraw his Bid and the Bid security will be
returned. Thereafter, that Bidder will be disqualified
from further Bidding on the Work.
14. OPENING OF BIDS:
14.1 When Bids are opened publicly they will
and an abstract of the amounts of the
major alternates (if any) will be made
the opening of Bids.
14.2 When Bids are opened private1~, an abstract of
amounts of the base Bids and maJor alternates (if
will be made available to Bidders within seven
after the date of Bid opening.
be read aloud
base Bids and
available after
the
any)
days
15. BIDS TO REMAIN OPEN:
All Bids shall remain open for sixt~ days after the day of
the Bid opening, but OWNER may, 1n his sole discretion,
release any Bid and return the Bid security prior to that
date.
16. AWARD OF CONTRACT:
16.1 OWNER reserves the right to reject any and all Bids, to
waive any and all informalities and to negotiate terms
of the Contract Documents with the Successful Bidder,
and the right to disregard all nonconforming,
non-responsive or conditional Bids. The quantities
shown on the Bid Proposal Form are estimated and are
furnished only as a basis to prepare a Bid and to
determine the lowest Bidder. The Bid price shall be
determined by multiplying the unit price bid per Item
times the estimated quantity per Item. The sum total of
all bid prices shall be the Contract Price and the basis
for determining the lowest Bid. Discrepancies between
words and figures in a unit ~rice bid will be resolved
to harmonize with the Bid ~r1ce. If neither the words
or figures in the unit pr1ce harmonize with the Bid
price, the words will be used as the unit price bid.
16.2 In evaluating Bids, OWNER shall consider the
qualifications of the Bidders, whether or not the Bids
comply with the ~rescribed re9Uirements, and alternates
and unit ~rices 1f requested 1n the Bid forms. It is
OWNER'S 1ntent to accept alternates (if an~ are
accepted) in the order in which they are listed 1n the
Bid pro~soal Form but OWNER may accept them in any order
or comb1nation.
I.B.6
.. ,,.
16.3 OWNER may consider the qualifications and experience of
Subcontractors and other persons and organizations
(including those who are to furnish the principal Items
of material or equipment) proposed for those portions of
the Work as to which the identity of Subcontractors and
other persons and organizations must be submitted as
provided in the Supplementary Conditions. Operating
costs, maintenance considerations, performance date and
guarantee of Materials and equipment may also be
considered by OWNER.
16.4 OWNER may conduct such investi~ations as he deems
necessary to assist in the evaluat10n of any Bid and to
establish the responsibility, qualifications and
financial ability of the Bidders, proposed
Subcontractors and other persons and organizations to do
the Work in accordance with the Contract Documents to
OWNER'S satisfaction within the prescribed time.
16.5 If the OWNER gives Notice of Award, it will be 9iven to
the lowest Bidder whose evaluation by OWNER ind1cates to
OWNER that the award will be in the best interests of
the Project.
16.6 The OWNER reserves the right to aCgept or reject any, or
all Bids, and also the right to wa1ve any formal defects
in Bids when deemed for the best interests of the OWNER.
Further, the OWNER reserves the right to accept a Bid
higher than the lowest Bid, if in the opinion of the
council, the public interest will be better served.
16.7 If the contract is awarded, OWNER will 9ive the
Successful Bidder a Notice of Award within s1xty days
after the day of the Bid opening or other specified
date.
17. PERFORMANCE AND OTHER BONDS:
Para9raph 5.1 of the General Conditions and the Supplementary
Cond1tions set forth OWNER'S requirements as to performance
and other Bonds. When the Successful Bidder delivers the
executed Agreement to OWNER, it shall be accompanied by the
required contract Bonds.
18. SIGNING OF AGREEMENT:
When OWNER gives a Notice of Award to the Successful Bidder,
it will be accompanied by at least three unsigned
counterparts of the Agreement and all other Contract
Documents. within fifteen days thereafter, CONTRACTOR shall
sign and deliver at least three counterparts of the Agreement
to OWNER with all other Contract Documents attached. within
ten days thereafter, OWNER will deliver all fully signed
I.B.7
.,
counterparts to CONTRACTOR. ENGINEER will identify those
portions of the Contract Documents not fully signed by OWNER
and CONTRACTOR and such identification shall be binding on
all parties.
19. SPECIAL LEGAL REQUIREMENTS:
19.1 Special Legal Re9Uirements, if any, will be included in
the Special Prov1sions.
I. B. 8
"
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS
Sll~ GRADING, SANITARY SEWER, WATERMAIN,
STORM SEWER & STREETS
PROJECT NO. 92-12
HOLLY CIRCLE IMPOUNDMENT STRUCTURE
PRIOR LAKE, MINNESOTA
The following supplements modify "Document 00100 - Instructions to Bidders". Where a portion of the
Instructions to Bidders is modified or deleted by these Supplementary Instructions, the unaltered portions of
"Document 00100 - Instructions to Bidders" shall remain in effect.
ARllCLES 1 throuQ.,J; No modifications.
ARllCLE 4 - EXAMINATION OF OONTRACf IX)Cl~ AND ~l.r.: Amend paragraph 4.2 as
follows. Copies of subsurface investigations and reports are included in this specification manual. The scope,
investigations and conditions of this information are summarized as follows.
A SCOPE
(1.) The information on soil data was obtained primarily for use in preparing the
recommendations regarding sewer,water and street construction for HoUy Court, Prior
Lake. However, each Contractor shall draw his own conclusions therefrom. No
responsibility is assumed by the Owner or the Engineer for subsoil quality or conditions.
B. INVESTIGATIONS
(1.) A subsurface investigation has been made and a report has been prepared by Allied
Test Drilling Co. The information provided is excerpted from this report.
(2.) The locations of the test borings are shown in the plans.
(3.) A copy of the excerpted logs of test borings follows these Supplementary Instructions.
c. CONDmONS
(1.) Boring information is provided in good faith solely for the purpose of placing each
Bidder in receipt of information available to the Owner, and each Bidder is responsible
for any conclusions which he draws therefrom, since the Owner does not guarantee
continuity of the conditions indicated at the boring locations.
(2.) Each Bidder is expected to make his own investigations, to examine the site and record
of the Owner's investigations, and then decide for himself the character of materials
to be encountered. Prior to bidding, Bidders may make their own subsurface
investigations to satisfy themselves as to site and subsurface conditions but each
subsurface investigations shall be performed only under arrangements approved in
advance by the Owner.
ARnCLE 5; No modifications.
ARllCLE 6: No modifications
SUPPU!MENTARY IN!ITRUcnONS TO BIDDERS (SIB)
1
Va1Ioy EDaU-riD& ~ IDe.
Pmject No. 92018
I II
t.RTI~c;r TIME: Amend Article 7 (Contract Time) as follows. All work described in the
contract documelll5 shall be completed in accordance with the following schedule:
DESCRu ....ON OF WORK
.,.... e A V AnABLE
WORK SUBSTANI'IAlL Y
COMPLr..1 GlJ
')11~ GRADING
September 22, 1992.
October 16, 1992
STORM SEWER
Immediately upon
completion of
Site Grading.
October 16, 1992
Completion dates shown are the LATEST possible. The Contractor shall submit a written schedule that provides
for earlier completion dates with the Bid. The Owner will consider the schedule in awarding the contract.
· Starting date shown is subject to receipt of all necessary permits for the work.
The Notice to Proceed shall be as early as possible in accordance with the schedules submitted.
The Owner reserves the right to enforce compliance with the Contractor's written schedule in order to meet the
completion dates.
ARTICLE 8 - LIOUlDATED DAMAGES: Revise Article 8 (Liquidated Damages) as follows. A sum in the
amount of one hundred twenty-five ($125.00) shall be retained from the amount of compensation due the
contractor for each calendar day beyond the completion date listed under contract time that any work described
in the contract documents remains uncompleted. This amount will be assessed not as a penalty but as the
liquidated damage, assessed in accordance with the assessment schedule provided in MnDOT Specification 1807,
that will be sustained by the Owner.
ARTICLES 9 11IROUGH 19: No modifications.
ARTICLE 20 - ALl r.KNA TES: Add "Article 20 - Alternates" as follows.
A. This Article describes the limits of the requested alternates to the Contract Work. Refer to the
Product/Execution Articles of the appropriate Specifications and the Drawings for information
pertaining to the work of each alternate.
B. Each proposal under an alternate shall include all incidental work and all adjustments necessary
to accommodate the changes. All work shall meet the requirements of the Drawings,
Specifications and appropriate details.
C. Bidder shall submit each alternate proposal as an individual cost for the particular alternate.
Each alternate shall be proposed under the premise that no other alternates have been accepted.
Should the work of an alternate called for by the Bid Form not affect the cost of the work, state
~o Change" in the space provided.
D. Bidder shall include taxes which are applicable to work involved in alternates as well as costs,
if any, for increased coverage of bonds and insurance.
E. Any of the alternates may be accepted by Owner and will be used in determining the low
bidder.
F. Owner may, at his option, vary the scope of the work by authorizing alternates which will add
to the work, deduct from the work or substitute materials, equipment or methods.
G. Each Bidder shall examine the Drawings and Specifications to determine the extent to which
his work is affected by bid alternates. Include in the space provided on the bid form the cost
of any added or deducted work resulting from each alternate.
H. Successful Bidder is responsible for providing work if applicable to each alternate, whether or
not an added or deducted cost is included on his bid form.
SUPPU!MENI'ARY 1NS11tlA.,,~.,S TO BIDDERS (SIB)
2
VoIky EDaU>eeriD& Co. I"",
ProjecI No, 92018
I II
I. If the Owner elects to proceed on the basis of one or more of the alternates, the Contractor
shall make all modifications to the Work required in the furnishing and installation of the
selected alternate or alternates to the approval of the Engineer at no additional cost to the
Owner, except as proposed in the Bid.
END OF SUPPLEMENTARY INSTRUCTIONS
SUPPLEMENTARY INSTRUCI10NS TO BIDDERS (SIB)
3
valley EoaU-riDa Co., IDC.
Projecl No, 92018
HOLLY (,OUR.,
ALLIED TEST DRILLING COMPANY
~;.~ I- ~Kf
PROJECT: 91034 HOLLY CIRCLE. HOLLY COURT. 5hskcune. Minn
LOG OF BORING NO: 1
DEPTH SURFACE ELEVATION: 95.5
IN
FEET / DESCRIPTION AND CLASSIFICATION
Fill (to Be Removed)
GEOLOGY
N WB
SAMPLE
, TYPE R
Y 1 FA
LAB . OTHER TESTS
W -DEN - L.L.'
P.L
1-
2-
3-
4-
5-
b Gray SILT, Trace Rock, Saturatej
Y 2 SS
7-
1/2/1/1 3
1
B-
Y 3 55
a-
WH/WH/1/1 1
1
10-
Y 4 55
11-
WH/WH/WH/1 ll'J
1
12-
13
Gray COARSE SAND AND GRAVEL.
14- Saturated
7/5/5/6
Y 5 SS
10 8
15-
16-
17-
18-
Y 6 SS
11-
15/10/7/4 17
10
20-
End of Boring - No Refusal
21- Bore hole backfilled with
native cuttings.
WATER LEVEL MEASUREMENTS
DRILLING DATA
DATE
TIME
SAMPLED
DEPTH
20'
CASING
DEPTH
18'
CAVE"N
DEPTH
8'
DRILLING
MUD LEVEL
NA
WATER
LEVEL
3'4"
Crew Chief: KN + M J
Method: 7W' Hollow-$tem Auger (3%" ID~
& Split-Barrel Sampler
4-26
11: 5S
Boring Completed:
A pr i 1 26, 1991
ALLIED TEST DRILLING COMPANY
PROJECT: 91034
~h.~ 1.4~<
HOLLY CIRCLE, HOLLY COURT, ,,___, Minn
LOG OF BORING NO:
DEPTH SURFACE ELEVATION: 9S. 9
IN
FEET / DESCAI~TION AND CLASSIFICATION
Brown CLAY LOAM, Saturated
2
SAMPLE
LAB .. OTHER TESTS
W -DEN - L.L,'
".L
GEOLOGY
N wa.
. TYPE A
Y 1
FA
1-
2-
3-
4l-
5-
6" Black ORGAN I C PEA TY LOAM,
Saturated
7-
-
Y 2
8-
9-
10-
11-
12-
Gray SILTY SAND AND GRAVEL
Y 3
13-
14-
15-
16-
17-
18-
18-
20-
~nd of Boring - No Refusal
21- Bore hole backfilled with
native cuttings.
DATE
TillE
SAMPLED CASING CAVE-IN DRILLING WATER
DEPTH DEPTH DEPTH MUD LEVEL LEVEL
DRILLING DATA
KN + MJ
WATER LEVEL MEASUREMENTS
Crew Chief:
4-29
..
20'
N~
7' 10"
NA
3'6"
Method: 4" Power Flight Auger
1 Boring Completed Apr i 1 29, 1991
r 11
ALLIED TEST DRILLING COMPANY
PROJECT: 91034
"Pei. ~ I.It~E
HOLLY CIRCLE, HOLLY COURT, ~_' . __, Minn
DEPTH
IN
FEET
LOG OF BORING NO:
SURFACE ELEVATION: 9S. 4
/ DESCRIPTION AND CLASSIFICATION
Brown CLAY LOAM
3
GEOLOGY
N WB
SAMPLE
, TYPE R
,
LAB a OTHER TESTS
W 'DEN' L.L.'
P.L
y
FA
1-
2-
3-
4-
5-
6'
Black ORGANIC PEATY LOAM,
7- Saturated
Y 2
8-
e-
10-
11-
12
Gray MEDIUM COARSE SAND AND
13- GRAVEL, Saturated
Y 3
14-
15-
16-
17-
18-
18-
20 End of Boring - No Refusal
21- Bor~ hole b~ckfilled with
natIve cuttIngs.
-
WATER LEVEL MEASUREMENTS
DRILLING DATA
4-29
am
NA
CAVE"N
DEPTH
7' 10"
DRILLING WATER
MUD LEVEL LEVEL
NA 3'4"
Crew Chief: KN + MJ
Method: 4" Power Flight Auger
DATE
TIME
SAMPLED
DEPnt
20'
CASING
DEPTH
Boring Completed A or i 1 29. 1991
PROPOSAL FORM
Contractor's Name
Contractor's Phone
PR(lJECT IDe..lU'lCATION:
Project No. 92-12
HoDy Circle Impoundment Stru..J._..
Pm Lake; p.r.n~
BIDS TO BE OPENED;
Tuesday, September 15, 1992
10:00 a.m., Local Tune (CD.T.)
At the Prior Lake City Hall
4629 Dakota &.....~ S.E.
Prior Lake, MN ssm
TIllS BID IS SUBtdt 1 1 r.u 1'0:,
City of Prior Lake
4629 Dakota Street S.E.
PriOl" Lake; MN Ss:rTl
The undersigned has examined the Contract Documents, including the Instructions to Bidders, General Contract
Conditions, Form of Contract, Detailed Specifications, and Plans; is familiar with the site and location of the PROJECT,
the nature of work and local conditions affecting the cost of the work and hereby proposes to furnish all labor, materials
and equipment required for the complete construction of work described in strict accordance with all requirements of
the Contract Documents as follows:
Project Location: In the vicinity of Cates Street and Holly Circle, Prior Lake, Minnesota.
11 eM DESCRIPTION
NO.
UNITS QUMlll i
UNIT
PRICE
TOTALS
BASE BID : SCHEDULE 1 - ~ll r. GRADING AND SCHEDULE 2 - STORM SEWER &. STRUCflJRES
SCHEDULE 1 - ~ll r. GRADING:
1.01 Clearing and Grubbing
Including Disposal L.S. 1 $
1.02 Silt Fence L.F. 575 $
1.03 Common Excavation C.Y. 2000 $
1.04 Channel Excavation C.Y. 100 $
1.05 Muck Excavation and/or
Subgrade Correction C.Y. 1000 $
1.()6 Impervious Clay Borrow C.Y. 800 $
1.07 Remove & Dispose
Existing Culvert L.S. 1 $
1.08 TOTAL SCIIED~ 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$
$
$
$
$
$
$
S
PROPOSAL FORM
1
Valley 1lD&i. ...".. Co. h.c.
Projec:t No, 92018
SCh.~...h.nE 2 - ~ J.uRM SEWER &. STRUcruRES;
2.Ol 6'x 4' Box Culvert Adjustable
Stop Log Flow Control Structure
including Bottom Slab, Top Slab,
Aluminum Hatch Door, Galvanized
Steel Trash Bars, Galvanized
Steel Channel Frame, Tubing,
Angles and Miscellaneous Hardware,
Manhole Steps, and Miscellaneous
Accessories as shown in Plans,
Complete in Place L.S. 1 $ $
2.02 36" RCP, Class 4, including Tie Rods L.F. 573 $ $
2.03 36" RCP Apron with
Galvanized Trash Guard EACH 1 $ $
2.04 12" OJ.P., Cl. 50 L.F. 8 $ $
2.05 12" Gate Valve EACH 1 $ $
~ Modified Precast Surge Basin
Inlet for 12" O.I.P. EACH 1 $ $
2JT1 Reinforced Concrete Retaining
Walls including Footings S.F. 342 $ $
2M Grouted Rip Rap Stilling
Basin as Shown in Plans
including Filter Aggregate S.Y. 50 $ $
2.09 Grouted Rip Rap Inlet
Protection as Shown in Plans
including Filter Aggregate S.Y. 6 $ $
210 Grouted Rip Rap Overflow
Flume as shown in Plans
including Fllter Aggregate S.Y. 78 $ $
211 3 - Rail Steel Pipe Railing
Complete in Place as
Shown in Plans L.F. 64 $ $
212 Crushed Rock Stabilizer TONS 50 $ $.
213 Seed, Mulch and Fertilizer S.Y. 1000 $ $
214 Sod S.Y. 200 $ $
US IVIAL SClIEDurn 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. S
PROPOSAL FORM
2
Va1ky EnJiDeeriDa Co. I"",
Projccl No. 92018
I II
ALl c.~TES
Bidder agrees to add or deduct from the Base Bid sum the fonowing amounts to perform the alternate work as
described in the plans and specifications, including all associated and incidental costs.
ALl c.~TE NO. ~ Ad4...Slnitarv $ewer &. Watermain S1Ybi.R fonows,
A-1.1 CoDDCCl to Existing 8" DJ.P.
Sanitary Sewer Stub
AddfDeducl EACH 1 $ $
A-1.2 8" PVC, SDR 35 with Capped End
AddfDeduct L.F. 80 $ $
A-1.3 4" Thick High Density
Styrofoam Insulation
AddfDeduct S.F. 416 $ $
A-1.4 CoDDCCl to Existing 6" DJ.P.
Watermain Stub
AddfDeducl EACH 1 $ $
A-1.5 6" DJ.P. Class 52
AddfDeduct L.F. 80 $ $
A-1.6 4" Thick High Density
Styrofoam Insulation
AddfDeducl S.F. 356 $ $
A-1.7 6" Gale Valve
AddfDeducl EACH 1 $ $
A-1.8 Fillings
AddfDeducl LBS. 300 $ $
TOTAL ALTERNATE NO.1 Add/Deduct $
ALn~.KNATE NO. 2: A-:fd Sta,n-:la.rd Qttr.h Ba~in and Lead as follows,
A-2.1 Substitute 36" x 12" Precast Tee
Sectioo for 36" Barrel Section
AddfDeducl EACH 1 $ $
A-2.2 Standard Catch Basin
AddfDeducl EACH 1 $ $
A-23 12" Rep, Class 5
AddfDeduct L.F. 11 $ $
TOTAL ALlr.KNATE NO.2 Add/Deduct $
PROPOSAL RlRM
3
Valley &peeriDa eo.. IDC.
Projecl No, 92018
.--.-.....,...-,.r-
BID SUMMARY;
BASE BID:
SOIEDUL.E 1 - ~. & GRADING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s
SCHEDUL.E 2 - .,.unM SEWER. &: STRUcruRES........... . .. . . .. .
s.
'fO'fAL BASE BID saIED~ 1 &: 2 ...............................
s
ALl~TES:
ALl~1'E NO.1 - AddfDcduct . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . .
s
ALTERNA1'E NO.2 - AddfDeduct . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . .
s
Bidder acknowledges receipt of the following agenda:
1. Dated
2. Dated
"
4
Valley EnJiDeeriD& Co. ,""-
Pn>jecS No. 92018
PROPOSAL FORM
It is understood by the undersigned that the right is reserved by the OWNER to accept or reject any or all bids, to award
the contract for anyone Schedule separately or in combination, or to waive irregularities and formalities in order to serve
the best interests of the OWNER. This bid may not be withdrawn until sixty (60) days after the date of opening. If this
bid is accepted, the undersigned agrees to promptly furnish a performance bond, payment bond, and insurance certificates
in the fun amount of the Contract Award and to execute the form of Contract included in the Specifications within ten
(10) days of the contract award and further agrees that if awarded a contract for construction, the work will be
commenced promptly and will be completed no later than the schedule provided in the Supplementary Instructions to
Bidders.
Respectfully submitted,
Contractor/Bidder
Submitted on
, 1992
By
(Signature and Title)
(An Individual)
Bidder being (A Corporation) State of Incorporation
(A Partnership) State of Partnership
Name of Contractor
President
Address (Street or P.O. Box)
Vice President
City
State
Zip
Secretary
( )
Telephone Number
Treasurer
PROPOSAL FORM
5
Volley I!u&i" __""" Co. I"",
Projec:l No, 92018
DOCUMENT 00500
AGREEMENT
THIS AGREEMENT, made as of the
1992, by and between a
day of
"
of corporation, partnership,
their business name), a
state where incorporated or formed and
Minnesota general partnership, etc.),
"Contractor", and the city of Prior Lake,
corporation (hereinafter called the
referred to as the "city").
(name of contractor, i.e., name
all contracting individuals and
(name of
wne~ner a corporation,
hereinafter called the
a Minnesota municipal
"Owner" and sometimes
RECITALS
WHEREAS, Contractor has been selected by the Owner in
accordance with Minnesota law to provide materials, equipment and
labor necessary for construction and completion of certain
iaprovements as set forth herein, and
WHEREAS, Contractor has agreed to perform its obligations,
covenants and undertakings as contained herein in consideration
for payment as contained herein,
NOW, THEREFORE, in consideration of the mutual promises,
covenants and conditions as hereinafter set forth, the parties
agree as follows:
1. The Contractor agrees to provide all the materials,
equipment and labor necessary for the complete construction of
all the improvements, work and/or obligations of Contractor
(hereinafter referred to as "Work") as required by the drawings,
specifications, exhibits, conditions, covenants and agreements as
contained in the documents prepared by
for Project , collectively referred to
Documents", and to do everything required by
Documents previously furnished to the Contractor by
receipted for by the Contractor.
as "Contract
the Contract
the Owner and
2. The Contractor agrees that the Work contemplated by the
Contract Documents shall be entirely completed on or before
, 199
3. The Owner agrees to pay Contractor in current funds for
the performance of its obligations pursuant to the Contract
Documents the sum of
Dollars ($ ), sub~ect to the
additions and deductions as provided for in the spec1fications to
the Contract Documents and to make payments on account of the
~
,..
Contract Documents as provided for in said specifications, except
as hereinafter stated:
4. The Contractor and the Owner agree that the Contract
Documents, including but not limited to the specifications,
drawings, standard ~eneral conditions, instructions to bidder,
supplementary cond~tions, special provisions, standard utility
specifications, if an~, and Contractor bids, and such other
~rovisions as conta~ned in the Contract Documents, are
~ncorporated herein by reference and are a part of this Agreement
as if attached or re~eated herein. with respect to the drawings
and specifications wh~ch are part of the Contract Documents, the
Contractor and Owner agree that the followin~ shall constitute a
complete list of said drawings and specificat~ons:
specifications:
Drawings:
5. Prior to execution of this Agreement, the Contractor
shall furnish to the Owner for review by the City Engineer and/or
City Attorney all bid bonds, performance bonds, letters of credit,
insurance certificates, evidence of insurance in final form, as
required by the Contract Documents. In addition, prior to
execution of this Agreement, the Contractor, if a partnership or
corporation, shall furnish to the City Engineer and/or City
Attorney such resolutions, opinions of counsel, or evidence of
authority required to ensure that the Contractor upon its
execution of this Agreement, shall be fully bound by its terms.
6. contractor Representations. Contractor represents and
warrants that neither the execution and delivery of this
Agreement, consummation of the transactions contemplated hereby,
nor the fulfillment of or a compliance with the terms and
conditions of this Agreement is prevented or limited by, or in
conflict with or will result in breach of, the terms, conditions
or provisions of any restriction of Contractor, or evidence of
indebtedness, agreement or instrument of whatever nature to which
Contractor is now party or by which it is bound or will
constitute a default under any of the foregoing. Contractor
further represents and warrants that Contractor will cooperate
with the OWner with respect to any litigation commenced with
respect to the Work contemplated herein. Contractor represents
and warrants that the Work will conform to all laws, regulations
and ordinances of all local, state and federal government
authorities.
11
7. Non-Discrimination. The provisions of Minnesota
statutes, Section 181.59, and of Chapter 11, Title 1, of Prior
Lake City Code, which relate to civil rights and discrimination
and affirmative action shall be considered a part of this
Agreement as though wholly set forth herein, and Contractor
agrees to comply therewith. In addition, Contractor specifically
agrees:
a.
That with
conducted
A<Jreement,
wl.thin the
subject to
respect to any and all
or acts performed pursuant
Contractor shall be deemed an
meaning of Chapter 11 and
the provisions of Chapter 11.
businesses
to this
employer
shall be
b. That in the event Contractor fails to perform the
aforesaid contractual provisions of Chapter 11,
this Agreement may forthwith be terminated and
cancelled in whole or in part by Owner and
Contractor shall be liable for any costs or expense
incurred by Owner in obtaining from other sources
the Work and services to be rendered or ~erformed
or the goods or properties to be furnl.shed or
delivered to Owner under this Agreement so
terminated or cancelled.
c. That should Owner in a proceeding brought as
provided in Chapter 11 find that Contractor has
engaged in discrimination in connection with this
Agreement and issue a cease and desist order with
respect thereto, Owner shall uphold up to 15% of
the said contract price, if applicable, until such
time as Owner's order has been complied with or
said other contracting party has been adjudicated
not guilty of such discrimination.
d. That Contractor will permit access to any and all
records pertaining to hiring and employment and to
other pertinent data and records for the purpose of
enablin<J Owner, its agencies or representatives, to
ascertal.n compliance with the provisions of Chapter
11 applicable to Contractor.
e.
all
8.
That Chapter 11 shall be binding on
contractors, subcontractors, or suppliers.
Assignment. Contractor represents and agrees for
itself, its successors and assigns that Contractor has
not made or created and that it will not make or create
or suffer to be made or created any total or partial
sale, assignment, conveyance or any trust or power to
transfer in any other mode or form of or with respect to
this Agreement or any part thereof or interest therein
or in Contractor without the prior written approval of
Owner.
.. ..,.
9. General.
The terms and provisions hereof shall be
upon and inure to the benefit of the
representatives, successors and assigns
parties hereto.
b. Whenever in this A9reement it shall be required or
permitted that not1ce or demand be given or served
by either party to this Agreement to or on the
other party, such notice shall be delivered
personally or mailed by united states mail to the
addresses hereinafter set forth by certified mail
(return receipt requested). Such notice or demand
shall be deemed timely 9iven when delivered
personally or when depos1ted in the mail in
accordance with the above. The address of the
parties hereto are as follows, until changed by
notice given as above:
binding
heirs,
of the
a.
If to the Owner:
City Engineer
4629 Dakota street S.E.
Prior Lake, MN. 55372
Glenn R. Kessel, Esq.
Lommen, Nelson, Cole, & Stageberg, P.A.
1100 TCF Tower
Minneapolis, MN. 55402
with a copy to:
If to Contractor:
With a copy to:
c. Except as otherwise provided in this Agreement, the
rights and remedies of the parties to this
Agreement, whether provided by law or bf this
A9reement shall be cumulative, and the exerC1se by
e1ther party of anyone or more of such remedies
shall not preclude the exercise by it, at the same
or different times, of any other such remedies for
the same default or breach or of any of its
remedies for any other default or breach or of any
of its remedies for any other default or breach by
the other party. No waiver made by either such
party with respect to the performance, or manner of
time thereof, or any obligation under this
A9reement shall be considered a waiver of any
r1ghts of the party making the waiver with respect
to the particular obligation of the other party or
condition to its own obligation beyond those
expressly waived in writing and to the extent
thereof, or a waiver in any respect in re9ard to
any other rights of the party making the wa1ver of
any other obligation of the other party. Delay by
a party hereto in instituting or prosecuting any
cause of action or claim hereunder shall not be
deemed a waiver of any rights hereunder.
d. This Agreement may be amended by the ~arties hereto
only by written instrument executed 1n accordance
with the same procedures and formality followed for
the execution of this Agreement.
e.
This Agreement may be simultaneously executed
several counterparts, each of which shall be
original and all of which shall constitute one
the same instrument.
in
an
and
IN WITNESS WHEREOF, Owner and Contractor have caused
this Agreement to be duly executed on the day and year
first above written.
Approved by the City Council
, 1992 .
on the
day
of
CITY OF PRIOR LAKE
By
Its Mayor
By
Its City Manager
CONTRACTOR:
By
Its
By
Its
Approved as to form:
I II
DOCUMENT 00610
FORM OF PAYMENT BOND
KNOW ALL MEN: That we
hereinafter called the Principal, and
and
hereinafter called the Surety, or Sureties, are
firmly bound unto
held
and
hereinafter called the OWNERS, and to such persons, firms and
corporations who may furnish Materials for, or ~erform labor on
the Work, building or improvements, contemplated 1n the contract
hereinafter mentioned, in the sum of
Dollars ($_
)
for the payment whereof the Principal and surety, or Sureties,
bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these
presents:
WHEREAS, the Principal has by means of a written Agreement dated
entered into a contract with the OWNER for
a copy of which Agreement is by reference made a part hereof.
NOW, THEREFORE, the conditions of this obligation are such that
if the Principal shall faithfully perform the contract on his
part, and satisfy all claims and demands incurred for the same
and shall fully indemnify and save harmless the OWNER from all
costs and damage which he may suffer by reason of failure so to
do and shall fully reimburse and repay the OWNER all outlay and
expense which the OWNER may incur in making good any such default
and shall proapt1r make payment to all persons supp1ring labor or
material for use 1n the prosecution of the Work prov1ded for in
such contract, then this obligation shall be null and void:
otherwise it shall remain in full force and effect.
If
AND PROVIDED, that any alterations which may be made in the terms
of the contract, or in the Work to be done under it, or the
giving by the OWNER of any extension of time for the performance
of the contract, or any other forebearance on the part of either
the OWNER or the Principal to the other shall not in any way
release the princi~al and the Surety, or Sureties, or either or
any of them, the1r heirs, executors, administrators, successors
or assigns from their liability hereunder, notice to Surety, or
Sureties, of any such alteration, extension or forebearance being
hereby waived.
This Bond is made for the use and benefit of all persons, firms,
and corporations who may furnish any material or perform any
labor for or on account of said Work, building or improvements
and the~ and each of them are hereby made Obilgees hereunder the
same as 1f their own proper names were written herein as such,
and they and each of them may sue herein.
Signed and Sealed this day of 19
In the presence of:
)
) as to
.)
)
) as to
.)
)
) as to
.)
(SEAL)
(SEAL)
(SEAL)
countersigned
by
Attorney-ln-fact
I Il
DOCUMENT 00620
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that
(Here insert the name and address or legal title of the
CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and
(Here insert the legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound
unto
(Here insert the name and address or legal title of the OWNER) ,
as obligee, hereinafter called OWNER, in the
amount of Dollars ($ ) for the ~ayment hereof
CONTRACTOR and Surety bind themselves, their he1rs, executors,
administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, CONTRACTOR has by written Agreement, dated
19 entered into a contract with OWNER for
(Here insert full name and title)
which contract is by reference made a part hereof, and is
hereinafter referred to as the contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if
CONTRACTOR shall promptly and faithfully perform said contract,
then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
a. The surety hereby waives notice of any alteration or
extension of time made by the OWNER.
b.
Whenever CONTRACTOR shall be, and declared by OWNER
default under the contract, the OWNER having
OWNER'S obligations thereunder, the Surety may
remedy the default, or shall promptly:
1. Complete the contract in accordance with its terms and
conditions, or
to be in
performed
promptly
2. Obtain a Bid or Bids for submission to OWNER for
completing the contract in accordance with its terms and
conditions, and upon determination by OWNER and Surety
of the lowest responsible Bidder, arrange for a contract
between such Bidder and OWNER, and make available as
Work progresses (even though there should be a default
or a succession of defaults under the contract or
contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the
balance of the Contract Price; but not exceeding,
includin9 other costs and damages for which the surety
aay be 11able hereunder, the amount set forth in the
first para<1raph hereof. The term "balance of the
Contract Pr1ce" as used in this paragraph, shall mean
the total amount payable by OWNER to CONTRACTOR under
the contract and any Written Amendments thereto, less
the amount properly paid by OWNER to CONTRACTOR.
c. Any suit under this Bond must be instituted before the
expiration of two (2) years from the date on which final
payment under the contract falls due.
d.
No right of action shall accrue on this Bond to
use of any person or corporation other than the
herein or the heirs, executors, administrators,
of OWNER.
or for the
OWNER named
or successors
SIGNED AND SEALED this
day of
A.D. 19
In the presence of:
(
(Principal
(
(
(Title
( SEAL)
(SEAL)
Witness
Witness
(
(Surety
(
(
Title
Countersigned
( SEAL)
by
Attorney-in-fact
I II
NonCE OF A WARD
Dated
,19
TO:
(BIDDER)
ADDRESS:
PROJECT
OWNER's CONTRACT NO.
CONTRACT FOR
(Insen name of Contract as it appears in the Bidding Documents)
You are notified that your Bid dated , 19 for the above Contract
has been considered. You are the apparent Successful Bidder and have been awarded a contract for
(Indicate total Work. alternates or sections or Work awarded)
The Contract Price of your contract ic:
Dollars ($ ).
[Insert appropriate data in re Unit Prices. Change language for Cost-Plus contracts.]
copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen days of the date of this Notice of
Award, that is by
, 199
I. You must deliver to the OWNER _ fully executed counterparts of the Agreement including all the
Contract Documents. This includes the triplicate sets of Drawings. Each of the Contract Documents must
bear your signature on (the cover) (every) page (pages ).
2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions
to Bidders (paragraph 18), General Conditions (paragraph 5.1) and Supplementary Conditions (paragraph
SC-5. I).
EJCDC No. 1910-22 (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America,
3. (List other conditions precedents).
Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in
default, to annul this Notice of Award and to declare your Bid Security forfeited.
Within ten days after you comply with the above conditions, OWNER will return to you one fully signed
counterpart of the Agreement with the Contract Documents attached.
(OWNER)
By:
(AUTHORIZED SIGNATURE)
(TITLE)
ACCEPTANCE OF AWARD
(CONTRACTOR)
By:
(AUTHORIZED SIGNATURE)
(TITLE)
(DATE)
COpy to ENGINEER
(Use Certified Mail,
Return Receipt Requested)
'T
NVIICE TO PROCEED
Dated
. 19
10:
(CONTRICIURI
ADDRESS:
PROJECf
OWNER's CONTRACf NO.
CONTRACf FOR
Iln-cn name of Contr..:t as it _on; in lhe Biddinc Documenlsl
You are notified that the Contract Times under the above contract will commence to run on
19 . By that date. you are to start performing your obligations under the Contract Documents. In
accordance with Article 3 of the Agreement the dates of Substantial Completion and completion and readiness for
final payment are . 19 and . 19
Before you may start any Work at the site. paragraph 2.7 of the General Conditions provides that you and
Owner must each deliver to the other (with copies to ENGINEER and other identified additional insureds)
certificates of insurance which each is required to purchase and maintain in accordance with the Contract
Documents.
Also before you may start any Work at the site. you must
(add other requirements)
tOWNERI
By:
IAUTHORIZED SIGNATURE)
(TITLE)
ACCEPTANCE OF AWARD
By:
(CONTRACTOR)
(AUTHORIZED SIGNATURE)
(TITLE)
(ll'.TE)
Copy to ENGINEER
(Use Certified Mail.
Return Receipt Requested)
FJCDC No. 1910-23 (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America,
This documenl has Importanl legal consequences; consultation wllh an allOmC) IS cncoura&ed Wllh
RSpect to its completion or modification.
STANDARD
GE~~RAL CONDIII0NS
OFI~
CONS IKUt; lION CO~ lKACT
,
Prepared by
Engineers Joint Contract Documents Committee
and'
Issued and Published Jointly By
NATIONAL
~OCIETY OF
PROfE~~IONAl
ENGINEER~
fO,"010 Ill'
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practiu division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
The Associated Gen~;:;;; e C~tracton or America
These General Conditions have been prepared for use with the Owncr-Conuaetor Agreements (No. 1910-8-A-I or
1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the
others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering
Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary
Conditions. see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When
bidding is involved. the Standard n,.... of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used.
EJCDC No. 1910.8 (1990 Edition)
Reprinted 5.'91
. ,..
TABLE OF CONTENTS OF GENERAL CONDITIONS
~ M Para6rap#1 Pa6~
".., cI 71t/~ NwrtJN,
I. DEFINmONS ................................... 13
1.1 Addenda ............................. 13
1.2 Ap'eetnent ........................... 13
1.3 Application for Payment .............. 13
1.4 Asbestos ............................. 13
1..5 Bid ................................... 13
1.6 Bidding Documents ................... 13
17 Bidding Requirements ................ 13
1.1 Bonds ................................ 13
1.9 Chan&c Order ........................ 13
1.10 <:O'..._L Documents .................. 13
1.11 Contract Price ........................ 13
1.12 Contract Tunes ....................... 13
1.13 CONTlVCI'OR ...................... 13
1.14 d~/~cliv~ ............................. 13
1.15 Drawinas ............................. 13
1.16 Effective Date of the Ap-eement ...... 13
1.17 ENGINEER.......................... 13
1.18 ENGlNEER.s Consultant............. 13
1.19 Field Order ........................... 13
1.20 General Requirements ................ 14
1.21 Hazardous Waste ..................... 14
I~ uws~R~~;uwsor
Re&UJations ........................ 14
1.23 Ucns ................................. 14
1.24 Milestone ............................. 14
1.25 Notice 0( Award ...................... 14
1.216 Notice to 1\ . ",..J .................... 14
1.27 OWNER ... ........ .... ...... .... .... 14
1.21 Partial Ubli....~... ..................... 14
1.29 PCBs................................. 14
1.30 Petroleum ............................ 14
1.31 V., .;...1 ............................... 14
1.32 Radioactive Malen.l .................. 14
1.33 Resident V. ..; .... Representative ....... 14
t.34 Samples .............................. 14
1.35 Shop Drawinls ....................... 14
1.36 ~... ...:blioas ......................... 14
1.37 Su'~ ...". ...1. ........................ 14
1.31 Substantial CompIdioG ............... 14
1.39 SuppL." ~,lUy Conditions ............ 14
1.40 Supplier .............................. 14
1.41 Underpound PacDitics ..............;. 14
1.42 Unit Price Wort ...................... 14
1.43 Wort ........... ...................... 15
1.44 Wort Qanae Di. .. ~ Ie ............... 15
1.45 Written Amendmeftl .................. 15
1. PREUMINARY MATTERS ...................... 15
1.1 Delivery of Bonds .................... 15
2.2 c.. ..:.... of' Documents ................. 15
2.3 Commencement of Contract Tunes;
Notice to Proceed .................. 15
2.4 ' Stattinc the Wort ..................... 15
1T
Art;cI~ or Para"ap" Pa6~
NllmIH, cI T,,/~ NllmM,
2.5-2.7 Before Startina ConstnJction;
CONTlUCI'OR's Responsibility to
Report: Preliminary Schedules;
Delivery of Certificates of
Insu 0;. ... ....:..................... 15
2.8 Prec:onstructio Conference ........... IS
2.9 Initially Acceptable Schedules ......... 16
3. CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE ............................ 16
3.1-3.2 Intent ................................ 16
3.3 Ret.._....e to Standards ~
Specifications of Technical Societies;
Reporting and Resolving
~sc~ ...................... 16
3.4 Intent of' Certain Terms or Adjectives. . 17
3.5 Amending Contract Documents ....... 17
3.6 Supplementina Contract Documents... 17
3.7 Reuse of Documents .................. 17
4. AVAILABIUIY OF LANDS; SUBSURFACE AND
PHYSICALCONDmONS; REFERENCE POINTS .
4.1 Availability of Lands ..................
4.2 Subsurface and Physical Conditions ...
4.2.1 Reports and Drawinp ................
4.2.2 limited Reliance by CONTRALluR
Authorized; Technical Data .........
4.2.3 Notice of' Difl'erina Subsurface or
Physical c.., !.":"'"" .................
4.2.4 ENGINEER's Review ................
4.2..5 Possible Contract Documents Change .
4.2.6 Possible Price and Tunes Adjustments .
4.3 Physic::al Conditions-Underground
Facilities ...........................
4.3.1 Shown or Indic:aIcd ...................
4.3.2 Not Shown or Indicated ..............
4.4 Ref.. _....e Points ... ... . . . . . . . . . . . . . . . .
4.S Asbestos. PCBs. Petroleum. Hazardous
Waste or Radioactive Material ......
S. BONDS AND INSURANCE .....................
5.1-5.2 V~J. ".,_, .... Pa~" ~.., and Other Bonds.
5.3 Licensed Su r~' _. iod Insuren;
Certific:ales of' Insuranc:e ............
S.4 CONTlVCI'OR.s Liability Insurance .
S.5 OWNER.s Liability Insurance ........
S.6 Property Insurance ...................
5.7 Boiler and MachiDery or Additional
, Property Insurance .................
S.8 Notice of Cancellation Provisions .....
5.9 CONTRAClOR's Responsibility for
Deductible Amounts .......... ......
S.IO Other Speciallnsunw:e ...............
5.11 Waiver of Riahts ......................
17
17
17
17
18
18
18
18
18
18
18
19
19
19
20
20
20
20
21
21
21
21
22
22
22
Anidl or Prua,. Paft
NIImbn" Titll NIIIffbe,
'.12-'.13 ReaiFC and Application fX Insunnce
P......ls ........................... 22
'.14 ACCIpCanCe of Bonds and Insurance;
o,cioatoReplace ................. 22
'.1' PaniII Utilization-Property
(-.ranee .......................... 23
6. CONTRACTOR'S RESPONSIBILITIES .......... 23
6.1~.2 Supervision and Superintendence. . . . . . 23
6.~.S 1...abDr, Materials and Equipment ...... 23
6.6 f ',.'_"' Schedule .................... 23
6.7 Sll~"es and "Or-Equal" Items;
CONTRACTOR.s Expense;
SIIlsIitute Construction
*hods or Procedures;
ENGINEER's Evaluation .......... 23
6.1-6.11 COIIm'Ding Subcontractors, Suppliers
.. Others; Waiver fX Rights ....... 24
6.12 Patat Fees and Royalties ............. 2S
6.13 Ptnlits ............................... 2S
6.14 Laws and Regulations ................ 2S
6.15 Taxa ................................ 2S
6.16 UsealPremises ...................... 26
6.17 Site Cleanliness ....................... 26
6.18 Safe SIructuraI Loading ............... 26
6.19 Reard Documents ................... 26
6.20 Safely and Protection ................. 26
6.21 Safely Representative ................. 26
6.22 Haard Communication P."....ms ..... rJ
6.23 Eu.., ... ..:.oO .......................... rJ
6.24 Shop Drawings and Samples .......... rJ
6.2S Sut.iaal Procedures;
<X>N1'R.AL.!vR's Review Prior to
Slop Drawing or Sample Submiual. rJ
6.26 Shll, Drawing cl Sample Submiuals
Review by ENGINEER ............ rJ
6.T1 R~., . ,.ibility for Variation From
c....an.a Documents ................ rJ
6.21 Rellled Work Ptri;"."..d Prior to
ENGINEER's Review and Approval
dltequircd Submiuals ............. rJ
6.29 Co -' .. the Work .................. 28
6.30 CON'IlVtCTOR's General
"'ty and Guarantee ............ 28
6.31-6.33 I~ ....................... 28
6.34 SwWvII fX Obligations ................ 28
7. OIlIER WORK .................................. 29
7.1-7.3 Rellled Work at Site.................. 29
7.4 COOftIaaIion
8. OWNER.S RESIONSIBILlTIES ................. 29
8.1 eo-:_tions to Contractor ........ 29
8.2 Rei, ..,,, .nt 0( ENGINEER.......... 29
8.3 FW1IisII Data and Pay Promptly When
DiIt ................................ 29
8.4 l..aI* and Easements; Reports and
1CsIs ............................... 29
8.5 InSUIaIICC ............................. 29
Attick fN Prual'apIa Paft
NIUftM, " Titk N~,
8.6 ~ C>niers ....................... 29
8.7 Inspections, Tests and A.. . 'ats ...... 29
a.a Slop or Suspend Wort; Tenninale
CONTRAClOR.s Services ......... 29
8.9 Limitations on OWNER.s
Responsibilities ..................... 30
8.10 Asbestos, PCBs, Pttroleum, Hazardous
Waste or R.. ~: .. .~' . Material .... . . 30
8.11 Evidence of F'manclaI AJTanaements .. 30
9. ENGINEER'S STATUS DURING
CONSTRUcnON ............................... 30
9.1 OWNER's Representative ............ 30
9.2 Visits to Site. . . .. . .., .. .. . . . . . . . . . . . . . 30
9.3 P. .;... Repres....,.:,.,~:ve ................ 30
9.4 Oarifications and Interpre....:..5 ...... 30
9.5 Authorized Variations in Work ........ 30
9.6 R~;...:ng Defective Wort ............. 30
9.7-9.9 Shop Drawings. ChaDF Orders and
Payments .......................... 31
9.10 Detenninations for Uait Prices ........ 31
9.11-9.12 Decisions on Disputes; ENGINEER as
Initial Int..... .Ier ................... 31
9.13 Umitations on ENGINEER.s
Authority and R........ NSl'btlities ...... 31
10. CHANGES IN THE WORK ........ ............. 32
10.1 OWNER Ordered Cbanae ............ 32
10.2 Claim for Adjustment ................. 32
10.3 Wort Not Required by Contract
Docu, ""/.1 ......................... 32
10.4 OIange Orders
10.5 Notification fX SURly ................. 32
I I. CHANGE OF CONTRACT PRICE .............. 32
11.1-11.3 Contract Price; Claim for Adjustment;
Value 0( the Work .................. 32
11.4 Cost 0( the Work ..................... 33
11.5 Exclusions to Cost of'the Work ....... 34
11.6 CON'l1lN:1OR's Fee ................ 34
11.7 CostRec:ords ......................... 34
I 1.8 Cash A11owanc:cs ..................... "
11.9 Unit Price Work ...................... 3'
12. CHANGE OF CONTRACT TIMES .............. "
12.1 Claim for Acljustmenl ................. "
12.2 Tune of'the Essence .................. 3'
12.3 Delays Beyond CONTRACTOR's
Control ... . .. .. .. . .. . .. .. .. . .. . .. .. "
12.4 Delays Beyond OWNER's and
CONTRACTOR.s Control .......... 3'
13. TESTS AND INSPEcnONS; CORREcnON.
REMOVAL OR ACCEPTANCE OF DEFEcnVE
WORK .......................................... 36
13.1 Notice of Defeds ..................... 36
13.2 AcceSs to the Work ................... 36
13.3 Tests and In......~ions; Contractor's
Cooperation ........................ 36
2
Arrick or Para,. Pa,~
Nlllftlwr.I Tltll Numbtr
13.4 OWNER.s Respauibilitics;
Ind.... ... ~cnl Tcsaq Laboratory 36
13.' CON1'RAC1OR.s Responsibilities ..... 36
13.~13.7 eo, ....'..'bWork Prior to Inspection.
