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HomeMy WebLinkAboutSpecifications .-( ~ ~ 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." '. ;I " 1 ~, ---.. ~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. \'" " ./ 2 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. ~ .1 " U~/04/92 14:06 FAX 612 447 4245 CIT~ PRIUl{ LA1\J::. 4l!J lJ lJ ...> .--.., 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 , .1 " 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. , f " ClUJ )> c - CD n c.. \p ~ ~ )> C C m g I' ; t ~ .....I~ ,. , ---- ------ \- r / , SELE.... ~ PIk t.c sola.. -1 . BARRIER. .MlNIMUM 3Rt -,~p~ ntE tl200'!!!f!~ .: IIINIIIUII 2K CLAY SIll! "PARTICLES. 25' ,RfWl I , .8- TOfS_O.IL~ I . ~) ~CT GRANU~~ EM8ANKMENT eO'NTROL POINT .A- EL 113.00 SeE SHEET 4: i I UNl EM; -- -- - --__L_ t -. . SUBGft. REQU.'R TYPICAL-EMBANKMENT SECTION ..... ."' ~ f/ ~ r- r- m -< m z (:\. . ) m m :a - z C) o o . "" - Z o . . .A ~ "' VALLEY EN~~.EERING CO., INC. ~\ R/W R/W 50 I R.O.W. oC . c .... I . ~ -(.-y-. . 'y- ~ \ "'-l f 4 5' .."" . 241 ) ~ j =__20/0 .. WEST 5' 1-1/2" 2341 WEAR " 3" 2.331 BASE -- 4" CLASS 5 CRUSHf-D L.S. APPROVED .SUBGRADE /- 0-412 CO, . C ElG _20/0.. I~ . -. ~ .---- :.J=- 1 ~ I EAST- FUTURE STREET SECTION 1 "OT INCLUDED IN THIS CONTRACT) . ~ _ .. _ ,- 4' .... ... - " " SUBJECT: ENMlltM6Nr CItUJ J'LOPa, DATE ~ REVISION ~ ADDENDUM NO. I .~ . ~~ VALLEY EN~-,EERING CO., INC. SUBJECT: RI,. (tAP FLtA NIL DAII: !J"'.'~ REVISION~ ADDENDUM NO. J (~3) , ~ ~ VALLEY ENe(' ,EERING CO., INC. ~ /' / ,/-1. ./ ./ ,;_.-{ ^. /4'" " \ --- ( ~"'\ ~~r--=- ,or: ~ . - '- ~ j . ( - 13''-0.-J '"- - . . - ~~~ i . I ",., ~, r-v'-/............. 'V"""" '" . - V"" """,_. ..... _ .,.~' _ - I _____. . ,.....-.... I ~ 13'. O. "" --.... IIIl \.... "- \. J, J "... ,~, .~ '",. ~L I . \ '," ,~ M ... . .....c ...... -... . '..-0..,.1,;," i I .. I .. -. I . . . . .. ... ..........'"".. -. ...-.J . . -- I i I Jji j' . ,,"" .. / I -j ~.~~~~t.~,.~,' _,.~,'- 'H H-, \ I . _, ./ J l I i ,(/i ''"\YJ F' I 4- . , ~. ~ ....,......-.-- r IIDL FI J ~ --..L- . ., j i 4QNne.1l J; rlt'1 ~ 1 .J,. J ~'\.'Y.~~i'l~/ ~ f~~4'Y~-~A.'?J?- i \ ~"~~j , , . ~urN~i~ ~Rl . jt " SUBJECT: 1'It!JFIU OMtIt ~,. RCP DATE .!J-fIt-'z. REVISION~~ ADDENDUM NO. , ([jJ . .A. &. "' VALLEY ENcL.EERING CO., INC. ~\ ---....., It~,,? .~..\,- " ", \ r ~ Et: 920.3\:t"' J '-. \~~ - 'w(, · ~~~~~'::tllJilfL. _ ~ . ~. INY. EL '14.70. _ :" ~.- .... . I . lID. J;I t Lt..2~ .. ;~l SUBJECT: CURl 8<< E'LaVAr,_ DATE ~ REVISION ADDENDUM NO. J 910 (~) ------ 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. \" \ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ S ./ JU!\. wGu ,1\'.... ...ML FORM ADDENDUM NO. 1 1 Valley BapDeerina Co., IDe. Project No. 92>>1. -, ~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 ~" 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 $ $, \" \ 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 $ ~ ) ( REVISED PR~. ~.llAL FORM ADDBNDUM NO.1 3 Valley Baal ' ....!,'. eo.. lac. L.; ... No. 92018 ~.~ 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 \,. \ 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 -~" 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 r- r- - PROJELT CO~TKACT DOCUMENTS - AND - SPECIAL PROVISIONS - FOR - CITY PROJELI NO. 92-12 - HOLLY CIRCLE IMPOUNDMENT STRUCTURE r- PRIOR LAKE, MINNESOTA r- - - - Prepared by: - VALLEY ENGINEERING CO., INC. 7301 OHMS LANE, SUITE 500 MINNEAPOLIS, MN 55439 - - - I, 111 ./ 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); . ---I 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 ~ n lIT 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 .