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fir CITY OF OAK PARK HEIGHTS 1 I 1 I I I I Project Manual For 1 2009 Mill and Overlay City of Oak Park Heights, Minnesota May 2009 Project No. 000055-09157-0 1 Bonestroo 1 I Bonestroo ' ADDENDUM NO. 1 For ' 2009 MILL AND OVERLAY PROJECT NO. 000055-09157-0 OAK PARK HEIGHTS, MINNESOTA May 19, 2009 Number of Pages 2 (includes this sheet) ' To: All Planholders of Record From: Bonestroo 2335 Highway 36 West St. Paul, Minnesota 55113 ' (651) 636-4600 — General Office (651) 604-4808 — Chris Long, Project Manager ' The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. 1 Please acknowledge receipt of this Addendum by signing and faxing this page back to Bonestroo at Fax No. (651) 636-1311 as soon as you receive it. Company Name Date 000055-09157-0 Al-1 ADDENDUM NO. 1 DRAWING C6.03 1. Change Note 1 to the following: ' RECLAIM EXISTING BITUMINOUS PAVEMENT (TYPICAL DESIGN SECTION = 2.0" WEAR COURSE, 8" RECLAIMED AGGREGATE). 2. Delete Note 4. 3. On Note 6 replace 1.5" Bituminous Wearing Course with 2" Bituminous Wearing Course. g LIST OF ATTACHMENTS 1. None. END OF ADDENDUM III 1 000055-09157-0 A1-2 ADDENDUM NO. 1 t I IDOCUMENT 00005 PROFESSIONAL CERTIFICATIONS I hereby certify that this report, drawing, or specification was prepared by me or under my direct P su ervision and that I am a duly Licensed Engineer under the laws of the State of Minnesota. Christopher W. Long, P.E.- Date: Ma4 2009 b END OF DOCUMENT Reg. No. 47106 I I I I I I I I 1 PROFESSIONALCER'TIFICATIONS 000055-09157-0 C 2009 Bonestroo IDOCUMENT 00010 ITABLE OF CONTENTS 2009 MILL AND OVERLAY IPROJECT NO. 000055-09157-0 OAK PARK HEIGHTS, MINNESOTA 1 2009 IIntroductory Information 00005 Professional Certifications I00010 Table of Contents Bidding Requirements 1 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Information Available to Bidders I Bituminous Coring and Aggregate Base Sampling Results 00410 Bid Form IIIContracting Requirements 00520 Agreement Form I 00610 Performance Bond 00615 Payment Bond 00700 EJCDC C-700 Standard General Conditions of the Construction Contract I00800 Supplementary Conditions Specifications I Division 1 —General Requirements 01100 Summary 01200 Price and Payment Procedures I 01310 Project Management and Coordination 01330 Submittal Procedures 01400 Quality Requirements I 01500 Temporary Facilities and Controls 01570 Temporary Erosion and Sediment Control 01700 Execution Requirements IDivision 2—Site Construction 02225 Removals 1 02280 Adjust Miscellaneous Structures 02315 Excavation and Fill 02318 Subgrade Preparation II 000055-09157-0 I ©2009 Bonestroo 00010-1 TABLE OF CONTENTS I Specifications Continued... I Division 2 —Site Construction Continued... 02740 Plant Mixed Asphalt Pavement Bonestroo Modified MnDOT Spec. 2360/2350 Combined 02760 Bituminous Joint Construction 02766 Pavement Markings I 02770 Concrete Curb and Gutter 02775 Concrete Walks, Medians, and Driveways ii 02920 Lawns and Grasses 02965 Full Depth Reclamation END OF DOCUMENT I I I I I I I 1 I 1 I I I 000055-09157-0 ©2009 Bonestroo 00010-2 TABLE OF CONTENTS I DOCUMENT 00100 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Oak Park Heights, Minnesota, in the City Hall at 14168 Oak Park Boulevard, until 10 A.M., C.D.S.T., Wednesday, May 20, 2009, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 2009 Mill and Overlay In general, Work consists of the following approximate quantities: 1 9000 SY Mill Bituminous Pavement 3400 SY Reclaim Bituminous Pavement 3400 SY Subgrade Preparation 1570 TN Bituminous Mixtures 210 LF Remove and Replace Concrete Curb and Gutter 440 LF Concrete Curb and Gutter Together with crack repair, saw and seal, manhole adjustments, seeding, pavement markings, and other related appurtenances. The estimated construction cost for this Project is$160,000. Bidding Documents may be purchased by credit card at www.bonestroo.com (follow the Plan Room link) for a fee of $45 (for a paper copy), or a fee of $20 (for a download digital copy). Bidders may purchase a paper copy of the Bidding Documents from the Issuing Office of Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600 with a check for a fee of $45. Bidding Documents may be viewed at the office of the City of Oak Park Heights and at the Issuing Office. Direct inquiries to Engineer's Project Manager Chris Long at(651)604-4808. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right t g to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Eric Johnson, City Administrator City of Oak Park Heights,Minnesota 000055-09157-0 ©2009 Bonestroo ADVERTISEMENT FOR BIDS I IDOCUMENT 00200 INSTRUCTIONS TO BIDDERS IARTICLE 1 -DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office: The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. IARTICLE 2 - COPIES OF BIDDING DOCUMENTS I 2.01 Complete sets of the Bidding Documents in the number and for the non-refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office. I 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or r( grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS I 3.01 To demonstrate Bidder's qualifications to Owner's o perform the Work within 5 days of Owner s request, Bidder shall submit written evidence, such as financial data, previous experience, Ipresent commitments, and such other data, as may be called for below: A. Evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of Contract. IB. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. I I I 000055-09157-0 ©2009 Bonestroo 00200-1 INSTRUCTIONS TO BIDDERS I ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: I 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities)that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports, or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not , part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, 000055-09157-0 ©2009 Bonestroo 00200-2 INSTRUCTIONS TO BIDDERS I I Il interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications, or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide investigations, explorations, tes,and studies as Bidder deems necessary s for examinations, a Bid. Bidder shall fill all holes, and clean up and restore the Site to former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors)that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: I A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; i B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost,progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost,progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2)reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; 000055-09157-0 ©2009 Bonestroo 00200-3 INSTRUCTIONS TO BIDDERS I I E. obtain and carefully study(or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and a or data concerning conditions (surface, subsurface, and Underground Facilities) contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and ° including applying procedures of construction to be employed by Bidder, includm any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, safety precautions, and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the Price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; III d H. correlate the information known to Bidder, information and observations o mined from visits to the Site,reports and drawings identified in the Bidding additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I I. promptly give Engineer written notice he Bidding Documents and confirm that the II discrepancies that Bidder discovers written resolution thereof by Engineer is acceptable to Bidder; and J. determine th at the Bidding Documents are generally sufficient to indicate and I convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work requi required by the Bidding and Documents, and applying any specific means, methods, techniques, procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bid and that the Bidding and the written resolutions thereof by Engineer areacceptable Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 -PRE-BID CONFERENCE I 5.01 There will be no pre-Bid conference. 000055-09157-0 00200-4 INSTRUCTIONS TO BIDDERS ©2009 Bonestroo I IARTICLE 6 - SITE AND OTHER AREAS 1 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures permanent changes in existing facilities are to be obtained and paid for by Owner, uless II otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 -INTERPRETATIONS AND ADDENDA i7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in I response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions I answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 -BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid Price and in the form of a certified check or bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award I may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of tY other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. I I 000055-09157-0 I ©2009 Bonestroo 00200-5 INSTRUCTIONS TO BIDDERS I ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which or the dates by which Milestones are to be achieve in the I the Work is to be Substantially Completed and ready for Final Payment are set Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages,if any, are set forth in the Agreement. I ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment substitute ior d or- equal"described in the Bidding Documents without consideration of possible su equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or-equal" item of material or forisuch acceptance will not be considered Contractor if acceptable to Engineer, application such a. by Engineer until after the Effective Date of the Agreement. 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS I 12.01 If the Supplementary Conditions require the identity vance of a specified date prior to the individuals, or entities to be submitted to Owner I Effective Date of the Agreement, the apparent successful Bidder and any oth er Bidder so requested shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities i pr shall be accompanied portions by an experience for which such identification is required. Such I with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may before the Notice of Award is given request apparent successful Bidder to submit a substitute s Bid Price which case se apparent successful Bidder shall submit an acceptable substitute,Bidder's (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making the Contract award. the I 12.02 If apparent successful Bidder declines to make substitution,subcontractors, suppl ers, Contract to the next lowest Bidder that propose s to use acceptable individuals, or entities. Declining to make requested substitutions will subcontractor,constitute grounds for forfeiture of the Bid Security of any Bidder. Any individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner the 1 and Engineer subject to revocation of such acceptance after the Effective Agreement as provided in Paragraph 6.06 of the General Conditions. 000055-09157-0 00200-6 INSTRUCTIONS TO BIDDERS ©2009 Bonestroo I 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID I13.01 The Bid Form is included with the Biddin from Engineer. g Documents. Additional copies may be obtained 1 13.02 All blanks on the Bid Form shall be completed b p by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the I Bid Form. A Bid Unit Price shall be indicated for each Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- I president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by partnership Y a p ership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. III The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formati the official address of the firm shall be shown below the signature. on of the firm and 13.06 A Bid by an individual shall show the Bidder's name and official address. I13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature. I13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which Ishall be filled in on the Bid Form. 1 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of 1 the Contract. Bidder's State Contractor License Number, if any, shall also be shown on Bid Form. the I13.12 Bidders shall indicate the Total Add or Deduct to the Total Base Bid for each provided on the Bid Form. Alternate I 000055-09157-0 I ©2009 Bonestroo 00200-7 INSTRUCTIONS TO BIDDERS 1 13.13 Bidders shall identify the name of the company or subcontractor that will perform the listed portion of the Work if the Bidder is awarded the Contract. ARTICLE 14 -BASIS OF BID; COMPARISON OF BIDS 14.01 Bid Unit Price With Alternates ates I A. Bidders shall submit a Bid on a Bid Unit�c c Price �h Alternate describedis�dhe the Bid Form and include a separate price Documents as provided for in the Bid Form. The price for each Alternate will be the amount added to the Base Bid inat on of Alternates or the O er evaluation of Bids, Owner may select any co b may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of th 1 estimated quantity of each Bid Item and the corresponding Bid Unit Price. The quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. Discrepancies between the multiplication of units of Work and Bid Unit Prices will d C. p be resolved in favor of figures Bid and the correct orrect Discrepancies thereof will be resolved in favor sum of anycolumno gam' of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternate Bids. for overhead and 14.02 The Bid Price shall include such amounts as the BpDocuments as provided profit on account of cash allowances, if any,name d in the Conti-ac in Paragraph 11.02 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 A Bid shall be submitted no later than the date l be enclosed prescribed and at opaque the place indicated in the Advertisement for Bids and shall marked with the Project Title (and, if name and address of idderp and shall be Project for which the Bid is submitted), the n accompanied by the Bid Security and other required documents. If a Bid is sent by mail or delivery system,the sealed envelope containing the Bid shall be enclosed in a mailed other rY Y envelope plainly marked on the outside with the notation "BID ENCLOSED. Bid shall be addressed to Owner's office. 000055-09157-0 00200-8 INSTRUCTIONS TO BIDDERS ©2009 Bonestroo I ARTICLE 16 -MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate doc manner that a Bid must be executed and deliered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non-responsive, read aloud publicly. A Bid Tabulation of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 -BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remains subject to acceptance for the period of time stated in the Bid Form,but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid or Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds after reasonable inquiry and evaluation to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price,time, or changes in the Work and to negotiate Contract terms with the successful Bidder. 19.03 More than 1 Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements and such Alternates,Bid Unit Prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. I I 000055-09157-0 ©2009 Bonestroo 00200-9 INSTRUCTIONS TO BIDDERS I may consider 19.05 In evaluating Bidders, Owner will consider ontractors qualifications suppers,00therdandividuals, or entities the qualifications and experience of proposed for those portions of the Work for which submitted ea identity f uincontr subcontractors, suppliers,mentary other individuals, or entities must be subm provided Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary d to establish the responsibility, qualifications, and financial ability of Bidders, propose suppliers, individuals, or entities to perform the Work in accordance with the Contract of Documents. As a condition of its Bid, Bidder is required t and agents which arise o t whatever nature against Owner, Engineer, and the of or relate to such investigations and statements made id to be intentionally false and statements that can be shown by clear and convincing dence made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract award pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. AR TICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary B Bonds Insuritions, forth Owner's requirements as to Performance and Payment shall be sets f When the successful Bidder delivers the executed Agreement to Owner, it s accompanied by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement the re a required number of Within 15 arts days thereafter, successful Bidder shall sign and deliver q eafter shall the Agreement and attached documents to Owner. l with 10 mpleterse of th Drawings deliver 2 fully signed counterparts to successful B idder o with appropriate identification. END OF DOCUMENT I I I 000055-09157-0 00200-10 INSTRUCTIONS TO BIDDERS ©2009 Bonestroo Baytown Township -- Baytown Township Page 1 of 2 Baytown Township I __ Washington County, Minnesota=Celebrating our 150th Anniversary ____ Home Baytown Township Township Officials Township Supervisors Township Staff The Baytown Township Board of Supervisors has 5 members. These members are elected Planning Commission by the residents of Baytown Townshp. Annual elections are held in March. Permits/Licenses Events/Calendar 'Name 'Telephone No. 'Committee Assignments Agenda and Minutes 'Kent Grandlienard 1 651-430-1142 'Board Chair 'Michael Amundson 651-748-9998 IlRoads Ordinances Ron Fredkove 651-439-6048 CAC and MSCWMO Well Advisory (Robert Kroening 1651-430-2928 FAQ William Nelsen 651-439-7118 Roads Helpful Links History Baytown Recycles Stored Documents Public Hearings Elections Sheriffs Reports Search GO Full Site C This Section Search Tips Printer-friendly Version m e Tir.., ,,,,- Oak Park Heights ENCLOSURE -6 Request for Council Action Meeting Date June 9, 2009 Agenda Item Title: Approval of 2009 Seal Coat Project Time Required 0 min Agenda Placement Consent Originating Department/Requester Public Works Director/Tom Ozzello ' Re uesters Signature ;e; q g � Wf - , ;x Action Requested Approval of Seal Coat Contract for 2009 Background/Justification The City of Oak Park Heights retained an option with Stillwater, the township and City of - . Grant, May and Bayport to solicit bids for the Seal Coat portion of the 2009 street maintenance project. Oak Park Heights has previously entered in to such agreements with the City of Stillwater. This has been beneficial to all cities and has resulted in time and money savings. I thank Stillwater for allowing us this option to Oak Park Heights and Bayport. The proximity of our combined projects and the larger work area bid allows us all to obtain a better price from vendors than if we bid the project on our own. The contractor can bid on a larger quantity and does not have to mobilize for several individual projects. Each city is listed separately and is responsible for payments of its individual work in this year's contract. The city of Stillwater drafted the contract bid documents for the cities and advertised the project as required by state statute for major projects. As in the past, there is an administrative fee of 2% of Oak Parks Height's portion of the seal coating that will be paid to Stillwater to offset the added cost to Stillwater to develop, advertise, print, ship, receive and review the combined Seal Coat project. We realize approximately 10% in cost savings in combining our project with Stillwater and Bayport and do not incur engineering fees. The cost savings of a larger joint bid project will significantly lower the overall cost of our project(s). The closing date of the joint seal coat project bid was May 28, 2009 at 10:00 AM in Stillwater. The attached listing of streets with surface area estimates and map is for Oak Park Heights 2009 seal coat project (attachment 1 & 2). Stillwater approved their portion of the project at their council meeting on June 2, 2009. The scope of the seal Coat project has been reduced by the mill and overlay work planned and approved by Council that covers some areas that were in the original estimated quantities for the 2009 Seal Coat Project and by alternative materials to be used at the lift stations and possibly problem areas north of Hwy 36. The City of Oak Park Heights has Page 19 of 100 • current funding of$282,147 in budgeted projects for street repairs and maintenance that includes street seal coat and crack seal for 2009. There were three qualified bidders that submitted bids for review for the 2009 seal coat S project. They were Allied Blacktop, Fahrner Asphalt and Pearson Bros., Inc. An abstract of bids is attached (attachment 3) for the combined city projects. Oak Park Heights' costs will be based on the unit price of the CRS-2 Emulsion (oil base) and the cost of the FA-3 Aggregate (rock chips) used. The low cost qualified bidder on this project was Allied Blacktop. Their Unit cost is $2.65 per gallon for the emulsion oil and $60.00 per ton for the FA3, CL.A, 118th inch aggregate. Last year's prices were $2.37 per gallon for the oil and $61.25 per ton for the rock. All incidental work (except crack filling) to prepare the surface and area for the work are covered in their unit prices. Using standard application rates of oil (0.35 gallons per sq. yard) and rock (30# per sq. yard), we have estimated the quantities of material below that will be applied with the project. The surface area seal coated is outlined from the attached worksheet listing our project roads (attachment 1) and results in the following City of Oak Park Heights costs: CRS-2 FA-3 $/gal $/ton $ 2.65 $ 60.00 Estimated Quantities CRS-2 at 0.35 gallons per sq. yard 20082 $ 53,216.55 Tons of FA-3 at 30#per sq. yard 861 $ 51 ,638.70 TOTAL ESTIMATED COSTS $ 104,855.25 Contingency at 10% $ 10,485.52 • Administration 2% $ 2,306.82 Council Request for Approval $ 117,647.59 Total $ 117,650 Seal coating is on our pavement maintenance plan and done each year on a rotating basis to maintain the water seal on the pavement so water does not enter the base under the asphalt and cause base failure through the yearly freeze thaw cycles. It also places a new granular wear surface over the asphalt oil seal. This work will extend the life of our streets. Recommendation Based on the available budget and the bids received on this project, we ask the Council to approve the joint bid with Stillwater for the Seal Coat Project and award of the 2009 Seal Coat Project to Allied Blacktop as the low responsible bidder and authorize the project to proceed with a budget not to exceed $117,650 of the $282,147 in budgeted projects. If this seal project is approved, we also ask authorization and approval to immediately proceed with soliciting a contractor for properly crack sealing streets prior to Seal Coating. The low cost will be based on DOT specs for feet of crack filled and will be under $10,000. Page 20 of 100 • CITY OF OAK PARK HEIGHTS SEAL COAT PROJECT 2009 Attachment 1 Street and area Calculation Width Cul de Location (ft.) Length (ft.) Sacs Surface Area (Sq.Yd.) Memorial 58th N. to Overlay 99,seal cul de sac coated 2004 24 550 1 _ 2,247.7 Memorial 58th S to Overlay 99, seal 55th. coated 2004 24 _ 2,150 5,733.3 58th Hwy 5 W to Overlay 99, seal Memorial coated 2004 24 700 1,866.7 55th Hwy 5 West to Constructed 99, seal Memorial coated 2004 24 750 2,000.0 58th Hwy 5 E — — through Neal Reconstructed 98, Intersection Seal coat 2004 various 550 2,000.0 Oakgreen N of 58th Overlay 99,seal �_ to Baytown Line coated 2004 24 2,000 _ ___ ___ 5,333.3 Oakgreen 55th to Overlay 99,seal �" City lin-qftup coated 2004 12 1,500 _ _ _ __ 2,000.0 58th Street Wear Coat 00,Seal — _ ��"� Oakgreen to Norell Coat 04 _ 50 3,150 17,500.0 Norwich Ave 58th to Wear Coat 00,Seal Parkway Coat 04 36 900 -- 3,600.0 Wear Coat 00,Seal Norwich Parkway Coat 04 36 2,800 1 11,981.0 Wear Coat 00, Seal Nolan Avenue Coat 04 30 700 1 3,114.3 15,750 3 57,376 Tom Ozzello, Public __._. _Cul de Works Director Length (ft.) Surface Area (Sq. Yd.) Sacs Work 651-439-4439 2009 Seal Coat Project - OPH Cell 651-485-3138 P.O. Box 2007 Oak Park Heights, MN 55082 OTHER ORK TO BE CONSIDERED IN 2009 MAY INCLUDE Filrat D OVERLAY WITH PATCHING as temporary p y option for: Area E Reconstruction North of 36 West of Osgood Reconstruct in 2005 delayed until? 24 6650 17,733 EXEMPT 62nd new asphalt, Paris new asphalt, Oxboro south of 62nd, 62nd Osgood to Oxboro Kern Lift Station Constructed 99,sealcoated 2004 12 120 160.0 Page 21 of 100 , . , ,..., r ':E•:' ,..=;•,,1 0 '', laAtil(il „:„.....,. , ,,,,,.....7., •-::,,..!...: .-...„F•it*, .:1-;!...,,..t!---..;A :4,.:-.,( ..,...; .:7'•• ', .i:: :',,:7i.:,::::' .':., " , 14'1,1,-:,''''4%.4'.- .-., ,, -.1• -, - 'i,•.,'):%'• '' •' r - • -,,,* ,'ire;,.%/'*:.:',,,;.:',"'; .'..,,'.':•..'"? %44,,,,' 4:: ,-•!-ii.i4.,' :.; . ,t0'i' (:•'•:7,14..,.'' 4 „-..;',. 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The date of completion of all WORK is therefore July 17, 2009 . i c� Owner 04e PMGe gr(;(rS Signed 10:1 Title eery /411N/ 71', 7b4 ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED Is hereby acknowledged by: Contractor Date Signed Title (Please sign and return) Bonestroo (C.5-((Notice to Proceed.docIlVtM 0213071 Page l of I r DOCUMENT 00300 IINFORMATION AVAILABLE TO BIDDERS IPortions of reports and drawings used by the Engineer in the preparation of the Bidding Documents are attached to this document. The Technical Data is identified in the Supplementary Conditions. I Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other historical information regarding the Project may be I available for Bidder's review at the Engineer's office. Schedule a viewing time with the Project Manager. END OF DOCUMENT I I I I I I I 1 I I I 000055-09157-0 © 2009 Bonestroo INFORMATION AVAILABLE TO BIDDERS I I I April 23, 2009 City of Oak Park Heights PO Box 2007 14168 Oak Park Blvd. Oak Park Heights, MN 55082-2007 Attn: Eric Johnson, City Administrator RE: Results of Bituminous Coring and Aggregate Base Sampling City Streets, Oak Park Heights, Minnesota AET Project #28-00049 Dear Mr. Johnson: I This report summarizes the findings of our Bituminous Coring and Aggregate Sampling project we recently completed for the City of Oak Park Heights, Minnesota. Our scope of work was as follows: 1 Fieldwork • Obtain eleven (1 1) bituminous pavement cores on the streets and parking lot (Brekke Park) as indicated on the maps supplied to AET by Bonestroo and Associates. Perform hand auger borings to determine the thickness and quality of the aggregate base under the pavement. I Report • Summary of bituminous thickness and description of the condition of each core. • Summary of aggregate base thickness and textural classification of base material. • Descriptions of drilling, sampling, test, and classification methods. • Discussion of any pavement condition or materials issues evident from the bituminous and base samples • Digital pictures of the bituminous cores. The table below summarizes the bituminous and aggregate base thickness measured at each coring location. Also, there is a textural description of the aggregate base sample obtained at each location. Please note, only one sample of aggregate base, core 8, consisted of crushed limestone. The remaining samples consisted of gravelly sand and sandy gravel materials with little or no crushing. I I I ei City of Oak Park Heights Pavement Coring 1 April 23,2009 Page2of2 Oak Park Heights Pavement Coring Date. 4/2012009 Core Base Thickness Thickness Core# Location , (inches), (inches) Base Material Description 1 WB 58th St.N,95'East of Osman,6'south of curb 3.8 t4 Sandy gravel,Fine grained sand below 2 EB 58th St N.3'West of trail,6'North of curb 2.9 11 Sandy gravel,Medium grained sand below 3 SB Osman Ave,50'South of 58th St,10'east of curb 2.9 5 Sandy gravel,Fine grained sand below 4 NW Quad of Oren Ave Cul-de-Sac,54'N of driveway,1S fro edge 5.1 None No gravel base,fine grained sand under pavement 5 NB Oren Ave,30'north of hydrant,8'west of curb 5.4 6 Gravely sand,large rock(4)6 inches 6 East end Brekke Pk,70'from east curb,15'from south curb 3 5 4 Gravely sand,gvl,Fine r grained sand�� 'sand 7 West end Brekke Pk,27'from west curb,30'from north curb 1.2 6 Y grained 8 SE Quad of 60th St Ct,7'West of SE drive, 12'North of edge 3.8 10 Crushed gravestone,grained sand below 9 NW Quad of 60th St Ct,15'S of entrance,5'east of edge 10 SB Norell Ave.50'South of Frontage Rd,5'East of curb 5.1 12 Sandy gravel,Medium grained sand below 11 NB Norell Ave,5'W&15'S of Wal-Mart truck entrance CL 5.7 9 Sandy gravel,Medium grained sand below •2"rock encountered immediately below pavement Pictures of each of the bituminous cores are attached to this report. The cores were all in relatively good condition, with no evidence of stripping of any of the different layers. The cores were obtained using a 4" diameter water cooled diamond tooth core bit. The aggregate base samples were obtained using a 2.5" diameter hand auger, with continuous sampling to the bottom of the aggregate base. Remarks: , If you have questions or need additional information, please do not hesitate to contact me. American Engineering Testing, Inc. Report Authored By: Peer Review Conducted By: I�' 40 �jr —t ,,� Corziliufs,David L. Rettner, P.E. 1 eph P.E Vice President/Principal Engineer rincipal Engineer I hereby certify that this plan,specification,or • I report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the taws of the State of Minnesota Date: Z 3 c' License#:20458 Attachments: Bituminous Core Pictures (11) I I VM 5 INKTO • - ` t. w • $ __• Z. fit W 4111 1145.. w : i` Viey, I • I 1 r i Xyt R5 a Z. b 1 .' g •- s h ..� ism8+4,00.„. 4 sT/y , .. 0 .. , . _ .2.4 •• Y I - 4 0 ''''4 3 1 b## ... R t IR o e I .„,,.; ..,... ....... .., I ...,.., ...... ......... • .: • I ...... y --- 1 i10r I • y yam, ��, i .V!it+ •„..,111t.�� _ I � 1 n 4ii. 111 • .1,:1:4' ”" It.:V."':• ''''-' 71"\1 i -;f•- 096E1%)lit P. mi Qp,, F r I V +.:. } Y 4 "41 1� +* Y Cis . ........................ r • 'Nat . I �I - .. ... R AO"" �, R x. . .: ... 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"'"''' 7:-,..- '' 't a ri° ?g' ;41'.;',,g4' *` - t� t r• , ,,.. .. , ... ,.,.. ,,,-.1,._..,.,-,,.-..-,--„,-..,...4,,,,,,,,,,,.,.,, Ti;,.:-: : ' ''''',-',--::'.r.-',::',I,:,-;i-:..,li:4.,,-:',l'A:' ' % i �Y '" et ' ,.. ,.,:,„.... 0 ir ,c,a,b,. _ _ 01.,..,„,. ii,:.,:,4r,,,, .,,, k k ¢me I I I I I I I I I 1:: BIDDER:j L E) 45,1 , /�' ' Bonestroo DOCUMENT 00410 BID FORM 2009 MILL AND OVERLAY L/� �� / PROJECT NO.000055-09157-0 OAK PARK HEIGHTS, MINNESOTA 2009 THIS BID IS SUBMITTED TO: City of Oak Park Heights City Hall 14168 Oak Park Boulevard Oak Park Heights,MN 55082-3007 `1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening,or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that:A. Bidder has examined and carefully studied the Bidding Documents,the other related data identified in the Bidding Documents,and the following Addenda,receipt of all which is hereby acknowledged: Addendum No. Addendum Date Am-y/� 2av7 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local,and Site conditions that may affect cost,progress,and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost, progress,and performance of the Work. D. Bidder has carefully studied all: (1)reports of explorations and tests of subsurface conditions at,or contiguous to,the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at,or contiguous to, the Site(except Underground Facilities)which have been identified in SC-4.02,and(2)reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. 1 000055-09157-0 ®2009 Bonestroo 00410-1 BID FORM 1 E. Bidder has obtained and carefully studied(or accepts the consequences for not doing so)all additional or supplementary examinations, investigations,explorations,tests,studies,and data concerning conditions(surface,subsurface,and Underground Facilities)at,or contiguous to,the Site which may affect cost,progress,or performance of the Work or which relate to any aspect of the means,methods,techniques,sequences,and procedures of construction to be employed by Bidder,including applying the specific means,methods,techniques,sequences,and procedures of construction expressly required by the Bidding Documents to be employed by Bidder,and safety precautions and programs incident thereto. I F. Bidder does not consider that any further examinations, investigations,explorations,tests,studies,or data are necessary for the determination of this Bid for performance of the Work at the price(s)Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents,and all additional examinations,investigations,explorations, tests,studies,and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts,errors,ambiguities,or discrepancies that Bidder has discovered in the Bidding Documents,and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the 9 Y Y 9 performance of the Work for which this Bid is submitted. iK. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently,without consultation,communication,or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner,or Engineer at the Owner's direction,to undertake an investigation and submit an evaluation concerning Bidder's responsiveness,responsibility,and qualifications before awarding a contract. Bidder hereby waives any and all claims,of whatever nature,against Owner,Engineer and their employees and agents,which arise out of or relate to such Iinvestigation and evaluation,and statements made as a result thereof,except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. I 000055.09157-0 I ®2009 Bonestroo 00410-2 BID FORM ,< 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): IAll specific cash allowances are included in the price(s)set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. IUnit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions I Bidder acknowledges that estimated quantities are not guaranteed,and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided,determined as provided in the Contract Documents. II No. Item Units Qty Unit Price Total Price I I PART 1-NORELL AVENUE NORTH (MILL AND OVERLAY): 1 MOBILIZATION LS 1 $39 00 . $ 3 WO/CO I2 TRAFFIC CONTROL LS 1 $ 100°, v° $ JO 00/d 3 SAWING BITUMINOUS PAVEMENT LF 175 $ A 00 $ /75/°0 1 4 MILL BITUMINOUS PAVEMENT(2"DEEP) SY 1900 $ /0o $ 3 009'0 5 ADJUST MANHOLE CASTING,INCLUDING EA 3 $ 1010/00 $ )0,00goo NEW HDPE ADJUSTING RINGS I 6 REMOVE AND REPLACE CONCRETE CURB LF 35 $ 30000 $. JO 55'(30 AND GUTTER �f 7 CRACK REPAIR, 1'WIDE MILL(1.5" LF 175 $ - //O0 $ 700i0.0 I DEPTH) q 8 BITUMINOUS MATERIAL FOR TACK COAT GAL 95 $ A 7 ti $ I / ' O0 I 9 TYPE MV 3 WEARING COURSE 1NDCfURE (E) TN 240 $ .5g1 cc $ J 3 l p rO0 10 4"SOLID LINE,WHITE EPDXY LF 250 $ O SQ $ is 00 I11 4" BROKEN LINE,WHITE EPDXY LF 150 $ 01-50 $ 7,5:400 12 4"DOUBLE SOLID LINE,YELLOW EPDXY LF 215 $ /!® $ a iC7/3o 13 PAVEMENT MESSAGE, LEFT TURN ARROW- EA 2 $ 19640 $ O' 1 14 SEEDING,MIX 270 SY 30 $ ii c© $ 303"0 I I 000055-09157-0 00410 3 BID FORM 0 2009 Bonestroo I 1 INo. Item Units Qty Unit Price Total Price 1 15 HYDROMULCH SY 30 $ _ Oa $ f cry,oa I TOTAL PART 1-NORELL AVENUE $ / Q NORTH(MILL AND OVERLAY) I PART 2-60TH STREET COURT NORTH (MILL AND OVERLAY): j/ 16 MOBILIZATION LS 1 $ l 000 oO $ /av/ao 1 17 TRAFFIC CONTROL LS - 1 $- 5'0°100 $ 5O(3 o©. 1 18 SAWING BITUMINOUS PAVEMENT LF 80 $ Ii 00 $ //Q,00 19 REMOVE BITUMINOUS DRIVEWAY SY 50 $ I of®o $ .QQ,Do 1 20 MILL BITUMINOUS PAVEMENT(1 1/2" SY 925 $ Zoo $ ! b 5®!OG DEEP) I 21 ADJUST CATCH BASIN CASTING, EA 1 $ 56460 $ p 5 - oto INCLUDING NEW HDPE ADJUSTING RINGS 2 22 REMOVE AND REPLACE CONCRETE CURB LF 40 $ 301 Od $ 1. 01 d o AND GUTTER p iJ 23 CRACK REPAIR, 1'WIDE MILL(1.5" LF 300 $ goo $ 9J/40p4O0 DEPTH) ��11 24 BITUMINOUS MATERIAL FOR TACK COAT GAL 50 $_ too $ J(o/oo j 25 TYPE LV 3 WEARING COURSE MIXTURE TN 100 $ 51 ao $ 0 00/d D (B) 26 SEEDING,MIX 270 SY 20 $ /1 O© $ X Q,c2G 27 HYDROMULCH J SY 20 $ / l 6® $ aO/CO I l ( TOTAL PART 2-60TH STREET COURT $ / 3 p V'1 (MILL AND OVERLAY) / I PART 3 OREN AVENUE NORTH(MILL AND OVERAAY W/INTEGRAL BIT. / /��'/ 28 MOBILIZATION LS 1 $ ioa, $ "/'I 06',,z I29 TRAFFIC CONTROL LS 1 $ _OOa 00 $ 5'00 4 o 30 SAWING BITUMINOUS PAVEMENT LF 400 $ Ii 50 $ (fit CO10a I31 REMOVE BITUMINOUS CURB LF 1600 // 5° Y/00#4616) I 000055-09157-0 1 0 2009 Bonestroo 00410-4 BID FORM 1 INo. Item Units Qty Unit Price Total Price I 1 1 1 32 REMOVE CONCRETE SIDEWALK SF 200 $ /�� $ '7 ��� 33 REMOVE BITUMINOUS PAVEMENT SY 250 $ J/�� $ �DSy���Q ' 34 MILL BITUMINOUS PAVEMENT(2"DEEP) SY 2700 $ / $ ��D�O� 35 ADJUST MANHOLE CASTING,INCLUDING EA 4 $ /10010 $ MOO,NEW HDPE ADJUSTING RINGS 36 ADJUST VALVE BOX EA 1 $ d' Di ao $ ��'c'c I37 CRACK REPAIR, 1'WIDE MILL(1.5" LF 250 $ -/t Qv $ L OCC)t 00 DEPTH) - /I/ $ ��'�D I38 BITUMINOUS MATERIAL FOR TACK COAT GAL 150 $ O �l 39 TYPE LV 3 WEARING COURSE MIXTURE TN 400 $ 5T/00 $ 3 ODD )0 I (B),INCL INTEGRAL BITUMINOUS CURB f 40 CONCRETE FLUME SF 125 $ $ ®�o� 41 4"CONCRETE SIDEWALK SF 200 $ /J $ J��`�a 42 CLASS III RANDOM RIPRAP CY 10 $ 1�� % $ '"'r� 43 SILT FENCE, MACHINE SLICED LF 100 $ /oQ $ ������ 44 SEEDING, MIX 270 SY 700 $ ` /�� $ 7�a/ 45 HYDROMULCH SY 700 $ O1 $ 35Z TOTAL PART 3-OREN AVENUE $ D JC/O NORTH(MILL AND OVERLAY 1 W/INTEGRAL BIT.CURB) PART 4-58TH STREET NORTH(MILL �a��GY' AND OVERLAY): j�,� 46 MOBILIZATION LS 1 $ 7 l $ 47 TRAFFIC CONTROL LS 1 $ , $ ®�`�Q 48 SAWING BITUMINOUS PAVEMENT LF 150 $ �/ $ JO,00 49 MILL BITUMINOUS PAVEMENT(1 1/2" SY 3400$ 1/76 $ / � �DU DEEP) .®O 50 ADJUST MANHOLE CASTING,INCLUDING EA 6 $ Hc0, $ ������� NEW HDPE ADJUSTING RINGS I 000055.09157-0 �0.5 BID FORM ®2009 Bonestroo I No. Item Units Qty Unit Price Total Price t51 ADJUST VALVE BOX EA 1 $ �d,DO $ 52 REMOVE AND REPLACE CONCRETE CURB LF AND GUTTER 90 $ Jai� $ g700/60 53 CRACK REPAIR, 1'WIDE MILL(1.5" LF 300 $ 1/j eiV $ 100,00 DEPTH) 54 BITUMINOUS MATERIAL FOR TACK COAT GAL 200 $ /1. Q $ Soo,Oc 55 TYPE LV 3 WEARING COURSE MIXTURE TN 340 $ 5'Q Q $ f U /Oc,®O (B) 56 SEEDING,MIX 270 SY 60 $ //OO $ Z O I°C° 57 HYDROMULCH SY 60 $ ✓/ea $ QJ d a r TOTAL PART 4-58TH STREET NORTH $ t VkL T C�! ' """ (MILL AND OVERLAY) 3 t' 1-0/ PART 5-OSMAN AVENUE NORTH (RECLAIM): liCe), /�tt r 58 MOBILIZATION LS 1 $ OC) $ I l,C©,oa 59 TRAFFIC CONTROL LS 1 $ . b%e© $ 5-00r69x' 60 SAWING BITUMINOUS PAVEMENT LF 40 $ / 0 ©a $ 1/0/60 a 61 REMOVE CONCRETE SIDEWALK SF 170 $ )/ $ C Co�"I 1 62 REMOVE BITUMINOUS DRIVEWAY SY 50 $ l! $ a564,00 63 RECLAIM BITUMINOUS PAVEMENT SY 800$ / 0 $ r 64 SUBGRADE PREPARATION-STREET SY 800 $ Off/®o $ /606,00 65 REMOVAL OF EXCESS RECLAIM MATERIAL CY 50$ 3;4°0 a0 $ , 56 00 66 ADJUST MANHOLE CASTING,INCLUDING EA 1 $ /��<O4 $ "/ ,�d� NEW HDPE ADJUSTING RINGS ��� �(1 G 67 TYPE LV 3 NON WEARING COURSE TN 75 $ CJ` $ "1 J� MDCTURE(B) 68 TYPE LV 3 WEARING COURSE MIXTURE TN 75 $ J, $ '41 d.5 c o (B) If 1 69 BITUMINOUS MATERIAL FOR TACK COAT GAL 40 $ 92' $ l"4 O® eia )' Q D/oc 70 B618 CONCRETE CURB AND GUTTER LF 440 $ �> $ l fJ r 000055-09157-0 1 0 2009 Bonestroo 00410-6 BID FORM INo. Item Units Qty Unit Price Total Price I 1 71 4"CONCRETE SIDEWALK SF 170 $ 7 06) $ / / 701 ao 72 SAW AND SEAL LF 160 $ lb 5-C2 $ -MI/CIO I73 SEEDING,MIX 270 SY 250 $ l 100 $ ,ao 74 HYDROMULCH SY 250 $ °/5.0 $ 0•5.40 1 36/0.00 75 STORM DRAIN INLET PROTECTION PER EA 2 $ /✓1) 00 $ I STANDARD DETAIL ERO-4C � 5��/�) TOTAL PART 5-OSMAN AVENUE $ ((��vv NORTH(RECLAIM) IPART 6-BREKKE PARK PARKING LOT (RECLAIM): 1 76 MOBILIZATION LS 1 $ 13 CO3 $ /Sad da 77 TRAFFIC CONTROL LS 1 $ 5d0t OG $ 5.--M-de 78 SAWING BITUMINOUS PAVEMENT LF 35 $ Loci $ 3560 1 79 REMOVE AND REPLACE CONCRETE CURB LF 45 $ 30,ao $ 135-640 AND GUTTER ?C� 80 RECLAIM BITUMINOUS PAVEMENT SY 2600 $ II ® $ ✓ /QQ,CO I 81 SUBGRADE PREPARATION-STREET SY 2600 $ /1 5--b $ 3300/0° 0070° 82 TYPE LV 3 WEARING COURSE MIXTURE TN 340$ 5o!6/0 $ 1704c,®Q (B) d 83 BITUMINOUS MATERIAL FOR TACK COAT GAL 130 $ v t v I $ /136 84 36"CONCRETE VALLEY GUTTER LF 50 $ 3560 $ 1750100 85 SAW AND SEAL LF 800 $ d i ,/..5 $ )8Oo l 0D 86 4"SOLID LINE,WHITE PAINT LF 325 $ II $ 3),9;00 1 87 PAVEMENT MESSAGE,HANDICAPPED EA 2 $ 75,0 $ 15(J'00 SYMBOL-PAINT / o® ��r I • 88 SEEDING,MIX 270 SY 30 $ o $ ,g 89 HYDROMULCH SY 30 $ 5;CIO $ 151)4©O I I 000055-09157-0 00410-7 BID FORM ®2009 Bonestroo I No. Item Units Qty Unit Price Total Price I 90 STORM DRAIN INLET PROTECTION PER EA 1 $ STANDARD DETAIL ERO-4C �j TOTAL PART 6-BREKKE PARK $3 2 `� /3O PARKING LOT(RECLAIM) BASE BID: TOTAL PART 1-NORELL AVENUE NORTH $ (MILL AND OVERLAY) �q�� Q� ti TOTAL PART 2-60TH STREET COURTH $ �jj V (MILL AND OVERLAY) 1OOC TOTAL PART 3-OREN AVENUE NORTH $ (MILL AND OVERLAY W/INTEGRAL BIT. CURB) �) TOTAL PART 4-58TH STREET NORTH _ $ 3 (MILL AND OVERLAY) TOTAL PART 5-QSMAN AVENUE NORTH $ V (RECLAIM) TOTAL PART 6-BREKKE PARK PARKING $ LOT(RECLAIM) ���y D��J TOTAL BASE BID $ ALTERNATE NO. 1.-NORELL AVENUE NORTH(MILL AND OVERLAY): /) ®i��r 91 MOBILIZATION LS 1 $ nt o $ d' 92 TRAFFIC CONTROL LS 1 $ �+ 50� � $ �S�Dr�G 93 SAWING BITUMINOUS PAVEMENT LF 225 $ J1co $ � 94 MILL BITUMINOUS PAVEMENT(2"DEEP) SY 6500$ /i�� $ 5-ado 95 ADJUST MANHOLE CASTING,INCLUDING EA 3 $ ����/da $ J��o�Vf� NEW HDPE ADJUSTING RINGS $ ©t 96 ADJUST VALVE BOX EA 2 $ ��`o� 97 REMOVE AND REPLACE CONCRETE CURB LF 60 $ 3O'Q® $ / �D��®� AND GUTTER I/ 98 CRACK REPAIR, 1'WIDE MILL(1.5" LF 600 $ ©� $ 84d�a© DEPTH) , % Q 99 BITUMINOUS MATERIAL FOR TACK COAT GAL 325 $ /I $ Al g7/5.°TYPE MV 3 WEARING COURSE MIXTURE TN 850 $ 5g/®v $ 1-)���or"- (E) 101 4"SOLID LINE,WHITE EPDXY LF 350 $ $ I 000055 09157-0 00410-8 BID FORM ®20D9 BoneBroo II I 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for final Payment in accordance with Paragraph 14.07.8 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Itimes specified above,which shall be stated in the Agreement 7.01 The following documents are attached to and made a condition of this Bid: ' A. Required Bid Security in the form of 5 percent. I 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders,the General Conditions,and the Supplementary Conditions. ISUBMITTED on /`7 A Y 0-,C, ,20C.5 IIf Bidder Is: An Individual Name(typed or printed): I By: (SEAL) (Individual's signature) IDoing business as: Business Street Address(No P.O. Box#'s): I I . Phone No.: Fax No.: I I I I I 000055-09157-0 1 ®2009 Bonestroo 00410-10 BID FORM I Il A Joint Venture IJoint Venture Name: (SEAL) I By: (Signature of joint venture partner) IName(typed or printed): Title: Business address: _ I IPhone No.: Fax No.: IJoint Venturer Name: (SEAL) By: I (Signature) IName(typed or printed): Title: IBusiness Street Address(No P.O.Box#'s): I IPhone No.: Fax No.: IPhone and Fax Number,and Address for receipt of official communications: I (Each joint venturer must sign. The manner of signing for each individual,partnership,and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT I 000055-09157.0 I0 1009 Bonemoo 00410-12 BID FORM 1 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) ) ss. On this 20th day of May 2009 I County of HENNEPIN ) before me appeared Mike Leuer to me personally known, who, being by me duly sworn, did say that he is the President ' of TOWER ASPHALT, INC. a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, I (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Mike Leuer. Iacknowledged said instrument to be the free act and deed of said corporation. illehtY1 Nc' NICOLE NELSON Notary Public County, r . NOTARY PUBLIC-MINNESOTA My commission expires My Commission Expires Jan.31,2010 vrIAAAAW1AAAAAAWAAAAAAAAAwmANAN a I IACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) I ) ss. On this 20th day of May 2009 County of HENNEPIN ) before me appeared Linda K. French Ito me personally known, who, being by me duly sworn, did say that he is the Attorney-in-Fact of FEDERAL INSURANCE COMPANY ' corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and Ithat said Linda K. French acknowledged said instrument to be the free act and deed of said corporation. ■ IteiMi‘I Notary Public County, ' `x ` a NICOLE NELSON My commission expires ' ' •'g'NOTARY PUBLIC.MINNESOTA I .. ; Y ;g:2 My Commission Expires Jan.31,2010 M I 1 ECKBERG ti LAMMERS �i ATTORNEYS AT LAW Writer's Direct Dial: Stillwater Office: (651)351-2118 1809 Northwestern Avenue Stillwater, Minnesota 55082 Writer's E-mail: (651)439-2878 mvierling @eckberglammers.com Fax(651)439-2923 June 9, 2009 Hudson Office: 2417 Monetary Boulevard Hudson, Wisconsin 54016 Eric Johnson (715) 386-3733 City Administrator Fax (651)439-2923 City of Oak Park Heights www.eckberglammers.com 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 Re: City of Oak Park Heights—2009 Mill and Overlay Project/Contract Documents Our File No.: 01501-00545 Dear Mr. Johnson: I have reviewed and am returning to your offices, the four(4) sets of original contract documents as it affects this project. Additionally, I have reviewed the payment and performance bond and insurance certificates. I approved the payment performance bonds per statute,and as to the liability of insurance certificates. I believe the current certificates are compliant; however, I do note that effective July 1, 2009, the insurance requirements in the State of Minnesota will change, requiring minimal insurance for municipalities at the liability limits of$1.5 million. Current levels are at$1.2 million,which is satisfied by the umbrella coverage provided within the contractor's policy limits. I also note that that effective July 1, insurance requirements will also include approximately$3 million of liability coverage when a claim arises out of releases or threatened releases of hazardous substances. We currently have not yet seen insurance certificates providing coverage for hazardous substances, except by special rider or inclusion. The particular policy in issue does not do that, but since the obligation begins July 1, and I understand this contract is to commence immediately. The City can certainly allow the insurance certificates to satisfy the current requirement,even though that requirement will change effective July 1. Finally I note that the insurance certificates identify an expiration date of 10/01/09.If you anticipate that the work may not be completed by that date, you will need to calendar ahead a reminder to require replacement certificates before that date. ECKBERG, LAMMERS, BRIGGS, WOLFF &t VIERLING, PLLP Family Law/ Divorce • Business and Commercial Law • Criminal Law • Personal Injury/Wrongful Death Estate Planning/Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation Eric Johnson June 9, 2009 Page 2 If you have any questions in the matter, please feel free t• contact me di -• y. Yours e r y, Mark . Vier mg MJV/ndf Enclosures Chubb F /ER Federal •Insurance Compi Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 I CHUBB Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Mary L. Charles, R. Scott IEgginton, R.W. Frank, Linda K. French, Joshua R. Loftis, John P. Martinsen, Donald R. Olson, John E. Tauer and Bruce N. Telander of Minneapolis, Minnesota -------------------- -------__�___—__M__� _��-- -----____w��------------- --------�Y Ieach as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 8th day of March,2005 � 4L / Kenneth C.Wendel,Assistant Secretary f Joh r7`h,Vice Presi Air L.----- ��/..)-- � STATE OF NEW JERSEY ' ss. ICounty of Somerset On this 8th day of March,2005 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL IINSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with John P.Smith,and knows him to be Vice President of said Companies;and that the signature of John P.Smith,subscribed to said Power of Attorney is in the genuine handwriting of John P.Smith,and was thereto subscribed by authority of said By-Laws and in Ideponent's presence. Notarial Seal NOTAAyle> STEPFIEN B.I$(:/1Qr ie '1 I Y Public,Slot*of Now ler+�r — t%\...,:p pU13L\G� No.2321097 � it _�_�_J�� Corrxnsasion 6cpine Orl.25,• 9 Notary Public r�y CERTIFICATION IExtract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations.The I signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. liven under my hand and seals of said Companies at Warren,NJ this May 20, 2009 4,soe-Ne. yoiiminr `�,SwuHC4, oo awe II —,. O rj 3 1a o� MI r•%IMP`Y bscoNS,/ �HEw,ropf / G'v d. t Kenneth .Wendel,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: surety @chubb.com la rm 15-10-0225B-U (Ed. 5-03) CONSENT I DOCUMENT 00520 IAGREEMENT FORM I THIS AGREEMENT is by and between the City of Oak Park Heights, Minnesota (hereinafter called Owner) and Tower Asphalt,Inc. (hereinafter called Contractor). Owner and Contractor,in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: street mill and overlay, and street reclamation. IARTICLE 2-THE PROJECT I 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2009 Mill and Overlay for the City of Oak Park Heights,Minnesota. IARTICLE 3-ENGINEER 3.01 The Project has been designed by Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113 (Engineer), I who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. IARTICLE 4- CONTRACT TIMES I4.01 Time of the Essence A. All time limits for Milestones,if any, Substantial Completion, and completion and readiness for IFinal Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Milestones, Substantial Completion, and Final Payment IA. All of the Work shall be substantially completed on or before July 17, 2009. Substantial Completion shall include concrete curb and gutter,bituminous base and wear course,and restoration. IB. The bituminous overlay shall be completed within 14 days of milling each given street. C. The concrete curb and gutter, bituminous base course, and wear course shall be completed Iwithin 14 days of reclamation of each given street or parking lot. D. All of the Work of the Project shall be completed and ready for Final Payment in accordance Iwith Paragraph 14.07 of the General Conditions on or before July 31,2009. I 000055-09157-0 00520-1 © 2009 Bonestroo AGREEMENT FORM 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B5 of the General Conditions and less 100 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment ' A. Upon Final Completion and acceptance of the Work,in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7-INTEREST ' 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ' ARTICLE 8- CONTRACTOR'S REPRESENTATIONS ' 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost,progress,and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface ' conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site(except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and ' drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. ' E. Contractor has obtained and carefully studied(or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work, or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, ' studies,or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 000055-09157-0 00520-3 © 2009 Bonestroo AGREEMENT FORM I I G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations I obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations,investigations,explorations,tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. IJ. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. IARTICLE 9- CONTRACT DOCUMENTS I9.01 Contents A. The Contract Documents consist of the following: I1. This Agreement. I2. Performance Bond,Payment Bond, and other Bonds. 3. General Conditions. 1 4. Supplementary Conditions. I5. Specifications. 6. Drawings bearing the following general title: 2009 Mill and Overlay. 1 7. Addendum(Number One,inclusive). 8. Exhibits to this Agreement(enumerated as follows): I a. Contractor's Bid Form. Ib. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the IAgreement and are not attached hereto: a. Notice to Proceed. Ib. Work Change Directives. Ic. Change Order(s). 000055-09157-0 00520-4 I © 2009 Bonestroo AGREEMENT FORM I B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly Y noted otherwise above). IC. There are no Contract Documents other than those listed above in this Article 9. I D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. IARTICLE 10-MISCELLANEOUS 10.01 Terms IA. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. I10.02 Assignment of Contract I A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such I consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. I10.03 Successors and Assigns I A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. I10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken I provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. I I I I 000055-09157-0 00520-5 I © 2009 Bonestroo AGREEMENT FORM r ACORD, CERTIFICATE OF LIABILITY INSURANCE OPID RJ LAKEENT DATE(MMIDD/YYYY) PRODUCER 06/04/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOI\ RJF Agencies, Inc. Eau Claire ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RJF Golf , I . Eau Claire HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 441 Claire Terrace,701 Phone: 715-833-7000 Fax:715-552-3658 INSURERS AFFORDING COVERAGE INSURED NAIC# INSURER A: Arch Insurance Company INSURER B: Ins Company of State of PA Tower Asphalt Inc INSURER C: 15001 Hudson Rd, PO Box 15001 Lakeland MN 55043 INSURER D: COVERAGES INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSH UU'L LTR NSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE(MM/DDM/) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ZAGLB9075600 10/01/08 10/01/09 PREMISES(Ea occurence) $ 100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 10,000 X Contractual Liab PERSONAL&ADV INJURY $ 1,000,000 X EE Benefit GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X HERO -LOC PRODUCTS-COMP/OP AGG $2,000,000 AUTOMOBILE LIABILITY Emp Ben. 1,000,000 COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO ZACAT9067000 10/01/08 10/01/09 (Ea accident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) X HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY-EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY ' B X OCCUR EACH OCCURRENCE $ 8,000,000 CLAIMSMADE BE7251641 10/01/08 10/01/09 AGGREGATE _ $ 8,000,000 DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND $ EMPLOYERS'LIABILITY WC S/AI U- O/Fi- A X TORY LIMITS I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE ZAWCI9129600 10/01/08 10/01/09 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? If yes,describe under E.L.DISEASE-EA EMPLOYEE $ 1,000,000 SPECIAL PROVISIONS below OTHER E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: 2009 Mill and Overlay City of Oak Park Heights and Bonestroo, 2335 Hwy 36 West, St Paul MN 55113-3819 included as additional insured as required by contract. Coverage provided is on a primary and non contributory basis. CERTIFICATE HOLDER CANCELLATION COAKPAR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN City Of Oak Park Heights City Hall NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 14168 Oak Park Blvd Oak Park Heights MN 55082-6476 REPRESENTATIVES. AUTHORIZED REPRESENTA E ACORD 25(2001/08) �C ©ACORD CORPORATION 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) DATE(MM/DD/YYYY) OP ID RJ I: 06 04 09 AC CERTIFICATE OF LIABILITY T NSURANCEISSUED AS A MATTER OF INFORMATIO PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 4410 Agencies,Te, ace, Suite Claire ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 4410 Golf Terrace, Suite 202 Eau Claire WI 54701 INSURERS AFFORDING COVERAGE NAIC# INSURED 715-833-7000 Fax:715-552-3658 INSURER A: Arch Insurance Com•an INNSURED INSURER B: Ins Com•an of State of PA Tower Hudsont d, INSURER D: _- Lakeland MNn55043P0 Box 15001 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NT WITH CRES ALLTHEWHII CH THISCE TIFI AND CONDITIONS ISSUED SUCH NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTAND OR ANY REQUIREMENT,TERM OR ONDITION OF ANY CONTRACT OR OTHER DOCUME MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.LI EFFECTIVE P•LI Y EXPIRATI•N_ • POLICY NUMBER DATE MMIDDIYY DATE MMIDDIYY EACH OCCURRENCE $10,000,0 00 TYPE OF INSURANCE a _ • ��,•,]��µ(���� ! a 10,000 GENERAL LIABILITY 10/O 1/0$ 10/01/09 '"�L31'YC7Sa>s', © COMMERCIAL GENERAL LIABILITY ZAGLB9 07 5 6 0 0 ME D EXP(Any one person) $l0 000 .■CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $1,0 00,0 00 II Contractual Liab - • a2,000,000 ©EE Benefit PRODUCTS-COMP/OPAGG $2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: Era. Ben. 1,000,000 ■ POLICY © JECT ■ LOC $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) ZACAT9067000 10/01/08 10/01/09 © ANY AUTO BODILY INJURY ■ ALL OWNED AUTOS (Per person) ■ SCHEDULED AUTOS gODILYINJURY © HIRED AUTOS (Per accident) © NON-OWNED AUTOS PROPERTY DAMAGE ■ (Per accident) IIIIIIIII Mill ■ AUTO ONLY-EA ACCIDENT E GARAGE EA ACC $ OTHER THAN: AUTO ONLY AGG $ ■ ANY LI AUTO ABILITY EXCESS/UMBRELLA EACH OCCURRENCE $ B,000,000 BILITY $ 8,000,000 CIIIIIIIIIIII I NyF pREToRI pATNER OCCUR I LIACLAIMS MADE BE7251641 10/01/08 10/01/09 $ IIIIIIIIIIIIIIII ■ DEDUCTIBLE $ © RETENTION S l O,0 0 0 ©TORY UNITS ■H WORKERS COMPENSATION AND 10/01/08 10/01/09 E.L.EARYUMITDENT $1,000,000 EMPLOYERS'LIABILITY ZAWC I 912 9 6 0 0 E.L.DISEASE-EA EMPLOYE: $1,000,000 OFFICER/MEMBER EXC UD D?ECUTIVE E.L.DISEASE-POLICY LIMIT $1,000,000 If yes,describe under SPECIAL PROVISIONS below OTHER Mil DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: 2009 Mill and Overlay 36 West, St Paul MN City of Oak Park Heights and Bonestroo, 2335 Hwy required West, contract.Paul Coverage 55113-3819 included as additional insured as requir provided is on a primary and non contributory CANCELLATION CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION COAKPAR DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 O DAYS WRITTEN Cityof Oak Park Heights NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City Hall IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 14168 Oak Park Blvd REPRESENTATIVES. Oak Park Heights MN 55082-6476 AUTHORIZED E -t at(.el(- ©ACORD CORPORATION 1 ACORD 25(2001108) I IMPORTANT If on the certificate certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed.A statement does not confer rights to the certificate holder in lieu of such endorsement(s).ol Gies may If on this policy, certain policies SUBROGATION IS WAIVED, subject ent on this certificate does not confer rights to the certificate require an endorsement.A statement in lieu of such endorsement(s). DISCLAIMER producer, and the certificate holder, nor does hereon. Certificate of Insurance on the reverse side of this form does not constitute a contract between The Cert the policies listed issuing insurer(s), authorized representative or p affirmatively or negatively amend, extend or alter the coverage afforded by ACORD 25(2001108) P t PRODUCER ACORA RDACORD CERTIFICATE OF LIABILITY INSURANCE OP ID RJ DATE(MM/DD/YYYy) 06 04 09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO RJF Agencies, Inc. Eau Claire ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4410 Golf Terrace, Suite 202 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Eau f WI Terrace, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Phone: 715-833-7000 Fax:715-552-3658 INSURED INSURERS AFFORDING COVERAGE ROM INSURER A: Arch Insurance Com•an MEMMIIMMOMII Tower Asphalt Inc INSURER B: Ins Com•an of State of PA IIIIIIIIIIITh 15001 Hudson Rd PO Box 15001 Lakeland MN 55043 INSURER D: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH likl POLitiICI.ES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFF GENERAL LIABILITY DATE MM/DDM'E POLI XPIRATI•N DATE MM/DD/YY © COMMERCIAL GENERAL LIABILITY ZAGLB9 0 75 6 0 0 EACH OCCURRENCE 10/01/08 10/01/09 '' •' $1,000,000 II I an CLAIMS MADE ©OCCUR , $ lOO,OOO ©©Contractual Liab MEOEXP(Anyoneperson) $10 000 EE Benefit PERSONALBADVINJURY $ 1,000,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 ■ POLICY©JECT ■ LOC PRODUCTS-COMP/OP AGG $2,000,000 AUTOMOBILE LABILITY MEIMIN ©ANY AUTO 1,000,000 ZACAT9067000 10/01/08 10/01/09 COMBINED SINGLE LIMIT 1111 ALL OWNED AUTOS (Ea accident) $1,000,000 II AUTOS BODILY INJURY © HIRED AUTOS (Per person) 9 NON-OWNED AUTOS I I 11 BODILY INJURY ■ (Per accident) MI Millill PROPERTY DAMAGE IMII GARAGE LIABILITY (Per accident) ■ AUTO ONLY-EA ACCIDENT NEMIIMMOMMINNI NE ANY AUTO OTHER THAN EA ACC EXCESS/UMBRELLA LIABILITY AUTO ONLY: EN AGG OCCUR [1]CLAIMS MADE BE7251641 EACH OCCURRENCE $ 8,000,000 000 10/01/08 10/01/09 $8,000,000 ■ DEDUCTIBLE WORKERS I © RETENTION $10,000 ©■ EMPLOYERS'MABILS YTION AND ANY PROPRIETOR/PARTNER/EXECUTIVE ZAWCI912 9 6 0 0 ©TORY LIMITS ■ OFFICER/MEMBER EXCLUDED? 10/01/08 10/01/09 E.L.EACH ACCIDENT If yes,describe under $1,000,000 SPECIAL PROVISIONS below E.L.DISEASE-EA EMPLOYE: $ ]- SPECI ,000,000 MIMI E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: 2009 Mill and Overlay City of Oak Park Heights and Bonestroo, 2335 Hwy 36 West, St Paul MN 55113-3819 included as additional insured as required by contract. Coverage provided is on a primary and non contributory basis. CERTIFICATE HOLDER CANCELLATION COAKPAR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Oak Park Heights DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 O City Hall NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 14168 Oak Park Blvd Oak Park Heights MN 55082-6476 REPRESENTATIVES. AUTHORIZED REPRESENTTAE ACORD 25(2001/08) _.6 OF ©ACORD CORPORATION 1 f IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). y DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) I IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or I identified by Owner and Contractor or on their behalf. This Agreement will be effective on June 4 the Agreement). 2009 (which is the Effective Date of Owner: I Contractor: Cit of APAIlleirli;Al , ► ..:, eso J 2 Tow s er .. t Inc.I y: IFF 4-I,"' '`'l V/ iiplogee„-‘ By: Affarap-Allra& Mike - , Pres_ dent I Attest 40111174. / Attest Alt IAA if- Address fo : ,: notices: Address for giving n'ices: I 0 8, o7 (1°1 IL /_. oa mow 04 ,,,J5043 ILicense No. (Where applicable) Designated Representative: Designated Representative: I Name: Name: i76* e%0 Title: Title: Address: Address: I Phone: �D c/ _ r`?�- Phone: / T yr Facsimile: Facsimile: 65-'i3 ED AS TO FORM:END 0 DOCUMENT City Atto ,,/""— I 000055-09157-0 ' © 2009 Bonestroo 00520-6 AGREEMENT FORM i I PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. I CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Business): Tower Asphalt, Inc. Federal Insurance Company 15001 Hudson Road 15 Mountain View Road I Lakeland, MN 55043 Warren, NJ 07059 OWNER(Name and Address): City of Oak Park Heights 14168 Oak Park Blvd. N. I Oak Park Heights, MN 55082 CONTRACT I Effective Date of Agreement: June 4, 2009 Amount: $250,151.60 Two Hundred Fifty Thousand One Hundred Fifty One Dollars and 60/100 Description(Name and Location): 2009 Mill and Overlay IBOND Bond Number: 82169780 Date(Not earlier than Effective Date of ' Agreement): June 4, 2009 Amount: $250,151.60 Two Hundred Fifty Thousand One Hundred Fifty One Dollars and 60/100 Modifications to this Bond Form: None Surety and Contractor, intending b g to e legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY ITower Asphalt, Inc. (Seal) Federal Insurance Company Con ctor's Name an• orpo •to S (Seal) i ��� Surety's Name and Corporate Seal I� By: By: I Si gnat —� . / g fr- S _t u e(Attach yr • tto ' Mike Leuer •shua R. Loftis Print Name Print Name I President Title Attorney-in-Fact Title Attest: Cl, r Attest: j I Signature ���/ 1i- �/ Nicole Nelson ignatu I Surety Account Representative Title L. French Title Surety Account Representative INote: Provide execution by additional parties, such as joint venturers, if necessary. IEJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. IPage 1 of 1 Contractor and Surety, jointly and severally, bind themselves successors, and assigns to Owner for the performance of the Contract, which is incoorpora incorporated administrators, n oby I reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: I2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice I to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and I 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and I 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. i3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Sure 's ex e take one of the following actions: tY p nse, 3.1 Arrange for Contractor,with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or I 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as I practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. I4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce Iany remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. I5. After Owner has terminated Contractor's right to complete the Contract, Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Sure Surety to aOwner shall not be greater to act under than those I of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. IPage 2 of 2 1 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; I 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages Icaused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the I Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to subcontracts,purchase orders, and other obligations. Contract or to related 8. Any proceeding, legal or equitable, under this Bond may be instituted in any rt of competent jurisdiction in the location in which the Work or part of the Work is located, and shall beuinstituted within I two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. I 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature ' page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be ' deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. I11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for I damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, I including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. I11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. 1 FOR INFORMATION ONLY—(Name,Address and Tele hone)Cobb Strecker Dunphy Surety Agency or Broker: 150 South Fifth Street, Suite 2800, Minneapolis, MN 55402 612-349-2400 mmermann, Inc. IOwner's Re.resentative En_ineer or other sar : IEJCDC C-610 Performance Prepared by the Engineers Joint Contract Documents Committee. IPage 3 of 3 ' 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use I in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: I2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging I non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and ' tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, ' directly or indirectly, for all sums due. p ym , 4. Surety shall have no obligation to Claimants under this Bond until: ' 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice stating that a claim is being made under this Bond and, with substantial accuracy, the amountt of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or I performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had I indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy,I claim is being made under this Bond and enclosinora notice thereof, to Owner, stating that a furnished to Contractor. enclosing copy of the previous written notice I 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Sure that sufficient compliance. Surety, is 6. Reserved. I7. Surety's total obligation shall not exceed the amount of this Bond, and the amount credited for any payments made in good faith by Surety. of this Bond shall be I8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. y 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated ' to the Contract. Owner shall not be liable for payment Bond, and shall have under this Bond no obligations to make costs or expenses of any Claimant under this otherwise have obligations to Claimants under this Bond. payments to, give notices on behalf of, or 111 (MW001504;11 EJCDC Prepared by the Engineers ( ee s Jo nt Contract Documents Committee. Page 2 of 3 March 2008 ' 10. Surety hereby waives notice of any change, inc subcontracts,purchase orders, and other obligations. including changes of time, to the Contract or to related I11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration f one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, I or (2) on which the last labor or service was performed by anyone or the last materials orequipment furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense I in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the ' signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the ' Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common ' law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor Ishall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier I subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, I or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or I equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. p g 1 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. IFOR INFORMATION ONLY—(Name,Address, and Telephone)Cobb Strecker Dunphy&Zimmermann, Inc. Surety Agency or Broker: 150 South Fifth Street, Suite 2800, Minneapolis, MN 55402 612-349-2400 Owner's Re.resentative En_ineer or other : 1 I {MW001504;1} Prepared by the Engineers Joint Contract Documents Committee. I IPage 3 of 3 March 2008 1 II ACKNOWLEDGMENT OF CORPORATION IIState of MINNESOTA ) ) ss. On this 4th day of II County of HENNEPIN ) before me a �' __21222___________2009 to me personally known, who, being by medduly sworn, didesay that_h is the President e Iof TOWER ASPHALT, INC. a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, ' I (If no seal, so state, and strike out above as to corporate seal)asaid instrument was executed in behalf of said corporation b authority of its Board of Directors; and that said y I acknowledged said instrument to Mike Leuer corporation, be the free act and deed of said r , , 1 . . .„.„:„,„:,i.., . :. NICOLE NELSON Notary Public County, `". A IN0TCMI INNESOTA My commission expires ' f..r : My Commission Expires Jan.31,2010 to AAAAAAAAAAAAAAAAAAAmAAAWAMANV N II II ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) IICounty of HENNEPIN ) ss. On this 4th day of before me a �' June 2009 to me personally known, who, being by med duly Jsworn,Rdidosaysthat II is the Attorne -in-Fact he of FEDERAL INSURANCE COMPANY corporation, that the seal affixed to the foregoing instrument is the I corporate seal of said corporation and that said instrumen in behalf of said corporation b y authority t was executed iat said y of its Board of Directors; and Ito be the free act and sdeed RofLsaidscorporationcknowledged said instrument II i 1 ' ' , l . *1.1;4 NICOLE NELSON Notary Public i; County, `b -, NOTARY PUBLIC-MINNESOTA My commission ex ;-' Aires I ~[.i; .�. My Commission Expires Jan.31,2010 z, it I IChubb POWER Federal Insurance Company Attn: Surety Department Surety ATTORNEY Vigilant Insurance Company 15 Mountain View Road Ie�-rueB Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and a Egginton, R.W. Frank, Linda K. French, Joshua R. Loftis, John P. Martinsen, Donald R. Olson, John E.ITLaueT and B� N.E Telander a New York y appoint Mary n er oflMi e R. Scott der of Minneapolis, Ieach as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested I sthese presents and affixed their corporate seals day of March,2005 on this 8th / IKenneth C.Wendel,Assistant Secretary 1 STATE OF NEW JERSEY Joh '.Smith,Vice Presi County of Somerset ss. t_____ IOn this 8th day of March,2005 known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL IINSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Assistant Secretary of said Companies by like authority;and that he is acquainted with John P. Smith,and knows him to be Vice President of said Companies;and that the signature of John P.Smith,subscribed to said Power of Attorney is in the genuine handwriting of John P.Smith,and was thereto subscribed by authority of said By-Laws and in deponent's presence. I Notarial Seal ��Q�EN 9.6,Q'o NOTARY STEP &err Notary Public,Sic*.aF Now later I \,L t3L1;y No.2321097 t•a5 won Expires Oct. 23 2009 _s! _air— �=—C � Notary Public CERTIFIC I Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT NSUURAN EC OMOPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any I Assistant Vice President,any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal power hall be valid alid and bind ng upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and (the"Companies")do hereby certify that PACIFIC INDEMNITY COMPANY (i) the foregoing extract of the By-Laws of the Companies is true and correct, I (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this June I 4, 2009 4,01RANS4. (45i-omit' . su!uuvc ci. tell .0...„.....„,:t.,\ 4.....()).. ,4voIANt• 47s 140 �to,—4�w \\ Y00... i Kenneth .Wendel,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 I e-mail: suret • chubb.com IForm 15-10-0225B-U (Ed. 5-03) CONSENT STANDARD I GENERAL CONDITIONS OF THE 1 CONSTRUCTION CONTRACT jPrepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By I A E National Society of I Professional Engineers AauurcnaCrstraut or{sviw ru�4t.#'oxia x�iey * '. i eviners in 1 tsaA#1qF##y et OW ,.. IPROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS I AMERICAN COUNCIL OF ENGINEERING COMPANIES I AMERICAN SOCIETY OF CIVIL ENGINEERS IThis document has been approved and endorsed by I :41,1, 1 The Associated General Contractors of America IKnowledge for Creating �r and Sustaining the 6ufiz Environment IConstruction Specifications Institute 1 I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 I ITABLE OF CONTENTS I Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 6 1.01 Defined Terms 6 1.02 Terminology 8 ARTICLE 2-PRELIMINARY MATTERS 9 I 2.01 Delivery of Bonds and Evidence of Insurance 9 2.02 Copies of Documents 9 2.03 Commencement of Contract Times;Notice to Proceed 9 2.04 Starting the Work 9 I 2.05 Before Starting Construction 9 2.06 Preconstruction Conference 9 2.07 Initial Acceptance of Schedules 9 ARTICLE 3 -CONTRACT DOCUMENTS:INTENT,AMENDING,REUSE 10 3.01 Intent 10 3.02 Reference Standards 10 3.03 Reporting and Resolving Discrepancies 10 3.04 Amending and Supplementing Contract Documents 11 3.05 Reuse of Documents 11 3.06 Electronic Data 11 I ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;HAZARDOUS ENVIRONMENTAL CONDITIONS;REFERENCE POINTS 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 12 I4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 13 I4.06 Hazardous Environmental Condition at Site 13 ARTICLE 5 -BONDS AND INSURANCE 14 5.01 Performance,Payment, and Other Bonds 14 5.02 Licensed Sureties and Insurers 15 I 5.03 Certificates of Insurance 15 5.04 Contractor's Liability Insurance 15 5.05 Owner's Liability Insurance 16 I 5.06 Property Insurance 16 5.07 Waiver of Rights 17 5.08 Receipt and Application of Insurance Proceeds 17 5.09 Acceptance of Bonds and Insurance; Option to Replace 17 I5.10 Partial Utilization,Acknowledgment of Property Insurer 18 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 18 6.01 Supervision and Superintendence 18 1 6.02 Labor; Working Hours 18 6.03 Services, Materials, and Equipment 18 6.04 Progress Schedule 18 6.05 Substitutes and "Or-Equals" 19 I 6.06 Concerning Subcontractors, Suppliers, and Others 20 6.07 Patent Fees and Royalties 21 6.08 Permits 21 I 6.09 Laws and Regulations 21 6.10 Taxes 22 6.11 Use of Site and Other Areas 22 6.12 Record Documents 22 I 6.13 Safety and Protection 22 6.14 Safety Representative 23 6.15 Hazard Communication Programs 23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. I 00700-3 6.16 Emergencies 23 I 6.17 Shop Drawings and Samples 23 6.18 Continuing the Work 24 6.19 Contractor's General Warranty and Guarantee 24 6.20 Indemnification 24 6.21 Delegation of Professional Design Services 25 ARTICLE 7-OTHER WORK AT THE SITE 25 7.01 Related Work at Site 25 7.02 Coordination 26 7.03 Legal Relationships 26 ARTICLE 8-OWNER'S RESPONSIBILITIES 26 8.01 Communications to Contractor 26 8.02 Replacement of Engineer 26 8.03 Furnish Data 26 8.04 Pay When Due 26 8.05 Lands and Easements;Reports and Tests 26 8.06 Insurance 26 8.07 Change Orders 26 8.08 Inspections, Tests, and Approvals 26 8.09 Limitations on Owner's Responsibilities 27 8.10 Undisclosed Hazardous Environmental Condition 27 8.11 Evidence of Financial Arrangements 27 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 27 9.01 Owner's Representative 27 9.02 Visits to Site 27 9.03 Project Representative 27 9.04 Authorized Variations in Work 27 9.05 Rejecting Defective Work 27 9.06 Shop Drawings, Change Orders and Payments 28 9.07 Determinations for Unit Price Work 28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 28 9.09 Limitations on Engineer's Authority and Responsibilities 28 ARTICLE 10-CHANGES IN THE WORK;CLAIMS 28 10.01 Authorized Changes in the Work 28 i 10.02 Unauthorized Changes in the Work 29 10.03 Execution of Change Orders 29 10.04 Notification to Surety 29 10.05 Claims 29 III ARTICLE 11 -COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK 30 11.01 Cost of the Work 30 11.02 Allowances 31 11.03 Unit Price Work 31 ARTICLE 12-CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIMES 32 12.01 Change of Contract Price 32 12.02 Change of Contract Times 33 12.03 Delays 33 ARTICLE 13-TESTS AND INSPECTIONS;CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 33 13.01 Notice of Defects 33 A 13.02 Access to Work 33 II 13.03 Tests and Inspections 33 13.04 Uncovering Work 34 13.05 Owner May Stop the Work 34 13.06 Correction or Removal of Defective Work 34 13.07 Correction Period 34 13.08 Acceptance of Defective Work 35 13.09 Owner May Correct Defective Work 35 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 36 14.01 Schedule of Values 36 14.02 Progress Payments 36 14.03 Contractor's Warranty of Title 37 14.04 Substantial Completion 37 EJCDC C-700 Standard General Conditions of the Construction Contract. s Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 14.05 Partial Utilization 38 14.06 Final Inspection 38 14.07 Final Payment 38 14.08 Final Completion Delayed 39 14.09 Waiver of Claims 39 I ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 39 15.01 Owner May Suspend Work 39 15.02 Owner May Terminate for Cause 39 15.03 Owner May Terminate For Convenience 40 1 15.04 Contractor May Stop Work or Terminate 40 ARTICLE 16-DISPUTE RESOLUTION 41 16.01 Methods and Procedures 41 I ARTICLE 17-MISCELLANEOUS 41 17.01 Giving Notice 41 17.02 Computation of Times 41 17.03 Cumulative Remedies 41 I 17.04 Survival of Obligations 41 17.05 Controlling Law 41 17.06 Headings 41 1 I 1 I I I I I I I I I EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 I GENERAL CONDITIONS 9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and ARTICLE 1 -DEFINITIONS AND TERMINOLOGY authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the • 1.01 Defined Terms Agreement. A. Wherever used in the Bidding Requirements 10. Claim--A demand or assertion by Owner or or Contract Documents and printed with initial capital Contractor seeking an adjustment of Contract Price or letters, the terms listed below will have the meanings Contract Times, or both,or other relief with respect to the indicated which are applicable to both the singular and terms of the Contract.A demand for money or services by plural thereof. In addition to terms specifically defined, a third party is not a Claim. terms with initial capital letters in the Contract Documents include references to identified articles and 11. Contract--The entire and integrated written paragraphs,and the titles of other documents or forms. agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, 1. Addenda--Written or graphic instruments representations,or agreements,whether written or oral. issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed 12. Contract Documents-- Those items so Contract Documents. designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract 2. Agreement--The written instrument which is Documents.Approved Shop Drawings,other Contractor's evidence of the agreement between Owner and Contractor submittals, and the reports and drawings of subsurface covering the Work. and physical conditions are not Contract Documents. 3.Application for Payment--The form acceptable 13. Contract Price--The moneys payable by to Engineer which is to be used by Contractor during the Owner to Contractor for completion of the Work in course of the Work in requesting progress or final accordance with the Contract Documents as stated in the payments and which is to be accompanied by such Agreement (subject to the provisions of Paragraph 11.03 supporting documentation as is required by the Contract in the case of Unit Price Work). Documents. 14. Contract Times--The number of days or the 4. Asbestos--Any material that contains more dates stated in the Agreement to: (i)achieve Milestones,if than one percent asbestos and is friable or is releasing any, (ii)achieve Substantial Completion; and (iii) corn- asbestos fibers into the air above current action levels plete the Work so that it is ready for final payment as established by the United States Occupational Safety and evidenced by Engineer's written recommendation of final Health Administration. payment. 5. Bid--The offer or proposal of a Bidder 15. Contractor--The individual or entity with submitted on the prescribed form setting forth the prices whom Owner has entered into the Agreement. for the Work to be performed. 16. Cost of the Work--See Paragraph 11.01.A for 6. Bidder--The individual or entity who submits definition. a Bid directly to Owner. 17. Drawings--That part of the Contract 7. Bidding Documents--The Bidding Documents prepared or approved by Engineer which Requirements and the proposed Contract Documents graphically shows the scope, extent, and character of the (including all Addenda). Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so 8. Bidding Requirements--The Advertisement or defined. Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any 18. Effective Date of the Agreement--The date supplements. indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-6 20. Field Order--A written order issued Schedule--A by 32.Progress Schedule A schedule,prepared and Engineer which requires minor changes in the Work but maintained by Contractor, describing the sequence and 1 which does not involve a change in the Contract Price or duration of the activities comprising the Contractor's plan the Contract Times. to accomplish the Work within the Contract Times. I 21. General Requirements--Sections of Division 33. Project--The total construction of which the 1 of the Specifications. The General Requirements pertain Work to be performed under the Contract Documents may to all sections of the Specifications. be the whole,or a part. I 22. Hazardous Environmental Condition--The 34. Project Manual--The bound documentary Manual— presence at the Site of Asbestos, PCBs, Petroleum, information prepared for bidding and constructing the Hazardous Waste, or Radioactive Material in such Work. A listing of the contents of the Project Manual, I quantities or circumstances that may present a substantial which may be bound in one or more volumes, is danger to persons or property exposed thereto in contained in the table(s)of contents. connection with the Work. 35. Radioactive Material--Source, special nucle- i 23. Hazardous Waste--The term Hazardous ar,or byproduct material as defined by the Atomic Energy Waste shall have the meaning provided in Section 1004 of Act of 1954 (42 USC Section 2011 et seq.) as amended the Solid Waste Disposal Act (42 USC Section 6903) as from time to time. Iamended from time to time. 24.Laws and Regulations;Laws or Regulations- 36.Related Entity--An officer,director,partner, employee,agent,consultant,or subcontractor. -Any and all applicable laws,rules,regulations, ordinanc- I es, codes, and orders of any and all governmental bodies, 37. Resident Project Representative--The autho- agencies,authorities,and courts having jurisdiction. rized representative of Engineer who may be assigned to the Site or any part thereof. I 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or 38. Samples—Physical examples of materials, personal property. equipment, or workmanship that are representative of some portion of the Work and which establish the I 26. Milestone--A principal event specified in the standards by which such portion of the Work will be Contract Documents relating to an intermediate comple- judged. tion date or time prior to Substantial Completion of all the I Work. 39.Schedule of Submittals--A schedule,prepared and maintained by Contractor, of required submittals and 27. Notice of Award--The written notice by the time requirements to support scheduled performance Owner to the Successful Bidder stating that upon timely of related construction activities. 1 compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the 40. Schedule of Values--A schedule, prepared Agreement. and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used I 28.Notice to Proceed--A written notice given by as the basis for reviewing Contractor's Applications for Owner to Contractor fixing the date on which the Con- Payment. tract Times will commence to run and on which I Contractor shall start to perform the Work under the 41. Shop Drawings All drawings, diagrams, Contract Documents. illustrations, schedules, and other data or information which are specifically prepared or assembled by or for 29. Owner--The individual or entity with whom Contractor and submitted by Contractor to illustrate some Contractor has entered into the Agreement and for whom portion of the Work. the Work is to be performed. 42.Site--Lands or areas indicated in the Contract I 30.PCBs--Polychlorinated biphenyls. Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and 31.Petroleum--Petroleum, including crude oil or easements for access thereto, and such other lands any fraction thereof which is liquid at standard conditions furnished by Owner which are designated for the use of II of temperature and pressure (60 degrees Fahrenheit and Contractor. 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, 43. Specifications--That part of the Contract I kerosene, and oil mixed with other non-Hazardous Waste and crude oils. Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 but is evidence that the parties expect that the change administrative requirements and procedural matters bu p P applicable thereto. ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order 44. Subcontractor--An individual or entity following negotiations by the parties as to its effect, if having a direct contract with Contractor or with any other any,on the Contract Price or Contract Times. Subcontractor for the performance of a part of the Work at the Site. 1.02 Terminology I 45. Substantial Completion--The time at which A. The following words or terms are not defined the Work (or a specified part thereof) has progressed to but, when used in the Bidding Requirements or Contract the point where, in the opinion of Engineer,the Work(or Documents,have the following meaning. a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the B.Intent of Certain Terms or Adjectives Work (or a specified part thereof) can be utilized for the purposes for which it is intended.The terms"substantially 1.The Contract Documents include the terms"as complete" and"substantially completed" as applied to all allowed," "as approved," "as ordered", "as directed" or or part of the Work refer to Substantial Completion terms of like effect or import to authorize an exercise of thereof. professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," 46. Successful Bidder--The Bidder submitting a "proper," "satisfactory," or adjectives of like effect or responsive Bid to whom Owner makes an award. import are used to describe an action or determination of I Engineer as to the Work. It is intended that such exercise 47. Supplementary Conditions--That part of the of professional judgment, action or determination will be Contract Documents which amends or supplements these solely to evaluate, in general, the Work for compliance General Conditions. with the requirements of and information in the Contract Documents and conformance with the design concept of 48. Supplier--A manufacturer, fabricator, suppli- the.completed Project as a functioning whole as shown or ii I- er, distributor, materialman, or vendor having a direct indicated in the Contract Documents (unless there is a contract with Contractor or with any Subcontractor to specific statement indicating otherwise). The use of any furnish materials or equipment to be incorporated in the such term or adjective is not intended to and shall not be Work by Contractor or any Subcontractor. effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any 49. Underground Facilities--All underground duty or authority to undertake responsibility contrary to pipelines, conduits,ducts,cables,wires,manholes,vaults, the provisions of Paragraph 9.09 or any other provision of tanks, tunnels, or other such facilities or attachments, and the Contract Documents. any encasements containing such facilities, including those that convey electricity, gases, steam, liquid C.Day petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other 1. The word "day" means a calendar day liquids or chemicals,or traffic or other control systems. of 24 hours measured from midnight to the next midnight. 50. Unit Price Work--Work to be paid for on the D.Defective basis of unit prices. 1. The word "defective," when modifying the 51. Work--The entire construction or the various word "Work," refers to Work that is unsatisfactory, separately identifiable parts thereof required to be faulty,or deficient in that it: , provided under the Contract Documents. Work includes and is the result of performing or providing all labor, a. does not conform to the Contract Documents, services, and documentation necessary to produce such or construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as b. does not meet the requirements of any required by the Contract Documents. applicable inspection,reference standard, test, or approval referred to in the Contract Documents, 52. Work Change Directive--A written statement or to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by c. has been damaged prior to Engineer's - Engineer ordering an addition, deletion, or revision in the recommendation of final payment (unless Work,or responding to differing or unforeseen subsurface responsibility for the protection thereof has been or physical conditions under which the Work is to be assumed by Owner at Substantial Completion in performed or to emergencies. A Work Change Directive accordance with Paragraph 14.04 or 14.05). will not change the Contract Price or the Contract Times EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 c. Contractor failed to give the written notice as promptly review the Underground Facility and determine required by Paragraph 4.03.A. the extent, if any, to which a change is required in the Contract Documents to reflect and document the 3. If Owner and Contractor are unable to agree consequences of the existence or location of the Under- on entitlement to or on the amount or extent, if any, of ground Facility. During such time, Contractor shall be ■ any adjustment in the Contract Price or Contract Times, responsible for the safety and protection of such or both, a Claim may be made therefor as provided in Underground Facility. II Paragraph 10.05.However,Owner and Engineer, and any 2. If Engineer concludes that a change in the III of their Related Entities shall not be liable to Contractor g for any claims, costs, losses, or damages (including but Contract Documents is required, a Work Change not limited to all fees and charges of engineers,architects, Directive or a Change Order will be issued to reflect and attorneys, and other professionals and all court or document such consequences. An equitable adjustment arbitration or other dispute resolution costs) sustained by shall be made in the Contract Price or Contract Times, or Contractor on or in connection with any other project or both, to the extent that they are attributable to the anticipated project. existence or location of any Underground Facility that was not shown or indicated or not shown or indicated 4.04 Underground Facilities with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably A.Shown or Indicated:The information and data have been expected to be aware of or to have anticipated. shown or indicated in the Contract Documents with If Owner and Contractor are unable to agree on respect to existing Underground Facilities at or entitlement to or on the amount or extent, if any, of any contiguous to the Site is based on information and data such adjustment in Contract Price or Contract Times, furnished to Owner or Engineer by the owners of such Owner or Contractor may make a Claim therefor as Underground Facilities, including Owner, or by others. provided in Paragraph 10.05. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible A. Owner shall provide engineering surveys to for the accuracy or completeness of any such information establish reference points for construction which in or data;and Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible 2. the cost of all of the following will be for laying out the Work, shall protect and preserve the included in the Contract Price, and Contractor shall have established reference points and property monuments,and full responsibility for: shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to a. reviewing and checking all such information Engineer whenever any reference point or property and data, monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and b. locating all Underground Facilities shown or shall be of responsible such f oreferen accurate points or property replacement or indicated in the Contract Documents, monuments by professionally qualified personnel. c. coordination of the Work with the owners of such Underground Facilities, including Owner, 4.06 Hazardous Environmental Condition at Site during construction,and A. Reports and Drawings: Reference is made to d. the safety and protection of all such Under- the Supplementary Conditions for the identification of ground Facilities and repairing any damage those reports and drawings relating to a Hazardous thereto resulting from the Work. Environmental Condition identified at the Site,if any,that have been utilized by the Engineer in the preparation of B.Not Shown or Indicated the Contract Documents. 1. If an Underground Facility is uncovered or B. Limited Reliance by Contractor on Technical I revealed at or contiguous to the Site which was not shown Data Authorized: Contractor may rely upon the general or indicated, or not shown or indicated with reasonable accuracy of the"technical data"contained in such reports accuracy in the Contract Documents, Contractor shall, and drawings, but such reports and drawings are not promptly after becoming aware thereof and before further Contract Documents. Such "technical data" is identified disturbing conditions affected thereby or performing any in the Supplementary Conditions.Except for such reliance Work in connection therewith(except in an emergency as on such"technical data,"Contractor may not rely upon or required by Paragraph 6.16.A),identify the owner of such make any claim against Owner or Engineer, or any of Underground Facility and give written notice to that their Related Entities with respect to: owner and to Owner and Engineer. Engineer will EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 1.the completeness of such reports and drawings entitlement to or on the amount or extent, if any, of an for Contractor's purposes, including, but not limited to, adjustment in Contract Price or Contract Times as a result any aspects of the means,methods,techniques, sequences of deleting such portion of the Work, then either party and procedures of construction to be employed by may make a Claim therefor as provided in Paragraph Contractor and safety precautions and programs incident 10.05. Owner may have such deleted portion of the Work thereto;or performed by Owner's own forces or others in accordance with Article 7. 2. other data, interpretations, opinions and information contained in such reports or shown or G. To the fullest extent permitted by Laws and indicated in such drawings;or Regulations, Owner shall indemnify and hold harmless 3. any Contractor interpretation of or conclusion officers Contractor,diSubco actors, and Engineer, and the partners, employees, agents, drawn from any "technical data" or any such other data, consultants, and subcontractors of each and any of them interpretations,opinions or information. from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of C. Contractor shall not be responsible for any engineers, architects, attorneys, and other professionals Hazardous Environmental Condition uncovered or re- and all court or arbitration or other dispute resolution vealed at the Site which was not shown or indicated in costs) arising out of or relating to a Hazardous I Drawings or Specifications or identified in the Contract Environmental Condition, provided that such Hazardous Documents to be within the scope of the Work. Environmental Condition: (i) was not shown or indicated Contractor shall be responsible for a Hazardous in the Drawings or Specifications or identified in the Environmental Condition created with any materials Contract Documents to be included within the scope of brought to the Site by Contractor, Subcontractors, the Work, and (ii) was not created by Contractor or by Suppliers, or anyone else for whom Contractor is anyone for whom Contractor is responsible. Nothing in responsible. this Paragraph 4.06. G shall obligate Owner to indemnify I any individual or entity D. If Contractor encounters a Hazardous quences o of that individual's or entity's own negligence.se Environmental Condition or if Contractor or anyone for II whom Contractor is responsible creates a Hazardous H. To the fullest extent permitted by Laws and Environmental Condition, Contractor shall immediately: Regulations, Contractor shall indemnify and hold (i) secure or otherwise isolate such condition; (ii) stop all harmless Owner and Engineer, and the officers, directors, Work in connection with such condition and in any area partners, employees, agents, consultants, and affected thereby (except in an emergency as required by subcontractors of each and any of them from and against Paragraph 6.16.A); and (iii) notify Owner and Engineer all claims, costs, losses, and damages (including but not (and promptly thereafter confirm such notice in writing). limited to all fees and charges of engineers, architects, Owner shall promptly consult with Engineer concerning attorneys, and other professionals and all court or the necessity for Owner to retain a qualified expert to arbitration or other dispute resolution costs)arising out of evaluate such condition or take corrective action,if any. or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor E. Contractor shall not be required to resume is responsible. Nothing in this Paragraph 4.06.H shall Work in connection with such condition or in any affected obligate Contractor to indemnify any individual or entity area until after Owner has obtained any required permits from and against the consequences of that individual's or related thereto and delivered to Contractor written notice: entity's own negligence. (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or I. The provisions of Paragraphs 4.02, 4.03, and (ii) specifying any special conditions under which such 4.04 do not apply to a Hazardous Environmental Work may be resumed safely. If Owner and Contractor Condition uncovered or revealed at the Site. cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- ARTICLE 5-BONDS AND INSURANCE page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. 5.01 Performance,Payment, and Other Bonds F. If after receipt of such written notice Contractor does not agree to resume such Work based on A. Contractor shall furnish performance and a reasonable belief it is unsafe, or does not agree to payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and resume such Work under such special conditions, then Owner may order the portion of the Work that is in the payment of all of Contractor's obligations under the area affected by such condition to be deleted from the Contract Documents. These bonds shall remain in effect Work. If Owner and Contractor cannot agree as to until one year after the date when final payment becomes due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 E.Furnish,Install, Perform,Provide or,if a Notice to Proceed is given,on the day indicated in the Notice to Proceed. A Notice to Proceed may be given 1. The word"furnish," when used in connection at any time within 30 days after the Effective Date of the with services, materials, or equipment, shall mean to Agreement. In no event will the Contract Times com- mence supply and deliver said services, materials, or equipment nse Bid opening or the thirtieth day sixtieth fter the Effective Date of to the Site(or some other specified location) y the A Bement,whichever date is earlier. or installation and in usable or operable condition. Agreement,2. The word "install," when used in connection 2.04 Starting the Work with services, materials, or equipment, shall mean to put A. Contractor shall start to perform the Work on into use or place in final position said services, materials, or equipment complete and ready for intended use. the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which 3.The words"perform"or"provide,"when used the Contract Times commence to run. in connection with services,materials,or equipment, shall mean to furnish and install said services, materials, or 2.05 Before Starting Construction equipment complete and ready for intended use. A. Preliminary Schedules: Within 10 days after 4. When"furnish," "install,""perform," or"pro- the Effective Date of the Agreement (unless otherwise vide"is not used in connection with services,materials,or specified in the General Requirements), Contractor shall equipment in a context clearly requiring an obligation of submit to Engineer for timely review: Contractor,"provide"is implied. 1. a preliminary Progress Schedule; indicating F.Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known completing the various stages of the Work, including any technical or construction industry or trade meaning are Milestones specified in the Contract Documents; used in the Contract Documents in accordance with such 2.a preliminary Schedule of Submittals;and recognized meaning. 3. a preliminary Schedule of Values for all of the ARTICLE 2-PRELIMINARY MATTERS Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to 2.01 Delivery of Bonds and Evidence of Insurance serve as the basis for progress payments during performance of the Work. Such prices will include an A. When Contractor delivers the executed appropriate amount of overhead and profit applicable to counterparts of the Agreement to Owner, Contractor shall each item of Work. also deliver to Owner such bonds as Contractor may be 2 06 Preconstruction Conference required to furnish. B. Evidence of Insurance: Before any Work at A. Before any Work at the Site is started, a conference attended by Owner, Contractor,Engineer, and the Site is started, Contractor and Owner shall each others as appropriate will be held to establish a working deliver to the other,with copies to each additional insured understanding among the parties as to the Work and to identified in the Supplementary Conditions,certificates of discuss the schedules referred to in Paragraph 2.05.A, insurance (and other evidence of insurance which either procedures for handling Shop Drawings and other of them or any additional insured may reasonably request) submittals, processing Applications for Payment, and which Contractor and Owner respectively are required to maintaining required records. purchase and maintain in accordance with Article 5. 2.02 Copies of Documents 2.07 Initial Acceptance of Schedules A. Owner shall furnish to Contractor up to ten A.At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be Manual. Additional copies will be furnished upon request held to review for acceptability to Engineer as provided at the cost of reproduction. below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete Proceed and resubmit the schedules.No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 1. The Progress Schedule will be acceptable to responsibilities of possibilities of Owner, Contractor, or Engineer, or any Engineer if it provides an orderly progression of the Work their subcontractors, consultants, agents, or employees to completion within the Contract Times. Such acce tance from those set forth in the Contract Documents. No such p provision or instruction shall be effective to assign to will not impose on Engineer responsibility for the Owner, or Engineer, or any of; their Related.Entities, any Progress Schedule, for sequencing, scheduling, or duty or authority to supervise or direct the performance of progress of the Work nor interfere with or relieve the Work or any duty or authority to undertake respon- Contractor from Contractor's full responsibility therefor. sibility inconsistent with the provisions of the Contract 2. Contractor's Schedule of Submittals will be Documents. acceptable to Engineer if it provides a workable 3.03 Reporting and Resolving Discrepancies arrangement for reviewing and processing the required submittals. A.Reporting Discrepancies 3. Contractor's Schedule of Values will be 1.acceptable to Engineer as to form and substance if it Before Starting Contractor's Work:Be orelundertaking each part of the provides a reasonable allocation of the Contract Price to Work, Contractor shall carefully study and compare the component parts of the Work. Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, any conflict, error, ambiguity, AMENDING,REUSE Contractor may discover an shall obta in written which interpretation or clarification from Engineer before 3.01 Intent proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents A. The Contract Documents are complementary; During Performance of Work: If, during the performance what is required by one is as binding as if required by all. of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents B. It is the intent of the Contract Documents to or between the Contract Documents and any provision of describe a functionally complete Project (or part thereof) any Law or Regulation applicable to the performance of to be constructed in accordance with the Contract Docu- the Work or of any standard, specification, manual or ments. Any labor, documentation, services, materials, or code, or of any instruction of any Supplier, Contractor equipment that may reasonably be inferred from the shall promptly report it to Engineer in writing. Contractor Contract Documents or from prevailing custom or trade shall not proceed with the Work affected thereby (except usage as being required to produce the intended result will in an emergency as required by Paragraph 6.16.A) until be provided whether or not specifically called for at no an amendment or supplement to the Contract Documents additional cost to Owner. has been issued by one of the methods indicated in Paragraph 3.04. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as 3. Contractor shall not be liable to Owner or provided in Article 9. Engineer for failure to report any conflict, error, ambigu- ity,Reference Standards ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. A. Standards, Specifications, Codes, Laws, and Regulations B.Resolving Discrepancies 1. Reference to standards, specifications, 1. Except as may be otherwise specifically stated manuals, or codes of any technical society, organization, in the Contract Documents, the provisions of the Contract or association, or to Laws or Regulations, whether such Documents shall take precedence in resolving any reference be specific or by implication, shall mean the conflict, error, ambiguity, or discrepancy between the standard, specification,manual, code, or Laws or Regula- provisions of the Contract Documents and: tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), a. the provisions of any standard, specification, except as may be otherwise specifically stated in the manual, code, or instruction (whether or not Contract Documents. specifically incorporated by reference in the 2. No provision of any such standard, Contract Documents);or specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 1 (unless such an interpretation of the provisions sole risk. If there is a discrepancy between the electronic of the Contract Documents would result in viola- tion of such Law or Regulation). B. Because data stored in electronic media 3.04 Amending and Supplementing Contract format can deteriorate or be modified inadvertently or Documents otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform A. The Contract Documents may be amended to acceptance tests or procedures within 60 days,after which provide for additions,deletions,and revisions in the Work the receiving party shall be deemed to have accepted the or to modify the terms and conditions thereof by either a data thus acceptance period will be to corrected within by the Change Order or a Work Change Directive. transferring party.. B. The requirements of the Contract Documents C When transferring documents in electronic may be supplemented, and minor variations and g party makes no deviations in the Work may be authorized,by one or more media format, the transferrin of the following ways: representations as to long term compatibility,usability, or readability of documents resulting from the use of 1.A Field Order; software application packages, operating systems, or computer hardware differing from those used by the 2. Engineer's approval of a Shop Drawing or data's creator. Sample; (Subject to the provisions of Paragraph 6.17.D.3);or ARTICLE 4 - AVAILABILITY OF LANDS; 3. Engineer's written interpretation or SUBSURFACE AOUS ENVIRONMENTAL CONDITIONS; clarification. REFERENCE POINTS 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier 4.01 Availability of Lands or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with A. Owner shall furnish the Site. Owner shall Contractor,shall not: notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the 1. have or acquire any title to or ownership Site with which Contractor must comply in performing rights in any of the Drawings, Specifications, or the Work. Owner will obtain in a timely mariner and pay other documents(or copies of any thereof)prepared by or for easements for permanent structures or permanent bearing the seal of Engineer or Engineer's consultants, changes in existing facilities.If Contractor and Owner are including electronic media editions;or unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or 2. reuse any of such Drawings, Specifications, Contract Times, or both, as a result of any delay in other documents, or copies thereof on extensions Owner's furnishing the Site or a part thereof, Contractor of the Project or any other project without written consent may make a Claim therefor as provided in Paragraph of Owner and Engineer and specific written verification 10.05. or adaption by Engineer. B.Upon reasonable writteno request, Owner shall B. The prohibition of this Paragraph 3.05 will furnish Contractor with a current statement of record legal survive final payment, or termination of the Contract. title and legal description of the lands upon which the Nothing herein shall preclude Contractor from retaining Work is to be performed and Owner's interest therein as copies of the Contract Documents for record purposes. construction lien against such lands filing in accordance c'with 3.06 Electronic Data applicable Laws and Regulations. A. Copies of data furnished by Owner or C. Contractor shall provide for all additional Engineer to Contractor or Contractor to Owner or lands and access thereto that may be required for Engineer that may be relied upon are limited to the temporary construction facilities or storage of materials printed copies (also known as hard copies). Files in and equipment. electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 4.02 Subsurface and Physical Conditions 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally A. Reports and Drawings: The Supplementary recognized as inherent in work of the character provided Conditions identify: for in the Contract Documents; 1. those reports of explorations and tests of then Contractor shall, promptly after becoming aware subsurface conditions at or contiguous to the Site that thereof and before further disturbing the subsurface or Engineer has used in preparing the Contract Documents; physical conditions or performing any Work in connec- and tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing 2. those drawings of physical conditions in or about such condition. Contractor shall not further disturb relating to existing surface or subsurface structures at or such condition or perform any Work in connection contiguous to the Site (except Underground Facilities) therewith (except as aforesaid) until receipt of written that Engineer has used in preparing the Contract order to do so. Documents. B. Engineer's Review: After receipt of written B. Limited Reliance by Contractor on Technical notice as required by Paragraph 4.03.A, Engineer will Data Authorized: Contractor may rely upon the general promptly review the pertinent condition, determine the accuracy of the"technical data"contained in such reports necessity of Owner's obtaining additional exploration or and drawings, but such reports and drawings are not tests with respect thereto, and advise Owner in writing Contract Documents. Such "technical data" is identified (with a copy to Contractor) of Engineer's findings and in the Supplementary Conditions.Except for such reliance conclusions. on such"technical data,"Contractor may not rely upon or make any claim against Owner or Engineer, or any of C.Possible Price and Times Adjustments their Related Entities with respect to: 1. The Contract Price or the Contract Times, or 1.the completeness of such reports and drawings both, will be equitably adjusted to the extent that the for Contractor's purposes, including, but not limited to, existence of such differing subsurface or physical any aspects of the means, methods, techniques, condition causes an increase or decrease in Contractor's sequences,and procedures of construction to be employed cost of, or time required for, performance of the Work; by Contractor, and safety precautions and programs subject,however,to the following: incident thereto;or a. such condition must meet any one or more of 2. other data, interpretations, opinions, and information contained in such reports or shown or the categories described in Paragraph 4.03.A; indicated in such drawings;or and 3. any Contractor interpretation of or conclusion b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price any drawn from any "technical data" or an such other data will an subject to the provisions of Paragraphs interpretations,opinions,or information. 