Testirw or Approval ................ 36
13.8-13.9 Uncoverina Woct at ENGINEER's
Rcquesl ............................ 36
13.10 OWNER May Slop the Wort ......... 36
13.11 C. , . ..~'.. or Removal of Defective
Worit . . . . . ........... .. .. .,. . . .. . . . . 37
13.12 c.. ..w..Jon Period .....................
13.13 Acceptance of Defective Wort ........ 37
13.14 OWNER May C.,.. ..t Defective
Wort .... . . . ............ .. .. .. . . . . . . 37
14. PAYMENTS TO CONTJVCIOR AND
COMPLETION .. . .. . .. . .. .. . . .. . . .. .. .. . . . . . . . . 37
14.1 Schedule of Values .. . . . . . . .. . . .. .. .. .. 37
'4.2 Application for P....'w..J Paymenl ..... 38
'4.3 CON'I'RACTOR.s Wananly of Tide .., 38
'4.4-14.7 Review of Applications for
f. ......... PayllClllS ................. 38
14.8-14.9 Substantial Completion ............... 39
'4.10 Partial Utilizata ..................... 39
'4.11 Finallnspec:tion ...................... 39
Articl~ or Para,rGplt Pa,~
Num~r <<I Titl~ Numbtr
14.12 Final Application for Payment......... 40
14.13-14.14 Final Paymenl and Acceptance ........ 40
14. ., Waiver of Claims ..................... 40
IS. SUSPENS'ON OF WORK AND
TERMINATION ................................ 40
IS.I OWNER May Suspend Wort ......... 40
1S.2.IS.4 OWNER May Tenninale .............. 40
IS.S CONTlUCTOR May SlOP Wort or
Terminate .......................... 41
16. DISPUTE RESOWTlON ....................... 4.
'7. MiSCELLANEOUS............................. 42
17.1 Giving Notice ........................ 42
17.2 Computation of Times ................ 42
17.3 Notice of Claim....................... 42
17.4 Cumulative Remedies ................. 42
17.S Professional Fees and Court CoslS
Included ........................... 42
EXHIBIT GC.A (Oplional):
Dispule Resolution Agreement (Optional) ..... GC.AI
16.1-16.6 Arbilr.ltion.................... OC.AI
16.7 Mediation ..................... OC-Al
3
INDEX 10 GENERAL CONDmONS
Artick 01' Pwa,rapla
NlIIPIlNr
Acceptance of-
Bonds and Insurance.... .. . . .. . ..... .. .. . . .. . . . .... . 5.14
U/'Ctillt Work ....................... 10.4.1, 13.13, 13.15
ftnaI p&YJDCnl ................................. 9.12, '4.'S
insurance ..............................:............ 5.14
other Work, by CONTRACroR ... ...................7.3
Substitutes and "Or-Equal" Items .................. 6.7.1
Work by OWNER ......... ...............2.5,6.30.6.34
Access to tbe-
Lands, OWNER and CONTRAC1OR
responsibilities ..................................... 4.1
site, related work .................................... 7.2
Work, .................................. 13.2. 13.14, 14.9
Acts or Omissions-. Acts and Omissions-
CONTlVClOR ............................6.9.1.9.13.3
ENGINEER ................................ 6.20, 9.13.3
OWNER ....................................... 6.20. 8.9
Addenda-definition of (also see
definition of Specifications) ........... (1.6, 1.10, 6.19) 1.1
Additional r. .'.. .sty Insurances ......................... 5.7
Adjustments
ContlXt Price or Contract
Tames ......... 1.5, 3.S, 4.1. 4.3.2, 4.5.2, 4.5.3, 9.4. 9.5,
10.2-10.4, II, 12, 14.8, 15.1
..,"..,...s schedule ....................................6.6
A.... 'u, .,..1-
definition of .. . .. .. . .. .. .. .. .. .. . . . . . .. . .. . .. . . .. . . ... 1.2
AD risk Insurance, policy form ........................ 5.6.2
Allowances. Cash ..................................... 11.8
Amendina Contract Documents .......... ...............3.5
Amendment, Written-
in aeneral .... 1.10. 1.045, 3.5. 5.10. 5.12, 6.6.2. 6.8.2. 6.19,
10.1,10.4,11.2. 12.1, 13.12.2, 14.7.2
Appeal. OWNER or CONTRACroR
intent to ...................... 9.10,9.11, 10.4. 16.2, 16.5
Application for Payment-
definition of .......................................... 1.3
ENGINEER.s Responsibility.... ............ ..... ....9.9
final paYJDCnt ..................9.13.4,9.13.5. 14.12-14.15
in JCDCraI .......................2.8.2.9,5.6.4,9.10, 15.5
" . ,.~.s p8)'1DC1lt .. . . ... . . . . . . . . .. . ..... .. . . ... 14. I, 14.7
review of ...................................... 14....14.7
Arbitration (Optional) ............................. 16.1-16.6
At: _~:...,a.-
claims pursuant thereto .......... .............4.5.2,4.5.3
CONTlVClOR authorized to stop Wort ........... 4.5.2
definition of .. . . . .. .. .. . .. . .. . . .. .. . . . .. .. . . . . . . . . .. .. 1.4
OWNER responsibility for .... ................4.5.1.8.10
possible price and times change..................... 4.5.2
Authorized Variations in Work ........... 3.6,6.15,6.27,9.5
Availability of Lands ...............................4.1,8.4
Award. Notice of~fined ... .......... ...... ......... 1.25
Before Starting Construction ........................ 2.5-2.8
Bid--<<finition of ...................................... 1.5
0.1. 1.10,2.3,3.3.4.2.6.4.6.13, 11.4.3. 11.9.1)
1'1
Artkk 01' Para,r."
NlIIPIlNr
Biddina Documents.-<<finition of . . . . . . . . . . . . . . .. 1.6 (6.'.2)
Biddina Rcquirements-definitions of ...... 1.7 (1.1, 4.2.6.2)
Bonds-
acceptance of .......................................5.14
additional bonds ........................... 10.5. 11.4.5.9
Cost of the Work .................................. 11.5.4
definition of . . . . ... . .. . . .. . . .. . . ., . . ..... ... . . .. . . . ... I.B
delivery of ...................................... 2.1. 5.1
final app6cation for payment ................. 14.12-14.14
JlCneral ............. ..1.10. 5.1-5.3, 5.13, 9.13.10.5, 14.7.6
perfonnance, Payment and Other ................. 5.1-5.2
Bonds and Insurance--in general ......................... 5
Builder's risk "all risk" policy form ................... 5.6.2
Cancellation Provisions. Insurance ........5.4.11..5.8. S.1S
Cash Allowances .........:............................ 11.8
Certificate of Substantial Completion ......... 1.38, 6.30.2.3,
14.8. 14.10
Certificates of Inspection ................ 9.13.4, 13.5. 14.12
Certificates of Insurance ..2.7,5.3.5.4.11,5.4.13,5.6.5, 5.B,
.... .......... ...... ..... .... ... . .. . ... 5.14. 9.13.4, 14.12
Owtge in Contract Price-
Cash AJIowanc:es ................................... 11.8
claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15. 6.8.2.
9.4. 9.5. 9.11, 10.2, 10.5. 11.2, 13.9.
13.13. 13.14. 15.1. 15.5
CONTRACTOR.s fee ............................... 11.6
Cost of the Work
eener1ll ...................................... 11.4-11.7
Exclusions to ....................................... 11.5
Cost R.... ~ ....................................... 11.7
in ,... _..I .............. 1.19. 1.44, 9.11. 10.4.2, 10.4.3. II
Lump Sunt Pricina ................................ 11.3.2
Notification of Surety............................... 10.5
Scope of ....................................... 10.3-10.4
Testina and Ins~, Uncoverina the Work ........ 13.9
Unit Price Work .................................... 11.9
Value of Work ........ .... ...... ........ ..... ... .... 11.3
0Iange in Contract TImes-
Oaim for times adjustment .... 4.1, 4.2.6. 4.5. 5.15. 6.8.2.
9.4,9.5,9.11. 10.2. 10.5, 12.1. 13.9. 13.13,
13.14. 14.7. 15.1. 15.5
Contractual time limits .............................. 12.2
Delays beyond CONTRACroR.s control ............ 12.3
Delays beyond OWNER.s and CONTRACTOR.s c:o.
troI ............................................... 12.4
Notifi- :"" of surety ................ .... .... ....... 10.5
S,...... ofchange .............. ..... .... ........ 10.3-10.4
Change Orders-
Acceptance of Defective Work ..................... 13.13
Amendilll Contract Documents ...................... 3.5
Cash Allowances ................................... 11.8
Owtge of Contract Price ............................. II
Owtge of Contract Times ............................ 12
Olanges in the Work.................................. 10
CONTRJtCTOR.s fee ............................... 11.6
Cost of the Work ............................... 11.4-11.7
4
~
Anid, or Para,r."
Nil.'
eo.allecords .......................................11.1
defillitioq of .. .. . . . . . . . . . . . .. .. . .. . .. .. . .. . . . . . . . . .... 1.9
."'" .,.:.. ........................................ 6.23
ENGINEER's responsibility .........9.8. 10.4. 11.2. 12.1
cxCClllion of ........................................ 10."
IndaIMic:alion ..................... 6.12. 6.16. 6.31. 6.33
~. Bonds and ................... S.IO. S.13. 10.5
OWNER may tenninate ........................ IS.2-IS."
OWNER.s Responsibility ....................... 8.6. 10.4
Phy3ical Conditions-
Sua.rface and. ............ .. .. .. .. . . .. . . . .. . . . .. . .. ".2
u.d .'.' . Jnd Fac:ilities ........................... ".3.2
~ Docaunents ................................. 6.19
Scope of Cban&e ............................... 10.3-10."
Subllitutes ...................................6.7.3.6.8.2
Unil Price Work .................................... 11.9
wt. 0( Wort. covered by .......................... 11.3
a.a..s in the Wort .................................... 10
NoIiIc:ation of surety ............ . . . . . . . . . . . . . . . . . .. 10.5
OWNER's and CONTRACTOR's responsibilities .... 10."
... to an adjustment .............................. 10.2
~'~',I . of change ............................... 10.3-10."
CIai__
agaiIst CONTRAl....vR ............................ .6.16
~ ENGINEER ................................ 6.32
aaaiast OWNER ......... .... ........... ....... .....6.32
0uIIIe 0( Contract Price ....................... 9.4. 11.2
a-.e of Contract Times ...................... 9.... 12.1
CONTRACTOR's". 7.1. 9.4. 9.5. 9.11. 10.2. 11.2. 11.9.
12.1. 1".8. IS.I. 1S.5. 17.3
"-",,. AAC:lOR' s Fee .. . .. .. .. .. .. .. .. .. .. .. .. . . . .. 11.6
CONTRACIOR's liability ............5....6.12.6.16.6.31
COlI of the Work .............................. II.... 11.5
Decision., on Disputes .........................9.11.9.12
~te Resolution.................................. 16.1
~ Resolution Agreement ..................16.1-16.6
ENGINEER as initial interpretor ....................9.11
I..uIIp Sum Pric:ina ................................ 11.3.2
NaIice of ........................................... 17.3
OWNER's ...........9....9.5.9.11.10.2.11.2.11.9.12.1.
13.9. 13.13. 13.14. 17.3
OWNER's liability ................................... S.S
OWNER may refuse to make payment .............. 1".7
Pra:' _..; . "a1 Fees and Court Costs Included .......... 17.5
~ forfonnal decision on .......................9.11
SlWute items ............. .... .................6.7.1.2
T_ Extension ................................ ...... 12.1
T_ requi.,.,..,. ..,,:... ............................9.11.12.1
Viii Price Work .................................. 11.9.3
"* of ............................ ................ 11.3
waver of~ F'maI Payment ................ 14.1". 14.IS
\Vult Change Direc:tive .................... . . . . . . . .. 10.2
wriIcn notice required ................... 9.11. 11.2. 12.1
~ and Interpretations ............ 3.6.3.9....9.11
c:Je. SiIe ............................................6.17
Codes of Technical Society. Organization or
Association ...................................... 3.3.3
eon-acemcnt of Contrxt Tunes ..................... 2.3
c.om.mic:ations
A,tidt or Paralr."
Numlwr
.. , .,,} .................................... 6.2. 6.9.2. '.1
Hazard Conununication P,....._ ...................6.22
Completion-
Final Applialion for Payment ...................... 14.12
Final Ins.;. . .~'.J ................................... 1".11
Final Payment and Ac:cepcance ............... 1".13-1".1"
Partial Utilization .................................. 1".10
Substantial Completion .... . .. . .. .. .. .. ... 1.38. 1".8-1".9
Waiver of Claims . ....... ......... ..... ... ......... 14.15
Computatioa of Tunes ........................ 17.2.1-17.2.2
Conc:emina Subcontrxton.
Suppliers and Others ............................ 6.8-6.11
Conferences-
initiaDy acceptable schedules ......................... 2.9
preconstn..: .', ......................................2.8
Conftic:t. Error. Ambiguity. Discrepanc:y-
CONTJVCI'OR to Report ............. ..... ...2.5.3.3.2
Construction. before startina by CONTRAClOR .... 2.5-2.7
Construction Machinery. Equi.., , , .' 1. etc. ............... 6."
Continuina the Wort .............................6.29. 10."
Contract Documents-
Amendina ...........................................3.5
Bonds ............................................... S.I
Cash Allowances ................................... 11.8
Chan&e of Contrxt Price ............................. 11
Chan&c of Contract Times ............................ 12
Changes in the Work ........................... 10.....10.5
check and verify ..................................... 2.5
Clarifications and Interpretations ....... 3.2. 3.6. 9.... 9.11
definition of ........................................ 1.10
ENGINEER as initial inl..r..lerof .................9.11
ENGINEER as OWNER's representative ............ 9.1
aeneral ................................................ 3
Insurance............................................ 5.3
Intent ............................................ 3.1-3."
minor variations in the wort ......................... 3.6
OWNER's responsibility to furnish data .............. 8.3
OWNER's responsibility to make
,,' . ,.,,pt payJDenl ....................... 8.3. 1".4. 1".13
precedenc:e .................................... 3.1. 3.3.3
Record Doc:uJnents ................................. 6.19
Reference to Standards and Specifications
of Technical Societies .............................. 3.3
Related Work ........................................ 7.2
Reportina and Resolvina Discrepancies.. ...... . .. 2.5. 3.3
Reuse of .............................................3.7
Supplementin& .............. ..... ....................3.6
Termination of ENGINEER's Employment ........... 8.2
Unit Price Work .................................... 11.9
variations ................................. 3.6. 6.23. 6.27
Visits to Sileo ENGINEER.s .... ...... ...... .........9.2
Contract Price-
adjustment of ................ 3.S. ".1. 9.... 10.3. 11.2-11.3
Chan&e of ............................................ II
Decision on Disputes ....... .. .. .. .. .. .. .. .. .. .. .... 9. II
definition of ........................................ 1.11
Contract Tunes-
adjustment of ...................... 3.5.4.1.9.... 10.3. 12
Change of ...................................... 12.1-12."
5
Art;clt or Para,rap"
Nllmbtr
Conunencement of .... ...............................2.3
clc6nitionol ........................................1.12
CON'11VCIoR-
Acceptance of Insurance ............................5.14
Limited Reliance on TeclKal Data Authorized ..... 4.2.2
CcNnmunications ............................... 6.2. 6.9.2
Continue Work .........................w....... 6.29. 10.4
~. . tination and schedulil..... .. . .. .. .. .. .. .. . .. .. 6.9.2
definition of ........................................ 1.13
May Stop Work or Tenni.-e ...... ........ ......... 15.5
provide site access to ochas .................... 7.2. 13.2
Wetyand Protection .. ..... 4.3.1.2.6.16. 6.18. 6.21~.23.
7.2. 13.2
Shop Drawilll and Sample Review Prior to Submittal. 6.25
Stop Wort requirements ........................ ...4.5.2
CON'TRAClOR's-
CoInpensation .................................. 11.1-11.2
Continuing 0bIi,U":" .............................. 14.15
Defective Work .......................... 9.6. 13.J~ 13.14
Duly to C...'w.~ defective Wort ..................... 13.11
Duty to Report-
Changes in the Wort .. .,.J by
Enl......wj .......... ........ ... ... . ..... ... . ... . . 6.23
Defects in Wort of Othas ......................... 7.3
Dift'eriDl conditions .............................. 4.2.3
Discrepancy in Doc~ ........... 2.5. 3.3.2. 6.14.2
Underaround Faalities _ indicated .............. 4.3.2
Em.......cies ... ..... .................. ..............6.23
Equipment and MachineryRental. Cost
af the Work ......... ........ .. . . ... . . . . . .. .. .. 11.4.5.3
Fce-Cost-P1us .....................11.4.5.6.11.5.1.11.6
General Warranty and CiuBDtce ....._.............. 6.30
Hazard Communic:atioa ~ ...................6.22
lademnifi...;.'. ,. ...... ................ 6.12. 6.16. 6.31~.33
L.il' w..:on of the Work ......................... 7.3.13....
I..abor. Materials and Eqr~ ~. . . . .. .. . .. . .. .. .. 6.U.S
Laws and ReguIaIions. eo.pIiance by .............6.14.1
Liabality Insurance .. ................................. s...
NaIic:e of Intent 10 Appeal ...... . . .. .. . .. . .. . . . 9.10. 10.4
nNWotinn to perform and CIIlIIpIete the Wortt ........ 6.30
PaIent IUs and Royalties..... for by ............... 6.12
I\::r:r. ",,,..nee and Other a-. ........... .............5.1
Famits. obtained and p.i.... by .................... 6.13
r .,.....s Schedule ..... 242.1. 2.9. 6.6. 6.29.10....15.2.1
Request for fonnal ck, ...... .. disputes ............. 9.11
R...... .. nsibtTIlies-
OIanges in the Work .............................. 10.1
Concemilll Subcontract.s. Suppliers and Others. 6.8-
6.11
Continuinl the Work ........................6.29. 10...
O>NTRACTOR.s expe8 ................ .......6.7.1
(X)NTRACTOR's (j.,..J Warranty and Guaran-
lee .................. .......... .. ....... '" . . .. . . . 6.30
(X)NTRACTOR.s reviewpiorto Shop Drawing or Sam-
ple submittal ........ ......... .. . . . . . ... .. ... ... . . 6.25
Coordination of Wort ........:.....................6.9.2
EIne.....":..s .....................................6.23
ENGINEER's MuatKw. Substitutes
or "Or-Equal.. Items .......................... 6.7.3
,.,.
Artidt or Paralrap"
Nllmkr
For Acts and Omissions of <>then ..... 6.9.1~.9.2. 9.13
for deductible amounts. insurance .................. '.9
aeneral .................................6. 7.2. 7.3. 8.9
Hazardous Communication r. _....ms ............. 6.22
Indemnification ..............................6.31433
Labor. Materials and Equipment ................ 6.3-6.5
Laws and Regulations ............................6.14
Liability Insurance ................................. 5..
Notice of variation from Contract Documents ..... 6.27
Patent Fees and Royalties ......................... 6.12
Pennits ...........................................6.13
P.'w....ss Schedule ................................. 6.6
Record Documents ............................... 6.19
related Wort performed prior to ENGINEER.s
approval of required submittals ................. 6.28
safe slnJCturalloading ............................ 6.18
Safety and Protection ................... 6.20. 7.2. 13.2
Safety Representative .............................6.21
Scheduling the Work .... ...... .... ...............6.9.2
Shop Drawings and Samples ...................... 6.2..
Shop Drawings and Samples Review
by ENGINEER .. ................ ........ ......6.26
Site Cleanliness. . . . . . . ..... . . . .. .. ... . .... . . . . .. . . 6.17
Submittal Procedures ............................. 6.15
Substitute Construction Methods and
Procedures .................................... 6.7.2
Substitutes and "Or-Equal.' Items... .. .. . . . . . . . . . 6.7.1
Superintendence ................................... 6.2
Supervision.. .. . . . . .. . . .. .. . . . . .. .. . . . ... . . . . . . . . . . 6.1
Survival of Obligations ............. . . . . . . . . . . . . . . . 6.34
Taxes ............................................ 6.15
Tests and Inspections ............................. 13.5
To Report ......................................... 2.5
Use of Premises .................... 6.16-6.18. 6.30.2."
Review Prior to Shop Drawing or Sample Submittal .. 6.25
Right to adjustment for changes in the Wort ......... 10.2
rightto claim .. 4. 7.1. 9.4. 9.5. 9.11. 10.2, 11.2. 11.9. 12.1.
13.9.14.8.15.1. IS.5. 17.3
Safety and Protec:tion ................. 6.20-6.22. 7.2. 13.2
Safety Representative............................... 6.21
Shop Drawings and Samples Submittals ......... 6.24-6.28
Special Consultants ............................... II......
Substitute Construction Methods and Procedures ..... 6.7
Substitutes and "Or-Equal" Items. Expense .. 6.7.1. 6.7.2
Subcontractors. Suppliers and Others ............ 6.8-6.11
Supervision and Superintendence ........... 6.1. 6.2. 6.21
laxes. Payment by...... ........ ....... .............6.15
Use of Premises ...... ............ ..............6.16-6.18
w.uranties and guarantees ...................... 6.30. 6.S
Warranty of Tille ................................... 1".3
Written Notice Required-
CONTRACTOR stop Work or tenninate ........... 1S.5
Reports of Differing Subsurface and Physical Coodi-
tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ".2.3
Substantial Completion ........................... 1".8
CONTRAC'T()RS--other ................... ..............7
Contractual Liability Insurance ...................... S....10
Contractual Time Limits .............................. 12.2
Coordination
6
Arric/~ or Para,raplt
Nllmbtr
CONTlVCTOR's responsibiity ... .................6.9.2
C. ~ . __. of Dcxuments ..... .. . .. . . . .. . . . . .. . . . . . . . . . .. . . 2.2
c". .'. __~,'. Period .................................... 13.12
C. ; , .. Jon, Removal or Acceplance <<
Defective Work
in FftCraJ ............................. 10.4.1, 13.16-13.14
AccepWK:e of Defective Work ..................... 1113
C. . ,_.lion or Removal of Defective Wort ..... 6.30. 13.11
C....~..Jon Period .................................. 13.12
OWNER May C. . .nt Defective Work ............. 13.14
OWNER May Stop Wort .......................... 13.10
Cosr-
oCTests and Inspections............................. 13.4
R...., Js ............................................ 11.7
Cost of the Wort-
Bonds and insurance. additional .. ............... 11.4.5.9
Cash Discounts ................................... 11.4.2
CONTRACTOR's Fee .............................. 11.6
Employee Expenses .............................11.4.5.1
Exclusions to ....................................... 11.5
General ........................................ 11.4-11.5
Home office and overhead expenses ................. I t.S
Losses and damages ........... .......... .. .. . . .. 11.4.5.6
Materials and equipment .......................... 11.4.2
Minor expenses................................. 11.4.5.8
Payroll costs on changes ........... . . . . . . . . . . . . . .. 11.4.1
performed by Subcontractors ...................... 11.4.3
R....., 1. ............................................ 11.7
Rentals or construction equipment and machinery. 11.4.5.3
Royalty payments. pennits and license fees ...... 11.4.5.5
Site office and temporary facilities ............... 11.4.5.2
S~ . ...~J Consultants. CONTRAC1OR's ............ 11.4.4
$upplelDCntal ........... ......... ................. 11.4.5
'lUes related to the Wort ....................... 11.4.5.4
Tests and Inspection ................................ 13.4
Trade Discounts .................................. 11.4.2
Utilities. fuel and sanitary facilities ............... 11.4.5.7
'Mxtc after regular hours .......................... 11.4.1
C. '..,,'111 Work ....... ............................ 13.~13.7
Cumulative Remedies ............. ............... 11.4-17.5
Cuaina. fitting and palchin& ....... .. .. .. .. .. .. .. .. .. ... 7.2
D8Ia. to be furnished by OWNER ...................... 8.3
Da~finition of.... ..... ...... .................... 17.2.2
I)e .:..~. ns on Disputes ........................... 9.11, 9.12
de('.. ..~:, !e--dc:finition of .................... . .... .. ..... 1.14
cl":i.. ..~'ye Wortt-
Acccptanc:e of .............................. 10.4.1. 13.13
o..,......~:." or Removal of ................... 10.4.1. 13.11
C....'~..Jon Period ..................................13.12
in aeneraJ ................................. 13, 14.7. 14.1 I
Observation by ENGINEER .........................9.2
OWNER May Stop Work ....... ................... 13.10
Prompt Notice of Defects ........................... 13.1
Rejecting ............................................9.6
Uncovering the Wort ............................... 13.8
[)cfinjtions ........... .............. ...................... 1
DclaY$ .................................4.1.6.29. 12.3-12.4
[)cIivery of Bonds .... .............. ....................2.1
l)elivery of certificates oI'insI." .,.... .....................2.7
.- 11
Artid~ or Para,raplt
Nllmbtr
Determinations for Unit Prices ........................9.10
Differing Subsurface or
Physical Conditions
Notice of .......................................... 4.2.3
ENGINEER's Review ............................. 4.2.4
Possible Contract Documents Chan&e ............... 4.2.S
Possible Price and Times Adjustments .............. 4.2.6
Discrepancies-Reporting and Resolving .... 2.S. 3.3.2. 6.14.2
Dispute Resolution-
Agreement..................................... 16.1-16.6
Arbitration..................................... 16.1.16.S
general ............................................... 16
Mediation .......................................... 16.6
Dispute Resolution A...n...ent .................... 16.1-16.6
Disputes. Decisions by ENGINEER ..............9.11-9.12
Document5-
Copies 01' ............................................ 2.2
Record ............................................. 6.19
Reuse of . .. .. . . .. .. . . .. . . .. ... . . . . . . . . . . . . .., . .. . . . .. 3.7
Drawi~efinition of ............................... I.IS
Easements ............................................. 4.1
Effective date of Agreement-.4efinition of ............. 1.16
Emergencies .......................................... 6.23
ENGINEER-
as initial interpreter on disputes. . . . . . . . . . . . .... . 9.11-9.12
definition of ........................................ 1.17
Limitations on authority and
responsibilities ................................. 9.13
Replacement of ...................................... 8.2
Resident Project Representative ...................... 9.3
ENGINEER's Consultant-.4efinition of ............... 1.18
ENGINEER's-
authority and responsibility, limitations on ........... 9.13
Authorized Variations in the Work .................... 9.5
Change Orde~, responsibility for .......... 9.7, 10. II, 12
Clarifications and Interpretations ............... 3.6.3, 9.4
~sM>nson Disputes ..........................9.11-9.12
defective Work. notice of ........................... 13.1
Evaluation of Substitute Items...................... 6.7.3
Liability .............................. . . . . . . . . . 6.32, 9.12
Notice Work is Acceptable ......................... 14.13
Observations ................................. 6.30.2. 9.2
OWNER's Representative .... .................. .....9.1
Payments to the CONTRALlvR,
Responsibility for .............................. 9.9. 14
IL... ....mendation of Payment ................. 14.4. 14.13
Responsibilities-
Umitations on .........................1......9.11-9.13
Review of Reports on Dift'erina Subsurface
and Physical Conditions .......................... 4.2.4
Shop Drawings and Samples, review
responsibility ..................................... 6.26
Status During Construction-
authorized variations in the Work .................. 9.5
Clarifications and Interpretations ...................9.4
Decisions on Disputes........................ 9.11-9.12
Detenninations on Unit Price' ..:.................. 9.10
ENGINEER as Initial Interpreter . . ... . . ...... 9.11-9.12
ENGlNEER.s Responsibilities ................9.1-9.12
7
Articlt Of PDfD,f."
NumlHr
l.iaIitations on ENGINEER's Authority and
I ~ !". .,ibilities ................................... 9.13
OWNER's Representative ......................... 9.1
P., ': .." Representative ............................. 9.3
Icjcctilll Defective Work .......................... 9.6
aap Drawinas. Change Orders and
Payments............................ .........9.7-9.9
.... to Site . ....... .......... ....... .............9.2
UIil Price Detenninations ..... . .. . . . . .. . . ... ... .. . .. 9.10
VIIIiIs to Site ......................................... 9.2
WIiIrcn consent required ..... . . . . . . . . . . . . . . . . . . .. 7.2. 9.1
~t, Labor, Materials and ................... 6.~.5
E~:' mt rental, Cost of the Work ................ 11.4.5.3
Eq. - ~t Materials and Equipment .................... 6.7
EmIlI or omissions ................................... 6.33
EvilIr8l:e eX Financial Arrangements ................... 8.11
ExJlIanbons of physical conditions ................... 4.2.1
Fee.mNTRACroR's--Costs-P1us ................... 11.6
FteMOnter-
~ of ........................................ 1.19
is..s by ENGINEER... ................... ...3.6.1.9.5
F.....Applic:ation for Payment........................ 14.12
F.... t..... ..lion . ...... .. .... .. .. ...... .. . . .... .... . .. 14.11
FIIIII Payment-
_Acceptance .............................. 14.13-14.14
PriIr 10. for cash allowances ........................ 11.8
GcacaI Provisions ............................... 17.3-17.4
GeocaI Requirements-
deIIIion of ......................................... 1.20
priIdpaI references to .............. 2.6, 6.4. 6.6-6.7, 6.24
~Notice ......................................... 17.1
G...M e eXWork-by
aJIf'I'RACTOR . ...... ........ .......... .....6.30. 14.12
IIaDId Communication Programs ..................... 6.22
~IS Waste-
.1". ':.x. of ........................................ 1.2J
~ .............................................. 4.5
OWNER's responsibility for ........................ 8.10
...~ -cation.. . .. . .. . .. . . . . .. .. . .... 6.12, 6.16. 6.3 J -6.33
IniIiIIJ Ac:ceptable Schedules .......................... 2.9
~"' IWJ&-
Calilcates of ......................... 9.13.4, 13.5. 14.12
filii .............................................. 14.11
$pIriII, required by ENGINEER .................... 9.6
'D=IIsand Ai'i',,!a! ........................8.7,13.3-13.4
....~e--
AalqlIance of. by OWNER ... .......... ........ ....5.14
AMIionaI, required by changes
. the Work ....................... . .. .. . .. .. 11.4.5.9
~ starting the Work ............................. 2.7
&a.Is and-in general ................................. 5
~ation Provisions .............................. 5.8
CI1~c,res of .. 2.7, 5, 5.3, 5.4.11, 5.4.13. 5.6.5. 5.8. 5.14.
9.13.4. 14.12
cO.pIded operations.............................. 5.4.13
aJIf'I'RACTOR's Liability ........................... 5.4
aJIf'I'RACTOR.s objection to coverage ............. 5.14
ec.ractual Liability .............................. 5.4.10
Articlt tH PIUDlfqh
NumlHr
deductible amounts. CONTRACTOR.,
responsibility .................................... 5.9
Final Application for Payment. . . ..... . . .. .. . . . . .. .. 14.12
Licensed Insurers .................................... 5.3
Notice requirements, material
changes........................ ..........5.8. 10.50
Option to Replace .................................. 5.14
other special insurances ............................. 5.10
OWNER as fiduciary for insureds .............. 5.12.5.13
OWNER.s Liability.................................. 5.5
OWNER's Responsibility ............................ 8.5
Partial Utilization, Property Insurance ,...,.,........ 5.15
p" i' ."./ ........................................ 5.~5.10
Receipt and Application oflnsurance Proceeds .. 5.12-5.13
Sf' ...:..1 Insurance ................................... 5.10
Waiver of Rights .................................... 5.11
Intent of Contract Documents....................... 3.1-3.4
Interpretations and Clarifications ................. 3.6.3, 9.4
Investigations of physical conditions .................... 4.2
Labor, Materials and Equipment .................... 6.~.5
Lands-
and Easements ...................................... 8.4
Availability of ................................... 4.1, 8.4
Reports cl Tests :.................................... 8.4
Laws and Regulations-Laws or Regulations-
Bonds ........................................... 5.1-5.2
Changes in the Work ............ ................. ... 10.4
Contract Documents.................... ...... .......3.1
CONTRACTOR's Responsibitities ...................6.14
Co.. .......;on ~riod, defective Work .................. 13.12
Cost of the Work. taxes ......................... 11.4.5.4
definitionof ........................................1.22
general ............................................. 6.14
Indemnification ................................6.31-6.33
Insurance ............................................ 5.3
Precedence .................................... 3.1, 3.3.3
Reference to ....................................... 3.3.1
Safety and Protection ..........................6.20.13.2
Subcontractors, Suppliers and Others ............ 6.8-6.11
Tests and Insi' . r~:" "".$ ............................... 13.5
Use rX Premises .................................... 6.16
Visits to Site ......................................... 9.2
Liability Insurance-
CONTRAC'roR's .................................... 5.4
OWNER.s ........................................... 5.5
Lkensed Sureties and Insurers ..................... ....5.3
Liens-
Application for Progress Payment ................... 14.2
ContnlCtor's Wananty ofntle ... ... ...... ..... ...... 14.3
Final Application for Payment. . ...... .......... .... 14.12
definition rX ........................................ 1.23
Waiver of Claims .................................. 14.15
Limitations on ENGINEER.s authority and
responsibilities..................................... 9.13
Limited Reliance by CONTRACTOR Authorized ...... 4.2.2
Maintenance and Operating Manuals-
F'maJ Application for Payment...................... 14.12
Manuals (of others)-
Precedence .............. . . . . . . . . .. .. . .. . .. .. .. . .. 3.3.3.1
8
Artielt or Paralraph
NIIMbtr
Reference to ill Contract Documents............... . 3.3.1
Materials and ~nt-
furnished by CONTRN:TOR ............ ............6.3
not incorporalal in Work ............................ 14.2
Materials or ......ipDent~quivalent .....................6.7
Mediation (0ptiIIIII) .................................. J6.7
MiJes~ or .............................. 1.24
Miscellaneous-
Computatiou( Tunes .............................. 17.2
Cunwlative RaDedies ............................... 17.4
Giving Notice.... .. . , . . . . . . . . .. . . . . . . . . . . .. . . . . . . ... 17.1
Notice orc_ ....... '" ... ...... ... .,. .... ........ J7.3
Professional IUs and Court Costs Included. .. .. . . ... 17.5
MuJti-prime ~s ...................... ..............7
Not Shown or t.dicated .............................. 4.3.2
Notice or-
Acceptability.Project ............................ J4.13
Award, definilioa or .... .. .. . .. .... . .. . . .. . . . . . . .. .,. J.25
Caim .............................................. 17.3
!)efects, ............................................ J 3.1
Differing Subuface or Physical Conditions.. . . . . . . . .4.2.3
Givina .............................................. 17.1
Tests and Il"... ..:,ons ............................... J3.3
Variation, Ship Drawing and Sample ................ 6.T1
Notice to P.. ...1-
definition of ........................................ 1.26
livina or ............................................. 2.3
Notification to~y ... .... ........... ............... 10.5
Observations, ., ENGINEER .................... 6.30, 9.2
Occupancy of 6e Work ................ 5. J 5, 6.30.2.4, 14.10
Omissions or IdS by CONTRACTOR ............. 6.9, 9.13
"Open peril" policy fonn, Insunmce ....... . . . . . . . . . . . .5.6.2
Option to Rwr_ ... ..... .... ............ ........ .... .S.J4
"Or EquaJ"l~ ............... .......... .............6.7
()ther work .._........................................... 7
Overtime Worl--prohibition of ......................... 6.3
OWNER-
Accepcance fill defective Work ........ . . . . . . . . . . .. ., 13.13
appoint an ENGINEER .............................. 8.2
as fiducial)' .................................... 5.12-5.13
Availability fill Lands, responsibility ................... 4.1
definition of ........................................I.T1
cIaIa. furnisla ......................................... 8.3
May C...._ Ddective Work ....................... 13.14
May refuse ID make payment........... ...... ... .... 14.7
May Stop dIt Work ................................ 13.10
may suspe'" work,
tennina ....................... 8.8. 13. JO. 15.1-15.4
Payment. m* prompt ................... 8.3. J4.4. J4. J3
performanc:c af other Work ............ .. .. .. .. .. . .. .. 7.1
permits and iccnses. requirements .................. 6. J3
purchased iBnnce requirements ............... 5.6-5. JO
OWNER's-
Acceptancuflbe Work .........................6.30.2.5
Change Ordas. obligation to
execulc ..... .. :. . . . . . . .. .. . . . . . .. . . .. .. . . .. 8.6. JO.4
Communica. ..................................... 8.1
Coordinat. af the Work ............................ 7.4
Disputes. RIlfIeSl for decision ....................... 9. J I
Anielt or Paralraph
NIIMwr
Inspections. tests and approvals. . . .. .. .. . . .. . ... 1.7. 13.4
Liability Insurance ................................... '.5
Notice of Defects ................................... 13.1
Representative-Durina Construction,
ENGINEER's Status ............................9.1
Responsibilities-
Asbestos. PCB's. Petroleum. Hazardous
Waste on Radioactive Material .................. 1.10
Chanae Orden ... . . . .. .. .. . . . . . . . . .. . . . . . . . . . . . . . . 1.6
Chanaes in the Wort. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. JO. J
communications ................................... 1.1
CONTRACTOR's responsibilities ..................8.9
evidence or financial arTanFments ................ 8. J J
inspections. tests and af't' . Jals .................... 1.7
Insurance ................. . .. .. .. . . .. .. .. . .. . . . . . . 1.5
lands and easements ............................... 8.4
prompt payment by.. ...... ....... ....... ..........8.3
replacement of ENGINEER........ ... ............8.2
reports and tests ................................... 1.4
stop or suspend Wort .................. 8.8. 13.10. .,. J
terminate CONTRACTOR's services .......... 8.8. JS.2
separate representative at site ........................ 9.3
independenttestina ................................. 13.4
use or occupancy of the
Work .................................... S. JS. J4.10
written consent or approval
required ............................... 9.1. 6.3. JJ.4
written notice
required .......... 7.1. 9.4. 9.11. J1.2. JJ.9. J4.7. JS.4
PCBs-
definition of ........................................ 1.29
general .............................................. 4.$
OWNER.s responsibility for ........................ 8.10
Partial U111ization-
definition of ........................................ 1.28
general ................................... 6.30.2.4. J4. JO
r .'... _Ity Insurance ................................. 5.15
Patent Fees and Royalties ............................. 6.12
Payment Bonds ..................................... 5.1-5.2
Payments. Recommendation of ............. 14....14.7. 14.13
Payments to CONTIVtLlvR and Completion-
Application for P. ........... Payments .................. 1".2
CONTR.AClOR's Wamnty orntlc ................. J".3
Final Applic,,,:.. .. for Payment...................... J". J2
Finallnspection ................................... J4. J I
Final Payment and Acceptance ............... 1".I~J".14
genenal ........................................... 8.3. J4
Partial U111ization .................................. J4. JO
Retainaae ........................................... 1".2
Review of Applications for 1\ ........s
Payments.................................. J4.4-J4.7
prompt payment. .... .......... ......... ......... ....8.3
Schedule of Values .................................. 14.1
Substantial Completion ......................... 14.8- J4.9
Waiver of Claims .................................. 14.15
when payments due .......................... I...... 14.13
'withholding payment .............:.................. 1'4.7
Perfonnance Bonds .............. ...................5.1-5.2
Pennits ............................................ ...6.13
9
Articl~ (N Paralr."
Numb"
~m-
definition of ...................................,.... 1.30
acncraI .............................................. 4.'
OWNER's responsibility for .. ......................8.10
Pbysic:aJ Conditions-
Drawinas of. in or relatitw to ..................... 4.2.1.2
ENGINEER's review ........ ....................... ".2.4
existina structures ............. .. . . . . . . . . . . . . . . . . . . . ".2.2
aeneraI ........................................... 4.2.1.2
Subsurface and. .......................... . . . . . . . . . . . . 4.2
Und.,.... Jnd Facilities ...............................4.3
Possible Contract Documents Chance ............... ".2.5
Possible Price and Tunes Adjustments .............. ".2.6
R... " ~ and Drawings ...... .. . .. . .. . . . . . . . . . . . . . . . . 4.2.1
Notice << Differing Subsurface or. .................. 4.2.3
Subsurface and ...................................... ".2
Subsurface Conditions ............................ ".2.1.1
Tec:hnic:aI Data. Limited Reliance by
CONTRACTOR Audlorized .................... ".2.2
Underground Facilitie$-
..",... ..I .......................................... 4.3
Not Shown or L l"..., ,ed ....................... ".3.2
Protection of ............................... ".3. 6.20
Shown or Indicated ............................ ".3.1
Tec:hnic:aI Data ..................................... ".2.2
r" .....buc:tion Confereoce ............................ 2.8
Preliminary Matters ........ ..............................2
Preliminary Schedules .................................. 2.6
Premises. Use of ................................. 6.16-6.18
Price. Chanse of Contract ............................... II
Price. 0.., .t-definition 0( .......................... 1.11
P.......5 Payment. A....l' ...,:005 for .................... 1".2
P.... ...s payment-retama,e .......................... 1".2
p, ..' ~... schedule. CONTRACroR.s ..... 2.6. 2.8. 2.9. 6.6.
6.29. 10.4. 15.2.1
P: ,.; ...~nition of ....... ...... ....... .............. 1.31
Pc.; ..., R..........entative-
ENGINEER.s StahIs IMina Construction. . . . .. . . . . . . 9.3
~ .; ... R_.. ....entative. R .... ~. ,t
--4e1inition of ...................................... 1.33
prompt payment by OWNER. . " . . . . . . . . . . . . . . . . . . . . , . . 8.3
p'" . It' .' .J 1ft5Uran<:e
Additional ........................................... 5.7
tenerII .......................................... 5.6-5.10
Partial Ulilization ........................... 5.15. 14.10.2
. .,,':1'1 and application C'I
proceeds .................................. 5.12-5.13
Protection. Safety and .................... ... 6.20-6.21. 13.2
Punch list ............................................ 14.11
Radioactive Material-
definition ........................................... 1.32
.. ". .,.J ........... . .. .. ... .. .. . . .. .. .. .. .. . . .. . . . . .. . 4.5
OWNER.s responsibility for ........................ 8.10
R~",'""mcndation of Pa}'mCllt .............. 14.4. 14.5. 14.13
Rcc:ord Documents .............................6.19.14.12
~, procedures for maintainina .................... 2.8
Reference Points.. ............ .........................4.4
Reference to Standards and Specifications
of Tec:hni<:al Societies ................................ 3.3
I i!
