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' NEAL AVENUE AND 60TH STREET 58TH STREET TO NORELL AVENUE ' PATHWAY IMPROVEMENTS FILE NO. 55-98-804 ' OAK PARK HEIGHTS,MINNESOTA 1998 ' INDEX Index Advertisement for Bids Information to Bidders Proposal Special Provisions 2104. Removing Miscellaneous Structures—Specific and General Requirements ' 2105. Excavation and Embankment—Specific Requirement General Requirements 2112. Subgrade Preparation—Specific Requirement General Requirements 2211. Aggregate Base—Specific and General Requirements 2340. Plant-Mixed Bituminous Pavement Quality Assurance (Q/A)—Specific and General ' Requirements 2521. Concrete Walks—Specific and General Requirements 0564. Epoxy Pavement Marking—Specific and General Requirements 1 2575. Turf Establishment- Specific Requirements ' General Requirements STR-7 Pedestrian Curb Ramp Conditions of the Contract ' 55-98-804 © 1998 Bonestroo,Rosene, Anderlik&Associates,Inc. 1-1 INDEX 1 PROFESSIONAL CERTIFICATION I hereby certify that this plan and specification was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. / a a,...ao..44, ' Jose C. nderlik,P.E. Date: August 21, 1998 Reg. No. 6971 I I 55-98-804 © 1998 Bonestroo,Rosene, Anderlik&Associates,Inc. 1-2 INDEX ADVERTISEMENT FOR BIDS ' Sealed bids will be received by the City of Oak Park Heights, Minnesota in the City Hall at 14168— 57th Street North until 11:00 A.M., C.D.S.T., on Thursday, September 17, 1998, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the ' following: Neal Avenue and 60th Street-Bituminous Pathway Project; 58th Street to Norell Avenue tconsisting of the following approximate quantities: 310 CY Common Excavation ' 4,000 SY Subgrade Preparation 710 TN Class 5 Gravel 510 TN Bituminous Material for Mixture ' 18 EA Concrete Pedestrian Curb Ramps 2,100 SY Sodding 4,000 SY Seeding with Wood Fiber Blanket ' Plans and specifications, proposal forms and contract documents may be seen at the office of the City Administrator,Oak Park Heights,Minnesota,and at the office of Bonestroo,Rosene,Anderlik&Associates, Inc.,Consulting Engineers,2335 W. Trunk Highway 36, St.Paul,MN 55113, (612)636-4600. tEach bid shall be accompanied by a bidder's bond naming the City of g e ty Oak Park Heights as obligee,certified check payable to the City of Oak Park Heights or a cash deposit equal to at least five percent(5%)of the amount of the bid, which shall be forfeited to the City in the event that the bidder fails to enter into a contract. ' The City Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed 45 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of forty-five(45)days after the date and time set for the opening of bids. ' Payment for the work will be by cash or check. ' Contractors desiring a copy of the plans and specifications and proposal forms may obtain them from the office of Bonestroo,Rosene,Anderlik&Associates,Inc.,upon payment of a non-refundable fee of$30.00. See "Information to Bidders" for plan/specification fee policy. ' The City Council reserves the right 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 City. ' Thomas Melena,City Administrator City of Oak Park Heights,Minnesota ' 55-98-804 ®1998 Bonestroo,Rosene, Anderlik et Associates,Inc. ADVERTISEMENT FOR BIDS 1 ' INFORMATION TO BIDDERS 1. BID PROPOSAL: Each planholder has been furnished a specification, plan set and one extra proposal. Bids shall be submitted on the separate Proposal Form designated "BID COPY". Proposal containing the bid shall be submitted in a sealed envelope. The Re•nests for Plans and S•ecifications should clear! state the name of the bid. ro ect bem 2. BRA PLAN AND SPECIFICATION POLICY: 1) Plans and specifications shall only be y available on a non-refundable,per plan basis, with all contractors and vendors being charged the same. Planholders may obtain ' more than one set of plans and specifications for the stipulated amount,however, all are non-refundable. 2) The amount for the bid package will be stated in the Advertisement for Bids. 3. INDIVIDUAL DRAWINGS AND SPECIFICATION SHEETS: Individual drawings and ' specifications sheets may be purchased at the rate of Five Dollars ($5.00) per sheet of drawings and Twenty-five cents ($0.25) Pe awings ty- ( )per sheet of specifications for which no refund will be made. ' 4. BID TABULATION: Planholders submitting a bid will be mailed Planholders not submitting bid a Bid Tabulation. g a may purchase a copy of the Bid Tabulation for Five Dollars($5.00). 1 1 1998 Generai�3nfo ' 01998 l onestroo,Rosene. Anderlilt &Associates,Inc. I 1 laBonestroo Rosen Bidder: Total Base Bid: ®Anderlik& Address: Associates Telephone No. Engineers&Architects City,State,Zip: Fax No. I PROPOSAL I NEAL AVENUE AND 60TH STREET 58TH STREET TO NORELL AVENUE PATHWAY IMPROVEMENTS IFILE NO.55-98-804 OAK PARK HEIGHTS,MINNESOTA 1998 IOpening Time: 11:00 AM CDST Opening Date: Thursday,September 17, 1998 I Honorable City Council City of Oak Park Heights I14168 N 57th St Oak Park Heights,MN IDear Council Members: I The undersigned,being familiar with your local conditions,having made the field inspection and investigations deemed necessary,having studies the drawings and specifications for the work including Addenda Nos. and being familiar with all factors and other conditions affecting the work and cost thereof,hereby proposes to furnish I all labor,tools,materials,skills,equipment,and all else necessary to completely construct the project in accordance with the drawings and specifications on file with you and Bonestroo,Rosene,Anderlik&Associates,Inc.,2335 West Highway 36,St Paul,Minnesota 55113,as follows: INo. Item Units Qty Unit Price Total Price I1 Remove concrete pedestrian ramps SF 180 $ $ I 2 Remove bituminous surfacing SY 50$ $ 3 Saw cut bituminous surfacing LF 100 $ 4 Common excavation CY 300$ $ 5 Subgrade preparation SY 3,060 $ $ I6 Aggregate base,Class 5 TN 680$_ $ I 7 Concrete pedestrian curb ramp,6"thick SF 240$ $ high early strength I55804pro.,ds P-1 I INo. Item Units Qty Unit Price Total Price I8 Bituminous wear course,Type 41A TN 470$ $ 9 Adjust Valve Box EA 4 $ $ 10 Adjust manhole frame EA 2 $ I11 24"solid line,white epoxy LF 30$ $ 12 Sodding,incl 4"topsoil SY 5,000 $ $ I13 Seeding with seed,fertilizer and wood fiber SY 500$ $ blanket I 14 Blvd seeding,incl seed,mulch and disk AC 0.8 $ $ anchor 15 Topsoil borrow(LV)in place CY 275 $ $ I16 Traffic control LS 1 $ $ I17 Bobcat loader HR 3 $ $ 18 Power pickup sweeper HR 5 $ $ I19 Application of water for turf establishment MG 20$ $ ITotal Base Bid $ I I I I I I ' 55804pro.xls P-2 I IThe final amount of the contract shall be determined by multiplying the final measured quantities of the various items actually constructed and installed by the unit prices therefor,in the manner prescribed in the specifications. However, Ithe low bidder shall be determined by adding the sums resulting from multiplying the quantities stated by the unit prices bid therefor. IAccompanying this bid is a bidder's bond,certified check,or cash deposit in the amount of $ ,which is at least five percent(5%)of the amount of my/our bid made payable to the I Owner,and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen(15)days after its submittal to me/us. iIn submitting this bid,it is understood that the Owner retains the right to reject any and all bids and to waive irregularities and information therein and to award the contract to the best interests of the Owner. IIn submitting this bid,it is understood that payment will be by cash or check. It is understood that bids may not be withdrawn for a period of 45 days after the date and time set for the opening I of bids. It is understood that the Owner reserves the right to retain the certified check or bond on the three lowest bidders as determine Respectfully submitted, (A Corporation) I Name (An Individual) (A Partnership) ISigner I Title I IPrinted Name of Signer I I I I 55804pro.xls P-3 1 ' SPECIAL PROVISIONS INDEX 1 1. Project Description ' 2. Owner 3. Completion Date ' 4. Liquidated Damages 5. Soil Conditions and Area Inspection 6. Utilities ' 7. Existing Improvements 8. Traffic ' 9. Specification Reference 10. Use of City Water System Iii. Tests 12. Scale 13. Preconstruction Conference 14. Quantity Deviations 15. Award of Contract 16. Equal Opportunity Compliance 17. Out-Of-State Contractor Surety Deposit ' 18. Certificate of Compliance with MN Statutes 290.92 &290.97 1 1 55-98-804 ®1998 Bonestroo,Rosene, Anderlik&Associates,Inc. SPECIAL PROVISIONS-INDEX 1 ' SPECIAL PROVISIONS ' 1. PROJECT DESCRIPTION: This project consists of constructing a bituminous pathway along Neal Avenue and 60th Street in the City of Oak Park Heights. The pathway extends from Norell Avenue on the east end of the project to 58th Street at the southwesterly end. The proposed pathway ' is to be located on the south and easterly sides of Neal Avenue and 60th Street. From previous roadway projects,the aggregate base has been placed for the majority of the project. I The existing aggregate base is substantially in place from Norell Avenue to Stillwater Ford. From that location to 58th Street,the extent of gravel varies from some to no gravel approaching 58th Street. ' After the bituminous pathway is completed, the Contractor shall restore the turf adjacent to the pathway in accordance with Section 2575. 