9.07 07 and 11.03. 4.03 Differing Subsurface or Physical Conditions 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: A.Notice:If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that a. Contractor knew of the existence of such is uncovered or revealed either: conditions at the time Contractor made a final commitment to Owner with respect to Contract 1. is of such a nature as to establish that any Price and Contract Times by the submission of a "technical data"on which Contractor is entitled to rely as Bid or becoming bound under a negotiated I/ provided in Paragraph 4.02 is materially inaccurate;or contract;or 2.is of such a nature as to require a change in the Contract Documents;or b. the existence of such condition could reasonably have been discovered or revealed as a 3. differs materially from that shown or indicated result of any examination, investigation, explo- ration, test, or study of the Site and contiguous in the Contract Documents; or areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment;or I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright CO 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 in Paragraph 13.07,whichever is later,except as provided from claims set forth below which may arise out of or otherwise by Laws or Regulations or by the Contract result from Contractor's performance of the Work and Documents. Contractor shall also furnish such other Contractor's other obligations under the Contract bonds as are required by the Contract Documents. Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or B. All bonds shall be in the form prescribed by indirectly employed by any of them to perform any of the the Contract Documents except as provided otherwise by Work, or by anyone for whose acts any of them may be Laws or Regulations, and shall be executed by such liable: sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties 1. claims under workers' compensation, on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the acts; Financial Management Service,Surety Bond Branch,U.S. Department of the Treasury.All bonds signed by an agent 2. claims for damages because of bodily injury, must be accompanied by a certified copy of the agent's occupational sickness or disease, or death of Contractor's authority to act. employees; C. If the surety on any bond furnished by 3. claims for damages because of bodily injury, Contractor is declared bankrupt or becomes insolvent or sickness or disease, or death of any person other than its right to do business is terminated in any state where Contractor's employees; any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall 4. claims for damages insured by reasonably promptly notify Owner and Engineer and shall, within 20 available personal injury liability coverage which are sus- days after the event giving rise to such notification, tained: provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and a.by any person as a result of an offense directly 5.02. or indirectly related to the employment of such person by Contractor,or 5.02 Licensed Sureties and Insurers b.by any other person for any other reason; A. All bonds and insurance required by the Contract Documents to be purchased and maintained by 5. claims for damages, other than to the Work Owner or Contractor shall be obtained from surety or itself, because of injury to or destruction of tangible insurance companies that are duly licensed or authorized property wherever located, including loss of use resulting in the jurisdiction in which the Project is located to issue therefrom;and bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall 6.claims for damages because of bodily injury or also meet such additional requirements and qualifications death of any person or property damage arising out of the as may be provided in the Supplementary Conditions. ownership,maintenance or use of any motor vehicle. 5.03 Certificates of Insurance B. The policies of insurance required by this Paragraph 5.04 shall: A.Contractor shall deliver to Owner,with copies to each additional insured identified in the Supplementary 1. with respect to insurance required by Conditions, certificates of insurance (and other evidence Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include of insurance requested by Owner or any other additional as additional insured (subject to any customary exclusion insured) which Contractor is required to purchase and regarding professional liability)Owner and Engineer, and maintain. any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional Owner shall deliver to Contractor,with copies tional insureds, and include coverage for the respective to each additional insured identified in the Supplementary officers, directors, partners, employees, agents, Conditions, certificates of insurance (and other evidence consultants and subcontractors of each and any of all such of insurance requested by Contractor or any other additional insureds, and the insurance afforded to these additional insured) which Owner is required to purchase additional insureds shall provide primary coverage for all and maintain. claims covered thereby; 5.04 Contractor's Liability Insurance 2. include at least the specific coverages and be written for not less than the limits of liability provided in A. Contractor shall purchase and maintain such the Supplementary Conditions or required by Laws or liability and other insurance as is appropriate for the Regulations,whichever is greater; Work being performed and as will provide protection EJCDC C-700 Standard General Conditions of the Construction Contract. 1 Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 3.include completed operations insurance; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall 4. include contractual liability insurance at least include insurance for physical loss or damage to covering Contractor's indemnity obligations under the Work, temporary buildings, false work, and materials Paragraphs 6.11 and 6.20; and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, 5. contain a provision or endorsement that the extended coverage, theft, vandalism and malicious coverage afforded will not be canceled, materially mischief, earthquake, collapse, debris removal, changed or renewal refused until at least 30 days prior demolition occasioned by enforcement of Laws and written notice has been given to Owner and Contractor Regulations, water damage, (other than caused by flood) and to each other additional insured identified in the and such other perils or causes of loss as may be specifi- Supplementary Conditions to whom a certificate of cally required by the Supplementary Conditions; insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to 3. include expenses incurred in the repair or Paragraph 5.03 will so provide); replacement of any insured property (including but not limited to fees and charges of engineers and architects); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be 4. cover materials and equipment stored at the correcting, removing, or replacing defective Work in Site or at another location that was agreed to in writing by accordance with Paragraph 13.07;and Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in 7. with respect to completed operations insur- an Application for Payment recommended by Engineer; ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after 5. allow for partial utilization of the Work by 1 final payment. Owner; a. Contractor shall furnish Owner and each other 6.include testing and startup;and additional insured identified in the Supple- mentary Conditions, to whom a certificate of 7. be maintained in effect until final payment is insurance has been issued, evidence satisfactory made unless otherwise agreed to in writing by Owner, to Owner and any such additional insured of Contractor, and Engineer with 30 days written notice to III continuation of such insurance at final payment each other additional insured to whom a certificate of and one year thereafter. insurance has been issued. 5.05 Owner's Liability Insurance B. Owner shall purchase and maintain such boiler and machinery insurance or additional property A. In addition to the insurance required to be insurance as may be required by the Supplementary provided by Contractor under Paragraph 5.04, Owner, at Conditions or Laws and Regulations which will include Owner's option, may purchase and maintain at Owner's the interests of Owner, Contractor, Subcontractors, and expense Owner's own liability insurance as will protect Engineer, and any other individuals or entities identified Owner against claims which may arise from operations in the Supplementary Conditions, and the officers, under the Contract Documents. directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is 5.06 Property Insurance deemed to have an insurable interest and shall be listed as an insured or additional insured. A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain C. All the policies of insurance (and the certifi- property insurance upon the Work at the Site in the cates or other evidence thereof) required to be purchased amount of the full replacement cost thereof (subject to and maintained in accordance with Paragraph 5.06 will such deductible amounts as may be provided in the contain a provision or endorsement that the coverage Supplementary Conditions or required by Laws and afforded will not be canceled or materially changed or Regulations).This insurance shall: renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other 1. include the interests of Owner, Contractor, additional insured to whom a certificate of insurance has Subcontractors, and Engineer, and any other individuals been issued and will contain waiver provisions in accor- or entities identified in the Supplementary Conditions, dance with Paragraph 5.07. and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, D. Owner shall not be responsible for purchasing each of whom is deemed to have an insurable interest and and maintaining any property insurance specified in this shall be listed as an insured or additional insured; Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 deductible amounts that are identified in the Supple- 1. loss due to business interruption, loss of use, mentary Conditions. The risk of loss within such or other consequential loss extending beyond direct I identified deductible amount will be borne by Contractor, physical loss or damage to Owner's property or the Work Subcontractors, or others suffering any such loss, and if caused by, arising out of, or resulting from fire or other any of them wishes property insurance coverage within perils whether or not insured by Owner;and the limits of such amounts, each may purchase and 2. loss or damage to the completed Project or maintain it at the purchaser's own expense. part thereof caused by, arising out of, or resulting from E. If Contractor requests in writing that other fire or other insured peril or cause of loss covered by any special insurance be included in the property insurance property insurance maintained on the completed Project policies provided under Paragraph 5.06, Owner shall, if or part thereof by Owner during partial utilization possible, include such insurance, and the cost thereof will pursuant to Paragraph 14.05,after Substantial Completion be charged to Contractor by appropriate Change Order. final payment Prior to commencement of the Work at the Site, Owner pursuant to Paragraph 14.04, or after pursuant to Paragraph 14.07. shall in writing advise Contractor whether or not such C. Any insurance policy maintained by Owner other insurance has been procured by Owner. covering any loss, damage or consequential loss referred 5.07 Waiver of Rights to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, A. Owner and Contractor intend that all policies damage, or consequential loss, the insurers will have no purchased in accordance with Paragraph 5.06 will protect rights of recovery against Contractor, Subcontractors, or Owner, Contractor, Subcontractors, and Engineer, and all Engineer, and the officers, directors,partners, employees, other individuals or entities identified in the Supple- agents, consultants and subcontractors of each and any of mentary Conditions to be listed as insureds or additional them. insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of 5.08 Receipt and Application of Insurance Proceeds them) in such policies and will provide primary coverage A. Any insured loss under the policies of for all losses and damages caused by the perils or causes Y of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for any loss or damage the insurers will have no rights of the insureds, as their interests may appear, subject to the recovery against any of the insureds or additional insureds requirements of any applicable mortgage clause and of thereunder.Owner and Contractor waive all rights against Paragraph 5.08.B. Owner shall deposit in a separate each other and their respective officers, directors, account any money so received and shall distribute it in partners, employees, agents, consultants and accordance with such agreement as the parties in interest subcontractors of each and any of them for all losses and may reach. If no other special agreement is reached, the damages caused by,arising out of or resulting from any of damaged Work shall be repaired or replaced,the moneys the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. in addition, waive all such rights against Subcontractors, B. Owner as fiduciary shall have power to adjust and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as and settle any loss with the insurers unless one of the insured or additional insured (and the officers, directors, parties in interest shall object in writing within 15 days partners, employees, agents, consultants and after the occurrence of loss to Owner's exercise e of this II subcontractors of each and any of them) under such power. If such objection be made, policies for losses and damages so caused. None of the shall make settlement with the insurers in accordance with above waivers shall extend to the rights that any party such agreement as the parties in interest may reach. If no making such waiver may have to the proceeds of such agreement among the parties in interest is reached, insurance held by Owner as trustee or otherwise payable Owner as fiduciary shall adjust and settle the loss with the under any policy so issued. insurers and, if required in writing by any party in interest,Owner as fiduciary shall give bond for the proper B. Owner waives all rights against Contractor, performance of such duties. Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and 55.09 Acceptance of Bonds and Insurance; Option to subcontractors of each and any of them for: Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C-700 Standard General Conditions of the Construction Contract. III Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 Documents, the objecting party shall so notify the other received from the superintendent shall be party in writing within 10 days after receipt of the Contractor. binding on certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each 6.02 Labor; Working Hours provide to the other such additional information in respect of insurance provided as the other may reasonably A. Contractor shall provide competent, suitably request. If either party does not purchase or maintain all qualified personnel to survey and lay out the Work and of the bonds and insurance required of such party by the perform construction as required by the Contract Docu- Contract Documents, such party shall notify the other ments. Contractor shall at all times maintain good disci- party in writing of such failure to purchase prior to the pline and order at the Site. start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to B. Except as otherwise required for the safety or any other right or remedy, the other party may elect to protection of persons or the Work or property at the Site obtain equivalent bonds or insurance to protect such other or adjacent thereto, and except as otherwise stated in the party's interests at the expense of the party who was Contract Documents, all Work at the Site shall be required to provide such coverage, and a Change Order performed during regular working hours. Contractor will shall be issued to adjust the Contract Price accordingly. not ermit the P performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written 5.10 Partial Utilization, Acknowledgment of Property consent (which will not be unreasonably withheld) given Insurer after prior written notice to Engineer. A. If Owner finds it necessary to occupy or use a 6.03 Services, Materials, and Equipment portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph A. Unless otherwise specified in the Contract 14.05, no such use or occupancy shall commence before Documents, Contractor shall provide and assume full the insurers providing the property insurance pursuant to responsibility for all services,materials,equipment, labor, Paragraph 5.06 have acknowledged notice thereof and in transportation, construction equipment and machinery, writing effected any changes in coverage necessitated tools, appliances, fuel, power, light, heat, telephone, thereby. The insurers providing the property insurance water,sanitary facilities,temporary facilities,and all other shall consent by endorsement on the policy or policies, facilities and incidentals necessary for the performance, but the property insurance shall not be canceled or testing,start-up,and completion of the Work. permitted to lapse on account of any such partial use or occupancy. B.All materials and equipment incorporated into the Work shall be as specified or,if not specified, shall be of ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES the Contract Documents. All special�warranties and d guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, 6.01 Supervision and Superintendence Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and A. Contractor shall supervise, inspect, and direct quality of materials and equipment. the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as C. All materials and equipment shall be stored, may be necessary to perform the Work in accordance with applied, installed, connected, erected, protected, used, the Contract Documents. Contractor shall be solely cleaned, and conditioned in accordance with instructions responsible for the means, methods, techniques, of the applicable Supplier, except as otherwise may be sequences, and procedures of construction. Contractor provided in the Contract Documents. shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific 6.04 Progress Schedule means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly A. Contractor shall adhere to the Progress required by the Contract Documents. Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided B. At all times during the progress of the Work, below. Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 1. Contractor shall submit to Engineer for 2) it will conform substantially to the acceptance (to the extent indicated in Paragraph 2.07) detailed requirements of the item named in the proposed adjustments in the Progress Schedule that will q not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements 2.applicable thereto. 2. Proposed adjustments in the Progress a. If in Engineer's sole discretion an item of Schedule that will change the Contract Times shall be material or equipment proposed by Contractor submitted in accordance with the requirements of Article does not qualify as an "or-equal" item under 12. Adjustments in Contract Times may only be made by Paragraph 6.O5.A.1, it will be considered a a Change Order. proposed substitute item. 6.05 Substitutes and "Or-Equals" b. Contractor shall submit sufficient information as provided below to allow Engineer to A.Whenever an item of material or equipment is determine that the item of material or equipment specified or described in the Contract Documents by proposed is essentially equivalent to that named using the name of a proprietary item or the name of a and an acceptable substitute therefor. Requests for review of proposed substitute items of particular Supplier, the specification or description is material or equipment will not be accepted by intended to establish the type, function, appearance, and quality required. Unless the specification or description Engineer from anyone other than Contractor. contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as permitted, other items of material or equipment or supplemented in the General Requirements and material or equipment of other Suppliers may be PP submitted to Engineer for review under the circumstances as Engineer may decide is appropriate under the described below. circumstances. 1. "Or-Equal" Items: If in Engineer's sole d. Contractor shall make written application to discretion an item of material or equipment proposed by Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to Contractor is functionally equal to that named and furnish or use.The application: sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an 1 shall certify that the proposed substi- "or-equal"item,in which case review and approval of the ) proposed item may, in Engineer's sole discretion, be tute item will: accomplished without compliance with some or all of the a erform adequately the functions and requirements for approval of proposed substitute items. achieve the results called for by the For the purposes of this Paragraph 6.05.A.1, a proposed general design, item of material or equipment will be considered g functionally equal to an item so named if: b) be similar in substance to that a. in the exercise of reasonable judgment specified,and Engineer determines that: c) be suited to the same use as that 1) it is at least equal in materials of specified; construction, quality, durability, appearance, strength,and design characteristics; 2)will state: a)the extent, if any,to which the use of 2) it will reliably perform at least ) equally well the function and achieve the results the proposed substitute item will preju- dice Contractor's achievement of imposed by the design concept of the completed Substantial Completion on time; Project as a functioning whole, b) whether or not use of the proposed 3)it has a proven record of performance substitute item in the Work will require and availability of responsive service;and a change in any of the Contract Docu- ments (or in the provisions of any other b. Contractor certifies that, if approved and direct contract with Owner for other incorporated into the Work: work on the Project)to adapt the design 1) there will be no increase in cost to to the proposed substitute item;and the Owner or increase in Contract Times,and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 c) whether or not incorporation or use Documents (or in the provisions of any other direct of the proposed substitute item in con- contract with Owner) resulting from the acceptance of nection with the Work is subject to each proposed substitute. payment of any license fee or royalty; F. Contractor's Expense: Contractor shall 3)will identify: provide all data in support of any y proposed substitute or "or-equal"at Contractor's expense. a) all variations of the proposed substitute item from that specified,and 6.06 Concerning Subcontractors, Suppliers, and Others b) available engineering, sales, maintenance, repair, and replacement A. Contractor shall not employ any Subcon- services; tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 4) and shall contain an itemized esti- 6.06.B), whether initially or as a replacement, against mate of all costs or credits that will result whom Owner may have reasonable objection. Contractor directly or indirectly from use of such substitute shall not be required to employ any Subcontractor, item, including costs of redesign and claims of Supplier, or other individual or entity to furnish or other contractors affected by any resulting perform any of the Work against whom Contractor has change, reasonable objection. B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, identity of certain Subcontractors,Conditions Suppliers, orlrother or procedure of construction is expressly required by the individuals or entities to be submitted to Owner in Contract Documents, Contractor may furnish or utilize a advance for acceptance by Owner by a specified date substitute means, method, technique, sequence, or prior to the Effective Date of the Agreement, and if procedure of construction approved by Engineer. Contractor has submitted a list thereof in accordance with Contractor shall submit sufficient information to allow the Supplementary Conditions, Owner's acceptance Engineer, in Engineer's sole discretion, to determine that (either in writing or by failing to make written objection the substitute proposed is equivalent to that expressly thereto by the date indicated for acceptance or objection called for by the Contract Documents. The requirements in the Bidding Documents or the Contract Documents) of for review by Engineer will be similar to those provided any such Subcontractor, Supplier, or other individual or in Paragraph 6.05.A.2. entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall C. Engineer's Evaluation: Engineer will be submit an acceptable replacement for the rejected allowed a reasonable time within which to evaluate each Subcontractor, Supplier, or other individual or entity, and proposal or submittal made pursuant to Paragraphs 6.05.A the Contract Price will be adjusted by the difference in the and 6.05.B. Engineer may require Contractor to furnish cost occasioned by such replacement, and an appropriate additional data about the proposed substitute item. Change Order will be issued.No acceptance by Owner of Engineer will be the sole judge of acceptability. No "or any such Subcontractor, Supplier, or other individual or equal" or substitute will be ordered, installed or utilized entity, whether initially or as a replacement, shall consti- until Engineer's review is complete, which will be tute a waiver of any right of Owner or Engineer to reject evidenced by either a Change Order for a substitute or an defective Work. approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative C. Contractor shall be fully responsible to Owner determination. and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or D. Special Guarantee: Owner may require entities performing or furnishing any of the Work just as Contractor to furnish at Contractor's expense a special Contractor is responsible for Contractor's own acts and performance guarantee or other surety with respect to any omissions.Nothing in the Contract Documents: substitute. 1. shall create for the benefit of any such E. Engineer's Cost Reimbursement: Engineer Subcontractor, Supplier, or other individual or entity any will record Engineer's costs in evaluating a substitute contractual relationship between Owner or Engineer and proposed or submitted by Contractor pursuant to any such Subcontractor, Supplier or other individual or Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer entity,nor approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed 2. shall anything in the Contract Documents substitute. Contractor shall also reimburse Owner for the Engineer to pay any or toobligation e to the payment the part a Owner moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplieor other nndi idual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 or entity except as may otherwise be required by Laws B. To the fullest extent permitted by Laws and and Regulations. Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, iD. Contractor shall be solely responsible for partners, employees, agents, consultants and scheduling and coordinating the Work of Subcontractors, subcontractors of each and any of them from and against Il Suppliers, and other individuals or entities performing or all claims, costs, losses, and damages (including but not furnishing any of the Work under a direct or indirect limited to all fees and charges of engineers, architects, contract with Contractor. attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of E. Contractor shall require all Subcontractors, or relating to any infringement of patent rights or Suppliers, and such other individuals or entities per- copyrights incident to the use in the performance of the forming or furnishing any of the Work to communicate Work or resulting from the incorporation in the Work of with Engineer through Contractor. any invention, design, process, product, or device not specified in the Contract Documents. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not 6.08 Permits I control Contractor in dividing the Work among Subcon- A. Unless otherwise provided in the Supple- tractors or Suppliers or delineating the Work to be performed by any specific trade. mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist G. All Work performed for Contractor by a Contractor, when necessary, in obtaining such permits Subcontractor or Supplier will be pursuant to an appro- and licenses. Contractor shall pay all governmental priate agreement between Contractor and the charges and inspection fees necessary for the prosecution Subcontractor or Supplier which specifically binds the of the Work which are applicable at the time of opening Subcontractor or Supplier to the applicable terms and of Bids, or, if there are no Bids, on the Effective Date of conditions of the Contract Documents for the benefit of the Agreement. Owner shall pay all charges of utility Owner and Engineer. Whenever any such agreement is owners for connections for providing permanent service with a Subcontractor or Supplier who is listed as an to the Work. additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor 6.09 Laws and Regulations I and the Subcontractor or Supplier will contain provisions A. Contractor shall give all notices required by whereby the Subcontractor or Supplier waives all rights , against Owner, Contractor, and Engineer„ and all other and shall comply with all Laws and Regulations applica- individuals or entities identified in the Supplementary ble to the performance of the Work. Except where Conditions to be listed as insureds or additional insureds otherwise expressly required by applicable Laws and (and the officers, directors, partners, employees, agents, Regulations, neither Owner nor Engineer shall be consultants and subcontractors of each and any of them) responsible for monitoring Contractor's compliance with for all losses and damages caused by, arising out of, any Laws or Regulations. relating to,or resulting from any of the perils or causes of B. If Contractor performs any Work knowing or loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any having reason to know that it is contrary to Laws or such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain Regulations, Contractor shall bear all claims, costs,losses, and damages (including but not limited to all fees the same. and charges of engineers, architects, attorneys, and other Il professionals and all court or arbitration or other dispute 6.07 Patent Fees and Royalties resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary A. Contractor shall pay all license fees and responsibility to make certain that the Specifications and I royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work Drawings are in accordance with Laws and Regulations,but this shall not relieve Contractor of Contractor's of any invention, design, process, product, or device obligations under Paragraph 3.03. I which is the subject of patent rights or copyrights held by g C.Changes in Laws or Regulations not known at others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use the time of opening of Bids (or, on the Effective Date of in the performance of the Work and if to the actual the Agreement if there were no Bids)having an effect on knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract license fee or royalty to others, the existence of such Times. If Owner and Contractor are unable to agree on rights shall be disclosed by Owner in the Contract entitlement to or on the amount or extent, if any, of any Documents. such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 D.Loading Structures: Contractor shall not load 6.10 Taxes nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall A. Contractor shall pay all sales, consumer, use, Contractor subject any part of the Work or adjacent and other similar taxes required to be paid by Contractor property to stresses or pressures that will endanger it. in accordance with the Laws and Regulations of the place of the Project which are applicable during the 6.12 Record Documents performance of the Work. A. Contractor shall maintain in a safe place at the 6.11 Use of Site and Other Areas Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field 1 A.Limitation on Use of Site and Other Areas Orders, and written interpretations and clarifications in good order and annotated to show changes made during 1. Contractor shall confine construction equip- construction. These record documents together with all ment, the storage of materials and equipment, and the approved Samples and a counterpart of all approved Shop operations of workers to the Site and other areas Drawings will be available to Engineer for reference. permitted by Laws and Regulations, and shall not Upon completion of the Work, these record documents, unreasonably encumber the Site and other areas with Samples, and Shop Drawings will be delivered to Engi- construction equipment or other materials or equipment. neer for Owner. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or 6.13 Safety and Protection occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- 2. Should any claim be made by any such owner tions and programs in connection with the Work. or occupant because of the performance of the Work, Contractor shall take all necessary precautions for the Contractor shall promptly settle with such other party by safety of, and shall provide the necessary protection to negotiation or otherwise resolve the claim by arbitration prevent damage,injury or loss to: or other dispute resolution proceeding or at law. 1. all persons on the Site or who may be affected 3. To the fullest extent permitted by Laws and by the Work; Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, 2. all the Work and materials and equipment to partners, employees, agents, consultants and be incorporated therein, whether in storage on or off the subcontractors of each and any of them from and against Site;and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, 3. other property at the Site or adjacent thereto, attorneys, and other professionals and all court or including trees, shrubs, lawns, walks, pavements, arbitration or other dispute resolution costs)arising out of roadways, structures, utilities, and Underground Facilities or relating to any claim or action, legal or equitable, not designated for removal, relocation, or replacement in brought by any such owner or occupant against Owner, the course of construction. Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance B. Contractor shall comply with all applicable of the Work. Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from B.Removal of Debris During Performance of the damage, injury, or loss; and shall erect and maintain all Work: During the progress of the Work Contractor shall necessary safeguards for such safety and protection. keep the Site and other areas free from accumulations of Contractor shall notify owners of adjacent property and of waste materials, rubbish, and other debris. Removal and Underground Facilities and other utility owners when disposal of such waste materials,rubbish,and other debris prosecution of the Work may affect them, and shall shall conform to applicable Laws and Regulations. cooperate with them in the protection, removal, relocation,and replacement of their property. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work C. All damage, injury, or and make it ready for utilization by Owner. At the com- referred to in Paragraph 6.13 A.2 for s6.13.A.3 pcausea pletion of the Work Contractor shall remove from the Site directly or indirectly, in whole or in part, by Contractor, all tools, appliances, construction equipment and any Subcontractor, Supplier, or any other individual or machinery, and surplus materials and shall restore to entity directly or indirectly employed by any of them to original condition all property not designated for perform any of the Work,or anyone for whose acts any of alteration by the Contract Documents. them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 ings or Specifications or to the acts or omissions of b. Data shown on the Shop Drawings will be with respect to quantities, dimensions, Owner or Engineer or , or anyone employed by any of complete III them, or anyone for whose acts any of them may be specified performance and design criteria, materials, and similar data to show Engineer the liable,and not attributable,directly or indirectly,in whole services, materials, and equipment Contractor or in part, to the fault or negligence of Contractor or any proposes es, materials, to provide and equipment ipmen Engineer or Subcontractor, Supplier, y or other individual or entity review the information for the limited purposes to directly or indirectly employed by any of them). required by Paragraph 6.17.D. D. Contractor's duties and responsibilities for ' safety and for protection of the Work shall continue until 2. Samples: Contractor shall also submit such time as all the Work is completed and Engineer has Samples to Engineer for review and approval in accor- issued a notice to Owner and Contractor in accordance dance with the acceptable schedule of Shop Drawings and with Paragraph 14.07.B that the Work is acceptable Sample submittals. (except as otherwise expressly provided in connection a. Submit number of Samples specified in the with Substantial Completion). Specifications. 6.14 Safety Representative b. Clearly identify each Sample as to material, A. Contractor shall designate a qualified and Supplier,pertinent data such as catalog numbers, experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes and the maintaining and supervising of safety precautions required by Paragraph 6.17.D. and programs. 6.15 Hazard Communication Programs B.Where a Shop Drawing or Sample is required 1: by the Contract Documents or the Schedule of Submittals A. Contractor shall be responsible for coordi- , any related Work performed prior to Engineer's review eating any exchange of material safety data sheets or and approval of the pertinent submittal will be at the sole other hazard communication information required to be expense and responsibility of Contractor. made available to or exchanged between or among C. Submittal Procedures employers at the Site in accordance with Laws or Regulations. 1. Before submitting each Shop Drawing or 6.16 Emergencies Sample,Contractor shall have determined and verified: A. In emergencies affecting the safety or protec- a. all field measurements,quantities,dimensions, tion of persons or the Work or property at the Site or specified performance and design criteria, adjacent thereto, Contractor is obligated to act to prevent installation requirements, materials, catalog g injury, numbers, and similar information with respect threatened dame e, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that thereto; any significant changes in the Work or variations from the b, the suitability of all materials with respect to I Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a intended use, fabrication, shipping, handling, change in the Contract Documents is required because of storage, assembly, and installation pertaining to the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order the performance of the Work;c. all information relative to Contractor's will be issued. responsibilities for means, methods, techniques, 6.17 Shop Drawings and Samples sequences, and procedures of construction, and safety precautions and programs incident thereto; A. Contractor shall submit Shop Drawings and and I Samples to Engineer for review and approval in accor- d. shall also have reviewed and coordinated each dance with the acceptable Schedule of Submittals (as Shop Drawing or Sample with other Shop required by Paragraph 2.07). Each submittal will be P g identified as Engineer may require. Drawings and Samples and with the requirements of the Work and the Contract 1. Shop Drawings Documents. a. Submit number of copies specified in the 2. Each submittal shall bear a stamp or specific I General Requirements. written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 with respect to Contractor's review and approval of that disagreements with Owner. No Work shall be delayed or submittal. os oned y P postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or 3. With each submittal, Contractor shall give as Owner and Contractor may otherwise agree in writing. Engineer specific written notice of any variations,that the Shop Drawing or Sample may have from the requirements 6.19 Contractor's General Warranty and Guarantee of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's A. Contractor warrants and guarantees to Owner or Sample Submittal; and, in addition, by a specific that all Work will be in accordance with the Contract notation made on each Shop Drawing or Sample submit- Documents and will not be defective. Engineer and its ted to Engineer for review and approval of each such Related Entities shall be entitled to rely on representation variation. of Contractor's warranty and guarantee. D.Engineer's Review B. Contractor's warranty and ty anguarantee 1. Engineer will provide timely review of Shop hereunder excludes defects or damage caused by: Drawings and Samples in accordance with the Schedule 1.of Submittals acceptable to Engineer. Engineer's review or operation nabuse, modification, or improper maintenance Sub- P y persons other than Contractor, Sub- and approval will be only to determine if the items contractors, Suppliers,or any other individual or entity for covered by the submittals will, after installation or whom Contractor is responsible;or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with 2.normal wear and tear under normal usage. the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- C. Contractor's obligation to perform and ments. complete the Work in accordance with the Contract Documents shall be absolute. None of the following will 2. Engineer's review and approval will not constitute an acceptance of Work that is not in accordance extend to means, methods, techniques, sequences, or with the Contract Documents or a release of Contractor's procedures of construction (except where a particular obligation to perform the Work in accordance with the means,method,technique,sequence,or procedure of con- Contract Documents: struction is specifically and expressly called for by the Contract Documents)or to safety precautions or programs 1.observations by Engineer; incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in 2. recommendation by Engineer or payment b which the item functions. Owner of any progress or final payment; y 3. Engineer's review and approval shall not 3. the issuance of a certificate of Substantial relieve Contractor from responsibility for any variation Completion by Engineer or any payment related thereto from the requirements of the Contract Documents unless by Owner; Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written 4. use or occupancy of the Work or any part approval of each such variation by specific written thereof by Owner; notation thereof incorporated in or accompanying the Shop Drawing or Sample.Engineer's review and approval PP 5. any review and approval of a Shop Drawing or shall not relieve Contractor from responsibility for Sample submittal or the issuance of a notice of acceptabil- complying with the requirements of Paragraph 6.17.C.1. ity by Engineer; E.Resubmittal Procedures 6. any inspection,test,or approval by others;or 1. Contractor shall make corrections required by 7.any correction of defective Work by Owner. Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, 6.20 Indemnification new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than A. To the fullest extent permitted by Laws and the corrections called for by Engineer on previous Regulations, Contractor shall indemnify and hold submittals. harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and 6.18 Continuing the Work subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A.Contractor shall carry on the Work and adhere limited to all fees and charges of engineers, architects, to the Progress Schedule during all disputes or attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 arbitration or other dispute resolution costs)arising out of shall appear on all drawings, calculations, specifications, or relating to the performance of the Work,provided that certifications, Shop Drawings and other submittals any such claim, cost, loss, or damage is attributable to prepared by such professional. Shop Drawings and other bodily injury, sickness,disease,or death,or to injury to or submittals related to the Work designed or certified by destruction of tangible property (other than the Work such professional, if prepared by others, shall bear such itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission professional's written approval when submitted to Engineer. of Contractor, any Subcontractor, any Supplier, or any C. Owner and Engineer shall be entitled to rely individual or entity directly or indirectly employed by any ' of them to perform any of the Work or anyone for whose upon the adequacy, accuracy and completeness of the acts any of them may be liable . services, certifications or approvals performed by such design professionals, provided Owner and Engineer have B. In any and all claims against Owner or specified to Contractor all performance and design criteria 1 Engineer or any of their respective consultants, agents, that such services must satisfy. officers,directors,partners, or employees by any employ- ee D. Pursuant(or the survivor or personal representative of such review and approval of design calculations and design I employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly drawings will be only for the limited purpose of checking employed by any of them to perform any of the Work, or for conformance with performance and design criteria anyone for whose acts any of them may be liable, the given and the design concept expressed in the Contract indemnification obligation under Paragraph 6.20.A shall Documents. Engineer's review and approval of Shop not be limited in any way by any limitation on the amount Drawings and other submittals(except design calculations or type of damages, compensation,or benefits payable by and design drawings) will be only for the purpose stated III or for Contractor or any such Subcontractor, Supplier, or in Paragraph 6.17.D.1. other individual or entity under workers' compensation E. Contractor shall not be responsible for the acts, disability benefit acts, or other employee benefit adequacy of the performance or design criteria required acts. by the Contract Documents. C. The indemnification obligations of Contactor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, ARTICLE 7-OTHER WORK AT THE SITE employees, agents, consultants and subcontractors arising out of: 7.01 Related Work at Site 1.the preparation or approval of,or the failure to prepare or approve, maps, Drawings, opinions, reports, A. Owner may perform other work related to the surveys,Change Orders,designs,or Specifications;or Project contracts therefor,Oor have other work performed by 2. giving directions or instructions, or failing to utility owners.If such other work is not noted in the Con- give them, if that is the primary cause of the injury or tract Documents,then: damage. 1. written notice thereof will be given to 6.21 Delegation of Professional Design Services Contactor prior to starting any such other work;and A. Contractor will not be required to provide 2. if Owner and Contractor are unable to agree professional design services unless such services are on entitlement to or on the amount or extent, if any, of specifically required by the Contract Documents for a any adjustment in the Contract Price or Contract Times portion of the Work or unless such services are required that should be allowed as a result of such other work, a to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Claim may be made therefor as provided in Paragraph 10.05. Contractor shall not be required to provide professional B. Contractor shall afford each other contractor services in violation of applicable law. who is a party to such a direct contract,each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 properly integrate with such other work. Contractor shall ARTICLE 8-OWNER'S RESPONSIBILITIES not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and 8.01 Communications to Contractor responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to A. Owner as hall issue se provided in these General the extent that there are comparable Conditions, Owner sgin is all communications to p provisions for the Contractor through Engineer. benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 8.02 Replacement of Engineer C. If the proper execution or results of any part A. In case of termination of the employment of of Contractor's Work depends upon work performed by Engineer, Owner shall appoint an engineer to whom others under this Article 7, Contractor shall inspect such p Contractor makes no reasonable objection, whose status other work and promptly report to Engineer in writing any under the Contract Documents shall be that of the former delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper Engineer. execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such 8.03 Furnish Data other work as fit and proper for integration with Contractor's Work except for latent defects and of Owner under shall promptly furnish the data deficiencies in such other work. required of Owner under the Contract Documents. 7.02 Coordination 8.04 Pay When Due A. If Owner intends to contract with others for A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- 14.07.C. tions: 8.05 Lands and Easements,.Reports and Tests 1. the individual or entity who will have A. Owner's duties in respect of providing lands authority and responsibility for coordination of the and easements and providing engineering surveys to activities among the various contractors will be identified; establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying 2. the specific matters to be covered by such and making available to Contractor copies of reports of authority and responsibility will be itemized;and explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing 3. the extent of such authority and responsibili- surface or subsurface structures at or contiguous to the ties will be provided. Site that have been utilized by Engineer in preparing the B. Unless otherwise provided in the Contract Documents. Supplementary Conditions, Owner shall have sole 8.06 Insurance authority and responsibility for such coordination. 7.03 Legal Relationships A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- A.Paragraphs 7.01.A and 7.02 are not applicable ance are set forth in Article 5. for utilities not under the control of Owner. 8.07 Change Orders B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is A. Owner is obligated to execute Change Orders a liable to Owner and Contractor for the reasonable direct as indicated in Paragraph 10.03. delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. 