Art;c1~ or /'Qralraplt
Numlwr
Reaulations. Laws and (or) ............................ 6.14
Rejec:tina Ocfec:tive Wort . . . .... . . .. .. .. '" . .. . . . . . . .. . . 9.6
Related Wort-
at Site ...........................................7.1-7.3
Perf. ..".j prior to Shop Drawinp
and Samples submittals review ............ .. .. . . 6.28
Remedies. cumulative............................ 17.... 17..5
Removal or C_.,wwbon of
Defec:tive Work .................................... 13.11
rental aarecments. OWNER approval
required ...................................... 11.4"s.3
replacement of ENGINEER. by OWNER .............. 8.2
Reporting and Resolvina Disw, w.....ncies .... 2..5. 3.3.2, 6.14.2
Reports-
and Drawinp ...................................... 4.2.1
and Tests. OWNER's responsibility ,................. 8.4
Resident Project Representative-
definition of ........................................ 1.33
provision for ......................... . . . . . . . . . . . . . . .. 9.3
Resident Superintendent, CONTRACTOR's ............. 6.2
Responsibilities-
CO~R's-in acneral ...........................6
ENGINEER's-in general .............. ........... '" ...9
Limitations on ....................................9.13
OWNER's-in general .................................. 8
Retainagc ............................................. J4.2
Reuse of Documents ................................... 3.7
Review by CONTRACroR: Shop Drawinas
and Samples Prior to Submittal ...................... 6.25
Review of Applications for F ,..,....s
Payments ...................................... 14.4-J4.7
Right to an adjustment ................................ 10.2
Riahts <<Way .......................................... ".1
Royalties, Patent Fees and .............................6. J2
Safe Structural Loadina ............................... 6.18
Safety-
and Protec:tion ....... 4.3.2. 6.16. 6.18, 6.20-6.2J. 7.2, 13.2
..... w"..) ........................................ 6.20-6.23
Representative. CONTRAClOR's ...................6.21
SampIcs-
definition 0( ........................................ 1.34
aencral .. .. .. . .. .. .. . . . . .. .. .. . .. . . . .. .. . .. .. . . 6.24-6.28
Review by CONTRACTOR ......................... 6.25
Review by ENGINEER ....................... 6.26. 6.27
related Work .. ........... .......... ....... ....... ...6.28
submittal of ....................................... 6.24.2
submittal procedures ................................ 6.25
Schedule of p.,...w...s ..... 2.6. 2.8-2.9. 6.6. 6.29. 10.4. 15.2.1
Schedule of Shop Drawing and Sample
Submittals ....................... 2.6, 2.8-2.9. 6.24-6.28
Schedule of Values. " . . ... . . . ... . . . . . . .. " 2.6. 2.8-2.9. 14.1
Schedules-
Adherence to ..................................... 15.2.1
Adjusting ............................................ 6.6
Change of Contract Times ..... ..................... 10.4
Initially Acceptable ............................... 2.8-2.9
Preliminary .......................................... 2.6
Scope of Changes .............................. 10.3-10.4
Subsurface Conditions .............................. 4.2.1.1
10
Arliclt or Para,raph
NllmINr
Shop Drawinp-
and Samples.lene~ ........ ...................6.24-6.28
Chan&e Orden (\ Applications ror
Paywnents. and ............................... 9.7-9.9
definition of ........................................ 1.3S
ENGINEER.s approval ~ ............ .... .... .....3.6.2
ENGINEER.s responsibility
for "I. :.w ............................... 9.7.6.24-6.28
related Wort ........................................ 6.28
review .. " ... JUre! ......................... 2.8, 6.24-6.28
submittal required ................................. 6.24.1
Submittal Procedures ............................... 6.25
use to approve substitutions ........................ 6.7.3
Shown or Indic::aled ................................... 4.3.1
Site A,.......... ....................................... 7.2. 13.2
Site Cleanliness ....................................... 6.17
Site, Visits ~
by ENGINEER ................................ 9.2, 13.2
by othen ........................................... 13.2
"s.. ...:..1 causes or loss" policy form. insurance .......5.6.2
Specifications-
definition of ........................................ 1.36
~ Technical Societies. reference to ................. 3.3.1
.. . .... ~ ..., ... . . . . . . . ... . .. . . . . . . . . .. . . . . . . . . . .. . . . . .. 3.3.3
Standards and Specifications of Technical
Societies .......................................... 3.3
Startina Construction. Before ....................... 2.S-2.8
Startina the wort ... ............ ............. ... .......2.4
Stop or Suspend Wort-
by CONTRACTC>R ........... ...... .......... ...... 15.5
by OWNER ............................. 8.8. 13.10, 15.1
SIoraec of materials and equipment................. 4.1. 7.2
Struc::turaI Loading. Safety........ . ... .. . . . . . . . . . . . . . . . 6.18
Subc. ,,,:.,. ..tor-
Concerning. ..................................... 6.8-6.11
definition of ........................................ 1.37
delays .............................................. 12.3
waiver ~ ripts .....................................6.11
&1. ..,~n seneral .............. ..........6.8-6.11
Su:. .. "lraCts-required provisions ........ S.II. 6.11, 11.4.3
Submittals-
Applications for Payment ........................... 14.2
Maintenance and Ot' ....~oo Manuals ............... 14.12
",. ....lures .........................................6.25
P. .... ...... Schedules .............................. 2.6. 2.9
Samples ....................................... 6.24-6.28
Sc:hcdule of Values ............................. 2.6, 14.1
Schedule of Shop Drawings and
Samples Submissions .................... 2.6. 2.8-2.9
Shop Drawings ................................. 6.24-6.28
Substantial Completion-
certification of ........................6.30.2.3. 14.8-14.9
definition of ........................................ 1.38
Substitute Construction Methods or Procedures ....... 6.7.2
Substitutes and "Or Equal" Items ...................... 6.7
CONTRACTC>R's Expense....................... 6.7.1.3
ENGlNEER.s Evaluation ........:................. 6.7.3
"Or-Equal" ........................................6.7.1
Substitute Construction Methods ~ Procedures ..... 6.7.2
I II
Arliclt or Para,raph
NllmMr
Substitute Items.................................. 6.7.1.2
Subsurface and Physical Conditions-
Drawinas of. in or relatina to ..................... 4.2.1.2
ENGINEER's Review. ............ ...... ..........4.2.4
aeneral .............................................. 4.2
Umited Reliance by CONl'lVa.. I vR
Authorized .................................... 4.2.2
Notice of Differing Subsurface or
Physical Conditions ................................ 4.2.3
Physical Conditions ......... .. . . .. .. . . .. .. .. . . .. .. .. 4.2.1.2
Possible Contract Documents Change ................. 4.2.5
Possible Price and Times Adjustments ................ 4.2.6
Reports and Drawings. .......... .....................4.2.1
Subsurface and ...................................... 4.2
Subsurface Conditions at the Site ................. 4.2.1.1
Technic:aJ Data ..................................... 4.2.2
Supervision-
CONTRACTOR's responsibility ......................6.1
OWNER shaJl not supervise ......................... 8.9
ENGINEER shall not supervise............... 9.2.9.13.2
Superintendence ....................................... 6.2
Superintendent. CONTRACTOR's resident ........... 6.2
Supplemental costs .................................. I 1.4.5
Supplementary Conditions-
definition of ........................................ 1.39
principal reference to .... 1.10, 1.18. 2.2. 2.7. 4.2, 4.3. 5.1.
5.3.5.4.5.6-5.9,5.11,6.8,6.13.7.4.8.11,9.3.9.10
Supplementing Contract Documents .................... 3.6
Supplier-
definition of ........................................ 1.40
principal references to.................. 3.7, 6.5. 6.8-6.11.
6.20,6.24.9.13.14.12
Waiver of Rights .................................... 6.11
Surety-
consent to final payment. .. .. ..... .. .. ... .... 14.12. 14.14
ENGINEER has no duty to . ......... ..... ..........9.13
Notification d ........................... 10.1. 10.5. 15.2
qualification of ................................... 5.1-5.3
Survival of Obligations ................................ 6.34
Suspend Wort. OWNER May .................. 13.10. IS. 1
Suspension of Wort and Tennination- .................. 15
CON1"RAL. I vR May Stop Work or
Terminate ........................................ 15.5
OWNER May Suspend Wort ..... ..................15.1
OWNER May Tenninate ....................... 15.2-1'.4
Taxes-Payment by CONTRAL lvR .................... 6.15
Tcchnic:aJ Data-
Urnited Reliance by CONTlVCl'OR ............... ".2.2
Possible Price and Tunes Adjustments .............. 4.2.6
Reports of Differing Subsurface and
Physic:aJ Conditions .............................. 4.2.3
Temporary construction facilities ........................ ".1
Tennination-
by CONTRh..lvR ..... ........ .... ...... ..........15.5
by OWNER ............................... 8.8. 15.1-15.4
of ENGINEER's employment.. .. ., .. .. . ............. 8.2
Suspension of Work-in genenal ..................... ... IS
Tenns and Adjectives .................................. 3.4
Tests and Inspections-
11
Arlic/~ or /'rua"."
Nfl".}",
A . . ~ " ID the Wort. by others ...................... 13.2
~R'sRsponsibiJjties .................... 13.5
~ 01.............................................. 13...
ClIJWIeriaa Work prior to ......................... 13.~ 13. 7
Laws .. Rqulations (or) .......................... 13.5
l'faIiceafDefects ................................... 13.1
OWNB May Stop Work ............... .'.......... 13.10
OWNErs independent testina ...................... 13."
spec8I. NqUired by ENGINEER ..................... 9.6
IiIIII::Iy .uIice required ............................... 13.4
~ the Work. at ENGINEER.s
n=qlIat .................................... 13.~13.9
T~
.....~ ........... .. . .. . . .. .. .. . . . .. .. . . .. . . . . .. . . . 6.6
~afContnlCt ...................................12
...... ........... . . . . . . . . . . .. .. . . . . .. . . . . . . . . . . .. . 6.6
~~of .....................................17.2
CaIIIratt Ti~efinition of ....................... 1.12
- ............................................... .17.72
m_,~. I ~I ...........................................12
~
appc.Is .......................................... 16
dalu..lS. claims and
dispJtes .... ........... ..... .... .. . .. 9.11. 11.2. 12
~cment of contract times ........ . .. .. . .. . .. 2.3
~uction conte.,...... ............... .. . . . . .. .. 2.8
~ .................................2.6.2.9.6.6
~ Ihe Work .................................. 2.4
TJdc. ~ of ..................................... 1".3
V"'f'IJ .a...1Vork ................................ 13.~13.9
V~.~ Facilities. Physical Conditions-
.1.. - '1. af ........................................ 1."1
!tal SboIIII or Indicated ............................ ".3.2
a--~- of ................................... 4.3. 6.20
..... or Indicated ................................ ".3.1
Vail Pri&:c -.t-
~ ........ .......... .... ...................... 11.9.3
~..~ af ........................................ 1."2
.r n ulll .................................. 11.9. 14.1. 14.5
Vail"l
~ ............. ......... ........ .... ...... ... 11.3.1
DIIU~ for ...................................9.10
Use f'llPIaIis....; ........................6.16,6.18.6.30.2.4
U"'oawa ......................6.13,6.20,7.1-7.3, 13.2
Art;cI~ 0' Para"."
Nflmlw,
Utilization. Partial ............... 1.28. S.IS. 6.30. 2.4, 14.10
Value oI'the Work..... ........... ....... ........ ... ... 11.3
Values. Schedule of ....................... 2.6. 2.8-2.9, 1".1
Variations in Work-Minor
Authorized................................ 6.25, 6.27. 9.'
Visits of Site-by ENGINEER ......................... 9.2
Waiver of Claims-on Final
Payment ........................................... 14.15
Waiver of Riahts by insured parties ............... 5.11. 6.1 1
Warranty and Guarantee. GeneraJ-by
CONTRACTC>R .................................... 6.30
Warranty oI'Title. CONTRACTOR's ................... 14.3
Work-
Ac::cess to ........ .. . .. .. .. .. .. . . . . .. . . .... .. . . '" ... 13.2
by others. .............................................7
Changes in the ....................................... 10
Continuing the. ..................................... 6.29
CONTRACTC>R May Stop Wort
or Tenninate ................................... 15.5
Coordination of ......................................7...
Cost of the ..................................... 11.4-11.5
definition of ........................................ 1."3
neglected by CONTRACTOR ...................... 13.14
otherWork ............................................ 7
OWNER May Stop Work ...... ....................13.10
OWNER May Suspend Work ................. 13.10. 15.1
Related. Work at Site ............................. 7.1-7.3
Startina the .......................................... 2.4
Stoppina by CONTRAClOR ........................ 15.5
Stoppina by OWNER .......................... 15.1-1'.4
Variation and deviation authorized.
minor ........................................... 3.6
Work Chanae Directive-
claims pursuant to .................................. 10.2
definition of ........................................ 1.44
principal references to .................... 3.5.3. 10.1-10.2
Written Amendment-
definition of ........................................ ....,
principal references to ... 1.10. 3.5, 5.10. 5.12, 6.6.2. 6.8.2.
6.19. 10.1. 10.4, 11.2, 12.1. 13.12.2. 14.7.2
Written Oarifications and
Interpretations ........................... 3.6.3. 9.4, 9.11
Written Notice Required-
by CONTRACTOR ........ 7.1. 9.10-9.11.10.",11.2. 12.1
by OWNER. .. .. .. . .. . .. .. . .. ..9.10-9.11. 10.", 11.2. 13.14
12
GENERAL CONDmONS
ARTICLEI-DEAN~S
Wherever used in these General Conditions or in the other
ConllXt Documents die foIlowina terms have the mcaninp
indicated which are llpIlIiabIe to both the singular and plural
1bereoI':
1.1. Add~nda-WriIa or graphic instn1ments issued prior
10 the opcnina of Bids _h clarify, c~..~..t or chanae the
Biddina Requirements.1bc Contract Documents.
1.2. A,r~~nu'nI-ne written contract between OWNER
n CONTRACTOR CGI'Crina the Work to be performed; other
Contract Documents aRlllaChed to the Agreement and made
a part thereof as proviIW therein.
1.3. Applicalion/OT""m~nI-The form accepted by EN-
GINEER which is to bused by CONTRACroR in requcstina
......55 or final paylJXlls and which is to be accompanied by
suc:h SUr.. ' , ~~na docWllCDlllion as is required by the Contract
Documents.
1.4. As~stos-AIJJ material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above cuaat action levels established by the
United States Occupablllll Safety and Health Administration.
1.5. Bid-The ofI'erCll'proposaJ of the bidder submitted on
the prescribed form sdIiaa forth the prices for the Wort to be
performed.
1.6. Bidding Docu.tC-The advertisement or invitation
10 Bid, instructions tolidders. the Bid form. and the p........eeI
Contract Documents (ilcWing all Addenda issued prior to
receipt eX Bids).
1.7. BiJdin, Rtqlliavnls-The advertisement or invita-
tion to Bid. instr\lc:ti(g to bidders, and the Bid form.
1.8. BoIIds-Pcrf~ and Payment bonds and other
instruments eX scc:uritJ.
1.9. ChDng~ OnIn-Adocumcnt rec:ommcndcd by ENGI-
NEER. which is sipelIllJ CONTlVtr...lvR and OWNER and
authorizes an addition.*ktion or revision in the Wort. or an
adjustment in the COIIIDd Price or the Contract Tunes, issued
on or after the Effec:tiw Date of the Agreement.
1.10. Contract o..unts-The Agreement. Addenda
(which t' _;...in to the c.na Documents). CONTRACTOR's
Bid (including documcIIaIion accompanying the Bid and any
post Bid documcntatiaa submitted prior to the Notke of
Award) when attacW _ an exhibit to the Agreement. the
Notice to P... ...~..J. the Bonds, these General Conditions. the
Supplementary CondiIiiDas. the Specifications and the Draw-
mas as the same are .n specifically identified in the Agree-
ment. topthcr with all Written Amendments. Chanac Orden.
Work Chanae Directives, F'leld Orden and ENGINEER.s
written intcf1)f'Ctations and c:1arific:ations issued punuant to
paraaraphs 3.', 3.6.1. and 3.6.3 on or after the Effective Date
of the A..~... r.t. Shop Drawina submitlals approved punu-
ant to paraaraphs 6.26 and 6.'l7 and the reports and drawinp
referred to in ~s 4.2.1.1 and 4.2.2.2 are not Contract
Documents.
1.11. Contract Pric~'The " .,'S payable by OWNER to
CONTRltCTOR for completion of the Work in accordance
with the Contract Documents u stated 'in' the A......" :".t
(subject to the provisions of paracraph 11.9.1 in the case of
Unit Price Wort).
1.12. Contract TtnU's-'The nwnbcn of days or the dates
stated in the Aarecment: (i) to achieve Substantial Completion,
and (ii) to complete the Wort so that it is ready for final
payment as evidenced by ENGINEER's written recommenda-
tion of final payment in accordance with paragraph 14.13.
1.13. CONTRACroR- The person, firm or co. t'w' ..tion
with whom OWNER has entered into the Agreement.
1.14. dt/tctivt-An adjective which when modifyina the
word Work ref en to Work that is unsatisfactory, faulty or
deficient, in that it does not conform to the Contract Docu-
ments, or does not meet the requirements of any inspection,
reference standard, test or a.,...., II referred to in the
Contract Documents, or has been damaged prior to ENGI-
NEER's recommendation of final payment (unless responsi-
bility for the protection thereof has been assumed by OWNER
at Substantial Completion in acc:of'dancc with paragraph 14.8
or 14.10).
1.1'. Drawings-The drawincs which show the scope.
extent and character of the Wort to be furnished and per-
fonned by CON1'RAl..l vR and which have been prepared or
a.,.... '.' , ved by ENGINEER and are rd'cmd to in the Contract
Documents. Shop drawinp are DOl Drawinp as so defined.
I. 16. E;ff~ctiv~ Dau O/IM Atrw~nt- The date indicated
in the A.. ..,.....cnt on which it l..., ,. "' effective, but if no such
dale is indicated it means the dale 011 wbic:b the Ap'eemcnt is
..:... . J and delivered by the last of the two parties to sip and
deliver.
1.17 . ENGINEER-The penon. firm or corporation named
as su<:h in the AgreemenL
1.18. ENGINEER's COlISultQIIJ-A person. firm or ~
ration havina a contract with ENGINEER to furnish servK:cS
as ENGINEER's independent professional associate or con-
sultant with respect to the Project aDd who is identified as su<:h
in the Supplementary Conditions.
I .19. Fi~/d Ord~r-A written order issued by ENGINEER
which orders minor chanaes in the Wort in accordance with
paragraph 9.S but which does DOt involve a change in the
Contract Price or the ContnlCt TIIDCS.
13
1.20. (dMraJ R~qu;m'wltlS-Sections 0( Division I 0( the
Specifications.
1.21. HauudotU .Wtut~The term Hazardous Waste shall
have the meanina provided in Section 1004 of the Solid Waste
Disposal Act (42 use Section 69(3) as amended from time to
time.
1.22. Laws aNi R~guJal;OIIS; LAws or Rtgulations-Any
and all applicable laws, rules. regulations, ordinances. codes
and orden of any and aD JOvemmentaJ bodies. agencies.
authorities and courts having jurisdiction.
1.23. lkns-Liens, charaes, security interests or encum-
brances upon real propeny or personal II" ... .. .y.
1.24. MiI~stoM-A principal event specified in the Con-
tract Documents relating to an intermediate completion date or
time prior to Substantial Completion of all the Work.
1.1S. Notiu 0/ Award-The written notice by OWNER to
the apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein, within the time specified, OWNER will
sian and deliver the A.. n..~nt.
1.26. Notic~ to Procud-A written notice given by OWNER
to CONTRACTOR (with a copy to ENGINEER) fixing the
dale on which the Contract Tunes will commence to run and on
which CONTR.ALluR shaD start to perform CONTRAC-
TOR's obligations under the Contract Documents.
1.27. OWNER-The public body or authority. corponl_
lion, association. firm or person with whom CONTRACTOR
has entered into the Agreement and for whom the Wort is to be
provided.
1.28. PurtiaJ Utiliultion-Use by OWNER of a substan-
tiaDy completed pan 0( the Work for the purpose for which it is
int ... ~ . J (or a related purpose) prior to Substantial Completion
cI aD the Wort.
1.29. PCBs-Polychlorinated biphenyls.
1.30. htrol~um-Petroleum. induding crude oil or any
fiaction thereof which is &quid at standard conditions 0(
t.".... .':'Jre and pressure (60 d.....s Fahrenheit and 14.7
pounds per square inch absolute). such as oil. petroleum, fuel
oil, oil sludge, 011 refuse, gasoline. kerosene. and oil mixed with
other non-Hazardous Wastes and crude oils.
1.31. Pro~ct- The total construction of which the Work to
be provided under the Contract Documents may be the whole,
or a part as indicated elsewhere in the Contract Documents.
1.32. Radioactiv~ Mat~riaJ-Source. special nuclear. or
b) ,,/,. . J Jet material as defined by the Atomic Energy Act of
19St (42 use Section 2911 et seq.) as amended from time to
time.
1.33. R~sid~1tI Proj~ct R~pr~s~ItIQtiv~- The authorized
., .... ...entative of ENGINEER who may be assianed to the site
or any pan thereof'.
1.34. Samplts-Physical examplesof' materials, equipment,
or wortrnanship that are representative of some portion of the
Work and which establish the standanfs by which such portion
0( the Wort will be judged.
1.35. Shop Drawings-All drawinas. diagrams. ilIustla-
tions. schedules and other data or information which are
specifically prepared or assembled by or for CONTRAC1OR
and submitted by CONTIVCroR to illustrate some portion of
the Work.
1.36. Sp~cijications- Those portions of the Contract Doc.
uments consisting of written technical descriptions of materi-
als, equipment. consttuction systems. standards and workman-
ship as applied to the Wort and certain administrative details
applicable thereto.
1.37. Subcontractor-An individual. firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work
at the site.
1.38. Substantial Comp/~tion-The Work (or a specified
pan thereoO has p.....ssed to the point where. in the opinion
of ENGINEER as evidenced by ENGINEER's definitive
certificate of Substantial Completion, it is sufficiently c0m-
plete, in accordanc:e with the Contract Documents, so that the
Work (or specified pan) can be utilized for the purposes for
which it is intended; or if no such certificate is issued, when the
Wort is complete and ready for final payment as evidenced by
ENGINEER's written ~ndation of final payment in
accordance with paragraph 14.13. The terms "substantially
complete" and "substantially completed.. as applied to all or
pan of the Work refer to Substantial Completion thereof.
1.39. Supp/~m~ntary Conditions-The pan of the Contract
Documents which amends or suppl.... ....ts these General Con-
ditions.
1.40. Suppli~r-A manufac:turer, fabricator, supplier. dis-
tnOOtor. materialman or vendor havina a direct contract with
CONTRAC'IOR or with any Subcontractor to furnish materi-
als or equipment to be incorporated in the Work by CON-
TRAL IvR or any Subcontractor.
1.41. UNi~rground Facilitks-AD pipelines. conduits. ducts,
cables. wires. manholes. vaults. tanks, tunnels or other such
facilities or attachments. and any encasements containing such
facilities which have been installed underground to furnish any
o(the fOllowing services or materials: electricity, gases, steam.
liquid petroleum products. telephone or other communica-
tions. cable television. sewage and drainage removal. traffic: or
other control systems or water.
1.42. Unit Pric~ Work-Work to be paid for on the basis of
unit prices.
14
1.43. Wcri- The entire completed construdion or the var-
.. scparalely identifiable paI1S thereof' required 10 be fur-
8shed under the Contract Documents. wort includes and is
-.e result of perfonnina or fumishina labor and fumishina and
~ .... ~, dina malerials and equipment inlO the construction.
.. perfonnina or fumishina services and furnishina docu-
...u. all as Rquired by the Contract Documents.
1.44. Woti: CIuJnB~ Dir~cliv~A written directive 10 CON-
DACTOR. issued on or after the Effective Date of the
AFement and sianed by OWNER and recommended by
ENGINEER. ordering an addition, deletion or revision in the
1bIt. or responding to differilll or unforeseen physical condi-
... under which the Work is to be pe.f;......ed as provided in
,..aaraph ".2 or ".3 or to eme.._....:es under paraaraph 6.23. A
1bIt Change Directive WIll DOl chanae the Contract Pric:e or
die Contract Times. but is evidence that the parties expect that
IIle change directed or documented by a Work Change Direc-
be will be inco.........ted in a subsequently issued Change
Order followina negotiations by the parties as to its effect, if
Illy. on the Contract Price or Contract Times as provided in
peraaraph 10.2.
1.45. Wrill~n AmendmenJ-A written amendment of the
Contract Documents, signed by OWNER and CONTRAClOR
_ or after the Effective Date of the A.. _ ....ent and normally
4ealing with the nonenaineerins or nontechnical rather than
lIridIy construction-related aspects of the Contract Docu-
-.als.
ARTICLE 2-PRELlMlNARY MATTERS
AIHI7 of BoNIs:
2.1. When CONTRACIOR delivers the executed Agree-
lab to OWNER. CON1'JV.C'1()R shall also deliver to
OWNER suc:h Bonds as CON1'RALlvR may be required to
llmish in accordance with paraaraph 5.1.
C4Jia of Doamwlfll:
2.2. OWNER shall furnish to CONTRACIOR up to ten
, . ~ . .... (unless otherwise specified in the Supplementary Con-
4iIions) of the Contract Documents as are reasonably neees-
.-y for the execution of the Work. Additional copies will be
ftanished, upon request, at the cost of reproduction.
~1IC~lMnI 01 ConlraCt rilMs; No&, 10 ProeMl:
2.3. The ConlJaCt Tunes will com........e to nm on the thirti-
db day after the Effective Date of the Agreement. or, if a Notice
II) Proceed is given. on the day indicated in the Notice to r. .. ..... J.
A Notice to p, w ......J may be given at any time within thirty days
... the Eft'ec:tive Date of the Ae,........J. In no event wiD the
Contral:l Tunes com... .. ,e to run later than the sixtieth day after
the day of Bid openilll or the thirtieth day after the Effective 0IIe
of the Ar . .ment. whichever date is eartier.
SI411i1lr 1M wGtt:
2.4. CONTRACTOR shall start to perform the Work on the
date when the Contract Times commence to run, but no Work
shall be done at the site prior to the date on which the Contract
Times commence to run.
B,/on SIiJltinr Conslnldion:
2.S. Before undertaking each part of the Work, CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly.... .... ~ in writina to ENGINEER any
conftict. error, ambiguity or discrepancy which CONTRAC-
TOR may discover and shall obtain a written interpretation or
clarification from ENGINEER before proc:eedilll with any
Work affected thereby; however. CONTRAL IV". shall not be
liable to OWNER or ENGINEER for failure to report any
conftict, error, ambiguity or discrepancy in the Contract Doc-
uments, unless CONTRALlvR knew or reasonably should
have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements),
CONTRACTOR shall submit to ENGINEER for review:
2.6.1. a preliminary p.....ss schedule indicating the
times (numbers of days or dates) for starting and completins
the various stases of the Work. including any Milestones
specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and Sam-
ple submittals which will list each required submittal and the
times for submitting. reviewing and processing such submit-
tal;
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
ae.. ~.,..ting the Contract Price and will subdivide the Wort
into component parts in sufficient detail to serve as the basis
for p. ........5 payments durilll construction. Such prices will
include an a..... .... '.le amount of ove.~. ... J and profit appli-
c:abIe to each item of Work.
2.7. Before any Work at the site is started, CONTRAL IvR
and OWNER shall each deliver to the other. with copies 10
each additional insured identified in the Supplementary Condi-
tions. c:ertilic:ates of insurance (and other evidence of insurance
which either of them or any additional insured may reasonably
request) which,CONTRAClOR and OWNER respectively are
required to purchase and maintain in accordance with para-
graphs S.4. S.6 and S.7.
PrlconstiuctitHt Con/~",,":
2.8. Within twenty days after the Contract Times start to
run, but before any Work at the site is started. a conference
15
ancnded by CON'l'RAl.lvR. ENGINEER and ochers u ~
propriate wiD be Wd 10 establish I woritina undentandin,
amona the panics 1$ 10 the Work and to discuss the schedules
refcned 10 in .-npaph 2.6, procedures for handlin, Shop
Drawinp and ocbcr submittals, processina Applications for
Payment and maidainina required records.
IIIitit1IlJ Acupm>> Sd<<IaIa:
2.9. Unless oGerwise provided in the Contract D0cu-
ments. at least tea days before submission of the first Applica-
tion for Paymenll conference attended by CONTRACroR.
ENGINEER and others as appropriate wlll be held to review
for" .....r ...bility to ENGINEER as provided below the sched-
ules submitted in accordance with paragraph 2.6. CONl'IVtC-
lOR shall have an additional ten days to make c.w..ww.:Ons and
adjustments and to complete and resubmit the schedules. No
r ......... payment shaJJ be made to CONTRACTOR until the
schedules are submitted to and acceptable to ENGINEER as
provided below. The ....~....ss schedule WIll be acceptable to
ENGINEER as providing an orderly p. w ......sion of the Work
to ...."...pIetion witbiB any specified Milestones and the Contract
Tunes, but such h......anC-e will neither impose on ENGI-
NEER.w~ .....sibililyforthe sequencing. scheduling or P' .......s
of the Wort nor inlerfere with or relieve CONTRACTOR from
CON'TRACTOR'sfidl responsibility therefor. CONTRACroR's
schedule of Shop Drawing and Sample submissions wiD be
acceptable to ENGINEER as providing a workable arrange-
ment for reviewq and processin, the required submittals.
CON'l'RACTOR.s schedule of values WIll be acceptable to
ENGINEER as to fGnn and substance.
ARTICLE J--..vu I r.K:f D<X:UMENTS: INTENT,
AMENDING. REUSE
III/aI:
3.1. The ContJzt Documents comprise the entire agree-
ment between OWNER and CONTRACTOR c:onceming the
Wort.. The Contrad Documents are complementary; what is
called for by one illS binding as if called for by all. The
Contract DocumealS will be construed in acc:onfanc:e with the
law of the place of tie Project.
3.2. It is the inial of the Contract Documents to descnbe
a functionaRy complete Project (or pan thereoO to be c0n-
structed in accont.ce with the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents or from prevailing custom or
trade usaae as be.. n:quired to produce the intended result
WIll be fUrnished ... perfonned whether or not specifiaDy
called for. When wads or phrases which have a well- known
rechnical or construc:lion industIy or trade meaning are used 10
describe Wort. malCrials or equipment, such words or phrases
shall be interpreted in accordance with that meaning. Clarffi.
~""---_.--,. "
cations and interpretations of the Contract Documents shall be
issued by ENGINEER as provided in pancraph 9....
3.3. Rt/ln,," to SIImtI4nIs IIIId S~ 01 Tlclutal
SoddU'; R,.,. ,,;., and R"obUtr DUa.ptJItcia:
3.3. I. Reference to standards. specifications. manuaJs or
codes of any technical soc:iety, orpnization or assoc:iation.
or to the Laws or Regulations of any governmental authority.
whether such reference be specific: or by implication, shall
mean the latest standard, specification. manual. code or
Laws or Regulations in effect at the time of opening of Bids
(or. on the Effective Date of the Acrcement if there were no
Bids). except as may be otherwise specifically stated in the
Contract Documents.
3.3.2. If. during the performance of the Work. CON-
TRACTOR discovers any conftict, error, ambiguity or dis-
crepancy within the Contract Documents or between the
Contract Documents and any provision of any such Law or
Regulation applicable to the performance of the Work or of
any such standard. specification. manuaJ or code or of any
instnJc:tion of any Supplier rel:.....J to in paragraph 6.5,
CONTRACroR shall repon it to ENGINEER in writing at
once. and. CONTRACToR shall not proceed with the Work
affected thereby (except in an emergency as authorized by
paragraph 6.23) until an amendment or supplement to the
Contract Documents has been issued by one of the methods
indicated in paragraph 3.5 or 3.6; provided. however. that
CONTRACroR shall not be liable to OWNER or ENGI-
NEER for failure to report any such conflict, error. ambigu-
ity or discrepancy unless CONTRACTOR knew or ~
ably should have known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by amendment
or supplement thereto issued by one of the methods indi-
cated in paragraph 3.5 or 3.6. the provisions of the Contract
Documents shall take Precedence in resolving any conftic:t.
error. ambiguity or discrepancy between the provisions of
the Contract Documents and:
3.3.3.1. the provisions of any such standard, "p ...:_
fic:ation. manual, c:ode or instnJc:tion (whether or not
specific:ally inc......... eJed by ref_.w....: in the Contract
Documents); or
3.3.3.2. the provisions of any such Laws or Regu-
lations applicable to the perfonnance of the Worit
(unless such an interpretation of the provisions of the
Contract Documents would result in violation of such
Law or Regulation).
No provision of any such standard. specification. manual,
code or instruction shall be effective to change the duties and
responsibilities of OWNER, CONTRACTOR or ENGIN EER.
or any of their subcontractors. consultants. agents. or em-
ployees from those set forth in the Contract Documents. nor
shall it be effective to assign to OWNER. ENGINEER or
any of ENGINEER's Consultants. agents or employees any
duty or authority to supervise or direct the furnishing or
16
pafonnanec ~ the wort or WI duty 0( authority to under.
take responsibility inconsiSlal with the provisions ci pari-
..... 9.13 0( any other I"'tlfision or the Contract Doc:u.
mcnIS.
3.4. Whenever in the ConInct Documents the terms "as
ordered," "as directed," "u required," "as allowed," "as
.. .,' .' . J" or terms of like e&d or import are used, 0( the
adjectives "reasonable," "suilllllc:' "acceptable,'. "proper'.
or ..satisfactory" or adjectiva . like effect or import are
used to deKribe a requirelDCll, direction, review or judl-
ment << ENGINEER as to the Work. it is intended that such
~ment, direction. review or judgment wiJI be solely to
evaluate, in .eneral, the cOllJlleted Work for compliance
with the requirements of ani iaformation in the Contract
Documents and c:onformance willa the desil!' concept of the
completed F..; ..1 IS a fuaaioRina whole IS shown or
indicated in the Contract Documents (unless there is a
specific statement indicatilll adlerwise). The use of any such
term or adjective shall not be effective to assign to ENGI.
NEER any duty or authority to supervise or direct the
fumishin, 0( perf.. ......nee . tile Work or any duty or
authority to undertake respolISibllity contrary to the provi-
sions 0( paragraph 9.13 or any other provision of the
Contract Documents.
.bIa6r - SIIppk-1IIiItr c..act DocIllMIIb:
3.5. The Cootrxt 00c:umcIts may be amended to provide
for additions, deletions andi. ~.,'. . 5 in the Work or to modify
the terms and cond.i:... theralfiDone or, ... of the following
ways:
3-'.1. a formal Written Amendment,
3-'.2. . 0Ian&c Order (pJrsuant to paragraph 10.4). or
3-'.3. a Work Cwtae IIRctive (pursuant to
p8r.I&r'8Ph 10.1).
3.6. In addition, the requiRmcnts of the Contrxt Doc:u-
meats may be suppl,.,.,..",ed,_ minor variations and devia-
tions in the Wort may be 1IIIIIlorized, in one or more of the
folowina ways:
3.6.1. . FIdd Order (pIrsuBlt to paragraph 9.5), ,
3.6.2. ENGINEER.s IfIIIOYII of a Shop Drawina 0(
Sample (pursuant to par3IJIIIIIs 6.26 and 6.27), 0(
3.6.3. ENGINEER.s wriaaI int_.,..wtation or clarific:a-
lion (pursuant to ~'.4).
Re.. of DocIllMlllJ:
3.7. CONTRAClOR, and III)' Subcontractor or Supplier
or other pcr50n 0( Orpnizatioa performing or fumishin, any of
the Wort under a direct or -= contract with OWNER (i)
shaD not have or acquire any.to or ownership rights in any
of the Drawinp. Spec:iftc:ations 0( other doc:uments (0( .., . ..
ci any thereof) prepared by or bearinc the seal ci ENGINEER
or ENGINEER's Consultant. and (ii) shall not reuse any of
such Drawinp, Spec:ifk:ations. other doc:uments or copies on
extensions or the Project or any other r" .;. w. without written
consent or OWNER and ENGINEER and specific: written
veriftc:ation or adaption by ENGINEER.
ARTICLE 4-AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL
CONDmONS; REFERENCE POINTS
ANiltIbiIit] of Uwb:
4.1. OWNER shall furnish, as indicated in the Contract
Doc:uments. the lands upon which the Work is to be performed.
rights-of-way and easements for KCeSS thereto, and such other
lands whic:h are designated fO( the use ~ CONTRACroR.
Upon reasonable written request. OWNER shall furnish CON-
TRN...lvR with a COITCCt statement of record IepI title and
IepI description of the lands upon which the Work is to be
performed and OWNER's interest therein as ~ for
livin& notice of 0( filina a mechanic.s lien apinst such lands in
accordanc:e with applic:able Laws and RcguIations. OWNER
shall identify any enc:umbranc:es or I'C!;":"::" ns not of &eneral
application but spec:ific:ally related to use or lands so furnished
with which CONTRACTOR wiD have to comply in perfonnina
the Wort. Easements for permanent struc:tures or permanent
c:han&es in existina faalities wiD be obtained and paid for by
OWNER, unless otherwise provided in the Contract Doc:u-
ments. If CONTRACTOR and OWNER are unable to aarce 00
entitlement to or the amount or extent or any adjustments in the
Contract Pric:e or the Contract Tunes as a result of any delay in
OWNER's fumishina these lands, riahts-of-way 0( easements.
CONTRACIOR may make a claim therd'or as provided in
Artic:Ies 11 and 12. CONTIVLIVR sbaII provide for aD
additional lands and access thereto that may be required for
temporal)' c:onSlJUc:tion facilities 0( storaae of materials and
equipment.
4.2. SlIbswf<<e fINl Pltpktll COII4iIiMu:
4.2.1. Reports tl1tII Drawings: Ref~. ~., .. _ is made to the
Supplementary Conditions for idcntificaboa of:
4.2.1.1. Subsurface Conditions: Those reportS of ex~
rations and tests of subsurface conditions at or contiguous 10
the site that .have been utllized by ENGINEER in preparina
the Contract Doc:uments; and
4.2.1.2. Physical Coru/itiOllS: Those drawings of physical
conditions in or reJatjng to existina surface 0( subsurface
stJUc:tures at or conti&uoos to the site (except Undw... w.and
Facilities) that have been utllized by ENGINEER in t'. Wt'J-
iog the Contrad Documents.
17
4.2.2. LimiI~d R~~ by CONTRACTOR Alllltoriud:
T<<IutkGl DtuG: CONTRACTOR may rely upon the.. ....1
-=c:uracy oI'the utec:hnic:al data.. contained in such......J and
clrawinp. but such.... ... and drawinp are not C... .1
Doeumcnts. Such ..technical data.' is identified in the Supple-
mentary Conditions. Except for such reliance on such ..tech-
nical data.'. CONTlVtClOR may not rely upon or make any
claim apinst OWNER, ENGINEER or any eX ENGINEER's
Consultants with . ....... .... 10:
".2.2.1. the completeness of such'.'r . ...s and drawings
for CONTRACTOR's purposes, including. but not limited
to. any aspects of the means, methods, techniques, se-
quences and procedures eX construction to be employed by
CONTRAr...lvR and safety precautions and ,.........ms inci-
dent thereto. or
".2.2.2. other data, interpretations, opinions and infor-
mation contained in such reports or shown or indicated in
suc:h drawings. or
".2.2.3. any CONTRAC'lOR interpretation 0( or conclu-
sion drawn from any "technical data.. or any such data,
intc..,.......ations. opinions or information.
".2.3. Notice of Diff~ring Subsurface or Physical Condi-
Iiotu: If CON'l'RAJ..lvR believes that any subsurface or
physical condition at or contiguous to the site that is uncovered
or revealed either:
".2.3.1. is of such a nature as to establish that any
..technical data.. on which CONTRACTOR is entitled 10
rely as provided in paI"llIraphs ".2.1 and ".2.2 is materially
'".: .....Irate, or
".2.3.2. is 01' such a nature as to require a change in the
C...,....ct Doc:uments, or
".2.3.3. differs materiaDy from that shown or indicated in
the Contnct Doc:uments. or
...2.3.... is 0( an unusual nature. and differs materially
fiom conditions ordinarily encountered and gcnenDy recog-
nized as inl.. .."... ...t in wort eX the character provided for in the
Contract Documents; then
CON1'RAl.lvR shaD. prompdy after t .... ..jng aWare thereof
and before ft.uthcr disturbina conditions affected thereby or
pcrl'ormina any Wort in c::onnection therewith (except in an
em.., ....../ as r .., .."itted by paragraph 6.23). notify OWNER
and ENGINEER in writing about such condition. CONTRAC.
lOR shall not further disturb such conditions or perform any
Work in conn.....:..n therewith (except as aforesaid) until re-
ceipt 0( written order to do so.
...2.... ENGINEER's R~IIiew: ENGINEER will promptly
review the pertinent conditions. detennine the necessity eX
OWNER.s obtaining additional exploration or tests with re-
spcc:t thereto and advise OWNER in writing (with a copy to
CONTRACTOR) of ENGINEER's findings and c:onclusions.
11
".2.'. Pouibl~ COIIIf'fIct DocIl/fWIII.J C,"",,~: If ENGI-
NEER c:oncludes that a c:hante in the Contract Documents is
required as a result of a condition that meets one or, . . of the
c:at... .~.es in paraaraph 4.2.3.. a Work Chan,e Directive or a
Chanae Order will be issued as provided in Article 10 to reftect
and document the consequences eX such chanae.
".2.6. Pos.JibI~ Pric~ alld TUM" A4iuslm~lIls: An equitable
adjustment in the Contract Price or in the Contract T'1II1CS. or
both. will be allowed to the extent that the existence of such
uncovered or revealed condition causes an i.. .......sc or de-
c:rease in CONTRACTOR's cost of. or time required for
performance of, the Wort; subject. however, to the following:
".2.6.1. such condition must meet any one or more o(the
categories described in paragraphs 4.2.3.1 through ...2.3....
inclusive;
4.2.6.2. a chan,e in the Contract Documents pursuant to
paraaraph 4.2.' will not be an automatic: authorization of nor
a condition precedent to entitlement to any such adjustment;
4.2.6.3. with respect to Work that is paid for on a Unit
Price Basis, any adjustment in Contract Price win be subject
to the provisions of paragraphs 9.10 and I 1.9; and
4.2.6.4. CONTRACroR shall not be entitled to any
adjustment in the Contract Price or TImes if;
".2.6.4.1. CONTRACTOR knew of the existence 0(
such conditions at the time CONTRAa..lvR made a final
commitment to OWNER in .....,..... of Contract Price and
Contract Times by the submission of a bid or becoming
bound under a ncaotiated contract; or
4.2.6.4.2. the existence of such condition could rea-
sonably have been discovered or revealed as a result of
any examination, investigation. exploration. test or study
of the site and contil\lOUS areas required by the Bidding
Requirements or Contract Doc:umcnts to be conduded by
or for CONTRA.... JvR prior to CONTRACIOR's making
such final commitment; or
...2.6....3. CONTRACTOR failed to give the wriaen
notice within the time and as required by paragraph ".2.3.
If OWNER and CONTRACTOR are unable to aaree on
entitlement to or as to the amount or Ie_ 0( any such
equitable adjustment in the Con~..~ Price or Contract Tunes,
a claim may be made therefor as provided in Articles II and 12.
However. OWNER. ENGINEER and ENGlNEER's Consult-
ants shall not be liable to CONTRA.... 1 vR for any claims,
costs, losses or damages sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
4.3. Phpiul Conditio1U-VntJDrroUNl Fadlidn:
4.3.1. Shown or IndicQ/~d: The inf'onnation and data shown
or indicated in the Contract Documents with ....... ...t to exist:irw
Underground Faalitics at or contiguous to the site is based on
18
~ and data rurnished to OWNER or ENGINEER by
Ibe 0IIIa1 ~ such Und..... ..md Facilities or by others. Unless it
iI~~ expressly provided in the Suppl~.. ~..tary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be respln-
.. for the accuracy or completeness of any such informa-
... or data; and
"3.1.2. The cost ci all ri the f<>llowq will be included in
daeQnract Price and CON1'lVf...avR shall have full respon-
sMyfor: (i) reviewing and checking all such inf........tion and
... (i) Jocabng all Underground Faalities shown or i. J:...led
ill. Contract Documents, (ili) coordination ~ the Work with
daeownm cI such Underground Faalities during construction,
... (iY) the safety and protection of all such UncL.... Jnd
Aditi:s as provided in ~ 6.20 and repairina any
cta.&e thereto resulting from the Wort.
4.32. Not ShowfI or Ifld;ca,~d: If an Underground RM:ility
is l,.. ,. ..J or revealed at or contiguous to the site which was
DOt *'wn or indicated in the Contract Documents, CON-
TRACl'OR shall, promptly after becoming aware thereof and
bel. further disturbing conditions affected thereby or per-
fOnIia& any Work in connection therewith (except in an
~y as required by paragraph 6.23). identify the owner
. .. Und.......Jnd Facility and Jive written notice to that
ow-.. and to OWNER and ENGINEER. ENGINEER wiD
pnlIIpIIy review the Underground FacIlity and determine the
alai, I any. to which a chanae is required in the Contract
~ts to reftect and document the consequences of the
..:.. .... of the Underground Facility. If ENGINEER con-
cIuda dial a change in the Contract Documents is required, a
.. Qange Directive or a Change Order will be issued as
prowiIed in Article 10 to reftect and document such conse-
qumzs. During such time, CONTRAClOR shall be respon-
sibldol'the safety and protection of such Underground Facility
as .-wided in. paragraph 6.20. CONTRAA...avR shall be al-
lowed.. increase in the Contract Price or an extension of the
CoIhd Tunes, or both. to the extent that they are attn'butable
10 . existence of any Und...."md Facility that was not
..00. or indicated in the Contract Documents and that CON-
'J"RA... IvR did not know of and could not reasonably have
bcca w.....~ to be aware of or to have anticipated. If
OWNER and CONTRACTOR are unable to agree on entitle-
IllCllIO or the amount or Jenath of any such adjustment in
CoIhd Price or Contract Tunes, CONTRACIOR may make
a cilia therefor as provided in Articles II and 12. However,
OWNER, ENGINEER and ENGINEER's Consultants shall
DOCk IiIbIe to CONTRAl..a vR for any claims, costs, losses or
cIamIJCs incurred or sustained by CONTRALJvR on or in
ClO'II~ with any other project or anticipated project..
~ f Poinb:
4..4. OWNER shall provide engineering surveys to estab-
isludcrence points for construction which in ENGlNEER.s
jla4r- are necessary to enable CO~ avR to proceed
wi6tbe Worit. CONTRACTOR sha1I be responsible for laying
GUl tile Work. shall protect and preserve the established
L..!aaIce points and shall make no changes or relocations
." 11
without the,.', written approval ~ OWNER. CONT1VtC-
lOR shall 'ot" l to ENGINEER whenever any me. .nee
point is lost or destroyed or requires !. , ",,!ion because ~
necessary chanaes in andes or locations. and shall be., ~,' ,]"
sible for the ac:curatc repIac., " ~l or relocation ~ such mer-
ence points by professionally qualified personnel.
4.5. A.sbnt~. PCBs, ~. Hazardous WIste or ItadI.
IdM MalaiII:
4.5.1. OWNER shaIJ be., _... ,.."bIe for any Asbestos.
PCBs, Petroleum, Hazardous Waste or Radioactive MaleriaI
uncovered or revealed at the site which was not shown or
indicated in Or3winp or Speer ....: ,j or identified in the
C,..,... ~t Documents to be within the scope of the Work and
which may present a substantial danger to persons or p. 't ~, ..}
exposed thereto in C..i. .~~. ,.. with the Work II the ..
OWNER sha1I not be '--......~ for any such materials
brought to the site by CONTRA.. a v~, Sul:lc:ontJxtor. Supp1i-
ers or anyone else for whom CONTlUt... a vR is res.. . .,.. DIe.
4.5.2. CONTRAL JvR shall immediately: (i) stop aD
Work in connection with such hazardous condition and in
any area affected thereby (except in an eme~ncy as re-
quired by parasraph 6.23). and (ii) notify OWNER and
ENGINEER (and thereafter confirm such notice in writing).
OWNER sha1I promptly consult with ENGINEER concern-
ing the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take c.." ~...:;ve a...: , "
if any. CONTRAC1OR shall not be required to resume Work
in connection with such hazardous condition or in any such
affected area until after OWNER has obtained any required
permits related thereto and delivered to CONTlVtt..avR
special written notice: (i) specifying that such condition and
any affected area is or has been rendered safe for the
resumption of Work. or (it) 5.. .w:Ying any special conditions
under which such Work may be resumed safely. If OWNER
and CONTRN...avR cannot aarec as to entitlement to or the
amount or extent of an adjustment, if any. in Contrxt Price
or Contrxt Tunes as a result of such Work stoppqe or such
special conditions under which Work is ... n J by CON-
TRACroR to be resumed, either party may make a claim
themor as provided in Articles II and 12.