2. OWNER: The City of Oak Park Heights is designated as the Owner. All work is on public roadways or easements and shall be coordinated with the Engineer and Mr.Jay Johnson,the Public ' Works Director. The City Hall and Garage Building telephone number is 439-4439 with regular office hours from 8:00 A.M. to 4:30 P.M. At least 24 hours notice must be given to the Water Department for requesting valve operation. IOnly the City Water Department Personnel shall o p erate any valves in n the existing water system. IThe Contractor shall not be allowed to take water for construction testing purposes from any source outside of the new project being installed. Furthermore,the Contractor's attention is directed to Special Provision Item No. 10 regarding regulations and restrictions relating to the City water ' Isystem. 3. COMPLETION DATE It is expected that the Contractor will begin work as soon as possible Ifollowing Award of Contract by the City Council, which is scheduled for September 22, 1998. The bituminous pathway and related turf restoration shall be completed by October 31, 1998. 4. LIQUIDATED DAMAGES: Liquidated damages as specified in the Conditions of the Contract shall be Two Hundred Dollars($200.00)per calendar day for each specified completion date. 5. SOIL CONDITIONS AND AREA INSPECTION: All prospective bidders are advised to inspect I the entire project area prior to submitting a bid to satisfy,in their own minds,the existing soil and groundwater conditions. The soil conditions are generally of a silty granular nature. It shall be the sole responsibility of the Contractor to determine soil and groundwater conditions prior to submitting a bid. • ' 55-98-804 ®1998 Bonestroo,Rosene, Andiik&Associates,Inc. SP-1 SPECIAL PROVISIONS sewer,water main,and storm sewers I 6. if7'ILfT1ES: All City-owned utilities,which include sanitary , are shown on the plans. to City Utilities,the Contractor should expect to find telephone lines,electric lines, gas 1 In addition ty I� mains and cable television lines. in the area of this project,the Contractor shall I Prior to submitting a bid and.prior to any excavation pro3ect, verify the exact location and depth of any telephone, gas, cable TV, or electric line with the appropriate company. Locations and information can be obtained by calling the following: Specific S'te Information 1 Enron Corp. (Northern Natural Gas) John Nelson 1-674-4488 N.S.P.Electric Art Nielsen 779-3135 N.S.P.Gas Dave Stillman 229-2589 i U.S.West Telephone Tim Lange 221-5359 Media One Cable TV Pat Wagner 531-4438 i City of Oak Park Heights Public Works Jay Johnson 439-4439 III Utility Locations I Gopher State One Call 454-0002 The Contractor must exercise care and caution when working near all utility lines eithe buried or above ground. The Contractor must coordinate the relocation and/or protection of all existing facilities and any costs for such work shall be the responsibility of the Contractor. �`�'; I 7. FISTING IMPROVEMENTS•The construction of the bituminous pathway involves crossing existing streets and private driveways. At some street intersections,there are concrete pedestrian' I curb ramps and at other locations this Contractor will construct the ramps. Crossing of bituminous driveways will be accomplished by matching the existing surfacing. The construction of the pway may require adjustments to existing valve boxes and manhole structures. The Contractor, at their expense, shall repair any damage done by their construction activities to the existing bituminous surfacing,concrete curb and gutter,driveways, and pedestrian ramps. ii I 8. T ,IC-. The Contractor shall be responsible for all traffic control and shall have sufficient and adequate direction and warning signs on the project at all times to minimize inconvenience to all: Traffic control devices and methods shall conform to the requirements of the latest editions of the Minnesota Manual on Uniform Traffic Control Devices and the April, 1995 Field Manual for Temporary Traffic Control Zone Layouts. The Contractor shall have sufficient and adequate direction and warning signs on the project at all times to minimize inconvenience to all: These Ill devices may include,but are not limited to, flashers, "Road Work Ahead" and"Trucks Hauling" signs and other devices as directed by the Engineer. Traffic control throughout the project shall be I established and maintained as directed by the Engineer. II 55-98-804 0 1998 Bonestrno,Rosette, SP-2 TSTONS Anderlik& SPECIAL PR{)YI Associates,Inc. 1 1 ' The construction of the bituminous athwa will y 1 require construction equipment and tracks on and/or near neal Avenue and 60th Street. Only essential equipment and trucks may use the roadways. All other vehicles will not be allowed to park on Neal Avenue or 60th Street. The"Utility Work Ahead"and"Caution-Trucks Hauling"shall be 48"'x 48"with black lettering on an orange field. It shall be the responsibility of the Contractor to clean and maintain adjacent streets, which may ' become dirty from normal construction activity. Payment for that work shall be at the bid unit price for bobcat and power broom included in the Proposal for actual time spent cleaning and sweeping the area. Payment for hourly used of either the bobcat loader or power broom shall include the • operator. If the Contractor is careless in their operation,they will be required to sweep and clean the street at their own expense, as directed by the Engineer. IAll flagmen,barricades,flashers, and safety measures are the sole responsibility of the Contractor. The Contractor is advised that they are responsible for continuous traffic control throughout all ' phases of work, including all activities of their Subcontractors. Flashers shall be required from sunset to sunrise if required by the construction work or as directed by the Consulting Engineer and all barricades shall have a minimum of one flasher per barricade. All costs related to traffic control and warning shall be included in the Lump Sum bid item. 9. SPECIFICATION REFERENCE: Where reference is made to the Minnesota Department of ' Highways Specification and where reference to the word''Department"is mentioned,it is understood that the word "Owner" is substituted. All reference to the word"Engineer" shall be interpreted as the Consulting Engineer for the City of Oak Park Heights. Minnesota Department of Transportation "Standard Specification for Construction", 1988 Edition and supplement specifications to the 1988 "standard specifications for construction" dated May 2, 1994, and any revisions thereto shall apply except as noted herein. 10. USE OF CITY WATER SYSTEM: Regulations of the Minnesota Department of Health and as adopted by the City of Oak Park Heights, prohibits the indiscriminate use of all City water hydrants by persons other than City forces. IOnly personnel of the City Water Department shall operate valves on the existing system. At least 24 hour notice must be given when requesting valve operation. IDuring construction and testing of newly installed mains under this contract the Contractor shall strictly follow the disinfection procedures outlined in the s water main. specific and general ' requirements. No direct connection will be allowed from the hydrant to the tank truck or watering vehicle. The.Contractor must provide a backflow preventer or fill pipe air gap equal to 1-1/2 times the diameter of the fill pipe or hose. All containers and testing equipment shall be clean and ' thoroughly disinfected to eliminate the possibility of contamination of the system. • 55-98-804 ®1998 Bonestroo,Rosene, SP-3 Anderlik&Associates,Inc. SPECIAL PROVISIONS tested and flushed,the Contractor shall not use any I After the newly installed mains are satisfactorily Y water hydrant for a source of water. : All material and density tests required in:the specifications shall be paid for by the ' 11. TESTS t3' Owner. This does not eliminate the Contractor's responsibility of assisting the Engineer by notification of pit and scale location and other correlated items in advance of starting work. If any 1 of the tests fail to meet specifications,the Contractor shall reimburse the Owner for the cost of all subsequent tests to ensure compliance with specifications. weighing ' 12. SCAM: The Contractor shall provide the necessary scale and scale person for ghi g the items furnished on a ton basis under these specifications. The scale setup is subject to the approval of the Engineer. The necessary weights used in testing the scale shall be provided by the Contractor. I All material furnished to this project on a ton basis shall have an assigned weight ticket with the following information on each weight ticket. 1. Date. 2. Ticket number. 3. Supplier/pit location. 4. City and project name. 5. Truck number. • 6. Type of material.7. Gross,tare and net weights. ' Copies of all weight tickets must be given to the Project Inspector on a daily basis. 13. PRECONSTRUCTION CONFERENCE: Prior to starting work,the Contractor shall meet with the Consulting Engineer and Owner to discuss the method and means of supply,a work schedule as to construction phases,and a general review of the plans and specifications. I 14. OUANTITY DEVIATIONS: Certain items are included in anticipation that the quantity amounts stated represent what is expected based upon general experience in the project area. The I quantity stated is not guaranteed and the actual extent of work to be performed will depend on conditions at the time of construction. Certain items are more likely to vary than others,including Class 5 aggregate base and sod restoration work.No unit price adjustment for any magnitude of increased or decreased quantities is allowed for any line item stated in the proposal. 