8.08 Inspections, Tests, and Approvals C. Contractor shall be liable to Owner and an A. Owner's responsibility in respect to certain Y inspections, tests, and approvals is set forth in Paragraph other contractor for the reasonable direct delay and 13.03.B. disruption costs incurred by such other contractor as a result of Contractor's action or inactions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 8.09 Limitations on Owner's Responsibilities Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. direct,or have A.The Owner shall not supervise, , control or authority over, nor be responsible for, B. Engineer's visits and observations are subject Contractor's means, methods, techniques, sequences, or to all the limitations on Engineer's authority and procedures of construction, or the safety precautions and responsibility set forth in Paragraph 9.09.Particularly,but programs incident thereto, or for any failure of Contractor without limitation, during or as a result of Engineer's to comply with Laws and Regulations applicable to the visits or observations of Contractor's Work Engineer will performance of the Work. Owner will not be responsible not supervise, direct, control,or have authority over or be for Contractor's failure to perform the Work in responsible for Contractor's means, methods, techniques, accordance with the Contract Documents. sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any 8.10 Undisclosed Hazardous Environmental failure egulations applicable to the perfoprmanceloftheaWork.and Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in A. If Owner and Engineer agree, Engineer will Paragraph 4.06. furnish a Resident Project Representative to assist 8.11 Evidence of Financial Arrangements Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such A. If and to the extent Owner has agreed to Resident Project Representative and assistants will be as furnish Contractor reasonable evidence that financial provided in the Supplementary Conditions, and arrangements have been made to satisfy Owner's limitations provided in Paragraph 9.09sibilO Owner till another be as obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the representative or agent to represent Owner at the Site who Supplementary Conditions. is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the ARTICLE 9 - ENGINEER'S STATUS DURING Supplementary Conditions. CONSTRUCTION 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in 9.01 Owner's Representative the Work from the requirements of the Contract A. Engineer will be Owner's representative Documents which do not involve an adjustment in the during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as with the design concept of the completed Project as a Owner's representative during construction are set forth functioning whole as indicated by the Contract Docu- ments.in the Contract Documents and will not be changed ments. These may be accomplished by a Field Order and without written consent of Owner and Engineer. will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or 9.02 Visits to Site Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as a Claim may be made therefor as provided in Paragraph Engineer deems necessary in order to observe as an 10.05. experienced and qualified design professional the progress that has been made and the quality of the various 9.05 Rejecting Defective Work aspects of Contractor's executed Work. Based on information obtained during such visits and observations, A. Engineer will have authority to reject Work Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the which Engineer believes to be defective, or that Engineer Contract Documents. Engineer will not be required to believes will not produce a completed Project that make exhaustive or continuous inspections on the Site to conforms to the Contract Documents or that will prejudice check the quality or quantity of the Work. Engineer's the integrity of the design concept of the completed efforts will be directed toward providing for Owner a Project as a functioning whole as indicated by the greater degree of confidence that the completed Work will Contract Documents. Engineer will also have authority to conform generally to the Contract Documents. On the require special inspection or testing of the Work as basis of such visits and observations, Engineer will keep provided in Paragraph 13.04, whether or not the Work is fabricated,installed,or completed. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 partiality to Owner or Contractor and will not be liable in 9.06 Shop Drawings, Change Orders and Payments connection with any interpretation or decision rendered in A. In connection with Engineer's authori ty, and good faith in such capacity. limitations thereof,as to Shop Drawings and Samples,see 9.09 Limitations on Engineer's Authority and Paragraph 6.17. Responsibilities B. In connection with Engineer's authority, and A. Neither Engineer's authority or responsibility limitations thereof, as to design calculations and design under this Article 9 or under any other provision oft the drawings submitted in response to a delegation of Contract Documents nor any decision made by Engineer professional design services,if any,see Paragraph 6.21. in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or C. In connection with Engineer's authority as to performance of any authority or responsibility by Change Orders,see Articles 10, 11,and 12. Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to D. In connection with Engineer's authority as to Contractor, any Subcontractor, any Supplier, any other Applications for Payment,see Article 14. individual or entity, or to any surety for or employee or 9.07 Determinations for Unit Price Work agent of any of them. A. Engineer will determine the actual quantities have authority over orl be not supervise,responsible f orcContr ctlor's, or and classifications of Unit Price Work performed by means, methods, techniques, sequences, or procedures of Contractor. Engineer will review with Contractor the construction, or the safety precautions and programs Engineer's preliminary determinations on such matters incident thereto, or for any failure of Contractor to before rendering a written decision thereon (by comply with Laws and Regulations applicable to the recommendation of an Application for Payment or performance of the Work. Engineer will not be respon- otherwise). Engineer's written decision thereon will be sible for Contractor's failure to perform the Work in final and binding (except as modified by Engineer to accordance with the Contract Documents. reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any 9.08 Decisions on Requirements of Contract any of the oWork.any other individual or entity performing Documents and Acceptability of Work D. Engineer's review of the final Application for A. Engineer will be the initial interpreter of the Payment and accompanying documentation and all requirements of the Contract Documents and judge of the maintenance and operating instructions, schedules, acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor guarantees, bonds, certificates inspection, tests and approvals, and other documentation required to be arising prior to the date final payment is due relating to delivered by Paragraph 14.07.A will only be to determine the acceptability of the Work,and the interpretation of the generally that their content complies with the require- requirements of the Contract Documents pertaining to the ments of, and in the case of certificates of inspections, performance of the Work, will be referred initially to tests, and approvals that the results certified indicate Engineer in writing within 30 days of the event giving rise compliance with the Contract Documents. to the question E.B. Engineer will, with reasonable promptness, bility set forth in hisas Paragraph .09 shall and rppy to, render a written decision on the issue referred. If Owner the Resident Project Representative,if any,and assistants, or Contractor believe that any such decision entitles them if any. to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the ARTICLE 10-CHANGES IN THE WORK;CLAIMS event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue 10.01 Authorized Changes in the Work referred will be final and binding on Owner and Contractor,subject to the provisions of Paragraph 10.05. A. Without invalidating the Contract and without notice to any surety, Owner may,at any time or from time D. When functioning as interpreter and judge to time, order additions, deletions, or revisions in the g Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 ■ Ipromptly proceed with the Work involved which will be 10.05 Claims performed Documents under( the as app otherwise licable conditions of provid the Contract ' A. Engineer's Decision Required: All Claims, except fi cally except those waived pursuant to Paragraph 14.09,shall be B. If Owner and Contractor are unable to agree referred to the Engineer for decision. A decision by on entitlement to,or on the amount or extent,if any,of an Engineer shall be required as a condition precedent to any adjustment in the Contract Price or Contract Times, or either Owner or e have under the Contract Documents L both,that should be allowed as a result of a Work Change may Directive, a Claim may be made therefor as provided in or by Laws and Regulations in respect of such Claims. i Paragraph 10.05. B. Notice: Written notice stating the general 10.02 Unauthorized Changes in the Work nature of each Claim,shall be delivered by the claimant to Engineer and the other party to the Contract promptly(but A.Contractor shall not be entitled to an increase iliVitOl event thereto. The responsibility toa substant ate event a in the Contract Price or an extension of the Contract S g Times with respect to any work performed that is not of Claim shall rest with te party the amount or extenhof the Claim,with supporting g data I required by the Contract Documents as amended, modified,or supplemented as provided in Paragraph 3.04, shall be delivered to the Engineer and the other party to except in the case of an emergency as provided in the Contract Engineer it within 60 days additional s a after the e start oof such event nt to Paragraph 6.16 or in the case of uncovering Work as submit additional or more accurate data in support of such provided in Paragraph 13.04.B. Claim).A Claim for an adjustment in Contract Price shall 10.03 Execution of Change Orders be prepared in accordance with the provisions of Paragraph 12.01.B.A Claim for an adjustment in Contract A. Owner and Contractor shall execute appropri- Time shall be prepared in accordance with the provisions ate Change Orders recommended by Engineer covering: of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment 1. changes in the Work which are: (i)ordered by claimed is the entire adjustment to which the claimant 1 Owner pursuant to Paragraph 10.01.A, (ii) required believes it is shall submit any response to Engineer and because of acceptance of defective Work under Paragraph opposing party rtY 13.08.A or Owner's correction of defective Work under last submitta (unless Engineeftallows addit onal time). is Paragraph 13.09,or(iii)agreed to by the parties; the claimant whin 30 days aer receipt of the I 2. changes in the Contract Price or Contract C. Engineer's Action: Engineer will review each Times which are agreed to by the parties, including any Claim and, within 30 days after receipt of the last undisputed sum or amount of time for Work actually submittal of the claimant or e last one of the submittal ing actions performed in accordance with a Work Change Directive; opposing party, if any, take in writing: i and 3. changes in the Contract Price or Contract 1.deny the Claim in whole or in part, Times which embody the substance of any written 2.approve the Claim,or I decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such pp eal ma be taken from any such 3.notify the parties that the Engineer is unable to Change Order, an app Y decision in accordance with the provisions of the Contract resolve the Claim if, in the Engineer's sole discretion, it Documents and applicable Laws and Regulations, but would be oinappropriate er resolution of the Claim, such notice during any such appeal, Contractor shall carry on the purposes Work and adhere to the Progress Schedule as provided in shall be deemed a denial. Paragraph 6.18.A. D.In the event that Engineer does not take action 10.04 Notification to Surety on a Claim within said 30 days, the Claim shall be deemed denied. A. If notice of any change affecting the general scope of the Work or the provisions of the Contract E. Engineer's written action under Paragraph Documents (including, but not limited to, Contract Price 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or ' or Contract Times) is required by the provisions such notice 10.05. Contractor, unless final Owner or Contras or Owner woke the bond to be given to a surety,the giving o y will be Contractor's responsibility. The amount of each dispute resolution procedure set forth in Article 16 within applicable bond will be adjusted to reflect the effect of 30 days of such action or denial. any such change. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional s 2ngineers for EJCDC. All rights reserved. F. No Claim for an adjustment in Contract Price Contractor and shall deliver such bids to Owner,who will or Contract Times will be valid if not submitted in then determine, with the advice of Engineer, which bids, accordance with this Paragraph 10.05. if any,will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work ARTICLE 11 - COST OF THE WORK; and fee shall be determined in the same manner as ALLOWANCES;UNIT PRICE WORK Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 11.01 Cost of the Work 4. Costs of special consultants (including but not A. Costs Included: The term Cost of the Work surveyors, attorneys, andchaccountants)ng laboratories, means the sum of all costs, except those excluded in services specifically related to the Woks) employed for Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When 5. Supplemental costs including the following: the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is a. The proportion of necessary transportation, determined on the basis of Cost of the Work, the costs to travel, and subsistence expenses of Contractor's be reimbursed to Contractor will be only those additional employees incurred in discharge of duties or incremental costs required because of the change in the connected with the Work. Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by b. Cost, including transportation and mainte- Owner, such costs shall be in amounts no higher than nance, of all materials, supplies, equipment, those prevailing in the locality of the Project,shall include machinery, only the following items, and shall not include any of the facilities at the Site,land hand nd not temporary owned by costs itemized in Paragraph 11.01.B. the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, 1. Payroll costs for employees in the direct of such items used but not consumed which employ of Contractor in the performance of the Work remain the property of Contractor. under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, c. Rentals of all construction equipment and without limitation, superintendents, foremen, and other machinery, and the parts thereof whether rented personnel employed full time at the Site. Payroll costs for from Contractor or others in accordance with employees not employed full time on the Work shall be rental agreements approved by Owner with the apportioned on the basis of their time spent on the Work. advice of Engineer, and the costs of Payroll costs shall include, but not be limited to, salaries transportation, loading, unloading, assembly, and wages plus the cost of fringe benefits, which shall dismantling, and removal thereof. All such costs include social security contributions, unemployment, shall be in accordance with the terms of said excise, and payroll taxes, workers' compensation, health rental agreements. The rental of any such equip- and retirement benefits, bonuses, sick leave, vacation and ment, machinery, or parts shall cease when the holiday pay applicable thereto. The expenses of use thereof is no longer necessary for the Work. performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in d. Sales, consumer, use, and other similar taxes the above to the extent authorized by Owner. related to the Work, and for which Contractor is 2. Cost of all materials and equipment furnished liable,imposed by Laws and Regulations. and incorporated in the Work, including costs of e. Deposits lost for causes other than negligence transportation and storage thereof, and Suppliers' field of Contractor, any Subcontractor, or anyone services required in connection therewith. All cash directly or indirectly employed by any of them or discounts shall accrue to Contractor unless Owner for whose acts any of them may be liable, and deposits funds with Contractor with which to make pay- royalty payments and fees for permits and ments, in which case the cash discounts shall accrue to licenses. Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner,and Contractor shall make provisions so caused by damage to the Work,not compensated that they may be obtained. by insurance or otherwise, sustained by 3. Payments made by Contractor to Contractor of the Workn connection with the performance Subcontractors for Work performed by Subcontractors. If the deductible amounts of apro property i s rahce required by Owner, Contractor shall obtain competitive established in accordance p with Paragraph bids from subcontractors acceptable to Owner and 5.06.D), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 resulted from causes other than the negligence of be determined as set forth in the Agreement. When the Contractor, any Subcontractor, or anyone value of any Work covered by a Change Order or when a directly or indirectly employed by any of them or Claim for an adjustment in Contract Price is determined for whose acts any of them may be liable. Such on the basis of Cost of the Work,Contractor's fee shall be losses shall include settlements made with the determined as set forth in Paragraph 12.01.C. written consent and approval of Owner.No such D. Documentation: Whenever the Cost of the losses, damages, and expenses shall be included in the Cost of the Work for the purpose of Work for any purpose is to be determined pursuant to determining Contractor's fee. Paragraphs 11.01.A and 11.01.B,Contractor will establish and maintain records thereof in accordance with generally g. The cost of utilities, fuel, and sanitary accepted accounting practices and submit in a form facilities at the Site. acceptable to Engineer an itemized cost breakdown together with supporting data. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the 11.02 Allowances Site, expresses, and similar petty cash items in connection with the Work. A. It is understood that Contractor has included in the Contract Price all allowances so named in the i. The costs of premiums for all bonds and Contract Documents and shall cause the Work so covered insurance Contractor is required by the Contract to be performed for such sums and by such persons or Documents to purchase and maintain. entities as may be acceptable to Owner and Engineer. B. Costs Excluded: The term Cost of the Work B. Cash Allowances shall not include any of the following items: 1.Contractor agrees that: 1. Payroll costs and other compensation of a. the cash allowances include the cost to Contractor's officers, executives, principals (of Contractor (less any applicable trade discounts) partnerships and sole proprietorships), general managers, of materials and equipment required by the safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting applicable taxes;and agents, expediters, timekeepers, clerks, and other pP personnel employed by Contractor, whether at the Site or b. Contractor's costs for unloading and handling in Contractor's principal or branch office for general on the Site, labor, installation , overhead, profit, administration of the Work and not specifically included and other expenses contemplated for the cash in the agreed upon schedule of job classifications referred allowances have been included in the Contract to in Paragraph 11.01.A.1 or specifically covered by Price and not in the allowances, and no demand Paragraph 11.01.A.4, all of which are to be considered for additional payment on account of any of the I111 administrative costs covered by the Contractor's fee. foregoing will be valid. 2. Expenses of Contractor's principal and branch C.Contingency Allowance offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, 1. Contractor agrees that a contingency including interest on Contractor's capital employed for allowance, if any, is for the sole use of Owner to cover the Work and charges against Contractor for delinquent unanticipated costs. payments. D.Prior to final payment, an appropriatet Change 4. Costs due to the negligence of Contractor,any Order will be issued as recommended by Engineer to Subcontractor, or anyone directly or indirectly employed reflect actual amounts due Contractor on account of Work by any of them or for whose acts any of them may be covered by allowances, and the Contract Price shall be liable, including but not limited to, the correction of correspondingly adjusted. defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to 11.03 Unit Price Work property. A. Where the Contract Documents provide that 5. Other overhead or general expense costs of all or part of the Work is to be Unit Price Work, initially any kind and the costs of any item not specifically and price Worktan amount equal to the sum of the unit price expressly included in Paragraphs 11.01.A and 11.01.B. for each separately identified item of Unit Price Work C. Contractor's Fee: When all the Work is times the estimated quantity of each item as indicated in performed on the basis of cost-plus, Contractor's fee shall the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 allowance for overhead and profit not necessaril B. The estimated quantities of items of Unit accordance with Paragraph 12.01.C.2);or Yin Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial 3. where the Work involved is not covered by Contract Price. Determinations of the actual quantities unit prices contained in the Contract Documents and and classifications of Unit Price Work performed by agreement to a lump sum is not reached under Paragraph Contractor will be made by Engineer subject to the 12.01.B.2, on the basis of the Cost of the Work provisions of Paragraph 9.07. (determined as provided in Paragraph 11.01) plus a Con 's fee for overhead C. Each unit price will be deemed to include an provirded in Paragraph 12.01.C).and profit (determined as amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately C. Contractor's Fee: The Contractor's fee for identified item. overhead and profit shall be determined as follows: D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with 1. a mutually acceptable fixed fee;or Paragraph 10.05 if 2. if a fixed fee is not agreed upon, then a fee based on the 1. the quantity of any item of Unit Price Work of the Cost of the Work ercentages of the various portions performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated a. for costs incurred under Paragraphs 11.O1.A.1 in the Agreement;and and 11.01.A.2, the Contractor's fee shall be 15 2. there is no corresponding adjustment with percent; respect any other item of Work;and b. for costs incurred under Paragraph 11.01.A.3, 3. Contractor believes that Contractor is entitled the Contractor's fee shall be five percent; to an increase in Contract Price as a result of having c. where one or more tiers of subcontracts are on incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the arties the basis of Cost of the Work plus a fee and no p fixed fee is agreed upon, the intent of Paragraph are unable to agree as to the amount of any such increase or decrease. 12.O1.C.2.a is that the Subcontractor who actually performs the Work,at whatever tier,will be paid a fee of 15 percent of the costs incurred ARTICLE 12 - CHANGE OF CONTRACT PRICE; by such Subcontractor under Paragraphs CHANGE OF CONTRACT TIMES 11.O1.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next 12.01 Change of Contract Price lower tier Subcontractor; d. no fee shall be payable on the basis of costs A. The Contract Price may only be changed by a itemized under Paragraphs 11.01.A.4, 11.01.A.5, Change Order. Any Claim for an adjustment in the and 11.01.B; Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the e. the amount of credit to be allowed by other party to the Contract in accordance with the Contractor to Owner for any change which provisions of Paragraph 10.05. results in a net decrease in cost will be the amount of the actual net decrease in cost plus a B. The value of any Work covered by a Change deduction in Contractor's fee by an amount equal Order or of any Claim for an adjustment in the Contract to five percent of such net decrease;and Price will be determined as follows: f. when both additions and credits are involved 1. where the Work involved is covered by unit in any one change, the adjustment in prices contained in the Contract Documents, by applica- Contractor's fee shall be computed on the basis tion of such unit prices to the quantities of the items of the net change in accordance with Paragraphs involved (subject to the provisions of Paragraph 11.03); 12.01.C.2.a through 12.01.C.2.e,inclusive. or 12.02 Change of Contract Times 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a A. The Contract Times may only be changed by mutually agreed lump sum (which may include an a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 by the party making the Claim to the Engineer and the other party to the Contract in accordance with the ARTICLE 13 - TESTS AND INSPECTIONS; provisions of Paragraph 10.05. CORRECTION, REMOVAL OR ACCEPTANCE OF B. Any adjustment of the Contract Times DEFECTIVE WORK covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 13.01 Notice of Defects 12.03 Delays A.Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to A. Where Contractor is prevented from Contractor. All defective Work may be rejected, completing any part of the Work within the Contract corrected,or accepted as provided in this Article 13. Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to 13.02 Access to Work the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the A. Owner, Engineer, their consultants and other control of Contractor shall include, but not be limited to, representatives and personnel of Owner, independent acts or neglect by Owner,acts or neglect of utility owners testing laboratories, and governmental agencies with or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal Work at reasonable times for their observation, weather conditions,or acts of God. inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise B. If Owner, Engineer, or other contractors or them of Contractor's Site safety procedures and programs utility owners performing other work for Owner as so that they may comply therewith as applicable. contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the 13.03 Tests and Inspections performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract A. Contractor shall give Engineer timely notice Price or the Contract Times , or both. Contractor's of readiness of the Work for all required inspections, entitlement to an adjustment of the Contract Times is tests,or approvals and shall cooperate with inspection and conditioned on such adjustment being essential to testing personnel to facilitate required inspections or tests. Contractor's ability to complete the Work within the B. Owner shall employ and pay for the services Contract Times. of an independent testing laboratory to perform all C If Contractor is delayed in the performance or inspections, tests, or approvals required by the Contract progress of the Work by fire, flood, epidemic, abnormal Documents except: weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other 1. for inspections, tests, or approvals covered by causes not the fault of and beyond control of Owner and Paragraphs 13.03.0 and 13.03.D below; Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such 2. that costs incurred in connection with tests or adjustment is essential to Contractor's ability to complete inspections conducted pursuant to Paragraph 13.04.B the Work within the Contract Times. Such an adjustment shall be paid as provided in said Paragraph 13.04.C;and shall be Contractor's sole and exclusive remedy for the 3. as otherwise specifically provided in the Con- delays described in this Paragraph 12.03.C. tract Documents. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any C. If Laws or Regulations of any public body claims, costs, losses, or damages (including but not having jurisdiction require any Work (or part thereof) limited to all fees and charges of Engineers, architects, specifically to be inspected, tested, or approved by an attorneys, and other professionals and all court or employee or other representative of such public body, arbitration or other dispute resolution costs) sustained by Contractor shall assume full responsibility for arranging Contractor on or in connection with any other project or and obtaining such inspections,tests,or approvals,pay anticipated project. costs in connection therewith, and furnish Engineer the required certcates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 be incorporated in the Work; or acceptance of materials, A.If the Work mix designs,or equipment submitted for approval prior to supply sufficient skilled workers or or suitable materials or Contractor's purchase thereof for incorporation in the equipment, or fails to perform the Work in such a way Work. Such inspections, tests, or approvals shall be that the completed Work will conform to the Contract performed by organizations acceptable to Owner and Documents, Owner may order Contractor to stop the Engineer. Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner E. If any Work (or the work of others)that is to to stop the Work shall not give rise to any duty on the part be inspected,tested,or approved is covered by Contractor of Owner to exercise this right for the benefit of without written concurrence of Engineer, it must, if Contractor, any Subcontractor, any Supplier, any other requested by Engineer,be uncovered for observation. individual or entity, or any surety for, or employee or F. Uncovering Work as agent of any of them. $ provided in Paragraph 13.03.E shall be at Contractor's expense unless 13.06 Correction or Removal of Defective Work Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has A. Promptly after receipt of notice, Contractor not acted with reasonable promptness in response to such shall correct all defective Work, whether or not notice. fabricated, installed, or completed, or, if the Work has been rejected by Engineer,remove it from the Project and 13.04 Uncovering Work replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but A. If any Work is covered contrary to the written not limited to all fees and charges of engineers,architects, request of Engineer, it must, if requested by Engineer, be attorneys, and other professionals and all court or uncovered for Engineer's observation and replaced at arbitration or other dispute resolution costs)arising out of Contractor's expense. or relating to such correction or removal (including but not B.If Engineer considers it necessary or advisable others)limited to all costs of repair or replacement of work of that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, B. When correcting defective Work under the shall uncover, expose, or otherwise make available for terms of this Paragraph 13.06 or Paragraph 13.07, observation, inspection, or testing as Engineer may Contractor shall take no action that would void or require, that portion of the Work in question, furnishing otherwise impair Owner's special warranty and guarantee all necessary labor,material,and equipment. if any,on said Work. ' C. If it is found that the uncovered Work is 13.07 Correction Period defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and A.If within one year after the date of Substantial charges of engineers, architects, attorneys, and other Completion (or such longer period of time as may be professionals and all court or arbitration or other dispute P prescribed by the terms of any applicable special resolution costs) arising out of or relating to such guarantee required by the Contract Documents) or by any uncovering, exposure, observation, inspection, and specific provision of the Contract Documents, any Work testing, and of satisfactory replacement or reconstruction is found to be defective,or if the repair of any damages to (including but not limited to all costs of repair or the land or areas made available for Contractor's use by replacement of work of others); and Owner shall be Owner or permitted by Laws and Regulations as entitled to an appropriate decrease in the Contract Price.If contemplated in Paragraph 6.11.A is found to be the parties are unable to agree as to the amount thereof, defective, Contractor shall promptly, without cost to Owner may make a Claim therefor as provided in Owner and in accordance with Owner's written Paragraph 10.05. instructions: D. If, the uncovered Work is not found to be 1 111 defective, Contractor shall be allowed an increase in the •repair such defective land or areas;or Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, 2. correct such defective Work;or observation, inspection, testing, replacement, and 3. if the defective Work has been rejected by reconstruction. If the parties are unable to agree as to the Owner, remove it from the Project and replace it with amount or extent thereof, Contractor may make a Claim Work that is not defective,and therefor as provided in Paragraph 10.05. 4. satisfactorily correct or repair or remove and 13.05 Owner May Stop the Work replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society,of Professional Engineers for EJCDC. All rights reserved. 00700-34 IB. If Contractor does not promptly comply with 13.09 Owner May Correct Defective Work the terms of Owner's written instructions, or in an A. If Contractor fails within a reasonable time I emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work after written notice from Engineer to correct defective corrected or repaired or may have the rejected Work re- Work or to remove and replace rejected Work as required moved and replaced. All claims, costs, losses, and damages(including but not limited to all fees and charges by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with of engineers, architects, attorneys, and other professionals the Contract Documents, or if Contractor fails to comply and all court or arbitration or other dispute resolution with any other provision of the Contract Documents, costs)arising out of or relating to such correction or repair or such removal and replacement (including but not Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. limited to all costs of repair or replacement of work of B. In exercising the rights and remedies under others)will be paid by Contractor. this Paragraph 13.09, Owner shall proceed expeditiously. C. In special circumstances where a particular In connection with such corrective or remedial action, item of equipment is placed in continuous service before Owner may exclude Contractor from all or part of the Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if Site, take possession of all or part of the Work and suspend Contractor's services related thereto,take posses- so provided in the Specifications. sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or Work resulting therefrom)has been corrected or removed for which Owner has paid Contractor but which are stored and replaced under this Paragraph 13.07, the correction elsewhere. Contractor shall allow Owner, Owner's period hereunder with respect to such Work will be extended for an additional period of one year after such representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants correction or removal and replacement has been access to the Site to enable Owner to exercise the rights satisfactorily completed. and remedies under this Paragraph. ' E. Contractor's obligations under this Paragraph C. All claims, costs, losses, and damages 13.07 are in addition to any other obligation or warranty. (including but not limited to all fees and charges of The provisions of this Paragraph 13.07 shall not be engineers, architects, attorneys, and other professionals ' construed as a substitute for or a waiver of the provisions and all court or arbitration or other dispute resolution of any applicable statute of limitation or repose. costs) incurred or sustained by Owner in exercising the I 13.08 Acceptance of Defective Work rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the A. If, instead of requiring correction or removal Contract Documents with respect to the Work;and Owner and replacement of defective Work, Owner (and, prior to shall be entitled to an appropriate decrease in the Contract Engineer's recommendation of final payment, Engineer) Price.If the parties are unable to agree as to the amount of prefers to accept it, Owner may do so. Contractor shall the adjustment, Owner may make a Claim therefor as pay all claims, costs, losses, and damages (including but provided in Paragraph 10.05. Such claims, costs, losses I not limited to all fees and charges of engineers,architects, attorneys, and other professionals and all court or and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or arbitration or other dispute resolution costs)attributable to damaged by correction, removal, or replacement of II Owner's evaluation of and determination to accept such Contractor's defective Work. defective Work(such costs to be approved by Engineer as D. Contractor shall not be allowed an extension to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to of the Contract Times because of any delay in the this sentence. If any such acceptance occurs prior to performance of the Work attributable to the exercise by Engineer's recommendation of final payment, a Change Owner of Owner's rights and remedies under this Order will be issued incorporating the necessary revisions Paragraph 13.09. I in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work ARTICLE 14 - PAYMENTS TO CONTRACTOR AND so accepted. If the parties are unable to agree as to the COMPLETION I amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation,an appropriate amount will be 14.01 Schedule of Values 1 paid by Contractor to Owner. A.The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 payments and will be incorporated into a form of Applica- b. the quality of the Work is generally in accor- tion for Payment acceptable to Engineer. Progress g Y g �' dance with the Contract Documents (subject to payments on account of Unit Price Work will be based on an evaluation of the Work as a functioning whole the number of units completed. prior to or upon Substantial Completion, to the results of any subsequent tests called for in the 14.02 Progress Payments Contract Documents, to a final determination of quantities and classifications for Unit Price Work A.Applications for Payments under Paragraph 9.07, and to any other 1. At least 20 days before the date established in qualifications stated in the recommendation);and the Agreement for each progress payment (but not more c. the conditions precedent to Contractor's being often than once a month), Contractor shall submit to entitled to such payment Engineer for review an Application for Payment filled out far as appear to Engineer's been and signed by Contractor covering the Work completed as responsibility in so ear as it is Engineer's g p responsibility to observe the Work. of the date of the Application and accompanied by such supporting documentation as is required by the Contract 3.By recommending any such payment Engineer Documents. If payment is requested on the basis of will not thereby be deemed to have represented that: materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another a. inspections made to check the quality or the location agreed to in writing,the Application for Payment quantity of the Work as it has been performed shall also be accompanied by a bill of sale, invoice, or have been exhaustive, extended to every aspect other documentation warranting that Owner has received of the Work in progress, or involved detailed the materials and equipment free and clear of all Liens inspections of the Work beyond the responsi- and evidence that the materials and equipment are bilities specifically assigned to Engineer in the covered by appropriate property y insurance or other Contract Documents;or arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. b. that there may not be other matters or issues between the parties that might entitle Contractor 2. Beginning with the second Application for to be paid additionally by Owner or entitle Payment, each Application shall include an affidavit of Owner to withhold payment to Contractor. Contractor stating that all previous progress payments received on account of the Work have been applied on 4. Neither Engineer's review of Contractor's account to discharge Contractor's legitimate obligations Work for the purposes of recommending payments nor associated with prior Applications for Payment. Engineer's recommendation of any payment, including final payment,will impose responsibility on Engineer: 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. a.to supervise,direct,or control the Work,or B.Review of Applications b. for the means, methods, techniques, sequences, or procedures of construction, or the 1. Engineer will, within 10 days after receipt of safety precautions and programs incident thereto, each Application for Payment, either indicate in writing a or recommendation of payment and present the Application to Owner or return the Application to Contractor c. for Contractor's failure to comply with Laws indicating in writing Engineer's reasons for refusing to and Regulations applicable to Contractor's recommend payment. In the latter case, Contractor may performance of the Work,or make the necessary corrections and resubmit the Application. d. to make any examination to ascertain how or for what purposes Contractor has used the 2. Engineer's recommendation of any payment moneys paid on account of the Contract Price,or requested in an Application for Payment will constitute a representation by Engineer to Owner,based on Engineer's e. to determine that title to any of the Work, observations on the Site of the executed Work as an materials,or equipment has passed to Owner free experienced and qualified design professional and on and clear of any Liens. Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of 5. Engineer may refuse to recommend the whole Engineer's knowledge,information and belief: or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner a. the Work has progressed to the point indicat- stated in Paragraph 14.02.B.2. Engineer may also refuse ed; to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 inspections or tests, revise or revoke any such payment 3. If it is subsequently determined that Owner's recommendation previously made, to such extent as may refusal of payment was not justified, the amount be necessary in Engineer's opinion to protect Owner from determined withheld shall b 02.Ctld as an amount due as loss because: a.the Work is defective, or completed Work has 14.03 Contractor's Warranty of Title been damaged, requiring correction or replace- ment; to all Work, materials, and equipment covered by any b. the Contract Price has been reduced by Application for Payment, whether incorporated in the Change Orders; Project or not,will pass to Owner no later than the time of payment free and clear of all Liens. c. Owner has been required to correct defective Work or complete Work in accordance with 14.04 Substantial Completion Paragraph 13.09;or A. When Contractor considers the entire Work d. Engineer has actual knowledge of the ready for its intended use Contractor shall notify Owner occurrence of any of the events enumerated in substantially complete writing pthat or items specifically listed Paragraph 15.02.A. by Contractor as incomplete) and request that Engineer C.Payment Becomes Due issue a certificate of Substantial Completion. 1. Ten days after presentation of the Application B. Promptly after Contractor's notification, , for Payment to Owner with Engineer's recommendation, Owner, Contractor, and Engineer shall make an the amount recommended will (subject to the provisions inspection of the Work to determine the status of of Paragraph 14.02.D)become due, and when due will be substantially complete,Engineer doe Engineer will notify Contractor k in paid by Owner to Contractor. writing giving the reasons therefor. D.Reduction in Payment C. If Engineer considers the Work substantially 1.Owner may refuse to make payment of the full certificate of Substantial l Completion Owner hich shall fix the complete, Engineer II1I amount recommended by Engineer because: date of Substantial Completion.There shall be attached to a. claims have been made against Owner on the certificate a tentative list of items to be completed or account of Contractor's performance or furnish- days afterreceiptfof t e ten ativeOcertificatelduring which ing of the Work; rovisions to make written objection to Engineer as to any p b. Liens have been filed in connection with the of the certificate or attached list.If,after considering such Work, except where Contractor has delivered a objections, Engineer concludes that the Work is not specific bond satisfactory to Owner to secure the submissionly c thel t ntat ge cert ficat ithiin 14 d Y after satisfaction and discharge of such Liens; Contractor in writing,stating the reasons therefor.If,after Engineer considers c. there are other items entitling Owner to a the sWorkl substant ally'compl te,nEngineer will within set-off against the amount recommended;or said 14 days execute and deliver to Owner and Contractor' d.Owner has actual knowledge of the occurrence a definitive certificate of Substantial Completion (with a of any of the events enumerated in Paragraphs revised tentative list of items to be completed or correct- 14.02.B.5.a through 14.02.B.5.c or Paragraph ed) reflecting such changes from the tentative certificate 15.02.A. as Engineer believes justified after consideration of any objections from Owner. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give D. At the time of delivery of the tentative Engineer will Contractor immediate written notice (with a copy to certificate of Substantial Completion, Engineer)stating the reasons for such action and promptly deliver to Owner and Contractor a written recommen- dation Contractor any amount remaining after deduction of da lmentsb to division of and onsibilitieswith respect to the amount so withheld. Owner shall promptly pay p Y Contractor the amount so withheld, or any adjustment security, operation, safety, and protection of the Work, thereto agreed to by Owner and Contractor, when maintenance,eUnless Owner and Contractor agree otherwise Contractor corrects to Owner's satisfaction the reasons for m writing and so inform Engineer in writing prior to such action. Engineer's issuing the definitive certificate of Substantial EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional 3ngineers for EJCDC. All rights reserved. s Completion, Engineer's aforesaid recommendation will that the Work is incomplete or defective. Contractor shall be binding on Owner and Contractor until final payment. immediately take such measures as are necessary to complete such Work or remedy such deficiencies. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial 14.07 Final Payment Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. A.Application for Payment 14.05 Partial Utilization 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections A. Prior to Substantial Completion of all the identified during the final inspection and has delivered, in Work, Owner may use or occupy any substantially accordance with the Contract Documents,all maintenance completed part of the Work which has specifically been and operating instructions, schedules, guarantees, bonds, identified in the Contract Documents, or which Owner, certificates or other evidence of insurance certificates of Engineer, and Contractor agree constitutes a separately inspection, marked-up record documents (as provided in functioning and usable part of the Work that can be used Paragraph 6.12), and other documents, Contractor may by Owner for its intended purpose without significant make application for final payment following the interference with Contractor's performance of the procedure for progress payments. remainder of the Work, subject to the following condi- tions. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its a. all documentation called for in the Contract y Documents, including but not limited to the intended use and substantially complete. If and when Contractor agrees that such part of the Work is evidence of insurance required by Paragraph substantially complete, Contractor will certify to Owner 5.04.B.7; and Engineer that such part of the Work is substantially b.consent of the surety,and request Engineer to issue a certificate of ty,if any,to final payment; 111 Substantial Completion for that part of the Work. c. a list of all Claims against Owner that 2. Contractor at any time may notify Owner and Contractor believes are unsettled;and Engineer in writing that Contractor considers any such d. complete and legally effective releases part of the Work ready for its intended use and substan- or tially complete and request Engineer to issue a certificate waivers(satisfactory to Owner)of all Lien rights arising out of or Liens of Substantial Completion for that part of the Work. filed in connection with 111 the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an 3 in In lieu of the releases and as or waivers of Liens proved by inspection of that part of the Work to determine its status Owner, Contractor may furnish receipts or releases in full of completion. If Engineer does not consider that part of and an affidavit of Contractor that: (i) the releases and the Work to be substantially complete, Engineer will receipts include all labor, services, material, and notify Owner and Contractor in writing giving the reasons equipment for which a Lien could be filed; and (ii) all therefor. If Engineer considers that part of the Work to be payrolls, material and equipment bills, and other substantially complete, the provisions of Paragraph 14.04 indebtedness connected with the Work for which Owner will apply with respect to certification of Substantial or Owner's property might in any way be responsible have Completion of that part of the Work and the division of been paid or otherwise satisfied. If any Subcontractor or responsibility in respect thereof and access thereto. Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral 4.No use or occupancy or separate operation of satisfactory to Owner to indemnify Owner against any part of the Work may occur prior to compliance with the Lien. requirements of Paragraph 5.10 regarding property insurance. , B. Engineer's Review of Application and 14.06 Final Inspection Acceptance 1. If, on the basis of Engineer's observation of A. Upon written notice from Contractor that the the Work during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals has nbeenlcomplet Documents, and iContract is other aobli obligations s EJCDC C-700 Standard General Conditions of the Construction Contract. g Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 under the Contract Documents have been fulfilled, with the requirements herein and expressly acknowledged Engineer will, within ten days after receipt of the final by Owner in writing as still unsettled. Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application ARTICLE 15 - SUSPENSION OF WORK AND for Payment to Owner for payment. At the same time TERMINATION Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor,indicat- ing in writing the reasons for refusing to recommend final A. At any time and without cause, Owner may payment, in which case Contractor shall make the suspend any onion thereof for a period of necessary corrections and resubmit the Application for not more than 90 consecutive days by notice in writing to Payment. Contractor and Engineer which will fix the date on which C.Payment Becomes Due Work will be resumed. Contractor shall resume the Work on the date so fixed.Contractor shall be granted an adjust- 1. Thirty days after the presentation to Owner of adjust- ment in the Contracts directly attributable of the Contract the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less suspension if Contractor makes a Claim therefor as any sum Owner is entitled to set off against Engineer's provided in Paragraph 10.05. recommendation, including but not limited to liquidated damages,will become due and,will be paid by Owner to 15.02 Owner May Terminate for Cause Contractor. A. The occurrence of any one or more of the 14.08 Final Completion Delayed following events will justify termination for cause: A. If, through no fault of Contractor, final 1. Contractor's persistent failure to perform the completion of the Work is significantly delayed, and o if (including, but not limit d to, failure t supply Documents sufficient Engineer so confirms, Owner shall, p Contractor's final Application for recommendation of failure to workers adhere to thebProgress Schedule established fully completed and accepted) Engineer, and without terminating that the portion Contract, the Work purl uant to Paragraph 6.04);adjusted from time to time payment of the balance due for p fully completed and accepted. If the remaining balance to 2. Contractor's disregard of Laws or Regulations be held by Owner for Work not fully completed or public body having jurisdiction; corrected is less than the retainage stipulated in the of any p Y Agreement, and if bonds have been furnished as required in Paragraph 5.01,the written consent of the surety to the 3. Contractor's disregard of the authority of payment of the balance due for that portion of the Work Engineer;or fully completed and accepted shall be submitted by 4. Contractor's violation in any substantial way Contractor to Engineer with the Application for such any provisions of the Contract Documents. payment. Such payment shall be made under the terms of an p and conditions governing final payment, except that it B. If one or more of the events identified in shall not constitute a waiver of Claims. Paragraph 15.02.A occ e,v O daes written notice of giving 14.09 Waiver of Claims Contractor (and surety ) Y intent to terminate the services of Contractor: A. The making and acceptance of final payment 1. exclude Contractor from the Site, and take will constitute: possession of the Work and of all Contractor's tools, 1. a waiver of all Claims by Owner against appliances,anduse thconstruction ame to the full an extent they could be Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection used by Contractor (without liability to Contractor for pursuant to Paragraph 14.06, from failure to comply with trespass or conversion), p special the Contract Documents or the terms of any 2, incorporate in the Work all materials and guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; equipment ractor but stored at the are Site stored elsewhere,ich ander has paid and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional 3ngineers for EJCDC. All rights reserved. s 3. complete the Work as Owner may deem 2. expenses sustained prior to the effective date expedient. of termination in performing services and furnishing labor,materials, or equipment as required by the Contract C. If Owner proceeds as provided in Paragraph Documents in connection with uncompleted Work, plus 15.02.B, Contractor shall not be entitled to receive any fair and reasonable sums for overhead and profit on such further payment until the Work is completed. If the ex enses; unpaid balance of the Contract Price exceeds all claims, p costs,losses,and damages(including but not limited to all fees and charges of engineers, architects, attorneys and (including all claims, costs, losses, and damages Y , ng but not limited to all fees and charges of other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arisin out engineers, architects, attorneys, and other professionals of or relating to completing the Work ysuch excess will be and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall Subcontractors, Suppliers,and others;and pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by 4. reasonable expenses directly attributable to Engineer as to their reasonableness and, when so termination. approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this B.Contractor shall not be paid on account of loss Paragraph Owner shall not be required to obtain the of anticipated profits or revenue or other economic loss lowest price for the Work performed. arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice A. If, through no act than fault of Contractor,days p the Work is suspended for more than 90 consecutive ys of intent to terminate to correct its failure to perform and by Owner or under an order of court or other public proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. authority, or(ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally E. Where Contractor's services have been so determined to be due, then Contractor may, upon seven terminated by Owner, the termination will not affect any days written notice to Owner and Engineer, and provided rights or remedies of Owner against Contractor then Owner or Engineer do not remedy such suspension or existing or which may thereafter accrue. Any retention or failure within that time, terminate the Contract and payment of moneys due Contractor by Owner will not release Contractor from liability. recover from Owner payment on the same terms as provided in Paragraph 15.03. F. If and to the extent that Contractor has B. In lieu of terminating the Contract and provided a performance bond under the provisions of without prejudice to any other right or remedy, if Paragraph 5.01.A,the termination procedures of that bond Engineer has failed to act on an Application for Payment shall supersede the provisions of Paragraphs 15.02.B, and within 30 days after it is submitted, or Owner has failed 15.02.C. for 30 days to pay Contractor any sum finally determined 15.03 Owner May Terminate For Convenience to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including A. Upon seven days written notice to Contractor interest thereon. The provisions of this Paragraph 15.04 and Engineer, Owner may, without cause and without are not intended to preclude Contractor from making a prejudice to any other right or remedy of Owner, Claim under Paragraph 10.05 for an adjustment in terminate the Contract. In such case, Contractor shall be Contract Price or Contract Times or otherwise for paid for(without duplication of any items): expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and ARTICLE 16-DISPUTE RESOLUTION reasonable sums for overhead and profit on such Work; 16.01 Methods and Procedures 1 A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 2. delivered at or sent by registered or certified governed by the Construction Industry Mediation Rules mail,postage prepaid,to the last business address known of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for to the giver of the notice. mediation shall be submitted in writing to the American e 17.02 Computation of Times Arbitration Association and the other party Contract. Timely submission of the request shall stay the A. When any period of time is referred to in the effect of Paragraph 10.05.E. Contract Documents by days, it will be computed to B. Owner and Contractor shall participate in the exclude last day first of any include such period falls on a Saturday or I mediation process in good faith. The process request. or on a day made a legal holiday by the law of the concluded within 60 days of filing of the request. The Sunday cable jurisdiction, such day will be omitted from the date of termination of the mediation shall be determined computation. by application of the mediation rules referenced above. p C. If the Claim is not resolved by mediation, 17.03 Cumulative Remedies Engineer's action under Paragraph 10.05.0 or a denial A. The duties and obligations imposed by these 1 pursuant to Paragraphs 10.05.C.3 days after or 10.05.D shall become General Conditions and the rights and remedies available final and binding 30 days after termination of the mediation unless, within that time period, Owner or hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any Contractor: rights and remedies available to any or all of them which 1. elects in writing to invoke any dispute are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other resolution process provided for in the Supplementary provisions of the Contract Documents. The provisions of I Conditions,or this Paragraph will be as effective as if repeated 2. agrees with the other party to submit the specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to Claim to another dispute resolution process,or which they apply. 3. gives written notice to the other party of their intent to submit the Claim to a court of competent 17.04 Survival of Obligations jurisdiction. A. All representations,indemnifications,warran- ties, and guarantees made in, required by, or given in ARTICLE 17-MISCELLANEOUS accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of 17.01 Giving Notice the Contract or termination of the services of Contractor. IA. Whenever any provision of the Contract 17.05 Controlling Law Documents requires the giving of written notice,it will be deemed to have been validly given if: A. This Contract is to be governed by the law of 1. delivered in person to the individual or to a the state in which the Project is located. member of the firm or to an officer of the corporation for 17.06 Headings whom it is intended,or A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. I 1 I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. s ■ I ' DOCUMENT 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented Iremain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General I Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below,which are applicable to both the singular and plural thereof. IARTICLE 1 -DEFINITIONS AND TERMINOLOGY SC-1.02 Add the following new paragraph immediately after Paragraph 1.02.F: IG. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words I "shall be" are included by inference where a colon (:) is used within sentences or phrases. I ARTICLE 2 -PRELIMINARY MATTERS SC 2.02.A Amend the first sentence of Paragraph 2.02.A by striking out the word "ten" and I inserting the word"five." ARTICLE 4 - AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL ICONDITIONS, REFERENCE POINTS SC-4.02 Delete 4.02.A and 4.02.B in their entirety and insert the following: IA. No reports of explorations or tests of subsurface conditions at or contiguous to the Site are known to the Owner or Engineer. IARTICLE 5 - BONDS AND INSURANCE ISC-5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing IEJCDC Form C-610 and C-615 (2002 Edition) or a similar bond form if approved by Owner. SC-5.03.B Delete Paragraph 5.03.B in its entirety and insert the following: IB. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence I provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. 000055-09157-0 00800-1 I ©2009 Bonestroo SUPPLEMENTARY CONDITIONS 1 C. By ' y r equiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. SC-5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General , Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation Insurance Coverage A - Statutory Coverage B - $500,000 Each Accident $500,000 Disease -Policy Limit $500,000 Disease- Each Employee 2. Commercial General Liability $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury 3. Comprehensive Automobile Liability $1,000,000 Combined Single Limit- Bodily injury and property damage. All owned, non-owned, and hired vehicles. 4. Umbrella Excess Liability 1 $1,000,000 Each Occurrence $1,000,000 Aggregate Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 5. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: Owner. , Engineer. 000055-09157-0 00800-2 ©2009 Bonestroo SUPPLEMENTARY CONDITIONS i ' SC-5.06.A Amend the first sentence of Paragraph 5.06.A to read: ' A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of$1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply ' with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. ' SC-5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving ' construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of ' Contractor until final acceptance of the Work. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ' SC-6.06 Add the following new paragraph immediately after Paragraph 6.06.G: ' H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. ' Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance ' of$100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be ' awarded its costs and disbursements, including attorney's fees included in bringing the action. SC-6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions"with the words "Division 1." SC-6.19.A Delete the words "representation of' in the second sentence. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ' SC-10.05.B Amend the first sentence of Paragraph 10.05.B by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.B by replacing the words "60 days"with the words "30 days." 1 000055-09157-0 00800-3 ©2009 Bonestroo SUPPLEMENTARY CONDITIONS ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC-13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.B5 Add the following new item immediately after Item 14.02.B5d: ' e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ' ARTICLE 16 -DISPUTE RESOLUTION SC-16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under , Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: ' 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC-16.02, or ' 2. agrees with the other party to submit the claim to another dispute resolution process. ' SC-16.02 Add the following new paragraph immediately after Paragraph 16.01: SC-16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof(except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC-16.01.A and 16.01.B, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC-16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. demand arbitration be fi in writin with the other a g p Contract and with The the selected for arbitrator or will arbitration led provider and a copy will brty e sent to the to Engineer for information. The demand for arbitration will be made within the 30 day period ' specified in Paragraph SC-16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such 000055-09157-0 00800-4 ©2009 Bonestroo SUPPLEMENTARY CONDITIONS i claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or ' consultants of any of them)who is not a party to this Contract,unless: 1. the inclusion of such other individual or entity is necessary if complete ' relief is to be afforded among those who are already parties to the arbitration; and ' 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the ' arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation ' of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of ' the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. ' END OF DOCUMENT i i 000055-09157-0 00800-5 SUPPLEMENTARY CONDITIONS ©2009 Bonestroo I IISECTION 01100 ISUMMARY IPART 1 GENERAL I1.01 SECTION INCLUDES p A. Basic description of the Project and Work restrictions. I1.02 SUMMARY OF WORK A. Project Name: 2009 Mill and Overlay for the City of Oak Park Heights, Minnesota. B. Description of Work: The Work includes mill and overlay and reclamation of various streets within the City of Oak Park Heights. I1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. IB. Final Completion: Set forth in the Agreement. I1.04 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.05 WORK RESTRICTIONS IA. Use of Site: 1. Location of construction facilities, staging areas, product stockpiles, Imaterial storage, and temporary construction are shown on the Drawings and shall be removed upon completion of Work. I2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during Iconstruction. 3. Keep existing driveways and entrances clear and available to the public Iand to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. I 000055-09157-0 01100-1 SUMMARY I ©2009 Bonestroo 5. Do not park vehicles or construction equipment on the frontage roads. I PART 2 PRODUCTS r Not Used. I PART 3 EXECUTION 1 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. 1 END OF SECTION 1 I I i I I I I 1 I 1 000055-09157-0 01100-2 ©2009 Bonestroo SUMMARY I 1 SECTION 01200 IPRICE AND PAYMENT PROCEDURES IPART 1 GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 ALTERNATES 1 A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information: I: 1. Alternate No. 1 -Norell Avenue North(Mill and Overlay)-includes a 2 inch full width mill and overlay on a portion of Norell Avenue. B. Alternates may be accepted by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. 1.03 BID UNIT PRICES IA. Provide access and assist Engineer in determining actual quantities of Bid Unit Price I work. B. Provide documentation to substantiate Bid Unit Price work. I C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the I materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. I1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction IConference. B. Submit 1 preliminary copy of progress payment application for review, consistent I with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. 1 000055-09157-0 01200-1 PRICE AND PAYMENT PROCEDURES II ©2009 Bones uoo 1 C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01330. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION i I I I I I I 000055-09157-0 I ©2009 Bonestroo 01200-2 PRICE AND PAYMENT PROCEDURES I SECTION 01310 IPROJECT MANAGEMENT AND COORDINATION A. requirements I PART 1 GENERAL 1 1.01 SECTION INCLUDES General re for overall Project coordination. 1.02 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: City of Oak Park Heights, Public Works 651-439-4439. 2. Sanitary Sewer: City of Oak Park Heights,Public Works 651-439-4439. 1 3. Storm Sewer: City of Oak Park Heights, Public Works (651)439-4439. 4. Electric: Xcel Energy,Hans Wenthe—651-779-3181. 5. Gas: Xcel Energy, Charlie Raush—651-748-3307. Qwest,Telephone: west, Jeff Gilbert—651-714-7529. p 7. ComCast, Brad Greenwaldt—952-607-4075. C. Owner requires 48-hours notice for all utility interruptions. 1.03 PERMITS A. Comply with the stipulations of the following permits,which have been applied for and will be furnished by the Owner: 1. Minnesota Department of Transportation(MnDOT)Permit for Installation of Utilities or Miscellaneous Work on Trunk Highway Right of Way. 01310-1 PROJECT MANAGEMENT 000055-09157-0 AND COORDINATION ©2009 Bonestroo 1 2. Minnesota Department of Transportation (MnDOT) Permit for Drainage Permit. 3. Washington County Right of Way Permit. B. Obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.04 SURVEYING AND CONSTRUCTION OBSERVATION I A. Provide Engineer a minimum of 48-hours notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. 1.05 PROJECT MEETINGS A. Administrative Requirements: 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. I 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference: 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for reconstruction submittals mittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01330. 1 C. Progress Meeting Procedures: res: 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. ' 000055-09157-0 01310-2 PROJECT MANAGEMENT C 2009 Bonestroo AND COORDINATION l PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 1 I I 1 I I I I 1 1 1 000055-09157-0 01310-3 PROJECT MANAGEMENT AND COORDINATION ©2009 Bonestroo SECTION 01330 SUBMITTAL PROCEDURES PART 1 GENERAL 1 1.01 SECTION INCLUDES A. General procedures and requirements for submittals during the course of construction. 1.02 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch by 17 inch sheets showing overall sequence of P Y construction.Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. I 000055-09157-0 01330-1 ©2009 Bonestroo SUBMITTAL PROCEDURES 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up,instruction of Owner, and clean-up. C. As Work progresses,revise,update,and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8-1/2 inch by 11 inch paper outlining 24 hour on-call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. I 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. I 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of Paragraph 6.17 of the General Conditions,except as modified herein. B. The minimum sheet size shall be 8-1/2 inches by 11 inches. Non-legible nches. Non legible copies will not be reviewed. C. Submit a minimum of 3 copies of p shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. I 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. I 000055-09157-0 01 330-2 ©2009 Bonestroo SUBMITTAL PROCEDURES I D. Engineer's review will be in conformance with the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 2. "Approved" — Appears that items covered by the submittal will, after I1. installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. "Approved as Noted" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents,except as noted by Engineer. 3. "Revise and Resubmit"— Appears that items covered by the submittal will not,after installation or incorporation into the Work,conform to the Contract Documents and will not be compatible with the design concept of the ' completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in Paragraph 6.17.E of the General Conditions. 4. "Rejected" — Work covered by the submittal is not complete or it appears that items covered by the submittal will not,after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the resubmittal procedures described in Paragraph 6.17.E of the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S.Postal Service general delivery. If Contractor wants Engineer to expedite return delivery,Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15-percent mark- up. 3.04 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000055-09157-0 m 2009 Bonestroo 01330-3 SUBMITTAL PROCEDURES I SECTION 01400 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Information required for conformance to regulatory requirements. B. Quality assurance. C. Procedures to measure and report the quality and performance of the Work. 1.02 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications,such reference shall mean"Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word"Engineer"is understood to refer to the Engineer for the Owner. 1.03 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for ' approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.04 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.05 TESTS AND INSPECTIONS A. Conform to the requirements of Article 13 of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. 000055-09157-0 01400-1 ©2009 Bonestroo QUALITY REQUIREMENTS C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory,facilitate tests and inspections for storing and curing of test samples. I 1.06 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report Engineer. ort to En ineer B. Include: Date issued, Project Title and number, name of inspector, date and time of sampling or inspection,identification of product and Specifications Section,location in the Project,type of inspection or test,date of test,results of tests,and conformance with Contract Documents. 1.07 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. ' 1.08 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of g q Contract Documents. B. Laboratory may not a pp rove or accept an y p ortion of the Work. C. Laboratory may not assume any duties of Contractor. ,I D. Laboratory has no authority to stop Work. 1.09 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. I 1.10 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation;quality of workmanship; start-up of equipment;and test,adjust,and balance of equipment. I 000055-09157-0 01400-2 ©2009 Bonestroo QUALITY REQUIREMENTS PART 2 PRODUCTS Not Used. 1 PART 3 EXECUTION 1 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION I I 1 I 1 1 I 1 I I I 000055-09157-0 01400-3 ©2009 Bonestroo QUALITY REQUIREMENTS SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES ' A. Temporary utilities and miscellaneous temporary facilities required during p �' construction. 1.02 REFERENCES A. Minnesota Department of Transportation"Standard Specifications for Construction," 2005 Edition(MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices(MMUTCD),including the Field Manual on Temporary Traffic Control Zone Layouts—Latest edition. C Minnesota Department of Transportation Traffic Engineering Manual. 1.03 SUBMITTALS A. Construction Staging Plan consistent with 3.03 of Section 01330. Plan shall include the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with 3.03 of Section 01330. Plan shall include the following information: ' 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. i PART 2 PRODUCTS Not Used. 000055-09157-0 01500-1 TEMPORARY FACILITIES AND CONTROLS ©2009 Bonestroo PART 3 EXECUTION , 3.01 MOBILIZATION I A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. I B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. , • C. Temporarily hold or relocate utilities and any miscellaneous structures,such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove,store carefully, replace all signs,p gns,posts,etc.that maybe in conflict with construction on the Site as directed by Engineer. B. Remove existing mailboxes and posts on Osman Avenue North. Temporarily install in locations determined by Engineer or as shown on Drawings. Replace mailboxes prior to Substantial Completion.Removal,temporary reinstallation,and replacement shall occur such that mail delivery is not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge I to Owner. 3.03 TEMPORARY UTILITIES I A. Provide and maintain all temporary facilities,utilities,and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction: I 1. Use of new or existing hydrants is prohibited,except for testing and flushing of newly installed mains. 2. Obtain water for construction from locations designated by the Owner. C. Temporary Water for Construction: 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow preventor assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. I 2. Owner will pay for the costs of the water. 000055-09157-0 01500-2 ©2009 Bonestroo TEMPORARY FACILITIES AND CONTROLS ■ I I3.04 CONSTRUCTION FACILITIES IA. Sanitary Facilities: 1. Comply with all governing regulations,including safety and health codes,for 1 sanitary fixtures and facilities. I 2. Provide self-contained toilet units,or water and sewer connected temporary toilet facilities,consistent with governing regulations.Contractor may not use Owner's toilet facilities. 1 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide Iappropriate covered waste containers for used material. 3.05 TEMPORARY CONSTRUCTION IIA. Pumping and Dewatering: I 1. Provide draining,pumping,dewatering,and cleaning operations necessary to complete the Work. 1 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. I3. Protect Site and adjacent property to avoid damage. 3.06 TRAFFIC CONTROL A. General: 1 1. The Contractor shall provide and maintain all traffic control devices in I accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic I control device. The parking of workers'vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 1 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or I equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer,to warn and protect traffic. I 000055-09157-0 01500-3 ©2009 Bonestroo TEMPORARY FACILITIES AND CONTROLS I 4. The Contractor shall conduct his work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. I 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. ' B. Construction Staging Plan: 1. Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept,reject,or suggest alterations to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum through-lane lane widths of 10 feet will be maintained at all times. c. 2-way traffic(1 lane in each direction)will be maintained at all times. i d. The Contractor may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without approval of the Engineer. e. Provide access for emergency vehicles and busses to all residences at all times. f. The Contractor will re-establish access to all driveways at the end of each day. g. For all traffic lane switches, interim pavement markings shall be installed in accordance with Chapter 8 of the Traffic Engineering Manual. There will be no direct compensation for interim pavement markings. h. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD"and"END ROAD WORK"signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets. i. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. 1 000055-09157-0 01500-4 ©2009 Bonestroo TEMPORARY FACILITIES AND CONTROLS Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light: 1 1 1.1 All Contractors',subcontractors',and suppliers'mobile equipment,which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360-Degree Rotating Lights - SAE Specification J845. b. Flashing Lights - SAE Specification J595. Flashing Strobe Lights - SAE Specification J1318. Ic. D. Temporary Lane Closures: . Temporary Lane Closures shall conform to the following: a. A"short-term"lane closure, or traffic restriction, shall be one that is in-place only during the Contractor's work hours. b. Temporary "short-term" lane closures by the Contractor, consistent p with time restrictions, will be permitted during those hours and at those locations approved by the Engineer.Requests for"short-term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. c. Application of traffic control devices shall be in accordance with the Field Manual. ' d. Lane closures will not be permitted during inclement weather,nor any other time when,in the opinion of the Engineer,the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor,the closure shall be incidental work and no direct compensation will be made therefore. 000055-09157-0 01500-5 TEMPORARY FACILITIES AND CONTROLS ©2009 Bonestroo E. Traffic Control Devices: 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual. Flagpersons are required to protect construction vehicles during unloading of construction materials. 3. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. 4. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. 5. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic, natural causes, or when requested by Engineer. F. Failure to Complete The Work On Time: 1. The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non-compliance charges, for each incident, will be assessed at a rate of$250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 2. The Contractor will be subject to an hourly charge for failure to remove temporary lane restrictions within the permitted hours,unless authorized b , the Engineer.Non-compliance charges,for each incident,will be assessed at a rate of$500 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 3.07 TEMPORARY BARRIERS AND ENCLOSURES I A. Temporary Barriers: 1. Provide temporary covers, enclosures,markers, and barriers protect Work. s as necessary to 000055-09157-0 01500-6 ©2009 Bonestroo TEMPORARY FACILITIES AND CONTROLS i 2. Damage to the Site caused by removal of temporary fencing, including portholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Mforlalltwork and costs of this Bid Item. The will be considered payment in full amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid: 1. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: g p Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original contract amount earned—25 70 Percent of original contract amount earned—50 90 Percent of original contract amount earned— 100 100 B. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum: This shall be considered payment in full for all labor, equipment, and materials associated with the required traffic control devices for the entire I1. Project. 1 2. This Bid Item shall include but not be limited to furnishing, installing, and relocating the traffic control due to various road closures,daily maintenance, ultimate removal of all such devices used over the duration of the land Contract or as directed by the Engineer: 3. Partial payment of the Lump Sum Item"Traffic Control"will be made using ' a percentage based on the following: Cumulative Percent of ' Traffic Control Item Paid First Partial Payment 50 Percent of original Contract amount earned— 25 70 Percent of original Contract amount earned— 50 90 Percent of original Contract amount earned— 100 100 1 1 END OF SECTION 000055-09157-0 01500-7 TEMPORARY FACILITIES AND CONTROLS ©2009 Bonestroo I ISECTION 01570 TEMPORARY EROSION AND SEDIMENT CONTROL 1 PART 1 GENERAL 1.01 SECTION INCLUDES IA. Managing stormwater runoff and other Project related water discharges to minimize sediment pollution during construction. 1 1.02 REL ATED SECTIONS A. Section 02315 —Excavation and Fill. B. Section 02920—Lawns and Grasses. 1.03 REFERENCES ' A. Minnesota Department of Transportation"Standard Specifications for Construction," 2005 Edition(MnDOT Spec.). B. MPCA's NPDES General Stormwater Permit for Construction Activity. 1.04 SUBMITTALS A. Contractor Prepared Schedules and Plans: I1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2D and submitted each week that construction is active. 1.05 PERMITS I A. Project does not disturb 1 or more acres of total land area and is not part of a larger common plan of development or sale that will ultimately disturb 1 or more acres. Submission of the application for the MPCA's General Stormwater Permit for Construction Activity is not required. I1.06 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. IB. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction,h rl Su rap Supplement permanent erosion and seeding, edgment directly incorporated into pp TEMPORARY EROSION AND ' ©20009 9-09157-0 0020 01570-1 SEDIMENT CONTROL Bonestroo 1 control BMPs with temporary BMPs. Place temporary BMPs when permanent ' erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. C. Establish permanent turf in accordance with Section 02920 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. ' A. Machine sliced. 2.02 HYDRAULIC SOIL STABILIZER(HYDROMULCH) A. Conform to MnDOT Spec. 3884. 1 B. Type 5— 100-percent wood fiber mulch. 2.03 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved pp equal. c. Filter bag insert conforming to MnDOT Spec. 3890.3 subject to Site and approved by the Engineer. 2.04 DUST CONTROL ' A. Water clear and free from suspended fine sediment. I 000055.09157-0 i ©2009 09157 roo TEMPORARY EROSION AND 01570-2 SEDIMENT CONTROL PART 3 EXECUTION 1 3.01 GENERAL A. Comply with all applicable laws,ordinances,regulations,permit requirements,orders and decrees pertaining to erosion/sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. Minimize the amount of disturbed land that is susceptible to erosion at any time. ' Delineate areas not to be disturbed: 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation. 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet ' minimum distance) along water courses. 3.02 INSTALLATION General:Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. The location of temporary stormwater and sediment control devices maybe adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. ' Silt Fence: Conform to MnDOT Spec. 2573.3C: Install in the locations shown on the Drawings using the machine sliced I1. installation method,unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate,placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost,bedrock. 3. Use short sections of silt fence placed in J-hook patterns to: ' a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1/4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 01570-3 TEMPORARY EROSION AND 000055-09157-0 SEDIMENT CONTROL ©2009 Bonestroo 1 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary,make splices at an opposing fence post and according to the manufacturer's specifications. D. Hydraulic Soil Stabilizer(Hydromulch): I 1. Apply hydromulch in conformance with MnDOT Spec. 2575.3H. 2. Raking or harrowing of soil/seed and slope(cat)tracking shall be done before installation of hydromulch. g 3. Apply hydromulch in at least 2 opposing directions so that a g shadowing effect leaving the back side of a soil clod unprotected is minimized. 4. Application Rate for Slopes Steeper Than p n 1:4: 2,800 lbs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 lbs per acre. E. Storm Drain Inlet Protection: 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or 111 stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M,NPDES permit, and as follows: ' 1. Inspect,maintain,and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re-establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and ' sedlment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until 111 they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. I 000055-09157-0 ©2009 09157-Bonestroo TEMPORARY EROSION AND 01570-4 SEDIMENT CONTROL B. 1 b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non-functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures,the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding/mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re-established several times throughout the duration of the Work. Sediment Removal: Conform to MnDOT Spec. 2573.3N: 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces,to reduce on and offsite damage,to prevent health hazards, and to improve traffic safety. 3.04 MEASUREMENT AND PAYMENT A. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in i full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. B. Measurement will be based upon the units as listed below for Bid Items removed, abandoned,or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the pp following Bid Items. 80-percent partial payment will be made upon installation and ' 20-percent payment will be made upon removal and restoration: I1. Silt Fence: Payment will be by type. the osts will be section along o base fence. the fence, from outside to outside p 2. Storm Drain Inlet Protection Per Standard Detail ERO-4C: Measurement will be by each. 3. Class III Random Rip Rap: Measurement will be by cubic yards. TEMPORARY EROSION AND 000055-09157-0 01570 5 SEDIMENT CONTROL ©2009 Bonestroo 1 C. All other Work and costs of this Section shall be incidental to the Project and I included in the TOTAL BASE BID. 1 END OF SECTION 1 1 1 i 1 1 1 1 1 000055-09157-0 ©2009 09157 roo TEMPORARY EROSION AND 01570-6 SEDIMENT CONTROL SECTION 01700 ' EXECUTION REQUIREMENTS q PART 1 GENERAL 1.01 SECTION INCLUDES A. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 SUBMITTALS ' A. Submit the following items consistent with the Conditions of the Contract and Division 1 Sections: ' 1. Record Documents, Written Notification of Substantial Completion, Executed Certificate of Substantial Completion,Written Notification of Final Completion,Spare Parts,Operation and Maintenance Manuals,instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. ' 2. Final Application for Payment, including accompanying documentation and IC-134 Form. PART 2 PRODUCTS ' Not Used. ' PART 3 EXECUTION PAR ' 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work,Contractor construes acceptance ' of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work,inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 000055-09157-0 01700-1 EXECUTION REQUIREMENTS ©2009 Bonesuoo 1 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. ' C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust.Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. ' D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective work. Contractor will be given 12 hours from the notice to clean Site.After the 12 hour period,Owner may correct the defective work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION ' A. Clean and protect work in progress and adjoining work during handling and installation. Apply protective covering on installed work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 000055-09157-0 ' ©2009 Bonestroo 01700-2 EXECUTION REQUIREMENTS 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new work to ' existing conditions. B. C. Remove or cut existing work only as necessary to join the new work to the existing ' construction or as required by the Contract Documents. ' Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. E. Repair any damage to existing conditions and patch to match. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of ' Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. ' 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all ' subcontractors shall complete Minnesota Department of Revenue Revised Form IC-134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by 1173, St.Paul,MN 55146 11 Department or by calling Revenue,Forms Section,Mail Station (651) 296-4444. 3.07 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 1 000055-09157-0 01700-3 EXECUTION REQUIREMENTS ©2009 Bonestroo I SECTION 02225 REMOVALS PART 1 GENERAL 1.01 SECTION INCLUDES A. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. 1.02 RELATED SECTIONS A. Section 02315 —Excavation and Fill. 1.03 REFERENCES Department of Transportation"Standard Specifications for Construction," A. Minnesota Departm p 2005 Edition(MnDOT Spec.): 1. 2104—Removing Pavement and Miscellaneous Structures. ' 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the ' Contractor, including disposal of material. B. Salvage: To dismantle,disassemble,or remove a workable without damage solthe e tem ' can be re-assembled, replaced, or reused in existing before removal. ' 1.05 REGULATORY REQUIREMENTS ' A. Conform to MnDOT Spec. 2104.3C,with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations ' provided by Contractor. 1 000055-09157-0 02225-1 REMOVALS ©2009 Bonestroo 1.06 SCHEDULING A. Prior to starting Work,submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. g tely. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. ' PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items tems removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws,regulations,statutes,etc. B. Perform removal work without is damaged, the Contractor shall patch, repair,noreotherw otherwise orersamh Work original condition at no expense to the Owner. same to its C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least ossible disturbance to the public and occupants of buildings. p bance E. Fill holes resulting from removals consistent with Section 02315. 3.02 EXAMINATION ' A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. B. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. 000055-09157-0 , ©2009 Bonestroo 02225-2 REMOVALS I 3.03 PROTECTION 1: A. Take all necessary precautions to adequately protect personnel and ublic the private of property in the areas of Work. All Site fencing shall any removal work. B. All street signs, traffic control signs, guy wires, mailboxes,posts,wood fence, etc. which may interfere with construction shall be removed,stored safely,and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing made,materials handled,oo remain where removal work is being done,connections equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.05 REMOVE BITUMINOUS PAVEMENT,PATH,DRIVEWAY A. B. Remove in accordance with MnDOT Spec. 2104.3B, except as modified below. Sawcut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. C. Prior to restoring trench areas, the edges of the trench shall be line trimmed he tencho a vertical face on a straight line which is parallel with the cent I 02225-3 REMOVALS 000055-09157-0 ©2009 Bonestroo I 3.06 REMOVE CURB AND GUTTER A. Sawcut at removal limits. B. Concrete Curb and Gutter:Do not form for new construction(assumed 112 nch s maximum from the back limits required to and 6 inches beyond the edge of new driveways). back ofnew work C. Bituminous curb: Removal shall be separate from bituminous pavement. Do not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new work and 6 inches beyond the edge of new driveways). 3.07 PAVEMENT MILLING A. Bituminous: 1. Sawcut at removal limits prior to milling process. 2. Mill bituminous surface to the depth specified as shown on the Drawings or as directed by the Engineer. g 3.08 REMOVE CONCRETE SURFACING A. Work includes sidewalks,pedestrian ramps, medians, and driveways. B. Sawcut concrete surfacing prior to removal. C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. When removing existing sidewalks, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 6 inches maximum beyond and 8 inches maximum below existing grade). E. When removing existing driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12 inches maximum from the back of new Work and 6 inches beyond the edge of new driveways). 3.09 REMOVE BITUMINOUS SURFACING A. Work includes pathways and driveways. B. Sawcut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved b y the Engineer. 000055-09157-0 c 2009 Bonestroo 02225-4 REMOVALS I C. Remove bituminous in such a manner that the remaining surfacing is not damaged. pathways and driveways, the Contractor shall not disturb When removing existing p Y aterial beyond the limits required to form for new inches beyctio the(assumed 12 inches maximum any m from the back of new Work and 6 i new driveways). 3.10 REMOVE AND REPLACE CONCRETE CURB AND GUTTER is work shall be completed as shown in the Drawings, and at the direction of the A. This Engineer. 3.11 SALVAGE AND REINSTALL A. Signs: 1. In no case shall a traffic sign or street sign given to Engineer and then only Contractor without prior notification being gl installation or after satisfactory arrangements have been made for a temporary its disposition: a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. and salvage all posts, A-frame angle brackets, stringers, as well as 2, Remove a g the nuts,bolts, and washers. care against damage to in-place signs during storage and 3.2. Exercise reasonable g installation. 4, Remove signs damaged during construction and replace with new signs. B. Mailboxes: 1 Remove and salvage existing mailboxes that activities. with the Work or whose access is restricted by the construction Place at temporary locations as directed by Engineer or as shown on Drawings. Removal, temporary re-installation, and replacement shall occur such that 3 interrupted. mail delivery is not interrup 4. Reinstall in locations as shown on Drawings or as directed by Engineer. 02225-5 REMOVALS 000009 Bo es 0 ©2009 Bonestroo 5. Mailboxes, posts, and appurtenances damaged during construction shall b replaced with new at no charge to Owner. be 3.12 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the same shape,dimension,loc quality of the original item prior to construction. anon,and B. Items damaged during removal or salvaging operations shall be relaced material of equal type and quality of the damaged item when it was new. with new 3.13 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations.Burying of material and debris i allowed within the Site. snot 3.14 MEASUREMENT AND PAYMENT A. Bid Items have been provided for removal items.Payment be considered compensation in full for all Work necessary to complete l the Bid Item in full, including removal, salvage, storage, disposal, and P d reinstallation. B. Measurement will be based upon the units as listed below for items or salvaged complete as specified. s removed, removals that are not required. The actual quantity s emovedwmube liedde by of the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: the 1. Sawing Bituminous Pavement: Per lineal foot along the saw cut line staked by Engineer. as 2. Remove Bituminous Pavement: Per square yard without regard to thickness, including integral bituminous curb. Saw-cutting shall be considered incidental. 3. Remove Bituminous Driveway: Per square yard without regard to thickness, including integral bituminous curb. Saw-cutting shall be considered incidental. 4. Remove Concrete Sidewalk: Per square foot without rear Saw-cutting shall be considered incidental. g d to thickness. 5. Remove Bituminous Curb: Per lineal foot. 6. Remove and Replace Concrete Curb and Gutter: Per lineal foot. 000055-09157-0 ©2009 Bonestroo 02225-6 REMOVALS I Per square yard. 1. Mill Bituminous Pavement(2 Inches Deep): q y g. Mill Bituminous Pavement(1-1/2 Inches Deep): Per square yard. 9. Crack Repair, 1 Foot Wide Mill (1.5 Inch Depth): Per ide lineal costsrelatedto milled,according to width and depth.Payment will inc milling the cracks as directed by Engineer,including d b osal bituminous millings off of the Site, cleaning and tacking exposed edges, (LVNW35030B—Type LV 3 Non Wearing Course Mixture,B). 1 1 10. Salvage and reinstall signs and mailboxes will be incidental. 1 C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 1 I i 1 I I I I I 02225-7 REMOVALS 000055-09157-0 ©2009 Bonestroo SECTION 02280 ADJUST MISCELLANEOUS STRUCTURES PART 1 GENERAL 1 I 1.01 SECTION INCLUDES A. Adjustment of utility structures. 1.02 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A48—Specification for Gray Iron Casting. 2. A240—Specification for Heat—Resisting Vessels. Chromium—Nickel Stainless Steel Plate Sheet and Strip for Pressure 3. C6—Specification for Normal Finishing Hydrating Lime(Mortar). 4. C141 — Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 5. C150—Specification for Portland Cement(Concrete Rings/Mortar). 6. C923—Specification for Resilient Materials. Between Reinforced Concrete Manhole Structures,Pipes, a 7. D1248—Polyethylene Plastics Molding and Extrusion Materials. 8. F593 —Specification for Stainless Steel Bolts,Hex Cap Screws, and Studs. 9. F594—Specification for Stainless Steel Nuts. B. Minnesota Department of Transportation"Standard Specifications for Construction," 2005 Edition(MnDOT Spec.): 1. 2506—Manholes and Catch Basins. 2. 3733 —Geotextiles. I 000055-09157-0 02280-1 ADJUST MISCELLANEOUS STRUCTURES ©2009 Bonestroo I 1.03 DEFINITIONS A. Adjust Frame and Ring Casting: A change in rim elevation accomplished for manholes or catch basins through the addition or removal of adjustment rings only. Adjustment does not include the addition or removal of sections from the structure. B. Adjust Valve Box: A change in elevation of the top of the valve box accomplished through the raising or lowering of the existing top section of the valve box only. Adjustment does not include the addition or removal of sections from the valve box. C. Remove and Replace Adjustment Rings: The process of removing the existing concrete adjustment rings from an existing structure and placing new rings on manholes and catch basins. 1.04 SEQUENCING AND SCHEDULING A. Contractor, Engineer, and Owner shall inspect all existing structures prior to beginning construction. B. Owner will remove any foreign material found in the existing structures prior to construction. Contractor is responsible for removing any foreign p the structures during construction. g y material that enters PART 2 PRODUCTS 2.01 ADJUSTING RING A. High-Density Polyethylene (HDPE): 1. Molded high-density polyethylene conforming to ASTM D1248. 2.02 ADHESION MATERIALS A. Ram-Nek material, or approved equal. I B. Sealant(For HDPE Rings): 1. DOW 999—A building caulking g and glazing sealant, or approved equal. 2. Open cell polyurethane foam sealant with adhesive backing. 2.03 GEOTEXTILE A. Woven filter fabric, 4-1/2 ounces for use in conjunction with HPDE rings. 000055-09157-0 ©2009 Bonestroo 02280-2 ADJUST MISCELLANEOUS STRUCTURES I 1 PART 3 EXECUTION II3.01 GENERAL A. The necessary vertical alignment will be determined by the Engineer and generally as Iindicated on the schedule of adjustments. B. Where existing frame is within 0.10 feet of grade,no adjustment is to be made. C. The frame shall be raised or lowered to match the street or gutter. ID. Protect existing structures from damage. E. Prevent sand, concrete, or any other debris from entering the structures. 3.02 PREPA RATION I: A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 3.03 ADJUST FRAME AND RING G CASTING A. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. iB. HDPE Adjusting Ring: 1. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first ring. 2. Install adhesive for adjusting rings as per the following: Type of Sealant Location of Sealant 3/4 inch by 3/4 inch open cell Between casting and last ring: polyurethane foam sealant and 1/2-inch bead of DOW 999: intermediate rings: Between inte 1/2-inch bead of DOW 999: Between cone/top slab and first 3/4 inch by 3/4 inch open cell polyurethane foam sealant and 1/2-inch ring: bead of DOW 999: a. Sealant to be placed around entire circumference of each unit with no I gaps. 000055-09157-0 02280-3 ADJUST MISCELLANEOUS STRUCTURES ©2009 Bonestroo I 3. Utilize the flat and sloping units to match the at the location of the structure. he required grade and slope of the 4. Minimum of 2, maximum of 5 rings allowed. 5. Wrap entire casting and ring system with geotextile. For structures with cone section,geotextile wrap to extend over a minimum length of 18 inches of the cone. 3.04 ADJUST VALVE BOX A. Adjust box by screwing top section up or down. B. Prevent sand, chunks of concrete, or any other debris from entering the valve box: 1. Short sections inserted inside the existing top section are not allowed to perform adjustment, unless specified. C. Install approved sections as needed. D. Patch road to match existing pavement section. 3.05 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surfacing below the rim of the adjustment structure will require removal and replacement of the bituminous surfacing at the Contractor's expense. B. Protect all existing structures during the course of the Work. C. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. 3.06 MEASUREMENT AND PAYMENT A. Bid Items have been provided for various adjustments. Payment at the Bid Unit Price for all items is considered compensation in full for all materials and Work required to furnish and install the Bid Item in place. B. Adjust Manhole Casting, Including New HDPE Adjusting Rin s: A Bid It been provided for Adjust Manhole Casting,Including g em has Measurement will be by each. g New HDPE Adjusting Rings. 000055-09157-0 ©2009 Bonestroo 02280-4 AWUST MISCELLANEOUS STRUCTURES I 1 1 C. Adjust Catch Basin Casting,Including New HDPE Adjusting Rings: A Bid Item has been provided for Adjust Catch Basin Casting, Including New HDPE Adjusting Rings. Measurement will be by each. D. Adjust Valve Box: A Bid Item has been provided for Adjust Valve Box. Measurement will be by each valve box adjusted. E. All other Work and costs of this Section shall be incidental to the Project and 000055-091 7-0 included in the TOTAL BASE BID. END OF SECTION I t I 1 I I I I I I I 5 02280-5 ADJUST MISCELLANEOUS STRUCTURES ©2009 Bone stroo I SECTION 02315 EXCAVATION AND FILL PART 1 GENERAL 1.01 SECTION INCLUDES A. Hauling excess reclaim material off Site. 1.02 RELATED SECTIONS A. Section 02225 -Removals. B. Section 02318 - Subgrade Preparation. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition(MnDOT Spec.): 1. 2105 -Excavation and Embankment. 2. 3149 - Granular Material. 1.04 SUBMITTALS A. None. 1.05 DEFINITIONS A. The definitions of the different classifications of excavation here in borrow material shall conform to MnDOT Spec. 2105.2, or as modified 1. Removal of Excess Reclaim Material: removing and disposing of excess reclaimed material on Osma n Avenue North. 1 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. PART 2 PRODUCTS Not Used. 02315-1 EXCAVATION AND FILL 002009-Bonest0 ©2009 Bonestroo I PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A or mo I defied herein: 1. Establish traffic control prior to excavations. I 2. Excess reclaimed material from Osman Avenue North above and beyond I that needed for the aggregate base shall be properly disposed of at a location off of the Site: a. The resulting reclaimed material could contain diesel range organics (DRO) which must be disposed of in accordance with MPCA requirements. I3.02 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Removal of Excess Reclaim Material. Measurement will be per cubic yard (loose volume) of material hauled off the Site, Osman Avenue North, by means of a truck count. Payment will include all costs related to removing and disposing of material off the Site. Quantities were estimated assuming removal of 2-inches reclaim material the entire length of Osman Avenue North. B. All other Work a nd costs of thi i this Section shall be incidental to the Project and included in the TOTAL BASE BID. 11 END OF SECTION 1 I I I I I I00055-09157-0 ©2009 Bonestroo 02315-2 EXCAVATION AND FILL I SECTION 02318 SUBGRADE PREPARATION IPART 1 GENERAL 1.01 SECTION INCLUDES A. Grading, shaping, and compacting reclaim subgrade material prior to placing bituminous base or surface course. 1.02 RELATED SECTIONS A. Section 02315 -Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition(MnDOT Spec.): 1. 2105 -Excavation and Embankment. 2. 2111 -Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQ UENCING AND SCHEDULING A. Subgrade preparation of the reclaim material shall be performed following placement of the concrete curb and gutter. 1 PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross-section. B. Conform to MnDOT Spec. 2211.3: 1. Compact by mechanical means to 100-Percent Standard Proctor Density. 02318-1 SUBGRADE PREPARATION 000055-09157-0 ©2009 Bonestroo I 3.02 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the reclaim base I materials, determine the moisture/density relationships and gradation, and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate conformance to specified tolerances by the `"stringl nesumethodlp or to approval a to pave the surface. Grade shall be± 0.03 feet of grade. 3.03 PROTECTION A. Protect aggregate base until it is covered j d by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered b paving. by surface C. Place water on aggregate base for dust control as required eliminatin nuisanc conditions for adjacent properties. g e 3.04 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Subgrade Preparation. Measurement by the units of square yards and will be from the front edge of the curb to the afi b t edge of the curb (i.e. width of the final bituminous wearing course). on B. Payment at the Bid Unit Price shall include all costs related to erformin Work in accordance with these Specifications, includin shaping, d the compacting, tolerancing, and test rolling. including p g, Fading, C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION I I I 000055-09157-0 ©2009 Bonestroo 02318-2 SUBGRADE PREPARATION I SECTION 02740 PLANT MIXED ASPHALT PAVEMENT PART 1 GENERAL 1.01 SECTION INCLUDES A. Hot plant mixed asphalt-aggregate mixtures for wearing and non-wearing pavement courses. B. Bituminous tack coat. 1.02 RELATED SECTIONS A. Section 02280 - Adjust Miscellaneous Structures. B. Section 02770 - Concrete Curb and Gutter. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition(MnDOT Spec.): ed version of MnDOT Specification 2360 Plant 1. Attached Bonestroo Modified Mixed Asphalt Pavement (Combined 2360/2350 (Gyratory/Marshall Design) Specification) -Dated 12-23-08. 2. 2357 -Bituminous Tack Coat. 3. 2535 -Bituminous Curb. 4. 2321 -Road-Mixed Bituminous Surface. 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.3E and 2360.4F, and Division 1. B. Contractors shall submit mix design report for all projects, regardless of the size of the project. C. Contractor shall submit Q/C results in accordance with MnDOT Spec. 2360.4F. PLANT MIXED ASPHALT PAVEMENT PROJECTS NT 00000 Bonest0 02740-1 ©2009 Bonestroo I 1.05 SEQUENCING AND SCHEDULING A. Aggregate base and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48-hours notice for scheduling and noticing of the residents prior to paving operations. C. Adjust structures prior to placement of bituminous wearing course as specified i Section 02280. p in D. Bituminous cores for testing shall be taken 12 to 48 hours after paving operations. P PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.1, except as modified in the Drawings. B. Conform to MnDOT Section 2360.2, except as modified herein: 1. Scrap Asphalt Shingles (2360.2A2h) are not allowed in wear and non- wear course pavements. 2. Sewage Sludge Ash (SSA) (2360.2A2' 1 bituminous wear or non-wear course pavements. be allowed in either C. Bituminous Tack Coat: 1. Bituminous Material: Conform to MnDOT Spec. 2357: a. Emulsified Asphalt, Cationic, CSS-1 or CSS-1H. D. Mixture Design: Conform to MnDOT Spec. 2360.3. E. Mixture Quality Management agement (Quality Control/Quality Assurance): Conform to MnDOT Spec. 2360.4, except as modified herein: 1. Quality Control (QC) Testing: The Contractor will be allowed to provide historical testing data from the previous 3 days of production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.4-E for Course Aggregate Angularity and Fine Aggregate Angularity. The Contractor will be allowed to provide historical testing data from the previous 10 days of Contractor production for each mixture type to meet the Production Sampling and Testing Rates indicated in 000055-09157-0 ©2009 Bonestroo PLANT MIXED ASPHALT PAVEMENT 02740-2 MUNICIPAL PROJECTS I Table 2360.4-E for TSR, Aggregate Specific Gravity, and Asphalt Binder Content. 2. Quality Assurance testing will be complete d 4 at hand 2360.4-E:of the Engineer,testing rates will not exceed Table sample will be taken by the Engineer. The a. A verification samp Contractor will be required to use the verification comp anion sample as part of the QC testing program. IPART 3 EXECUTION 3.01 GENERAL IA Conform to the requirements of MnDOT Spec 2360.5, except as modified herein. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). The proposed sequence shall address the: longitudinarsea seams, compaction, traffic C. p control,hauling routes, and placement of pavement g D. Preparation of Bituminous Non Wear Course: III 1. Final clean up of the bituminous surface with the use of a power pickup broom and front end loader. 2. Adjust structures conforming to the requirements of Section 02280. E. Joints: Where new construction meets existing bitum tack coat applied prior surface shall be uniformly saw-cut straight, and bituminous to placement of each bituminous course (lift). 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.5B, except as modified herein. B. All street surfaces checked and approved by the Engineer prior to paving. C. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. g D. d Wearin course shall not be placed when the air temperature in the approved be the away from artificial heat is 50 degrees or less, unless otherwise app Engineer. I PLANT MIXED ASPHALT PAVEMENT PROJECTS NT 000009 Bones-0 02740-3 ©2009 Bonestroo I 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.5C. 3.04 TREATMENT OF SURFACE except r C.A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, herein. cept as modified B. Restrictions: 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. Equipment: Conform to MnDOT Spec. 2321.3C1. D. Road Surface Preparation: Conform to MnDOT Spec. 2357.3C. IE. Application: 1. At a uniform rate conforming to MnDOT Spec. 2357.3D1, but not greater than 0.05 gallon per square yard. 2. Along the front edge of the concrete curb and gutter, prior to placement of bituminous base. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.6, except as modified herein: 1• Pathways, Driveways,Y , veways, Small Parking Lots, Leveling Courses, and Patching shall conform to Section 2360.6C — Ordinary Compaction Method. 2. All other Pavement Density shall conform to Section 236 Maximum Density Method. 0.6B — I 000055-09157-0 ©2009 Bonestroo PLANT MIXED ASPHALT PAVEMENT 027404 MUNICIPAL PROJECTS 3. Modify Table 2360.6-B2a Lot Determination as indicated below: Dail Production Tons Lots 200 to 1,000 1,001 to 2,000 2,001 to 3,600 3,601 to 5,000 4 5,001 + 6 Daily production 0 to 200 tons is at the discretion of the Engineer. 4. Modify Table 2360.6-B4 "Payment Schedule for Maximum Density" as indicated below. This modification is intended to eliminate incentive payments for pavement density: Table 2360.6-B4 Pa ment Schedule for Maximum Densi Percent of Max Specific Gravity SP Wear Percent of Max Specific Gravity(2) Percent SP Non-Wear pa ent All MV and LV, SP Shld (4 Percent Void) SP Shoulders (3 Percent Void) 100 94.6 and above 100 93.6 and above 94.1 to 94.5 93.1 to 93.5 93.0 to 94.0 100 92.0 to 93.0 92.0 to 92.9 98 91.5to91.9 91.5t091.9 95 90.5 to 90.9 91.0 to 91.4 91 90.0 to 90.4 90.5 to 90.9 85 89.5 to 89.9 90.0 to 90.4 70 89.0 to 89.4 Less than 90.0 Less than 89.0 B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.7, except as modified herein: 1. Delete Section 2360.7C Pavement Smoothness. B. Structure Adjustment-Conform to Section 02280 for tolerances. I ' PLANT MIXED ASPHALT PAVEMENT PROJECTS 000009 Bo estr 02740-5 ©2009 Bonestroo I 3.07 MEASUREMENT AND PAYMENT A. Method of measurement and payment shall conform to MnDOT Section 2360.8, except as modified herein. B. A Bid Item has been provided for Bituminous Material for Tack Coat: 1. Measured by volume in gallons at 60 degrees g s F. 2. Payment for bituminous material used for Tack Coat includes I compensation in full for all costs incidental to the furnishing and application at the Bid Unit Price per gallon. 3. Cleaning of all debris and dirt from the to placement of Tack Coat is included in the Bid Unit for Tack Coat. :1 4. Payment for tacking exposed edges concrete curb and gutter in conjunction nction existing with base bituminous surfaces and considered incidental to the placement of the base course. placement is C. Bid Items have been provided for different types of bituminous mixtures: 1• Measured by the weight ' g in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the Bonestroo Modified MnDOT Combined 2360/2350 (Gyratory/Marshall Design) Specification. The Owner has removed the density incentive payments for this specification. 2. Payment for bituminous patching and replacement at driveways and parking lots shall be measured by the weight in tons of material placed and as part of the associated street wear course paving Bid Item. d 3. Partial payment will not exceed 70 percent of the total calculated payment ' until the required testing and product documentation is received and found to be acceptable to the Engineer. D. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. 1 END OF SECTION I 000055-09157-0 I ©2009 09157 oo PLANT MIXED ASPHALT PAVEMENT 02740-6 MUNICIPAL PROJECTS i ■ I 1 BONESTROO MODIFIED 2360 PLANT MIXED ASPHALT PAVEMENT I Combined 2360/2350(Gyratory/Marshall Design)Specification December 23,2008 S This Specification requires the Contractor to provide a mix that complies with all of the design, production,and placement requirements of fwith one The of haisnspec specification guarantees that the Contractor warranty,either express or implied,that compliance I will meet the other aspects of the specification. All Sections titled 2360 also apply to 2350. 111 2360.1 DESCRIPTION This work consists of the construction of one or more pavement courses of hot plant mixed with r asphalt-aggregate mixture on the approved prepared foundation,base course or existing s u faces shown oce in the plans the specifications and in conformity with the lines,grades,thicknesses and typical or established by the Engineer. Mixture design will be either 2360 or 2350(gyratory or Marshall)as described in the Special Provisions through the mixture designation. 1 A Mixture Designations Mixture designations for asphalt mixtures contain the following information: (1) The first two letters indicate the mixture design type: SP=Gyratory Mixture Design I LV=Marshall Mixture Design-Low Volume,50 blow MV=Marshall Mixture Design-Medium Volume, 50 blow SM=Gyratory Mixture Design for Stone Matrix Asphalt(SMA) (2) The third and fourth letters indicate the course: WE=Wearing and Shoulder Wearing Course NW=Non-Wearing Course (3) The fifth letter or number indicates the maximum aggregate size*: A or 4= 12.5 mm[1/2 inch],SP 9.5 B or 3= 19.0 mm[3/4 inch],SP 12.5 C or 2=25.0 mm[l inch],SP 19.0 5= 9.5 mm[3/8 inch],(Marshall design only) E=See provision for SMA design *Letter is used in gyratory designation;number is used in Marshall designation (4) For Gyratory Design: The sixth digit indicates the Traffic Level(ESAL's x 106) The requirements for gyratory mixtures in this specification are based on the 2 five traffic traffic level of the Project expressed in Equivalent Single Axle Loads(ESAL's).The are shown below in Table 2360.1-A. I 1 I IIPage 1 of 48 1 2360/2350 Combined Specification December 23,2008 Table 2360.1-A Traffic Levels Traffic Level 20 Year Desi.- ESAL's 1 x 106 ESAL's 2' 3 < 1 t to<3 4 3to< 10 5 10 to<30 6 SMA 1 -- (AADT#2300) 2--(2300<AADT<6000) For Marshall Design: The sixth and seventh digit indicate the Marshall design blows: 50 blow design for both LV and MV mixtures (5) The last two digits indicate the air void requirement: 40=4.0%for SP and SM Wear mixtures 35=3.5%for MV Wear and Non-Wear 30=3.0%for LV Wear and Non-Wear and SP Non-Wear and Shoulder (6) The letter at the end of the mixture designation identifies the asphalt binder p grade: Standard Grades Snecialtv Grades B=PG 58-28 A=PG 52-34 C=PG 58-34 H=PG 70-28 E=PG 64-28 F=PG 64-34 L=PG 64-22 Ex: Gyratory Mixture Designation—SPWEB540E(Design Type,Lift,Agg Size, Traffic Level,Voids,Binder) Ex: Marshall Mixture Designation--LVWE35030B(Mix Type,Lift,Agg Size,Marshall blows,Voids,Binder) Ex: SMA Mixture Designation--SMWEE640H(Design Type,Lift,Agg Size,Traffic Level,Voids,Binder) B Minimum Lift thickness Minimum recommended paving lift thickness based on maximum aggregate size are: Aggregate Size 5*: Minimum Lift thickness= 12 mm [1/2 inch] Aggregate Size A,4*: Minimum Lift thickness=25 mm [1 inch] Aggregate Size B,3*: Minimum Lift thickness=40 mm [1 '/2 inch] Aggregate Size C,2* (for non-wear only):Minimum Lift thickness=65 mm[2 %inch] *Marshall designation 2360.2 MATERIALS A Aggregate Al General The aggregate shall consist of sound,durable particles of gravel and sand,crushed stone sand , combinations thereof It shall be free of objectionable matter such as metal,glass,wood,plastic,brick,rubber and an,any other material having similar characteristics.Coarse aggregate shall be free from coatings of clay and silt to the satisfaction of the Engineer. The Contractor shall not compensate for the lack of fines by adding soil materials such as clay,loam, or silt. Overburden shall not be blended into the asphalt aggregate. Page 2 of 48 I 2360/2350 Combined Specification Each different material(source,class,kind, size) December 23,2008 d or size shall be fed at a uniform rate from its storage unit.An individual source,class,type,or size of material shall not be stockpile blended with another source,class, type or size of material. I A2 Classification ate shall conform to one of the following classifications.The class of aggregate to be The aggregate g used shall be the Contractor's option unless otherwise specified in the Contract. Ala Class A Class A aggregate shall consist of crushed igneous bedrock(specifically;basalt,gabbro,granite, 1 gneiss,rhyolite,diorite and andosite)and rock from the Sioux Quartzite ati Formation.Other nom more than metamorphic rock may be used with specific approval of the Engineer. A aggregate.This recognizes the fact that some quarries n lass A material contain small is st l pockets prohibited! s oo-Class A material within IIIthat source.Intentional blending or addition of A2b Class B Class B aggregate shall consist of crushed rock from all other bedrock sources such as carbonate and metamorphic rocks.(Schist) 1 A2c Class C Class C aggregate shall consist of natural or partly crushed natural gravel obtained from a natural gravel deposit. A2d Class D shall consist of 100 percent crushed natural gravel.The crushed gravel shall be Class D aggregate enin at least twice as large as the Specification Class for from material retained the a g e a e in the composite asphalt mixture.The amount of carryover(material permits for the maximum size of the aggr g finer than)the selected screen shall not exceed ten percent. Ate Class E shall consist of a mixture of any two or more of the above classes of approved Class dDE aggregate The aggregate ,sal and D). 'The use of Class E aggregate,as well as the relative proportions of the different constituent shall the Engineer prior to production or by aggregates,shall be subject to the approval of the Engineer.The relative proportions of the constituent aggregates be accurately controlled either by the use of a blending belt approved by separately weighing each aggregate during batching operations. A2f Steel Slag Steel slag may not exceed 25 percent of the mass of the total aggregate. Steel slag shall be free of llics and other mill waste. Stockpiles will be accepted for use if the total expansion,determined by ASTM D4792, meta is less than 0.50%. A2g Taconite Tailings(TT) of a Taconite tailings shall be obtained from° erom ore mined intsonthwe t W�conlsin will also bet of Biwabik,Mn(R15W-R16W);except that taconite tailings permitted for use. Approved taconite tailing sources are on file with the D Engineer. Page 3 of 48 I 2360/2350 Combined Specification December 23,2008 A2h Scrap Asphalt Shingles Scrap asphalt shingles may be included in both wear and non-wear courses to a maximum of 5 percent of the total weight of mixture.Only scrap asphalt shingles from manufacturing waste are suitable. The percentage of scrap shingles used will be considered part of the maximum allowable RAP percentage(see Table 2360.3-B2a).Refer to Section 2360.2 G1 to select a virgin asphalt binder grade(use requirements for>20% II RAP,regardless of total RAP/shingle percentage). Scrap Shingle Specifications are on file in the Bituminous Office. Ali Crushed Concrete and Salvaged Aggregate Crushed concrete is allowed as an aggregate source for up to 50 percent of the aggregate in non-wear mixtures. Crushed concrete is not allowed in wearing courses. Salvaged aggregate is allowed as an aggregate so I and n mixtures. Salvaged salvaged aggregate urce for up to 100 percent of the aggregate in wear and non-wear Salvaged aggregates ggre ate shall be stockpiled uniformly to limit variation in mixture properties. ggregates shall meet quality and crushing requirements as specified herein. A2j Sewage Sludge Ash(SSA) Sewage sludge ash is allowed as an aggregate source in both wear and non-wear courses to a maximum of 5 percent of the total weight of mixture. Only SSA that meets the Tier II hazard evaluation criteria as approved by Mn/DOT's Office of Environmental Services,Environmental Analysis Section,will be allowed for use in the mixture. Approved waste incinerator ash sources are on file with the Department Bituminous Engineer. A3 Recycled Asphaltic Pavement Materials(RAP) I The combined RAP and virgin aggregate shall meet the composite fine aggregate crushed requirements(both coarse and fine aggregate) ggregate angularity or allowed for Marshall requirements uir onl gggrgate)for the mixture being produced(calculated crushed I plastic,brick,fabric,or any other objectionable mater al having similar characteristics no be permitted rmitt wood, the asphalt pavement mixture. be permitted for use in Asphalt binder content in the RAP shall be determined according I 1851 or 1852. ccording to Mn/DOT Lab Manual Method B Manufactured Crushed Fines(-4 material) 1 All Class A,B,D,and E material that passes the 4.75 mm[#4]screen will be considered as crushed fines. Manufactured Crushed Fines(-4 material)from Class C Aggregate.(-4 material)from a gravel source b y passing ggregate.Produce manufactured crushed g the gravel over a selected screen,9.5 mm[3/8 inch]or larger,prior to mechanical crushing.The material which passes the 9.5 mm[3/8 inch]screen shall not be incorporated into the manufactured crushed fines but may be used as it qualifies for natural sand. The amount of carryover(material finer than)the selected screen shall not exceed ten percent. The material retained on the 9.5 mm[3/8 inch]screen shall be crushed. I the 4.75 mm [#4]screen,after crushing,will be considered as 100%crushed fines.Material retained a on the 4.75 passes s screen after crushing will not be counted as+4 crushing until tested. [#4] I I Page 4 of 48 I 2360/2350 Combined Specification December 23,2008 C Cl Quality Requirements Los Angeles Rattler Test.................... ............... .................... ,,,,,,,,,,,,,,AASHTO T96 The Los Angeles Rattler loss on the coarse aggregate fraction(material retained on the 4.75 mm[#4] g e ate proportion which passes fraction a is prohibited from use passes in the sieve shall not exceed 40 percent d exceeds 40 percent LAR loss on the coarse t aggregate Ana gr g p the 4.75 mm[#4] sieve an mixture. ..AASHTO T104 C2 Soundness(Magnesium Sulfate)........................................................ The magnesium sulfate soundness loss at 5 cycles on the coarse aggregate fraction(material retained shall not exceed the following for any individual source used within the mix: * on the 4.75 mm[#4] a) No more than 14%loss on the 19 mm[3/4 inch]to 12.5 mm[1/2 inch] nfraction.larger fractions. b) No more than 18%loss on the 12.5 mm[1/2 inch]to 9.5 mm[3/8 inch] fraction. 1 No more than 23%loss on the 9.5 mm[3/8 inchto 4.75 mm all three size fractions are tested). d) No more than 18%for the composite loss.(Applies * 1) be the composite accepted i n individual is component is more than 110%of the requirement for t that component. be accepted if no individual c p 2) If each individual component requirement met but the composite does not,the source may be II accepted if the composite is no greater than 110% Coarse aggregate that exceeds the requirements listed above shall not be processed for use as minus I 4.75 mm[#4]material. Manual C3 Spall Materials and Lumps............................................. Laboratory Spall is defined as shale,iron oxide,unsound cherts,pyrite,highly weathered and/or soft phyllite and argillite(may be scratched with a brass pencil),and other materials having similar characteristics. 111 Lumps are defined as loosely bonded aggregations and clayey masses.If the percent of lumps be repeated at any time at the discretion of the Engineer. measured in the stockpile or cold feed exceed the values listed below,asphalt production shall cease and compliance shall be determined ined b dry batching.This procedure may Maximum limits for Spall and lumps,expressed as percentages by mass,are listed in Table 2360.3-B2a. Manual C4 Insoluble Residue es .....................................................Mn/DOT Laboratory If Class B carbonate material is used in the mix,the minus 0.075 mm[#200] sieve size portion of the insoluble residue shall not exceed 10 percent. D Aggregate Restrictions Class B carbonate aggregate restrictions are specified in Table 2360.3-B2a. E Gradation Requirement ate shall be combined in such proportions to produce an asphalt mixture The coarse and fine aggregate gradation as defined in testing shall be conducted in accordance with AASHTO T-11 (-0.075 mm[-#200]wash) meeting all of the requirements defined in this specification and shall conform to the Table 2360.2-E.Gradation g 1 and T-27. Page 5 of 48 1 2360/2350 Combined Specification December 23,2008 Table 2360.2-E Aggregate Gradation Broad Bands % s assinI of total washed :radation Sieve Size mm 1 inch A or 4* B or 3* * 25.0 1 inch C or 2 I 19.0 3/4 inch -■- 100 See SMA Provisions 12.5 1/2 inch 1 100') 85-100 9.5 3/8 inch 85-100 45-90 - 85-100 35-90 4.75 #4 25-90 v 100 2.36 #8 30-80 30-75 65-95 20-70 25-65 25-60 45-80 0.075 #200 2.0-7.0 2.0-7.0 2.0-7.0 2.0-7.0 *Marshall Designation (1)The gradation broadband for the maximum aggregate size may be reduced to 97%passing for mixtures containing RAP,when the oversize material is suspected to come from the RAP source. The virgin material must remain 100%passing the maximum aggregate sieve size. F Additives An additive is any material added to an asphalt mixture or material,such as mineral filler,hydrated lime,asphalt additives,anti-strip,and similar products that do not have a specific pay item. When a Contract requires additives,compensation is included with the pay items for the appropriate mixture.If the Engineer directs the Contractor to incorporate additives,the compensation will be as Extra Work,at the unit price specified in the o osal The D� p Owner will not compensate the Contractor for additives incorporated at the Contractor's option. p on. Additives will not be incorporated into the mixture without approval of the DepaFtment-Bitumineus En ineer.Anti-foaming agents shall be added to asphalt cement at the manufacturer's recommended dosage rate. Mineral filler and hydrated lime may be added in a quantity not to exceed 5 percent and 2 percent,respectively,of the total mass of the aggregate. The combination of mineral filler and hydrated lime shall not exceed 5 percent of the total mass of aggregate. The Engineer will approve or disapprove methods for addition of additives. Fl Mineral Filler F2 Hydrated Lime 3145 3145 Hydrated lime used in asphalt mixtures shall meet the requirements of ASTM C977 and have a maximum of eight percent unhydrated oxides(as received basis). The method of introducing and mixing the hydrated lime and aggregate shall be subject to approval pproval by the Engineer prior to beginning mixture production. F3 Liquid Anti-Stripping n Additive When a liquid anti-strip additive is added to the asphalt binder,blending shall be completed before the asphalt binder is mixed with the aggregate.Liquid anti-strip additives that alter the asphalt binder,such that it fails p to meet the Performance Grade(PG)requirements,shall not be used.Liquid anti-strip may be added by the supplier at the refinery or by the Contractor at the plant site. The company/supplier adding the additive shall be responsible for testing the binder/additive blend to ensure compliance with the AASHTO M 320, Standard Specification for Performance Graded Asphalt Binder.No paving will be allowed until the asphalt binder/additive blend has been teste d and results show that binder/additive blend properties meet the criteria in Section 2360.2G.The testing shall be done Plan QC are accordance with a Mn/DOT approved Asphalt Binder QC Plan.Requirements for the Asphalt Binder C P 111 on file in the Bituminous Office. e Page 6 of 48 I 2360/2350 Combined Specification December 23,2008 as halt binder must also be met when liquid anti- The following requirements for HMA mixture and p IIIstrip is added at the HMA plant site. Mixture Requirements at Design: 1) The Contractor must design the mixture with the 2 1 asphalt Modified Mixture Design(Op tion to the plant site.(Both Laboratory Mixture Design(Op tion ) 2) The Contractor must provide documentation imal rate.Dooumentation includes must include Strength ' Ratio results with the liquid anti-strip dosed at the pt verification the binder/additive blend meets AASHTO M 320 at the optimal dose rate. Contractor Production Testin. Re•uirements for As s halt Binder/Li•uid Anti-Stri I Blend: The Contractor shall,on a daily basis,sample and test the asphalt binder/anti-strip blend.Testing of 1) When a polymer the blend can be by viscosity,penetration,or dynamic shear rheometer(DSR). p Y modified asphalt binder shall, nia weekly basis,send the use the DSR as and the Laboratory 2) The Contractor shall, Y Director a weekly QC report s kl basis,the test results of the p blend to ensure complilance with 3) The Contractor shall,on a bi-weekly y the AASHTO M 320,Standard Specification for Performance Graded Asphalt Binder(minimum I 1/project).Test results shall be sent to listed above,the CoOact r shall obtain asphalt)binder/anti- 4) In addition to the sampling requirements strip blend field verification samples according to 2360.4 E12. Li uid Anti-Strip Additive Metering System: 1) The metering system shall include a liquid anti-strip flow meter in addition to an anti-strip pump. The flow meter shall be connected to the liquid anti-strip supply to measure and display only the anti-strip being fed to the asphalt binder. 2) The meter readout shall be positioned for convenient observation. 3) There shall be a means provided for comparing the flow meter readout with the calculated output of the anti-strip pump. See number 7. 4) The system shall nearest in units metric tonsg[0.001]tons],the accumulateed anti-strip quantity being c I tons[tons]to the nearest 0.0 delivered to the mixer unit. 5) The system shall be calibrated and adjusted to maintain a cc oducuracy on of one percent error. 6) Calibration shall be required for each plant set-up prior p 7 The Engineer may require,on a daily basis,the Contractor"stick"the anti-strip tank at the end of the I ) P days production to verify anti-strip usage quantities. 8) The system shall provide for a convenient method for sampling the binder/anti-strip after blending has occurred. 9) Alternative blending and metering systems must be pre-approved by the Engineer ..3161 F4 Coating and Anti-Stripping Additive AASHTO M 320 G Asphalt Binder Material 111 Asphalt binder material shall meet the requirements of PG asphalt binder testing tolerances, sampling rates,testing procedures,and acceptance criteria based on the most current Mn/DOT Technical cannot Memorandum,titled"Inspection,Sampling,and Acceptance of Bituminous Engineer approves iasThe Condactor shall be modified with air blowing procedures unless the Depaftment-Bitumitieus not use petroleum distillates such as fuel oil,diesel or other fuels in and compaction temperatur tanks. es and field maximum provided by the supplier for recommended laboratory mixing and compaction temperatures. Page 7 of 48 I 2360/2350 Combined Specification GI Asphalt Binder Selection Criteria for All Mixtures with RAP December 23,2008 Overlay Specified PG Asphalt Vir.in As I halt Binder Grade to be used with RAP Binder Grade <20%RAP , All PG Grades >20%RAP No ti ade ad'ustment No • ade ad'ustment Specified PG Asphalt Vir in As'halt Binder Grade to be used with RAP New Construction�'� Binder Grade o <20%RAP >20%RAP 52-34 52-34 58-28 58-28 52-34 58-34 58-34 58-28 MENEM/1111.111 64-28 Not allowed 64-34 64-28 64-28 Other PG Grades 64-34 Not allowed* * When approved by the Engineer,the virgin asphalt binder grade clan be selected by using Not allowed* the blending chart procedure on file in the Bituminous Office.Mn/DOT may take production samples for information/verification of compliance with a specified asphalt binder grade. (1) Includes cold inplace recycle,reclaiming,and reconstruction. 2360.3 MIXTURE DESIGN A Mixture Design General The asphalt mix may be designed using one of the following two Contractor trial mix design as described in 2360.3B and 2360.3D.Review of mixture designs options Laboratory where the Project is located.All mixture design test results,documentation,a e District material samples, and mixture samples,as required by the trial mix design aggregate material samples, where the Project is located(Department Bituminous Engineer in Metro area).submitted Unless theerwise authorized by Laboratory tory District Materials Engineer,the addition of aggregates and materials not included in the original mixture submittal is prohibited. It is the Contractor's responsibility to design a Marshall mixture in accordance with the most curren AASHTO T-245,the Asphalt Institute's Mix Design Methods for Asphalt Concrete MS-2,and the Mn/DOT t Laboratory Manual such that it meets the requirements of this specification. For Marshall design,the design air void content of the mixture is dependent ' regardless of the location in the pavement structure.Design P nt ix the mixture type, 3.5%,respectively. gn air void content for LV and MV mixtures is 3.0%and It is the Contractor's responsibility to design S AASHTO T-312,the Asphalt Institute's Superpav Mix Design Manual SP-2(2-hour short term aging gthe most current for volumetric),and the Mn/DOT Laboratory Manual such that it meets the requirements of this specification.is used B Laboratory Mixture Design(Option 1) To verify Laboratory Mixture Design compliance with these specifications,the Contractor shall submit mixture design test results and documentation as described in Section 2360.3C and the materials described below to the District Materials Laboratory where the Project is located(Department Bituminous Engineer in Metro area). The District Materials Engineer(Department Bituminous Engineer)will issue a Mixture Design Report when the mixture design has been successfully verified. I 1 Page 8 of 48 I 2360/2350 Combined Specification December 23,2008 Bi Aggregate sample At least 15 working days prior to the start of asphalt production,the Contractor shall submit aggregate samples for quality testing.A 35 kg[80 pound]sample 4.75 representative sieve[#4]aggregate a be submitted d Specification to the District sieve[#4]and a 15 kg[35 pound] sample of material passing Materials Laboratory where the Project is located(Bituminous Engineer in Metro area).In addition to the preceding requirements the Contractor shall also submit a 35 kg[80 pound] sample of representative RAP material when the mixture includes recycled asphalt pavement.The Contractor shall provide 24 and notice c of virgin to sample aggregates.These samples will be tested for quality of each source,class,type, n and on-size huntil a salvage aggregate source used in the mix design.The Contractor shall retain a companion sample equal Mixture Design Report is issued.Quality requirements are defined in Section 2360.2C. Aggregates that require the magnesium sulfate 30calendarndays prior to the start ofeasphalt production.aDepartment n triet Mate „Is Engineer at least Bituminous Engineer or��� Dispute resolution procedures for aggregate qualities are on file in the Bituminous Office. B2 Mixture sample At least 7 working days prior to the start of asphalt production,the Contractor shall submit in writing a proposed Job Mix Formula(JMF)for each combination of aggregates to be used in the mixture.The JMF will be reviewed in the District Materials Laboratory where the Project is located(Department Bituminous Engineer in Metro area).A Level II Quality Management mix designer must to mixture properties as specified in Table's,2360.3-B2b 111111 Contractor shall include test data to demonstrat roved b the Department.In addition,the and 2360.3-B2c.The proposed JMF shall be submitted on forms app y le size and Contractor shall submit an uncompacted mixture sampleebplus briquettes compacted at the aathetopti um ure asphalt and required compactive effort conforming to the JMF for 1 ry number of compacted briquettes are as follows: Table 2360.3-B2 Mixture Sam 2 le Re uirements Marshall Desi n G rato Desi n 18 K. [40 I ounds] Un-compacted Mixture Sam ale Size 30 K_[75 m ounds Number of compacted bri: ettes B2a Mixture Aggregate Requirements The aggregate fractions shall be sized,graded,and combined in such proportions that the resulting mixture will meet the requirements listed in Section 2360.2-E and Table 2360.3-B2a shown below. 1 Page 9 of 48 1 I 2360/2350 Combined Specification December 23,2008 Table 23603-B2a Mixture A 1 Ire I ate Re,uirements I A!! e_ate Blend Pro e Traffic Traffic Traffic Level 2&LV Level 3&MV Traffic SMA Level Level 5 T.Level 6 20 ear Desi: ESAL's <1 million 3 - 10 10-30 See SMA I Coarse Aggregate Angularity 1 -3 million million million Provisions (ASTM D5821) 30/- (one face/two face),%-Wear 55/- 85/80 95/90 (one face/two face ,%-NonWear 30/ 55/ 60/- 80/75 Fine Aggregate Angularity(FAA) (AASHTO T304,Method A)%-Wear 40(2) %-Non-Wear 42 o) 44 45 I Flat and Elongated Particles,maxi % 40(2) 40(° 40 40-b wei•ht, ASTM D 4791 10 10 10 NM Cla Contents AASHTO T 176 5:1 ratio 5:1 ratio 5:1 ratio 45 45 II Total Spall in fraction retained on the --- 4.75 mm[#4] sieve-Wear I Non-Wear 5.0 2 5 1.0 5.0 1.0 Maximum Spall Content in Total 5 0 2.5 2.5 Sample-Wear Non-Wear 5.0 5.0 1.0 5.0 1.0 Maximum Percent Lumps in fraction 5'0 2.5 2.5 retained on the 4.75 mm #4 sieve Class B Carbonate Restrictions 0.5 0.5 0.5 IIIIII - 0.5 Maximum%-4.75 mm [-#4] -- Final Lift/All other Lifts 100/100 Maximum%+4.75 mm[+#4] 100/100 80/80 50/80 Final Lift/All other Lifts 100/100 I 100/100 50/100 0/100 NM Gyratory 11111111111111 11 1Max. allowable RAP percentage(3) 30/40 W I ear/Non Wear 30/30 30/30 30/30 Marshall Max.allowable RAP percentage(4) 30/40 11111 I Wear/Non Wear 30/30 (1) For Marshall design,the Contractor may determine-4 crushing by either FAA of uncompacted voids or calculation of crush from the composite blend. The choice must be made prior to start of production. Manufactured crushed fines requirement is 25%.RAP sand will be considered 50%crushed if the FAA I equals or exceeds 40,and 100%crushed if the angularity index equals or exceeds 45. (2) Not applicable under Marshall design. (3) When shingles are included as part of the allowable RAP percentage in Traffic Level 2,3,4,or 5 mixtures the I ratio of added new asphalt binder to total asphalt binder shall be 70%or 100>=70).A minimum of 1 spotcheck per day greater((added binder/total binder)x is required to determine new added(4) When shingles are included as part of the allowable RAP e blend in LV and MV mixtures the added new r asphalt shall be 3.5%or greater.A minimum of 1 spotcheck per day per mixture blend is required to I determine new added binder. B2b Mixture Requirements Mixture evaluation will be based on the trial mix tests and the corresponding requirements listed in Table 2360.3-B2b and Table 2360.3-B2c. Page 10 of 48 I I 2360/2350 Combined Specification December 23,2008 ' Table 2360.3-B2b Mixture Re I uirements A Traffic Level Traffic Level Traffic 4Level Traffic Level T SM e16 2 3 10-30 See SMA 20 ear Desi t e ESAL's < 1 million 1 -3 million 3- 10 million million Provisions 100 0 4.0 G rato Mixture Re�uirements 40 60 90 G rations for Naesi a 4 0 4.0 4.0 I %Air Voids at Naesign,--Wear 3.0 3.0 3.0 3.0 %Air Voids at Naesig°,--Non-Wear& All Shoulder 80� 80 IIIIMIIIII Tensile Stren_h Ratio 0.6- 1.2 0.6- 1.2 0.860-( 1.2 0.6- 1.2 MOM ' 65-78 65 -76 65 -76 MI VFA,%--Wei-4.0%Voids 65-78 70-83 70-82 70-82 - Non-Wear&All Shoulder-3.0%Voids 70 V 83 a Marshall Mixture Re•uirements 50 50 - a Marshall Blows 3.0 - Air Voids,% 70 a) - Tensile Stren.h Ratio(1 ,min% 500001125 6000 1350 Fines/Effective i ,minimum N lb v 0.6- 1.30 0.6- 1.30 Fines Asphalt Wear I Non-Wear 0.6- 1.40 0.6- 1.40 (1) See Section 2360.4 E9.Use 150 mm[6 inch] specimens for gyratory and 100 mm[4 inch] specimens for Marshall design. (3) (4)Mn/DOT Min 60 (2) Mn/DOT Min=65, Mn/DOT Min=70, B2c VMA Criteria IThe voids in mineral aggregate(VMA)of the mixture at design and during production shall meet the minimum criteria procedures shown in Table in Asphalt Institutes cSP 2 or MS-2 imanual.VMA is shall a design and calculated according to the procedures Iacceptance/process control requirement. Table 2360.3-B2c Voids in Mineral A•Ire late VMA Mixture Re'uirements Fine Mixture Coarse Mixture Gradation %Pass 2.36 mm #8 %Pass 2.36 mm #8 47 14.5** A or 4* >47 15.0** <39 IIIIIMMIll I Bor3* >39 14.0 - 13.0 C or 2* 15.0** ' 11111011111 See SMA Provisions *Marshall designation. **For LV 4 and LV 5 mixes lower VMA requirements by 0.5% 1 B3 Tensile Strength Ratio sample Mixture or briquettes that represent the mixture at optimum asphalt content,shall be submitted at least 7 days prior to actual production for verification Gmm compliance in addition ) for maximum specific gravity retained tensile strength ratio(TSR).. Material submitted for TSR verification may be tested TSR results.Failure to meet the Gmm tolerance will re It described in Section 2360.3C.tied mix One design.A new mix design submittal will be required and will be subject to provisions Page 11 of 48 I 2360/2350 Combined Specification December 23,2008 the following options may be used to verify that the tensile strength ratio(TSR)meets the requirem ents in Table 2360.3-B2b. Option A)The Contractor will batch material at the design proportions including Immediately(before curing)split the sample and allow samples to cool to room temperature. Submit 3t5 kg asphalt. [77 pounds]of mixture to the District Materials Laboratory for curing and test verification.Both groups will use a two (2)hour cure time(± 15 minutes)at 144°C [290°F]and follow procedures in ASTM D 4867-92,Mn/DOT modified as defined in the Mn/DOT Laboratory Manual. Option B)The Contractor batches,cures(as indicated in option A),compacts,and submits briquettes and uncompacted mixture as specified below. Table 2360.3-B3 , O i tion B Mixture Rei uirements Un-com acted Mixture Sam le Size G rato Desi n Marshall Desi'n • Number of corn•acted bri•uettes 8'200 _ 8,200 • Com.acted Bri quette air void content 6 0 9 150 mm[6 inch]specimens for 6.5-7.5/0 6.0-8.0% 100 mm[4 inch]specimens for Marshall B4 Aggregate Specific Gravity AASHTO T84 and T85,Mn/DOT Modified The Contractor shall determine the specific gravity of all aggregate used in the mixture. C Documentation Each proposed JMF submitted for review under Section 2360.3B and 2360.3D shall include the following documentation and test results. (1) The name(s)of the individual(s)responsible for the Quality Control of the mixture during production. (2) The low project number of the Contract on which the mixture will be used. (3) The design traffic level and the design number of gyrations. (4) The temperature ranges the mixture is intended to be discharged from the plant and compacted at the roadway shall be provided by the asphalt binder supplier. Temperatures to be included are, laboratory mixing and compaction temperature ranges and maximum field mixing and compaction temperatures.. (5) The percentage in units of 1 percent(except the 0.075 mm sieve [#200]in units of 0.1 percent)of aggregate passing each of the specified sieves for each aggregate to be incorporated into the mixture. The gradation of aggregate from salvaged asphaltic material shall be derived from the material after the residual asphalt has been extracted. (6) The source and description of the materials to be used. The aggregate pit or quarry source number. The proportion of each material(in percent of total aggregate). (7) The composite gradation based on(5)and(6)above.Note:Include virgin composite gradation based on(6)and(7)above for mixtures containing RAP. (8) The bulk(dry)and apparent specific gravities and water absorption(by%weight of a of both coarse and fine aggregate, g dry aggregate) AASHTO T-84 and T-85 MiDOT modified ray defined in the Mn/DOT Laboratory an al. The tolerance allowed between the Contractor's and the Din en ' Owner's specific gravities are Gsb (individual)=0.040[+4 AND-4]and G (9) The composite plotted sb(combined)=0.020. p gradation lotted on a FHWA 0.45 power chart. (Federal form PR-1115) (10) The test results from the composite aggregate blend at the proposed JMF proportions indicating compliance with Coarse Aggregate Angularity,Fine Aggregate Angularity,and Flat and Elongated as shown in Table 2360.3-B2a. Page 12 of 48 I 2360/2350 Combined Specification December 23,2008 (11) For mixtures containing RAP include extracted asphalt binder content of the RAP with no retention factor included. (12) The percentage(in units of 0.1 percent)and PG grade of asphalt binder material to be added,based upon the total mass of the mixture. (13) Each trial mixture design shall include the following: (a) A minimum of three different asphalt binder e and one be ow the pt mum asphalt binder each point),with at least one point at,one above percentage. (b) The maximum specific gravity at each asphalt binder content.The theoretical maximum specific gravity used for percent air voids determination shall be calculated based on the average grave effective tests at the asphalt contents above and below the minimum expected optimum asphalt of two maximum specific gravity binder content. (c) The test results specimens at individual and binder content.specific gravity,design include the heights, test at e least two spec results for the individual and average bulk specific gravity,density,height,stability,and flow of at least three specimens at each asphalt binder content. (d) The percent air voids in the mixture aaeach VMA)asphalt t each asphalt binder content. (e) The percent Voids in Mineral Aggregate(f) The fines to Effective Asphalt(F/A)ratio calculated to the nearest 0.1 percent. (g) TSR results at the optimum asphalt binder content. (h) Graphs showing binder content for or in the mineral aggregate,Gmb,each of the three asphalt binder)contents unit bmitted with 1111 percent asphalt bi trial mix. (i) Evidence the completed mixture will conform to design air voids(Va),VMA,VFA (gyratory),TSR,F/Ae(Fines to effective asphalt ratio). densification (j) For gyratory design,the documentation shall also include labeled gyratory tables and curves generated from the gyratory compactor for all points used in the mixture submittal. (14) Optional Add-Rock/Add-Sand Provisions If the Contractor chooses to use the of the a add-material aggregate option or quality analysis in ac o dan eNCwih Section Contractor shall provide samples gam' points per add- 2360.3B1.The Contractor shall provide mix design data for two additional design p P 5 add- material.One point add-ma erial at the proportional MF optimum asphalt percent.The second point shall show a proportional opor io al mass,add proportional adjustment to the submitted JMF that includes 10 percent,by mass,add-material at the JMF optimum asphalt percent.The following information will be reported for each of these two points: (a) The maximum specific gravity(average of two tests). density,and height of (b) The test results for the individual and average bulk specific gravity, at least two specimens at the optimum asphalt binder content.For Marshall design include the test results for the individual and average bulk specific gravity,density,height,stability, ' and flow of at least three specimens at the optimum asphalt binder content. (c) The percent air voids in the mixture for each point. (d) The Fines to Effective Asphalt ratio calculated to the nearest 0.1 of a percent. (e) Coarse and Fine Aggregate crushing counts Up to two add-materials will be allowed per mix design submittal.Aggregate quality and mix original are required for oe each add-material shall be for these at wo additional the original trial mix submittal.N points. Page 13 of 48 1 I 2360/2350 Combined Specification December 23,2008 I D Modified Mixture Design(Option 2) The Contractor shall submit mixture design test results and documentation as described in Section I 2360.3C to the District Materials Laboratory where the Project is located(Department Bituminous Engineer in Metro area)to verify compliance with these specifications.The r''°~" "M ` ials Engineer(Department Bituminous Engineer)will issue a Mixture Design Report when the mixture design has been successfully verified. Mixture submittal is not required. The Contractor may use this option if all of the following conditions are met: a) The aggregates must have been tested for and meet all applicable quality requirements in the current construction season. I b) The Level II mix designer submitting the mixture design must have a minimum in mixture design. mum of 2 years I c) The Contractor and his representatives cannot have violated the requirements of 1512 Unacceptable and Unauthorized Work relating to mixture design or mixture production within the last 12 month period. on I Dl JMF Submittal At least 2 working days prior to the start of asphalt production,the Contractor shall submit in writing h a proposed Job Mix Formula(JMF)for each combination of aggregates to the Department Bituminous Engineer or District Materials Engineer for review.A Level II Quality Management mix designer must sign this proposed JMF. For each JMF submitted,the Contractor shall include documentation as outlined in Section 2360.3C to demonstrate I conformance to mixture properties as specified in Table 2360.3-B2b and 2360.3-B2c.The proposed JMF shall be submitted on forms approved by the Department. D2 Initial Production Test Verification I At the start of production,the testing frequency for the first 1,800 metric tons[2,000 tons]of each mix type shall be as specified in Table 2360.4-D. I All mixture placed on Mn/DOT projects shall meet the specified quality indicators and required field density.Failure to do so will result in reduced payment or removal and replacement with acceptable material. The Department shall take a mix verification sample within I production of each mix type. P n the first four samples at the start of D3 Tensile Strength Ratio sample I See Section 2360.4E9 D4 Marshall Stability(Marshall Design Only) On the first day of production,for each different mix design,at the same time the verification sample I is obtained,an additional sample shall be obtained for Department evaluation of Marshall stability.This sample may be tested at the discretion of the District Materials Engineer. The Contractor is not required to test stability on production mixture. If the Marshall stability fails to meet the minimum requirements I Contractor shall stop production immediately.The Contractor will be required to submit a revised Table design,02360.3-B2b the bituminous mixture at optimum asphalt content,to the District Materials Laboratory.If the mixture meets t with minimum stability requirement production may be resumed. Page 14 of 48 I I • 2360/2350 Combined Specification December 23,2008 If the stability fails the second time,the Mix Design Report will be revoked.The Contractor will then be required to submit a new mix design according to Laboratory Mixture Design 2360.3B,Option 1.A new Mix Design Report will be issued upon successful verification of the new mixture design submittal. E Mixture Design Report A Mixture Design Report consists of the JMF(Job Mix Formula).The JMF includes composite gradation,aggregate component proportions,asphalt binder content of the mixture,design air voids,Voids in Mineral Aggregate,and aggregate bulk specific gravity values.JMF limits will be shown for gradation control sieves,percent asphalt binder content,air voids,and VMA.Issuance of a Mixture Design Report either sthe implied,has s made reviewed for and meets volumetric properties only.No guaranty or warranty, P regarding placement and compaction of the mixture. A Department reviewed Mixture Design Report is required for all paving except for small quantities requirements material is before a Mixture ure D Section si 2360.5H. Report islissued.The Department will review two trial mix designs per mix type requirements before n Mixture gn P designated in the plan,per Contract at no cost to the Contractor.Additional mix designs will be verified at a cost of $2000 per design,payable to the Commissioner of Transportation. For city,county,and other agency projects,the Contractor shall provide to the District Materials Laboratory a complete Project proposal including addenda,supplemental agreements,change orders,and any Plan sheets(including typical sections)that affect the mix design.The Department will not start the verification process without this information. 2360.4 MIXTURE QUALITY MANAGEMENT(Quality Control/Quality Assurance) A Quality Control(QC) The Contractor shall provide and maintain a quality control program for HMA production.A quality control program is defined as all activities,including mix design,process control inspection,sampling and testing,and necessary adjustments in the process that are related to the production of a hot mix asphalt(HMA)pavement which meets the requirements of the specifications. Al Contractor Certified Plant HMA Ala Certification Procedure The Contractor shall: (1) Complete application form and request for plant inspection. (2) Provide a site map of stockpile locations. (3) Pass plant and testing facility inspection by having the Plant Inspector and Bituminous Plant 02143- Authorized Agent complete and sign the Asphalt Plant Inspection Report(TP 0 142 02,TP 2 02).By signing the Asphalt Plant Inspection Report,the HMA plant calibrate and maintain all plant and laboratory equipment within allowable tolerances set forth in these specifications,Standard Specifications for Construction,and the Mn/DOT Bituminous Manual. (4) Obtain a Mixture Design Report prior to production. I Page 15 of 48 1 2360/2350 Combined Specification December 23,2008 Alb Maintaining Certification To maintain certification,the plant must produce,test,and document all certified plant asphalt mixtures in accordance with the above requirements on a continuous basis.Continuous basis means all asphalt mixtures supplied from a certified plant to any Department project with 2360 asphalt mixtures must be sampled and tested in accordance with 2360 requirements and the Schedule of Materials Control. The Contractor shall assure the plant certification procedure is performed annually after winter suspension and before producing material for a Project.In addition,a first-day sampling and testing frequency rate as stated in Table 2360.4-D shall be followed. The Contractor shall recertify a plant when it is moved to a new location or a previously occupied location. Ale Revocation of Plant Certification The Department Construction Engineer may revoke certification of an asphalt plant when requirements are not being met or records are falsified. The Department may revoke the Technician Certification for the individual involved. The Department Bituminous Engineer and Department Contract Administrator will maintain a list of companies who have had their asphalt plant certification revoked. B Quality Assurance(QA) The Department will perform QA testing as part of the acceptance process. The Engineer is responsible for QA testing,records,and acceptance. The Engineer will accomplish the QA process by: (1) Conducting g Quality assurance and verification sampling and testing. (2) Observing sampling and tests performed by the QC personnel. (3) Taking additional samples at any time and any location during production. (4) Monitoring the required QC summary sheets and control charts. (5) Verifying calibration of laboratory testing equipment. (6) Communicating Mn/DOT test results to the Contractor's QC personnel in a timely manner(See 2360.4M and 2360.4N). (7) Ensuring Independent Assurance Sampling and testing requirements are met. C Contractor's Quality Control Cl Personnel Requirements Along with the proposed mix design data,the Contractor shall submit to the Engineer an organizational chart listing the names and phone numbers of individuals and alternates responsible for mix design, process control administration,and inspection.The Contractor shall also post a current organizational chart and if required by the Engineer,post a daily roster of individuals performing QC testing in the Contractor's test facility. The Contractor's quality control organization or private testing firm shall have Certified Technicians who have met the requirements on file with the Department's Technical Certification program.Individuals performing process control testing must be certified as a Level I Bituminous Quality Management(QM)Tester.Individuals performing mix design calculations or mix design adjustments must be certified as Level II Bituminous QM Mix Designer.The Contractor shall have a Certified Level II Bituminous QM Mix Designer available to make any necessary process adjustments. The Contractor shall have a minimum of one person per paving operation certified as a Level II Bituminous Street Inspector. Page 16 of 48 1 2360/2350 Combined Specification December 23,2008 C2 Laboratory Requirements The Contractor shall furnish and maintain a laboratory at the plant site or other site as approved by the Engineer.The laboratory shall be furnished with the necessary equipment and supplies for performing Contractor quality control testing.The laboratory equipment shall meet the requirements listed in Section 400 of the Mn/DOT Bituminous Manual,Mn/DOT Lab Manual,and these specifications,including having extraction capabilities.The laboratory shall be calibrated and operational prior to the beginning of production.In addition to the requirements listed above,the laboratory shall be equipped with a telephone for use by the Contractor or the Engineer.A fax machine and copy machine shall be available for use by the Contractor or the Engineer at the laboratory site.The Engineer may waive the requirement to have a fax machine available at the laboratory site if transfer of data and test results can be accomplished through electronic transmittal(email).The laboratory shall also include a computer and printer.The computer shall have the following minimum requirements: 1)Intel based with either Celeron or Pentium ' IV processor with a minimum processor speed of 1.8 MHZ. 2)CD writer with CD/RW capability and a minimum write speed of 16x. 3)Windows 2000 or Windows XP with Microsoft Excel version 97 or newer.The printer must be able to print control charts. ' The Engineer shall be allowed to inspect measuring and testing devices to confirm both calibration and condition.The Contractor shall calibrate and correlate all testing equipment in accordance with the latest version of the Mn/DOT Bituminous Manual and Mn/DOT Lab Manual.Records of calibration for each piece of testing ' equipment shall be kept in the same facility as the equipment. D Sampling and Testing ' The Contractor shall ensure that all QC samples are taken at random locations.Random number generation and determination of random sample location shall be consistent with the Mn/DOT Bituminous Manual Section 5-693.7 Table A or Section 5 of ASTM D3665.The Engineer may approve alternate methods of random number generation. The tests for mixture properties shall be conducted on representative portions of the mix,quartered ' from a larger sample of mixture taken from behind the paver,or when approved by the Engineer,an alternate sampling location.The procedure for truck box sampling,an alternate sampling location,is on file in the Bituminous Office. When an alternate sampling location is approved and used by the Contractor,the daily verification sample must still be ' taken from behind the paver. The Contractor shall obtain a sample of at least 25 kg[55 pounds].This sample may be either split in the field or transported to the test facility by a method to retain heat to facilitate sample quartering procedures.The ' Contractor shall store and retain mixture bulk samples and companion samples for the Department for a period of 7 working days.The Contractor shall maintain these split samples in containers labeled with companion numbers.The Contractor shall perform QC sampling and testing according to the following schedule. ' Determine the planned tonnage for each mixture to be produced during the production day.Divide the planned production by 1000.Round the number to the next higher whole number.This number will be the number of production tests required for that mixture.Required production tests are listed in Table 2360.4-E.Split the planned ' production into even increments and select sample locations as described above.If actual tonnage exceeds planned tonnage additional tests may be required.During production,mixture volumetric property tests will not be required when mix production is less than 270 metric tons [300 tons].However,production tests will be required when the accumulative tonnage on successive days exceeds 270 metric tons[300 tons]. ' At the start of production,the testing frequency for the first 1800 metric tons [2,000 tons] of each mix type shall be as follows: 1 Page 17 of 48 1 1 2360/2350 Combined Specification December 23,2008 Table 2360.4-D Production Start-Up Testing Rates Production Test Testing Rates Test Reference Section Bulk Specific Gravity 1 test per 450 metric tons [500 tons] AASHTO T312,T166 Mn/DOT modified 2360.4E2 Maximum Specific Gravity 1 test per 450 metric tons [500 tons] AASHTO T209 Mn/DOT modified 2360.4E3 Air Voids(calculated) 1 test per 450 metric tons [500 tons] AASHTO T269,T312 2360.4E4 Asphalt Content 1 test per 450 metric tons [500 tons] Bit&Lab Manual 2360.4E1 VMA(Calculated) 1 test per 450 metric tons[500 tons] AI MS 2&SP 2 2360.4E5 Gradation 1 test per 900 metric tons [1000 tons] AASHTO Ti 1,T27,T3OMn/DOTmodified 2360.4E6 I Coarse Aggregate Angularity 1 test per 900 metric tons [1000 tons] ASTM D5821 2360.4E7 Fine Aggregate Angularity (FAA)(1) 1 test per 900 metric tons[1000 tons] AASHTO T304 Method A 2360.4E8 I (1)Marshall design allows-4.75 mm[-#4]manufactured crushed fines calculation per Mn/DOT Bituminous Manual E Production Tests When more than one Mn/DOT approved test procedure is available,the Contractor shall select , ,with the approval of the Engineer, one method at the beginning of the Project and use that method for the entire Project. The Contractor and Engineer may agree to change test procedures during the construction of the Project. Table 2360.4-E Production Sampling and Testing Rates Production Test Sampling/Testing Rates Test Reference Section Bulk Specific Gravity Divide the planned production by 1000.Round the AASHTO T31 2,T245 2360.4E2 number to the next higher whole number. T166 Mn/DOT mod Maximum Specific AASHTO T209 Mn/DOT 2360.4E3 Gravity modified Air Voids 44 AASHTO T269,T312 2360.4E4 (calculated) Asphalt Content Bit&Lab Manual 2360.4E1 VMA(Calculated) 44 AI MS 2&SP 2 2360.4E5 Gradation 1 gradation per 1,800 metric tons [2,000 tons],or AASHTO T11,T27,T3O 2360.4E6 portion thereof(minimum of one per day) Mn/DOT modified Coarse Aggregate 2 tests/day for a minimum of 2 days,then 1 per day ASTM D5821 2360.4E7 Angularity if CAA is met.If CAA>8%of requirement, 1 sample/day but test 1/week. Fine Aggregate 2 tests/day for a minimum of 2 days,then 1 per day AASHTO T304,Method A 2360.4E8 Angularity(FAA)(1) if FAA is met.If FAA>5%of requirement, 1 sample/day but test 1/week. TSR 1st sample at 5,000 tons or by second day of ASTM D4867 Mn/DOT 2360.4E9 production,then sample at every 18,000 metric tons modified [20,000 tons] Aggregate Specific When directed by the Engineer AASHTO T84&T85, 2360.4E 10 Gravity Mn/DOT modified Mixture Moisture Daily unless exempted by Engineer Mn/DOT 5-693.950 2360.4E11 Content Asphalt Binder Sample 1s`load(each grade)then 1 per 1,000,000 Mn/DOT 5-693.920 2360.4E12 liter[250,000 gallon-sample size 1 quart] (1) Marshall design allows-4.75 mm [-#4]manufactured crushed fines calculation per Mn/DOT Bituminous Manual Page 18 of 48 I I2360/2350 Combined Specification El Asphalt Binder Content(2) December 23,2008 (a) Spot Check(Virgin only) I (b) (c) Incinerator Oven(l) .Mn/DOT Laboratory Manual Method 1853 Mn/DOT Bituminous Manual Chemical Extraction .Mn/DOT Laboratory Manual Method 1851 or 1852 (d) Meter Method(Virgin only) Mn/DOT Bituminous Manual I (1) Incinerator Oven may not be used when the percentage of Class B material exceeds 50%within the composite blend,unless a correction factor is determined by the Contractor and approved by I the District Materials Engineer. (2) For Traffic Level 4 and 5 mixtures that include shingles as part of the allowable RAP percentage a minimum of 1 spotcheck per day per mixture blend is required to determine new added asphalt binder(See footnote 3 of Table 2360.3-B2a). IE2 Marshall Bulk Specific Gravity,Gmb(3 specimens) AASHTO T166,Mn/DOT Modified,or I E2a Gyratory Bulk Specific Gravity,Gmb(2 specimens) AASHTO T312,T166, Mn/DOT Modified E3 Maximum Specific Gravity,Gmm AASHTO T209,Mn/DOT Modified IE4 Air Voids-Individual and Isolated(calculation) AASHTO T269,T312 I Isolated air voids are calculated using the maximum mixture specific bulks specific P gravity and the corresponding p gravity from a single test.Individual air voids are calculated from the maximum specific gravity moving average and the bulk specific gravity from that single test. I specified Traffic Leve l.For gyratory design,compaction shall be conducted to NdeS1gn,as shown in Table 2360.3-B2a,for the IE5 Voids Mineral Aggregate(VMA)(calculation) .Asphalt Institute MS-2,SP-2 E6 Gradation-Blended Aggregate AASHTO T-11 T-27,and T-30(all Mn/DOT modified) I Testing to determine the blended aggregate gradation shall be determined every 1800 metric tons [2,000 tons],or portion thereof(minimum of one per day),on samples taken at the same time as the required mixture sample for a given increment. IAll gradations require a-0.075 mm[-#200]wash. (a) Virgin Aggregate Mixtures-Drum or Screenless Plants I (b) Belt Samples or extracted production samples. All Other Mixtures: 1. Hot Bins-Drybatch(Optional) I 2. Incinerator Oven Mn/DOT Laboratory Manual Method 1853 (Optional)except samples that contain over 50%class B.