4.5.3. If after receipt of such special written notice
CONTIVLJv~, does not aaree to resume such Work based
on a reasonable belief' it is unsafe, or does not qrec to
resume such Work under such special conditions. theu
OWNER may order such ,t' ..:, " of the Work that is in
......nw ~. ,." with such hazardous condition or in such af-
fected area to be deleted from the Wort. If OWNER and
CONTRAr...avR cannot -.' .~ as to entitlement to or the
amount or extent of an adjustment. if any. in ConllKt Pric;c
or Contract Tunes as a result of deleting such portion of the
Work. theD either party may make a claim therefor as
provided in Articles II and 12. OWNER may have such
deleted portion of the Work performed by OWNER's own
forces or others in accordance with Article 7.
4.5.4. To the ruDest extent permitted by Laws and Rea-
ulations. OWNER shall indemnify and hold harmless CON-
TRAl.avR, Subcontractors, ENGINEER. ENGlNEER.s
19
Coasultants and !he oIJk:as. directors, employees, qents,
ocber consultants and suIIcontracton of each and any of
Ibcm from and apinst aD cIIims, costs. losses and damqcs
arisi,. out cl or resuhirw 60m such hazardous condition,
provided that: (i) any suci claim. cost, loss or damaac is
attributable to bodily illiwY. sickness. disease or death. or to
iqjury to or dcstnIc:tion or.....ble property (other than the
'MJrt iuelf), includina the loss of use resultina therefrom.
..... (ii) nothirw in this ~ 4.5.4' shall obligate
OWNER to indemnify any person or entity from and against
Ihe consequences of thai person's or entity's own negli-
JCDC.~.
4.5.5. The provisions fII paragraphs 4.2 and 4.3 are not
intended to apply to Asbcsb, PCBs, Petroleum, Hazardous
Waste or Radio&ctive MaIaiaI uncovered or revealed at the
site.
ARTICLE S-BONDS AND INSURANCE
hr[tlnlfllnCe, "".", _ 0IIIr Bondi:
5.1. CONTRN...lvR shII furnish Performance and Pay-
ment Bonds. each in an amGMl at least equal to the Contract
Price as sec:urity for the faidful performance and payment of
all CONTRAClOR.s obIipIions under the Contract Docu-
ments.. These Bonds shaD IIIDIin in effect at least until one
year after the date when finllpayment l F'M..~ due. except as
provided otherwise by Laws... Regulations or by the Contract
Documents. CON'I'lVa..l\Al shall also furnish such other
Bonds as are required by die Supplementary Conditions. All
Bonds shall be in the fonn ,.acnbed by the Contract Doc:u-
mealS except as provided OlIawise by Laws or Regulations.
and shaD be executed by .. sureties as are named in the
currad list of.'Companies IIIIdina Certificates of Authority as
At. F.. ~Ie Sureties on R*raI Bonds and as Acceptable
Rcinsurina Companies" as pIIlIished in CU'CUIar S70 (amended)
by die Audit Staft', Bureau fl Government Financial Opera.
tions. U.S. Trasury Dt~dt. All Bonds sianed by an
.. must be aFF' ....panied" a certified copy of such aaent's
..tharity to act.
5.2. If the surety on IIIJ Bond furnished by CONTRAC.
TOR is ~Iared a bankrupt _becomes insolvent or its right to
do business is tcnninaled ia any state where any part of the
Project is located or it ........... to meet the requirements of
~ 5.1, CO~ 1\11\ shall within ten days thereafter
substitute another Bond ... surety, both of which must be
a.......:.able to OWNER.
5.3. ~lIUd SIII'diG _I",."" CeTtifiutn ollnsllTtUlU:
'.3.1. AD Bonds and iauance required by the Contract
Documents to be purchasaI and maintained by OWNER or
CONTRACroR shall be GIIained from surety or insurance
companies that are duly licensed or authorized in the juris-
dic:tion in which the Project is Ioc:ated to issue Bonds or
insurance policies for the limits and c:overaaes so required.
Such surety and insurance companies shall also meet such
additional requirements and quaJifications as may be p~
vided in the Supplementary Conditions.
5.3.2. CONTRAC'lOR shall deliver to OWNER. with
copies to ea&:h additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRAC'IOR is required to
pun:hase and maintain in accordance with pangraph ~....
OWNER shall deliver to CONTRACTOR. with copies to
each additional insured identified in the Supplementary
Conditions. certific:ales of insurance (and other evidence of
insurance requested by CONTRACTOR or any other addi-
tional insured) which OWNER is required to pun:hase and
maintain in acc:ordance with panlII"aphs 5.6 and S.7 hereof.
CONTRACTOR', LiGbi1iIJ InsUI'tIMe:
5.4. CONTRAC'lOR shall pun:hase and maintain such
liability and other insurance as is a,..,.! ',. riate for the Work
being perl'" .J and furnished and as will provide protection
from claims set forth below which may arise out of or result
from CONTRACTOR's perfonnanc:e and fumishina of the
Work and CONTRACTOR's other obligations under the Con-
tract Documents. whether it is to be perf...nrJ or furnished by
CONTRAC'IOR. any Subcontractor or Supplier, or by anyone
directly or indirectly employed by any of them to perfonn or
furnish any of the Work. or by anyone for whose acts any of
them may be liable:
5....1. claims under worken' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damaaes because of bodily iqjury. oc-
cupational sickness or disease. or death of CONTRAC-
TOR's employees;
5.4.3. claims for damages because of bodily iqjury, sick-
ness or disease, or death of any person other than CON-
TRACTOR.s employees;
S.4.4. claims fordamaaes insured by customary personal
iqjury liability c:overaae which are sustained: (i) by any
person as a result of an oft'ense directly or indirectly related
to the employment of such person by CONTRAC1OR. or (ii)
by any other person for any other reason;
S.4.S. claims for damages, other than to the Work itself,
because of iqjury to or destruction of tangible property
wherever Ioc:ated, including loss of use resulting therefrom;
,and
5.4.6. claims for damages because or bodily injury or
death of any person or property damage arising out of the
ownership. maintenance or use or any motor vehicle.
20
')be polities of insurance 10 requiRCI by this paraaraph ,... to
be purchased and maintained shall:
'.4.7. with respect to insurance required by paraaraphs
'.4.3 throuIh '.4.6 inclusive. include as additional insureds
(subject to any customary exclusion in respect or prof'es-
sionaIliability) OWNER. ENGINEER. ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions. all of whom shaJl be listed as
additional insureds. and include cove.,..e for the respe(:tive
ofticers and employees IX all such additional insureds;
5....8. include the specific coveraaes and be written for
not less than the limits of liability provided in the Supple-
mentary Conditions or required by Laws or Regulations.
whichever is greater;
5....9. include completed operations insurance;
5....10. include contractual liability insurance covering
CONTRAClOR.s indemnity obligations under paragraphs
6.12.6.16 and 6.31 throu8h 6.33;
5....11. contain a provision or endorsement that the
coveraae afforded wiD DOt be canceDed. materially changed
or renewal refused until at least thirty days prior written
DOtice has been liven to OWNER and CONTRACIOR and
to each other additional insured identified in the Supplemen-
tary Conditions to whom a certificate IX insurance has been
issued (and the certificates of insurance furnished by the
CONTRACIOR pursuant to pant&l3Ph '-3.2 will so pro-
vide);
5....12. remain in effect at least until final payment and at
aD times thereafter whca CON'I'RALlvR may be C..m..t-
iDa..." 0 ,1ng or replacilll d~<<tiv~ Wort in accordance
with paragraph 13.12; and
S....13. with ..........t to completed operations insurance.
and any insurance covcraae written on a claims-made basis.
ranain in dfcc:t for at least two years after final pal" .,'~
(and CON'I'RALIV~ shaD furnish OWNER and each other
additional insured identified in the Supplementary Condi-
tions to wbom a certificaIe ~ insurance has been issued
evidence satisfactory to OWNER and any such additional
iasured ~ continuation of such insurance at final payment
and one year thereafter).
OWNER', LiAIJilitJII1S11n11Cr.
s.s. In addition to the insurance required to be provided by
CONTlVClOR underparaaraph 5.4. OWNER. at OWNER.s
opCion. may purchase and maintain at OWNER's expense
OWNER.s own liability insurance as will protect OWNER
apinst claims which may arise from operations under the
0. ",..:t Documents.
rr.,utJ l~:
S.6. Unless otherwise.. . J ~ ~ in the Supplementary Con-
di : 0 ".... OWNER shall purchase and maintain property insur-
I II
ancc upon the Wort at the site in the amount of the full
replacement cost thereof' (subject to such deductible amounts
u may be provided in the Supplementary Conditions or
required by Laws and Rcaulations). This insurance shall:
5.6.1. include the interests of OWNER. CONTRAC.
roR. Subcontractors. ENGINEER. ENGINEER.s Con-
sultants and any other persons or entities identified in the
Supplementary Conditions. each of whom is deemed to have
an insurable interest and shaD be listed as an insured or
additional insured;
S.6.2. be written on a BuiIdcr's Risk "ail-risk" or open
peril or special causes of loss policy fonn that shaJl at least
include insurance for physical loss or dama&e to the Work.
temporary buildings. falsewort and Wort in transit and shaD
insure apinst at least the fol1owinc penls fire. lightninc.
extended coverage. theft. vandalism and malicious mischief.
earthquake. collapse. debris removal. demolition occasioned
by enforcement of Laws and Rcaulations. water damage.
and such other perils as may be specifically required by the
Supplementary Conditions;
'.6.3. include expenses incurred in the repair or replace-
ment of any insured property (includina but not limited to
fees and charges of engineers and architects);
S.6.... cover materials and equipment stored at the site or
at another location that was qreed to in writina by OWNER
prior to being inc...,......ted in the Work. provided that such
materials and equipment have been included in an Applica-
tion for Payment recommended by ENGINEER; and
S.6.S. be maintained in effect until final payment is made
unless otherwise agreed to in writinc by OWNER. CON-
TRACTOR and ENGINEER with thirty days written notice
to each other additional insured to whom a certific:ate of
insurance has been issued.
S.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional po'. ~.~J insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER.
CONTlVClOR. Subc .,. ... .. ,ors. ENGINEER. ENGINEER's
Consultants and any other penons or entities identified in the
Supplementary Conditions. each of whom is d.._....J to have
an insurable interest and shaD be listed u an insured or
additional insured.
S.8. AD the policies of insuranc:c (and the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs '.6 and S.7
will contain a .. '0 '~sion or endors.......l that the coveraae
afforded WIll not be cancelled or materiaDy changed or renewal
refused until at least thirty days. prior written notice has been
given to OWNER and CONTRACIOR and to each other
additional insured to whom a certificate IX insurance has been
issued and will contain waiver provisions in accordance with
paragraph '.11,.
21
U. OWNER shall not be responsible for purchasilll and
-' - . ina any p ... ..ly insurance 10 protect the interests of
CON'IlVCI'OR. Subcontracton or others in the Wort to the
ex.. 01 any deductible amounts that are identified in the
Siwlemtntary Conditions. The risk 01 loss within such iden-
IiW deductible amount, will be t. .. by CONTRAClOR,
SubaIaInctor or others sufferina any such loss and if any of
Ibca wishes ...!. .... .ny insurance coverage within the limits of
sucIIlmOUnts, each may purchase and maiatain it at the
puniaser's own expense.
S.. If CONTRACroR requests in writins that other
"" .:, , insurance be included in the propeny insurance policies
p1o.:Md under paragraphs 5.6 or 5.7. OWNER shall, ifpossi-
We, iIdude such insuMUlce, and the cost thereof will be
dI8IJDlI to CONTRACTOR by a..,,'rriate Change Order or
W.... A ." .:ment. Prior to commencement of the Work at
lite .. OWNER shall in writing advise CONTRN...luR
whedlcr or not such other insurance has been pnx:ured by
OWNER.
SoIL ~ of RiBltIs:
1n.1. OWNER and CONTRh..lvR intend that all
paIcics purchased in accordance with paragraphs 5.6 and
5.7d protect OWNER, CONTRAClOR. Subcontractors,
ENGINEER, ENGINEER's Consultants and all other per-
..<<entities identified in the Supplementary Conditions to
be Iisrcd as insureds or additional insureds in such policies
... will provide primary coverage for all losses and damages
c-.d by the penls covered thereby. AU such policies shall
c::GIIIiD provisions to the effect that in the event of payment
~.., loss or damage the insurers will have no rights of
reaMry apinst any of the insureds << additional insureds
dlalC.uder. OWNER and CONTRACTOR waive all rights
..... each other and their respective officers, directors,
~ees and agents for all losses and damages caused by,
.... out of or resulting from any of the penls covered by
SId policies and any other r . .... _./ insurance applicable to
die 1IIbrk; and, in addition, waive all such rights against
SIIIcaatractors, ENGINEER, ENGINEER's Consultants
.... other persons or entities identified in the Suppleme.
..,Conditions to be listed as insureds or additional insureds
...... such policies for losses and damages so caused. None
~.Ibove waivers shall extend to the rights that any party
IIIIIiaI such waiver may have to the proceeds of insurance
hell'" OWNER as tnJstee or otherwise payable under any
poicy so issued.
111.2. In addition, OWNER waives all rights against
CON11tAi..luR, Subcontractors, ENGINEER, ENGI-
NEat"s Consultants and the officers, directors, employees
and aaents of any of them, for:
5.11.2.1. loss due to business intenuption,loss of use
. OCher consequential loss extending beyond direct phys.
icalloss or damage to OWNER's property or the Wort
cased by, arising out of or resultina from fire or other
pal. whether or not insured by OWNER; and
'.11.2.2. loss or damqe to the completed P ..~ ..: or
part thereo( caused by. arisina out ~ or resultina from ftre
or other insured peril covered by any ... . ~ .. ,y insurance
maintained on the completed r .~..! or part 11. ..... I by
OWNER durin, partial utilization pursuanllO paraaraph
1".10, after substantial completion pursuant to paraaraph
1".8 or after final payment pursuant to ~ 14.13.
Any insurance policy maintained by OWNER coverine any
loss, damaee or consequential loss referred to in this p&ra&raph
5.11.2 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 riahts of recovery against any of CON-
TRACTOR, Subcontractors, ENGINEER, ENGINEER'sCon-
sultants and the officers, directors. employees and aaents of
any of them.
Receipt and Applicatloo of Imuraoce Pr . ....:.,
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the require-
ments of any applicable mortgage clause and ofparaaraph 5.13.
OWNER shall deposit in a separate account any money so
received, and shall distnbute it in accordance with such agree-
ment as the parties in interest may reach. If no other s,. ..:..1
aareement is reached the damaged Wort 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 or Written AmcndmenL
5.13. 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 fifteen days after the
occurrence ofloss 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 8r.....cnt as the
parties in interest may reach. If no sucb agreement amona the
parties in interest is reached. OWNER as fiduciary shall adjust
and settle the loss with the insurers and, if required in writins
by any party in interest, OWNER as fiduciary shall live bond
for the r'.r.r performance of such duties.
Accql41la 0/ BDfIIb twllltSlII'lI1IU; Optitm 10 RqIta:
5.14. If either party (OWNER or CONTJVCroR) has any
objection to the coveraae afforded by or <<her 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-conf. .I....ncc with the Contract Documents, the ol~.~:ne
party shall so notify the other party in writina within ten days
after reeeipt of the certificates (or other evidence requested)
required by paragraph 2.7. 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
insuMUlce required of such party by the Contract Documents,
such party shall notify the other party in writina of such failure
to purchase prior to the start of the Wort. 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
22
mlUircd to pI'O'idc such coveraae. and a Chanae Order shall
be issued to adjlst the Contract Price accordinafy.
1tIrtitIl U'''''v-li- 'rope", llUlU'tIIIn:
S.IS. If OWNER finds it necessary to occupy or use a
portion or portiaDs of the Work prior to Substantial Completion
rA all the Work. such use or occupancy may be accomplished in
acc:ordance witlpngraph 14.10; provided that no such use or
occ:upancy ~ commence before the insurers providing the
,t".e ~"y insur-=c have acknowledged notice thereof and in
writilll effected., changes in coverage ~".~~italed thereby.
the insurers pRJYiding the property insuruce shaD consent by
endorsement 0. the policy or policies. but the property insur-
ance shall not be c:anc:elled or pennitted to lapse on account of
any such partial use or occupancy.
ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES
St., .:,:1111 anl~nMlICI:
6.1. CON11lACTOR shall supervise. inspect and direct the
Work competaldy and efficiently. devoting such attention
thereto and IIlPYing such skills and expertise as may be
necessary to I.,{,. ,..1 the Work in accordance with the Con-
tract Documee. CONTRACfOR shall be solely responsible
(or the means. methods, techniques. sequences and procedures
rA constru<:tioa. but CONTRACTOR shall not be responsible
for the negligacc or others in the design or specification or a
.... . .."ljc: means. method, technique, sequence or procedure of
'." ,..~,.action which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall be
, ..... " " ..DIe to see that the completed Work complies accu.
ndeIy with the Contract Documents.
6.2. CONtRACIOR shall keep on the Work at aD times
durina its.. ". _.., a competent resident superintendent. who
shaD not be ... ..J without written notice to OWNER and
ENGINEER a:cpt under extraordinary circumstances. The
superintendell will be CONTRACIOR's representative at the
site and shaD bve authority to act on behalf of CONTRAC.
TOR. AD ~ns to the superintendent shaD be as
bindilll as if pm to CO~ luR.
Ubtw, MtJlerilllad Equipmetll:
6.3. CONTRACtOR shall provide competent, suitably qual-
ified personnel to survey, layout and construct the Work as
required by tk Contract Documents. CONTRACIOR shall at
aD times maiaraill good discipline and order at the site. Except
as otherwise RqUired for the safety or protection of penons or
the Work or pmperty at the site or adjacent thereto. and except
as otherwise iIIkaled in the Contract Documents. all Work at
the site shaD lie performed during regular working hours and
I II
CONTRACTOR will not .. .. ,,jt overtime work or the perfor-
mance ~ Wort on Saturday. Sunday or any Iepl holiday
without OWNER's written consent liven after prior wriuen
notice to ENGINEER.
6.4. Unless otherwise spec:iIied in the General Require.
ments. CONTRAClOR shall furnish and assume full respon-
sibility for all materials, equipment, labor. transportation. con.
struction equipment and machinery. tools. appliances. fuel.
power, liJht, heat. telephone. water. sanitary facilities. teml>>
rary facilities and all other facilities and incidentals necessary
for the furnishing, performance, testing. start-up and comple-
tion of the Wolt.
6.S. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Docu.
ments. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the benefit of OWNER.
If required by ENGINEER. CONTRACTOR shall furnish
satisfactory evidence (including reports of required tests) as to
the kind and quality of materials and equipment. All materials
and equipment shall be applied. installed. connected. erected,
used. cleaned and conditioned in accordance with instnJetions
of the applicable Supplier. except as otherwise provided in the
Contract Documents.
I. ".' .oloI Sclr<<bU6:
6.6. CONTRAL.1V~. shall adhere to the p. ....ss schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRALluR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) pro-
posed adjustments in the p.....ss schedule that will not
change the Contract Tunes (or Milestones). Such adjust-
ments wJ1l confonn generally to the p. w" ...s schedule then
in effect and additionally will comply with any provisions of
the General Requi. .n. .nts applicable thereto.
6.6.2. Proposed adjustments in the p.w....... schedule
that will chanae the Contract Times (or Milestones) shall be
submiued in accordance with the requirements of paragraph
12.1. Such adjustments may only be made by a OIange
Order or Written Amendment in accordance with Article 12.
6.7. Sllbstitldn tmtl "Or-Eqru4" 1~1IU:
6.7.1. 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 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 pennitted. other items of material or equi~
ment or material or equipment of other Suppliers may be
accepted by ENGINEER under the following circumstances:
23
6.7.1.1. "Or.EqIltlI": If in ENGINEER.s sole discre-
lion an item of maIeriaI or equipment ~ 'r".M by CON.
TRACroR is functionaJly equal to that named and suffi-
ciently similar so Ihar 110 c:hanae in related Work will be
~ired, it may be considered by ENGINEER as an
"or-equal.' item. in which case review and approval of the
.. ....sed item may, in ENGINEER's sole discretion, be
accomplished wilhout compliance with some or all of the
requirements for acceptance of proposed substitute items.
6.7.1.2. Sllbstitll/~ I"ms: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACToR does not qualify as an "or-equaJ" item
under subparagrapb 6.7.1. I. it will be considered a ~
posed substitute item. CONTRACroR shaJl submit suffi-
cient information as provided below to allow ENGINEER
to determine thai the item of material or equipment
proposed is essentially equivalent to that named and an
acceptable substitute therefor. The procedure for review
by the ENGINEER will include the fOllOwing as supple-
mented in the General Requirements and as ENGINEER
may decide is a.,. ,. :ate under the circumstances. Re-
quests for review of proposed substitute items of material
or equipment wiD not be accepted by ENGINEER from
anyone other than CONTRAr...IVK. If CONTRACTOR
wishes to furnish or use a substitute item of material or
equi.., ", . ,t, CONTlVCroR shall first make written appli-
cation to ENGINEER for acceptance thereof, certifying
that the proposed substitute will perform adequately the
functions and achieve the results called for by the general
desip. be sinular in substance to that specified and be
suited to the same use as that specified. The application
will stale the extent. ir any, to which the evaluation and
acceptance of the ". ",.'" eel substitute wl1J prejudice CON-
TRACroR's aclicvcment of Substantial Completion on
time, whether or not ac:cepIanc:e ofthe substitute for use in
the Wort WIll require a change in any of the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project) to adap(
the desian to the p, '... ...ed substitute and whether or nor
inc..! ... . ..lion or use fA the substitute in connection with
the Work is suiject to payment of any license fee or
royalty. All variations of the .. I,',.. ...ed substitute from that
specified wl1J be ideaIified in the application and available
maintenance, repair and replacement service will be indi-
cated. The appIiclItioa will also contain an itemized esti-
mate of all costs or credits that wiD result directly or
indirectly from a..........nee of such substitute, includina
costs of redesian and claims of other ~, ,. ,....ctors affected
by the resulting cban&e, all of which WIll be considered by
ENGINEER in evalualing the ~'.t' ...ed substitute. EN-
GINEER may require CONTRACTOR to furnish addi-
tional data about the proposed substitute.
6.7.1.3. CONTRN::roR's Exp~ns~: All data to be
provided by CONTRACTOR in support of any Proposed
"or-equal" or substitute item Will be at CONTRACTOR's
expense.
6. 7.2. Subst;tut~ Conslnlction M~thods or Proc~dur~s: If a
specific means, method, fedlnique, sequence or procedure 0(
construction is shown or indic:atcd in and expressly required by
the Contract Documents, CONTRN....vR may furnish or
utilize a substitute means. .method, technique. sequence or
procedure of construction acceptable to ENGINEER. CON.
TRACroR shall submit sufticient information to allow ENGI.
NEER, in ENGINEER's sole discretion, to detennine that the
substitute p.. t' ....eel is equivalent to thai expressly called for by
the Contract Documents. The procedure for review by ENGI.
NEER will be similar to that provided in subparaaraph 6.7.1.2.
6.7.3. En,ill~~r's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to parapaphs 6.7.1.2 and 6.7.2.
ENGINEER will be the sole judge 0( acceptability. No "or.
equal" or substitute will be ordered. installed or utilized
without ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop
Drawina. OWNER may require CONTRAClOR to furnish at
CONTRACroR's expense a special perfonnance guarantee or
other surety with respect to any "or-equal" or substitute.
ENGINEER will record time required by ENGINEER and
ENGINEER's Consultants in evaluating substitutes proposed
or submitted by CONTRACTOR punuant to paragraphs 6.7. 1.2
and 6.7.2 and in maJcing changes in the Contract Documents (or
in the provisions of any other direct contnlCt with OWNER (or
work on the Project) occasioned thereby. Whether or not
ENGINEER accepts a substitute item so proposed or submit-
ted by CONTRACroR, CONTRACroR shall reimburse
OWNER for the charges of ENGINEER and ENGINEER's
Consultants for evaluating each such proposed substitute item.
CDllCmUng SIIbcoIflradDn, SIIpfIlius awl Otlwn:
6.8.1. CONTRACTOR shall nor employ any Subcoo-
tnc:tor, Supplier or other person or orpnization (includina
those acceptable to OWNER and ENGINEER as indicated
in ~ 6.8.2), whether initially or as a substitute,
against whom OWNER or ENGINEER may have reas0n-
able objection. CONTRAl...lvR shall nor be required to
employ any Subcontractor, Supplier or other person or
organization to furnish or perform any of the Wort against
whom CONTRAL. vR has reasonable objection.
6.8.2. If the Supplementary Conditions require the iden-
tity of certain Subconnctors, Suppliers or other persons or
orpnizations (including those who are to furnish the princi-
pal items of materials or equipment) to be submitted to
OWNER in advance of the specified date prior to the
Effective Date of the Agreement for acceptance by OWNER
and ENGINEER, and if CONTRACTOR has submitted a
list thereof' in accordance with the Supplementary Condi.
tions, OWNER's or ENGINEER's acceptance (either in
writing or by (a/ling to make written objection thereto by the
date indicated for acceptance or objection in the biddilll
documents or the Contr.lct Documents) of any such Subcon-
tractor, Supplier or other person or organization so identified
may be revoked on the basis of reasonable objection after
due investigation, in which case CONTRACTOR shall sub-
mit an acceptable substitute, the Contract Price will be
adjusted by the difference in the cost occasioned by such
24
substitution and an I.ff "f ..ate Chanae Order win be issued
tK Written Amendment sianed. No acceptance by OWNER
tK ENGINEER ~ any such Subcontractor. Supplier or other
penon or orpnization shall constitute a waivCf of any riaht
01 OWNER or ENGINEER to reject d~~cliv~ Wort.
6.9.1. CONTRAL luR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors. Suppliers and other persons and orpniza-
lions perfonninc or furnishing any of the Work under a direct
or indired contraCt with CONTRACTOR just as CON-
TRACTOR is responSible for CONTRACTOR's own acts
and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier or
other person or orpnization any contractual relationship
between OWNER or ENGINEER and any such Subcon-
tractor, Supplier or other person or orpnization, nor shalt it
create any obligation on the part of OWNER or ENGI-
NEER to pay or to see to the payment of any moneys due
any such Subcontractor, Supplier or other person or 0rgani-
zation except as may otherwise be required by Laws and
Regulations.
6.9.2. CONTRACIOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers and other persons and organizations perfonning or
furnishing any of the Work under a direct or indirect contract
with CONTRAClOR. CON1'RAl.lvR shall require all Su~
contnlCtcn. Suppliers and such other persons and organiza-
tions perfonning or furnishing any of the Work to communi-
cate with the ENGINEER through CONTRh..lvR.
6.10. The divisions and sections of the Speci6cations and
the identifications of any Drawinp shall not control CON-
TRAl..lvR in dividing the Work among Subcontractors or
Suppliers or de60eating the Wort to be performed by any
.... . .:.1ic: trade. .
6.11. All Work performed for CONTRACTOR by a Su~
contractor or Supplier will be pursuant to an appropriate
a." . .,." . ",t between CONTRACTOR and the Subcontractor or
Supplier which .... . .:JicalIy binds the Subcontractor or Supplier
to the applic:able terms and conditions 01 the Contract D0cu-
ments for the benefit of OWNER and ENGINEER. WhenevCf
any such agreement is with a Subcontractor or Supplier who is
listed as an additional insured OIl the ....."r.ny insurance
provided in paragraph 5.6 or 5.7, the a." ..."",ent between the
CONTRACTOR and the Subcontractor or Supplier will c0n-
tain provisions whereby the Subcontractor or Supplier waives
all riahts apinst OWNER, CONTRALIVJ(. ENGINEER,
ENGINEER's Consultants and all other additional insureds for
aD losses and damages caused by, arisina out of or resultilll
from any of the perils 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 wil) obtain the
same.
"*", Feu tmIl ROJGIIin:
.
6.12. CONTRAC'lOR shall pay all license fees and royal-
ties and assume an costs incident to the use in the performance
r .n
01 the Work or the inc" .11 . ., ,.ion in Ihc Work 01 any invention.
desian, process, product tK device which is the subjed cI
patent rilhts or copyri&hts held by 0Ihen. If . particular
invention. desian. process, product or device is speciftcd in the
Contract Documents for use in the performance 01 the Work
and if to the actualltnowledac of OWNER or ENGINEER its
use is subject to patent rilhts or copyriahts cailinl for the
payment of any license fee or royalty to othen. the existence of
such ri&hts shall be disclosed by OWNER in the Contract
Documents. To the fullest extent permitted by Laws and
Regulations. CONTRACTOR shall indemnify and hold harm-
less OWNER, ENGINEER. ENGINEER's Consultants and
the officers, directors. employees. aacnts and other consultants
of each and any of them from and apinst all claims. costs.
losses and damages arisina out of or resultina from any
infrinaement of palent rights or copyri&hts incident to the use in
the performance of the Work or resultina from the incorpora-
tion in the Work of any invention, design. process. product or
device not specified in the Contract Documents.
PumiIs:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shaD obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRAa...l vI\., when necessary. in obtaining such permits and
licenses. CONTRACTOR shall pay allaovemmenlal charFs
and inspection fees necessary for the prosec:ution of the Work.
which are applicable at the time of openina of Bids, or. if there
are no Bids, on the Effective Dale of the Agreement. CON-
TRACTOR shall pay all charaes of utility ownen for connec-
tions to the Work, and OWNER shall pay all charJes of such
utility owners for capital costs related thereto such as plant
investment fees.
Litws tutti Rep/DtiIHu:
6. )4.1. CONTRAl..lvR shall live all notices and comply
with all Laws and Reaulations applicable to fumishina and
performance of the Work. Except where otherwise ex". ......Iy
required by applic:able Laws and ReguIatjons, n";;';. _ OWNER
nor ENGINEER shall be _', ..SIbIe for monitorina CON-
TRICIOR's c:ompIiancc with any Laws or RquIations.
6.14.2. If CONTRAClOR performs any Work knowina
or having reason to know that it is contnu'y to Laws or
Regulations, CONTRACTOR shall bear all claims, cods,
losses and damaaes caused by, arisina out of or resultina
therefrom; however. it shaD not be CONTRACTOR's pri-
mary responSibility to make certain that the Specifk:ations
and Drawings are in accordance with Laws and Regulations,
but this shall not relieve CON'TRAl.. 1 vR of CONTRAC-
TOR's obligations under para&raph 3.3.2.
T4US:
6.15. -CONTRACTOR shalt 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 cf
2S
die PIqea which are applicable duri"l the performance of the
Walk..
u.. .,~:
6.16. CONTRACroR shall confine construction equip-
--. die SIOraIe o( materials and equipment and the opc~_
air- 01 wortten to the site and land and areas Jdentilicd in and
..-....by the Contract Documents and other land and areas
pe....dICICI by Laws and Regulations, ripts-<lf-way, r ... .",:ts and
ee. and shall not ulVQ$()nably enalmbcr the premises
.. CWSIrUc:tion equipment or other materials or equipment.
<X>>n1t.tCTOR shall assume (ull responsibility (or any dam-
~ 10 ..,. such land or area, or to the owner or occupant
~ erd CI' ~ any adjacent land or areas, resultina from the
~acc of the Work. Should any claim be made by any
... ow.er or occupant because of the performance of the
WIn. CONTRAL 1 uR shall promptly settle with such other
--'" by neaotiation or otherwise resolve the claim by arbim.-
tiaa cw GIber dispute resolution proc:eedin. or at law. CON-
TRA.....au. shall, to the fullest extent permitted by Laws and
nr. .......GIS, indemnify and hold harmless OWNER, ENGI.
hc.cA. ENGINEER's Consultant and anyone directly or
DL-.dy employed by any of them from and apinst all claims,
~. Ioaes and cIamaaes arisina out of or multina (rom any
cI.iaa or action, JepJ or equitable. brought by any such owner
cw~ against OWNER, ENGINEER or any other pany
inok -..-. hereunder to the extent caused by or based upon
\....I"...aM:'TOR.s perfonnanc:e of the Work.
6..7. During the r."..~.... of the Wort, COl'ITRAClOR
.. bcp the pn:mises free from accumulations of waste
- - .. rubbish and other debris resulting from the Wort. At
.. ~ of the Wort CONTRACTOR shaD remove all
-..e IIIIIIaiaIs, rubbish and debris from and about the pn:.
IIIiIIcs as well as all tools, appliances, construction equipment
.. 8Idina y and surplus materials. CONTRAl.l uR shall
kDe Ibe site clean and ready for oc:c:upancy by OWNER at
~_.. Completion of the Worit. CONTRACTOR shall
I'C:IIIaR lit qnal condition all r I.." r .rty not designated for
I h ... by the Contr.lct Documents.
6..... CONTRACroR shall not load nor permit any pan of
.. SIIuC:IIR to be loaded in any manner that Will eodan&cr the
A-....~ DOf' shall CONTRN....luR subject any pan of the
~ or .pc:ent r'wr .rty to stresses or pressures that will
( -- .<1 iL
~~~nls:
6.19. CONTRACTOR shall maintain in a safe place at the
sire OIIC ra:ont copy of all DrawinSS, Specifications. Addenda,
Wriaca Amendments, Change Orders, Work Change Oirec-
rna.. F'1dd Orders and written interpretations and c1arific:a.
.-- C..., .J pursuant to parasraph 9.4) in .ood order and
ana.,] Ial.J 10 show all changes made duriDl construction.
1'bcse n:anI documents together with all approved Samples
aid a ca.ICrpart of all approved Shop Drawings Will be
.,........ ID ENGINEER for reference. Upon completion of
- ..- 11'
the Work, these record documents, Samples and Shop Draw.
inas will be delivered to ENGINEER (or OWNER.
:::
Sll/tI1.' . ...,:M:
6.20. CONTRN:TOR shall be responsible for initiatil1l,
maintaininl and 5upervisina 21tufery precautions and Jm)-
grams in connection with the Wort. CONTRAC1OR shaI1 take
all necessary precautions for the safety of, and shall provide
the ncc:cssary protection to prevent damage, irUury or loss to:
6.20. I . all persons on the Wort site or who may be
affected by the Work;
6.20.2. all the Work and materiaJs and equipment to be
incorporated therein. whether in storage on or off the site;
and
6.20.3. other property at the site or adjacent thereto,
inc:ludin. trees, shrubs, lawns, waIb. pavements, roadways,
structures, utilities and Unde'1J'OUOCf Facilities not desig-
nated for removal, relocation or replacement in the course of
construction .
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body havincjurisdiction for safety of
persons or property or to protect them from damage, iqjury or
loss; and shall erect and maintain all necessary safeguards for
such safety and protection. CONTJt.ILlU.., shall notify 0wn-
ers of adjacent property and of Ul L. ,'Jnd Facilities and
utility owners when prosecution of the Work may affcc:t them,
and shall cooperate with them in the protection, removal,
relocation and replacement of their .. ",. .rty. All dama&c,
irUury or Joss to any property referred to in paragraph 6.20.2 or
6.20.3 caused. directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any other
person or organization directly or i C, ..Jy employed by any
of them to perform or furnish any of the Wort or anyone for
whose acts any of them may be liable. shall be remedied by
CONTRAClOR (except damage or loss attributable to the
fault of Drawinss or Specifi._';w..s or to the acts or omissions
of OWNER or ENGINEER or ENGINEER's Consultant or
anyone employed by any of them or anyone for whose acts any
of them may be liabJc, and not attributable, directly or indi-
rectly, in whole or in part, to the fault or nqlisence of
CONTRAl..lvR or any Subcontractor. Supplier or other per-
son or orpnization directly or indirecdy employed by any 0(
them). CONTRACroR's duties and ,..,.. ...sibilities for safety
and for protection of the Work shaIJ coatinuc unhl such time as
all the Work is completed and ENGINEER has issued a, .~. "'.
to OWNER and CONTRh.lvR in accordancc with para-
graph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection wid! Substantial Comple.
tion).
S4fety Represenll1li~:
6.21. CONTRACTOR shall designate a qualified and expe-
rienced safety representative at the site whose duties and
26
responsibilities shill tic the prevention of acc:idents and the
maintainina and supcrvisina 01 safety precautions and ~
IJMII.
RtIZ'Ift c~".,...,:
6.22. CONTR/lC1OR shall be responsible for coordinatina
any ex<:hanae ~ ..-rial safety data sheets or other hazard
communication infOlUlion required to be made available to or
exc:han&ed betweea .. amona employers at the site in accor-
dance with Laws or lqulations.
EiMrgtttda:
6.23. In em_.~....:... aff'ectingthe safety or protection of
persons or the Wart or r I, 'r..rty at the site or adjacent
thereto, CONTlUClOR. without special instruction or au-
thorization from OWNER or ENGINEER, is obligated to
act to prevent dRatened damage, iqjury or loss. CON-
'J'RA,..IV,", shall pc ENGINEER prompt written notice if
CONTIUL 1 vR 1Idieves that any significant changes in the
Work or ~from the Contract Documents have been
caused thcrcby.IfENGlNEER determines that a change in
the Contrad DoaInents is required because of the action
taken by CONTIUCI'QR in response to such an eme........y,
a Work Oaangc n..... :..e or Change Order wiD be issued to
doc:wncnt the .... ,.,... JCnc:es of such action. -
6.24. SItDp Drawinp.. S4mp1n:
6.24.1. CONDALlvR shall submit Shop Drawings to
ENGINEER for ~ and approval in acc:ordan<:e with the
accepted sc:hcduIe tI Shop Drawings and Sample submittals
(see panIIF8Ph a. AD submittals will be identified as
ENGINEER nay require and in the number of copies
o#r ...:.lied in the GceeraI Requi.,.,..., .....ts. The data shown on
the Shop Drawilp will be complete with ......r .~ to quanti-
ties. dimensions. . It . .'~i . J perfonnanc:e and design criteria..
materials and siaiIIr data to show ENGINEER the materi-
als and cquipmeII CONTRAL IvR r ' 'r ,..es to provide and
to enable ENGINEER to review the information for the
limited pl.: 'f' ,A ~ by paragraph 6.26.
6.24.2. CONlVL IvR shall also submit Samples to
ENGINEER for .mew and approval in acc:ordanc:e with
said ...........tcd scWdc of Shop Drawings and SampJc su~
mittals. Each SIIIIlIc Will be identified clearly as to material,
SupplCf', pcrtillCllll_ such as catalog numbers and the use
for whidI intca*d and otherwise as ENGINEER may
require to enable ENGINEER to review the submittal for
the limited puIPOIICS required by paragraph 6.26. The nurn-
bcn of each SaaIpIe to be submitted will be as specified in
the S.. .::'.catioa
6.15. S"".,., ~:
6.15.1. Bc(QIC submitting each Shop DrawiRl or Sam-
ple, CON'I'RJtC'D shall have determined and verified:
6.25.1.1. aD ftcId rncasurcmcnts, quantities, dimen-
sions, specified pcr1onnanc:e criteria, installation require-
ments, materials, cataJoa nil . f.. ....1 and simalar information
with resped thereto,
6.25.1.2. aD materials with ....... ..: to intended use,
fabric:alion, shippina, handlina, storqe, assembly and
installation pertainina to the performanc:e ofthc Wort, and
6.25.1.2. an inf, ..,.lion relative to CONTlVtClOR's
sole responsibilities in ............ of means, methods, tech-
niques, sequences and p."... ~ures of c:onslNc:tion and
safety t'.......utions and p. ".....rns incident thereto.
CONTRACTOR shall also have reviewed and coordinated
each Shop Orawina or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the
Contrxt Documents.
6.25.2. Each submittal win bear a stamp or specific
written indi...';;w.. that CONTJUCrOR has satisfied CON-
TRACIOR's obligations under the Contad Documents with
respect to CONTRACIOR'S review and approval or that
submittal.
6.25.3. At the time of each submission, CONTRACTOR
shall give ENGINEER spcc:ific: written notice of such vari-
ations, if any. that the Shop Drawina or Sample submitted
may have from the requirementS of the Contract Doc:urncnts,
such notice to be in a written communication sep&me from
the submittal; and, in addition, shall cause a specific: noIation
to be made on each Shop Drawina and Sample submitted to
ENG IN EER (or review and a..,. .,.!8I of cac:h such variation.
6.26. ENGINEER will review and approve Shop DrawiRlS
and Samples in accordance with the schedule of Shop Draw-
ings and Sample submittals accepted by ENGINEER as re-
quired by paragraph 2.9. ENGINEER's review and approval
will be only to determine if the items covered by the submittals
will, after installation or inc:o.,. , ...lion in the Wort, conform to
the informatioo given in the C,.,...... Documents and be
c:ornpab"blc with the design concept or the completed Projcc:t as
a func:tionins wboIe as indicated by the C, ... ...ct Doc:urncnts.
ENGINEER's review and approval will not cxtend to means,
methods, techniques, sequences or.. ... . !urcs of c:onstruc:tion
(except where a partic:uIar means. method, technique, se-
quence or r'" ..Jure of construction is specifkal1y and ex.
pressly called for by the Con..." .. Doc:urncnts) or to safety
r.......l~...'"' or ",.,..rns incident thereto. 1bc review and
approval of a sepamc item as such will not indicate a,. t'. .' .'81 of
the assembly ill which the item functions. CONTRACTOR
shall make ..w',,,~s required by ENGINEER, and shall
return the required number or c.w.. ..~ed copics of Shop Draw.
ings and submit as required new Samplcs for review and
approval. CONTRACIOR shaD direct specific: attention in
writing to revisions other than the c.w......~s c:alled for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval or Shop Draw-
ings or Samples shall not relieve CONTlVtClOR from respon-
sibility for any variation from the requirements of the Contnct
T1
D, ...anenLl unIeu CONTlUClOl has in writina called EN.
GINEER', IItCMion to eadl such vlrialion at the time ~
submission U required by ........... 6.2.5.3 and ENGINEER
has Jiven written approval of eadl such variation by specific:
written notation thereof' inc:orporaaed in or accompanyina the
Shop Drawina or Sample approval; nor will any approval by
ENGINEER relieve CONTRAC'lOR from ...... "nsibility for
c:ompIyiaa with the requiremeMs of paraaraph 6.2.5.1.
6.28. Where a Shop Drawinl or Sample is required by the
Contract Documents or the schedule of Shop Drawinas and
Sample submissions accepted by ENGINEER as required by
........... 2.9, any related Work .. ., (:,rmed prior to ENGI-
NEER's review and approval of the pertinent submittal will be
It the sole expense and res... ...1JiJity of CONTRACIOR.
c~ tJw Wcri:
6.29. CONTRACTOR shall carry on the Wort and adhere
to the r '. ~IS schedule durina aI disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend.
ilia resolution of any disputes or disagreements, except as
permitted by paraaraph 15.5 or as OWNER and CONTRAC.
TOR may otherwise agree in wriq.
UI.. CONTRN::roR'. ~M1'III WGn'lZllt1 tI1IIl GIUlI1UItH:
6.30.1. CONTRACTOR warrants and JWll'IIltees to
OWNER. ENGINEER and ENGINEER's Consultants that
all Wort will be in accordance with the Contract Documents
and wit not be d~~cliv~. CONTRAC'JOR's warranty and
auaranrce hereunder cxcludes defects or damage caused by:
6.30.1.1. abuse, modific:ation or L. ~ "per maintcnance
or operation by persons other than CONTRACTOR, Sub-
.., . . ".ctors or Suppliers; or
6.30.1.2. ." " aI wear and tear under nonnaJ usage.
6.30.2. CONTRACTOR'sobliption to perform and com-
plete die Wort ia acc:ordance willi the Contract Documents
shaD be absolute. None of the foJJowina wiD constitute an
" ... or ranee ~ Wort that is not in l.........Anc:e with the
Coal '" .., Documents or a rcIease of CONl'RAL 1 Va'. 's obIi-
ption to perform the Wort in. ~., I.. ~ with the Contract
Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.3. recommendation of any p. ,o-.ss or final
payment by ENGINEER;
6.30.2.3. the issuance ~ a certificate of Substantial
Completion or any paYmenl by OWNER to CONTRAC.
avR under the Contract Documents;
6.30.2.4. use or occ:upanc:y of the Work or any part
theRo( by OWNER;
rll
6.30.205. any acceptance by OWNER or any failure to
dolO;
6.30.2.6. any review and a..... ,aI of a Shop Drawina
or Sample submittal or the issuance of a notice ~ .. ........c.
ability by ENGINEER pursuant to paracraph 14.13;
6.30.2.7. any inspection, test or approval by olhcrs; or
6.30.2.8. any c".. ~~.ion of d~f~ct;v~ Worit by OWNER.
1I11kmniJicaJi.M:
6.31. To the fullest extent permitted by Laws and RquJa.
lions, CONTRA.. IVa\ shall indcmnify and hold hannlcss
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, asents and other consultants of
each and any of them (rom and against all claims, costs, losses
and cIamaaes (including but not limited to all fees and charaes
of engineers, architects, attorneys and other professionals and
all court or arbitration or other dispute resolution costs) caused
by, arisin. out of or resulting from the perfonnanc:e of the
Work, provided that any such claim, cost, loss or damage: (i) is
attnbutable to bodily il\iury, sickness, disease or death. or to
il\iury to or destruc:tion of tangible property (other than the
Wort itself), including the loss of use resultina therefrom, and
(ii) is caused in whole or in part by any nqligent Kt or
omission ofCONl'RALluR, any Subcontractor. any Supplier.
any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Wort or anyone
for whose acts any ofthcm may be liabIc, rep.rdlcss ofwhcthcr
or not caused in pan by any negligence or omission of a person
or entity indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Rqulations ...... J-
less of the negJigence of any such person or entity.
6.32. In any and all claims against OWNER or ENGI.
NEER or any of their respective consultants. agents. officers.
directors or employees by any employee (or the survivor or
personal representative of such employee) of CON'I'RAL 1 vR,
any Subcontractor, any Supplier, any person or orpnization
directly or indirectly employed by any of them to perform or
furnish any of the Wort, or anyone for whose acts any ~ them
may be liable. the indemnification obligation under paraaraph
6.31 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 person or orpnization under wortr.cn' com.. ...M ,lion
acts, disability benefit acts or other cmployee benefit acts.
6.33. The indemnific:ation obligations of CONTRACTOR
under paragraph 6.3 I shall not extend to the liability of ENGI-
NEER and ENGINEER's Consultants, officers, directors.
employees or agents caused by the professionaJ nqliaence,
errors or omissions of any of them.