15. AWARD O F CONTRACT: Only ONTRACT: Onl one award will be made that being the low combined total I of all work from the low responsible bidder stated as Total Base Bid. All Contractors are advised that the normal bidding procedure for Oak Park Heights projects is to receive bids on Thursdays and to award the project on the following Tuesday at the normal scheduled City Council meeting. No additional costs will be-allowed or considered for additional costs related to the delay in the , project. 55-98-804 ®1998 Bonestroo,Ronne, SP-4 SPECIAL PROVISIONS Anderlik&Associates,Inc. 16. EQUAL OPPORTUNITY COMPLIANCE: The City of Oak Park Heights is an Equal Opportunity and Affirmative Action employer. The Contractor with the City is required to follow I and conform to applicable federal,state and City laws as they apply to the Contractors duty for Equal Opportunity and Affirmative Action employment. It is the Contractor's responsibility to insure compliance with Equal Opportunity and Affirmative Action requirements. Failure to comply with ' applicable Equal Opportunity and Affirmative Action employment requirements may lead to Contractor sanctions. ' 17. OUT-OF-STATE CONTRACTOR SURETY DEPOSIT: When an Out-of-State Contractor enters into a contract that exceeds $100,000.00, the Contractor must file Form SD-E, Exemption from Surety Deposits for Out-of-State Contractors,with the Minnesota Department of Revenue. If the Contractor is exempt from the surety deposit requirements,he shall provide the City with a copy of the form showing the Revenue Department certification. If the Contractor is not exempt,the City ' will withhold an additional eight(8)percent of each payment made to the Contractor and forward those funds to the Minnesota Department of Revenue. Forms and information can be obtained by calling (612) 296-6181 or(toll free) 1-800-657-3777. ' 18. CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92& 290.97: 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 City of Oak Park Heights. Copies of this form can be obtained by writing to the Minnesota Department of Revenue,Forms Section,Centennial Office Building,St.Paul,Minnesota 55145 or calling(612)297-3737. ' END OF SECTION 1 1 1 11 1 ' 55-98-804 ®1998 Bonestroo,Rosene, SP- ' Anderlik&Associates,Inc. SPECIAL PROVISIONS I I2104. REMOVING MISCELLANEOUS STRUCTURES ISpecific and General Requirements 2104.0. SPECIFICATION REFERENCE: Section 2104 of the Minnesota Department of ITransportation "Standard Specifications for Construction" 1988 Edition and all amendments there to shall apply except as modified or altered in the General Requirements or the following Specific IRequirements. 2104.1. DESCRIPTION: This work shall consist of removing those items from the project area that I are listed on the proposal form or shown on the plans that are removed shall be hauled off the project site by the Contractor. I2104.3. CONSTRUCTION REQUIREMENTS General: The Contractor shall be responsible for disposal of all items removed, except for those I items identified to be salvaged. Demolition shall be performed without damage to adjacent retained work. Where such work is damaged, the Contractor shall patch, repair, or otherwise restore same its original condition, at no expense to the Owner. Ito All street signs, traffic control signs, mail boxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced as incidental to the project. I2104.4. METHOD OF MEASUREMENT: Measurement for all removal items shall be made at the unit stated on the Proposal. I2104.5. BASIS OF PAYMENT: Payment ym for all removal items shall be at the bid unit price stated in the proposal and shall include all necessary items to properly complete the work. IEND OF SECTION I . I I I 55-98-804 0 1998 Bonestroo,Roselle, IAnderlik&Associates,Inc. REMOVING MISCELLANEOUS STRUCTURES 2105. ROADWAY EXCAVATION ' Specific Requirements ' 2105. SPECIFICATION REFERENCES: Section 2105 of the Minnesota Department of Transportation "Standard Specifications for Construction" 1988 Edition and all amendments thereto shall apply except as modified or altered in the General Requirements or the following Specific ' Requirements. 2105.1. DESCRIPTION: This work shall consist of constructing excavations to complete the ' pathway alongside Neal Avenue. All excavation shall be considered common excavation for this project. The excavated material shall be removed from the project and disposed of at a site chosen by the Contractor. ' While the extent of excavation is not exactly defined, it is anticipated excavation will be required along Neal Avenue from the NSP easement to 58th Street. The surface of the excavated area shall ' be toleranced to within 0.05' above or 0.10'below the prescribed elevation at any point where the measurement is made. ' 2105.4. METHOD OF MEASUREMENT: All excavation items will be measured by volume of material in its original position. Measurements shall be based on cross sections performed by the Engineer before and after the excavation operation. ' 2105.5. BASIS OF PAYMENT: Common excavation will be paid for on the basis of cubic yards, including offsite disposal of all excess material. ' END OF SECTION 55-98-804 1998 Bonestroo,Rosene, Anderlik&Associates,Inc. ROADWAY EXCAVATION 2105. EXCAVATION AND EMBANKMENT ' GENERAL REQUIREMENTS 2105.0. SPECIFICATION REFERENCE: Section 2105 of the Minnesota Department of Transportation, "Standard Specifications for Construction," 1988 Edition and all amendments thereto shall apply except as modified or altered in the following General Requirements. ' 2105.1. DESCRIPTION: This work shall consist of the construction of excavations and embankments from within the limits of the construction area and the disposal of such excavated ' materials in accordance with M.H.D. Specification 2105. 2105.2. MATERIALS: 1 2105.2.1. Excavation Material: Classification of excavated materials on each section of the project will be as shown on the plans or as determined by Engineer as the work progresses. The excavations will be classified as Common Excavation, Rock Excavation, Muck Excavation and Common and Rock Channel Excavation. ' 2105.2. Common Excavation: Shall consist of all excavation materials not classified below as Rock Excavation, Muck Excavation and Common and Rock Channel Excavation. Common Excavation shall include Subgrade Excavation when a separate item therefore is not included in the Proposal. 2105.2.3. Rock Excavation: Shall consist of all materials that cannot be excavated without blasting or ripping and all boulders and other detached stones each of which has a volume of 1 cubic yard or more. 1 2105.2.4. Muck Excavation: Shall consist of the excavation of organic matter that is removed from below the natural ground level of marshes, swamps and bogs to provide a stable foundation for the ' construction of embankments. Sound material above the organic matter shall be removed insofar as practical as Common Excavation. When material becomes insufficiently stable to properly support scraper equipment, the balance of the organic material shall be removed as Muck Excavation. ' 2105.2.5. Subgrade Excavation: Shall consist of all excavation made below the top of the final graded surface of the road and not classified as rock or muck excavation. Topsoil stripping shall be included in this classification. 2105.2.6. Common Channel Excavation: Will consist of the excavation of open ditches or channel ' changes. 2105.2.7. Rock Channel Excavation: Shall consist of the same material classification as described ' above for Rock Excavation, but only in the excavation of open ditches or channel changes. ' 9/95-GenerahStandard ®1995 Bonestroo,Rosene, Anderlik&Associates,Inc. 2105-1 1 2105.2.8. Borrow Material: Borrow material shall consist of all materials excavated from areas designated on the plans as borrow site. All Borrow Excavation will be sub-classified as,Common Borrow. ' 2105.3. CONSTRUCTION REQUIREMENTS: 2105.3.1. General: No excavation or embankment shall be done on any area until all ice and snow and all grass, weeds or other vegetation over 6 inches high have been removed therefrom. If it is necessary in the prosecution of the work to interrupt existing surface drainage, the Contractor shall provide and maintain temporary drainage facilities until permanent facilities are completed. The Contractor shall be responsible for proper drainage of all excavations and embankments. Where large boulders or ledge rock are encountered the Engineer shall immediately be notified so that proper measurement or profile can be made for pay quantities. All topsoil shall be removed within the construction limits and shall be stockpiled at a location kp c oat on wlthln the site as directed by the Engineer. This work must be done prior to any excavation or embankment work being done on all particular parts of the project. All topsoil must remain on the site and shall be considered the property of the Owner. 2105.3.2. Preparation of Embankment Foundation: Where embankment is to be construction over ' swamp, marsh or other locations where the foundation material is unstable, the foundation shall be excavated to remove all or part of the unstable material as indicated in the plans or directed by the Engineer. Dewatering required to provide a stable foundation for construction of embankments will be incidental to the construction. 