~itY::ot:~~::~::::. . :~iJUl~Y~lf$.il~l!~ . . . - 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 :::::~it.f::i)(:~~::I.:::::::::::::::: :::::~~l~:~~n.:::::: ~ 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 :;: ::~lty.::ot: ~iQt)~t(:;:;::: ;:;::: ..::.~iDCJ.~~li~::::::. 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 ::::: ~1~Y::0(" ~iO.r: :~e:: :":.::::: ::: :::::~~~:~~l~.:< 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 ~~1~i~HI 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 ::: C~ly::i)t:~~:~<.:: . . ::: ~~dnq:~~U. .. . ~ 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 . . . . . . . . . . . . . . . . ........ ........ .....~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 ::::: ~~ty.:of': ~iOr: .~e.:::..::.: :::::. .:::)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 :::::~it.y::~t:~~::~~:::::::::>:: :::::~~~:~~l~<::: 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 :::: :~ity::O(: ~~: :t;ate:::}:::..:.: .::: 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 ,::::~it.y::~:~iQ(~(:<:::::: ':'::l1'9i~~iiiCi:~~ml~::::::. ~ n III ., ,'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 ::::~ity'::i)(:~~::~e::::::::::::.:: ::'::~~:~~~~::::::. 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 ... ......... . . . . . . . . . . . . . . . . . . . . 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 :::.:~it.y.~:~W::~~::::::.::::::::. :<1mqi~~.~~lhi~:::::: .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 . .......... .. . -~it.y -.0(: Jir~: :~.: ::::::::::::: < .-~iil9:~~1~:.:.:: 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 -..=- -~ . .-. . ... . . . . .' . . . . . '. . . . .' . . '. .. '. .. '. . . . . . . . .' ~: .... ~~.. . ":: ....... . .. .1, , \. . . . . . . . , . . . . ; · ,: . \ '-. / 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 .. ... " . .. . 2 I aW' A . -- 1ft .. '" 1ft .. - - ~ .. .. on '" - ~O 0 .. .. . ~ ~ !. ." w "'''' N N . we ~! .. -- . :: ..I 0 on ... .. C -- 0 O!! z. - c- .... 0 ,j oIl. N 8 - III Olr . on - Ir "'0 on ,.; .. 0 a~ - Z III '" 2 '" ... ... N ! N ~ lit oft '" . tri ,.; .. = ~ ! 0 I ~ . . . . . '.. . .. .. - . .. I ---- '" , ~ ... '" ~ > c '0 '", ... '0 '0 It . iii .,) .; 2 CL ~ 0 a ID III t- v III 2 1ft III N . . ~ 0 ~ - ~ 0 a&J 0 I en - .-. - ~N I --...: . -45~ c w I( c o ~ -l=N -~ - ci o ~ 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 -. . . ,; - 0 : i:- ~ " . '. -~: ... . t' . o. . . . . .. ,~. I. .. "'.. ..' l'.... .." . ..' . 1. . . , '.. '. -........ ~ -;.. .. .... .' . .' .. . . .. . 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 . .' . . .... :. '. , o o 0 . . .0 , . o o 00 . I' . ' '" .. . . I I ~. . i. . .. . . .. I.. . 0, . ,. : . ~'': . " " . , . I. . ." 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 -.1 l " 'i. I~ ".. , , " .. T" . t, "'. 'II.. ~,. . .. -!L -"r J 10 j t. .',.... I fl " " I . I 'I .... . ~ " If t J.. .~ ~;'J I .. II I' =t'I~' I ~ . II ij. . I .h " l.. ". . J\ .5. 'I !ot r . ~ i " ... . . I " s... ... . ~ '" 10 '"~ Il. . i!4 I J' ". I . . fI. . " 4.. I t . 1 t 1 ., I ~. I I' I , t. · I".... I , .L . .0 ~. ,,, .... I .. . I' .... Ilt .... . I . . 11 k, 1\ .... . . I 't "'-. Ltt ,... , ~ 10 to ", III ,.,.j , .. I' OTIS' ..... , "-ATIS AlC IIOt "~u UlEL. ....s. 