SuniWll of ObligaliolU:
6.34. All reprcsentations, indemnifications, wanantics and
guarantees made in, required by or given in accordance with
28
.. Connet Oocwnents, IS weB IS all continuina obJiptions
iDdicated in the Contrxl Documents, will survive ftnal pay-
BIlt, completion and acceptanCe of the wort and termination
<< completion of the Apument.
ARTICLE 7-OTHER WORK
,.,. Wort till 5.:
7.1. OWNER may perform other work related to the
Projec:t at thc sitc by OWNER"s own forces, or Ict other
clirec:t contracts therefor which shall contain General Condi-
lions similar to thcse, or havc othcr work performed by
lIIiIity owners. If the (act that such other work is to be
pcrfonncd was not noted in the Contract Documents, then:
(i) written notice thereof will be livcn to CONTRACTOR
prior to startin. any such othcr work, and (ii) CONTRAC-
IDR may makc a daim therefor as provided in Articlcs 1 I
lad 12 if CONTRACTOR belicvcs that such performance
will involvc additional expense to CONTRACTOR or re-
quires additional time and the parties are unablc to agree as
10 the amount or cxtent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the addi.
1ionaJ work with OWNER's cmployccs) proper and safc
. ___,I to thc site and a reasonable opportunity for the
-..oduction and storage o( matcrials and equipment and the
accution of such other work and shall properly connect and
coordinatc the Work with theirs. U nlcss otherwise provided
.. the ConlnU:t Documcnts, CONTRACIOR shall do all
catting. fittina and patching of the Work that may be required
lit makc its $Cvcral parts corne tOlcthcr properly and inte.
arate with such other wort. CONTRAa..lvR shall not cn-
dan&er any work of others by cutting, cxcavating or othcr-
wise altering their work and will only cut or alter their wort
with the writtcn consent of ENGINEER and thc others
whose work Will be affected. The duties and responsibilitics
~CONTRh.lvR undcr this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for thc bencfit of CON-
TRAr...lvR in said direct contracts between OWNER and
such utility owncrs and other contractors.
7.3. If the proper execution or results of any part of
CONTRAC1OR's Work depends upon work performed by
others under this Article 7, CONTRACI'OR shall inspect such
other worit and promptly report to ENGINEER in writing any
delays, dcfects or deficiencies in such othcr wort that render it
unavlllable or unsuitable (or the proper execution and results
~ CONTRACTOR's Work. CONTRACTOR's failure so to
report will constitute an acceptance of such other work as fit
and proper for integration with CONTRACTOR's Work except
b latcnt or nonapparent dcfects and dcficiencies in such other
wort.
I 1:1
Coordi1wttliMl:
7.4. If OWNER c:ontracts with others for the performanc:c
0( other work on the P .;..t at the site, the rollowina will be set
(orth in Supplernenlary Conditions:
7.4.1. the person, finn or co'r .....lion who Wilt have
authority and responsibility (or coordination of the activities
arnonl the various prime contl'aCtOl1 will be identified;
7.4.2. the specific: matters to be covcred by such author.
ity and responsibility Will be itemized; and
7.4.3. the cxtcnt of such authority and responsibilities
will be provided.
Unlcss otherwise provided in the Supplementary Condi-
tions, OWNER shall have sole authority and responsibtlity in
respect of such coordination.
ARTICLE 8-OWNER'S RESPONSIBILITIES
8. I . Except as otherwise provided in these Gcneral Condi-
tions, OWNER shall issuc all c:omrnunications to CONTRAC:-
lOR through ENGINEER.
8.2; In case of tcrmination of the employment of ENGI.
NEER, OWNER shall appoint an cngineer against whom
CONTRACIOR makes no reasonable o~;...~on, whose stablS
under the Contract Documents shall be that of the (ormer
ENGINEER.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents prompdy and shall make pay-
ments to CONTRAt..lvR" ..ptJy when they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's dutics in . .........~ of providina lands and
easements and providina clllL .":\10 SlnCYS to establish ref.
erence points are set forth in pant8I'llPhs 4.1 and 4.4. Paragraph
4.2 refers to OWNER's idcntifyina and makina available to
CONTRAL..1V~ copies of reports of explorations and tests of
subsurface conditions at the site and drawinas of physica1
conditions in exi,,~:,... structures at or ...'..' '~'I. JOUS to the site that
have been utllized by ENGINEER in preparina the Contrxt
Documents.
8.5. OWNER's responsibilities in '..... ...l of purc:hasina
and maintainina liability and property insuranc:c are set forth in
paragraphs 5.5 throuah 5.10.
8.6. OWNER is obligated to execute Changc Orders as
indicated in P.M8JraPh 10.4.
8.7. OWNER's responsibility in .....,. ..t of ccrtain inspec-
tions, tests and approvals is set (orth in paraaraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Worit, see paragraphs 13.10 and 15.1. ParasraPh 15.2
deals with OWNER's right to tcrminate services of CON.
TRALlvR under certain circumstances.
29
'.9. The OWNER shall not supervise, direct or have
c:ontrvI or IUthoriIJ ovcr, nor be responsible for, CONTRAC.
1OR'IInCanS. mdbods. techniques, sequenc::es or procedures
tI .. ." K:tion orlllc safety precautions and p.~....ms inc:ident
1hercIo. or (or IIIJ failure of CONTRACTOR to comply with
Laws.. Reaulalioas applicable to the (urnishing or perfor-
mance 01 the \\Wk. OWNER will not be responsible (or
CONTRlCIOR's failure to perform or furnish the Wort in
acc:onIance with lie Contract Documents.
'.10. OWNErS responsibility in respect of undisclosed
Asbestos, PCBs. ~eum, Hazardous Waste or Radioactive
Materials unc:oveRd or revealed at the site is set forth in
parqraph 4.5.
8. I I. If and to the extent OWNER has agreed to furnish
CONTRACTOR JaSOnable evidence that financial arrange-
ments have been -.de to satisfy OWNER's obligations under
the COIIIract Doc.ments, OWNER's responsibility in respect
thereof will be as set forth in the Supplementary Conditions.
ARTICLE 9-ENGINEER'S STATUS DURING
C<:I6'TRUCTION
OWNErs Re~:
9.1. ENGINEER will be OWNER's representative during
the c. ......1Ction paiod. The duties and responsibilities and the
IirnitaIioas of autMriry of ENGINEER as OWNER's repre-
S_....~.re during ClllStrUc:tion are set forth in the Contract
Doc:wne.rs and sbII DOt be extended without written consent
tI OWNER and ENGINEER.
ViIi&r If) Sik:
9.2. ENGINEER Will make visits to the site at intervals
appropr- to the ,,~. JS stages of construction as ENGI-
NEER deems n..d.,,} in order to observe as an cxperienced
and quailed dcsiJI professional the p,.....15 that has been
made and the quafly m the various aspectS of CONTRAC.
roR's_....Jted \l1R. Based on information obtained during
suc:b visiIs and ot.rYations, ENGINEER will cndeavor for
the l ... .Jil tI OWNER to determine, in general, if the wort is
proc-liIw in acc~~ with the ContnICt Documents. EN-
GINEER Will not be Rquired to make exhaustive or continu-
ous on-siIe L oJ.. . .~', 1.1 to check the quality or quantity of the
Worit. ENGINEErs eft"orts will be directed toward providing
for OWNER a.. ......, ,J...,~ of confidence that the completed
Wort wiI conform JmCraJly to the Contract Documents. On
the basis 01 such visils and on-site observations, ENGINEER
win keep OWNER iIionned of the p.... ~ss of the Work and
Will cnd..... ,'.r to suR OWNER against defective Work. EN.
GINEER.s visits ani c.-site observations are subject to all the
limitations on ENGlNEER's authority and responSibility set
forth in panaraph 9.13. and particularty, but without limitation,
durilll or as a rad of ENGINEER's on-site visits or
-.--..---.-. --~.. .. ,.,.
observations ofCONTRACTOR's Wort ENGINEER will DOC
supervise. direct. control or have authority over or be resp0n-
sible for CONTRACTOR's means, methods, techniques, se-
quenc:es or procedures of construction, or the safety preQU-
lions and p..... cJ1lS incident thereto, or for any failure <<
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of the Wort.
Proj<<l Repnstnlllliw:
9.3. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist ENGI-
NEER in providing more continuous observation of the Work.
The responsibilitics and authority and limitations th..,...l of
any such Resident r ...;... Representative and assistants will be
as provided in paragraph 9.13 and in the Supplcmentary
Conditions. If OWNER designates another '~r,.....entativc or
agent to represent OWNER at the site who is not ENGI-
NEER's Consultant, agent or employee, the responsibilities
and authority and limitations thereon of such other person win
be as provided in the Supplementary Conditions.
Cltuijiadions tUUll nt., ," ,.,4Iio1lS:
9.4. ENGINEER will issue with reasonable promptnC$s
such writtcn clarifications or interpretations of. the require-
ments of the Contract Documents (in the form of DrawifllS or
otherwise) as ENGINEER may determine necessary, which
shall be consistcnt with the intent of and reasonably infcrablc
from Contract Documents. Such written clarific:ations and
interpretations will be binding on OWNER and CONTRAC-
lOR. If OWNER or CONTRACroR believes that a written
clarification or interpretation justifies an adjustment in the
Contract Price or the Contract Times and the parties are unable
to agree to the amount or extent thereof, if any, OWNER or
CONTRA.. I v... may make a written claim therefor as pr0-
vided in Article 11 or Article 12.
AutIJorizld Va.:",:.JU ill Wort:
9.5. ENGINEER may authorize minor variations in the
Wort from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Times and are c:ornpab"bJc with the design c:onc:cpt of
the complcted Project as a func:tionina wholc as indicated by
the Contract Documents. These may be ac:c:ornplishcd by a
rleld Order and will be binding on OWNER and also on
CONTRA.. J uR who shall perform the Work involved r .. ",.pdy.
If OWNER or CONTRAl..IV... believes that a Field Order
justifies an adjustment in the Contract Price or the Contract
Times and the partics are unable to agree as to thc amount or
extent thereof. OWNER or CON1lVLTOR may make a
written claim therefor as provided in Article 1 I or 12.
Rejecting DeftcliH Wol'i:
9.6. ENGINEER will have authority to disapprovc or
reject Work which ENGINEER believes to be defective, or
30
dill ENGINEER believcs will DOl producc a completed Projc(t
that c:onf'onns to the Contract Documents or that will prejudice
the intqrity of the desian concept 0( the completed P .~..t as
a functionilll whole u indicated by the ControlCt Documents.
ENGINEER will also have authority to require special inspec-
tion or tcstin. of thC Wort IS provided in paragraph 13.9.
whether or not the Work is fabricated. installed or completed.
SMp Drawings, C""",* Onkn tut4 PapMnls:
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples. see paragraphs 6.24 through 6.28
inclusivc.
9.8. In connection with ENGINEER's authority as to
Ctangc Orders, see Articles 10, II, and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment. see Article 14.
lkkrmUuztiotU lor Ullit pm,:
9.10. ENGINEER will determine the actual quantities and
dassific:ations 0( Unit Price Work performed by CONTRA(>
TOR. ENGINEER wm revicw with CONTRAClOR the EN-
GINEER's preliminary determinations on such matters before
render1n. a written decision th...... (by recommendation of an
Application for Payment or otherwise). ENGINEER's written
decision thereon will be final and binding upon OWNER and
CONTRA;.. I vR. unless. within ten days after the date of any
such decision, either OWNER or CONTRACTOR dclivcrs to
the other and to ENGINEER written notice of intcntion to
appeal from ENGINEER's decision and: (i) an appeal from
ENGINEER's decision is taken within the time limits and in
l m !anc:e with the ~ures set forth in Exhibit GC-A.
"Disputc Resolution Asreemcnt:' cntered into betwccn
OWNER and CONTRACTOR pursuant to Articlc 16. or (ii) if
no such Dispute Resolution Agreement has been entered into.
a formal proceeding is instituted by the appealing party in a
fonun of compctcnl jurisdiction to excrcise such rights or
remedies as the appeaJilll party may have with respect to
ENGINEER's d. .~.; ... unless otherwise agreed in writing by
OWNER and CONTRAC1OR. Such appeal will not be subject
to the proc:cduresofparagraph 9.11.
D,..:,:,III 011 DispfIIa:
9. I I. ENGINEER will be the initial interpreter of the
requiremcnts of the Contract Documents and judgc of the
acceptability of the Work thereunder. Claims. disputes and
other matters relatilll to the acceptability of the Work or the
intcrpretation of the requirements of the Contract Documents
pertaining to the performance and (umishin. of the Wort and
Claims under Articles I I and 12 in respect of changes in the
Contract Price or Contract Times will be referred initially to
ENGINEER in writing with a request for a formal decision in
acc:ordanc:e with this paraaraph. Written notice of each such
claim. dispute or other matter wiD be delivered by the c:Jairnant
r 11
to ENGINEER and the other party to the Aarecment promptly
(but in no event later than thirty days) aftcr the start 01 the
occurrence or event livinl rise thereto, and written supporti..
data will be submitted to ENGINEER and the other party
within sixty days after the scart of such occurrence or event
unless ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support of
such claim. dispute or other maUer. The opposina party shall
submit any response to ENGINEER and the claimant within
thirty days after receipt o( the claimant's last submittal (unless
ENGINEER allows additional time). ENGINEER will render
a formal decision in writina within thirty days aftcr receipt of
the opposing party's submittal, if any, in accordance with this
parasraph. ENGINEER's written decision on such claim,
dispute or other matter will be final and binding upon OWNER
and CONTRALlvR unless: (i) an appcal from ENGINEER's
decision is taken within the time limits and in accordance with
the procedures set forth in EXHIBIT GC-A, "Dispute Reso-
lution Agreement:' entered into between OWNER and CON-
TRACTOR pursuant to Article 16. or (ii) if no such Dispute
Resolution Agreement has been entered into. a written notice
of intcntion to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other and to
ENGINEER within thirty days aftcr thc datc of such decision
and a formal proceeding is instituted by the appcalinl party in
a forum of competent jurisdiction to cxcrcise such rights or
remedies as the appealing party may have with respect to such
claim. disputc or other matter in accordance with applic:able
Laws and Regulations within sixty days of the date of such
decision. unless otherwise Ie- n~ in wrltin. by OWNER and
CONTRAClOR.
9.12. When functionin. as interpreter and judge under
paragraphs 9. 10 and 9. I I. ENGINEER will not show partiality
to OWNER or CONTRACTOR and will not be liable in
conncc:tion with any interpretation or decision rendered in
sood (aith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 or 9. I I with respect
to any such claim. dispute or other matter (cxcept any which
have been waived by the makins or ac:c:eptanc:e of final
payment as provided in paragraph 14.15) will be a condition
precedent to any exercise by OWNER or CON'I'Rh..lvR of
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any such claim. dispute or other matter pursuant to Article 16.
9.13. I.imiIDIio", 011 ENGINEER's Authorit1 tmd Responsibi/iIia:
9.13. J. Neither ENGINEER's authority or responsibil-
ity under this Articlc 9 or under any othcr provision of lhe
Contract Documents nor any decision made by ENGINEER
in sood faith either to exercise or not exercise such authority
or responsibility or the undertakina, exercise or perfonnanc:e
of any authority or responsibility by ENGINEER shall
create. impose or give rise to any duty owed by ENGINEER
to CONTRACTOR. any Subcontractor, any Supplier, any
other person or organization. or to any surety for or em-
ployee or agent of any of them.
31
9.13.2. ENGINEER win DOl supervise, direct, control
or haYC authority over or be responsible for CONTRAC.
TOR', means. methods, techniques. sequences or proce-
dures of construction. or the safety precautions and pn>
anum incident thereto, or for any failure 0( CONTRACTOR
CO comply with Laws and Regulations applicable to the
furnishinl or performance of the Wort. ENGINEER will not
be responsible (or CONTRACTOR's failure to perform or
furnish the wort in accordance with the Contract Docu-
ments.
19.13.3. ENGINEER will not be responsible for the acts
or omissions of CONTRACTOR or of any Subcontractor,
any Supplicr. or of any other person or organization perform-
inl or fumishin. any of the Wort.
9.13.4. ENGINEER's review ofthe final Application for
Payment and accompanyins documcntation and all mainte-
nance and operating instructions. schedules. guarantees.
bonds and ccrtificatcs of inspection. tcsts and approvals and
Other documentation required to be delivered by paragraph
14.12 will only be to determine generally that their content
complies with the requirements of, and in the case of
certificates of inspections, tests and approvals that the
results certified indicate compliance with. the Contr.lct Doc.
uments.
9.13.5. The limitations upon authority and responsibility
set forth in this par7lll'8ph 9.13 shall also apply to ENGI-
NEER's Consultants. Resident Project Representative and
assistants.
ARTICLE I~HANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time, ordcr additions, delctions or revisions in the Work.
Such additions, delctions or revisions will be authOrized by
. Wrincn Amcndmcnt, a Chan.e Ordcr. or a Wort Chanse
Directive. Upon reccipt of any such documcnt, CONTRAC-
TOR shaD promptly proceed with the Work involved which
will be performcd undcr the applicable conditions of the
Contrac:t Documcnts (cxcept as othcrwisc specifically pro-
vided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extcnt. if any, of an adjustment in the Contract Price
or an acljustment of the Contract Timcs that should be allowed
as a result of a Work Chan.e Directive. a claim may be made
thcrefor as provided in Article II or Article 12.
10.3. 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 and supplemented
as provided in paragraphs 3.5 and 3.6 except in the case of an
cmcrgency as provided in paragraph 6.23 or in thc case of
uncovcrinl Wort as provided in paragraph 13.9.
I II
10.4. OWNER and CONTRA.lvR shall execute appr0-
priate Cban,e Orders recommended by ENGINEER (or Writ-
ten A. , .. , Jments) covering:
10.4. J. chanaes in the Work which are (i) ordered by
OWNER pursuant to paragraph 10.1. (it) required because of
acceptance of d,/,ct;v, Wort under paragraph 13.13 or
correctin. d,/,ct;v, Wort under panaraph 13.14, or (ii)
agreed to by the parties;
10.4.2. changes in the Contract Price or Contract Tunes
which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract Times
which embody the substance of any written decision re.
dered by ENGINEER pursuant to paragraph 9. I I;
provided that. in lieu of cxecutin. any such Chanle 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, CON-
TRACI'OR shall carry on the Wort and adhere to the propas
schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope of
the Work or thc provisions of the Contract Documents (inclaJd-
ing. but not limited to. Contract Price or Contract Times) is
required by the provisions of any Bond to be livcn to a surety,
the givins of any such notice will be CONTRACroR's res~
sibility. and the amount of each applicable Bond will be
adjusted ac:cordin8lY.
ARTICLE II~HANGE OF CONTRACT PRICE
I 1.1. The Contract Price constitutes. the total compensa-
tion (subject to authorized adjustments) payablc to CON-
TRAl.l v... (or performins the Work. AU duties, responsibili-
ties and obIiptions assigned toorundertakcn byCONTRAI.. IvR
shall be at CONTRACTOR's expense without change in the
Contract Price.
I 1.2. The Contract Price may only be chan&cd by a Chanac
Order or by a Written Amendment. Any claim for an adjust-
ment in the Contract Price shall be based on writtcn notic:e
delivered by the party making the claim to the other party and
to ENGINEER promptly (but in no event Iatcr than thirty
days) after the start of the occurrence or evcnt livinl rise to the
claim and statins the general nature of the claim. Notice of the
amount of the claim with supportinl data shall be delivered
within sixty days after the start of such occurrence or evcnt
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statcment that
the adjustment claimed covers all known amounts to which the
claimant is entitled as a result of said occurrence or event. AD
claims (or adjustment in the Contract Price shall be determined
by ENGINEER in accordance with paragraph 9.1 I if OWNER
and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Price wiD
32
be YIId f not submitted in accordance with this pII'IIRPh
11.2.
11.3. The value of any wort covered by . Chan&e Order or
cI .., claim for an adjustment in the Contract Priee wiD be
dctcrIined as follows:
11.3.1. where the wort involved is covered by unit
prices contained in the ConlJ'aCt Documents, by appIic:alion
cI... unit prices to the quantities of the items involved
(suIiect to the provisions of pa.raaraphs 11.9.1 throuah
11.9.3. inclusivc);
11.3.2. where the Wort involved is not covcred by unit
prices contained in the Contrxt Doc:uments, by . mutually
... lump sum (which may include an aDowanc:c for
~ and profit not nec:essanly in accordanc:e with
paacraph I 1.6.2);
11.3.3. where the Work involved is not covcred by unit
prices contained in the ConIJ'aCt Doe:umcnts and aaveemcnt
to a lump sum is not reached under paragraph 11.3.2, on the
basis << the Cost of the wort (determined as provided in
p8IIIIJ'8Phs 11.4 and 11.5) plus a CONTRACIOR's fee for
0\. .:, ... J and profit (determined as provided in parapaph
11.6).
CM 1/* Wort:
11.4. The tenD Cost of the Work means the sum of aD costs
" ...",..riIy incurred and paid by CONTRA..avR in the r "r .,
pcrfOil_1CC of the Work. Except as otherwise may be a.....j
ID ia wrilin& by OWNER, such costs shall be in amounts DO
.... daan those pl'Cvaa1ing in the Joc:aIity of the Projec:t, shall
iDcIulk only the followina itcms and shall not include any of the
....".,ilemized in paraaraph 11.5:
11.4.1. Payroll costs for employees in the direct employ
G CONTRACTOR in the performance of the Work under
sc:Wdn of job classific:atioos a.. .. j upon by OWNER and
CON'I'RAL.lvR. Such employees shall include without Jim-
bIiDa superintendents, f.' .",.en aod other personnel em-
pIoJed fuD- time at the site. Payroll costs for employees not
~ full time on the Work shaD be a~~ ' : , I eel on the
basis fI their time spent 011 the Work. Payroll costs shall
indItIe, but not be limited to, saIarics and waaes plus the
COlI <<fiinae benefits wbic:b shaD include social security
QOIIriMjons, uncmploymem, cxc:ise and payroll taxes, wort.
en- compensation, health and reti. ..',., .".1 benefits, bonuses,
sicllcave, vacation and holiday pay appIic:abJc thereto. The
e, ~ .....es of performing Work after regular WOI1dna hours,
OD Salurday, Sunday or IcgaI holidays, shaD be included in
the abovc to the cxtent authorized by OWNER.
11.4.2. Cost of aD materials and equipment furnished and
iocaIporated in the Work, including costs of trans.~, .. .: . ..
... ~ thereof, and Suppliers' field services required in
co.ection therewith. AD cash discounts shaI1 accrue to
~u.h..JCIOR unless OWNER deposits funds with CON-
TMC10R with which to make payments, in which case the
'''l'
cash discounts shaIIlCCIUC to OWNER. AD CI'Idc discounts.
rebala and refunds and returns from sale of surplus materi-
als and equipment shall acauc to OWNER, and CON.
TRAC'IOR shaI1 make provisions so that they may be
obtained.
11.4.3. Payments made by CONTRACTOR to the Sub-
conUXtOrS for Work perf, .. , . J or furnished by Subcontrac-
tors. If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractors acc:epCabJc to OWNER
and CONTRlCI'OR and shall delivcr such bids to OWNER
who will then detcrmine, with the advice ~ ENGINEER,#which bids, if any, will be accepted. 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 shalt be dctermined in the same manner as
CONTRN:TOR's Cost of the Work and fee as provided in
~ 11.4, 11.5, 11.6 and 11.7. All subcontrxts shaJI
be subject to the othcr provisions of the Contnac:t Documents
insofar as applicable.
11.4.4. Costs of special consultants (iocludina but not
limited to engineers, architects, testing laboratories, survcy-
ors, attorneys and accountants) employed for services spc-
cificaDy related to the Work.
I 1.4.5. Supplcmental costs inc:ludina the folJowing:
11.4.5. t. The proportion of ncc:essary transportation,
travd and subsistence expenses of CONTRACTOR's crn-
p!.. .r.... incurred in disclwJe of duties connec:tcd with the
Work.
11.4.5.2. Cost, includina transr. ....~on and mainte-
nance, of aD materials, supplies, equipment, machinery,
appIianc:cs, oftic:e and temporary facitmes at the site and
hand tools not owned by the workcn, which are con-
sumed in the pcrfOl'D'l8RCC of the Work, and cost less
market value of such items used but nee consumed which
remain the r . '.. r. ~J of CONTlVCTOR.
11.4.5.3. Rentals of aD constn..:.," equipment and
machinery and the parts thered wbcthcr rented from
CONTJVi..l vR or others in accordance with rental aaree-
mcnts a..~ .,' fed by OWNER with the advice of ENGI-
NEER, and the costs of transportalioo, Ioadina, unload-
q, installation, dismandina and ,'r", ,.'31 t[, ....t-aO in
, ..... .!..anc:e with the tcnns of said rental a., . r....,.ents. The
. . "..1 of any such equipment, machinery or parts shaJI
cease when the use thered is no 1.;._ ..........581')' for the
Work.
t 1.4.5.4. Sales, consumer, use or similar taxes related
to the WOrt, and for which CON'l"RAL luR is liable,
imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than nqli-
...... of CONTRALIV..., any Subcontral:tor or anyone
direc:tly or indin:dly cmployed by any of them or for
whose adS any of them may be liable, and royalty
payments and fees for permits and ticenses.
33
I 1.4..'-6. Losses'" cIamaaes (and related cxpenses)
c:aused by cIamIie to the Work, not compensated by
inSUIWlCe or otherwiIc. sustained by CONTRACTOR in
connection with the pcrfonnanc:e and fumishil1l ~ the
Work (except IosseIIDlI dama&es within !he deductible
amounts of.. '.. .11,inslnnc:e established by OWNER in
ICc:ordance with pIIIIpaph '.9), provided they have R'
suited from causes'" than the nqliaenc:e ~ CON-
TRA.... IvR, any S*:antnc:tor, or anyone directly or
indirec:tly cmployed'r"y of them or for whose acts any
~ them may be laMe. Such losses shall include settle-
ments made with * writtcn consent and approval o(
OWNER. No such 1IIscs, darnaaes and expenses shall be
included in the C. . the Work (or the purpose 0(
detcnninina CONTlACTOR's fee. If, howcver, any such
loss or damage I'CQIIi'a reconstruction and CONTRAC-
TOR is placed in chllp: thereof, CONTRACTOR shall be
paid for services a fie proportionatc to that stated in
pllI'a8I"aph I 1.6.2.
11.4.'.7. The COlI. utilities, fuel and sanitary facili-
ties at the site.
11.4.'.8. Minor. ... ., ..es such as telegrams, Iona dis-
tance telephone call, Idcphone service at the sitc, ex-
pressaae and similar,eay cash items in connection with
theWortt.
11.4.'.9. Cost ~Jl'ClDiums for additionaJ Bonds and
insurance required beaase of changes in the Wort.
11.5. The tcrm Cost If die wort shall not include any of
the followina:
11.5.1. Payroll COSII_ other compensation of CON-
TRACTOR's oftic:ers, CleClltivcs, principals (of partnership
and sole proprictorshipl). aencral rnanaeers, cngineers. art
chitects, estimators, ...-.eys, auditors, acc:ountants, pur_
chasina and c:ontractiw aeents, cxpediters, timekeepers,
c:Ierts and other pa-.d cmployed by CONTRh..lvR
whether at the sitc or. CONTRAl...lvR's principal or a
branc:h office for ...... .., J ...nistration of the Wort and not
.... . .:!.....Dy included ill die apeed upon schedule ~ job
classiC ...: ,~. . lIS refcmd It ill paraaraph 11.4. I or specifically
covcred by paraaraph n.4.4-al1 of which arc to be c:onsid-
creel administrativc COla covcred by the CO~ luR's
fee.
11.5.2. Expenses #6 OONTRAClOR's principal and
branc:h ofIic:es other ~R's office at the site.
11.'.3. Any part ofCON'TRACTOR's capital expenses,
including interest on C<>>n'RACTOR's capital employed for
the Work and charges apinst CONTRALluR for delin-
quent payments.
11.5.4. Cost of prca:~ for all Bonds and for all
insI.....~ whether or natCON"l'lVL I vR is required by the
Contract Doc:umcnts fa Jl8R:hase and maintain the same
(cxcept for the cost ~ ......ms covcred by subparagraph
11.4.'.9 above).
-_._~.......,~-_......,_.- ,,.
11.5.5. Costs due to the near.. ..e ofCONTRAC.
TOR, any Subcontractor, or anyone directly or indi-
rectly cmployed by any of them or for whose acts any
ofthem may be liable. includinibut not limited to. the
correction of d~f~ctiv~ Work, disposal of matcrials or
cquipment wron&lY supplied and making good any
damagc to property.
Othcr overhead or generaJ expense costs of any kind
and the costs of any item not specifically and expressly
included in paragraph I J .4.
11.6. The CONTRACTOR's fee allowed to CONTRAC-
TOR for ovcrhead and profit shall be determined as follows:
J 1.6. J . a mutually acccptable fixed fee; or
11.6.2. if a fixed fcc is not ~....J upon, then a fee
based on the following percentages of the various
portions of thc Cost of the Work:
I 1.6.2.1. (or costs incurred under paragraphs 11.4. I
and 11.4.2, the CONTlVCroR's fee shall be fifteen
percent;
I 1.6.2.2. for costs incurred under paragraph I 1.4.3,
the CONTRACTOR's fee shall be five percent;
11.6.2.3. where one or more tiers of subcontracts are
on the basis of Cost of the wort plus a fee and no fixed fee
is agreed upon, the intcnt of pa......phs 11.4.1, I 1.4.2,
I I .4.3 and I I .6.2 is that the Subcontractor who ac:tuaIly
performs or furnishes the Wort, at whatever tier, will be
paid a fee of fifteen pen:ent of the costs inc:urred by such
Subcontnc:tor under panlInlphs 11.4.1 and I 1.4.2 and that
any hishcr tier SubcontnlCtor and CONTRAo... I vR will
each be paid a fee of five pen:ent of the amount paid to the
next lower tier Subcontractor,
I 1.6.2.4. no fee shall be payable on the basis of costs
itemized under paragraphs 11.4.4, 11.4.S and 11.5;
I 1.6.2.'. the amount of credit to be aDowed by CON-
TRACTOR to OWNER for any cfaange which ruults in a
net decrease in cost win be the amount ~ the actual net
decrease in cost plus a deduction in CONTRh..lvR's fee
by an amount equal to fivc ... .. .. 1 ~ such net d..... .....se;
and
11.6.2.6. when both additions and credits arc involved
in anyone change. the adjustment in CONTRAC1OR's
fee shall be computed on the basis of the oct change in
acc:ordanc:e with paragraphs I 1.6.2. I through I 1.6.2.5,
inclusivc.
I 1.7. Whenever the cost o( any Wort is to be detcrmined
pursuant to paragraphs 11.4 and I 1.5, CONTRACTOR will
establish and maintain records thereof in a........ ~ with
Benerally accepted accountins practices and submit in form
acc:eptable to ENGINEER an itemized cost breakdown to-
gether with SUr.. .. Jng data.
34
c.d ...........
11.1. It is understood that CONTRACl'OR has included in
the Contract Price all aI10wances 50 named in the Contract
Doaaments and shall QUIC Ihc Wort 10 covcred to be fur.
nished and performed for such sums as may be acceptable to
OWNER and ENGINEER. CONTRACl'OR aarees that;
11.8.1. the allowances include the cost to CONTRAC-
TOR (Jess any applicable trade discounts) of materials and
equipment required by Ihc allowances to be dclivcred at the
sitc, and aD applic:able taxes; and
11.8.2. CONTRACTOR's costs for unloading and ban-
dlina on the site, labor, installation costs, overhead, profit
and ocher cxpenses contemplated for the allowances havc
been included in the Contrxt Price and not in the allowances
and no dcmand for additional payment on account o( any of
the fw. ...w~na will be valid.
Prior to final payment, an a.....wr.:..te Change Order will be
issued as recommended by ENGINEER to reftec:t actual
amounts due CONTRACroR on ac:c:ount of Wort covered by
aIIowanc:cs, and the Contr.lct Price shall be ~.. w..pondingly
ad"jUStcd.
11-'. Vlfit Price Wort:
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Wort, initially the
Contract Price will be 1..: cI. . J to include for all U nit Price
Wen an amount equaJ to the sum of the established unit
" . " _ ,: for each sepanlIdy identified item of Unit Price Wort
limes the estimated quantity of each item as indicated in the
A..-., ..,.t. The estimated quanlities of items of Unit Price
Work are not pwanteed and are solely for the purpose of
comparison of Bids and detcrmining an initial Contract
Price. Determinations ~ Ihc actual quantities and cJassifk:a-
lions of Unit Price Wort perf..,<c .J by CONTRACTOR will
be made by ENGINEER in ac... ':".nc:e with paraaraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount ."..'Jered by CONTRACTOR to be adequate to
covet' CONTRACTOR's ovcrhead and profit for each sepa-
rately identified itcm.
11.9.3. OWNER or CONTRAL IvR may make a claim
fbr an adjustment in Ihc Contract Price in acc:ordanc:e with
Artic:1c II if;
11.9.3.1. the quanlity of any item of Unit Pricc Worit
perfonncd by CONTllAC1OR differs materially and si.-
nific:antly from the estimated quantity of such item indi-
cated in the Agreement; and
11.9.3.2. there is no corresponding adjustment with
rcspea to any other item of Wort; and
11.9.3.3. ifCONTRACIOR believes that CONTRAe:-
lOR is entitled to an :.. .........se in Contract Price as a result
I IT
of haviftl incurred additional expense or OWNER be-
IievC$ that OWNER is cntitled to a decrease in Contract
Price and the parties are unable to aaree as to the amount
of any such increase or decrease.
ARTICLE 12~HANGE OF CONTRACT TIMES
12. I. The Contract Tames (or Milestones) may only be
changed by a Chanae Order or a Written Amendment. Any
claim for an adjuslmcnt of Ihc Contract Tames (or Milestones)
shall be based on written notice delivered by Ihc party making
the claim to the other party and to ENGINEER promptly (but
in no event later than thirty days) after Ihc occ:u... ... we of the
event giving rise to the claim and statina the aencraI nature of
the claim. Notice of the cxtent of the claim with supportina
data shall be delivered within sixty days after such occ:u.. ..0 ..e
(unless ENGINEER allows an additional period of time to
ascertain more ac:c:urate data in support of the claim) and shall
be ac:c:ompanied by the claimant's writtcn statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of Ihc
occ:u.. .....e of said cvent. All claims for adjuSlrnent in the
Contract Tames (or Milestones) shall be determined by ENGI.
NEER in ac:cordanc:e with paragraph 9.11 if OWNER and
CON'J"RACIOR cannot otherwise ap'ee. No claim for an
adjustment in the Contract Times (or Milestones) will be valid
if not submitted in ac:cordanc:e with the requirements of this
paragraph 12.1.
12.2. All time limits staled in the Contract Documents are
of the cssence of the Aor--.......l.
12.3. Where CON'J"RACIOR is prevented from cornpJec-
inl any pan of the Work within the C. .~.,.t Tunes (or
Milestones) due to delay beyond the control of CONTRAC.
lOR. the Contr.lct Tames (or Milestones) Wl11 be cxtcnded in an
amount equal to the time lost due to such delay if a claim is
made therefor as provided in paragraph 12.1. Delays beyond
the control ofCONTRAr....lvR shall include, but not be limited
to, acts or negIec:t by OWNER, acts or negIec:t of u111ity owners
or other contrxlors pcr(ormina other wort as contcmplated by
Article 7, fires, ftoods, epidemics, abnormal weather c0ndi-
tions or acts of God. Delays attn"bu1abJe to and within the
control of a Subcontr.M:tor or Supplicr shall be deemed to be
delays within the c..t,.1 ofCONTRAClOR.
12.4. Where CONTRALlvR is pn:vented from complet.
ina any part of the Wort within the Contract Tunes (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACl'OR's sole and exc:Jusive remedy for
such delay. In no event shall OWNER be liablc to CONTRAC.
lOR, any Subc:ontr.lctor, any Supplier, any other person or
organization, or to any surety for or employee or agent of any
of them, for damages arising out of or resultina from (i) delays
caused by or within the control of CONTRACTOR, or (ii)
35
'::::::::
")'S beyond the control of both parties inc:ludin& but not
IIiIed to fires. floods, cpidcmics, abnormal weather condi.
...., acts of God or acts or ne&lcct by utility owners or
..... contractors pe~onninl other work as contemplated by
Miele 7.
ARTICLE I3-TESTS AND INSPECTIONS;
CORRECfION, REMOVAL OR
ACCEPTANCE OF DEFECTlVE WORK
13.1. Notict of Dtftcts: Prompt notice of all defective
Wort of which OWNER or ENGINEER havc actual knowl-
alae will be given to CONTRACTOR. All defective Work
-y be rcjccted, corrcctcd or acceptcd as provided in this
Article 13.
Accar 10 Wort:
13.2. OWNER, ENGINEER, ENGINEER's .Consultants,
ICber ....'....entativcs and personnel of OWNER, independent
ItsIin& Iabonltories and aovemrnentaJ agencies with jurisdic:.
IionaI interests will havc acc:ess to the Work at reasonable times
far their observation. inspecting and testing. CONTRACroR
.. provide them proper and safe conditions for such access
- advise thcm of CONTRACTOR's site safety procedures
-Po .....ms so that they may comply therewith as applicable.
,. _JILl' . ..:1I1U:
13.3. CONTRACTOR shall give ENGINEER timely n0-
tice ~ readiness of the Wort for all required ins.. ~...; .ns, tests
.lppI'Ovals. and shall cooper.ate with inspection and testing
pcnonncJ to facilitate required inspections or tcsts.
13.4. OWNER shall employ and pay for the services of an
ildepcndcnt testina laboratory to r ~. t"rm all inspections, tcsts,
. approvals required by the Contract Documents cxcept:
13.4. I. for inspections, tcsts or approvals covered by
parasraph 13.5 below;
13.4.2. that costs incurred in connection with tests or
........:;..ns conducted pursuant to paragraph 13.9 below
shaJI be paid as provided in said parasraph 13.9; and
13.4.3. as otherwise specific:ally provided in the Con-
IrXt Documents.
13.5. If Laws or Regulations of any public body havina
jlriscliction require any Wort (or part thereof) specific:aJly to be
~ed. tested or approved by an employee or other repn:-
sadalivc of such public: body, CONTRACTOR shall assume
.. responsibility for arranging and obtainin& such ins.. ~,,';ons,
laCS or art'''. 'als. pay all costs in conn~n therewith, and
finish ENGINEER the required certificates of inspection, or
rn
.....t' ..'aI. CONTRA..IU... shalt also be responsible for arrua.
il1l and obtaininJ and shall pa)' all costs in connection with any
inspections, tests or apt' . .1s required for OWNER's and
ENGINEER's KCCptanCe of materials or equipment CO be
incorporated in the Work, or of matcriaJs, mix dcsians. or
equipment submitted for approval prior CO CONTRACTOR's
pun:hase thereof (or incorporation in thc Work.
13.6. If any Wort (or the work of others) that is CO be
inspected, lCSted or approved is covcred by CONTRACTOR
without writtcn concurrence of ENGINEER, it must, if re-
quested by ENGINEER. be uncovered for observation.
13.7. Uncovering Work as provided in paraaraph 13.6 shall
be at CONTRACTOR's expense unlcss CC1NTRACTOR bas
liven ENGINEER timely notice of CONTRAClOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notic:e.
UncOPMnI Work:
13.8. If any Wort is covered contrary to the wriuen request
of ENGINEER, it must, if requested by ENGINEER. be
uncovered (or ENGINEER's observation and replaced at
CONTRACTOR's expense.
13.9. If ENGINEER considcrs it nccessary or advisabJc
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR. at ENGINEER's re-
quest, shall uncover, expose or otherwise make available for
observation, inspection or testin& as ENGINEER may require.
that portion of the Work in question, furnishing all necessary
Jabor, material and equipment. If it is found that such Wort is
defective, CONTRACTOR shall pay all claims, costs, losses
and damages caused by, arisin, out of or resultina from such
uncovering. exposure, observation, inspection and testina and
of satisfactory replacement or reconstruction (including but not
limited to all costs o( repair or replaccmcnt of worit of others);
and OWNER shall be entitled to an appropriate dw~......se in the
Contract Price. and, if the parties are unable to agree as CO the
amount tJ....w.T, may make a claim therefor as provided in
Article I J. If, however, such Worit is not found to be defective,
CONTRACTOR shall be allowed an increase in the ContIXt
Price or an extcnsion of the Contract Times (or Milcstones), or
both, directly attn"butablc to such uncovcrina, cxpo5uf'c, 0b-
servation, i....t' ~ ...MI. testing. replacement and reconstruc:tion;
and. if the parties are unable to agree as to thc amount or extent
thereof, CONTRAC...lu... may make a claim therefor as ~
vided in Articles I I and 12.
OWNER May Stop 1M WOIt:
13.10. I( the Wort is defective. or CONTRACTOR (ails to
supply sufficient skilled worters or suitable materials or equip-
ment, or (ails to furnish or perform the Work in such a way that
the completed Wort will conform to thc Contract Documents,
OWNER may ordcr CONTRACroR to stop the Wort, or any
portion thereof. unbl the cause for such order has been
eliminated; howevcr. this right of OWNER to stop the Wort
36
shall not pw rile to any dUly on the part <I OWNER to
ex.., ..:..e this rWtt for the benefit of CONTlVCTOR or any
IUI'Cty or odIcr I*ty.
CtJlJ"<<liJnl ", aaIDfItIl of Ih/IdiN Wcri:
13.11. Ihequircd by ENGINEER, CONTlVCTOR shall
promptly, as6'ectcd, either correct all d~ective Wort, whether
or DOt fabriaIed, installed or completed, or, if the Wort has
beat ...;.... by ENGINEER, removc it from the sitc and
..",'. ... it wi6 Wort that is not defective. CONTRACIOR shall
.., all claims, costs, losses and damages caused by or resultina
ftom such c. , ... ,ion or removal (including but not limited to all
... w....;.. of repIir or replacement 0( wort of othen).
1J.12. COI'r'doa PrriDd:
13.12.1. If within one year after the date of Substantial
ComplctD or such longer period of time as may be pre.
scribed br Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract Doc.
wocnts or by any specific provision of the Contract Docu-
ments, aDJ Wortr. is found to be d~ective, CONTJUCTOR
shall prolllllllY, without cost to OWNER and in accordance
with OWMER's written instructions: (i) c.... wwt such defec-
tive Work. or, if it has been rejected by OWNER, ..",". vc it
from the siIe and replace it with Wort that is not defective,
and (ii) SIIisfactorily c.'.. n' or remove and replace any
dama&e II OCher Wort or the work of others resultina
d. .....!. ..n. If CONTRACTOR does not promptly comply
with the lamS 0( such instructions, or in an e......ency
..I .. '. ddly would cause serious risk of loss or damage.
OWNER may havc the defective wort corrected or the
. ..; ...~ Wbrt removed and replaced, and aD claims, costs.
losses anlI damages caused by or resulting from such re-
IDOval mI replacement (including but not limited to all costs
G repair. repJacement of wort of others) will be paid by
. CONTRAL.1VR.
13.12.2. Ia Sr ...:..1 circumstances where a particular itcm
G cqui~ is placed in continuous service before Substan-
IiaI CompIdion of all the Work, the e... ...~.... period for that
item may stilt to run from an earlier date if so provided in
die S" .J": we ,i"I.L or by Written Amendment.
13.12.3. Where defective wort (and darna&e to other
Work ~ therefrom) has been e....w..a, removed or
replaced .... this pananlph 13.12, the correction r ..:..d
hereunda'wiIh . ...... ....~ to such Wort Will be extended for an
additional " ..:~ J 0( one year after such correction or re-
moval ani replacement has been satisfactonly completed.
A,..... ..~"oq.~.:,,' Wcri:
13.13. If. iastead of requirin, correction or removal and
repIa... ...... ....1. d~ective Wort, OWNER (and, prior to ENGI.
NEER's realIIIIDCndation of final payment, also ENGINEER)
prefers to acx:epI it, OWNER may do so. CONTRACIOR shaD
.. 1T
pay all claims, costs, Josses and damqes ann'butable to
OWNER's evaluation of and determination to ac:c:ept such
tkfective Wort (such costs to be I.u .'ed by ENGINEER as
to reasonableness). If any such ~ .....J.anc:e occun prior to
ENGINEER's recommendation fA final payment, a Chante
Order will be issued inc:of1)Ol'8lilllb necessary revisions in
the Contract Documents with respect to the Work; and OWNER
shall be cntitled to an appropriate d._......se in the Contract
Price, and. if the parties are unable to aaree as to the amount
thereof, OWNER may make a claim therefor as provided in
Articlc 1 I. If thc acceptance occurs after such recommenda-
tion, an appropriate amount will be paid by CONTRACTOR to
OWNER.
OWNER MtIJ COtTeCt IHfldive Wort:
13.14. If CONTRACTOR falls within a reasonable time
after written notice from ENGINEER to ew.....l defective
Work or to removc and replace rejec:1ed Work as required by
ENGINEER in accordance with pantgnph 13.Il, or if CON.
~IV", fails to perform the Wort in accordance with the
Contract Documents, or if CON11VCIOR fails to comply
with any other provision of the Contract Documents, OWN ER
may, after seven days' written notice to CONTRACTOR,
correct and remedy any such deficiency. In cxercising the
rights and remedies under this pmaraph OWNER shall pro-
c:ccd expeditiously. In connection with such corrective and
remedial action, OWNER may exclude CONTRACTOR from
all or pan of the site, take possession of aD or part of the Wort,
and suspend CONTRAC1OR's services related thereto, take
possession of CONTRACTOR's tools, appliances, construc-
tion equipment and machinery at the site and inca. r .....le in the
Work all matcrials and equipment stored at the sitc or for which
OWNER has paid CONTRALlvR but which are stored
elsewhere. CON'TRAl.luR shall aIJow OWNER, OWNER's
representatives, aacnts and cmployees, OWNER's other c0n-
tractors and ENGINEER and ENGINEER's Consultants ac-
cess to the site to enable OWNER to exercise the ri&hts and
remedies under this ~. AD claims, costs, Josscs and
damages incurred or sustained by OWNER in exercisina such
rights and remedies will be char&ed against CON11VCI'OR
and a Change Order will be issued in..... r.....Iina the necessary
revisions in the Contract Doc:uments with respect to the Wortt;
and OWNER shall be entitled to an a" ,../, .:ate d..... ....se in the
Contract Price, and, if the parties are unable to aaree as to the
amount thereof, OWNER may make a claim therefor as
provided in Article 11. Such claims, costs, losses and damaaes
will indude but not be limited to aD costs of repair or , .r 1.. ....-
ment 0( wort of othcrs destroyed or damapd by \, ...:, .,
removal or replacement of CONTR/ClOR's def<<tive Wortt.