2105.3.3. Excavation Operation: Excavations in all cases shall be made to the alignment, cross ' section, and grade as shown on the plans and staked by the Engineer. Excavation of unstable materials below grade shall be down under the direction of the Engineer as the subsurface conditions , are disclosed. At the ends of cuts the back slopes shall be so modified as to blend into the surface of the original ground. 2105.3.4. Disposition of Excavated Material: Excavated materials shall be utilized to the fullest extent practicable with granular materials generally being placed in the uppermost position of the embankment. Excavated organic material and other excavated material unsuitable for embankment construction shall be temporarily deposited outside of the construction limits or as directed by the Engineer. After drying out sufficiently for respreading, clay material can be spread as part of the boulevard fills and organic material can be spread not over 1 foot deep on the outer 10 feet of boulevards and on the back slopes of the fill sections. Excess material shall be disposed of in the adjacent areas as directed by the Engineer. The material need not be moved further than normally feasible with a blade or dozer. 1 9/95-GeneranStandard ' 01995 Bonestroo,Rosene, Anderlik&Associates,Inc. 2105-2 ' Excess Common Channel Excavation shall be deposited as spoil backs adjacent to the excavation. Where the excavation is channel change, the excess material shall be used to fill the old channel, so ' far as is practical. Spoil banks shall be not less than 4 feet from the excavation, shall be neatly shaped and shall be ' provided with sufficient openings to permit natural drainage from the adjacent land. No mechanical compaction of spoil banks and fill in abandoned channel, the topsoil in the excavation shall be spread on the top of the fill. 2105.3.5. Placing Embankments: Excavations below subgrade shall be back-filled with selected soil or sand gravel material as specified in the contract. Embankment material shall be deposited and ' spread in relatively uniform layers approximately parallel to the profile grade and extending over the full width of the embankment. ' Topsoil may not be used as fill. All topsoil shall be placed and respread on the boulevards and backslopes after completion of the grading. 2105.3.6. Compacting Embankments: Roadway embankments shall be compacted by the method hereinafter described as "Ordinary Compaction". ' In the "Ordinary Compaction" method, the embankment material shall be deposited and spread in uniform layers approximately parallel to the finish grade and extending over the full width of the ' embankment. The layers in the upper 3 feet of the embankment shall not be more than 8 inches thick (loose measurement) and those in the lower portion shall not be more than 12 inches thick. Each layer shall be compacted with a tamping roller which has a weight of not less than 200 pounds per square inch of tamping surface on all the tamping feet in one row approximately parallel to the axis of the roller. Pneumatic-tired rollers having a weight of not less than 200 pounds per inch of overall rolling width and vibratory compactors may be used provided they produce a density equal to that which would be obtained with a tamping roller. In any case, compaction shall continue until ' there is no evidence of further compaction. Each layer of embankment shall be leveled prior to an in conjunction with compaction operations to insure uniform compaction over the entire area. A crown shall be maintained on the roadway to permit free surface drainage of embankment areas during the grading operation and until final acceptance. ' 2105.4. METHOD OF MEASUREMENT: Excavation items will be cross-sectioned along with Common Excavation. Stripping in embankment areas will be cross-sectioned after completion of the ' stripping operation. The quality for stripping in embankment areas shown on the plans will be used for pay quantities unless there is a substantial change in plans. ' 2105.5. BASIS OF PAYMENT: Payment for excavation and embankment construction will be made on the basis of the following schedule: 9/95-Genera1\Standard 01995 Bonestroo,Roselle, Anderlik&Associates,Inc. 2105-3 1 ITEM NO. ITEM UNIT 2105.501 Common Excavation Cubic Yard ' 2105.503 Rock Excavation Cubic Yard 2105.505 Muck Excavation Cubic Yard 2105.507 Subgrade Excavation Cubic Yard 2105.511 Common Channel Excavation Cubic Yard 2105.513 Rock Channel Excavation Cubic Yard 2105.523 Common Borrow Cubic Yard 1 End of Section i 1 1 1 i 1 1 1 9195-GenereStandard 1995 Bonestroo,Rosene, Anderlik&Associates,Inc. 2105-4 1 1 2112. SUBGRADE PREPARATION Specific Requirements 2112.0. SPECIFICATION REQUIREMENTS: Unless specifically noted or modified herein, all ' sections of the General Requirements shall apply. 2112.1. DESCRIPTION: Subgrade preparation for this project is intended for areas where the gravel is already in place. ' Subgrade preparation shall consist of fine grading, shaping and compacting the aggregate base to receive additional aggregate base material or where no gravel is needed to place the bituminous surfacing. Subgrade preparation would also include removal of sand, weeds, or other improper ' materials on the existing aggregate base. Where required, the Contractor shall shape and compact the existing subgrade for its full width, moisten or dry out the material, compact it and shape it as may be necessary to produce the required density, grade and cross-section. 2112.3. CONSTRUCTION REQUIREMENTS: When the subgrade is being prepared for placement re p p p ment of the bituminous course,the elevation of the finished surface shall be graded to a tolerance of 0.03' plus or minus based on the typical section. 2112.5. BASIS OF PAYMENT: Payment for subgrade preparation shall include all work of ' shaping, drying, application of water, compaction and all else necessary to produce the required density, grade and cross-section. Payment will be at the unit price bid per square yard prepared based on a width of 9 feet. ' No a ent for subgrade ym grade preparation will be allowed where excavation work is performed. END OF SECTION i 55-98-804 SUBGRADE PREPARATION ®1998 Bonestroo,Rosene, Anderlik&Associates,Inc. I 2112. SUBGRADE PREPARATION tGeneral Requirements 2112.0. SPECIFICATION REFERENCE: Section 2112 of the State of Minnesota Department of I Transportation, "Standard Specification for Highway Construction," 1988 Edition and all amendments thereto shall apply except as modified or altered in the following General Requirements. I2112.1. DESCRIPTION: This work shall consist of shaping and compacting the subgrade prior to constructing a subbase,base or surface course thereon in conformance with the Minnesota Department of Transportation Specification 2112 as modified herein. I2112.3. CONSTRUCTION REOUIREMENTS: The Contractor shall scarify the surface of the subgrade, subbase or base for its full width, moisten or dry out the material compact it and shape it as may be I necessary to produce the required density, grade and cross section. The "required density" shall be that obtained by Ordinary Compaction as described in Minnesota Department of Transportation Specification 2105. I2112.4. METHOD OF MEASUREMENT: Subgrade Preparation will �' p be measured by area based on the plan width of the roadbed on the entire project except where grading is required. I2112.4. BASIS OF PAYMENT: When the subgrade was constructed under the same contract as the course being constructed, subgrade preparation will be considered to be incidental work and no direct Icompensation will be made therefore. When the subgrade was not constructed under the same contract as the course being constructed, then Ipayment for subgrade preparation will be made on the basis of the following schedule: ITEM NO. ITEM UNIT 1 2112.502 Subgrade Preparation Square Yards I I I I I10/94-Genera1 Copyright 1994 I Bonestroo,Rosene,Anderlik &Associates,Inc. I I2211. AGGREGATE BASE ISpecific and General Requirements 2211.0. SPECIFICATION REFERENCE: Section 2211 of the Minnesota Department of ITransportation "Standard Specifications for Construction" 1988 Edition and all amendments thereto shall apply except as modified or altered in the General Requirements or the following Specific Requirements. I2211.1. DESCRIPTION: This work shall consist of constructing an g a aggregate base for pathway to I the depth and width indicated on the typical sections and plan sheets. In some areas,the Contractor shall supplement the existing aggregate base to establish the proper grade and slope. It is intended to have 4 inches of aggregate base under all new bituminous pathway. I2211.2. AGGREGATE: Aggregate material used for this project shall consist of MnDOT Class 5 aggregate base. I2211.3. CONSTRUCTION REQUIREMENTS: Prior to aggregate base placement,the surface of the excavation shall be inspected,checked and approved by the Engineer. The Contractor is to construct aggregate base to the depth,width, and slope as shown on the typical section and plans. The aggregate base shall be graded to a tolerance of 0.03' plus or minus based Ion the typical section. The aggregate base shall be compacted by the Special Density Method as outlined in Mn/DOT ISection 2211.3, Paragraph Cl. I The Contractor shall water the existing soils and aggregate placed on this project for dust control as directed by the Engineer. No direct payment will be made for dust control or water used for the project work. Requests for water to be placed for dust control shall be accomplished within four Ihours of notification and shall include evenings and weekends or as deemed necessary. 