(I) 3. Extraction Mn/DOT Laboratory Manual Method 1851 or 1852(Optional) I (1) Incinerator Oven may not be used when the percentage of Class B material exceeds 50%within the composite blend,unless a correction factor is determined by the Contractor and approved by the District IMaterials Engineer. E7 Coarse Aggregate Angularity ASTM D5821 I CAA test results shall meet the minimum percent fractured faces as shown in Table 2360.3-B2a. ASTM D-5821 shall be used to determine coarse aggregate angularity on the composite blend from aggregates used IPage 19 of 48 1 I 2360/2350 Combined Specification I December 23,2008 in production of hot mix asphalt.Mixtures that contain virgin aggregates may be tested from composite belt samples. Mixtures that contain RAP must be tested from extracted aggregates taken from standard production samples.The t percentage of fractured faces of the composite aggregate blend less than 100%shall be tested at the following rates: (1) Perform two tests per day for each mixture blend for a minimum of two days and then one per day if the test samples meet CAA requirements. (2) If CAA crushing test results exceed 8 percent of the requirement,take one sample per day and perform one test per week. I CAA results must be reported on the test summary sheet.Mixture placed and represented by results below the minimum requirement,as shown in Table 2360.3-B2a,will be subject to reduced payment as outlined in Table 2360.4-L3.Tonnage subjected to reduced payment shall be calculated as the tons placed from the sample point I of the failing test until the sampling point when the test result is back within specifications. E8 Fine Aggregate Angularity ASTM C1252 Method A FAA test results shall meet the minimum criteria shown in Table 2360.3-B2a.ASTM C1252 I Method A shall be used to determine fine aggregate angularity on the composite blend from aggregates used in production of HMA.Mixtures that contain virgin aggregates may be tested from composite belt samples.Mixtures that I contain RAP must be tested from extracted aggregates taken from standard production samples.The percentage of uncompacted voids from the composite aggregate blend shall be tested at the following rates. (1) Perform two tests per day for each mixture blend for a minimum of two days and then one per day if I the test samples meet FAA requirements. (2) If FAA test results exceed 5 percent of the requirement,take one sample per day and perform one test per week. I FAA results must be reported on the test summary sheet.Mixture placed and represented by results below the minimums,as shown in Table 2360.3-B2a,will be subject to reduced payment as outlined in Table 2360.4-L3.Tonnage is subjected to reduced payment shall be calculated as the tons placed from the sample point of I the failing test until the sampling point when the test result is back within specifications. E8a -4.75 mm [-#4] Manufactured Crushed Fines (calculation)Mn/DOT Bituminous Manual I Under Marshall design,when the-4.75 mm[-#4] crushing is calculated,adjustments in target values from the composite blend must be made at the end of each days paving.If the target quantity(percent of -4.75 mm[-#4]to be crushed)changes due to mixture proportion or composite gradation change,a new target shall be established for the next days paving. E9 Field Tensile Strength Ratio(TSR) ASTM D4867 Mn/DOT Modified I At the discretion of the Materials Engineer,mixture will be sampled and tested to verify tensile strength ratio(TSR)W.If the Materials Engineer requires sampling and testing,both the Contractor and the Department will be required to test these samples within 72 hours after it is sampled. Sample size shall be 50 kg I [110 pound]minimum and split in half to provide a sample for the Department and the Contractor.The Department companion of this split shall be labeled with the date,time,Project number and approximate cumulative tonnage to date.The Department companion shall be given to the Department Street Inspector or Plant Monitor immediately or I delivered to the District Materials Engineer within 24 hours of sampling,as specified by the Engineer.Mixture samples shall be taken from behind the paver unless the Engineer approves an alternate sampling location. Specimen size shall be 100 mm[4 inch]for Marshall mix design and 150 mm[6 inch] for gyratory design The Contractor may test the sample at a permanent lab site or a field lab site. I (1) When utilizing Option 2 mix design,it is recommended a sample be obtained within the first 4,500 metric tons[5,000 tons] of HMA produced or by the second day of production,whichever comes first,to verify tensile strength ratio(TSR). Page 20 of 48 I i 1 2360/2350 Combined Specification December 23,2008 Minimum acceptable TSR values for production are shown in Table 2360.4-E9.The Contractor shall stop production immediately if minimum TSR requirements are not met.The Contractor will not be allowed to resume production until anti-strip has been added to the asphalt binder.Determination of who is responsible for the cost of the I anti-strip is based on Mn/DOT and Contractor TSR values as outlined in Tables 2360.4E9A,2360.4E9B,and 2360.4E9C.When Mn/DOT is responsible for the cost of the anti-strip,payment will be made only for the cost of the anti-strip for mixtures placed on that project. Mn/DOT will not reimburse the Contractor for any delay costs I associated with making changes related to this testing. Table 2360.4-E9 Mixture Type--Minimum TSR 1 I LV and MV Gyratory Traffic Level 2-3 Traffic Level 4-5 Contractor Mn/DOT Contractor Mn/DOT Contractor Mn/DOT 70% 60% 75% 65% 80% 70% I Table 2360.4-E9A LV and MV Contractor TSR IA Mixtures >70 <70 II Mn/DOT >60 NA Mn/DOT TSR <60 Contractor Contractor Table 2360.4-E9B t Gyratory Level Contractor TSR 2-3 >75 <75 Mn/DOT >65 NA Mn/DOT ITSR <65 Contractor Contractor Table 2360.4-E9C I Gyratory Level Contractor TSR 4-5 >80 <80 Mn/DOT >70 NA Mn/DOT TSR <70 Contractor Contractor 1 Another sample shall be taken and tested within the first 450 metric tons [500 tons] after production resumes.If the re-test fails to meet the minimum specified value the Contractor shall stop production immediately. 1 Production cannot resume until the Contractor has discussed,with the Engineer,a proposal for resolving the problem. The Contractor shall not operate below the specified minimum TSR on a continuing basis.A continuing basis shall be defined as 2 or more successive tests failing the TSR requirements. IThe following conditions will automatically require a sample to be taken and tested: 1. A proportion change of more than 10 percent(from the currently produced mixture)for a single I 2. stockpile aggregate. The discretion of the Engineer. Dispute resolution procedures for TSR are on file in the Bituminous Office. IE10 Aggregate Specific Gravity(Gsb) .AASHTO T84 and T85,Mn/DOT modified I At the discretion of the District Materials Engineer,aggregate stockpiles will be sampled and tested to verify aggregate specific gravity.Representative stockpile samples shall be 40 kg[90 pounds] for each aggregate component.All samples shall be split in half to provide material for both the Depaftment Owner and the Contractor. I The Depaftmient Owner companion of this split shall be labeled with the date,time,Project number and approximate cumulative tonnage to date. Page 21 of 48 I i 2360/2350 Combined Specification December 23,2008 The Department Owner's companion shall be given to the Plant Monitor immediately or delivered to ' the District Distriet-Materials Engineer within 48 hours of sampling,as specified by the Engineer.Aggregate specific gravity results will be compared to the Contractor's values on the current Mix Design Report.If the results deviate beyond the tolerance specified in Table 2360.4-M,the District Mils Engineer will immediately contact the Contractor and issue a new Mix Design Report with the current specific gravity results.Any mixture placed following notification of new specific gravity values will be based upon Department results.The Contractor shall be notified immediately when new specific gravity values become available and what impact this will have on the calculated VMA.The dispute resolution procedure for aggregate specific gravity is on file in the Bituminous Office. E11 Moisture Content .Mn/DOT 5-693.950 Provide a mixture with moisture content not greater than 0.3 percent.The moisture content in the mixture shall be measured behind the paver or alternate approved sampling method on file in the Bituminous Office. Sampling and testing shall be conducted by the Contractor on a daily basis unless exempted by the Engineer. Sampling and testing is suggested when rain on stockpiles exceed more than 5 mm[0.2 inch] in a 24 hour period. The sample shall be stored in an airtight container.Microwave testing is prohibited. HMA that exceeds 0.3%moisture content is unacceptable.The Contractor shall take appropriate action to remove excess water from the mixture. This action may include reducing the production rate,mixing stockpile aggregates prior to placement into the feed bins,and use of covered stockpiles. E12 Asphalt Binder Samples The Contractor shall sample the first shipment of each type of asphalt binder,then sample at a rate of one per 1,000,000 liters[250,000 gallons]; sample size shall be 1.0L[1 quart].All samples shall be taken in accordance with the Mn/DOT Bituminous Manual 5-693.920. Sampling shall be conducted by Contractor and monitored by the Inspector.The Contractor shall record sample information on Asphalt Sample Identification Card. Promptly submit the sample to the Department Materials Laboratory in Maplewood.Contact the Department Chemical Laboratory Director for disposition of failing asphalt binder samples. F Documentation(Records) The Contractor shall maintain documentation,including test summary sheets and control charts,on an ongoing basis. The Contractor shall also maintain a file of gyratory specimen heights for all gyratory compacted samples and test worksheets.Reports,records,and diaries developed during the progress of construction activities for the Project,shall be filed as directed by the Engineer and will become the property of the Department.The Contractor shall: I (1) Number test results in accordance with standard Department procedures and record on forms approved/supplied by the Department. (2) Facsimile or when approved by the Engineer,electronically transmit(email)all production test results on test summary sheets to the District Materials Laboratory and to other sites as requested by the Engineer,by 11 AM of the day following production. I (2a) Include the following production test results and mixture information on the Department approved test summary sheet. I I Page 22 of 48 I 2360/2350 Combined Specification December 23,2008 (1)The Contractor shall begin mixture production using all aggregate proportions included on the Mixture Design Report unless the aggregate proportion is shown as 0 percent. J1 JMF Request for Adjustment If,during production,the Contractor determines from results of QC tests that adjustments to the mix design are necessary to achieve the specified properties,the following provisions shall apply.Unless otherwise authorized by the District Materials Engineer,no adjustments are allowed using aggregates or materials not part of the original mix design. The Contractor shall make a request for a JMF adjustment to the Department Bituminous Engineer or District Materials Engineer.The requested change will be reviewed for the Department by a Certified Level II Bituminous QM Mix Designer.If the request meets the design requirements in Tables 2360.3-B2a and 2360.3-B2b,a revised Mixture Design Report shall be issued.Each trial mixture design submittal as described in Section 2360.3A may have three JMF adjustments per mixture per project without charge.Additional JMF adjustments requested must be accompanied with a$500 fee per each additional JMF adjustment,payable to the Commissioner of Transportation. If a JMF change is requested for the 0.075 mm [#200] sieve,the Fines to Effective Asphalt Ratio shall be determined on the moving average from the previous four gradation tests conducted during actual production. The adjusted JMF shall be within the mixture specification gradation design broadbands shown in Section 2360.2E. Should a redesign of the mixture become necessary,a new JMF shall be submitted.The JMF asphalt content may only be reduced if the production VMA meets or exceeds the minimum VMA requirement for the mixture being produced. Adjustments will be made as a result of an interactive process between the Contractor,Engineer,and District Materials Engineer.Consecutive requests for JMF adjustments,without production data,are not allowed.The calculation of the moving average shall continue after the JMF has been approved. Jla JMF Request for Adjustment for Proportion Change>10% If a JMF adjustment is requested for a proportion change exceeding 10%(from the currently produced mixture)for a single stockpile aggregate,supporting production test data from a minimum of four tests run at an accelerated testing rate of 1 test per 450 metric tons[500 tons]must be included with the request for adjustment.In addition to the requirements listed above,acceptable verification and approval of the requested JMF will be based on individual and moving average test results.Individual test results must be within twice the requested JMF limits for percent asphalt binder,production air voids,and VMA.Individual gradation must be within twice the requested JMF bands.The moving average values must be within the control limits of Table 2360.4-H.The calculation of the moving average shall continue after the change in proportions. If the mixture meets the specified quality indicators,the request for JMF adjustment will be signed by the District Materials Laboratory and considered effective from the point the proportion change was made.Failure to meet the quality indicators will result in reduced payment or removal and replacement with acceptable material. Consecutive requests for JMF adjustments without production data are not allowed. K Corrective Action--Percent Asphalt Binder Content,VMA,and Gradation and Production Air Voids When the moving average values trend toward the JMF limits,the Contractor shall take corrective action.The corrective action taken shall be documented on summary sheets and,if applicable,a request for JMF adjustment shall be submitted to the District Materials Engineer for review and approval.All tests shall be part of the project files and shall be included in the moving average calculations.The Contractor shall notify the Engineer whenever the moving average values exceed the JMF limits. I Page 25 of 48 I I 2360/2350 Combined Specification December 23,2008 L Failing Materials The determination of price adjustments for failing materials will be based on the criteria outlined in this Section.Material acceptance is based on individual and moving average test results.Isolated test results are used for acceptance of air voids at the start of mixture production.Generally,individual test results which are more than twice the JMF bands are considered failing.Moving average test results are considered failing when they exceed the JMF limits.The Contractor shall begin new summary sheets annually for winter carry-over projects. If the moving average values exceed the JMF limits,the Contractor shall stop production and make adjustments.The Contractor shall restart production only after notifying the Engineer of the adjustments that have been made.Testing shall resume at the accelerated rates and for the tests listed in Table 2360.4-D for the next 1800 metric tons [2,000 tons] of mixture produced. The calculation of the moving average shall continue after the stop in production. Mixture produced where the moving average of four exceeds the JMF limits shall be considered unsatisfactory and subject to requirements of Section 2360.4L4,L5,L6,and L7.Individual test failures are discussed in Section 2360.4L1,L2,and L3. When the total production of a mixture type for the entire project requires less than four tests, acceptance of material will be consistent with the criteria outlined in Section 2360.4L 1,L2,and L3. When the Contractor's testing data fails to meet specified tolerances as listed in Table 2360.4-M, quality assurance/verification data shall be used in place of the Contractor's data to determine the appropriate payment factor. L1 Isolated Failures at Mixture Start-Up-Production Air Voids At the start-up of mixture production,before i P p ore a moving average of four can be established the first three(3)isolated test results for production air voids will be used for acceptance.Isolated production air voids are calculated by using the maximum mixture specific gravity and the corresponding bulk specific gravity from that single test.After four(4)samples have been tested and a moving average of four can be established,acceptance will be based on individual and moving average production air voids. If,at the start of production,any of the first three(3)isolated test results for production air voids 1 exceeds twice the JMF bands from the target listed on the Mixture Design Report,the material is considered unsatisfactory or unacceptable.Reduced payment as outlined in Table 2360.4-L3 shall apply to all tonnage placed from the sample point of the failing test until the sample point when the isolated test result is back within twice the JMF bands.When the failure occurs at the first test,after the start of production,the tonnage subjected to reduce payment shall be calculated as described above and shall include the tonnage from the start of production. When isolated air voids are less than 1.0%or greater than 7.0%the Engineer will decide whether the II mixture is subject to removal and replacement or reduced payment.If the mixture is to be removed and replaced,the Contractor at his expense will perform the work.To better define the area to be removed and replaced the Engineer may require the Contractor to test inplace mixture. This may include testing mixture placed prior to the failing test result.Reduced payment will be 50 percent of the Contract bid price. L2 Individual Failure at Mixture Start-Up-VMA At the start-up of mixture production,before a moving average of four can be established,the first three(3)individual test results for VMA will be used for acceptance.After 4 samples have been tested and a moving average of four can be established,acceptance will be based on individual and moving average VMA. If,at the start of production,any of the first three(3)individual VMA test results exceeds twice the JMF bands from the target listed on the Mixture Design Report,the material is considered unsatisfactory or unacceptable.Reduced payment as outlined in Table 2360.4-L3 shall apply to all tonnage placed from the sample II point of the failing test until the sample point when the test results are back within twice the JMF limits. When the Page 26 of 48 1 I I 2360/2350 Combined Specification December 23,2008 IThe Engineer may obtain additional samples,at any time,to determine quality levels.These additional samples or verification samples are described in Section 2360.4N.For mixture,the Contractor shall test their portion immediately. IIIAll testing and data analysis shall be performed by the Certified Level I Bituminous Quality Management(QM)Technician.Certification shall be in accordance with the Mn/DOT Technical Certification I Program.The Department shall post a chart giving the names and telephone numbers for the personnel responsible for the Quality assurance program. The Engineer shall calibrate and correlate all laboratory testing equipment in accordance with the Ilatest versions of the Mn/DOT Bituminous Manual and Laboratory Manual. Table 2360.4-M Allowable Differences(Tolerances)Between Contractor and Mn/DOT Test Results* I Item Allowable Difference Mixture Bulk Specific Gravity(Gmb) 0.030 Mixture Maximum Specific Gravity(Gmm) 0.019 I VMA(Calculated) 1.2 Fine Aggregate Angularity,uncompacted voids(U)% 1 Coarse Aggregate Angularity,%fractured faces(%P) 15 I Aggregate Individual Bulk Specific Gravity(+4.75 mm [+#4]) 0.040 Aggregate Individual Bulk Specific Gravity(-4.75 mm [-#4]) 0.040 Aggregate combined blend Specific Gravity(Gsb) 0.020 I Tensile Strength Ratio(TSR)% See Table 2360.3-B2b Asphalt Binder Content Meter Method,% 0.2 ISpot Check Method,% 0.2 Chemical Extraction Methods,% 0.4 Incinerator Oven,% 0.3 Chemical vs.Meter, Spot Check,or Incinerator methods 0.4 I Incinerator Oven vs. Spot Check 0.4 Gradation Sieve%passing 25.0, 19.0, 12.5,9.5 mm [1 inch,3/4 inch,1/2 inch,3/8 inch] 6 4.75 mm[#4] 5 III 2.36 mm[#8] 4 0.075 mm [#200] 2.0 I *Test tolerances listed are for single test comparisons. N Verification Testing I A verification sample is a sample,which is sampled and tested by Mn/DOT to assure compliance of the Contractor's Quality Control program.A verification companion is a companion sample,to Mn/DOT's verification sample,provided to the Contractor.The Contractor is required to test and use this verification companion sample as I part of the QC program. The verification companion sample will replace the next scheduled QC sample.It is recommended enough material be sampled to accommodate retesting should the samples fail to meet requirements as described below. I Verification testing shall be performed on at least one set of production tests Section 2360.4E, excluding sections E9,E10,E111,and E12,on a daily basis per mix type.The verification companion sample will be used to verify the requirements of Tables 2360.2-E,2360.3-B2a,2360.3-B2b,and 2360.3-B2c and will be compared to the Verification sample for compliance with allowable tolerances as specified in Table 2360.4-M.These include the mixture properties of Gmm(mixture max gravity),Gmb(mixture bulk gravity),asphalt binder content,VMA (calculated),Coarse and Fine Aggregate crushing,and gradation.For Coarse and Fine Aggregate crushing that Page 29 of 48 I 2360/2350 Combined Specification December 23,2008 meets the requirements of Section 2360.4E7 and 2360.4E8 the one test per week shall be performed on a verification companion.These do not include the aggregate bulk specific gravity Gab,fines to effective asphalt,or the tensile strength ratio(TSR).Asphalt binder content and gradation must be determined by either extraction method 2360.4Elb or 2360.4E1c.Asphalt content from the verification test result must be used to determine VMA. The Department's verification test results will be available to the Contractor within 2 working days from the time the sample is delivered to the District Laboratory for Gmm mixture max gravity,Gmb mixture bulk gravity,air voids(calculated),asphalt binder content,VMA(calculated).Gradation and crushing results will be provided to the Contractor within 3 Mn/DOT working days.Once the verification test results are available,they will be included on the test summary sheet.These results and those from the Contractor's verification companion will be compared for allowable tolerances as specified in Table 2360.4-M.If the tolerances are met,the verification process is complete. If the tolerances between Department and Contractor are not met,retests of the material shall be conducted by the Department.If the retests fail to meet tolerances,the Department's verification test results will be substituted for the Contractor's results in the QC program and used for acceptance.Only those parameters out of tolerance will be substituted and,if applicable,volumetric properties will be recalculated(1). When tolerances from the verification sample retests are not met,an investigation will begin immediately to determine the cause of the difference.Testing equipment,procedures,worksheets,gyratory specimen height sheets,and personnel will be reviewed to determine the source of the problem.The District Materials Engineer may also require a hot-cold comparison of mixture properties be performed.The procedure for hot-cold comparisons is as follows: The hot-cold comparison sample will be split into three representative portions.The Engineer will observe the Contractor testing the sample.One part shall be compacted immediately while still hot (additional heating maybe required to raise the temperature of the sample to compaction temperature).The second and third part will be allowed to cool to air temperature.The Contractor will retain the second part and the third part will be transported to the District Materials Laboratory. On the same day and at approximately the same time the Contractor and the District Materials Laboratory will heat their samples to compaction temperature and compact them.From this information a calibration factor will be developed to compare the specific gravity of the hot compacted samples to reheated compacted samples.Each test will involve a minimum of three Marshall specimens or two gyratory specimens.This test may be repeated at the discretion of the Contractor or the District Materials Engineer. Note: Care must be taken when reheating samples for mixture properties analysis tests.Mix samples should be reheated to 70°C [160°F]to allow splitting of the sample into representative fractions for the various tests.Overheating of the mixture portions to be tested for maximum specific gravity (Rice Test)may result in additional asphalt being absorbed in the aggregate. The Department will test the previously collected QA samples until they meet the tolerances or the remaining samples are all tested.Once these samples are tested,the department will test QA samples subsequent to the verification sample until tolerances are met.Acceptance will be based on QC data with substitution of Department test results for those parameters out of tolerance(1).If reestablishment of test result tolerances is not achieved within 48 hours,the Contractor shall cease mixture production and placement until the problem is resolved. (1) If,through analysis of data,it is determined there is a bias in the test results,the Engineer will determine which results are appropriate and shall govern.Methods to analyze data for determination of bias are on file in the Bituminous Office. 2360.5 CONSTRUCTION REQUTREMENTS A General I Page 30 of 48 I 2360/2350 Combined Specification December 23,2008 H Small Quantity HMA Paving Unless otherwise indicated in the Special Provisions,the following provision fora small quantity of I li asphalt mixture shall apply. A Mixture Design Report is not required for planned project quantities less than 191,200 m2 mm [9,000 square yard inches 4,500 square yards per 2 inch thickness,etc])or 450 metric tons[500 tons].However, the Contractor shall verify in writing the asphalt mixture delivered to the project meets the requirements of Table 2360.3-B2a and Table 2360.3B2b.The Department will obtain samples,as determined by the Engineer,to verify mixture requirements.These results will be used for material acceptance.Acceptance of material will be in accordance with the criteria outlined in Section 2360.4L1,L2,L3,and L8. 1 2360.6 PAVEMENT DENSITY A General IAll pavements will be compacted in accordance with the Maximum Density Method unless otherwise specified in the Contract special provisions or as noted in Section 2360.6C. IB Maximum Density Method All courses or layers of plant mixed asphalt mixtures for which the Maximum Density Method is used shall be compacted to a density not less than the percentage shown in the Table of Required Density,Table 2360.6-B2,for the applicable mixture and course. I gl Maximum Density Determination The Density requirements listed in Table 2360.6B2 are percent of maximum specific gravity (%Gmm)based on the individual lot.The Maximum specific gravity value used to calculate the percentage density for the lot shall be the average value obtained from the maximum gravity results from production tests taken during that days paving.If only one or two maximum specific gravity values were obtained that day,then the moving average value(at that test point)shall be used.If three or more maximum specific gravity values are obtained that day,then the average of those tests alone shall be used as indicated above. Bla Pavement Density Determination I The density of each lot shall be expressed as a percentage of the maximum specific gravity(%Gmm) obtained by dividing the average bulk specific gravity for the lot by the maximum specific gravity multiplied by 100, (maximum specific gravity basis is the average Gmm of QC tests done on the day that the individual lot was paved as described above).Determination of the bulk specific gravity of the cores shall be in accordance with AASHTO T-166, I Mn/DOT modified.For coarse graded mixtures the Engineer may require determination of bulk specific gravity of the cores be in accordance with ASTM D6752 Mn/DOT modified(Corelok).Both the Contractor and Mn/DOT shall use the same test method to determine bulk specific gravity.The determination of coarse and fine graded mixtures will be ibased on the percentage of material passing the 2.365 mm sieve [#8] as defined in Table 2360.3-B2c. Compaction operations shall be completed within 8 hours of mixture placement and before core samples are obtained for density determination.Only pneumatic tired or static steel rollers are permitted for any compactive effort performed between 6 and 8 hours after mixture placement. Compacted mixtures represented by samples or tests having deficient densities shall not be rerolled. I The Contractor shall not operate below the specified minimum density on a continuing basis.A continual basis shall be defined as all lots in a day's production failing to meet minimum density or more than 50%of lots on multiple days which fail to meet minimum density requirements.Production shall be stopped until the source of the problem is determined and corrective action is taken to bring the work into compliance with specified minimum required density. Page 35 of 48 I I 2360/2350 Combined Specification December 23,2008 B2 Required Density Minimum density requirements for both gyratory(SP)and Marshall designed mixtures are listed in Table 2360.6-B2. Unless otherwise indicated in the Plans or Special Provisions,shoulders wider than 1.8 meters [6 feet]paved shall be compacted by the Maximum Density Method.When shoulders are required to be compacted by the Maximum Density Method and are paved in a separate operation or have a different required minimum density than the driving lane,the lot tonnage placed on the shoulder shall be delineated in separate lots from the driving lanes ifor the day paving was conducted. Unless otherwise indicated in the Plans or Special Provisions a narrow shoulder, 1.8 meter[6 feet] or less wide,that is paved in the same pass as a driving lane or that is paved separately will be compacted by the Ordinary Compaction Method.Mixture compacted under Ordinary Compaction is excluded from lot density 1 requirements and that tonnage is also excluded from incentive/disincentive payment. If the Plans or Special Provisions indicate a narrow shoulder is to be compacted by the Maximum Density Method,the minimum required density is listed in Table 2360.6-B2.If the minimum required density of the shoulder is different than the driving lane,the tonnage placed on the shoulder shall be delineated in separate lots from the driving lane. Echelon paving(two payers operating next to each other in adjacent lanes)shall be considered separate operations. ) Table 2360.6-B2 Required Minimum Lot Density SP Wear and All MV and LV Mixtures(1)2) SP Nonwear(I)(2) SP Shoulders(')(2 Designed at Designated at 3%voids 4%voids %Gmm 92.0 910 93.0 92.0 1) Minimum reduced by one percent on the first lift constructed over PCC pavements. 2) Minimum reduced by one percent for the first lift constructed on aggregate base(mainline and shoulder),reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 6.35 metric ton[7 ton] or less spring load restriction(roadway includes shoulders). B2a Lots&Core Locations Table 2360.6-B2a Lot Determination Daily Production Metric(ton) [English(Ton)] Lots 270*-545 [300*-600] 1 546-910 [601 -1,000] 2 911 - 1,455 [1,001 - 1,600] 3 1,456-3,275 [1,601 -3,600] 4 3,276-4,545 [3,601 -5,000] 5 4,546+ [5,001+] 6 *When mix production is less than 270 metric tons[300 tons],establish 1st lot when accumulative tonnage exceeds 270 metric tons [300 tons]. Divide the days production into equal lots as shown in Table 2360.6-B2a.The Engineer may require additional density lots be established to isolate areas affected by equipment malfunction/breakdown,heavy I Page 36 of 48 I I 2360/2350 Combined Specification December 23,2008 rain,or other factors that may affect the normal compaction operations.Obtain three cores in each lot.Two cores will be taken from random locations selected by the Engineer.The third core,a companion core,shall be taken within 0.3 meters [1 foot] longitudinally from either of the first two cores.The companion cores shall be given to the Department Street Inspector immediately upon completion of coring and sawing.The random locations will be determined by the Engineer using statistically derived stratified random number tables or other approved methods of random number generation.These will also be used for partial lots.Both transverse and longitudinal joints are subject to maximum density requirements.If the random core location falls on an unsupported joint,at the time of compaction,(the edge of the mat being placed does not butt up against another mat,pavement surface,etc.)cut the core with the outer edge of the core barrel 0.3 meters [1 foot]away(laterally)from the edge of the top of the mat (joint).If the random core location falls on a confined joint(edge of the mat being placed butts up against another mat, pavement surface,curb and gutter,or fixed face),cut with the outer edge of the core barrel 150 mm t 12.5 mm R [6 inches±0.5 inch] from the edge of the top of the mat(ex.center of 100 mm[4 inch] core barrel 200 mm t 12.5 mm [8±0.5 inches] from the edge of the top of the mat).Cores will not be taken within 300 mm [1 foot]of any unsupported edge The Contractor shall be responsible for maintenance of traffic,coring,patching the core holes,and sawing the cores if necessary to the proper thickness prior to density testing. B3 Core Testing Cores will be taken and tested by the Contractor.Core locations will be determined and marked by the Engineer.The Contractor shall schedule the approximate time of testing during normal project work hours so that the Engineer may observe and record the saturated surface dry and immersed weight of the cores. Density determination will be made by the end of the next working day after placement and compaction.If multiple layers are placed in a single day,cores shall be sawn and separated for each layer,tested and reported by the end of the next working day. The Contractor will cut pavement samples from the completed work with power equipment,and restore the surface by the end of the next working day with new,well compacted mixture without additional compensation.Failure to restore the surface within 24 hours of coring shall subject the Contractor to a fine of$100 per working day,per lot,until the core holes are restored.Cores shall be cut using a 100 mm[4 inch]minimum outer diameter coring device.All samples shall be marked with the lot number and core number or letter.The cores shall be transported to the laboratory as soon as possible to prevent damage due to improper handling or exposure to heat. These companion cores may be tested by the Inspector on Department scales or transported to the Department's Field Laboratory or District Materials Laboratory. Measure each core three times for thickness prior to saw cutting,report the average lift thickness on the core sheet.These average thicknesses will contribute to thickness compliance as described in Section 2360.7A If the Department companion core test result for bulk specific gravity(Gmb)deviates beyond the allowable tolerance of 0.030,substitute Department companion result for Contractor's core result and then average the Department result with the non-companion result for the lot density acceptance.If,through analysis of data,it is determined there is a bias in the test results,the Engineer will determine which results are appropriate and shall govern. If the Gmb tolerance fails in more than 2 lots in a day of either consistently high or low differences between the companion cores then an investigation to determine the source of errors shall be conducted.Companion cores samples shall be increased to two per lot and tested until investigation is complete and tolerances are met. The Engineer may allow recoring of a sample only when the core has been damaged through no fault of the Contractor,either during the coring process or in transit to the laboratory. B4 Maximum Density Acceptance and Payment Schedule The density of compacted mixture shall be accepted by pavement cores on a lot basis. Page 37 of 48 I I 2360/2350 Combined Specification December 23,2008 ' will be used for acceptance if the determined bulk specific gravity Gmb from The Contractor's cores p p �' ty mb AASHTO T-166,Mn/DOT modified or ASTM D6752 Mn/DOT modified(Corelok)is within±0.030 of the state companion Gmb value.Payment for lot densities of compacted mixture shall be determined from Table 2360.6-B4 or 2360.6-B4A.Incentive and disincentive payments are for both wearing and non-wearing courses. When the density requirement has been reduced by one percent,per Table 2360.6-B2,footnote 1 & 2,payment adjustments for lot densities will be made as specified in Table 2360.6-B4A.Incentive payments are excluded when the minimum density has been reduced.However,at the Contractors request and with approval of the Engineer,the reduced density requirement may be waived and density evaluated under Table 2360.6-B4,including incentives,for first lift constructed on aggregate base,reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 6.35 metric ton[7 ton] or less spring load restriction(reduced density shall not be waived for the first lift constructed on PCC pavements).The request and approval shall be made after the first days paving and before the third days paving begins.Once the request has been approved,evaluation of density will be in it accordance with Table 2360.6-B2(excluding footnote 2)and Table 2360.6-B4,and will remain in effect for the duration of mixture placement on that lift.The Contractor will also be responsible for compliance with any construction requirements on subsequent lifts. Table 2360.6-B4 1 Payment Schedule for Maximum Density Percent of Max Specific Gravity(2) Percent of Max Specific Gravity(2) Percent SP Wear SP Non-Wear Payment All MV&LV,SP Shld(4%Void) SP Shoulders(3%Void) 93.6 and above 94.6 and above 104(3) 93.1 -93.5 94.1 -94.5 102(3) 92.0-93.0 93.0-94.0 100 91.0-91.9 92.0-92.9 98 90.5-90.9 91.5-91.9 95 90.0-90.4 91.0-91.4 91 89.5-89.9 90.5 -90.9 85 89.0-89.4 90.0-90.4 70 Less than 89.0(4) Less than 90.0 (4) Table 2360.6-B4A(1) 1%Reduced Table II Percent of Max Specific Gravity(2) Percent of Max Specific Gravity(2) Percent SP Wear SP Non-Wear Payment All MV&LV, SP Shld(4%Void) SP Shoulders(3%Void) II 91.0 and above 92.0 and above 100 90.0-90.9 91.0-91.9 98 89.7-89.9 90.5 -90.9 95 89.4- 89.6 90.0-90.4 91 89.2-89.3 89.5-89.9 85 89.0-89.1 89.0-89.4 70 Less than 89.0(4) Less than 89.0 (4) 1 (1) Minimum reduced by one percent for the first lift constructed on aggregate base(mainline and shoulder),reclaimed or cold inplace recycled base courses and first lift of an overlay on a roadway with a 6.35 metric ton[7 ton] or less spring load restriction(roadway includes shoulders).Minimum reduced by one percent on the first lift constructed on PCC pavements(reduced density cannot be I waived). (2) In calculating the percent of maximum specific gravity,report to the nearest tenth. (3) The payment in this portion of the specification shall apply only if the day's weighted average individual production air voids are within-0.5 percent of the target air void value.The weighted Page 38 of 48 I 2360/2350 Combined Specification December 23,2008 I average air voids shall be based on all the mixture production tests(2360.4e)for the corresponding day and shall be weighted by the tons the corresponding test represents. ( ) The HMA material represented by the lot shall be paid at a 70%pay factor,unless a single core density is less than 87.0%of the maximum specific gravity(Gmm).If a single core density is less I than 87.0%of Gmm,the Engineer will decide whether the mixture is subject to removal and replacement or reduced payment.Reduced payment will be 50 percent of the Contract bid price.If the mixture is to be removed and replaced,the Contractor at his expense will remove and replace I with mixture that meets the density requirement.The limits of the area to be removed and replaced will be determined by additional core samples.These additional core samples shall be taken at the same offset from centerline as the original core;unless the original low density core was taken within 0.45 m[1.5 feet] of an edge of the paver pass.In that case,the additional cores shall be taken 0.45 m [1.5 feet] from the edge of the paver pass.The densities shall be determined at 15 m [50 foot]intervals,both ahead and back of the point of unacceptable core density(less than 87.0%of Gmm),until a point of acceptable core density(87.0%of Gmm or greater)is found.If the incremental core density testing extends into a previously accepted lot,removal of the unacceptable material will be required;however,the results of these tests shall not be used to recalculate the previously accepted lot density.All costs incurred from additional coring and testing,resulting from unacceptable core density,will be paid by the Contractor.The unacceptable pavement area is to be I computed as the product of the longitudinal limits so determined by the 15 m[50 foot] cores and the full width of the paver pass,laying in the traffic lane or lanes. Shoulders shall be exempt from this calculation unless density failure occurred in the shoulder area. 1 After the unacceptable material(core density less than 87.0%of Gmm)has been removed and replaced,the density of the replacement material will be determined by the average of two cores. Payment for the replacement material will be in accordance with Tables 2360.6-B4 or 2360.6-B4A, I whichever applies.There will be no payment for the material removed.The remainder of the original lot shall have a 70%pay factor. C Ordinary Compaction Method IOrdinary compaction shall be used for layers identified in the typical sections with a minimum planned thickness of less than 40 mm [1 1/2 inches],thin lift leveling,wedging layers,patching layers,driveways, I areas which cannot be compacted with standard highway construction equipment.Unless otherwise indicated in the Plans or Special Provisions recreational trails shall also be compacted by ordinary compaction.The ordinary compaction method shall not be used on mainline,ramp,or loop paving,unless otherwise designated in the plans or special provisions.When density is evaluated by the ordinary compaction method a control strip shall be used to I establish a rolling pattern.This shall be used by the Contractor for the compaction of the asphalt mixture for the layer on which the control strip is constructed,or until a new control strip is constructed.The control strip requirement may be waived,by the Engineer,in small localized areas or other areas not conducive to its establishment. IA control strip shall be constructed at the beginning of the work on each lift of each course.Each control strip shall have an area of at least 330 m2[395 square yards] and shall be of the same thickness as the lift it represents.The subgrade or pavement course upon which a control strip is to be constructed shall have the prior Iapproval of the Engineer.The control strips shall remain in place and become part of the completed work. The materials used in the construction of the control strips shall conform to the specified I requirements for the course.The materials used in the control strip shall be from the same source and of the same type as the materials used in the remainder of the course that the control strip represents. The equipment used in the construction of the control strips shall be approved by the Engineer and I shall be the same type and mass used on the remainder of the pavement course represented by the control strip.A minimum of two rollers shall be required.A rolling pattern shall be established for each roller.A pneumatic-tired roller shall be available for compaction operations within 24 hours after request by the Engineer.The final rolling I Page 39 of 48 I I 2360/2350 Combined Specification December 23,2008 shall be performed with a tandem steel-wheeled roller.Areas that are inaccessible to the conventional type rolling equipment shall be compacted to the required density by using trench rollers or mechanical tampers. Construction of the control strips will be as directed by the Engineer.Compaction shall commence as soon as possible after the mixture has been spread to the desired thickness and shall continue until no appreciable increase in density can be obtained by additional roller's coverages.Densities will be determined by means of a portable nuclear testing device or suitable approved alternate and a growth curve shall be developed to determine the optimum rolling pattern.The Contractor shall furnish documentation of the growth curve to the Engineer. To determine when no appreciable increase in density can be obtained,two test points shall be established in the control strip on a random basis and the density at each point shall be measured by a portable nuclear device or suitable approved alternate after each roller pass.Rolling shall be suspended when testing shows either a decline of more than 2%of the maximum specific gravity or when additional roller passes fail to increase the density. After said testing is accomplished,rolling on the remainder of that course shall be done in accordance with the pattern developed in the test strip for that roller.A separate rolling pattern and time interval shall be established for each roller. A new control strip shall be ordered by the Engineer when: (a) A change in the JMF is made,or (b) A change in the source of material is made or a change in the material from the same source is observed. I A new control strip may be ordered by the Engineer or requested by the Contractor when: (a) Ten days of production have been accepted without construction of a new control strip,or (b) There are other reasons to believe that a control strip density is not representative of the HMA mixture being placed. The nuclear testing device shall be furnished and operated by the Contractor.The furnishing of the testing device and the operator will be considered incidental to the furnishing and placement of the HMA mixture and shall not be compensated for separately.The device shall be calibrated according to procedures described in the Mn/DOT Bituminous Manual. Each course shall be uniformly compacted until there is no further evidence of consolidation and all roller marks are eliminated. When this method is employed,and the quantity of mixture placed by the paver exceeds 100 metric tons [110 tons]per hour,at least two rollers are required for compacting the mixture placed by each paver. Cl Rollers The following requirements for rollers apply only when compaction is obtained by the ordinary compaction method. C2 Steel-Wheeled Rollers . Steel-wheeled rollers shall be self-propelled and has a minimum total mass of 7.3 metric tons [8 tons],or as otherwise specified in the Contract.When vibratory rollers are used,they shall produce 45 IN per meter [3,085 lbf per foot]of width.The frequency should be at least 2400 vpm and amplitude setting low.The roller shall be capable of reversing without backlash and shall be equipped with spray attachments for moistening all rollers on both sets of wheels. 1 I Page 40 of 48 I I I 2360/2350 Combined Specification December 23,2008 IC3 Pneumatic-Tired Rollers The pneumatic-tired roller shall have a compacting width of 1.5 m[5 feet] or more.It shall be so constructed that the gross wheel load force shall be a minimum of 13 kN[3,000 pounds]per wheel for LV and MV I mixtures and SP Level 2-3 mixtures and 22 kN [5,000 pounds]per wheel for SP Level 4-6 mixtures and can be varied as directed by the Engineer.The tire arrangement shall be such that full compaction will be obtained over the full width with each pass of the roller. IThe roller may be self propelled or provided with suitable tractive equipment,unless otherwise specified in the Contract.If more than one roller is propelled by a single tractive unit,then that combination will be counted as a single roller unit. 1 C3a Vibratory Pneumatic-Tired Rollers I Vibratory pneumatic-tired rollers shall be self-propelled and have a minimum total mass of 7.3 metric tons[8 tons],or as otherwise specified in the Contract.The compacting width shall be 1.5 m [5 feet]or more.The tire arrangement shall be such that full compaction will be obtained over the full width with each pass of the roller. IC4 Trench Rollers I Trench rollers shall be self propelled and have a mass of not less than 4 400 kg per meter [2,960 pounds per foot]of width. C5 Mixture Temperature Controls 1 If compaction is obtained by the ordinary compaction method,the minimum laydown temperature in all courses(as measured behind the paver or spreading machine)of the asphalt mixture shall be in accordance with the temperature requirements of Table 2360.6-05.Unless directed by the Engineer in writing,no paving is allowed under Ithe Ordinary Compaction Method when the air temperature is below 0°C [32°F]. Table 2360.6-05 I Mixture Temperature Control Air Temperature _ Compacted Mat Thickness,mm(A) I °C [°F] 25 mm [1 inch] 40 mm[1-1/2 inch] 50 mm[2 inch] >75 mm[3 inch] +0-5 [32-40] 129 [265] 124 [255] 121 [250] +6 10 [41-50] 130"[270] 127 [260] 121 [250] 118 [245] + 11-15 [51-60] 127(B)[260] 124 [255] 118 [245] 115 [240] I + 16-21 [61-70] 121(8) [250] 118 [245] 115 [240] 113 [235] +22-27 [71-80] 118 [245] 115 [240] 113 [235] 113 [235] +28-32 [81-90] 113 [235] 110 [230] 110 [230] 110[230] I +33 [91+] 110 [230] 110[230] 110 [230] 107 [225] (A) Based on approved or specified compacted lift thickness. (B) A minimum of one pneumatic-tire roller shall be used for intermediate rolling unless otherwise directed by the Engineer.The Engineer may specify or modify in writing(with concurrence from the Department Bituminous Engineer)a minimum laydown temperature. 