CONTRA..lvR shall not be allowed an cxtension ~ the
Contract nrncs (or Mitcstoncs) because ~ any delay in the
performanccofthe Work ann"butable to the exercise by OWNER
of OWNER's rights and remedies hemmdcr. .
ARTICLE 14-PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Vabw:
14.1. The schedule of values established as provided in
paragraph 2.9 will servc as the basis for r.........s payments and
37
will be inc:.,. r ....ted inlo . fOlll ~ Application for Payment
acceptable to ENGINEER. r '.,;Ihll payments on ac:c:ount 0(
Unit Price Work will be based on the number 0( units com-
pleted.
App/iaIIioIf/or P '.' .." ""ru-=
14.2. At least twenty days IIcfore the date established for
each prosress payment (but !lOt more often than once a
month), CONTRACTOR shal submit to ENGINEER (or
review an Application for Payment filled out and signed by
CONTRACTOR coverin, the Work complcted as of the date
of the Application and ac:cc:.panied by such supponing
documentation as is required by the Contract Documents. If
paymcnt is requested on the Ilasis of materials and equip-
ment not incorporated in the 'Mwt but delivered and suitably
stored at the site or at anothcr location agreed to in writins.
the Application for Payment .,1 also be accompanied by a
bill of salc, invoice or othcr documentation warranting that
OWNER has reccived the materials and equipment (ree and
dear fA all Liens and evidaK:e that the materials and
equipment are covered by appropriate propeny insurance
and other arrangements to protect OWN ER' s interest therein,
all of which will be satisfactory to OWNER. The amount o(
retain. with respect to ... ..,...S payments will be as
stipulated in the Agreement..
CONTRN::TOR's WGmIIIIJ ofT.:
14.3. CONTRALlvR WlUTMtSand suarantccs that title to
all Work., materials and equipmalt covered by any Application
for Payment, whether.,.. t.11ICd in the Project or not. will
pass to OWNER no later than lite time of payment free and
cIcar fA all Liens.
ll.,., of AppIia1IUJIU/", 1""'-' ..1 ""1M1ft:
14.4. ENGINEER will, wi6in ten days after receipt 0(
each Application for Payment. either indicatc in writing a
rec:onuncndation of payment ... present the Application to
OWNER, or return the AppliaIion to CONTRACtOR indi-
cabn. in writing ENGINEER's . ~,...ns for refusin, to rec0m-
mend payment. In the latter caa. CONTRA. (vR may make
the ..:........sary .........ctions and IaUbmjt the Application. Ten
days after presentatiou ~ the Application for Payment to
OWNER with ENGINEER's IIeCOIMlCndation, the amount
recommended Will (subjec:t to die provisions of the last sen-
tence ofparagraph 14.7) become4k and when due will be paid
by OWNER to CONTRAC'IOR.
14.S. ENGINEER's recommendation of any payment re-
quested in an Application for Papnent will constitute a repre-
sentationby ENGINEER toOWNER,based on ENGINEER's
on-site observations 0( the exec.led Work as an experienced
and qualified design prof'essionaland on ENGINEER's review
of the Application for Payment" the accompanying data and
schedules, that to the best ofENGINEER's knowledge, infor-
mation and belief:
I II
14.5. I. the Wort has r ,..' .Met to the point indicated,
14.5.2. the quality of the Wort is 1........JJy in accor-
dance with the Contract Documents (subject to an evalu-
ation of the Worit as a functioning whole prior to or upon
Substantial Completion. to the results of any subsequcnt
tests called for in the ContnICt Documents, to a final
detennination of quantities and classifications for Unit
Price Worit under paraeraph 9.10, and to any other quali-
fications stated in the recommendation), and
14.5.3. the conditions precedent to CONTRACIOR's
being entitled to such payment appear to have been
fulfilled in so far as it is ENGINEER's responSIbility to
observe the Work.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have repn:sented that: (i)
exhaustivc or continuous on-site inspections havc been madc
to check the quality or the quantity of the Worit beyond the
responsibilitics specifically assigned to ENGINEER in thc
Contract Documcnts or (ii) that there may not be other mattcrs
or issues betwccn the parties that might entitle CONTRA':-
lUR to be paid additionally by OWNER or entitle OWNER to
withhold payment to CONTRAClOR.
14.6. ENGINEER's recommendation of any payment, in-
cluding final payment, shall not mean that ENGINEER is
responsiblc for CONTRACTOR 's means, methods, techniqucs,
sequences or procedures 0( construction. or the safety r' .....u-
tions and programs incident thereto. or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of Work, or for any
failure of CONTRACTOR to perform or furnish Worit in
accordance with the Contr.lct Documents.
14.7. 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 referred
to in paragraph 14.5. ENGINEER may also refuse to. ......_.-
mend any such payment. or. because of subsequcntly discov-
ered evidence or the results 0( subsequent inspections or tests,
nullify any such payment previously. ...."...mended. to such
extent as may be necessary in ENGINEER's opinion to
protect OWNER from loss because:
14.7.1. the Wort is dt/tctivt, or c:ompJcted Worit has
been damaged requiring co.. .,,~... or replacement,
14.7.2. the Contract Price has been reduced by Writ.
ten Amendment or Change Order,
14.7.3. OWNER has been required to c...........~ dt/tc-
tivt Work or complcte Wort in accordance with paragraph
13.14, or
14.7.4. ENGINEER has actual knowledgc of the oc-
currence of any of the events enumerated in paragraphs
IS.2. I through 15.2.4 inclusive.
OWNER may refuse 10 make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTORs performance or fumishina of
thc Work,
38
14.7.6. Uens have been ftled in conncc:tion with the
Wort. ellc:cpc whm CON11VC1'OR has delivered a
spcci& Bond satisfactory to OWNER to secure the
satiS:~ . ."'. J and disdw&e of such Liens,
14.7.7. there are other items entitlil1l OWNER to a
set-off' aeainst the amount rec:ommended, or
14.7.8. OWNER has actual knowledge of the occur-
... ... 0( any of the events enumerated in paraar.lphs
14.7.1 throuah 14.1.3 or panIInlphs IS.2.1 throush ".2.4
inclusive;
but OWNER must Jive CONTRACTOR immediate written
notice (with a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRACIOR the amount so
withheld. or any adjustment thereto asreed to by OWNER and
CONl'lUlCTOR, when CONTRALlvR corrects to OWN-
ER's satisfaction the reasons for such action.
S~ CompktiMI:
14.a. When CONTRAC'lOR considers the entire Work
ready for its intended use CONTRACTOR shall notify OWNER
Ind ENGINEER in writing that the cntire Work is substantially
complete (except for items sp.....:.-:-Jly listed by CONTRAC-
TOR IS incomplete) and requcst that ENGINEER issue a
certificate 0( Substantial Completion. Within a reasonable time
tl. ..,ner. OWNER. CONTRACTOR and ENGINEER shall
make an i....t'.ction of the Work to determine the status of
completion. If ENGINEER does not consider the Wort sub-
stantially c:ompJcte, ENGINEER will notify CONTRACTOR
in writina aivina the reasons therefor. If ENGINEER considers
Ibc Work substantiaDy complete, ENGINEER Will prepare and
deliver to OWNER a tentative certificate of Substantial eo..
pJetion whic:h shall fill the date of Substantial Completion.
1beR shaD be attached to the certificate a tcntative list of items
to be c:ompIeted or..........~ before final payment. OWNER
shaD have seven days aftcr receipt of the tentative certificatc
durinc whic:h to make written "l;..Jon to ENGINEER as to
III)' prvvisions of the certific:alc or attached list. If, after
(."... ..~dcrina such objec:tions, ENGINEER conc:lucScs that Ibc
Wort is not substantiaDy compIctc, ENGINEER Will within
fourteen days after submission of the tentativc certificate to
OWNER notify CONT'RAClOR in writins. statina the reasons
cherelor. If. after consideration of OWNER's objcc:tions, EN-
OINEER c.,....!:rs the Work substantial1y compJete, ENGI-
NEER will within said fourteen days Cllec:ute and deliver to
OWNER and CONTRACTOR a definitive certificate of Sub-
stantial Completion (with a revised tentative list of items to be
completed or ~......2ed) reftectinl such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time of
delivery of the tentative certificate of Substantial Completion
ENGINEER will deliver to OWNER and CONTRAt...lvR a
writtcn recommendation as to division of responsibilities pend-
in& final payment between OWNER and CONTRACTOR with
respect to seau'ity, "r_..lion, safety, maintenance, heat, utili-
ties. insurance and warranties and guarantees. Unless OWNER
and CONTRAL 1 vR agree otherwise in writing and so inform
ENGINEER in writil1l prior 10 ENGINEER's issui,. the
definitive certific:atc of Substantial Completion. ENOINEER'.
aforesaid recommendation will be bindina on OWNER and
CONTRACTOR untit final payment.
14.9. OWNER shall havc the rilht to cxclude CON'l1lAC.
lOR (rom the Work aftcr the date ~ Substantial Completion,
but OWNER shall allow CONTRACIOR reasonable ac:cess to
complete or correct items on the tentativc list.
I'arti4J Utili:JJtioft:
14.10. Use by OWNER at OWNER's option of any sub-
stantially completed part o( the Wort which: (i) has specifically
been identified in the Contract Doc:urncnts, or (n) OWNER,
ENGINEER and CONTRACTOR agrec constitutes a sepa-
rately functioning and usable part of the Work that can be used
by OWNER for its intended purpose without significant inter-
ference with CONTRACIOR's performance of the remainder
of the Wort, may be accomplished prior to Substantial C0m-
pletion of all the Work subject to the followina:
14.10. J. OWNER at any time may requcst CON-
TRACTOR in writing to pennit OWNER to use any such
part of the Wort which OWNER belicvcs to be ready for
its intended use and substantially completc. If CON-
TRACTOR agrees that such part of the Work is substan-
tially complete, CONTRACtOR will ccrtify to OWNER
and ENGINEER that such part of the WaR is substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Worit.
CONTRAC1OR at any time may notify OWNER and
ENGINEER in writina that CONTRh..lvR c:onsidcn
any such part of the Work ready for its intended use and
substantially complcte and request ENGINEER to issue a
certificate d Substantial Completion for that part of the
Wort. Within a reasonable time after cither such requcst,
OWNER. CONTRACTOR and ENGINEER shaD makc
an inspection of that part of the Worit to detennine its
status of compJetion. If ENGINEER does not consider
that part oftbe Work to be substantially complete, ENOI-
NEER Will notify OWNER and CONTRACroR in writ-
in, living the reasons therefor. If ENGINEER considers
that part of the Wort to be substantially c:ompIete, the
provisions d paragraphs 14.8 and 14.9 WIll apply with
'~r...t to certific:ation of Substantial Completion of that
part of the Work and the division of responsibility in
respect thereoC and ac:c:ess thereto.
14.10.2. No occupancy or separatc operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph S.IS in respect of r' .r.rty
insurance.
Fin4l11lSpfflilHt:
14.11. Upon written notice from CONTIV.l...IVR that the
entire Work or an agreed portion thereof is complctc. ENOI-
NEER Will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACIOR in writin, of all
39
~ in which this inspection reveals that the Work is
inclclI..lete or d~~cllv~. CONTRACroR shall immediately
tate IKh measures as are necessary to complete such Work or
.ranaIJ such deficiencies.
F"'~/tW Ptzymnl:
14.12. Aftcr CONTlVCIOR has completed all such cor-
.recna. to the satisfaction of ENGINEER and dclivcred in
~ with the Contract Documents all maintenance and
~... instructions, schedules, suarantees, Bonds, certifi-
cares. other cvidence of insurance required by paragraph S.4,
ccrtiIcates of inspection. marlted-up record documents (as
proWIaI in paraaraph 6.19) and other documents, CONTRAC-
lOR .y make application for final payment (oIlowin& the
poc:oIIre for r.... ..... payments. 1lle final Application (or
Pa)'lllClll shall be acc;ompanied (except as previously delivcred)
by: (i)1I documentation called for in the Contract Documents,
incIuIiI& but not limited to the evidence of insurance required
by sulIpnaraph S.4. 13, (ii) consent of the surety, if any, to final
pa)'lDClll. and (iii) complete and legally cffective releases or
waivas (satisfactory to OWNER) of all Liens arising out of or
filed ill connec:tion with the Work. In lieu of such releases or
waivas ~ Liens and as approved by OWNER, CONTRA(:'
& u'i\. _y furnish receipts or releases in full and an affidavit of
CON1lVCIOR that: (i) the releases and receipts include all
1Ilbor.IaVic:cs, material and equipment for which a Lien could
be flIel and (ii) all payrolls, matcrial and cquipment bills and
OIberildebtedness connected with the Work for which OWNER
or OWNER's p. lor .. ~y might in any way be responsible have
i)een .. or othcrwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full.
CON1lACIOR may furnish a Bond or other collateral satis-
factory 10 OWNER to indemnify OWNER against any Lien.
r"""~", IIIId .4..,.... ,.11<<:
....11 If, on the basis of ENGINEER's observation of the
Waft 6aing construction and final iosr . w':"'" and ENGI-
....:.c.a I ~vicw of the final Application for Payment and
K~~ documentation as required by the Contract
noc- II .., ENGINEER is satisfied that the Wort has been
~Idld and CONTRACTOR's other obIiptions under the
CaaIrw::I Documents havc been fulfilled, ENGINEER Will,
wiIIIia tea days aftcr rec:eipt of the final Applic:alion for
PaJlDCll, indicatc in writina ENGINEER's rec:omrncndation
- ..~ and present the Application to OWNER for pay.
-=at. Althe same time ENGINEER will also livc written
8OIic.. lit OWNER and CONTRACl'OR that the Wort is
~ .. .,I.lIIe subject to the provisions of paragraph 14.1S. Oth-
.' "..e. ENGINEER will return the Application to CON-
~.uR, indicating in writing the reasons for refusin, to
.' . w ...-ad final payment, in which case CONTRAL 1 vR shall
Bate die aec:cssary c.........Jons and resubmit thc Application.
11Iirty .ys aftcr thc presentation to OWNER 0( the AppJica-
Iioa .... accompanying documentation, in appropriatc form
.... "~e and with ENGINEER's recommendation and
.ocice fII acceptability, the amount recommended by ENGI.
NEER wit become due and will be paid by OWNER to
~ .
CONTRACTOR.
14.14. If, throup no fault of CONTRALlvR, final com-
pletion of the Wen is sipificantly delayed and if ENGINEER
SO conftnns, OWNER shall, upon receipt of CONTRACTOR's
final Application for Payment and recommendation of ENOI-
NEER, and without tcrminatina the A....rncnt, make pay.
ment of the balance due for that portion ~ the wort fully
completed and acc:epted.lfthe remaini", baIanc:c to be held by
OWNER for Wort not fully c:ompIcted or c:..... .~ is less than
the retainage stipulated in the Aarecment, and if Bonds havc
been furnished as required in paraaraph S.I, the writtcn con-
scnt of the surely to the payment of the baIanc:c duc for that
portion of the Wort fully.. ...Ieted and accepted shall be
submitted by CONTRACTOR to ENGINEER with the Appli-
cation for such payment. Such payment shall be made under
the terms and conditions aoverning final payment, except that
it shall not constitute a waiver of c:Jaims.
WGiwr of CIIzinu:
14. IS. 1lle makin, and acceptance of final payment wi1l
constitute:
14. IS. J. a waivcr ~ all claims by OWNER against
CONTRACTOR, except claims arisinl from unsettled Ucns,
from d~~cl;v~ Work appearinc aftcr final inspection pursu-
ant to paragraph 14.11, from failure to comply with the
Contract Doc:uments or the tenns of any special guarantees
specified therein. or from CONTRACTOR's continuing ~
ligations under the Contract Documents; and
14.IS.2. a waivcr of aD claims by CONTRACTOR against
OWNER other than those previously madc in writina and
still unsettled.
ARTICLE IS-SUSPENSION OF WORK AND
TERMINATION
OWNER MlI1 Suspend Wort:
IS. J. At any time and without cause, OWNER may sus-
pend the Work or any portion thcreof' for a period ~ not more
than ninety days by . ..' . e in writinc to CON'TRAA... 1 vR and
ENGINEER which will fix the datc on which Wodt win be
resumed. CON'fRAl.. 1 vR shaJ1 resume the Wotk on the datc
so fixed. CONTRACTOR shall be allowed an adjustment in the
Contract Price or an extcnsion of the Contract Times, or both,
directly attributable to any such suspension if CONTRACIOR
makcs an approved claim therefor as provided in Articles I 1
and 12.
OWNER Mq TtnrriNl#:
IS.2. Upon the occurrence 0( anyone or more of the
following events:
40
".2.1. if CON1lAC1OR persistcntly fails to .. .~;, ..
Ihc Wort in ac:conIIftcc with the Conm.ct Documents (in-
dudirw, but not limiItd to, failure to supply sufficient slulled
wodters or suitable lllaterials or equipment or failure to
Idhere to the t '..'. schedule established under ~
2.9 as .sted fl'Ofllt* to time pursuant to paragraph 6.6);
".2.2. if CON1R.ACTOR disrqards Laws or Regula-
tions 0( any public: 1Iody havin,jurisdiction;
1'.2.2. if CONlVCTOR disregards the authority of
ENGINEER; or
1'.2.4. ifCONlllClOR otherwise violatcs in any sut>-
stantial way any pmisions of the Contract Documents;
OWNER may, aftcr Pins CONTRACIOR (and the surety,
if any,) sevcn days' wrinen notice and to the extent permit.
ted by Laws and RquJations, terminate the services 0(
CONTRACTOR, cxdlde CONTRACIOR from thc sitc and
take possession of die Work and of all CONTRACIOR's
tools, appliances, c:oestruction equipment and machincry at
the sitc and use the SMaC to the full extent they could be used
by CONTRACTOR (without liability to CONTRACIOR for
trespass or c:onvcrsio.), incorporate in thc Work all matcri.
als and equipment sIIred at the site or for which OWNER
bas paid CONTRACroR but which are stored elsewhcre,
and finish the wort IS OWNER may dccm expedient. In
such c:asc CONTlUCTOR shall not be entitled to receive
any further payment lOti the Work is finished. If the unpaid
balance 01 the Conhct Price exceeds all claims, costs,
losses and darna&es ~ned by OWNER arising out of or
raultina from c:ornplcrUw thc Work such cxcess will be paid
10 CONTRA.lvR. . such claims, costs, losses and dam-
aaes exceed such unplid balance, CONTRACTOR shall pay
the ditrcrenc:c to OWNER. Such claims, costs, losses and
damaaes incurred by OWNER will be reviewed by ENGI-
NEER as to their reasonableness and when so approved by
ENGINEER illCOl'pCDted in a Change Order, provided that
when exercisin, any ~ or remedics under this paragraph
OWNER shall not be RqUired to obtain thc lowest price for
dae Work performed.
".3. Where CONlR.tCI'OR's services havc been so ter-
minated by OWNER. 6e termination will not affect any rights
or ~ ", ..6cs 0( OWNEI apinst CONTRACTOR then existina
or wbicb may tI.... ......, KCnlC. Any retcntion or payment 0(
morICl.' due CONTRILlvR by OWNER will not reJcasc
CONTRA..lvR frontillliity.
".4. Upon sevedays' written notic:e to CONTRACIOR
and ENGINEER, OWNER may, without cause and without
prejudice to any odlcr,..t or remedy of OWNER, elect to
terminate the A..n......t.ln such case, CONTRACIOR shall
be paid (without dupli&:alion of any itcms):
1'.4.1. for c:oni,kIcd and ac:c:eptable Work cxecuted in
ac:cordanc:e with theCootract Documents prior to the effec.
tive dalc ~ tenniru6.. including fair and reasonable sums
for overhead and pIIIIt on such Work;
15.4.2. (or expenses sustained prior to the elective dale
0( termination in performina services and fumishina labor,
materials or equi , . as required by the Contract Docu-
ments in connection with unc:ompleted Wont, plus fair and
reasonable sums for ovcrhead and proCk on such cxpenses;
1'.4.3. for all claims, costs, losses and darnaaes incurred
in scttlement of tcrminated contracts with Subcontracton,
SuppJicn and otbcrs; and
15.4.4. for reasonable cxpenses directly attnbutablc to
termination.
CONTRACTOR shall not be paid on ac:c:ount of loss 0(
anticipated profits or revcnuc or other cc:onomic: loss arisina
out of or resulting from such termination.
CONTRACTOR Mtq Slop Wort tK T~:
15.5. If, throuah no act or fault of CONTRACroR, the
Wort is suspendcd for a period of more than ninety days by
OWNER or undcr an order of c:oun or other public author-
ity, or ENGINEER fails to act on any Application for
Payment within thirty days aftcr it is submitted or OWNER
fails for thiny days to pay CONTRACTOR any sum finally
detcrmined to be due, thcn CONTRACTOR may, upon
seven days' written noticc to OWNER and ENGINEER,
and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time, terminatc the Apec-
ment and recovcr from OWNER payment on the same terms
as provided in paragraph 15.4. In lieu of terminatin, the
A&r'ecment and without prejudice to any other riaht or
remedy, if ENGINEER has failed to act on an Application
for Payment within thiny days after it is submitted, or
OWNER has failed for thiny days to pay CONTRAClOR
any sum finally dctcrmined to be duc, CONTRACTOR may
upon seven day's written notice to OWNER and ENGI-
NEER stop the Work until payment of all such amounts due
CONTRACTOR, including intcrest th_...... 1bc provisions
0( this paragraph IS.' are not intended to preclude CON-
TRh.lvR from makinl claim under Articles 11 and 12 for
an increase in Contrac:t Price or Contract Times or otherwise
for expenscs or damaac direc:dy attn'butable to CONTRAC-
TOR's stopping Work as permitted by this paraarapIa.
ARTICLE 16-DISPUTE RESOWTION
If and to the e~tent that OWNER and CONTRACI'OR havc
agreed on the method and ~ure for resolvina disputcs
between them that may arise under this A.. .om .ut, such
dispute resolution method and procedure, if any, shall be as set
forth in Exhibit GC-A, "Dispute Resolution Aareemcnt:' to be
attached hereto and made a part hereof'. If no such agreement
on the method and procedure for resolvina such disputcs has
been reached, and subject to the provisions of paraaraphs 9.10,
9.11, and 9.12, OWNER and CONTR.ACT9R may cxcrcisc
41
such riahts or lllDedics u either may otherwise have under the
Contract DocImcats or by Laws or Regulations in respect of
.y dispute.
ARnCLE 17--MISCELLANEOUS
~ N,..:
17.1. Whc.ver any provision of the Contract Documents
requires the Jiwina of written notice, it will be deemed to have
been validly .-.. if delivcred in person to the individual or to
a member of IIic firm or to an officer of the c... r . ...lion for
whom it is intadcd, or if delivcred at or sent by registered or
c:ertified rnaal, IIOStaIe prepaid, to the last business address
known to the ,;vcr of the notice.
C~ tifT,..,:
17.2. J. When any period of time is referred to in the
Contract Doc-.ents by days, it will be computed to uclude
the fint and irDide the last day of such r ~.:. J. If the last day
d any such period falls on a Saturday or Sunday or on a day
made a IepJ hatiday by the law of the applicable jurisdiction,
such day WIll be omitted from the computation.
17.2.2. A c:aJcndar day of twcnty-four hours measured
from midnipt to the next midnight will constitute a day.
N"'t1/Cw.:
17.3. ShouW OWNER or CONTRACTOR suffer injury or
damaae to .. .<..," or property because of any crror, omission or
act of the other party or of any of the other party's employees
or aaents or others for whose acts the other party is lcpJIy
liable, claim wilt be made in writinl to the other party within a
reasonable time of the first observance of such irUury or
damqe. The provisions of this paragraph 17.3 shall not be
construed as a substitute for or a waiver of the provisions of
any applicable statute of limitations or . wr .~.
CIUIUIltrti." Re1M4ia:
17.4. The duties and obliptions imposed by these General
Conditions and the ri8hts and remedies available hereunder to
the parties hereto, and, in particular but without limitation. the
warranties, guarantees and obligations imposed upon CON-
TRACToR by paragnphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1,
13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies
aVlllabJe to OWNER and ENGINEER thereunder, are in
addition to, and are not to be construed in any way as a
limitation of, any rights and remedics available to any or all of
them which are otherwise imposcd or available by Laws or
Regulations, by special warranty or guarantee or by other
provisions of the Conlnu:t Documents, and the provisions of
this pmgraph will be as effective as if 'wr .....ted specific:aJly in
the Contract Documents in connection with each partjc:ular
duty, obligation. right and remedy to which they apply.
ProlessioMl Feu IIItII COUIt Costs lneluMd:
17.5. Whenever reference is madc to "claims, costs,losses
and damages," it shall include in each case, but not be limited
to, all fees and charzes of engineers, architects, attorneys and
other professionals and all court or arbitration or other dispute
resolution costs.
(The remainder of this paae was left blank intentionally.]
,
Ii Ilg Iii
42
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
These Supplementary Conditions amend or supplement
General Conditions of the Contract Documents.
which are not so amended or supplemented remain in
effect.
the Standard
All provisions
full force and
SC-l.l
SC-l DEFINITIONS
SC-l.2
Ii, iil. Iii
The terms used in these Supplementary Conditions or
in the other Documents or Sections which are
defined in the Standard General Conditions or
Sections have the meanings assigned to them in the
General Conditions except as modified as follows:
Contract Price - The moneys payable by OWNER
to CONTRACTOR under the Contract Documents as
stated in the Agreement. Initially determined
as the sum of the extension of the unit price
bid and the estimated quantity of Work, or the
total amount bid for Lump Sum bids.
ENGINEER - City of Prior Lake Engineering
Department, Prior Lake Cit~ Hall, 4629 Dakota
Street S.E., Prior Lake, M1nnesota 55372.
Subcontractor An individual, firm, or
corporation having a direct contract with
CONTRACTOR or with any other Subcontractor for
the performance of a ~art of the Work whether
at or away from the s1te.
Successful Bidder The lowest qualified
responsible Bidder to whom OWNER gives Notice
of Award.
Whenever used in these Supplementary Conditions or
in the other Documents and Sections, the following
additional terms have the meanings indicated which
are applicable to both the singular and plural
thereof:
Access Road - That roadway included within the
construction limits for egress and ingress
from a public roadway to the construction
site.
Bidder An individual, partnership, or
corporation who submits a Bid for the Work to
be performed.
S.C.l
Easement - A right acquired to use or control
property for a designated purpose.
Item - A unit of Work for which a price is
provided in the Agreement.
Materials - Any substances specified for use
in the construction of the Project and its
appurtenances.
Proposal - The offer of a
prescribed Proposal Form, to
and to furnish the labor and
prices quoted.
Proposal Form - The approved form on which the
contracting authority requires Bids to be
prepared and submitted for the Work.
Bidder, on
perform the
Materials at
the
Work
the
Right-of-way - The whole area which is secured
and reserved for highway purposes, railroad
purposes, or through which the improvement is
located.
Roadbed - Where curbs are constructed,
area located between the curb lines.
curbs are not constructed, that area
between the outside shoulder lines.
that
Where
located
Roadway - The portion of a street within
limits of construction.
Special provisions - Specific clauses setting
forth conditions or re9Uirements peculiar to
the Project and cover1ng Work or Materials
which are not covered by the standard
Specifications. Also may be termed General
Requirements.
Standard Plates - Drawings which show standard
construction details which have been prepared
and/or approved by the ENGINEER and are
usually bound with the Specifications.
SC-4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS:
POINTS
REFERENC~
Physical Conditions - Investiqations and ReDorts:
Reference Points:
SC-4.4
ENGINEER will provide engineering surveys when
necessary for the proper construction of trails
including alignment, grade, and other necessary
S.C.2
Iii im Iii
SC-4.5
points with proper notes thereon, accompanied when
necessary be detailed instructions. The CONTRACTOR
will be responsible for the preservation of all
survey stakes and marks, and if, in the opinion of
the ENGINEER, any of the survey stakes or marks
have been carelessly or willfully destroyed or
disturbed by the CONTRACTOR, the cost to the OWNER
for replacing them shall be deducted from the
payments due to the CONTRACTOR for the Work.
Survey stake material shall be furnished by the
OWNER.
CONTRACTOR shall provide ENGINEER sufficient notice
of need for construction stakes to allow ENGINEER
24 hours for scheduling surveys and sufficient time
to accomplish survey. CONTRACTOR shall provide a
clear line of site for staking as required and
shall immediately notify the ENGINEER if any points
or stakes set are not true to line or grade or if
the staking appears to deviate from the Drawings.
SC-5 BONDS AND INSURANCE:
SC-5.1
Performance and Other Bonds:
CONTRACTOR'S Insurance:
Bond forms used shall meet statutory requirements.
SC-5.3
CONTRACTOR'S insurance required by ~aragraph 5.3 of
the General Conditions is listed 1n the Special
Provisions.
SC-6 CONTRACTOR'S RESPONSIBILITIES
SC-6.3
Labor. Materials. and Eauipment:
SC-6.4
I,: I,ll Iii
Amend the first sentence of paragraph 6.3 of the
General Conditions to read as follows: "CONTRACTOR
shall provide competent, suitably qualified
personnel to perform construction as required by
the Contract Documents"; and as so amended,
paragraph 6.3 remains in effect.
OWNER will provide water for CONTRACTOR'S use for
the Work from hydrants located within or
immediately adjacent to the present site.
CONTRACTOR shall provide all labor and equipment to
incorporate the water in the Work and shall
coordinate the schedule and operation of the
hydrants with the utility superintendent.
S.C.3
Taxes:
Delete ~aragraph 6.15 of the General Conditions in
its ent~rety and insert the following in its place:
CONTRACTOR shall pay all sales, consumer, use and
other similar taxes, contributions for unemployment
insurance, old age retirement benefits, life
~ensions and annuities required to be paid by him
1n accordance with the law of the place of the
Project.
Use of Premises:
SC-6.15
SC-6.17
Add the following language at the end of the first
sentence of paragraph 6.17 of the General
Conditions:
He shall maintain the Work to allow
Utilization of the Project as required.
SC-9 ENGINEER'S STATUS DURING CONSTRUCTION
Partial
SC-9.8
Proiect Representation:
~ n "
Resident Project Representative is ENGINEER'S
Agent, will act as directed by and under the
supervision of ENGINEER, and will confer with
ENGINEER re9arding his actions. Resident Project
Representat~ve's dealings in matters pertaining to
the on-site Work shall in general be only with
ENGINEER and CONTRACTOR, and dealings with
subcontractors shall only be through or with the
full knowledge of CONTRACTOR. Written
communication w~th OWNER will be only through or as
directed by ENGINEER. Resident Project
Representative duties and responsibilities will be
as follows:
SC-9.8.1. Review the progress schedule, schedule of
Shop Drawing submissions and schedule of
values prepared by CONTRACTOR and consult
with ENGINEER concerning their
acceptability.
SC-9.8.2. Attend preconstruct ion conferences.
Arrange a schedule of progress meetin9s
and other job conferences as required 1n
consultation with ENGINEER and notify
those expected to attend in advance.
Attend meetings, and maintain and
circulate copies of minutes thereof.
S.C.4
SC-9.8.3 Serve as ENGINEER'S liaison with
CONTRACTOR, working principally through
CONTRACTOR'S superintendent and assist
him in understanding the intent of the
Contract Documents. Assist ENGINEER in
serving as OWNER'S liaison with
CONTRACTOR when CONTRACTOR'S operations
affect OWNER'S on-site operations.
SC-9.8.4 As re9Uested by ENGINEER, assist in
obtain~ng from OWNER additional details
or information, when required at the job
site for proper execution of the Work.
SC-9.8.5 Receive and record date of receipt of
Shop Drawings and samples, receive
samples which are furnished at the site
by CONTRACTOR, and notify ENGINEER of
their availability for examination.
SC-9.8.6 Advise ENGINEER and CONTRACTOR or its
superintendent immediately of the
commencement of any Work requirin~ a Shop
Drawing or sample submission ~f the
SUbmission has not been approved by
ENGINEER.
SC-9.8.7 Conduct on-site observations of the Work
in progress to assist ENGINEER in
determining if the Work is proceeding in
accordance with the Contract Documents
and that completed Work will conform to
the Contract Documents and approved Shop
Drawings and samples.
SC-9-8.8 Report to ENGINEER whenever he believes
that any Work is unsatisfactory, faulty
or defective or does not conform to the
Contract Documents, or does not meet the
requirements of any inspections, tests or
approval re9Uired to be made or has been
damaged pr~or to final payment; and
advise ENGINEER when he believes Work
should be corrected or re~ected or should
be uncovered for observat~on, or requires
special testing, inspection or approval.
SC-9.8.9 Verify that tests, e9Uipment and systems
startups and operat~ng and maintenance
instructions are conducted as required by
the Contract Documents and in presence of
the required personnel, and that
CONTRACTOR maintains adequate records
thereof; observe, record, and report to
ENGINEER appropriate details relative to
the test procedures and startups.
S.C.5
~ n "
SC-9.8.10 Accompany visiting inspectors
representin9 ~ublic or other agencies
having jur1sd1ction over the Project,
record the outcome of these inspections
and report to the ENGINEER.
SC-9.8.11 Transmit to CONTRACTOR ENGINEER'S
clarifications and interpretations of the
Contract Documents.
SC-9.8.12 Consider and evaluate CONTRACTOR'S
suggestions for modifications in Drawings
or Specifications and report them with
recommendations to ENGINEER.
SC-9.8.13 Maintain at the jOb site orderly files
for correspondence, reports of job
conferences, Shop Drawings and samples
submissions, reproductions of original
Contract Documents including all Addenda,
Chan~e Orders, Field Orders, additional
Draw1n~s issued subsequent to the
execut10n of the contract, ENGINEER'S
clarifications and interpretations of the
Contract Documents, progress reports, and
other Project related documents.
SC-9.8.14 Keep a diary or log book, recording hours
on the job site, weather conditions, data
relative to questions of extras or
deductions, list of visitin~ officials
and representatives of SUPPl1ers1 daily
activities, decisions, observat ons in
general and specific observations in more
detail as in the case of observing test
procedures. Send copies to ENGINEER.
SC-9.8.15 Record names, addresses
numbers of all
Subcontractors and major
Materials and equipment.
SC-9.8.16 Measure and record quantities of Work
completed in accordance with the Units
and Method of Measurement specified in
the Contract Documents, or CONTRACTOR
breakdown in the case of lump sum bids.
and telephone
CONTRACTORS,
Suppliers of
SC-9.8.17 Furnish ENGINEER periodic reports as
required of progress of the Work and
CONTRACTOR'S compliance with the approved
progress schedule and schedule of Shop
Drawing submissions.
S.C.6
.' ml 11'1
SC-9.S.lS Consult with ENGINEER in advance of
scheduled major tests, inspections or
start of important phases of the Work.
SC-9.8.19 Report immediately to ENGINEER upon the
occurrence of any accident.
SC-9.8.20 Review applications for payment with
CONTRACTOR for compliance with the
established procedure for their
submission and forward them with
recommendations to ENGINEER, noting
particularly their relation to the
schedule of values, Work completed and
Materials and equipment delivered at the
site but not incorporated in Work.
SC-9.8.21 During the course of the Work, verify
that certificates, maintenance and
operation manuals and other data required
to be assembled and furnished by
CONTRACTOR are applicable to the Items
actually installed; and deliver this
material to ENGINEER for his review and
forwarding to OWNER prior to final
acceptance of the Work.
SC-9.8.23 Conduct final inspection in the company
of ENGINEER, OWNER and CONTRACTOR and
prepare a final list of Items to be
completed or corrected.
Verify that all
been completed
recommendations
acceptance.
SC-9.8.25 Except upon written instructions of
ENGINEER, Resident Project
Representatives:
SC-9.8.24
Items on final list have
or corrected and make
to ENGINEER concerning
A.
Shall not
from the
approve any
equipment.
B. Shall not exceed limitations on
ENGINEER'S authority as set forth in
the Contract Documents.
authorize any deviation
Contract Documents or
substitute Materials or
C.
Shall not undertake
responsibilities of
Subcontractors or
superintendent, or
Work.
any of the
CONTRACTOR,
CONTRACTOR'S
expedite the
S.C.?
.', I:m 1Ii1
D. Shall not advise on or issue
directions relative to any aspect of
the means, methods, techniques,
sequences or procedures of
construction unless such is
specifically called for in the
Contract Documents.
E. Shall not advise on or issue
directions as to safety precautions
and programs in connection with the
Work.
F. Shall not authorize OWNER to occupy
the Project in whole or in part.
G. Shall not participate in specialized
field or laboratory tests.
Decisions and Disaqreements:
SC-9.9 Quantity of Work which will be applied to the Unit
Price or lump sum bid to determine payment to the
CONTRACTOR will be determined by the ENGINEER.
SC-ll CHANGE OF CONTRACT PRICE:
Delete paragraph 11.3 and subparagra~hs 11.3.1,
11.3.3 of the General Conditions in 1ts entirety
the following in its place:
11.3.2 and
and insert
SC-11.3
The value of any Work covered by a Change Order or
of any claim for an increase or decrease in the
Contract Price shall be determined as follows:
SC-11.3.1 Where the Work involved is covered by
Unit Prices contained in the Contract
Documents, by application of Unit Prices
bid to the actual quantities of the Items
involved. No adjustment in Unit Price
bid will be made for an~ increase or
decrease in actual quant1ties of Work
from the estimated quantity contained in
the Contract Documents.
Where the Work involved is not covered by
unit prices in the Contract Documents, by
mutual acceptance of a lump sum or by
application of the provisions of
paragraphs 11.4, 11.5, and 11.6 of the
General Conditions.
S.C.8
I, IIi II[
SC-13 WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION.
REMOVAL OR ACCEPTANCE OF DEFECTIVE WUK~:.
Tests and Inspections:
SC-13.5
Organizations referred to in paragraph 13.5 of the
General Conditions shall also be acceptable to
ENGINEER.
CONTRACTOR may cover utility line Work without
written concurrence of the ENGINEER unless the
ENGINEER directs in writing that the utility line
Work, or portion thereof, remain uncovered until
ENGINEER directs CONTRACTOR to cover that Work.
SC-13.6
SC-16 ARBITRATION:
Delete this Article in its entirety. No claims, disputes and
other matters in 9?estion between OWNER and CONTRACTOR will
be decided by arb~tration.
S.C.9
Ii: ml 11111
SPECIAL CONDIIIONS GENERAL
SITE GRADING, SANITARY SEWER, WATERMAIN,
STORM SEWER & STREETS
PROJECT NO. 92-12
HOLLY \;IRCLE IMPOUNDMENT STRULIl1RE
PRIOR ~ MINNESOTA
TABLE OF OOr..ulJITS
1.01 APPLICABLE DOCUMENTS SCG-2
1.02 PROJECf IDENTIFICATION SCG-2
1.03 SUMMARY OF THE WORK SCG-2
1.04 WCATION SCG-3
1.05 SPECIFICATIONS WHICH APPLY SCG-4
1.06 TIME OF COMPLETION SCG-4
1.07 LIQUIDATED DAMAGES SCG-4
1.08 PRE-CONSTRUCTION CONFERENCE SCG-4
1.09 NOTIFICATION OF INTENT TO BEGIN WORK SCG-4
1.10 ORDER OF CONSTRUCTION SCG-4
1.11 DUST AND NOISE CONTROL SCG-4
1.12 TESTING OF WORK SCG-4
1.13 MEASUREMENTS AND TOLERANCES SCG-4
1.14 MUNICIPAL WATER AND SEWER SCG-5
1.15 PROJECf ACCESS SCG-5
1.16 SITE MAINTENANCE AND CLEAN-UP SCG-5
1.17 SALVAGED MATERIALS SCG-5
1.18 BONDS AND INSURANCE SCG-5
1.19 SUBCONTRACfORS, SUPPLIERS AND OTHERS SCG-6
5pcciaI CondilioJII GenenI (SCG)
1
VaIky EDai . . _'.. . Co. IDe.
Projecl No. 92018
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SPECIAL CONDIIIONS GENERAL
SITE GRADING, SANITARY SEWER, WATERMAIN,
STORM SEWER & STREETS
PROJECI' NO. 92-12
HOLLY CIRCLE IMPOUNDMENT "'.AU",. lIRE
PRIOR :I..AkE, MINNESOTA
1_01 APPUCABLE IX>ClJMENTS:
1.01 Bidding Requirements, Conditions of the Contract and pertinent Sections in Division One apply to
work of this Section.
Contract Documents include Invitation for Bids, Contract Proposal, Notice of Award, Contract
Agreement, Notice to Proceed, Special Provisions (a.k.a.Special Conditions), Contract Drawings
Sheets 1 thru 5, Geotechnical Data, and the Specifications included above.
Copies of all specifications mentioned herein are on rue in the office of the City Engineer, 4629
Dakota Street S.E., Prior Lake, Minnesota 55372.
1.02 PROJECf IDEl't IlI"lCA TlON:
1.02.1 Project Name:
PROJECf NO. 92-12
HOLLY CIRCLE IMPOUNDMENT STRUcruRE
1.02.2 Owner:
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, MN 55372
1.023 Consulting Engineer:
Valley Engineering Co., Inc.
7301 Ohms Lane, Suite 500
Minneapolis, MN 55439
Attn: Steven D. Harvey, P.E.
un SUMMARY OF THE WORK:
Briefly and without force and effect upon the Contract Documents the Work of the Contract can be summarized
as follows:
1.03.1 Work under this Contract:
SCHEDULE 1 - ,'u Ie GRADING;
1. Erosion control silt fencing.
2. Clearing and grubbing trees and brush.
3. Removal and salvage of existing culvert.
4. Stripping, stockpiling and respreading of topsoil.
5. Excavation of unsuitable subsoil materials.
6. Rough grading.
SpeciaJ CoJldiliono Geoenl (SCG)
2
Valley EllpIeeriD& Co. IDC.
Project No. 921118
Ie lilB III
7. Channel excavation.
8. Seeding and mulching of designated areas.
9. Sodding designated areas
SCHED~ 2 - STORM SEWER & STRUCI1JRES:
1. Adjustable stop log flow control structure.
2. Retaining walls
3. Steel pipe railing.
4. 36" RCP and 12" D.I.P. storm sewer.
5. Excavation and backfilling of trenches.
6. Restoration of surfaces.
7. Grouted rip rap stilling basin
8. Erosion Control including diversion ditches, berms, sedimentation basins, and silt fence.
9. Seeding and mulching of designated areas.
10. Sodding designated areas
11. Other miscellaneous construction as shown in the Contract Drawings.
ALTERNATES:
1. Alternate No.1: Construction of sanitary sewer stub and watermain stub including high density
styrofoam insulation of pipes.
2. Alternate No.2: Construction of standard catch basin and 12" lead pipe connection to 36" RCP.
1.03.2 Work performed prior to Work under this Contract:
1. Trunk sanitary sewer.
2. Temporary dike, rip rap and culvert.
3. Sanitary sewer and watermain stubs.
1.03.3 Work performed concurrently with Work under this Contract:
1. Stockpiling of excess excavated select soils from adjacent housing construction.
1.03.4 Work performed subsequent to the Work under this Contract:
1. Future sanitary sewer and watermain construction.
2. Future street construction.
:L04 LOCA nON: The project is located within the City of Prior Lake in the area shown on the drawings.
Work shall be confmed to areas within the construction limits shown in the Contract Drawings.
SpociaI Coadiliollo Geaenl (SCG)
3
Valley EDaU-rinI Co. IIlC.
Project No. 92lI18
I:j n mI
~PE,--O'.c..ATIONS WHICH APPLY: Except as modified herein the following specifications shall apply
and are, where applicable, hereby included by reference:
City of Prior Lake Engineering Guidelines and Standard Detail Plates.
The Standard Utilities Specifications for Watermain and Service Line Installation and Sanitary Sewer
and Storm Sewer Installation, prepared by the City Engineers Association of Minnesota and published
and distributed by the League of Minnesota Cities, 183 U Diversity Ave. East, St. Paul, Minnesota
55101.
The Minnesota Department of Transportation Standard Specifications for Highway Construction, 1988
EdiIion and Supplemental Specifications shall apply where reference is made to them by special
mClltion to MnDOT Section.
Hl6 TIME OF OOMPLETION: Time is of the essence. All work described in the contract documents shall
be completed in accordance with the schedule shown in the Supplemental Instructions to Bidders.
un UOUIDATED DAMAGE.~: A sum in the amount of one hundred twenty-five dollars ($125.00) per
calendar day sustained by the Owner shall be retained from the amount of compensation due the Contractor for
each calendar day beyond the completion dates listed that any work described in the contract documents remains
uncompleted, as described in the Supplemental Instructions to Bidders.
Ul8 PRE-CONSTRUcnON CONFERENCE: Prior to the beginning of any work under this contract, the
Engineer willllOtify the Contractor of the time and place for a Pre-Construction Conference. This meeting will
be held for the purpose of coordinating the work with the others, to discuss construction needs and procedures,
to determine Ihe schedule of work and to fmalize other administrative details. The Contractor shall be
responsible for having those individuals from his firm and from any sub-contractor firm, who will actually be on
the site and in charge of the work, present at this conference.
1.09 NO 1 1I'JC.ATION OF INTENT TO BEGIN WORK: It shall be the Contractor's responsibility to make
any and all notifications of his intention to begin the work. These notifications shall include, but not necessarily
be limited to the City of Prior Lake, private utility companies, and residences which will be affected by his
operations.
1.10 ORDER OF CONSTRUcnON: The Engineer shall have the right to require that certain segments of
work shall be completed prior to other segments to improve coordination with other Contractors, or meet the
needs of the Owner. This requirement may be imposed either before or during the work and shall not be the
basis for a claim for additional compensation.
1.11 DUST AND NOISE CONTROL: The Contractor shall confme his hours of operation to between 7:00 a.m.
and 6:00 p.m., Monday through Friday. Under emergency conditions, this limitation may be waived with the
written conselll of the Engineer in conjunction with qualified local authority.