2211.3.F. Random Sampling of Aggregate Base: The sampling of aggregate base material for I gradation compliance,shall be taken at the project site, as the material is being placed and prior to being compacted. The rate of sampling shall be one sample per 500 tons with a minimum of three samples. IAll required testing of the aggregate base samples shall be as stated in the special provisions referred to as "tests". Gradation tests procedures performed shall conform to ASTM: C136,C117. A delay Iof three working days is anticipated before test results are available. The gradation results obtained from the minimum of three samples of aggregate material, will be I averaged to the nearest one tenth of one percent for each sieve size. These results shall be compared to these stated in the acceptance schedule, shown below: I 55-98-804 ®1998 Bonestroo,Rosene, 1 Anderlik&Associates,Inc. 2211-1 AGGREGATE BASE I I Schedule(Class 5 Corrective Aggregate Base) Action I Acceptance Price Reduction Range Required Sieve Full Payment Range for Non Compliance When % Size When % Passing is 5% Reduction 15% Reduction Passing Is I No. 4 35.0% or greater 34.0- 34.9 33.0- 33.9 less than 33.0% I (a) 80.0% or less 80.1 - 81.0 81.1 - 82.0 greater than 82.0% (b) 70.0% or less 70.1 -71.0 71.1 - 72.0 greater than 72.0% No. 10 20.0% or greater 19.0 - 19.9 18.0- 18.9 less than 18.0% I (a) 65.0% or less 65.1 66.0 66.1 67.0 greater than 67.0% (b) 55.0% or less 55.1 - 56.0 56.1 - 57.0 greater than 57.0% I No. 40 100% or greater 9.0-9.9 8.0 - 8.9 less than 8.0% 35.0% or less 35.1 - 36.0 36.1 - 37.0 greater than 37.0% I No. 200 3.0% or greater 2.7 - 2.9 2.5 2.6 less than 2.5% 10.0% or less 10.1 - 10.3 10.4 - 10.5 greater than 10.5% I a) Applies when the aggregate contains 60 percent or less of crushed quarry rock. b) Applies when the aggregate contains more than 60 percent of crushed quarry rock. I Price adjustments will be made as stated in the acceptance schedule, if the material is in non- 111 compliance and the Contractor elects not to correct the gradation of the in place material. The price reduction percentage for one sieve or the summation of more than one sieve shall reduce the contract I unit price and be applied to the in-place material that the sample represents. Any corrective work required shall be performed by the Contractor at no cost to the Owner. All methods of corrective work that is to be performed must be approved by the Engineer. I 2211.4. METHOD OF MEASUREMENT: Aggregate base shall be measured by weight in tons I only of material deposited on the pathway as required by the standard typical section shown on the plans. 2211.5. BASIS OF PAYMENT: Payment for aggregate base for the pathway shall be by the ton compacted in place. If the aggregate base course material is being wasted or placed excessively thick, the Engineer I reserves the right to deduct quantities that are in excess of plan thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. I END OF SECTION I 55-98-804 ®1998 Bonestroo,Rosene, Anderlik&Associates,Inc. 2211-2 AGGREGATE BASE I 1 ' 2340. PLANT MIXED BITUMINOUS PAVEMENT- QUALITY ASSURANCE(Q/A) ' Specific and General Requirements 2340.0. SPECIFICATION REFERENCE: Unless otherwise noted or modified herein, all sections of Mn/DOT Supplemental Specifications dated May 2, 1994, Section 2340 shall apply. 2340.1. DESCRIPTION: This work shall consist of the construction of hot, plant-mixed bituminous-aggregate mixtures for wear course bituminous pathway to the specified thicknesses and width indicated on the typical section and these specifications. The compacted thickness shall be two (2) inches. 2340.2. MATERIALS: The materials shall be the same as those specified in 2331.2 or as modified ' below. A. Aggregate: Shall conform to the requirements of 3139 and the gradations for each type of mix as indicated in Table 3139-1, or more specifically the following: MIX DESIGNATION Mix Type 31 -Aggregate Size B Base Course 31 BBB 50000 Mix Type 41 - Aggregate Size B Leveling and Wear Course 41 WEB 50055 ' Mix Type 41 - Aggregate Size A Pathway, Parking Lot Wear Course 41 WEA 50055 Mix Type 47 - Aggregate Size B Wear Course 47 WEB 50070 ' B. Bituminous Material: Bituminous material shall conform to Mn/DOT "Standard Specifications for performance graded asphalt" The Performance Grade Asphalt Cement shall be PG 58-28. 2340.3. CONSTRUCTION REQUIREMENTS: A. General: The Contractor shall review the proposed paving sequence with the Engineer prior to ' placement of the wear courses. The proposed sequence shall address such things as longitudinal seams,compaction, traffic control,hauling routes, and placement of pavement markings. Also the Contractor shall provide adequate signing, marking, and personnel to facilitate the wear course ' paving and associated lane closures if applicable. Prior to the installation of the wear course and if needed before striping,the Contractor shall clean ' the streets as an incidental cost to the bituminous wear course. B. Restrictions: All street surfaces shall be checked and approved by the Engineer prior to paving. Existing bituminous surfaces or succeeding lifts must be dry prior to placement of any bituminous pavements. The wearing course mixture shall not be placed when the air temperature, in the shade and away ' from artificial heat, is 50 degrees or less, unless otherwise approved by the Engineer. ' 55-98-804 0 1998 Bonestroo,Rosene, PLANT MIXED BITUMINOUS PAVEMENT- Anderlik&Associates,Inc. 2340-1 QUALITY ASSURANCE(Q/A) mixtures the Contractor shall provide a minimum of six During the placement of the wear course p personnel as follows: one paver operator,two persons to operate the adjustment screws on the back of the paver, one bituminous finisher (raker), one rubber tire roller operator, and one steel drum roller operator. Compaction operations may require additional roller operators to obtain the required densities. C. Equipment: Bituminous pavers shall be self-contained, power propelled units with automatic I screed control conforming to Mn/DOT 2331.3C2A. The Contractor shall review his proposed grade and slope control procedure with the Engineer prior to paving. The procedure shall be subject to the I approval of the Engineer. Where the Contractor is to construct the eight foot wide bituminous pathway they must perform that paving with a self-propelled track paver as approved by the Engineer. I D. Treatment of Surface: A bituminous tack coat shall be applied to existing bituminous surfaces, and to each lift or course constructed according to Specification 2357. I E2b. Contractor Trial Mix Design: The Bituminous mix shall be designed using the Contractors trial mix design specifications 2331.3E2b. I E2e. Recycled Mixture Requirements: Requirements under Mn/DOT Section 2331.3E2e shall apply. The exception is that recycled bituminous Mixture Type 42 and Type 48 shall not be substituted for Type 41 and Type 47 mixtures. E3. Contractor Testing: The Contractor shall be required to perform quality control testing for all bituminous mixups, in accordance to Section 2340.3E3. F. Plant Operations: All bituminous mixtures shall be furnished by a ContractorEs Certified Plant I for Bituminous Mixtures, adhering to Mn/DOTDs certification procedure. H. Compaction Operations: Compaction requirements shall conform to Mn/DOT Specification I 2340.3H2 as modified specified density method. Each required lift of bituminous mixture shall be uniformly compacted to a density not less than 91% of the maximum specific gravity value. I Sufficient compaction equipment of proper size and good mechanical condition shall be used to compact the mixture to the specified requirements. For this purpose, a vibrating steel drum roller I and a pneumatic tired roller shall be employed in conjunction with each other during compaction of all wear courses except bituminous pathway. After compaction,the thickness of each course shall be within plus or J. Thickness Requirements: p p minus 1/4 inch of the thickness shown in the plans. For any course constructed,the materials used in excess of the specified thickness plus 1/4 inch will be excluded from the pay quantities. I 55-98-804 ©1998 Bonestroo.Rosen, PLANT MIXED BITUMINOUS PAVEMENT- Anderlik&Associates,Inc. 2340-2 QUALITY ASSURANCE(Q/A) 1 1 1 K. Construction Joints: Where new construction meets existing bituminous minous surfacing, the existing surface shall be milled straight and uniform prior to placement of each bituminous course. Payment 1 for this work shall be considered incidental to the project. A tack coat shall be applied to these existing joints and payment for this tack coat shall be made at the bid unit price for bituminous tack coat. 1 2340.5. BASIS OF PAYMENT: Payment for bituminous mixture shall be by the ton of material placed and accepted, which shall include both the bituminous course mixture and the bituminous 1 material for mixture. The cost for Contractor testing will be incidental to the bituminous mixture pay item. 1 If bituminous paving material is being wasted or placed excessively thick,the Engineer reserves the right to deduct quantities that are in excess of plan thickness. Said quantities shall be based on bituminous material weighing 110 pounds per square yard of area per inch of thickness. 