'LAUS. , PIlI all ruu SMCD "'14 , COATS 01 IUIII'IIUII MINt. 10\." AIC GAI-YA'U." .ce 'TD. ....'11 a." . a.1 ,~ ."'011 On.e...lo.... ~ OUAllOl .,TN DnPbd OIUCTU lAM AM '~I. WlC", CNII ~ 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., ... ......It die Mrrier Itlll .. eecl.NI'J, tile I.'ric lhall .. ",laut "..,cll. ~r. ~~ r-<l"'GN~ oJ F:~~. .... )~ I . ! \ ~9 j ,~~ ~b ~ l't'JI, ~ ';~ ~c l.Jr..jl1 3 A~ \..4.11+ ~I &.-TE fl. &c..r AI . r~T ~. ~ ".. ., ~..''''''6' ___., . ' J. '..l..c ..,.lic. aMul. M ,...,.. liter ..d It... ...t. ".., _at M 1 .... .....It. ....d I",..l..c.l, Mlf tile Ilel&'c .f tile ,-",ler. 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 .,..., ".Ipa," and "..... 2 .~rA-lt' TNr FIl..fQL r~IG.12' f'~ p'40r 4 ~1t.L ",. ~A'4ID ~,r T7rI eJrc~"" reD ~L. .. I' .. &.JC;, ~~. ~~..;:r~ I I I l I Q ~0vA ~, I . . .1 SET ~ ..ifili> N,I(I J' . ~"A'~ ,. ~... I if..'." Tq~ I I ~"'SIJ'1"4 AUJi;",. '1 T~ IJA/tt ~ r TI'fI! ',06"", J. ~T";) , I t"&1 ~ ..sf j' ~ r'1,J. · -F ."'..Jp 4F~~P. i I\~ ~~"I. ''" ",,~ill\ m I r i . ~~ \ l'~ . II ueVA;/ON 1';>/1II'I"r ;" . ~ II KI.~ r~ ".,,~ ~: 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 .. 1111 Iii ~ ~ lh ~:: en i~~ ! 1 . /II Z '" ;IllI r ~ :lI -t. l:? !to b ~ ii ~f :. .L a ~ II: \ . N I: BAR A ~ 1: Vi ~.... UI .- r.n "".... .... (2 Thus) g (5 ~.... UI ;oz~.o a 01'1 0- I "';0 0- BARB ,., ... - Z ... 0 ,., n ... c ~ m "u'" n ~ ~ ::v~ o -f-t k," Z m 0 z'" n -f ~ ,., 0% "'z ... :I: '" ... - IS ... C')-t ~~ CIt ~ C ~ ,., Q ... . . CIt - Z VI '" .,.-t W z"'~ o o~o O '-f~ '":lII . 0 I) ) <D 1211 Class A Rlrt'IP on 6" Type I filter blanket. PlIlCe 5' tut ....11 sides .1Ce. on culv. side. z . 00 A" . e_ . ~A I -' A--- .1 -(!)~ -D C3, .. -:::t "( B '==f 1'1'1'1'1 I, .--1 -I I Ip C4J' B/ Var. 1 '-1" max. (bar spacing) 24" to 48" r L l. B t y Cl..J' B - ~ - - -I' ., I a ..l BAR C, & C2 01- ~ 'C3-' ' -4 . C4.. r L k a BAR C3, C4 . C5 .1 c J ---r' A/ Var. 1 '-0" NX. (bar spacing) 12" .. 21" - I I d> I.A + .. . 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 .I"tr .' ;. '-:. f J) o N . Z,t ,..'" ~ "IIINIIY .Z_ - -1_ ~ "PIS .. __I VI iI .. 1--IVI --.t -. I. 1 j M . M ~: -II :.h i= :. ciil U III - 2.. en c~ T .. M ... J ... J :f1" '. -- .. . .. -AA ...-t' / j~ .:. ,M I .; 0 r ~/ H J:::' ~ t ..J:TI ~ ~ ..., 1 '--~ ~ ..... S '* .... I . .-- ":l . 9 J l' '" ! I t. 20 Cc ..,:! . c. L! Lj ~jN r · I i ~ . I " .9 ] :II ,. 1 I I j ;0 :z i:: '" .1! 0 ::. .~ - t- N .. I :j '. M ... - ~ III -..;:;.- . ... , III . . -.:<< :ii :,1. ..J =~: - - . --;.~ .1--1--;9.1 :> ! : ... 9 .i .:.. If i" ,. ,.1 ~~r~"-':,:~.t. "{ ~ ,'~ ,~ ~... -~'"r7":.... : \j I I ,/. l' i t. , o ..~ 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 ' .. :::'=!J 151:= Ilt! 21,'! ~I~ s . ,,-Ii ~ li"l- (\If S..s j ~ r .a I Jj! ~ ii -"-"5 I! en .53: ":3111t- u]~ l:IIs>en i!' tj'Jl ~2 ~----- en ::t ---- III C I- !:~ - LtC .J ~ ~ - ....; :II _(l!- .I'~".al ;!~11!1! "'~:!:sJn, if iUi-> ! 8 - ,_ .Hi! l.u~j' -I' -- .. ,. II. 111":.2 ;- II ~ .J. · t-..~I 1'''. '~';'~J" I1JJ ~~.J 1. Jj N"":l1I ""'1' .. .I": ~~~~.I-: -al.... ('Jill i. "'1' ;: 2~' "" t"l ..=:111"1=.... .. i '. I H i-) .: 2 I 2: 1.) ~"'-_I -.I.. '~'Ii ;;-Id~ ..!-l t. .._:II 0_ 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 3 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 Ii n n 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 1 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 1 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 2 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