The Contractor will be responsible for sweeping, cleaning or applying water to control dust and maintain
cleanliness in existing streets during the life of the Contract. All dust control and maintenance measures shall
be incidental to the project and no direct compensation will be made thereof.
1.12 TESTING OF WORK; Unless otherwise specified, all density and materials testing shall be paid for by
the Owner, em:pt that the additional cost of retesting due to failure of any earlier test shall be borne by theyContractor.
1.13 MEA..4i\UREMENTS AND TOLERANCE.~: Before ordering any material or doing any work, the
Contractor shall verify all measurements and shall be responsible for the same. No extra charge or compensation
will be allowed on account of differences between actual dimensions and measurements indicated on the
drawings. Any difference which may be found shall be submitted to the Engineer for consideration before
Special CoDdilioDl a-na (SCO)
4
Valley EnaU-rilla eo.. IDc.
Projece No. 92018
Ii! III~ Iii
proceeding with the work.
The Engineer will record actual centerline of street subgrade elevations at the positions of the offset cut stakes
set prior to the work. A copy of the recorded elevations will be provided to the Contractor when the cut stakes
are marked. The Contractor shall compare the actual ground elevations with the corr....t'u~ding elevations
interpolated from the plan. Any deviations which will alter the contract quantities by more than 1% shall be
submitted to the Engineer prior to beginning the Work. The Engineer may adjust the proposed grades to
compensate for deviations between the actual and plan surfaces. No claims for extra work or additional
quantities will be allowed unless the Engineer is presented with the prior opportunity to make the compensating
grade adjustments.
U.S. Standard Measures will be used in the measurement of all work acceptably completed and such
measurements will be used as a basis for the computation of the quantities of work performed. Linear
measurements will be taken horizontally on work except structures which will be measured according to the neat
lines shown on the plans or as ordered. Where work is to be paid for by units of length, area, volume or weight,
only the net amount of work actually done, as it shall appear in the finished work and measured as hereinafter
specified shall be paid for.
1.14 MUNICIPAL WAlCK AND SEWER: The Contractor shall make his own arrangements for receiving
water from public or private sources and secure necessary permits and pay regular charges. All City Water
shall be metered. Disposal of any waste water or any test water into the City sanitary sewer system is subject
to City charge.
1.15 PROJECf Au...:~.S...~: Access to the site will be limited to one location. The Contractor will be charged
with the responsibility for keeping the adjacent street clean by cleaning up mud and debris tracked out onto the
street from the work.
1.16 ,''II I C MAINrENANCE AND CLEAN-~: The Contractor shall clean and keep clean from waste,
materials or refuse resulting from his operations, the site of work and adjacent streets. Equipment not usable
on the work shall be promptly removed and the adjacent premises maintained in a neat and orderly condition
at all times.
Upon completion of the work and before acceptance and fmal payment will be made, the Contractor shall
remove from the streets and adjacent property, all surplus and discarded materials, equipment, rubbish and
temporary structures; restore in an acceptable manner all property, both public and private, which has been
damaged during the prosecution of the work; and shall leave the site in a neat and presentable condition.
1.11 SALVAGED MATE~: All materials salvaged from and not reused in the project shall remain the
property of the City of Prior Lake. Such materials shall be delivered to the Public Works Maintenance Shop.
1.18 BONDS AND INSURANCE:
a. Performance and Other Bonds: (5.1) Prior to the signing of the contract, the Contractor shall
be required to furnish the Owner with a performance bond from a surety acceptable to the Owner,
in the form required by law, in an amount equal to the full amount of the contract based on the lump
sum bid or the anticipated quantities and unit prices as determined by the Engineer.
This bond shall guarantee the proper execution and completion of the work and shall further
guarantee the prompt payment of all persons or fIrms furnishing labor, tools, material, equipment,
and supplies for the work.
This bond shall be kept effective and in full force for one (1) year after completion and written
acceptance of the work by the City of Prior Lake. The bond shall serve as a guarantee of the function
and workmanship of the work. This bond shall make the Contractor's sureties responsible for the
satisfaction of the work against faulty workmanship or defective materials. rmal acceptance of the
work shall not relieve the sureties of responsibilities for the work through collusion, faulty
workmanship or inferior materials for a period of one (1) year after this fInal acceptance. Premiums
shall be paid by the Contractor.
5
VaIIoy Ell..;.. . ...:..,1 Co. IDe.
Project No. 92018
Ii. lill Iii
b. Workmen!; Comnensation In!;uranc~: The Contractor shall take out and maintain during the
life of the contract Workmen's Compensation Insurance for all of his employees employed at the work
site. If any employees are engaged in hazardous work not covered by Workmen's Compensation
Insurance, the Contractor shall provide adequate protection from Employer's Liability Insurance for
protection of employees not otherwise protected.
c:. ,Contractor'!; Liabilitv and Pronertv In!;urance: (5.3 and 5.6)
Public Li,a~ilitv 3.nd Pro~rty Damage Insurance: The Contractor shall take out and maintain during
the life on the contract Public Liability Insurance and Property Damage Insurance to protect him from
claims arising out of public liability and property damage, for personal injury including death, claims
for property damages which may arise out of work, or by one directly or indirectly employed by the
Contractor. Amounts of insurance shall be as follows: Public Liability Insurance shall not be less
than Five Hundred Thousand ($500,000.00) Dollars for injuries including accidental death, to one
person, subject to the same limit for each person, not less than Five Hundred Thousand ($500,000.00)
Dollars for one accident. Property Damage shall be for Five Hundred Thousand ($500,000.00)
Dollars for each accident but not less than Five Hundred Thousand ($500,000.00) Dollars aggregate.
Fire Insurance.: The Contractor shall carry full insurance against loss by ftre and wind damage upon
all material in place or stored at the site for installation. This provision does not exclude material
partially paid for by the Owner. This insurance shall be for the full insurable value of the material
and shall be kept in full force until fmal acceptance and payment of the work by the Owner.
Automobile Insurance.: The Contractor shall take out and maintain during the life of this contract
Automobile Public Liability Insurance in the amounts of not less than $500,000.00 and $500,000.00
property damage liability. If any part of the work is under Subcontract, similar insurance shall be
provided by or in behalf of the Subcontractors to cover all work done under their operations. All
insurance shall be placed with companies acceptable to and approved by the Owner.
The Contractor shall submit copies of insurance coverage with the Owner for filing.
If any section of the work entails special hazards the Contractor shall provide riders to the Public
Liability and Property Damage Insurance to provide protection from these special hazards.
1.19 SUBmNfRAcroRS. SL... ... JERS AND OTHERS: The Contractor shall submit a list of materials and
respective supplies as well as all tests of materials to the Engineer. The Contractor shall supply the Engineer
with a list of all sub-contractors.
6
VaIIoy EDJiDeeriDa Co. IDC.
Projea No. 92018
Ii: lilll iil
DMSION 2
TECHNICAL COND...ONS OF TIlE CO~J.AACf
PROJECf NO. 92-12
HOLLY CIRCLE IMPOUNDMENT :".AUL..l1RE
PRIOR LAKE, MINNESOTA
TABLE OF CO~.~NTS
CITY OF PRIOR lAKE
ENGINEERING GUIDELINES
(Special Conditions Technical)
PAGES 13 - 39
PAGES 45 - 46
AS LISTED IN T.O.C.
STANDARD PlATES
SUPPLEMENTAL SPECIAL CONDITIONS (TECHNICAL):
SECI10N 2100 EROSION CONTROL
SECI10N 2101 CLEARING & GRUBBING
SECI10N 2104 REMOVING PA VEMENT &
MISCELlANEOUS STRUcruRES
SECI10N 2105 EXCA VA TION & EMBANKMENT
SECI10N 2401 CONCRETE RETAINING WALLS
SECI10N 2575 TURF ESTABLISHMENT
DRAWINGS
C.EA.M. STANDARD UTILITIES
SPECIFICATIONS
MnDOT STANDARD SPECIFICATIONS
FOR HIGHWAY CONSTRUCfION
SHEETS 1 - 5
ON FILE w/ENGINEER
ON FILE w/ENGINEER
1ECHNICAl. CONDmONS OF mE COI'(ffiACf
TABLE OF CONTENTS
1
VI1Iey EDaU>eerilla Co~ IDC.
Projea No. 92018
I, ml Iii
CI1Y OF PRIOR LAKE ENGINEERING GUIDELINES
SPECIAL CONDITIONS tT~CHNICAL)
~11r., GRADING, STORM SEWER & STREETS
PROJECT NO. 92-12
HOLLY CIRCLE IMPOUNDMENT STRU~luRE
PRIOR LAKE, MINNESOTA
The following Special Conditions (Technical) are excerpts from the .City of Prior Lake Engineering Guidelines.,
pages 13 through 39, and pages 45 through 46. The Standard Plates which follow are also taken from the .City
of Prior Lake Engineering Guidelines. and MnDOT Standard Plates Manual.
These Special Conditions (Technical) are modified or addended by the Supplemental S~cial Conditions
(Technical) which are indexed according to MnDOT Specification Reference at the end of this manual.
Soecial Conditions (Technical)
Watermain sanitary sewer storm sewer and streets
constructIon specifIcations in the City of Prior Lake.
A. General
Construction of sewers and watermain includinq trench
excavation backfill and restoration work shall be
performed in accordance with the "Standard utilities
Specifications for Water Main and Service Line
Installation and Sanitary Sewer and Storm Sewer
Installation as prepared by the City Bnqineers
Association of Minnesota, Revised 1988" hereto, except
as ~ified herein.
Street construction includinq subgrade preparation, base
work, curbinq, pavement work, and boulevard restoration
shall be performed in accordance with Divisions 2 and 3
of the Minnesota Department of Transportation (MnDOT)
"Standard Specifications for Hiqhway Construction,l 1988
Edition, except as modified herein.
The numbering systems used herein corresponds to the
numbering systems used in the above named
specifications.
2611
WATER DISTRIBUTION: The provisions of "Part
1 - Standard speo1f1cations for Watermain and
Service Line Installation" Division 2611 shall
be modified as follows:
MATERIALS: Append section 2611.2 as follows:
The Cert1ficate of Complianoe shall in no way
relieve the Contraotor of any responsibilities
to the Owner as to the quality of the
materials furnished'and installed.
2611.2
13
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~ ~ ~ ~ ~ ~~~, ~ ~Pt: ~ ~t9f ~~~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~:
. . '~.:.: .. 'l' . . :Al:U;.U;,: , ., . ,
:~:~::~~!~~"~"~:!.~~~t?~~:~:~::
.,, I,ll III
A. Water Pipe Materials
All pipe furnished for water main and
branch line installations shall be
Ductile Iron. Wherever connection of
dissimilar materials or designs is
required, the method of joining and any
special fittings employed shall be
subject to the approval of the Engineer.
Al. Cast Iron and Ductile Iron Pipe Fittings
Ductile iron pipe shall be Class 52 for
6" and 8" diameter and Class 51 for 12"
diameter and larger. Fittings shall be
Class 250.
Append the following to Section 2611.2
Al. Pipe joints shall be "Fastite"
(American Cast Iron Pipe Company), "Bell
Tite" (James B. Clow and Sons, Inc.) or
"Tyton" (U.S. Pipe and Foundary Company),
except that mechanical joint, short bOd!
fittings, cement lines, Class 250, shal
be used for stub ends and all fittings.
Retainer Glands: Retainer Glands shall
be duct11e iron designed to withstand
pressures shown in Table No. 9-6 of
American Cast Iron Pipe Company's
Catalog. Retainer glands shall be by
American or US Pipe.
Electrical Conductivity: All joints on
pipe and fittings shall be connected with
an electrical conducting copper strap,
clips or cable designed and tested to
withstand 500 amps.
B. Fire Hydrants
Amend section 2611.2B as follows:
Hydrants shall be Waterous Pacer Traffic
type and shall be in accordance with the
Standard (American Water Works
Association) Specification C-502 latest
revision. Hydrant hose connections shall
be National Standard Thread. All nozzle
covers shall be pentagonal nut caps. The
hydrants shall have two 2 1/2" hose
connections (thread size 3 2/32" 0.0.
701.2 T.P.I.) and one 4 1/2" pumper
connection (third size 5 24/32" 0.0.
701.2 T.P.I.). The hydrants shall be
14
..". ................. .... ..........
.~. ~. ~~tY.: .i)f~~~ .~~. ~ <.. :.:.::
.:.)jlCJi~~~.~~l~::::::
..... .....
If 111I lIT
furnished with a 16" traffic section (24"
from ground line to centerline of
nozzle).
All h~drants shall have a six inch
mechan1cal joint inlet for connecting to
a six inch ductile iron lead from the
main. There shall be a gate valve
between the hydrant and the watermain or
lateral. Hydrant bury length shall be
8'-6" with heavy duty operating rod. The
hydrants shall have all working parts of
bronze and shall be designed for 250 psi
working pressure and 300 psi hydrostatic
pressure.
All hydrants shall be given one
additional coat of paint after
installation. All abraded surfaces shall
be cleaned prior to application of the
final field coat.
All h~drants shall be affixed with a
"flex1-flag" marker.
C1. Valve Housings
Valve Boxes: Valve boxes shall be Clow,
Tyler, or approved equal, screw type for
5-1/4" shaft, cast iron, American made,
cover marked with "Water". Cover to be
"stay-Put" Clow F-2493, or equal. Box to
be adjustable a minimum of 6" up and down
from the specified depth of pipe bury.
C2. Gate Valves
Append Section 2611.2 C2 as follows: All
valves shown on the drawings as 12" or
less shall be compression resilient
seated gate valves in accordance with the
AWWA C-509 specification latest revision.
Valves shall be either American or
approved equal. Valves shall have
"O-rin~" construction and be designed for
200 pS1 working pressure.
15
:::::~~ty..~~~::~~::::::::::::::
.....~i1i~inq.$.ii~l~..:::.
.,
F 11II lIT
2611. 3
Ii II Ii
D. Water service Pipe and Fittings
Water Service Pipes: All copper tubing
used for services shall be new and unused
ASTM B 88 for Seamless Copper Water Tube,
Type X, Soft Annealed temper, or latest
amendment thereto.
COrDoration stops: Corporation stops
shall be A. Y. McDonald '4701 or
approved equal. They shall be full size
inlet and outlet for the respective
services.
CUrb stops and Boxes: CUrb stops shall
be ball valve A. Y. McDonald '6104 or
approved equal. CUrb stops shall have
A.W.W.A. copper service pipe inlets and
outlets.
CUrb boxes shall be A. Y. McDonald '5614
with stationary rod and '5614-L lid or
approved equal for 1 inch services
complete with foot piece and 1-1/4 inch
stack, adjustable up or down for 8 feet
of cover.
Foro 1-1/2 inch and 2 inch services, the
curb box shall be A. Y. McDonald '5631B
with stationary rod and '5627-L lid or
approved equal, complete with "Oriseal"
t~e foot pieces and 2 inch stack
adJustable up or down for 8 feet of
ground cover.
CONSTRUCTION REQUIREMENTS
Append Section AI. as follows:
AI. Establishing Line and Grade: The
Contractor shall give the Engineer
forty-eight (48) hours notice for the
establishment of line and grade so the
Engineer may have time to provide them.
After line and grade has been provided by
the Engineer, the Contractor shall be
held responsible for the protection and
preservation until authorized to remove
them by the Inspector. The Contractor
shall bear the full cost of replacement
that may be caused by their unauthorized
removal. The Engineer may require that
work be suspended at any time and for any
reason when such marks cannot be properly
followed.
16
...:. ~ity:.O( .1trl~: .~~.:.:::.:.:.:.::.
:..:lJIIJi~~i~.~~tl~::::....
No additional compensation shall
allowed the Contractor for any claims
crews being held up because of lack
line and grade stakes.
be
of
of
B3. Append this section as follows:
Excavation and Preparation of Trench:
All trenches shall be excavated so that
the pipe may be laid accurately to grade
with a minimum of 8 feet of cover over
the watermain, unless otherwise noted on
the plans.
B5. Preparation
Foundations
and
Maintenance
of
Append this section as follows:
The Earth Foundation Bedding Method as
shown in the Standard Plate No. 102
shall be used for all pipe installation
where ground water or unstable material
does not create a problem. Foundation
preparations shall be conducted as
necessarr to produce a stable foundation
and ~rov1de continuous and uniform pipe
bear1ng between bell holes. The bedding
shall consist of shaping the foundation
material to closely fit the lower part of
the pipe to a depth of at least fifteen
per cent of the outside diameter of the
pipe. Where, in the opinion of the
Engineer, unstable material prevents use
of this bedding, then the Contractor
shall install Granular Bedding or Trench
stabilization Material as shown on
Standard Plate No. 101 and 104,
respectively.
C. Installation of Pipe and Fittings
Append C4 Blocking and Anchoring of Pipe
Section as follows:
At all valves to hydrants, valves to
branch service lines and dead end lines,
suitable restraining devices such as
retaining glands or tie rods shall be
required to resist movement as well as
reaction backing.
17
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. :~iJUl~Y~lf$.il~l!~
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Ii I'~ III
D. Connection and Assembly of Joints
Add the following to Section 2611.3D:
Jointing of mechanical joint pipe,
push-on joint pipe and fittings shall be
done in accordance with AWWA Section 9b
and 9c of AWWA Specification C600 latest
revision.
When pi~es are cut in the field, the cut
or stralght end shall have all sharp or
rough edges removed before assembly.
E. Water Service Installations
Amend 2611.3E as follows:
The depth of cover for services shall be
not less than eight feet.
Corporation stops shall be tapped into
the main only when full of water under
operating pressure. No taps shall be
made into a dry ~ipe. corporation stops
shall be turned lnto the pipe until tight
and shall not be turned back to
facilitate having the operating nut on
top.
The water service shall be installed as
shown on the Standard Plate 305. The
curb stop and box shall be located on the
property line. The top of the curb box
shall be set to proper grade with the
extension at the mid point. Pipe
terminals at the property line shall be
marked on the ground surface with a
suitable wood timber 4 bI 4 inch 6 to 8
feet long driven vert cally Into the
ground at least 4 feet, with the top 2
feet painted blue.
The copper service lines as placed
between the watermains and the curb boxes
shall have a minimum of 8.0 feet of
cover: therefore service lines must be
placed (incidental to the project)
beneath any obstruction which would
prohibit the required cover if the
service line was placed on top of said
obstruction. The method of tunneling
under an obstruction shall be approved by
the Engineer.
18
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~ IR n
F.
Setting Valves, Hydrants, Fittings and
Specials
Add the following to Section 2611.3F:
Hydrants shall be installed per Standard
Plate Number 304 and shall be supported
upon a concrete base 18 inches square and
a minimum of five inches thick. Each
hydrant is to be braced aiainst the far
end of the trench by a su table concrete
reaction block against the back of the
trench against undisturbed soil.
All hydrants shall be given one
additional coat of paint after
installation. All abraded surfaces shall
be cleaned prior to application of the
final field coat.
Hydrant must maintain their position and
must not be knocked out of plumb during
backfilling.
The position of the hydrant shall be set
so that the nozzles are 24 inches above
the finished ground elevation with a
breakoff flange 23 3/4" below the
centerline of the nozzle.
All fittings, hydrants and valves shall
be tied to the main line with 3/4 inch
rods or acceptable retainer glands as
shown in the Standard Details. The cost
of the work is an incidental item and
shall be merged with the various unit bid
prices.
G. Disinfection of Watermains
Append this section as follows:
Unless facilities are available for
introduction of either chlorine or
heavily chlorinated water directly into
the mains on their completion, chlorine
disinfectant shall be placed at each
joint prior to jointing. The tablets
shall be attached by an adhesive such as
Permatex No. 1 or equal. There shall be
no adhesive on the tablet except on the
broad side attached to the surface of
the pipe. Attach all the tablets inside
and at the top of the main, with
approximately equal number of tablets at
I[ III lIT
19
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Ii n III
each end of a given pipe length. The
following table indicates the number of
calcium hypochlorite tablets that shall
be added to each 20 foot length of pipe
to furnish a solution containing the
minimum amount of free chlorine.
PIPE
SIZE
NUMBER OF FIVE
MILLIGRAM TABLETS
1
2
3
4
7
8
14
22
32
6"
8"
10"
12"
16"
18"
24"
30"
36"
Only fresh disinfectants shall be used
and the main filled with water and
flushed not later than one week after the
disinfectant has been added. The water
(containing chlorine) shall be left in
the pipe being disinfected, for a minimum
of twenty-four (24) hours.
I.
Test samples shall be taken
services, not fire hydrants.
Hydrostatic Testing of Water Mains
Leakage test shall be required for
valved section of water main as
section 2611.3 12 and as amended:
each
per
from
After the pipe has been laid including
fittings, valves, and hydrants and the
line has been backfilled in accordance
with these specifications, all newly laid
pipe, or any valved section thereof,
unless otherwise directed by the
Engineer, shall be subjected to
hydrostatic pressure of 150 pounds per
square inch.
Each valved section of pipe shall be
slowly filled with water. The specified
test pressure, measured at the lowest
point of elevation, shall be applied by
means of a pump connected to the pipe in
a satisfactory manner. The pump, pipe
20
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connection, gauges and all necessary
apparatus shall be furnished by the
Contractor. Gauges and measuring devices
must meet with the approval of the
Engineer and the necessary pipe taps made
as directed. Before applying the
specified test pressure, all air shall be
e~elled from the pipe. To accomplish
th1s, taps shall be made, if necessary,
at points of highest elevations, and
afterward tightly plugged.
The duration of each such test shall be
at least two hours. Water added to
maintain the pressure shall not exceed
the volume per 100 linear feet of pipe
bein9 tested during the two hour test as
spec1fied in the formula in Section
2611.3 12.
Any cracked or defective pipes, fittings,
valves or hydrants discovered in
consequence of the pressure test shall be
removed and replaced by the Contractor
with sound material in the manner
provided and the test shall be repeated
until satisfactory to the Engineer.
Each house service with the corporation
stop o~en, shall be tested
hydrostat1cally with a pressure of 150
pounds per square inch in the watermain
and service prior to backfilling the
excavation. A visual inspection will be
made of each service at the co~oration
stop and at the curb stop wh1le the
service is under hydrostatic test.
TestinQ of individual services with the
corporation stOD closed will not be
allowed. All house service installations
shall be completed by 4:00 P.M. each day
to ~ermit testing and backfilling of
serv1ce connections. Testing of house
services shall be done with a constant
pressure pump to maintain 150 p.s.i.
throughout the test.
The City does not guarantee that the
existing gate valves will maintain the
leakage test requirement The Contractor
will be required to plug the newly
21
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Ii IIII III
installed line and test separately each
segment of line installed. An additional
gate valve shall not be installed to
facilitate the testing unless written
permission is obtained by the City
Engineer. All wet taps and/or cut-ins
shall be tested separately and
immediately prior to backfilling. Where
hydrants are installed on service stubs,
the hydrant can be used in the leakage
test.
Connection to Existing Facilities
Prior to connecting to existing
watermains, the City's water and sewer
superintendent must be notified. Any
residents who will be affected by this
shutting off of water shall be given 24
hour advance notice as to when and for
how long service will be interrupted.
Prior to connecting to existing
watermains, the Contractor shall have all
men, materials and equipment ready to do
the work so as to keep the shut-off time
to a minimum. As soon as possible after
making the connections, the Contractor
shall flush the new main so as to prevent
any contamination of the existing
facilities. All existing valves shall be
operated only by a representative from
the City's Water Department.
The materials and procedures to be used
in the connection shall be approved by
the City Engineer. No connection to
existing water system shall be done until
all tests have been passed and
verification given to the city. The
connection to existing system shall be
inspected by the full time inspector
and/or city inspectors and approved
before backfilling said connection.
J. Pipeline Backfilling Operations
Append Section 2611.3J as follows:
Backfilling shall be done in lifts or
uniform layers not to exceed the depth as
outlined herein and each lift shall be
completely compacted over the full width
of the excavated area. Three feet of
22
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. ~
lilR III
material over the top of the pipe shall
be required before a vibratory or sheep's
foot roller may be used.
Within the pipe bedding and encasement
zones described as that portion of the
trench which is below an elevation one
foot above the top of the
pipe, backfilling shall be done as per
Mn/DOT Spec. 2451.30. The depth of
lifts shall be 8" or less (base
measurement) and compacted to 95' of the
standard proctor density ASTM:0698-78
(Method A).
All other backfilling shall conform to
the requirements as per Mn/OOT Spec.
2105. The maximum lift requirement below
the upper 3 feet shall be 12" (loose
measurement) except under the conditions
outlined in Mn/DOT Spec. 2105.3E and
compaction to 95' of the standard proctor
density. The upper 3 feet of backfill
shall have maximum lifts of 8" (loose
measurement) and compaction 100' of the
standard proctor, ASTM:0698-78 (Method
A) .
Special compaction effort shall be done
around all manholes, valve boxes, curb
boxes and other structures by mechanical
methods acce~table to the Engineer and
per the requ1rements of Mn/DOT 2451.30.
In the event that natural, suitable
material is not encountered during the
normal excavation for pipes and
structures, or when the material
encountered is determined unsuitable by
the Engineer for backfilling around pipe
or structure as re~ired herein, the
contractor shall prov1de and place such
approved material. All quantities of
such material used shall be verified by
the Engineer.
Hydrant leads and water service trenches
must be com~acted in the same manner as
the waterma1n trenches. They shall not
be left open overnight. In areas where
curb and gutter exists, sufficient
curbing shall be removed to allow this
23
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.....~ity..ot.~iAr.:~~<:.:>::.:
.:.:.~~.~~l~:.:>
I: I,ll illI
compaction over the entire
area.
disturbed
If backfill material is too wet to obtain
specified compaction densities, the
material shall be dried or allowed to dry
to the limits described in Mn/DOT Spec.
210S.3F at no additional compensation.
If after employing reasonable drying
measures, the backfill material is still
too wet to achieve the specified density
requirement and is not considered
unsuitable material, the Engineer may
direct the contractor to place the
backfill in lifts as described previously
with compaction as close to the zero air
void density as practical and to the
satisfaction of the Engineer. This
procedure shall be done only with the
permission of the City Engineer and with
verification by authorized soil testing
company.
All deficiencies in the quantity of
material for backfillin~ the trenches or
for filling depress10ns caused by
settlement shall be sup~lied by the
Contractor. Any excess sU1table material
shall be hauled away and deposited and
leveled where directed by the Engineer at
no additional compensation.
No waste materials or debris shall be
de~osited on the project site without the
wr1tten permission of the Engineer.
Waste material and debris shall include,
but not be limited to, trees, stumps,
pieces of pipe, pieces of concrete,
pieces of asphaltic concrete, tin cans or
other waste material from the
construction operations. All disposal
areas shall be leveled off and the areas
shall have approximately one foot of
clean fill area on the top, all at no
additional compensation.
The Contractor shall remedy at his
expense any defects that appear in
backfill for a period of one
following completion.
own
the
year
24
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.:::)j)(JiDeed~:~j~~~~:):
~ n II
The density will be tested by an approved
testing laboratory at locations to be
determined by the Engineer. The
Contractor shall bear all cost of any
re-testing as a result of test failures.
A minimum testing frequency of soil
compaction for watermain and service
trenches shall be one test per 500'
length of pipe per 3' depth of backfill
compacted be9inning at the pipe bedding
level to f1nish subgrade elevation.
Testing frequency for structures such as
gate valves in the roadway area shall be
one test per every third structure per 3'
depth of backfill compacted beginning at
the base support depth to finish subgrade
and within 12" of the outer edge of
structures.
Any failing compaction test shall require
two ~assing retests. For watermain and
serv1ce trenches, one retest shall be
taken near the failure test and one taken
at the same backfill depth within 250' of
the failure test. For structures, only
one retest shall be at the location of
failure and one taken at an adjacent
structure and at a similar depth as the
failure test. Exact locations will be
determined by the Engineer. Any
excavation required to ~erform the
testing requirements as out11ned above as
well as replacing the backfill and
compactin9 shall be done at no additional
compensat1on to the Contractor.
In addition to the minimum testing
frequencr requirements, at the start of
backfil11ng and compacting operations,
the Engineer shall utilize a testing
company to determine the number of passes
needed for achieving the specific density
for the mechanical equipment to be used
in the compaction operation. Additional
information noted shall be the soil type
being compacted, moisture content of
soil, travel speed of equipment and lift
thickness (loose measurement). This
information shall be forwarded to the
City Engineer and the Contractor and
shall be used only as a quide in
determining the com~active effort needed
to achieve the spec1fied density of the
25
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Ii III Iii
Ii. III !Iii
material being completed. This procedure
shall not constitute acceptance for any
backfill placement. The Contractor shall
assist the Engineer in this procedure at
no additional compensation. Further
testin~ of this nature may be required
when d1fferent soil types are encountered
or as the Engineer directs.
2621 SANITARY SEWER AND STORM SEWER INSTALLATION
The ~rovisions of "Part 2
Specif1cations for Sanitary Sewer
Sewer Installation" Division 2621
modified as follows.
Standard
and Storm
shall be
2621. 2
MATERIALS
Append Section 2621.2 as follows: The
certificate of Compliance shall in no way
relieve the Contractor of anr responsibilities
to the OWner as to the qua11ty of materials
furnished and installed.
A. Sewer Pipe and service Line Materials
Append Section 262~.A as follows:
Al. Vitrified Clay Pipe Fittings: Append
Section 2621.2A1 as follows. Wye
branches for clay pipe shall be ESVCP
with an a~proved adapter to accept the
CISP serv1ce pipe.
A3. Cast Iron and Ductile Iron Pipe (D.I.P.)
and Fittings: Service pi~e shall be extra
heavy cast iron soil p1pe and fitting
which shall conform to A.S.T.M. A-74 and
the dimensions, weights and markings
shall be in accordance with the ASA No.
A40.a. Jointing material for extra heavy
cast iron soil pipe shall be "Ty-Seal"
rubber gaskets or approved equal.
A4. Reinforced Concrete Pipe: All storm
sewer and sanitary sewer reinforced
concrete pipe (R.C.P.) shall have the
class specified on the plans. Joints
shall meet the requirements of ASTM
Specification C 361 and Bureau of
Reclamation Type R-4 joint with confined
O-ring gasket.
26
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.::: li\iJh.i~di1fJ: Giii~U.::::::
.. ..... ...... ....................~... .........,
A6. Poly-Vinyl Chloride Pipe (PVC) and
Fittings: Append Section 2621.2A6 as
follows: PVC pipe and fittings shall be
made of plastic conforming to the
requirements of ASTM 0-1784-69 Class
12454B Rigid PVC. The minimum sidewall
to diameter ratio shall be SDR-35 (heavy
wall). For services, if PVC pipe is
used, Schedule 40 is required.
Joints shall be either solvent cement
(ASTM D-2564) or elastomeric gasket
joints (ASTM 0-1869). Gasket joints must
be approved by the Engineer on the basis
of data furnished by the manufacturer.
Poly-Vinyl Chloride (PVC) Pipe and
Fittings: PVC pipe and fitting shall be
Type PSM SDR-35. Joints shall be either
O-ring rubber gasket or solvent-cement
according to the manufacturer's
specifications and with the approval of
the Engineer.
The Contractor shall furnish and place
the necessa~ pipe bedding material as
specified 1n ASTM 02321, recommended
practice for underground installation of
flexible thermoplastic sewer 'pipe 8",
10", 12" and shall be paid for as part of
the unit price bid for PVC as shown on
the Proposal Form.
B. Metal Sewer Castings
Manhole castings shall be Municipal
Castings, Inc. No. 301-C/P Cover and No.
301-7 Frame with machine bearing surfaces
or approved equal. Manhole castings
shall be labeled with the words "SANITARY
SEWER" or "STORM SEWER" whichever
applies.
Catch Basin Castings shall be Neenah No.
R-3067-V with vane grate or approved
equal.
C. Pre-cast Concrete Manholes: On the
sanitary sewer, all connections to
manholes shall be either of the Mini-Tee
type, Res-seal gasketed type or other
approved water tight gasketed
connections. Breaking out manhole
27
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':'::l1'9i~~iiiCi:~~ml~::::::.
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., ,'ll Iii
2621. 3
sections for pipe connections in the
field will not be permitted.
All manhole sections
type confined o-ring
holes will not be
manholes.
When specifically permitted by the
Engineer, Pre-cast segmental blocks may
be used to build up manholes and/or catch
basins. The blocks shall conform to ASTM
C-139 and shall be radial to form a eight
inch wall thickness.
shall have the R-2
gasket joints. Lift
allowed on precast
Riprap: The riprap stone and filter
blanket materials shall conform to Mn/DOT
3601 specification. Type and class of
riprap and type of granular filter
blanket shall be specified on the plans.
CONSTRUCTION REQUIREMENTS
Al. Append Section 262l.3A1 as follows:
Establishing Line and Grade: The
Contractor shall give the Engineer
forty-eight (48) hours notice for the
establishment of line and grade so the
Engineer may have time to provide them.
After line and grade have been provided
by the Engineer, the Contractor shall be
held responsible for the protection and
preservation until authorized to remove
them by the Inspector. The Contractor
shall bear the full cost of replacement
that may be caused by their unauthorized
removal. The Engineer may re9'lire that
the work be suspended at any t1me and for
any reason when such marks cannot be
properly followed. No additional
compensation shall be allowed the
Contractor for any claims of crews being
held up because the lack of line and
grade stakes.
B4. Excavation Limitations and Requirements
The maximum trench width shall be 2'
greater than the outside diameter
measured l' above the top of ~ipe unless
otherwise approved by the Eng1neer.
BS. Preparation
Foundations
Maintenance
of
and
28
~t~~~i
Dewatering: The Contractor shall, at his
own expense unless otherwise provided
for, pump or otherwise remove any water
which may exist in or enter into the
trenches and shall form all dams or other
works necessary for keeping the
excavation clear of water during progress
of the work.
No pipe or fittings shall be laid in
water or when the trench conditions are
unsuitable for such work.
C2. Pipe Laying Operations
Rigid }?ipe bedding shall be Class tIC" as
s}?ecif1ed per Mn/DOT 2451.3C and flexible
p1pe shall have bedding per ASTM 0
2321-Classes I, II or III to support the
anticipated load.
D. watermain Crossings
watermains crossing house sewers, storm
sewers or sanitary sewers shall be laid
to provide a separation of at least 18
inches between the bottom of the
watermain and the top of the sewer. When
local conditions prevent a vertical
separation as described, the following
construction shall be used:
Al. Sewers passing over or under
watermains shall be constructed of
materials equal to watermain
standards of construction.
A2. watermains passing under sewers
shall, in addition, be protected by
providing:
A. A vertical separation of at
least 18 inches between the
bottom of the sewer and the top
of the watermain.
B. Adequate structural support for
the sewers to prevent excessive
deflection of joints and
settlin9 on and breaking the
waterma1ns.
29
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Ii II III
C. That the length of water pipe
to be centered at the point ot
crossing so that the joints
will be equidistant and as tar
as possible from the sewer.
E. Sewer Service Installations
Append section 2621.E as tollows:
Risers are to be constructed as shown on
the detail drawings at all points of
service where the depth of cover over the
invert of the sewer 1s 12 feet or more,
or as determined by the Engineer.
House services shall be kept to a minimum
depth of 9 feet at the property line or
as required to serve property per
Engineer directions.
Connections of the saddle type, when
permitted by Engineer, shall be made in a
smooth, round hole, machine drilled into
the main sewer pipe. The fitting used in
the connection shall be made in such a
manner as to insure that no protrusion of
the fitting into the main sewer pi~e
shall result. The connector shall f1t
perfectly the contour of the inside of
the sanitary sewer and shall be
specifically designed to fit the
particular size main sewer pipe into
which the connection is made. The
machine drilled bole shall be of such
size to ~rovide 1/8" clearance between
the outs1de of the fitting and the hole.
The space thus provided shall be
completely filled with joint material.
The space between the shoulder of the
fitting and face of the main sewer pipe
shall be 1/8" thick and this space shall
also be completely filled with joint
material.
The ~oint material used for the house
serv1ce connection shall be completely
waterproof and shall be capable of
withstanding any condition of stress or
strain likely to be encountered in normal
sanitary sewer construction or
maintenance. Concrete encasement will
not be considered waterproof.
30
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. . . . . . . . . . . . . . . . . . . .
111I1 III
The fitting shall be manufactured of cast
aluminum alloy or cast iron and shall be
capable of receiving normally used types
of pipes for house service connections.
The Contractor shall be responsible to
obtain pipe of proper dimensions to make
a compatible watertight joint when used
in conjunction with the fitting.
The drilling machine and fittings herein
described shall be of the. type
manufactured by Ecodyne Corporation,
Smith , Loveless Division, Lenexa, Kansas
66215, or the approved equal.
F. Manhole and Catch Basin structures:
Append section 2621.3F as follows: All
pipe entrances to sanitary sewer manholes
shall be sealed watertight with a
flexible neoprene or rubber boot.
Catch basins and catch basin manholes
located on curb lines shall be set by the
Contractor such that the concrete top
section will be in alignment with the
final adjusted position of the inlet
casting. No shifting of the casting on
the concrete structure to later match the
curb alignment is permissible. The
opening of the casting must match the
opening of the concrete structure.
Furthermore, the casting must be
constructed so that steps that may be in
the structure are easily accessible.
The En~ineer shall set offset stakes for
the a11gnment and grade of each structure
prior to installation. The Contractor
shall preserve the stakes so that the
Engineer may check the ali':::Io._,ent of the
structure after it has been placed. The
cost to replace the offset stakes for the
purpose of verifying the alignment shall
be withheld by the owner from the final
payment due the Contractor. After
verification of the alignment the
Engineer will submit a certification
attesting to the same. The Contractor
shall relocate the entire structure at
his own expense if found out of
alignment. A minimum of 2 and a maximum
31
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.i 1,11I III
of 6 adjusting rings to be used on all
structures.
H. Sanitary Sewer Leakage Testing
Append section 2621.3H as follows:
Leakage testing shall be required for all
sanitarr sewer main and service lines.
The max1mum amount of leakage allowable
for any section of sewer shall be 100
gallons per inch of diameter per mile of
pipe per 24 hours. For purposes of the
test, the line between adjoining manholes
will be considered a section and will be
tested as such.
Hl. Air Test Method
All gauges for use in the pressure test
shall be liquid filled. No additional
compensation will be allowed for air
testing equipment and materials required
to perform the test.
H2. Hydrostatic Test Method
Append section 2621.3H2 as follows: The
head of water for sewer main shall be 3'
above the invert elevation of the upper
manhole and for services shall be 3'
above the highest invert elevation of
service pipe being tested.
H2A. Infiltration Test
If the ground water level is greater than
3 feet above the invert elevation of the
upper manhole and the Engineer so
approves, leakage tests shall be made to
determine the amount of ground water
infiltration into the sewers.
Measurements will be taken by means of 90
degree V-notch weirs placed in manhole.
Measurements shall be taken at all points
where, in the opinion of the Engineer,
the flow of the water in the sewer is
greater than a maximal allowable leakage.
The maximum allowable rate of leakage for
any section of sewer shall be based on
100 gallons per inch-diameter per mile of
pipe per 24 hours.
32
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Ii III III
In case measurements indicate a leakage
greater than the maximum allowable
leakage, additional measurements shall be
taken and continued until all leaks are
located and the necessary repairs and
corrective work have reduced the leakage
in the section being tested below the
maximum allowed by the Specifications.
All rework and materials used for any
connections must be approved by the
Engineer. For purposes of the test, the
line between adjoining manholes will be
considered a section and will be tested
as such. Leakage within manholes and
from services shall be included in all
testing.
The Contractor shall furnish the weirs
and other materials and labor for placing
the weirs in the sewer and shall assist
the Engineer in making measurements. The
Contractor shall receive no additional
compensation for making the leakage tests
or corrective work necessary to reduce
the leakage below the maximum allowed.
H4. Flexible Pipe Deflection Testing
Thirty days after completion of the
backfill to street subgrade, the
Contractor shall test the sewer for
deflection by pulling a GO, NO-GO
deflection testin~ Mandrell through the
sewer. A deflect10n of more than five
percent of the inside diameter shall be
cause for rejection and the line will be
removed and replaced at the Contractor's
expense. The dimensions of the testing
mandrel shall be as shown on Standard
Plate 210.
H5. Sewer Televising
Sewer line televising may be required by
the Engineer over all newly constructed
sewer lines if the Engineer is not able
to determine whether the sewer line has
been constructed according to city
standards by visual inspection and
previously referenced air and deflection
testing.
33
........... ..................1
:::::I~~~~tii:::::
~ In III
H6. Inspection and Flushing
Prior to final acceptance of each section
of the sewer line, the Contractor shall
flush a ball, the full diameter of the
sewer, through all sewers up to 24" in
diameter. Larger sewers shall be cleaned
by other appropriate methods. All dirt
and debris shall be prevented from
entering the existing sewer system by
means of watertight plugs or other
suitable methods.
Upon completion of the Contract, the
Engineer will carefully inspect all
sewers and appurtenances. All sewers
will be lamped by the Engineer. Any
unsatisfactory work shall be removed and
replaced in a proper manner. The invert
of the sewer and manholes shall be left
smooth, clean, and free from any
obstructions throughout the entire line.
I. Pipeline Backfilling Operations
Append section 2611.31 as follows:
Backfilling shall be done in lifts or
uniform layers not to exceed the depth as
outlined herein and each lift shall be
completely compacted over the full width
of the excavated area. Three feet of
material over the top of the pipe shall
be required before a vibratory or
sheepsfoot roller may be used.
Within the ~ipe bedding and encasement
zones descr1bed as that portion of the
trench which is below an elevation one
foot above the top of the pipe
backfilling shall be done as per Mn/DOT
Spec. 2451.3D. The depth of lifts shall
be 8" or less (loose measurement) and
compacted to 95' of the standard proctor
density ASTM:D698-78 (Method Al.
All other backfilling shall conform to
the requirements as per Mn/DOT Spec.
2105. The maximum lift requirement below
the upper 3 feet shall be 12" (base
measurement) except under the conditions
outlined in Mn/DOT Spec. 2105.3E and
compaction to 95' of the standard proctor
density. The upper 3 feet of backfill
shall have maximum lifts of 8" (loose
34
... ....... ............ ,
:::::~it.y.::ot.~~j.$(>.<:::
..:::~~~.~~l1~:::>
III!~ III
measurement) and compaction 100' of the
standard proctor density ASTM:D698-78
(Method A).
Special compaction effort shall be done
around all manholes, valve boxes, curb
boxes and other structures by mechanical
methods acceptable to the Engineer and
per the requirements of Mn/OOT 2451.30.
In the event that natural, suitable
material is not encountered during the
normal excavation of the sewer trench, or
when the material encountered is
determined unsuitable by the Engineer for
backfilling around the pipe as required
herein, the Contractor shall provide and
place such approved material. All
quantities of such material used shall be
verified by the Engineer.
Service trenches must be compacted in the
same manner as the main trench. In areas
where curb and gutter exists, sufficient
curbin9 shall be removed to allow the
prescr1bed compaction over the entire
disturbed area.
When the trench excavation is within the
right-of-way of a State or County
Highway, the backfilling of the trench,
compaction of materials, subgrade
~reparation and surfacing shall be done
1n strict accordance with the
requirements and specifications of the
Minnesota Department of Transportation or
count~ Highway Department at no
addit10nal compensation.
If backfill material is too wet to obtain
specified compaction densities, the
material shall be dried or allowed to dry
to the limits described in Mn/DOT Spec.
2105.3F at no additional compensation.
If after employin~ reasonable drying
measures, the backf1ll material is still
too wet to achieve the specified density
requirement and is not considered
unsuitable material, the Engineer may
direct the Contractor to place the
backfill in lifts as described previously
with compaction as close to the zero air
void density as practical and to the
satisfaction of the Engineer. This
35
:~: ~ :~~ty. :Ot::~~. :~e:.:::.:~:.:~: ~:
.::.~~~.~~~~:::>
Ii III Iii
procedure shall be done only with the
permission of the City Engineer and
verified by an approved soil testing
company.
All deficiencies in the quantity ot
material for backfilling the trenches or
for filling depressions caused by
settlement shall be sup~lied by the
Contractor. Any excess sU1table material
shall be hauled away and deposited and
leveled where directed by the Engineer at
no additional compensation.
No waste materials or debris shall be
de~osited on the project site without the
wr1tten permission of the Engineer.
Waste material and debris shall include,
but not be limited to, trees, stumps,
pieces of pipe, pieces of concrete,
pieces of asphaltic concrete, tin cans or
other waste material from the
construction operations. All disposal
areas shall be leveled off and the areas
shall have approximately one foot of
clean fill area on the top, all at no
additional compensation.
The Contractor shall remedy at his own
expense any defects that ap~ear in ADeend
the sixth DaraQraDh of Sect10n 2621.31 as
follows. If the Contractor uses ~V~ sewer
pipe and natural, suitable, 9ranular
material is not encountered dur1ng the
normal excavation for the sewer trench or
when the material encountered is
determined unsuitable by the Engineer for
backfilling around the conduit, the
Contractor shall provide and place such
material as approved by the Engineer
(sand fill). Bedding requirements shall
include mechanical compaction of sand
material surrounding the pipe to at least
95' of maximum density as described in
ASTM Methods 0-698 to prevent deflection
of the pipe cross-section.
36
........................... .~
. ... ....., -.. ................-.
:::::#ty.::~t:~~::~:::::::::::::::.
:::::~~~:~~~l~::::::-
I, III 1,1
Deflection of PVC pipe after completion
of backfill shall be in accordance with
the design deflection anticipated for the
depth of cover and imposed loads, but in
no case shall it be more than 5' of the
inside pipe diameter.
Deflections greater than 5' of the inside
pipe diameter shall be considered failure
of the bedding procedure and the
Contractor may be required to re-excavate
the trench and provide additional
compaction along the side of the sewer
pipe.
The density will be tested by an approved
testing laboratory at locations to be
determined by the Engineer. The
Contractor shall bear all cost of any
re-testing as a result of test failures.
A minimum testing frequency of soil
compaction for sewer main and service
trenches shall be one test per 500'
length of pipe per 3' depth of backfill
compacted beiinning at the pipe bedding
level to f1nish subgrade elevation.
Testing frequency for structures such as
gate valves in the roadway area shall be
one test per every third structure per 3'
depth of backfill compacted beginning at
the base support depth to finish subgrade
and within 12" of the outer edge of
structure.
Any failing compaction test shall require
two passing retests. For sanitary sewer
main and service trenches, one retest
shall be taken near the failure test and
one taken at the same backfill depth with
the location 250' (approximately) of the
failure test. For structures, one retest
shall be at the location of failure and
one taken at an adjacent structure and at
a similar depth as the failure test.