1 END OF SECTION 1 1 1 i 1 i i 1 1 1 55-98-804 ©1998 Bonestroo,Rosene, PLANT MIXED BITUMINOUS PAVEMENT- Anderlik&Associates,Inc. 2340-3 QUALITY ASSURANCE(Q/A) 1 I 2521. CONCRETE WALKS ISpecific and General Requirements 2521.0. SPECIFICATION REFERENCE: Section 2521 of the Minnesota Department of Transportation, I "Standard Specifications for Construction", 1988 Edition, and all amendments thereto shall apply except as modified or altered in the following Specific and General Requirements. I 2521.1. DESCRIPTION: This work consists of constructing concrete pedestrian curb ramps at locations indicated on the plans throughout the pathway systems. All pedestrian curb ramps shall be six (6)inches thick and shall conform to the STR-7 Detail Plate. I2521.2. MATERIALS: I 2521.2.A. Concrete Mix: The concrete mix shall be 3Y36 having a minimum 4-day compressive strength(high early strength)of 4000 pounds per square inch(psi). The thickness of the concrete ramps shall be six(6)inches. I2521.3. CONSTRUCTION REOCfIREMENTS:It should be noted that,in accordance with the guidelines of the Americans with Disabilities Act(ADA) the design slopes of the concrete pedestrian ramps must I be strictly adhered to. Specifically, this requires that there be no lip or ridge in the gutter line of the concrete curb across the width of the pedestrian ramp,and that the slope requirements of the curb,ramp, and bituminous landing area as shown in the detail drawing be met. Any non-compliance with these I requirements or of any other area,shall be cause for removal and replacement of the non-compliant items with no additional compensation. I2521.3A. Foundation Preparation: Place 4" select sand backfill beneath walk. 2521.3C1. Placing and Finishing Concrete: At locations where new bituminous pathways are being I constructed,the concrete pedestrian ramps shall not be constructed until construction of the bituminous pathway has been completed. The bituminous pathway shall be saw cut immediately prior to construction of the pedestrian ramps in order to provide a straight, square butt joint. Saw cutting of the bituminous Ipathway shall be considered incidental to the construction of the concrete pedestrian ramp. The surface treatment for the concrete pedestrian ramps shall be an exposed aggregate finish. This Ifinishing technique shall be applied to the surface area of the ramp to match the existing ramps. 2521.3C3. Concrete Curing and Protection: Use spray-on curing compound containing a fugitive dye I immediately after the final brushing. As soon as the concrete has hardened sufficiently to prevent damage,cover for not less than 48 hours with polyethylene film, well weighted at the edges with earth. An acceptable alternate to the use of polyethylene film is to provide a second,heavy application of spray- Ion curing compound 4 to 8 hours after the first coat. 2521.4. BASIS OF PAYMENT: Payment for the concrete pedestrian ramps shall be made at the bid unit Iprice as stated in the Proposal for ramps actually constructed and measured in the field. IEND OF SECTION 55-98-804 1998 Bonestroo,Rosene, Anderlik&Associates,Inc. CONCRETE WALKS 1 0564. EPDXY PAVEMENT MARKINGS ' Specific Requirements p 0564.1. GENERAL: The epoxy pavement markings specified herein are to be placed as indicated on the plans after the final bituminous pathway is completed. This Work shall consist of furnishing ' and applying epoxy pavement markings with "beads-on"for the control and guidance of traffic in accordance with the details shown in the Plans, the Minnesota Department of Transportation "SPECIFICATIONS FOR EPDXY RESIN PAVEMENT MARKINGS (FREE OF TOXIC HEAVY I METALS)", dated February 12, 1996,Metric (English) and "DROP-ON GLASS BEADS", dated December 21, 1995 both of which can be furnished to the Contractor upon request of the Engineer. All epoxy markings are intended for use on final lifts of bituminous. The Contractor shall have the ' Engineer approve any pavement markings prior to their installation.x 0564.2. MATERIALS: When measured according to ASTM D 2805.using Illuminat C,the mixed Iand cured yellow paint shall be within the following color values: ' Daylight Directional Reflectance(Y) 50 minimum x 0.475 0.495 0.520 0.485 y 0.455 0.480 0.455 0.430 Any epoxy pavement marking material used on this project shall be on Mn/DOT's most recent ' Product Approval List. The exact epoxy product to be used shall be approved by the Engineer prior to any field application. ' MINNESOTA DEPARTMENT OF TRANSPORTATION EPDXY RESIN PAVEMENT MARKING MATERIAL-APPROVED PRODUCTS LIST ' MANUFACTURER EPDXY TYPE APPR DATE PRISMO (HS 501 WHITE COMP A) I 1975 UNIVERSAL (HS 506 YELLOW COMP A) ' (HS 502 COMPONENT B) PRISMO (HS 511 WHITE COMP A) I 1982 UNIVERSAL (HS 513 YELLOW COMP A) SUPER LIFE (HS 502 COMPONENT B) ' PRISMO (HS 504 WHITE COMP A) II 1975 UNIVERSAL (HS 508 YELLOW COMP A) (HS 502 COMPONENT B) ' PRISMO (PART A-BLEND 60%HS 504) III 1981 UNIVERSAL (TO 40%HS 501 WHITE) (HS 502 COMPONENT B) PERMALINE (AD 1055A WHITE COMP A) I 1980 (AD 1055B COMP B) ' (AD 7075 YELLOW COMP A) (AD 7075B COMP B) TYPE I=Fast Cure Material, TYPE IT=Slow Cure Material, TYPE III=Medium Cure Material 55-98-804 ©1998 Bonestroo,Rosene, ®564-1 Anderlik&Associates,Inc. EPDXY PAVEMENT MARKINGS i 1 MINNESOTA DEPARTMENT OF TRANSPORTATION EPDXY RESIN PAVEMENT MARKING MATERIAL-APPROVED PRODUCTS LIST(Cont.) ' MANUFACTURER EPDXY TYPE APPR DATE POLYCARB (MARK 55.,1 WHITE COMP A) I 1982 (MARK 55.1 YELLOW COMP A) (MARK 55.1 COMPONENT B) POLYCARB (MARK 55 WHITE COMP A) II 1991 (MARK 55 YELLOW COMP A) (MARK 55 COMPONENT B) TYPE I=Fast Cure Material, TYPE II=Slow Cure Material, TYPE III=Medium Cure Material 564.3. CONSTRUCTION: The Contractor shall notify the Engineer fY g eer at least 24 hours prior to requiring any"spotting" (layout) of pavement marking lines and/or messages All traffic control for pavement marking application operations done on roadways open to traffic shall conform to Mn/DOT's "TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS-FIELD MANUAL",dated April, 1995. A shadow vehicle with a truck-mounted attenuator shall be used on high-speed(greater than 40 mph),high volume(ADT greater than 1500)roadways,unless approved otherwise by the Engineer. All epoxy pavement markings shall be placed no sooner than 24 hours after final paving and ideally within five (5) calendar days if the roadway is not open to traffic. The goal is to give the final bituminous time to cure but not to allow dirt and dust to accumulate on the roadway surface. 0564.4. MEASUREMENT: All epoxy pavement markings shall be measured separately by length of each color and width applied complete in place as specified. Broken lines shall be measured by the actual length of line placed and will not include the gap between each broken line. Double yellow lines shall be measured to include both 4-inch lines per lineal foot of quantity because they are applied simultaneously. Pavement messages of each type shall be measured separately by the number applied as specified. 0564.5. PAYMENT: Payment for epoxy pavement markings of each color and width will be made in accordance with the schedule set forth below at the appropriate Contract bid price for the specified unit of measure. Such payment, in each instance, shall be compensation in full for all costs incidental thereto including, but not limited to; surface preparation, traffic control measures, and maintaining the work,together with any other expenses incurred in completing the work that are not specifically included for payment under the Contract items. 1 END OF SECTION ' 1 55-98-804 ©1998 Bcnestroo,Rosene, 0564-2 Anderlik&Associates,Inc. EPDXY PAVEMENT MARKINGS I I I2575. TURF ESTABLISHMENT ISpecific Requirements 2575.0. SPECIFICATION REFERENCE: Unless otherwise noted or modified herein, all sections Iof the General Requirements shall apply. 2575.1. DESCRIPTION: This work shall consist of turf establishment adjacent to the bituminous I pathway. In general, the areas between the curb and gutter and the pathway will be sodded. In addition, a strip of sod will be placed alongside the opposite side of the pathway, as directed by the Engineer. IFor most areas, the above described sodding will be adequate for the specified turf restoration for this project. An item is included for seeding with wood fiber blanket for steep areas that may need Irestoration near the pathway. Finally, an item for seeding with mulch disked anchored is included for any other areas disturbed by the improvements. IThe Owner reserves the right to add or delete restoration items as deemed necessary to accomplish the restoration work in the best interests of the project without changes in the bid unit prices. I2575.2. MATERIALS: 2575.2.1. Seed: The seed mixture shall be Mixture 500 applied at the rate of 100 pounds per acre. 2575.2.2. Topsoil: Where sodding is specified, the Contractor shall provide 4" of topsoil with the A sod item. Where seeding is to be performed,topsoil borrow material will be used to supplement the existing site conditions. All topsoil used on this project shall comply with Mn/DOT Specification 3877.2 - "A" Topsoil Borrow Material. I2575.2.3. Sod: Sod shall include a minimum of the top 1" of well-established cultured sod, consisting in the major part of Kentucky Bluegrass,free from noxious weeds and relatively free from Iall other weeds, and free from roots, stones and other objectional materials. Sod shall resist normal handling without undue breaking or tearing. Sod shall be cut in uniform strips,24"wide and not less than 24"long and shall be cut to a uniform thickness so a dense root system will be retained,but be I exposed on the bottom side of the sod. Sod shall conform to the requirements of MnDOT Spec. 3878,Type D Mineral Sod. Sod grown in peat will not be acceptable. I2575.2.4. Mulch: All seeded areas shall be covered immediately after seeding with Type 1 mulch, disk anchored into the soil, at the rate of 2 tons per acre. I2575.2.5. Fertilizer: Areas to be seeded shall be fertilized using a commercial grade (12-12-12) applied at 200 lbs. per acre. I I 55-98-804 r ©1998 Bonestroo,Rosene, Anderlik&Associates,Inc, 2575-1 TURF ESTABLISHMENT 2575.7. Wood Fiber Blanket: The blanket shall be Amxco Curlex Blanket as manufactured by American Excelsior Company,or equal. The blanket shall be the standard blanket with the top side of the matting to be covered with a photo-degradable extruded plastic mesh. The blanket shall be installed and stapled as per the manufacturer's instructions. 