2360.7 THICKNESS AND SURFACE SMOOTHNESS REQUTREMENTS iA Thickness After compaction the thickness of each lift shall be within a tolerance of 6 mm [1/4 inch] of the thickness shown in the Plans,except that,if automatic grade controls are used,this thickness requirement will not apply to the first lift placed. This thickness requirement will not apply to a leveling lift whether or not automatic grade controls are 11 Page 41 of 48 I 2360/2350 Combined Specification December 23,2008 required.The Engineer may require removal and replacement,at the Contractor's expense,of any part of any lift that is constructed to less than the minimum required thickness. Cores taken for density determination shall be measured for thickness also.Each core shall be measured 3 times for thickness prior to sawing.Report the average of these three measurements.Each lot's average core thickness shall be documented and submitted to the Engineer.If the average of the two Contractor cores exceed the specified tolerance,an additional two cores may be taken in the lot in question.The average of all core thickness measurements per day per lift will be used to determine daily compliance with thickness specifications. On that portion of any lift constructed to more than the maximum permissible thickness,the materials used in the excess mixture above that required to construct that portion of the lift to the Plan thickness plus 6 mm[1/4 inch]may be excluded from the pay quantities and at the discretion of the Engineer and at the Contractor's expense may be required to be removed and replaced. B Surface Requirements After compaction,the finished surface of each lift shall be reasonably free of segregated,open and torn sections,and shall be smooth and true to the grade and cross section shown on the Plans with the following tolerances: (1) Where a leveling lift is specified,it shall be constructed to within a tolerance of 15 mm[1/2 inch] of the elevations and grades established by the Engineer.This requirement shall also apply to the first lift placed other than leveling when automatic controls are used. (2) The surface of the final two lifts placed shall show no variation greater than 6 mm[1/4 inch] from the edge of a 3 m[10 foot] straightedge laid parallel to or at right angles to the centerline.Shoulder surfacing and surfacing on temporary connections and bypasses shall show no variations greater than 6 mm [1/4 inch] from the edge of a 3 m[10 foot] straightedge laid parallel to the centerline. (3) After final compaction,all final lift asphalt wearing surfaces adjacent to concrete pavements shall be slightly higher(but not to exceed 6 mm[1/4 inch]than the concrete surface. After final compaction,all asphalt surfaces adjacent to gutters,manholes,pavement headers,or other fixed structures shall be slightly higher(but not to exceed 6 mm [1/4 inch]than the surface of the structure. (4) Transverse joints(construction joints),at the beginning and end of a project,at paving exceptions,or caused by suspension of daily paving operations,shall show no variation greater than 6 mm [1/4 inch] from the edge of a 3 m [10 foot] straightedge centered longitudinally across the transverse joint.The Engineer may require correction by diamond grinding when material is placed outside the above-described limitations. (5) The transverse slope of the surface of each lift,exclusive of the shoulder wearing lift,shall not vary from the slope shown in the Plans by more than 0.4 percent. (6) The distance between the edge of each lift and the established centerline shall be no less than the Plan distance nor more than 75 mm[3 inches] greater than the Plan distance.In addition,the edge alignment of the wearing lift on tangent sections and on curve sections of 3 degrees or less shall not deviate from the established alignment by more than 25 mm [1 inch] in any 7.5 m[25 foot] section. (7) The finished surface of each lift shall be reasonably free of segregated and open and torn sections and deleterious materials. I Page 42 of 48 I 1 A 2360/2350 Combined Specification December 23,2008 I Any material placed outside the above described limitations shall be removed and replaced after being cut or sawed at no expense to the Department or with the approval of the Engineer,allowed to remain inplace at a reduced cost calculated at$12 per square meter[$10 per square yard].Any single occurrence of material outside the limitations described above shall be considered to have a minimum dimension of one square meter[one square Iyard]in any dimension. C Pavement Smoothness Specification-IRI(International Roughness Index) ICl General Pavement smoothness will be evaluated on the final mainline pavement surface using an Inertial I Profiler(IP)and the International Roughness Index(IRI).Unless otherwise authorized by the Engineer,all smoothness testing shall be performed in the presence of the Engineer.The Engineer and the Contractor shall mutually agree upon scheduling of smoothness testing so that testing can be observed.Any testing performed without the Engineer's I presence,unless otherwise authorized,may be ordered retested at the Contractor's expense.The following Table 2360.7-A(IRI)shows pavement surfaces that are excluded from smoothness testing but subject to 2360.7B surface requirements. I Table 2360.7—A(IRI) Testing Exclusions 1 7.62 m[25 foot]feet either side of obstructions such as manholes,water supply castings,etc.* Ramps,Loops,Climbing lanes Side Streets, Side Connections Turn Lanes, Storage Lanes,Crossovers,Bypass Lanes I Shoulders Intersections constructed under traffic—Begin and end the exclusion 30.5 mm [100 feet] from the intersection radius Sections less than 7.62 m [25 foot] in length IAcceleration,Deceleration Lanes Projects less than 300 m[1000 feet] in length Mainline paving where the normally posted regulatory speed is less than or equal to 70 km/hr[45 miles per hour] Begin the exclusion at the sign I Single lift overlays over concrete *Mainline shall be included in profiling if obstructions are located in auxiliary or parking lanes IC 1 A Smoothness Requirements Pavement smoothness requirements will be evaluated by the International Roughness Index(IRI) Equation A,Equation B,or Equation C.The pavement smoothness Equation will be identified in the Special I Provisions of the proposal.Location of bumps and/or dips and magnitude will be based on California Test Method 526. IC2 Measurement Smoothness will be measured with an IP,which produces both an IRI value and a profilogram (profile trace of the surface tested).The IP shall conform to the Class 1 requirements of ASTM E950-94 and must be I certified according to the most recent procedure on file in the Bituminous Office.For pavement evaluation,one pass will be made in the right wheel path of each traffic lane.The IP shall be run in the direction the traffic will be moving. Each lane will be tested and evaluated separately.The Engineer will determine the length in kilometers [miles] for each mainline traffic lane.The IP shall be operated at the optimum speed as defined by the manufacturer. I IPage 43 of 48 I 2360/2350 Combined Specification December 23,2008 C3 Smoothness testing The Contractor shall furnish a properly calibrated,documented,and MnDOT certified IP.The IP shall be equipped with automatic data reduction capabilities.Computer programs used to calculate the IRI statistic from a longitudinal roadway profile shall follow the procedure developed by the World Bank for a quarter-car simulation as described in NCHRP report 228. Mn/DOT certification documentation shall be provided to the Engineer on the first day the IP is used on the project.IP settings are on file in the Bituminous Office.The Contractor shall furnish a competent operator, trained in the operation of the IP and evaluation of both California Test Method 526 and the International Roughness Index. The Contractor shall remove all objects and foreign material on the pavement surface prior to surface evaluation by power brooming. The pavement surface will be divided into sections which represent continuous placement.A section will terminate 7.62 m [25 foot]before a bridge approach panel,bridge surface,manhole or similar interruption.In the final pavement evaluation,a day's work joint will be included in the trace with no special consideration.A section will be separated into segments of 0.1 km [0.1 mi].A segment will be in one traffic lane only. An IRI value shall be computed for each segment of 7.62 m[25 foot]or more.The IRI value will include the 7.62 m[25 foot] at the ends of the section only when the Contractor is responsible for the adjoining surface. End of run areas not included in the IRI value and any sections of pavement less than 7.62 m [25 foot]in length shall be checked longitudinally with a 3.028 m[10 ft] straight edge and the surface shall not deviate from a straight line by more than 6 mm in 3.028 m[1/4 inch in 10 ft].Transverse joints shall be evaluated by centering the straightedge longitudinally across the transverse joint. The Contractor shall submit the graphical trace,a summary of the bump(s)/dip(s)locations,the magnitude of the bump(s)/dip(s)and each segment IRI value on the same day as the profiling was conducted. The Contractor shall submit a final spreadsheet summary of the smoothness data to the Engineer within five calendar days after all mainline pavement placement.The summary shall be signed by the Contractor.The spreadsheet summary shall be in tabular form,with each 0.1 km[0.1 mile] segment occupying a row.Each row shall include the beginning and ending station for the segment,the length of the segment,the final IRI value for the segment;the IRI based incentive/disincentive in dollars for the segment,and the deductions for bump(s)/dip(s)in dollars for the segment.Each continuous run will occupy a separate table and each table will have a header that includes the following:the project number,the roadway number or designation,a lane designation,the mix type of the final lift,the PG binder of the final lift,the date of the final smoothness runs,and the beginning and ending station of the continuous run.The following information shall be included at the bottom of each summary: a subtotal for the IRI based incentive/disincentive,a subtotal for the bump deductions,and a total for incentive/disincentive for both IRI values and bumps. Software to summarize the data is available from the Mn/DOT Bituminous Office at www.mrr.dot.state.mn.us/pavement/bituminous/bituminous.asp. The Contractor will be responsible for all traffic control associated with the smoothlless testing and any corrective action(when applicable)that is required of the final pavement surface. C3A Retesting The Engineer may require any portion or the total project to be retested if the results are questioned. This includes both IRI values and bump/dip locations.The Engineer will decide whether Mn/DOT,an independent testing firm(ITF),or the Contractor will retest the roadway surface. I Page 44 of 48 I I I 2360/2350 Combined Specification December 23,2008 I If the retested IRI values differ by more than 10%from the original IRI values,the retested values will be used as the basis for acceptance and any incentive/disincentive payments.In addition,bump/dip locations as shown by the retest will replace the original results. I If the Engineer directs the Contractor or an independent testing firm to perform retesting and the original results are found to be accurate,the Department will pay the Contractor or the independent testing firm$62.14 per lane km[$100 per lane mile]that is retested,with a minimum charge of$500.00.The Contractor will be I responsible for any costs associated with retesting if the original values differ by more than 10%from the retested values. C4 IRI Values IThe IP shall be equipped with automatic data reduction capabilities for determining the IRI values. An IRI value shall be calculated for each segment of the final pavement surface. Segments greater than or equal to 7.62 m [25 feet] and less than 161 m [528 feet] shall be evaluated as a separate segment.The IRI values shall be determined by following NCHRP report 228.The IRI values shall be reported in units of m per km[inches per mile]. Both m per km and inches per mile shall be reported with two digits right of the decimal.Follow Mn/DOT rounding procedures per the Bituminous Manual Section 5-693.730. iC4a Bumps and Dips-IRI Equation A and IRI Equation B Bump/dip location will be determined in accordance with California Method 526.Bumps and dips I equal to or exceeding 10.2 mm in a 7.62 m[0.4 inch in a 25 ft] span shall be identified separately.When the profile trace shows a successive,uninterrupted bump,dip;or dip,bump combination(up to a maximum of 3 alternating trace deviations that relate to one bump or dip on the roadway),identify and evaluate these occurrences as one event. IThe Contractor shall correct,by diamond grinding,all areas represented by bumps or dips of 10.2 mm[0.4 inch] or more as measured by California Test Method 526.However,the Engineer may allow bumps or i dips of 10.2 mm to 15.2 mm[0.4 inches to 0.6 inches]in a 7.62 m[25 foot] span to be left uncorrected,and in such case,the contractor will be assessed a price deduct as specified in section C6("Payment")of this special provision. Corrected dips or bumps will be considered satisfactory when the profilogram shows the deviations Iare less than 10.2 mm in a 7.62 m[0.4 inch in a 25 foot]span. C4b Bumps and Dips-IRI Equation C III Bump/dip location will be determined in accordance with California Method 526.Bumps and dips equal to or exceeding 12.7 mm in a 7.62 m[0.5 inch in a 25 ft] span shall be identified separately.When the profile trace shows a successive,uninterrupted bump,dip;or dip,bump combination(up to a maximum of 3 alternating trace Ideviations that relate to one bump or dip on the roadway),identify and evaluate these occurrences as one event. The Contractor shall correct,by diamond grinding,all areas represented by bumps or dips of 12.7 mm [0.5 inch]or more as measured by California Test Method 526.However,the Engineer may allow bumps or I dips of 12.7 mm to 17.8 mm[0.5 inches to 0.7 inches] in a 7.62 m [25 foot] span to be left uncorrected,and in such case,the contractor will be assessed a price deduct as specified in section C6("Payment")of this special provision. I Corrected dips or bumps will be considered satisfactory when the profilogram shows the deviations are less than 12.7 mm in a 7.62 m [0.5 inch in a 25 foot]span. I I Page 45 of 48 HI I 2360/2350 Combined Specification December 23,2008 C5 Surface Correction Unless otherwise approved by the Engineer,corrective work shall be by diamond grinding.Other methods may include;overlaying the area,or replacing the area by milling and inlaying.The Engineer shall approve of the Contractor's method of correcting segment(s)prior to the Contractor starting corrective work.Any corrective actions by milling and inlay or overlay shall meet the specifications for ride quality over the entire length of the correction,including the first and last 7.62 m[25 foot].Bumps or dips in excess of 10.2 mm [0.4 inches]where evaluation is by Equation A or B or bumps or dips in excess of 12.7 mm[0.5 inch]where evaluation is by Equation C that are located at transverse joints at areas of corrective actions utilizing overlay or milling and inlay,shall be removed by diamond grinding.The Contractor shall notify the Engineer prior to commencement of the corrective action.If the surface is corrected by overlay,inlay or replacement,the surface correction shall begin and end with a transverse saw cut. Surface corrections shall be made prior to placing permanent pavement markings.In the event that permanent pavement marking are damaged or destroyed during surface correction activities,they will be replaced at no cost to the Agency. When pavement smoothness evaluation by Equation A is specified the Engineer may require that the Contractor,at no expense to the Department,correct segments with an IRI greater than 1.03 m per km [65 inches/mile] or the Engineer may assess a$560 per 0.1 km[$900 per 0.1 mile]penalty in lieu of requiring corrective work. When pavement smoothness evaluation by Equation B is specified the Engineer may require that the Contractor,at no expense to the Department,correct segments with an IRI greater than 1.18 m per km [75 inches/mile]or the Engineer may assess a$420 per 0.1 km[$675 per 0.1 mile]penalty in lieu of requiring corrective work. When pavement smoothness evaluation by Equation C is specified the Engineer may require that the Contractor,at no expense to the Department,correct segments with an IRI greater than 1.34 m per km [85 inches/mile]or the Engineer may assess a$280 per 0.1 km [$450 per 0.1 mile]penalty in lieu of requiring corrective work. Bump,dip,and smoothness correction work shall be for the entire traffic lane width.Pavement cross slope shall be maintained through corrective areas. All corrective work shall be subject to the approval of the Engineer.After all required corrective work is completed a final segment(s)IRI value and bump/dip tabulation shall be determined and submitted to the Engineer.Corrective work and re-evaluation shall be at the Contractor's expense. Segments requiring grinding will be re-profiled within two working days of completion of grinding. Individual bumps/dips and segments requiring grinding shall be completed with 15 working days of notification. C6 Payment I The cost of traffic control for certified smoothness testing and/or any corrective work is incidental to the cost of the Wear course mixture. I The Contractor may receive an incentive payment or be assessed a penalty based on the number of segments and the IRI value.The total ride incentive shall not exceed 10%of the total mix price for pavement smoothness evaluated under IRI Equation A,5%of the total mix price for pavement smoothness evaluated under Equation B,or 5%of the total mix price for pavement smoothness evaluated under Equation C.Total mix shall be defined as all mixture placed on the project.Only those segments which have had no corrective work or work to improve the ride are eligible for IRI incentive payment.Incentive payment for IRI will be based on the roadway segment before corrective work is performed.Grinding of the segment into incentive payment or grinding of the segment in order to obtain a higher incentive payment is not allowed.IRI incentive payment is independent of pay adjustment for bumps and dips. Page 46 of 48 I I I 2360/2350 Combined Specification December 23,2008 I The Contractor will not receive a net incentive payment for ride if more than 25%of all density lots (excluding longitudinal joint density)for the project fail to meet minimum density requirements. For pavement smoothness evaluated under Equation A uncorrected bumps or dips greater than or Iequal to 10.2 mm [0.4 inches]in a 7.62 m[25 foot] span will be assessed a price deduction of$900 per event. For pavement smoothness evaluated under Equation B uncorrected bumps or dips greater than or 1 equal to 10.2 mm [0.4 inches]in a 7.62 m[25 foot] span will be assessed a price deduction of$675 per event. For pavement smoothness evaluated under Equation C uncorrected deviations(bumps or dips) greater than or equal to 12.7 mm [0.5 inches]in a 7.62 m[25 foot] span will be assessed a price deduction of$450 per Ievent. Combinations of bumps and dips which arise from the same single bump or dip are considered to be I one event,and shall be counted only once for the purposes of calculating price deductions.Typically,bump-dip-bump combinations,or dip-bump-dip combinations,that are confined to a 30 feet longitudinal segment are considered to be one event. I Bumps or dips resulting from a construction joint will be assessed a$900 penalty,regardless of the IRI Equation used for evaluation or pavement smoothness. I Incentive/disincentive payments will be based on the IRI determined for each segment and will be based on the following equations and criteria. C6a IRI Equation A* I IRI m/km [inches/mile] <0.47 m/km[<30 inches/mile] Incentive/Disincentive$/0.1 km f$/0.1 milel $249 [$400] 0.47 m/km to 1.03 m/km [30 inches/mile to 65 inches/mile] $523 -(IRI x 584)[$850-(IRI x 15)] 1.03 m/km[>65 inches/mile] -$560 [-$900] * Typically,3-lift minimum construction C6b IRI Equation B* I IRI m/km finches/mile] <0.52 m/km [<33 inches/mile] Incentive/Disincentive$/0.1 km [$/0.1 mile] $168 [$270] 0.52 m/km to 1.18 m/km[33 inches/mile to 75 inches/mile] $373-(IRI x 395) [$600-(IRI x 10)] I 1.18 m/km [>75 inches/mile] -$420[-$675] * Typically,2-lift construction C6c IRI Equation C* I IRI m/km [inches/mile] <0.57 m/km[<36 inches/mile] Incentive/Disincentive$/0.1 km f$/0.1 mile] $112 [$180] 0.57 m/km to 1.34 m/km [36 inches/mile to 85 inches/mile] $258-(IRI x 257)[$414-(IRI x 6.5)] 1.34 m/km[>85 inches/mile] -$280 [-$450] I * Typically,single lift construction 2360.8 METHOD OF MEASUREMENT iA Asphalt Mixture I Asphalt mixture of each type will be measured separately by mass,based on the total quantity of material hauled from the mixing plant,with no deductions being made for the asphalt materials. B Blank I Page 47 of 48 I 2360/2350 Combined Specification December 23,2008 C Asphalt Mixtures Measured by the Square Meter[Square Yard]per Specified(mm [inch]) and for Mixtures Measured by the [Square Yard inch] Asphalt mixture of each type and for each specific lift will be measured separately by area and by thickness on the basis of actual final dimensions placed.The constructed thickness shall meet tolerances set forth in Sections 2360.7A. I I II I I I I I I I I I I Page 48 of 48 I I SECTION 02760 BITUMINOUS JOINT CONSTRUCTION PART 1 GENERAL 1.01 SECTION INCLUDES A. Joint construction for bituminous pavements by a method of route and seal, or saw and seal. 1.02 RELATED SECTIONS 1 A. Section 02740-Plant Mixed Asphalt Pavement. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 3723 - Joint and Crack Sealer(Hot-Poured Elastic Type). 1 2. 3725 - Joint and Crack Sealer (Hot-Poured, Extra Low Modulus, Elastic Type). 1.04 SUBMITTALS A. Submit the following items: 1. Product and data sheet for joint sealant material. 2. Manufacturer's recommendations pertaining to heating and application of joint sealant. 1 1.05 DEFINITIONS A. Saw and Seal: Saw cutting and sealing transverse joints in new bituminous pavements. 1.06 SEQUENCING AND SCHEDULING A. Saw and seal of joints shall be completed no sooner than 48 hours following the jwear course placement. I 000055-09157-0 ©2009 Bonestroo 02760-1 BITUMINOUS JOINT CONSTRUCTION I PART 2 PRODUCTS 2.01 JOINT SEALANT MATERIALS I A. Conform to MnDOT Spec., except as modified herein: 1. Saw and Seal: a. Conform to MnDOT Spec. 3725 with the following modifications: I 1) Flexible at —30 degrees F (capable of being bent over without cracking). 2) Proven successful in the field in Minnesota during the last 2 years. b. Packaged In Sealed Containers Marked With: Name of manufacturer, trade name of sealant, manufacturer's batch and lot number, pouring temperature, and safe heating temperature. 2. Bond Breaker Tape for Saw and Seal: I a. Regular masking tape or a suitable bond breaker tape designed for use with hot pour sealants. b. Width: Equal to but not more than 1/8 inch narrower than the width of the saw cut. 3. Protective paper covering for route and seal. I PART 3 EXECUTION I 3.01 GENERAL A. Perform bituminous P joint construction operations during daylight hours. J B. Establish traffic control which is compatible to the operations being performed. I 3.02 PREPARATION A. Weather Limitations: 1. The existing bituminous surface must be dry prior to performing the joint I construction work. 2. Air temperature in the shade and away from artificial heat sources is at least 40 degrees F. 000055-09157-0 ©2009 Bonestroo 0270_2 BITUMINOUS JOINT CONSTRUCTION I I 3.03 SAWCUTTING OF JOINTS IA. Saw and seal joints is shall be cut using blades of such size and configuration such Ithat the resulting joint reservoir shape conforms to details on the Drawings: 1. A single saw cut shall be made if the configuration consists of multiple reservoir shape. 2. Extend the full width of the pavement. 1 3. Dry or wet cutting is allowed. IB. Joint Reservoir Size: 1. Saw and Seal: 1/2 inch wide, 5/8 inch depth. iC. Saw and seal joints shall have a longitudinal spacing of 50 feet or as directed by Engineer: 1 1. Joints shall intersect all manhole structures castings. I 2. Pavements with concrete curb, the joint shall begin at an contraction joint at the curb line and extend to an contraction joint on the opposite curb line as perpendicular as possible. 1 3.04 CLEANING JOINTS IA. Dry Sawed Joints: 1. Clean thoroughly with a 100-psi air blast to remove any dust, dirt, or Ideleterious matter adhering to the joint walls or in the joint cavity. 2. Blow or brush the dry dust and material off the pavement surface. IB. Wet Sawed Joints: I1. Clean thoroughly with a 50-psi water blast immediately after sawing to remove any slurry dirt or deleterious matter adhering to the joint walls or in the joint cavity. I2. Dry with a 100-psi air blast. I3. Re-clean joint with a water blast if the air blast produces dirt or other residue from the joint cavity. 1 4. Immediately flush all sawing slurry from the pavement surface. 000055-09157-0 ©2009 Bonestroo 0270_3 BITUMINOUS JOINT CONSTRUCTION I 3.05 HEATING JOINTS A. Dry and warm joints with a hot compressed air heat lance immediately prior to placing the sealant: 1. Temperature of Air at Exiting Orifice: At least 2,800 degrees F. 2. Velocity of Exiting Heated Air: At least 2,800 fps. 3.06 SEALING A. Heat sealant material in a kettle or melter constructed as a double boiler with the space between the inner and outer shells filled with oil or other heat transfer medium. I B. Heat or insulate applicator wand to maintain the pouring temperature of the sealant during the placement operations. C. Do not use pour pots or similar devices to fill sawed joints. D. Adhere to Manufacturer's Recommendations: 1. Do not let field application equipment exceed the safe heating temperature recommended by manufacturer. E. Do not heat sealant material at pouring temperature for more than 6 hours. 1 F. Do not re-heat sealant material. G. Saw and Seal: 1. Place bond breaker tape in the bottom of the saw cut joint after cleaning and just prior to sealing. 2. After cooling, the level of the sealer will not be greater than 1/8 inch below the pavement or shoulder surface. 3. Do not over fill joints. I 4. Do not spread sand on sealed joints to allow for opening to traffic. 5. Sealant must be tack free prior to opening to traffic. 3.07 FIELD QUALITY CONTROL 1 A. Final results of cleaning joint subject to Engineer's approval. B. Application time of sealing is subject to Engineer's approval. 000055-09157-0 ©2009 Bonestroo 02760-4 BITUMINOUS JOINT CONSTRUCTION I I C. Do not place sealant if Engineer determines the weather and roadbed conditions to be unfavorable. D. Final appearance of sealed joint will present a neat, fine line. 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Saw and Seal. Measurement shall be based on a lineal foot of joint constructed. Payment shall include equipment and labor, saw 1 cutting, joint preparation, backer tape and placement, sealant material, and application. ' B. Quantities may be increased or decreased at the time of operations; however, no adjustment in the Bid Unit Price will be allowed. C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION I I I I I I I I 000055-09157-0 C 2009 Bonestroo 027(_5 BITUMINOUS JOINT CONSTRUCTION 1 SECTION 02766 PAVEMENT MARKINGS PART 1 GENERAL 1.01 SECTION INCLUDES A. Pavement markings for control and gu idanc e o f traffic. 1.02 RELATED SECTIONS ' A. Section 02740 -Plant Mixed Asphalt Pavement. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition(MnDOT Spec.): 1. 2582 -Permanent Pavement Markings. 2. 3354 - Preformed Plastic Markings for Permanent Traffic Lane Delineation and Legends. 3. 3590 - Epoxy Resin Pavement Markings. 4. 3591 - High Solids Water Based Traffic Paint. 1 5. 3592 - Drop-On Glass Beads. 6. Improved Patterned Polymer Pavement Marking Tape for Lines and Selected Symbols and Legends. 1 7. High Durability Preformed Pavement Markings. 8. The Application Specification for Conventional Pavement Marking Materials. 9. 3-Minute Dry Alkyd and High Solids Latex. 1 1.04 SUBMITTALS A. 1 copy of the chosen paint/epoxy lot or batch formulation. B. Pavement Marking Contractor Qualifications/Certifications. C. MnDOT Certification approvals. 000055-09157-0 ©2009 Bonestroo 02766-1 PAVEMENT MARKINGS I I 1.05 SEQUENCING AND SCHEDULING A. Conform to the requirements of MnDOT Specifications. q p PART 2 PRODUCTS 2.01 MATERIALS , A. Paint: 1. High Solids Water Based: a. Free of toxic heavy metals, including lead,mercury, and cadmium. 1 b. Track Free Time - 3 minutes or less. c. White Color- Flat white. B. Epoxy Resin: R 1. Type II, slow cure material. 2. Solvent free. 2. Free of toxic heavy metals. 1 3. Colors: a. Yellow Prime Pigment - Color Index Pigment Yellow No. 65 or No. 75. 1 b. White Color-Flat white. c. Yellow Color- Color No. 33538 of Federal Standard 595. C. Glass Beads: 1. Conform to MnDOT Spec. 3592 for"Drop-On Glass Beads." 2.02 EQUIPMENT I A. General: I 1. Vehicles used shall be deployed and equipped with traffic control devices set forth in the "Minnesota Manual on Uniform Traffic Control Devices, Field Manual." 000055-09157-0 ©2009 Bonestroo 02766-2 PAVEMENT MARKINGS I I 2. Shadow vehicle with truck-mounted attenuator shall be used on streets Iwith posted speed equal to or greater than 40 m.p.h. or ADT greater than 1,500 vehicles per day. 1 3. Equipment used for spray applications shall be capable of applying glass beads by a pressurized system at a rate of at least 25 lbs/gal. 1 4. Capable of accumulating footage applied per gun. 5. Stainless steel components in the delivery system required for water-based materials. IPART 3 EXECUTION I3.01 GENERAL A. The pavement marking crew shall include at least 1 technical expert Iknowledgeable in each of the following areas: 1. Equipment operation. 1 2. Application techniques. I3. Traffic control. 4. Safety regulations. iB. The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected pavement surfaces, unless adequate provisions are Imade to prevent spillage of material. 3.02 SCHEDULE IA. Paint/Epoxy Pavement Markings: 1 1. Place following completion of bituminous wear course: a. No sooner than 24 hours after placement of bituminous. Ib. Within 5 working days of completion of bituminous placement. I I 000055-09157-0 ©2009 Bonestroo 02766 3 PAVEMENT MARKINGS I 3.03 PREPARATION I A. Locations: 1. In general accordance with the Drawings: a. Location of markin g designating no passing zones to be i coordinated with corresponding traffic signs. 2. The Engineer will place necessar "Spotting" at appropriate points: I a. Horizontal control I b. Starting and stopping points. III c. Broken line intervals will not be marked. d. Longitudinal joints, pavement edges, and existing markings shall I serve as horizontal control when so directed. e. Contractor shall notify Engineer at least 48 hours in advance when I requesting spotting locations. 3. Edge lines and lane lines are to be broken only at intersections with public I roads and at private entrances if they are controlled by a yield sign, stop sign, or traffic signal. 4. The break point is to be at the start of the radius for the intersection or at marked stop lines or crosswalks. B. Street Surface: 1. Engineer may direct cleaning of surface as necessary immediately prior to I marking application: a. Brushing with non-metallic rotary broom. I b. Other cleaning method approved by Engineer. I c. Air blast following cleaning. 2. Surface must be dry. I 3. Minimum surface temperature is 50 degrees F. I I 000055-09157-0 ©2009 Bonestroo 02766-4 PAVEMENT MARKINGS I II3.04 APPLICATION IA. General: 1. Tolerance: Ia. Width: A tolerance of 1/4 inch under or 1/4 inch ch over the specified I width will be allowed for striping provided the variation is gradual and does not detract from the general appearance. I b. Length: Broken line segments may vary up to 2-3/4 inches from the specified lengths provided the over and under variations are reasonably compensatory. Ic. Alignment: Deviations from the control guide shall not exceed 2 inches. Id. Establishment of application tolerances shall not relieve the Contractor of his responsibility to comply as closely as practicable Iwith the planned dimensions. 2. Material shall not be applied over longitudinal joints. 1 3. 4 inch broken line consists of 10 feet of paint and 40 feet space (1 cycle). I 4. If same equipment used for different color material with change in color, an amount of material equal to fifteen 10 foot long stripes shall be wasted prior to beginning application with the new color. 1 5. Conditions: I a. Markings shall not be applied when wind or other conditions cause a film of dust to be deposited on the pavement surface after cleaning and before the marking material can be applied. Ib. Except when used as a temporary marking, pavement markings shall only be applied in seasonable weather when air temperature is 1 50 degrees F or higher. B. Paint: I1. Minimum thickness 15 mil. 1 2. In accordance with the appropriate MnDOT Spec. 3. Painted lines on the bituminous wearing course shall be applied twice. 1 000055-09157-0 ©2009 Bonestroo 02766-5 PAVEMENT MARKINGS I C. Glass Beads: 1. Shall be applied immediately after application of paint or epoxy markings. 2. Rate of application shall be 8 lbs. per gallon. 3.05 . CORRECTION OF DEFECTS A. All pavement markings not conforming to the requirements of the Specifications I shall be removed and replaced, or otherwise repaired to the satisfaction of the Engineer. B. Where yield computations show a deficiency in material usage of not more than 20 percent, Owner may require satisfactory repair or may accept the Work at a reduced Bid Unit Price that is in direct proportion to the percent of the deficiency. C. Where yield computations show a deficiency in material usage in excess of 20 percent, Owner will require removal and replacement to the satisfaction of the Engineer,unless other means are approved by the Engineer. D. If removal and replacement is required, at least 90 percent of the deficient line shall be removed. E. Width of removal shall be 1 inch wider on all sides than the nominal width of the marking to be removed. F. Removal of unacceptable Work shall be accomplished with suitable blasting or grinding equipment, unless other means are authorized by the Engineer. Bituminous street surfacing shall not be damaged by the removal operation. I 3.06 MEASUREMENT AND PAYMENT A. Lines: I 1. Lines shall be measured by the lineal foot on the basis of length actually applied: a. Separate measurement made on the basis of color and nominal width. b. Separate measurement will be made for paint markings and epoxy markings. 2. The second application shall be considered incidental. I I 000055-09157-0 ©2009 Bonestroo 02766-6 PAVEMENT MARKINGS I B. Messages: 1. Messages shall be measured on the basis of each applied: a. Separate measurement will be made for each type of message. b. Separate measurement will be made for paint messages and epoxy messages. C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION I I I I I I I I I 000055-09157-0 ©2009 Bonestroo 02766-7 PAVEMENT MARKINGS I SECTION 02770 CONCRETE CURB AND GUTTER PART 1 GENERAL 1.01 SECTION INCLUDES A. Cast-in-place concrete curbs, and concrete curb and gutter. 1.02 RELATED SECTIONS A. Section 02740- Plant Mixed Asphalt Pavement. B. Section 02775 - Concrete Walks, Medians, and Driveways. 111 1.03 REFERENCES 1 A. American Society of Testing Materials (ASTM): 1. C260- Air-Entraining Admixtures for Concrete. tB. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 - Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3702 -Preformed Joint Fillers. 1 6. 3754 -Membrane Curing Compound. 1.04 SUBMITTALS A. Submit design mix for each concrete mix designation used. 1.05 SEQUENCING AND SCHEDULING A. Install concrete curb and gutter within 1 week after aggregate base has been completed and approved. B. Concrete curb and gutter construction precedes installation of pavement. 000055-09157-0 ©2009 Bonestroo 02770-1 CONCRETE CURB AND GUTTER PART 2 PRODUCTS 2.01 MATERIALS: I A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein: 1. Portland Cement: Conform to MnDOT Spec. 3101: a. Type 3 air-entraining concrete produced by using Type IA I Air-Entraining Portland Cement. 2. Air-Entraining Admixtures: a. Conforming to ASTM C260. I b. Not to be added to the concrete mixtures in the field without approval from Engineer. I 3. Mix Designation and Classification for Concrete Curb and Gutter: a. Manual Placement Mix No. 3A32C. b. Slip Form Placement Mix No. 3A22C. I B. Pre-Formed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754: 1. Curing compound shall contain a fugitive dye. I PART 3 EXECUTION I 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to P Y Site. B. Construct concrete curb and g utter at the locations and elevations indicated on the Drawings. C. Construct the style or type of curb and gutter as shown on the Drawings. D. Construct intersection curb radii and transitions sections to conform to the detail i on the Drawings. E. Construct transition sections at inlet structures to conform to the detail on the Drawings. 000055-09157-0 ©2009 Bonestroo 02770-2 CONCRETE CURB AND GUTTER 1 I F. Construct concrete curb ramp depressions to conform to the detail on the Drawings. G. Construct curb transitions for driveways to conform to the detail on the Drawings. Locations to be verified by Engineer at the time of construction. H. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. I. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base: 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 02720. ' 3.03 FORMS A. Conform to MnDOT Spec. 2531.3B. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3C, except as modified herein: 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3D,except as modified herein: 1. Where required, install two No. 4 steel reinforcing rods in lower portion of the curb section with a minimum of 2-inches coverage on all sides: a. Placement at catch basins conforms to the details on the Drawings. b. Placement at service line trenches conform to the detail on the Drawings. I I 000055-09157-0 O 2009 Bonestroo 02770-3 CONCRETE CURB AND GUTTER 1 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2531.3E and 2531.3F, except as modified herein: I 1. The top surface of the curb and gutter shall have a brush finish at right angles to the curb line. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G2 (Membrane Curing Method), except as modified herein: i 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. I 2. The membrane-curing compound must be applied in 2 different directions perpendicular to each other. I 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. , 4. Cold weather curing when temperatures fall below 40 degrees during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3G1 blanket curing method or method approved by the Engineer. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any curb section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. I 3.08 BACKFILLING A. Conform to MnDOT Spec. 2531.3J, except as modified herein: 1. Initial Backfilling: I a. Follow the 72-hour curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Final Grading: a. Following completion of private utility work by others. I 000055-09157-0 ©2009 Bonestroo 02770-4 CONCRETE CURB AND GUTTER I 3. Curb damaged during backfilling is the responsibility of the Contractor. 1 3.09 WORKMANSHIP AND FINISH ' A. Conform to MnDOT Spec. 2531.3K, except as modified herein: 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10-foot straight edge, will be considered unacceptable. 2. Acceptance of Work by price reduction will not be allowed. 3.10 MEASUREMENT AND PAYMENT A. Bid Item has been provided for B618 Concrete Curb and Gutter. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line for each type. Payment shall include materials, preparation, placement, finishing, curing, protection,reinforcement, and backfilling. 1 B. No separate measurement or payment for modifications at curb ramps, transition sections,or B618 curb installed at catch basins and radii. C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION I I I I 1 I 000055-09157-0 0 2009 Bonestroo 02770-5 CONCRETE CURB AND GUTTER I SECTION 02775 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART 1 GENERAL 1.01 SECTION INCLUDES A. Cast-in-place concrete walkways, flumes, and valley gutters. 1.02 RELATED SECTIONS ' A. Section 02315 - Excavation and Fill. B. Section 02770 - Concrete Curb and Gutter. ' C. Section 02740 - Plant Mixed Asphalt Pavement. 1 1.03 REFERENCES A. American Society of Testing Materials (ASTM): 1. C260 -Air-Entraining Admixtures for Concrete. ' B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition(MnDOT Spec.): 1. 2211 - Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 - Walks. 4. 2531 - Concrete Curbing. 5. 3702 - Preformed Joint Filers. 1 6. 3754 - Membrane Curing Compound. 1.04 SUBMITTALS A. Submit design mix for each concrete mix used. 1.05 SEQUENCING AND SCHEDULING • A. Replacement of the existing sidewalk shall be completed following the installation of curb. 000055-09157-0 CONCRETE WALKS, ©2009 Bonestroo 02775-1 MEDIANS,AND DRIVEWAYS I I B. Construct concrete valley gutter prior to the placement of the bituminous base. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein: I 1. Portland Cement: Conform to MnDOT Spec. 3101: a. Type 3 air-entraining concrete p r odu ced by using T yp e IA Air-Entraining Portland Cement. 2. Air-Entraining Admixtures: conform to MnDOT Spec. 3113: a. Conforming to ASTM C260. i b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification: a. Manual Placement Mix No. 3Y32C. b. Slip Form Placement Mix No. 3Y22C. 1 B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754: 1. Curing compound shall contain a fugitive dye. I D. Sub-Grade Base Material: 1. Aggregated Base: Conforming to MnDOT Spec. 3138, Class 5 aggregate. r PART 3 EXECUTION 3.01 GENERAL I A. Construct concrete walkway and valley gutters at the locations and elevations indicated on the Drawings. B. Construct walkways to conform to the typical section shown on the Drawings. I 000055-09157-0 CONCRETE WALKS, ©2009 Bonestroo 02775-2 MEDIANS,AND DRIVEWAYS I IC. Construct concrete valley gutters to conform to the Drawings. ID. Verify locations with Engineer in the field prior to construction. E. The completed concrete work shall give the appearance of uniformity in surface Icontour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. IF. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. I3.02 FOUNDATION PREPARATIONS IA. Placement of the aggregate base to support the concrete work shall conform to Section 02318. Compaction of subgrade base shall conform to MnDOT Spec. 2211.3C1. IB. The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORMS 1 A. Conform to MnDOT Spec. 2521.3B. 3.04 JOINT CONSTRUCTION IA. Conform to MnDOT Spec. 2521.3C2, except as modified herein: 1 1. Maximum spacing of expansion joints for walkways shall be 60 feet. 2. Match joints of adjacent concrete work. 1 3.05 METAL REINFORCEMENT IA. Conform to MnDOT Spec. 2531.3D, except as modified herein: 1. Install three No. 4 steel reinforcing rods in lower portion of the valley Igutter section with minimum 2-inch coverage on all sides. 3.06 PLACING AND FINISHING IA. Conform to MnDOT Spec. 2521.3C1 and 2531.3F for slip form or 2531.3K for manual placement, except as modified herein: I1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10-foot straight edge, will be considered Iunacceptable. 000055-09157-0 CONCRETE WALKS, I ©2009 Bonestroo 02775-3 MEDIANS,AND DRIVEWAYS f 1 2. Any surface area allowing the entrapment of water at a depth 1/8 inch or greater will be considered unacceptable. 3. Unacceptable Work shall be removed and replaced with acceptable Work p p as directed by the Engineer. Acceptance of Work by price reduction will not be allowed. 1 3.07 CONCRETE CURING AND PROTECTION 1 3b A. Conform to MnDOT Spec. 2521.3C3 and 252 .3C (Membrane Curing Method), except as modified herein: 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane-curing compound must contain a fugitive dye and be applied at 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing, when temperatures fall below 40 degrees F during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.3C3a blanket curing method, or method approved by the Engineer. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any concrete section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. I 3.08 BACKFILLING A. Conform to MnDOT Spec.2521.3E, except as modified herein: 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. 3.09 MEASUREMENT AND PAYMENT I A Bid Item for 4 Inch Thick Concrete Sidewalk has been included in the Bid Form. Measurement shall be on the basis of in-place square foot: I 1. Payment of the Bid Item shall include the following: a. Concrete materials. 000055-09157-0 CONCRETE WALKS, ©2009 Bonestroo 02775-4 MEDIANS,AND DRIVEWAYS 1 I b. Subgrade and base preparation. Ic. Placement of materials. Id. Finishing. e. Curing and protection. I f. Reinforcement. Ig. Backfilling. I 2. Removal of existing concrete sidewalk shall be measured and compensated per Section 02225. I3. Aggregate base beneath concrete sidewalk shall be considered incidental. B. A Bid Item for Concrete Flume has been included in the Bid Form. Measurement Ishall be on the basis of in-place square foot: 1. Payment of the Bid Item shall include the following: Ia. Concrete materials. Ib. Sub grade and base preparation. c. Placement of materials. Id. Finishing. Ie. Curing and protection. Backfilling. If. 2. Excavation for the concrete flume shall be considered incidental. I3. Aggregate base beneath the concrete flume shall be considered incidental. C. A Bid Item for 36 Inch Concrete Valley Gutter has been included in the Bid IForm. Measurement shall be on the basis of lineal foot: 1. Payment of the Bid Item shall include the following: Ia. Concrete materials. Ib. Subgrade and base preparation. 000055-09157-0 CONCRETE WALKS, I ©2009 Bonestroo 02775-5 MEDIANS,AND DRIVEWAYS 1 c. Placement of materials. d. Reinforcement. , e. Finishing. f. Curin g and protection. g. Backfilling. 1 2. Excavation for the concrete valley gutter shall be considered incidental. 3. Aggregate base beneath the concrete valley gutter shall be considered incidental. D. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 1 1 1 1 I I I 000055-09157-0 CONCRETE WALKS, ©2009 Bonestroo 02775-6 MEDIANS,AND DRIVEWAYS I ISECTION 02920 ILAWNS AND GRASSES IPART 1 GENERAL I1.01 SECTION INCLUDES A. Restoration of construction area by installation of topsoil, seed, sod, soil Iamendments, mulch, and erosion control. 1.02 RELATED SECTIONS IIIA. Section 01570 - Temporary Erosion and Sediment Control. IB. Section 02315 - Excavation and Fill. 1.03 REFERENCES I A. Minnesota Department of P Transportation"Standard Specifications for Construction," I2005 Edition(MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2003 (MnDOT Seeding IManual). 1.04 SUBMITTALS IA. Provide the following submittals consistent with Section 01330. IB. Provide source and invoice for seed to be used for this Project. C. Producer's certificate of compliance—Written documentation verifying compliance I of mixture of seed furnished. Include percentage of various seed species, year of production, germination rate, seed bag tags, and weed seed content. Submit to the Engineer at least 5 days prior to delivery. I1.05 PLANT ESTABLISHMENT PERIOD IA. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer Iperforms a final inspection: 1. The establishment period for seeded areas is 1 year. I 000055-09157-0 I ©2009 Bonestroo 02920-1 LAWNS AND GRASSES I 1.06 FIELD Q UALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. I PART 2 PRODUCTS 2.01 TOPSOIL: Topsoil Borrow conforming to MnDOT Spec. 3877.2A. , 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and ' conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP). 2.03 SEED: Conform to MnDOT Spec. 3876. 1 A. Lawns: MnDOT Mixture 270. 2.04 MULCH: Conform to Section 01570. 2.05 HYDRAULIC SOIL STABILIZER(HYDROMULCH): Conform to Section 01570. ' PART 3 EXECUTION 1 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. , C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. ' D. Delivery: 1. Notify the Engineer of the delivery schedule in advance so the plant material I fY g rY p may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. f 000055-09157-0 ©2009 Bonestroo 02920-2 LAWNS AND GRASSES I I 2. Deliver fertilizer and lime to the Site in the original, unopened containers Ibearing the manufacturer's guaranteed chemical analysis,name,trade name or trademark,and in conformance to state and federal law.In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the Iabove information shall accompany each delivery. I3. During Delivery: Protect seed from contamination. E. Storage: I1. Keep seed, lime, and fertilizer in dry storage away from contaminants. I3.02 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.3B. IC. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C: 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.). I2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.03 SOWING SEED IA. Seeding Preparation and Application: Conform to MnDOT Spec 2575.3 for the mixes specified. 3.04 MULCH: Conform to Section 01570. I3.05 HYDRAULIC SOIL STABILIZER(HYDROMULCH) A. Conform to Section 01570. 3.06 MAINTENANCE I A. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. IB. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual— Maintenance Requirements for year 1. 000055-09157-0 ©2009 Bonestroo 02920-3 LAWNS AND GRASSES r 3.07 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer,provided Work offered for inspection is complete,including maintenance for the portion in question. B. At the conclusion of the establishment period(s),a final inspection of lantin g(s)will be made to determine the conditions of areas specified for landscaping. C. When inspected landscape work does not comply with requirements,replace rejected Work and continue specified maintenance until re-inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least one species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. 3.08 MEASUREMENT AND PAYMENT I A. A Bid Item has been provided for Seeding, Mix 270. Measurement will be based upon units of square yards for each seed mix installed in place as specified,including topsoil and preparation, preparation of seedbed, fertilizer, seed, and all correlated activity. I B. A Bid Item has been provided for Hydromulch. Measurement will be based upon units of square yards for each seed mix installed in place as specified, including ' topsoil and preparation, preparation of seedbed, fertilizer, seed, and all correlated activity. C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 1 i I 1 000055-09157-0 ©2009 Bonestroo 02920-4 LAWNS AND GRASSES I ISECTION 02965 IFULL DEPTH RECLAMATION 1 PART 1 GENERAL 1.01 SECTION INCLUDES IA. Reclamation of the existing bituminous surfacing and a portion of the existing Ibase material. 1.02 RELATED SECTIONS IA. Section 02315 - Excavation and Fill. IB. Section 02318 - Subgrade Preparation. IPART 2 PRODUCTS 2.01 MATERIALS INot Used. _ IPART 3 EXECUTION I3.01 GENERAL A. Create an aggregate base course composed of the existing bituminous pavement Iand a portion of the existing subgrade material. B. Reclaim existing bituminous surfacing and existing aggregate base for a total Ithickness of at least 8 inches on the included streets: 1. Resultant Reclaimed Material: 1-1/2 inch maximum size. 2. The resulting reclaimed material could contain diesel range organics (DRO) which must be disposed of in accordance with MPCA Irequirements. C. Level off and compact the reclaimed material with a rubber tired roller Iimmediately following the reclamation process. I 000055-09157-0 ©2009 Bonestroo 02965-1 FULL DEPTH RECLAMATION 1 3.02 PREPARATION A. The Contractor is to provide a 48-hours notice prior to beginning the reclamation process. 3.03 EQUIPMENT , A. Contractor to notify the Engineer of the equipment to be used at the preconstruction conference: ' 1. Equipment to be hydrostatically driven. 2. Computerized operation controls. 3. Capable of cutting up to a 12 inch depth in 1 pass. , 3.04 THICKNESS REQUIREMENTS A. Typical Reclaimed Section: 1. Rotating cutter drum to operate parallel to the existing road surface, ' providing a uniform 8-inch section across the entire roadway. 2. The reclaimed depth is anticipated to be 8 inches; however, if variations ' occur, the depth may be up to 10 inches. 3.05 GRADING AND SPREADING ' A. The reclaimed material shall be spread and compacted to grade as directed by the Engineer. Prepare reclaimed material in accordance with Section 02318. B. Excess material on Osman Avenue North shall be hauled off Site in accordance with Section 02315. C. Excess material at Brekke Park Parking Lot shall be graded and spread to form a crown in the center of the parking lot,with drainage being from east to west. D. The Contractor shall not pulverize any more pavement than that which can be spread, shaped, and compacted by the end of the work day. 3.06 COMPACTION A. Compaction of each layer of the reclaimed mixture shall be by the MnDOT Spec. 2211.3C2, Quality Compaction Method. ' B. Water shall be added prior to and during compaction as required and is considered incidental to reclamation. ' 000055-09157-0 ©2009 Bonestroo 02965-2 FULL DEPTH RECLAMATION 1 C. The maximum reclaimed layer thickness for compaction shall be 8 inches. ' 3.07 FIELD QUALITY CONTROL A. The specified final Line and Grade Tolerance of the reclaim material shall be in ' accordance with Section 02318. 3.08 MEASUREMENT AND PAYMENT ' A. A Bid Item has been rovided for Reclaim Bituminous Pavement.. Measurement will be by the square yard, regardless of the depth of reclamation: 1. Payment for leveling and com p action of the material immediately after it is reclaimed is included in the Unit Price per square yard. 2. A motor grader with operator and any water necessary to maintain the street until street construction begins is included in the Unit Price per square yard. B. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. ' END OF SECTION 1 000055-09157-0 ©2009 Bonestroo 02965-3 FULL DEPTH RECLAMATION