Exact locations will be determined by the
Engineer. Any excavation required to
perform the testing requirements as
outlined above as well as replacing the
backfill and compacting shall be done at
no additional compensation to the
Contractor.
37
.. ............ .
.....=r:~,!W.....
II Iii III
Ii III III
In addition to the minimum testing
frequency requirements, at the start of
backfilling and compacting operations,
the Engineer shall utilize a testing
company to determine the number of passes
needed for achieving the specific density
for each mechanical equipment to be used
in compaction. Additional information
noted shall be the soil type being
compacted moisture content of soil,
travel speed of equipment and lift
thickness (loose measurement). This
information shall be forwarded to the
City Engineer and the Contractor and
shall be used only as a guide in
determining the com~active effort needed
to achieve the spec1fied density. This
procedure shall not constitute acceptable
of any backfill placement and the
Contractor shall assist the Engineer in
this procedure at no additional
compensation. Further testing of this
nature may be required when different
soil types are encountered or as the
Engineer directs.
2000 STREET CONSTRUCTION
2105
2105.3
This work shall be done in accordance with the
Minnesota Department of Transportation's
"Standard Specifications for Construction"
1988 Edition and any amendments thereto or
latest revision and as modified herein. The
numbering s~stem used herein corresponds to
the number1ng system in the above named
specifications.
EXCAVATION AND EMBANKMENT
CONSTRUCTION REQUIREMENTS: In areas of fill,
all organic material shall be removed prior to
filling. Topsoil shall be separated and
stockpiled as per Mn/DOT 2105.2 C3 and shall
be replaced on the slopes and boulevard
sections to a minimum depth of 4 inches.
Bituminous pavement excavated shall not be
used as fill and shall be disposed of as
approved by the City Engineer.
Compaction of all embankments shall be per
Mn/DOT 2105.3F. The maximum density shall be
the standard proctor density per ASTM
0-698-70.
38
. . . . . . . .. .... . . . . . .
... ... ... ... ......
:::!:~rb~fl~~l~!'.':!
Ii I'll III
In cut areas, the Contractor shall scarify the
subgrade to a minimum depth of 6 inches and
recompact it.
Material for embankments shall be deposited
and spread in layers per Mn/DOT Section
2l05.3E. Three feet of material compacted
with a plate vibrator, plate tamper or button
head pneumatic compactor shall be placed over
pipe before a hydro-hammer, vibratory or
sheepsfoot roller is operated over pipe.
Granular Borrow when required shall be per
Mn/DOT Spec. 3149 (Granular Backfill).
2111 TEST ROLLING
Test rolling per Mn/DOT 2111 Spec. shall be
required for all streets with the subgrade
surface bladed smooth to the satisfaction of
the Engineer prior to test rolling. Test
rolling (including all re~airs to unstable
sections and retesting) w111 be considered
incidental work to the project unless
otherwise specified.
2112 SUBGRAOE PREPARATION
After acceptance of the test rolling by the
Engineer, the subgrade shall be prepared per
Mn/DOT 2112 and shall be inspected, checked
for tolerance and approved by the Engineer
prior to placement of aggregate base.
2116 SUBGRADE CORRECTION
Requirements under this section shall com~ly
with the provisions of Mn/DOT Specificat10n
2116, except as modified in the Special
Provisions.
2211
2211. 2
AGGREGATE BASE
MATERIALS
Aggregate base shall be 100 percent crushed
quarry rock modified Class 5 in accordance
with Mn/DOT specification 2211. Depending on
the source, the percentage of fines in the
gradation may need to be adjusted pursuant to
analysis by the Engineer. Such adjustment may
be ordered to correct for float.
39
:::::~~~y::ot:~~::~e:::::::::>:::
:::::~~iJIcl:~~~~::::::
II lill III
2573
2573.2
2575
2575.2
2575.3
2575.5
TEMPORARY EROSION CONTROL
MATERIALS
Erosion control fences shall be geotextile
construction fabric meeting the requirements
of MnDOT Specification 3886.2b.
TURF ESTABLISHMENT
MATERIALS
SEED FOR TURF ESTABLISHMENT: Seed
conform to Mn/DOT Specification 3876.
Mixture No. 5 shall be used and applied
rate of 75' per acre.
shall
Seed
at a
MULCH: Mulch shall conform to Mn/DOT
Specification 3882. Type 1 mulch shall be
applied to all seeded areas at the rate of two
tons/acre and anchored by discing, exce~t
where plastic netting for stabilization 1S
specified.
FERTILIZER: Fertilizer shall conform to
Mn/DOT Specification 3881. Mix proportions
shall be 20-10-10. Rate of application shall
be 200' per acre.
SOD: Shall conform to Mn/DOT Specification
3878.
CONSTRUCTION REQUIREMENTS: Seed, mulch
fertilizer and sod shall be placed in
accordance with Mn/DOT Specification 2575.3.
Sod shall be rolled the same day of placement.
Water will not be allowed to be removed from
hydrants.
Topsoil placement shall be performed in
accordance with the applicable provisions of
Mn/DOT Specification 2105. Topsoil shall meet
the requirements of Mn/DOT Spec. 3877 Topsoil
Borrow. The Contractor shall be responsible
in finding source for topsoil
BASIS OF PAYMENT: Payment shall be made per
acre for seeding, 4" topsoil, mulching and
fertilizer. Sod will be paid for on a per
square yard installed basis to include 4"
topsoil.
45
. . . . . . . . . . . . . . . . . . . . . . . .
. . . ... . ... .. .... . ....
::: ::~i~y'::ot: ~~: :t$e: :::::::::'::::'
:::::~~~:~~li~:>:
STREET AND DRIVEWAY RESTORATION
All existing streets, alleys, shoulders,
driveways, sidewalks, medians, etc. disturbed
by construction shall be replaced or restored
to a condition equal to or better than
existing conditions in accordance with the
specifications contained herein unless
modified by the Special Provisions. Payment
for such restoration shall be considered
incidental to the Contract unless otherwise
provided for by the Special provisions or
Contract Bid Item. AnI improvements removed
or damaged unnecessari y shall be replaced or
repaired at the Contractor's expense.
46
. -...... ...
....~it.y:.Oi:.~~~::~r...:.::::.::
..:liI~~inq.~~l~.:::::
Ii 1111 ill
SUPPLEMENTAL SPECIAL CONDITIONS (TECHNICAL)
STANDARD PLATES
PROJECT NO. 92-12
HOLLY LIRCLE IMPOUNDMENT ~.I\U\"luRE
PRIOR LAKE, MINNESOTA
.Plate No. Title
101 Typical Pipe Bedding
102 Typical Pipe Bedding (Details)
104 Typical Pipe Bedding
210 Go, No-Go Deflection Testing Mandrel
301 Concrete Thrust Blocking
303 Valve Box Installation for Watermain
402 Standard Catch Basin for Storm Sewer
404 Trash Guards for Concrete Aprons
602 Siltation Fence for Erosion Control
3100G Concrete Apron for Reinforced Concrete Pipe
5200B Reinforced Concrete Surge Basin
8400D Pipe Railing
8-5.01F(2) Shingling Sod & Overlapping Sod
SludardPlateo
1
Valley n,,;., . ,'.., Co~ III&:.
Projecl No. 9200S
Ii ill lIT
.' III Iii
SAND OR PIT
RUN GRANUl.AA
MATERIAL
COMPACTED
BACKFILL
~
00.+2'
~
~ 0.0. ,
.0'. ~." ': .. _ ,.
. . . . . .."
. : . . . .. .' ,.' ~ .
.... ;;;II;" N
'.':" '..... ."Iii-
. .'. '.' . .' a. aiiiI ~,
". '. . . o]lf .
.'. ii!f
. ~:: > In
~. ~ :.::. iT, ,. O.D.,
. . . . . .' III 112
. '- ~ ..;. . ., '. . .':' ;;:, ~ ,
. ;. . ." . ., . iii\
. . . .' I
.' ." ~ . .' . ..' '. .'." :.' ." - too
'.. . :. : '. ..: . . ~ ... ..... '. II ~
". ...........-
· 00 0 0 0 00.0.. 0 . 0 0.0 0 11 t' 74 (4- MINJ
=\\~,~~~,i~J~,~tJarlla
GRANULAR MATERIAL BEDDING METHOD
APPROVED:
4/18/88
TYPICAL
PIPE
BEDDING
CITY OF PRIOR LAKE
ENGINEERWG DEFt
@STANDARD PLATE
NJMBER 101 I
If III Iii
COMPACTED GAAHULM
8~KF~.:~\. ....'.'
N . '., . '. . .
- . . . :' I'..
I ...',. " , . .
:.....!F>.:... .'...: ',:'.
. . .
. . . .
.. . . .
. . .
u .. .
CD '. "~' y" ,..."
. . I, . ..
:.':. :.... . .:. :: .'
'" ..' ". ....
~A ...1.....'.... ....
~ '" ,'. I, '. . I" I,
lI' I- .... . '. . '_
T .... 12- c Be . 12- .
I.IZ-.f.c Ie _I.; 12- ~
I .'. ,,~. '. ." ..
. :':: :.:....:.::.-. . : : .': . :....: !
. .' .......0..:.. . . .
.. .." . . ..... .' .' . -.. .' . "
.
_ A _
ROCK FOUNDATION
EARTH FOUNDATION
COM~1tD
BACKFill
,.
. . . ".. . .. . . .. '. .
. .' : '. .... II" ... . .
. . .' '8 +6 ' " .
. . ~ , , ......:
. .... " .. .'. . . . .
~
,
CONCRElt '
" :. '4 :.: . ..
....... ...:...
.. '. .
.. . . ...
~. ... ~ ., . . .
. .. .... . .'. . . ....
!'~;J~~:;;i~i~'~~~i'~,
t
CONCRETE CRADLE .
APPROVED:
4/18/88
PIPE BEDDING DETAILS
CITY OF PRIOR LAKE'
~ENGINEERING DEPt
& STANDARD PLATE
NUMBER 102
TYPICAL
PIPE
BEDDING
COMPACTED
BACKFILL
(IN CASE OF CORROSIVE
SOILS USE GRANULAR
ENCASEMENT)
~USHED ROCK OR I~;
WASHED CONCRETE
ROCK
~
OQ+2'
..
j
.
N
-
't
.
QQ'2
l CUT'H AS NEEDED 10
STA81L IZE TRENCH
MIft QQl4, ElJT NOT
LESS THAN 'IO~
SPECIAL FOUNDATION DETAil FOR THE
. STABILIZING OR DEWATERING OF A TRENCH
APPROVED:
4/18/88
II n u
~ O. D. -1
-..=- -~
. .-. . ... . . .
. .' . . .
. . '. . .
. .'
.
. '.
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. .
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· ,: . \ '-. / 1. : .t
~.~.
. ........
· -. JI
.. - ... .
-. .. . ..
II ~lIiaJlle'\llt=lll~.B if
TYPICAL
PIPE
BEDDING
CITY OF PRIOR LAKE
ENGINEERING DEpt
@~=:015't/'TE
-I
_c_ 1=. . . 2 .
ill .
6 . iii .. !
0, .
0 ;:.
0 I~ I .. S
RI .. ...
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tri ,.; .. = ~
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ID III
t- v III 2 1ft
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. -45~
c
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TRIft1 ENDS
OF ANGLES
TO FIT 0' ...
WELD -, .
. TOGETHER- ~
MARKED 00
>
END VIEW
APPROVED:
4/18/88
eo. NO-GO
DEFLECTION TESTING MA
FOR
FLEXIBLE SEWER PIPE
CITY OF PRIOR LAKE
~ENGINEERlNG DEFt
& STANDARD P.LATE I
NUMBER 210
Ii, 1111 'i!l
-'-;)
~J:,
l
PLAN-90. BEND
"I
ClDNCltnr ,11II&._
... eo... WIfI ,.
QUACMUIIT "".
AT L.UlT
II.DDIIK
MATOtUlLP
.-
~~hr'~JI'^VA~1 'i:
"PPttOIl II' k~
...[It( OUn. If"" v'^,
""t I.CUOt .-.
, I
'-..J
SECTION A-A
IlTTTRESS
PIPE 22~e 8EN)S .
SIZE a 0.
se t-!f (..,-
8- t-~ (-5-
12- t-d (-td
I~ '$-0. t-fJ
2Cf 3,. 2'-8-
2.t 4'-4- 3-0.
DIMENSIONS
90- BENDS
4S.8ENOS
B. Pt
.'-~~ (-~
t- .- ,'-6-
-5-4- t-O.
3'-'11 ~-(f
SJO- 3'-4-
6'-10" 3'-10'
e.
{-I-
2"-8-
4-9-
6!..2K
~-4-
g'-e.
APPRCHED:
4/18/88
I l
PLAN - 22 I~. BEND
\,
. J
I
I I
PLAN-4Se BEND
NO TES'
.. DlIIo.'lClNS .. T&IL.~ U( IUID Oft A
."TU "[SIultl elite ~I.L AM All (M1M
1t(SI$TNeCI CI I TOfI 'lit H.".
&. WOOO L... . MAY II uHD '" U(U 0#
ca.CRf:T1 POIt ,-, 1-' .'-'DDS AltO ,c:.
. ~ .~ . 11-' n ill-IDOl ,1tOYIOC AHA ...
COIITACT .me CAlif.. II lAME AS ULA SMO'....
~. OlMINIIQe C, Ca C, StCM.D II \.Mil
DlCUIN TO ""I &NI'-E . lQUAL. TO OR
ulna 1M. 4'~
" DI..DSlON , .. A, IMCUD. AI
u_ AS ~1IL.1 wrTHOIIf 1ft " _', .......
WIT" ...... ~TS.
.. SMA" eI lACK 0' IUTTJtIS. IUT
v...., AI 1.011I1 AI ,~. IS AIAIICIT "Il.
UN DIS TV1t IlD fAIl"..
0-
I"-ff
~"-d
i-6-
3-f{
4'-([
5-0.
CONCRETE
THRUST BLOCKING
CITY OF PRIOR LAKE
ENGINEERING DEP't
@STANDARD PLATE
NUMBER ..3.01
Ii I,ll Iii
I, IIi Iii
-
...--_.~'
r""
......... - ~~~~
"
MIN._
f - Q.OW T'f" 110. '-u..
tc... n'l V&~VI 101 IIOOIL
.0. '''-1 CMl Al'NOVID IOU~
.: :-. 'Tl.
.. . ~\tL
va". ... .. . .,. .
aT CJl CCIlfIIC1fD '''1.
APPROVED:
4/18/88
. .
VALVE BOX FOR
ElJTTERFLY OR BALL VALVE
.".-. _.,1& ",.'"
,
y~vt 101" 1
0'" "a'. ," G, Y ., c .,
OIM. 'a - . ,. G y . ,'. 2-
~:..-\ ^ -,
-{ ..rt-~
GATt VAl.vt 7
GATE VALVE BOX INSTALLATION
VALVE BOX
INSTAllATION
FOR
WATER MAIN
CITY OF PRIOR LAKE
~ ENGINEERING DEPl:
& STANDARD PLATE
NUMBER ~~
PLAN
~
:.5 ~.
11I_"" '" Z .~ t ~ .~ '.,
aoJU$TMtlCT RllfGS~ ~ . ; . . . ~ -
'. . -. ... T
.... . ,._ .1 .
r" . ~
~.. -.
.. .
.. .t-
. . If
a:. e. .
. . "
~~: ..~ I- ,-
fIJ- OI&>>(TI" '''1- ..;,.. '.
CAST OKN'.
I.
~ ~ :,
. i . :
.. 0
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. . ,;
- 0
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-~:
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, '.. '. -........ ~ -;.. .. .... .' .
.' .. . . .. . It , . .. e. -. .. ,.
. .., ...
- -
-:
A
.-.
CURB INLET FRAME AND
CURB BC>>< AS PER
SPECIFICATIONS FOR
FOR REQUIRE 0 CASTING
TYPE.
1..-
'i ....
I
A
..---4- ':
I
.
-
l'.l
.. 0
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I.
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."
IIOTI'
REIHf'Of'C1NI 10 CO~IST
OF . . eARS AT' O.C.
toTH.'" .
I
i
I
t
SECTION A - A
.
STANDARD CATCH BASIN CITY OF PRIOR LAKE
FOR th:\ ENGINEERING DEPt
STORM SEWER ~~~ .4'tTE
APPROVED:
4/18/88
I, 1m JII
I , ~ .." I... I ...
I , '. If . ~.,. D,.. Di..
, hit It .".. .. ... "1' tI ...,... IA' tI.. _.. " IlICtle.
: J ,... ...t.. ,..',.Ii. ,..." " !I' \t J ~ .
. " ". ... . ,
10 %. ,. . ~ ,~
.- f JI ., I t . " d6
& ., ~. I' . .. II
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If t J.. .~ ~;'J I .. II
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APPROVED:
.
5 115/89
TRASH GUARDS FOR
CONCRETE APRONS
CITY OF PRIOR LAKE
ENGINEERING OUt
@STANDARD PlATE
MJMBER 404
'.
11;11 III
MAINTENANCE
.. rUtl' '-"1". IMll .. w,.cc" bMtl.tll,
atter ... 'lll'IU 1M It I_at ..ill ........
.,..1...... ,.Wlll. ..,~,... ",,1" IM11
k 11I4, .....11..1'.
2. ....11 tile rl~ric .ee..... .,. Me_ l..Ueet!"
,,1., te tile ... el eM ..peet" ....'1. Ur., ...
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C. All, "'l.."t .....u. ...-ala1ac La ,1.cI .rc., tile
.11t '1AC1 ., 'llc., ~l., 11 .. llftl., ,...1,..
.ha11 k .,..... tl elftf... wiUl tM IIlhti-a .,...,
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Placement an<: Construchon of I Synlhehc FiJt.r Sarrter
APPROVED;
4/18/88
II I,~ III
SILTATION FENCE
FOR
EROSION CONTROL
~).,-. aJl~~J
~~c.
~~ ~
CITY OF PRIOR LAKE'
ENGINEERING DEPt
@ STANDARD PLATE
NUMBER 602
.
'E
~~I~rt=5-::: T
,
I
:;=:::":'_i"
t
Planned culvert length. _ _ C
J;l .J
TOP VIEW
LG
Grooved end on outlet end section.
\Tonwe end on Inlet end section
T~ \I-- C-r B
t C'," 'n... ~ X
SLOPE DETAIL
Note: Relnforce.ent and Design of End Section .C.
shall confol"ll to Standard Reinforced Concrete
Pipe Class II.
Slope = X to Y Rounded edge pel"llltted on sloped end .B..
~
a;
tl
~ Bar or Steel fabric 1
o
t <<::::relnfon:emenll.. ~
TJ --= , - D .....,---- lG
4 .
LONGITUDINAL SECTION END VIEW
See Std. Plate 3000 for additional requll'8ellts.
.....
~'
'/
Weight A pprox , @
Dlam. Per Slope T A B C D E G R
Section
Ubs.L ...xJp V
U~. 5:30 2.4 to 1 i" 4" ~4" 48-7/8" 72-7/8" 24" 2" 1-11Z" .07
IS" 740 2 .4 to I 2 -1/4 " ~" 27" 46" 7'" .30" 2 -114 " 1-1L1 " .07
Ill" 990 2..3t~1 ~-IQ" 9" 27" 46" n" ~" ~-l.Q " l-lQ" .07
_ 21" 1280 2.4 to 1 2-'/4" 9" 36" 37-112" n-1~" Ifi" 2-"/4" 1-11i " .07
24" 1520 2.5 to 1 .3" 9-1{211 43-1/2" 30" 73-1/2 " 48" 3" 1-1/2 " .07
27" 1910 2.5 to 1 1-114 " 10-1~ 49-1)211 24" 73-112" 54" 3 -114 " 1-1/211 .13
30" 21~O 2.5 to 1 ~-1/2" 12" 54" 19-3/41/ 73-3/4 It ftO" '-112" I-In" .14
36" 4ioo 2.5 to I 4" IS" 63" 34-3/4" 97-3/4" 7211 4" 1-1~ 12
4211 5380 2.5 to 1 4-1/2 " 21" 6~" 35" 9g" 78"' 4-1/2" 1-lIZ .15
48" 6550 2., to 1 5" 24" 12N UN 9~" fM" 5N I-l~ Is
54" 8240 2.0 to 1 5-1/2 II 21" t>>5" 33-1/4" ..H:!/411 90" 5-1/2" 1-1/2 .22
60" 8730 1.9 to 1 6'1 3511 60" 39" 99" 96" 5" 1-1/2 .25
~ft" !Q710 1. 7 ~~ 1 ~-I/2N 30" 72" 27" 99" 102" 5-1/2 " 1-1n 31
72" 125~ 1 ato 1_ _l" ...1b II 1~" nil 99" lOti" f." 1-1~ .35
-i8" 14770 lJHol 7-1/211 3~" 90" ~11t 111" 114" 6-112..:... 1-1/2 .40
84" 1 g160 1 6to 1 8" 3f>>1t 90-112" 21" 11l-1~" J~_6-I/~HQ .:t
90" 20900 ~.l_ a-1/2" 41" . 87-1a..:..H" 111-1/2" 132" 6-10" 6" <ID Continuous basic relnforce.ent In sq. In. per lineal ft. for sloped end ... (larger of Inner or outer cage on
Std. Plate 3000). For wall thicknesses less than 4.. locate relnfo _" ".t at center of wall. For wall thicknesses
4. and greater. locate relnforc_nt with a .In. of 2. of cover .easured f~ the outside of the wall.
NOTE: Unless specified otherwise In the plans. WIen an apron Is required for a run of gasket joint pipe (Std. Plate
3006), the producer 1Ia1 furnish either:
1. An apron with a Std. Plate 3006 jolni. or
2. An apron with Std. Plate 3000 Joint and the end of the Std. Plate 3006 pipe connecting to the apron pro-
Yided with a Std. Plate 3000 Joint. This Joint Is to be sealed with a prefor.ed IMIstic sealer.
May 8. 1985
~"i(--ii.:'
'A.i~ilion Di _ .,
Technical Sefvices
STATE OF MINNESOTA
DEPARTMENT OF T~ANSPORTATION
CONCRc I C APRON FOR
REINFORCED CONCRI: I': PIPE
SPIClflCA llOM
RlnllNCI
2501
2503
STANDAID
PUll
MO.
3100G
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<D 1211 Class A Rlrt'IP on 6" Type I filter blanket.
PlIlCe 5' tut ....11 sides .1Ce. on culv. side.
z
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00 A"
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Var. 1 '-1" max.
(bar spacing)
24" to 48"
r
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01-
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Var. 1 '-0" NX.
(bar spacing)
12" .. 21"
-
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PLAN
END VIEW
6"
b ~~ 6" 1 aD
L~'~ ~ D1f' t R1 ,fi'r'fr""""1
BAR D :. 112 R2 12r I : I
11 Th",) t- _....L. PI,.Il_ j ~:C'M. Pipe
2'lo.:~"... .... 2.J
BAR D' .. . 0 . - . - . . - . ..
(l Thus) l \. Cl
REINFORCING BAR DETAILS Var. 11-0" max. (Bar B spacing-j
All reinforcing ~rure No.4 bars. SECTION B-B
I I REINFORCING BAR DIMENSIONS
~,r;; R RI RZ Y Z AI B I CI I C2 I C3 I C4 1 C5
.1 . 1 b .... . 1 a 1 b 11lo.:J=r ' .. .,,1 '" I .. , r. IIlo.Ti .. I h , r. ...., a I h
!~~ ~~ O:JO." ~'_ 4'-Q': _~-O': 1- 8" Q"J.Q".<4 3'- 8g:S~ 1'.:,3" __I _": _~.::: -;"-Jr \':2' I'~~.'? ?o.:J' \';9." I~~" z: -. _:..
'S..f7~fo'.t1_0171i4 41-4"13'-6.13'-L":m-t1~.:1~CJq3'.zoL,-~~ 1 - t - - 3"2. 1"401I'oS" 2 ~'-~0",-~"i.'-4"L,f il _
18"/9011'-1'-"19" IS'-O.14"30IJl'.""II"I:ttl4'-8"13"II"II'-!'J.lll - I - - 3-11.1'-7"11'-10" 213'-\1"11'-4011'-6"12 1 - I -
it" iOIi"l r'3~"'~15'-711a'1 4'-8"14-4"1 f'-2~' 6 15'-4.1 4'....1 2'-O"~.1 - - I 4'-401 1'-9'" 2'-,"1 2 14'-401,'-,,", I"TI 2 , -:.-, - I - -::"-l2'~iti'f i':-3;,~-!/1t. 0'-10" nil:!' '4
24- 12"'1'-4Joe'112.16'-3.15'-0014'-II"I"'4"~15"I1' - 1 - -'4'-11"12'-3' 2 4'-8" I'-ll' 2'-3012 4"8" 1'-7.1,'-9"'2 I - - - -13'-4" 1'-4lt'"3'-3.~ 1"0. t,OL 8e
0- 15"I"-8~'rI5 "I 7'-7"16'-0"1 s'. 8' 1'.7. 817'. 3' S'-S"I 2'-9-1-"11 5'-8'" 2'-7.~W[.l7-8I!i ~~,-'"' 2'-4"' ? I !i'-R" ~tl-+7-n"214-0"*7"" 3'-10' 1'-21t/ i. 50 ~
33 '6 1I"IOI,.-r'i6lii a'-2~'16'-6"16- oZ"1 1'-81i 8 17"10'1 6'-:L.13'-0-W;6'-Z"1 2'-10"\ Z I 6'-i. ~~'12'-ll" 2 16"2.' Z'-4'1 "'-7.' 2 '6'-2:'12'-0~. '12;-21\" 2 14'-~' 1'-I~':-'4"2" 1'-4"_.L~. . _.'.'.
"I"II~"~~7'-ooI6'-8"II"10' 18'-6.16'-8"13'-3" I 6'-ltI3'-'"W6'-8' '- . '- 6'-S"I2'.,"r2'-9.J 21"-8"'2'-2" 2'-4. 2 14'-8I'Ii 1'-I1I!t"~'- 'I"~O~ 13~
42 21" Z"3lr.or'2t"J1u:F1 8"0"I1'-S"' Z'-'- 10 9"10' 1"8"13'-9 I 1"7'-8"13'-7"lLI7'-S. -2" 3'-7" 2 17'-8" 2'-10' 3'-1" 2 7'-8. z'"S' 2'-7"215'-5" 2'-3. 5'-3" I'~ Z:IlS '!i8
48 24" Z'-6_'1~1I1'-6"19"O'I8'-8"12'-4"litll'-2"18"8'14'-3"W 8'-e-14'-I'W ~1'-~0'E.l4'-I"~1 ~'-8"P.-rrtf*~~2'-IO" Y:-O. 2}6'-3'2'~" ff:o-~.il"o -3:7'- 201
...
SECTION A. A
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STATE OF MINNESOTA
DEPARTMENT OF HIGHWAYS
AP PROVED Q~t.:. .!~L..ljl!l
-vf21~- .fZ!r-~
ASST. CO.~\WSSIt)NER
RESEARCfI AND Sr";'!)ARDS
I. 1.11 Iii
PIPE RAILING
1 ,-J
1=:'=1
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151:=
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j
SPECIFICATION STANDARD
REFERENCE PLATE
MO.
8400 D
JANUARV 31,1982
ROAD DESIGN MANUAL
DESIGN POLICY AND CRITERIA
8-6.0 (7)
Figure. 8-5.01 F(1) & F(2)
Where the flow of water is
sheet flow ,.,place sod strips
perpendicular to the direction
of water flow.
\
SHINGLING SOD
Figure 8-5.01F(1)
Where the flow of water is
concentrated, place sod strips
perallel to the direction of
water flow.
OVERLAPPING SOD
Figure 8-5.01 F(2)
I, III Iii
SUPPLEMENTAL SPECIAL CONDITIONS (TECHNICAL)
SECI10N 2101 . CLEARING & GRUBBING
PROJEcr NO. 92-12
HOLLY CIRCLE IMPOUNDMENT "l1\U\"lURE
PRIOR LAKE, MINNESOTA
PART 1- GENERAL;
A. SUMMARY
1. Remove and dispose surface debris.
2. Clear and grub brush, trees and old stumps.
3. Remove and relocate trees and shrubs as required.
B. RELATED SECI10NS
1. Section 2104 - removing Pavement and Miscellaneous Structures.
2. Section 2105 . Excavation and Embankment.
3. Section 2573 - Temporary Erosion Control
PART 2 - MAl r..~:
Not Used.
.PART 3 - EXECUrION:
A. Verify trees and brush designated to remain. Tag or identify.
B. Protect trees, plant growth and features designated to remain.
C. Protect bench marks, survey control points and existing structures from damage or displacemcnt.
E, !1EARING AND GRUBBING: Oearing and grubbing shall be performed in ac:c:ordance with
MnDOT Specification 2101 ac:c:ording to the construction limits shown in thc Contrac:t Drawings.
The Contractor shall dispose of all timber, stumps and roots and othcr debris resulting from
the clearing and grubbing operations by removing them from the sitc to an approved landfill.
Grinding and shipping by-products may be reused for mulch material on-site with the permission
of the Engineer. No burying of stumps or brush will be allowed within the site.
F. MAINTAINING TRAFFIC:
1. Ensure minimum interference with roads, streets, driveways, sidewalks, and adjacent
facilities.
2. Do not close or obstruct streets, sidewalks, alleys or passageways without permission
from authorities having jurisdiction.
3. If required by governing authorities, provide alternate routes around closed or
obstructed traffic ways.
SupplemeDlaI Special Cc .:.:..J (T .....:. I) . 2101
1
Va1Icy n., ;.. . .".. J eo.. IDC.
Projecl No. 93011
Illig III
G. PROCEDURES:
1. Conduct operations, removal of debris, to cnsure minimum intcrference with roads,
streets, walks, other adjacent oc:c:upied or used areas.
2. Ensure safe passage of persons around the area o( demolition. Conduct operations to
prevent injury to adjacent buildings, structures, other facilities, persons.
3. Accomplish Work with minimum amount o( noise and disruption to existing functions.
4. Readily salvageable items not indicated on drawings (or relocation. but which Owner
may request, shall be salvaged with minimum damage and moved to storage location
on Project site as directed by Owner. These items remain Owner's Property. Removc
completely from site all other items indicated on drawings to be removed.
S. Debris: Removc as it accumulates.
PART 4 - Jdr.ulOD OF MEASUREMENT AND PAYMEN1::
A Clearing and grubbing will be measured and paid according to the Lump Sum price bid.
B. Remove and relocate selected trees will be measured and paid according to the unit price bid
per each.
END OF SEcrION
Supplemelllal SpecioI CG.ditiolll (TcdlDic:aI) . 2101
2
VaIIoy Eo. ;" . ..'", Co.. ....
Projecr No. 931111
Ii 1;11 III
SUPPLEMENTAL SPEaAL OONDmONS (TECHNICAL)
SECI10N 2104 - REMOVING PAVEMENT It MISCELlANEOUS STRUcnJRES
PROJECr NO. 92-12
HOLLY LIRCLE IMPOUNDMENT ~"'AU",..uRE
PRIOR LAKE, MINNESOTA
PART 1 - GENERAL:
A. SUMMARY
1. Remove and dispose of existing culvert.
B. RELA 1 I::.U SECf10NS
1. Section 2101 - Clearing & Grubbing
2. Section 2105 . Excavation and Embankment
3. Section 2573 . Temporary Erosion Control
4. Sedion 2575 - Turf Establishment
PART 2 - MAlr.~:
Not Used.
PART 3 - EXEcurION:
A. Verify miscellaneous items designated to remain.
B. Protect miscellaneous features designated to remain.
C. Proted bench marks, survey control points and existing structures from damagc or displacement.
G. MAINTAINING TRAFFlC.:
1. Ensure minimum interference with roads, streets, driveways, and adjacent facilities.
2. Do not close or obstrud streets or passageways without permission from authorities
having jurisdiction.
3. If required by governing authorities, provide alternate routes around closed or
Obstruded traffic ways.
H. PROCEDURES~
1. Condud operations to ensure minimum interference with roads, streets and other
adjacent oc:c:upied or used areas.
2. Ensure safe passage of persons around the work area. Condud operations to prevent
injury to adjacent buildings, strudures, other facilities, or persons.
s~ Special CollllilioDo (TodmicaI) . 2101
1
VaIIoy Ell.;.. ._".. ,Co~ blc.
PrajecI No. 9311.
Ii III III
rART ~ - MA.1.r-K~:
2.01 FILL MATERIALS
A. Select Granular Soil: Material meeting the following gradation requirements:
Passing 4"
Passing 2"
#4
#200
- 100%
- 80-100%
- 60-100
- Maximum 6%
B. Impervious Clay Core, Blanket and Backfill: Material meeting the Minnesota Pollution Control
Agency criteria for impervious clay pond lining.
B. Unclassified Backfill Material: Excavated material not meeting the requirements of A or B.
PART 3 - EXECUTION:
3.01 STRIPPING
A. Strip vegetation and topsoil Crom new construction and grading area and stockpile for use on
sideslopes.
3.02 EXCA V AnON
A. Notify Engineer immediately if during progress of Work subsurface latent physical conditions
are encountered which would adversely affect the Project and are of unusual nature differing
materially from those ordinarily encountered and generally recognized as inherent in Work of
character provided for in Drawings and Specifications.
B. Subcut under areas of street and house pads to required depth below final grade.
C. Place fill in lifts not to exceed 12 inches thickness and compact each lift to 95% of Standard
Proctor Density (ASTM 0698) except for the top three feet of subgradc under the street and
house pads which shall be compacted to 100% of Standard Proctor Dcnsity.
3.03 SUBGRADE CORRECTION
A. Topsoil and areas of silty soil under the future street (allowing for over-sizing) shall be removed
and replaced prior to completion of the subgrade. Select soils from thc gencral excavation may
be used for backfill. No additional compensation will be allowed for backfill obtained from
other parts of the excavation.
3.04 GRADING
A. It is intended that the rough grading shall be done in such a manner so as to establish the grade
elevations and uniform slopes as noted and indicated on the drawings.
B. Rough grading shall be leveled, rolled and compacted. Rough grading of all other site areas
where elevation changes are made shall be held down for finish materials indicated.
C. Grading work shall be performed in accordance with MnDOT Specifications 2105.
Embankments shall be compacted in conformance with the Specified Density Method
(Specification 21053 Fl). Embankments under the proposed pipe. and structures shall be
compacted to 100% oC maximum standard proctor densities relative to the type and classification
of soil being tested. All other embankments outside of house pads. foundations, and streets
shall be compacted to at least 95% of maximum standard proctor densities.
SUPPLEMENTAL SPBCL\L OONomoNS (TI1CHNlCAL) . 2105
2
Valley Em. ;.. . ...:,." eo.. IDe.
P10jea No. 92llCl5
I: 111I il
D. Topsoil shall be respread to a minimum dcpth of 4- on all graded areas including slopes and
boulevards unless noted otherwise on the drawings.
Loose topsoil shall be compacted before seeding takes place. Areas of topsoil which have beCD
over-compacted shall be loosened and broken up to the satisfaction of the Engineer.
E, Rocks, roots, and debris in the topsoil layer and subgrade surface must be rcmoved as thcyare
worked up by each succeeding operation. Removal of rocks smaller than r minimal diametcr
will Dot be required. Rocks shall be disposed of off site by the Contrador, unless otherwise
directed by the Owner.
The Contractor shall flne grade all topsoiled areas to within 0.1 feet of plan grade and true to
design slopes. All 'birdbaths' or pockets holding water shall be corrected by thc Contractor
prior to seeding.
F. SIGNS AND BARRICADES: To protect the public, the contractor shall furnish, erect and
maintain signs and barricades. The Contractor shall be responsible for compliance with Federal,
State and Municipal safety codes.
,PART 4 - kc. clOD OF MEASUREMENT &: PAYMENT:
A Payment for the accepted quantities for each item described in the Proposal Form at the
contract prices per unit of measure shall be compensation in full for all costs of furnishing the
materials and constructing the appropriate course as specified.
B. Measurement and payment for excavation and embankment will be made in accordance with
the contract unit price per cubic yard for each o( the excavation and embankment categories
as listed in the Proposal Form.
C. Structure excavation and backfill. and trenching and trench backfill shall be merged with the
various unit prices bid and no additional compensation will be made therefore.
END OF SECflON
S1.ftl.EMEI'trAJ. SPIlCIAL CONDmONS (lB:HNICAL) . ZlCl5
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vllloy I!qiaeeriDa Co.. 111I:.
PIOjecl No. 92llCl5
If III lIT
SUPPLEMENTAL SPECIAL CONDmONS (TECHNICAL)
SECnON 2105 - EXCAVATION AND EMBANKMENT
PROJECT NO. 92-12
HOLLY CIRCLE IMPOUNDMENT ~lft.U~lURE
PRIOR LAKE, MINNESOTA
PART 1- GENERAL:
1.01 APPLICABLE DOCUMENTS
A. Bidding Requirements, Conditions of the Contract and pertinent portions of Sections in Division
One of these Specifications apply to thc Work of this Section.
1.02 SCOPE
A. Common excavation, muck excavation, subgrade correction and structure excavation.
B. Backfill, impervious clay barrier and clay blankct.
C. Compacted fill.
D. Rough grading to elevations shown on plans, less hold downs, to allow for placing of base,
bituminous and topsoil.
1.03 RELATED WORK SPECIFIED ELSEWHERE
A. Section 2101 . Clearing & Grubbing
B. Section 2513 - Temporary Erosion Control
C. Section 2575 - Turf Establishment
1.04 SUBMI1TALS
A. Written description of type and source of fill material classified as fill or backfill for use of
compactcd fill or other fill shall be submitted for approval.
B. Duplicatc reports of Field Proctor Density Test.
1.05 QUALITY CONTROL
A. An independent soils testing laboratory will sample and test the embankmcnt soils to determine
Maximum Density and Optimum Moisture. The testing rates will be in ac:c:ordance with the
MaDOT Grading and Base Manual.
B. A representative of the independent soils testing laboratory will observe topsoil stripping and
removal of unsuitable materials under embankment areas. These areas must be approved prior
to backfilling.
SUPPLEMENrAL SPECIAl mND....,... (1CCHNJCAL). 2lCl5
1
vaJJcy Ell, ;,. . .'... eo.. IDe.
P10jecI No. 93lQS
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3. Accomplish Work with minimum amount of noise and disruption to cxisting functions.
4. Rcmove completely from site all other items indicated on drawings to be removed.
5. Debris: Rcmovc as it accumulates.
PART 4 - MEASUREMENT &. PA YMENI::
A. advert removal and disposal, salvage or reuse will be measured and paid together according
to the lump sum price bid.
END OF SECI10N
$""" ... _..... J Special c... :, (r-..aJ) - 2101
2
VIIJcJ Ell. ;.. ... "..,. Co.1Ill:.
Project No. 93111
Ii 1.11 Iii
SUPPLEMENTAL SPECIAL CONDITIONS (TECHNICAL)
SE\...uON 2401 - CONCRETE RETAINING WALL
PROJECT NO. 92-12
HOLLY CIRCLE IMPOUNDMENT ~lKU\'.uRE
PRIOR LAKE, MINNESOTA
PART 1 - GENERAl..;
A. SUMMARY
1. Design, furnish, install, prepare for concrcte pour and strip and rcmove from site all
formwork for cast-in-place concrete.
2. Furnish and install all steel reinforcement for cast-in-place concrete.
3, Furnish and install (imbed in concrete) pipe sleeves for railing posts and weep holes.
4. Furnish and install cast-in-place concrete for retaining walls and footings.
PART 2 - MAl~IAIS:
A. CONCR~l~
1. Concrete shall meet the requirements of MnDOT Specification No. 2461.
2. Mix designation for footings: 3A33 Ready-mixed - Type 3, Grade A (3900 psi), Mix
Number 33,
3. Mix designation for walls: 3A36 Ready-mixed - Type 3, Grade A (39OOpsi), Mix No,
36.
4. Steel reinforcement bars shall meet the requirements of MoDOT Specification No.
3301.
5. Curing paper shall meet the requirements of MnDOT Specification No. 3752.
6. Membrane curing compound shall meet the requircments ofMnDOT Specification No.
3754.
7. Plastic curing blankets shall meet the requirements of MnDOT Specification No. 3756.
PART 3 - EXEct.mON:
A. All cast.in-place concrete work shall be done in accordance with the provisions of MnDOT
Specification No. 2401.
PART 4 - MEASUREMENT & PA YMENf:
A. Payment for the accepted quantities for each item described in the Proposal Form at the
contract prices per unit of measure shall be compensation in full for all costs of furnishing the
materials and constructing the appropriate course as specified.
Supplellle1llal Special Cc . . " . ... (feclulical).:M01c
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Valley E., ;.. . ...1 Co., IIlc.
Project No. 93111
., III III
B. Retaining walls will be measured and paid ac:c:ording to contract unit price bid per square foot
including footings, vertical projection from bottom of footing to the average top elevation of the
wall. All formwork, stecl reinforcing bars, imbedded materials, and curiDg shaD be included
in the unit price bid.
END OF SECflON
supp,.... ." I Special Coodiliolll (TecIuliI:aJ). a.ol
2
VaIIoy EnJill<eriDa eo.. bile.
Project No. 93111
Ii III Iii
SUPPLEMENTAL SPECIAL CONDmONS (TECHNICAL)
S~1.1.0N 2575 - TURF ESTABLISHMENT
PROJECT NO. 92-12
HOLLY CIRCLE IMPOUNDMENT ~lI\ULIURE
PRIOR LAKE, MINNESOTA
PART 1- GENERAL:
A. SCOPE
The work under this section of the Specifications consists of furnishing all labor, materials and
equipment required for seeding and/or sodding the slopes and ditches in accordance with these
Specifications.
The Contractor shall carry on his operations in such fashion that only the minimum amount of
sod is disturbed or removed, If in the opinion of the Engineer the ditch or slopes warrant
replacement of the disturbed area with sod, then the Contractor shall sod the disturbed area.
The cost of replacing any sod disturbed by the Contractor in areas outside of the approved limits
of construction shall be bome by the Contractor.
'pART 2 - MA 1 eKIALS:
A. SOD - The sod cut from bluegrass shall meet the requirements of MnDOT Spec. 3878.
Sod shall be free of Bermuda grass, Quack grass, Johnson grass, Poison Ivy, nut sedge, nimble
will, Canada thistle, bind weed, bent grass, wild garlic, ground ivy, perennial sorrel, brome grass
and other noxious weeds, and shall contain less than five jimsonweed, mustard, lamb's quarter,
chick weed, cress, or crab grass plants per 100 square feet.
B. WATER
Water shall be free of substances harmful to plant growth.
Water shall be supplied by the Contractor.
C. FERmIZER FOR SOD
Type-I solid form, Gradc-B granular.
Available nutrients, percent by total weight:
16% N, 8% K2, 4% P2 05.
D. FERTILIZER FOR SEED
Commercial fertilizer, analysis 8-10-30, meeting MnDOT Spec. 3881. Spreading rate 500 pounds
per acre.
E. MULCH
Type 1 mulch meeting the requirements of MnDOT Spec. 3882. Application rate: 2 tons per
acre. Disc anchored.
S, I / ... ...1aI SpecioJ C,..:"." <T-icaIl. 2S7S
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v.., EDci" . ,"..., eo.. IDe.
Projccl No. 92018
filii lIT
fART 3 - CO~,)..\.UCl1OM:
A. PREPARATION
All holes, depressions and rivulets shall be filled in and brought to a smooth fmish gradc.
Sticks, branches, stones or debris which will interfere with the sod or seeding, shall be rcmoved.
Fertilizer seeded area only, with 500 pounds per acre.
Scarify, disk, or harrow fertilizer into the top two or three inches of soil.
Scarify compacted areas to receive sod to a two inch depth.
Fmal, drag surface to a smooth pulverized fmish grade condition.
B. FERTILIZING
Areas which are not seeded within 14 days after application of fertilizer shall be re-fertilized
before seeding.
fertilizer applied, after fall seeding dates, in preparation for dormant seeding shall havc a
maximum 45-day period between fertilizing and seeding. Frozen ground periods are not
included in 45 day span.
C. SODDING
Transplant sod within 36 hours after harvesting. Sod showing visible signs of heating shall not
be incorporated in the project.
Begin sodding at bottom of slopes.
Lay fIrst row of sod in straight line with long dimension of pads parallel to slope contours.
Butt side and end joints tightly to eliminate visual joints.
Stagger end joints in adjacent rows, a minimum of one foot (30 em),
Do not stretch or overlap sod.
Peg sod on slope ratio of one in three or greater with minimum of two stakes per square yard,
1/2 inch (13 mm) exposed.
Water sod immediately after transplanting.
Roll sod, except on pegged areas, with roller weighing 100-150 pounds per foot of roller width.
Water sod and soil to depth of four inches within four hours after rolling.
Remove sod stakes after turf is established.
Shingle sod on locations as called for on the drawings. Sod shall overlap a minimum of two
inches.
D. TURF ESTABLISHMENT AND REPlACEMENT
SupplemeDlal Special ea.tiI.. (TCCIIicaI) . 2S75
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Valley EDpeeriD& Co., IIlC.
Projecl No. 93111
111:1 III
Watering:
1. Keep turf areas moist after planting until areas have been accepted,
Mowing:
1. When grass reaches three inches in height, mow to 1-1/2 inches in height.
2. Do not cut off more than 50% of grass leaf in single mowing.
3. Remove grass clippings.
Reseed or resod areas failing to become established after one month ( above freezing
temperatures) from installation.
Seeded areas which fail to show an adequate stand of grass (11-15 seedlings per square inch)
within four weeks shall be raked, re-fertilized, reseeded and re-mulched. Fall seed which fails
to show an adequate stand shall be re-fertilized, reseeded and re-mulched the following spring
before June 1. Reseed shall continue until an adequate stand of grass overall is achieved.
The Contractor shall maintain turf areas until the general contract has been completed and
accepted.
E. CLEANING
Contractor shall:
Immediately, clean spills from paved and fmished surface areas.
Remove debris and excess materials from project site.
Dispose of protective barricades and warning signs at completion of general contract.
All areas disturbed by turf operation shall be restored to original condition or to the desired
new condition.
END OF SECflON
SupplemeDlaJ SpecioI CoDdiliDDI (I'<CDicaJ) . 2S7S
3
Valky &peeriDa Co. IDe.
Projecl No. 92018
1:- 1m 1111