2575.3. CONSTRUCTION REQUIREMENTS: The Contractor shall strip and salvage all available topsoil from the areas disturbed by construction, and shall be responsible for respreading over the areas to be seeded or sodded. All areas to be seeded shall be neatly leveled and the existing soils loosened to a depth of at least two Y g p inches. All roots,rocks, stones,clods and other objectionable matter shall be removed. All areas to be sodded shall be rolled immediately following placement of the sod. gP 2575.3.6. Maintenance: Maintenance of all areas restored under this contract shall be performed ' in accordance with Mn/DOT Section 2575.3,Paragraph L,except that the term"growing days" shall �'aP owin da s P �' g Y be changed to"calendar days". Those requirements shall be extended to cover those areas restored by seed and mulch as well as those restored with blanket or sod. The Contractor shall be solely responsible for replacement and/or repair of any seeded or sodded area that may washout or erode or fail to grow within the 30 day maintenance time period with no additional compensation therefor. All maintenance activities performed on the restored areas for the period of 30 calendar days after placement of the seed or sod shall be considered incidental to the restoration. At the end of the maintenance period,the Engineer shall make an inspection of all restored areas to determine whether they are growing satisfactorily. If, in the opinion of the Engineer, any area is not yet established,the Engineer may direct the Contractor to continue watering of the area. In that case, the frequency of the watering shall be specified and modified as necessary by the Engineer. ' Watering shall continue at the specified frequency until the Engineer directs the Contractor to cease. If watering beyond the initial 30 day maintenance period is required,compensation shall be provided ' to the Contractor on the basis of gallons of water actually applied after the end of the initial maintenance period. Measurement shall be made for each 1000 gallons (MG) applied. The Contractor shall furnish information on the amount of water placed on a weekly basis to the Engineer. Payment at the bid unit price for"Application of water for turf establishment"shall be considered complete compensation for all labor,equipment and materials necessary to complete the watering as directed. All watering activities on restored areas during the initial maintenance period shall be considered incidental to the restoration, with no payment considered or allowed therefor. 55-98-804 , ©1998 Bonestroo,Rosene, Andethk&Associates,Inc. 2575-2 TURF ESTABLISHMENT I I2575.5. METHOD OF MEASUREMENT AND PAYMENT: I Seeding: Seeding, including seed mixture, mulch material, disk anchoring, and fertilizer shall be paid for at the bid unit price per acre which shall be compensation in full for all work. I Seeding with Wood Fiber Blanket: Seeding, including seed mixture, mulch material, wood fiber blanket, staples, and fertilizer, shall be paid for at the bid unit price per square yard stated in the proposal which shall be compensation in full for all this work. No additional compensation will be Iallowed for overlapping of the wood fiber blanket. Sodding: Sodding, including sod,4" topsoil, grading, shaping, rolling, maintenance, and cleanup Ishall be paid for at the bid unit price per square yard stated in the proposal which shall be compensation in full for all work. The basis of measurement shall be the area actually covered by I the sod,regardless of whether or not sodding is lapped or shingled. If necessary,the sodding shall be pegged with no further compensation allowed for extra time or materials required. I Topsoil Borrow: Topsoil borrow is intended to be used to supplement existing topsoil in areas to be seeded. Payment will be made on the basis of cubic yards (LV)of material placed on the project. I END OF SECTION I I I I I I I I55-98-804 ©1998 Bonestroo,Rosene, IAnderlik&Associates,Inc. 2575-3 TURF ESTABLISHMENT I I2575. TURF ESTABLISHMENT IGeneral Requirements 2575.0. SPECIFICATION REFERENCED: Section 2575 of the Minnesota Department of ITransportation"Standard Specifications for Construction" 1988 Edition and all amendments thereto shall apply except as modified or altered in the following General Requirements. I2575.1. DESCRIPTION: This work shall consist of establishing ground cover on designated areas in accordance with the plans and as specified herein. I2575.2. MATERIALS: I 2575.2.1. SEED: All seed required on the project shall be furnished by the Contractor and meet the following requirements: I A. All seeds shall conform to the requirements of the latest seed laws of the State, including those governing labeling and weed seed tolerances. B. Purity and germinations requirements listed below shall be met. I Purity Germination Common&Botanical Name Minimum% Minimum I Alfalfa, Creeping (Medicago Sativa) 99 85 Alsike Clover (Trifolium Hybridum) 99 85 White Clover (Trifolium Repens) 99 85 I Park Kentucky bluegrass (Pos Pratensis) 95 82 Perennial ryegrass (Lolium Perene) 99 90 Smooth bromegrass (Bromus Inermis) 90 85 Timothy(Phleum Pratense) 99 85 t, m Switchgrass (Panicu Virgatum) 95 B0 I C. The seed mixture shall be one of the mixtures listed below as required in the Specific Requirements. IMixture 500 Mixture 700 40.0% Park Kentucky Bluegrass 11.4% Switchgrass 20.0% Smooth Bromegrass 11.4% Timothy I6.0% Switchgrass 37.2% Smooth Bromegrass 8.0% Timothy 11.4% Creeping Alfalfa I 20.0% Perennial Ryegrass 28.6% Perennial Ryegrass 6.0% White Clover in III Gen\specs\standard I ©1995 Bonestroo,Rosene, Anderlik&Associates,Inc. 2575-1 1 Mixture 400 Mixture 600 ' 28.6% Alkali Grass 53.3% Park Kentucky Bluegrass 28.6% Park Kentucky Bluegrass 26.7% Red Fescue 28.6% Dawson Red Fescue 4.0% Redtop 14.2% Perennial Ryegrass 2.7% White Clover 13.3 Perennial Ryegrass Mixture 650 Mixture u e 675 25% Bluegrass, 'Elite" Kentucky 33.4% Bluegrass, "Nugget" Kentucky 25% Bluegrass, "Improved" Kentucky 33.4% Bluegrass, "Glade" Kentucky 25% Bluegrass, "L.M." Kentucky 33.3% Fescue, "Ruby" Creeping Red 15% Red Fescue 10% Perennial Ryegrass Mixture 800 Mixture 900 35% Creeping Alfalfa 6.7% Alfalfa 20% Smooth Bromegrass 13.3% Smooth Bromegrass 7.5% Redtop 6.7% Alsike Clover 20% Perennial Ryegrass 11.1% Red Clover 7.5% Switchgrass 6.7% Sand Dropseed 10.0% Timothy 20.0% Perennial Ryegrass 6.7% Timothy 28.8% Hairy Vetch Mixture 1000 Mixture 1100 100% Winter Wheat 100% Oats Mixture 1150 100% Cerial Rye ' 2575.2.2. Topsoil: Topsoil used on this project shall be in general accordance with the material described as Topsoil Borrow in Mn/DOT Specification 3877 and may contain a maximum of 20 percent organic material. The gradation requirements will be waived on topsoils natural to the site. 2575.2.3. Sod: Sod shall consist of density-rooted bluegrass or other approved permanent turf grasses. Sod shall be cultured sod of a good quality. It shall be densely rooted Bluegrass or other approved permanent turf grasses, free of noxious weeds and objectionable grasses. Before cutting,the sod shall be raked free of all debris and the grass cut to a length of ' g, g gt o approximately two (2") inches. All sod shall be cut in uniform strips not less than twelve (12") in width. The thickness shall be such as to contain practically all of the dense root system of the grass, but never less than 3/4 inch. Gen\specs\standard ®1995 Bonestroo,Rosette, Anderlik&Associates,Inc. 2575-2 Lawn and Boulevard Sod: This type of sod shall be high quality type with a lush appearance,g q Y YP pp ce, dense, of uniform texture and bright color throughout. The sod shall be weed free and shall contain no more than 1/4 inch of thatch over the base soil. Erosion Control Sod: This sod shall be a low maintenance type, dense and of uniform texture. The sod shall be free of noxious weeds and shall contain less than 3% grassy weeds, sedges, broad leaf weeds or course grasses. ' Pasture Sod: This sod is to be used for revegatating dry sand and infertile sites. This sod shall be harvested from local pastures or lawns. The sod shall consist of local bluegrasses or other approved ' fine stemmed permanent turf grasses. All pasture sod shall be inspected at the harvest site and approved by the Engineer prior to cutting. ' 2575.2.4. Mulch Material: Mulch material shall conform to the requirements of the following types with the type being specified in the Specific Requirements. ' Type 1: This type shall consist of grain straw, hay, cuttings of agricultural grasses and legumes. The material shall be free of seed bearing stalks of noxious grasses or weeds. The material shall not contain Canada thistle or leafy spurge fragments or seeds. At he time of delivery, the mulch shall be in an air dried condition. Type 2 and 3: This type mulch using emulsified asphalt shall not be used on the project. ' Type 4 to 6: Mulch yp type 4 through 6 shall be as described in Mn/DOT Specification 3882.2 ' and shall be required when specified in the Specific Requirements. 2575.2.5. Fertilizer: Fertilizer furnished under this specification shall be a commercial grade ' containing at least the minimum nitrogen, phosphorus and potassium specified as 20-10-10. 2575.2.6. Polypropylene Plastic Netting: Polypropylene plastic netting shall meet the requirements of Mn/DOT Specification 3883. 2575.2.7. Wood Fiber Blankets: Wood fiber blankets shall be in accordance with Mn/DOT ' Specification 3885. 2575.3. CONSTRUCTION REQUIREMENTS: ' 2575.3.1. General: The areas to be seeded or sodded shall be covered with three (3) inches of suitable topsoil or as stated in the Specific Requirements. On the areas where mulch is required, the mulch must not lag the seeding by more than 24 hours. ' 2575.3.2. Soil Preparation: Immediately in advance of the sodding and seeding the areas shall be raked clean of all stones, clods, roots and other objectionable matter. The areas to be sodded or seeded shall be reasonably smooth and blend with the contour of the adjoining areas. The finished surface shall be flush with or slightly below the surface of adjoining turf, walks, curbs., etc. Gen\specs\standard ' ©1995 Bonestroo,Rosene, Anderlik&Associates,Inc. 2575-3 1 Prior to sowing the seed or placing sod, the soil shall be loosened to a depth of approximately three , (3)inches using discs, harrows, field diggers or other suitable cultivating equipment. In compacted areas,the Engineer may require ripping, additional equipment, or other necessary measures to assure proper soil loosening. 2575.3.3. Applying Fertilizer: Fertilizer shall be applied at the rate of 400 pounds per acre unless otherwise specified in the Specific Requirements using mechanical spreading devices which provide uniform distribution of the material over the designated areas. 2575.3.4. Sowing Seed: Upon delivery the seed shall be protected from moisture until it is used. Seeding shall be done as soon as possible after finish grading has been completed. Seed shall be sown uniformly at the specified rate of application specified. ' The rate of application and season of planting shall be as follows: Mixture Pounds Per Acre Season on of Planting 500 50 April 15 - June 1 & , July 20 - September 20 600 75 April 15 - June 1 & ' July 20 - September 20 700 35 April 15 - June 1 & July 20 - September 20 800 40 April 15 - August 15 900 45 April 1 - September 1 1 1100 80 April 1 - September 1 1150 35 April 15 - June 1 & August 15 - October 15 The seeding date restrictions may be modified and dormant seeding will be allowed subject to the approval of the Engineer. Seed shall be sown by means of mechanical or hydro spreading of the seeds at the specified rate of application. The use of hand operated mechanical spreaders may be permitted only on areas which are inaccessible to, or too small for,the other equipment approved herein. An agricultural type seed drill will be required only where mulching is not specified. 1 Ge nNspecs\standard ©1995 Bonestroo,Rosene, Anderlik&Associates,Inc. 2575-4 I IAll seeded areas shall have the seedbed firmed after seeding and prior to mulching. The soil firming shall be done with a drag, cultipacker or other approved soil firming equipment. Soil firming or seed Icovering shall be accomplished after seeding. 2575.3.5. Applying Mulch: The rate of application of Type 1 mulch shall be approximately two (2) Itons per acre. The mulch shall be anchored with a disc, clodbuster or other approved equipment. this equipment shall anchor the material by punching it into the soil to a depth of approximately 2 to 3 inches. The anchoring equipment shall be operated in a general direction at right angle to the 1 direction of surface drainage wherever practical. All mulch shall be anchored immediately after placement unless otherwise authorized by the Engineer. IApplying other types of mulch material shall be in accordance with Mn/DOT Specification 2575.3F. Interim seeding shall be required on grading areas where the permanent seeding cannot be performed because of contract requirements for temporary construction (by passes, etc.) or because topsoil placement and permanent seeding are to be accomplished under a future contract. ITopsoil covering will not be required for interim seeding if the subsoil is reasonably suitable for plant growth, as determined by the Engineer. 2575.3.6. Temporary Mulching: When directed by the Engineer,mulch material conforming to Type 1 or 4 may be placed during times when seeding is not permitted. The area shall be shaped and the Isoil loosened to anchor the mulch as directed by the Engineer. 2575.3.7. Placing Sod: All sod shall be placed within 24 hours after being cut. During this period, Iit shall be protected against drying out by being covered as may be necessary. The sod strips shall be carefully placed by hand, beginning at the bottom of the slope and progressing upward. The length of the strips on slopes shall be laid with staggered joints and the edges of all strips shall be tightly pressed against the edges of adjoining strips. Sod laid adjacent to in place improvement and existing turf shall be neatly abutted and shall be such that drainage will be conducted over the surface I with no overlapping allowed. Elsewhere, the outside edges of the sodded areas shall be rolled in or banked flush with soil, thoroughly compacted to form a flush surface as directed by the Engineer. I Overlapping of sod strips, shingle style will be required in waterways where directed by the Engineer, in which case the sod strip shall be laid at the right angles to the flow of water. I Although pegging of sod is not specifically required it is understood that the Contractor will be responsible for the successful establishment of the sod including repair or replacement of sod which becomes displaced or damaged due to the lack of protection or proper care. After the sod has been placed, the sod shall be watered and compressed into the underlying soil by rolling or tamping. In dry periods,the Engineer may require the watering of areas to be sodded prior 1 to the sod placement. IGen\specsNstandard C 1995 Bonestroo,Rosene, 1 Anderlik&Associates,Inc. 2575-5 2575.3.8. Placing Erosion Mats: Erosion mats shall be installed in accordance with Mn/DOT ' Specification 2575.3.K. 2575.3.9. Maintenance: All sod placed under the contract shall be watered and maintained by the Contractor until acceptance by the Engineer. Upon being placed, the sod shall be maintained for at least 30 growing days before final inspection and acceptance will be made. A"growing day" shall be defined as any calendar day exclusive of those days from June 10 to August 10 and those days from November 1 to May 5, subject to such adjustment of those dates as are authorized and made, depending on prevailing conditions. During the maintenance period, all sod which is presumed dead,damaged, or has become infected with weeds shall be replaced with new sod as directed by the Engineer. Areas replaced with new sod shall be maintained by the Contractor for at least 20 growing days after placement. When so directed by the Engineer, the Contractor shall reseed any areas on which the original seed has failed to grow. If mulching is required on the project, the reseeded area shall also be remulched. The Contractor shall maintain the wood fiber blanket installation for 30 days. The Contractor shall thoroughly water the blankets immediately after placement, with additional watering performed as necessary. The Contractor shall be responsible for controlling erosion and establishing a permanent vegetative cover. In the event of seeding failure or erosion during the maintenance period, the Contractor shall restore such areas at no additional cost. Until final acceptance of the work, all maintenance, replacement and repair work shall be performed at the expense of the Contractor, except that the additional seed and mulch material used for reseeding and remulching will be measured and paid for at the contract unit prices provided the original work was performed satisfactorily in accordance with requirements. 2575.3.10. Acceptance of Work: Seeding will generally se accepted by increment area upon ' satisfactory completion of the seeding and mulching and anchoring if specified. Acceptance of seeding will relieve the Contractor of responsibility for maintenance except for reseeding and remulching as directed by the Engineer. Upon satisfactory placement of the original sod, payment for sod placed will be authorized at the contract unit price subject to retainage provisions of the Conditions of the Contract. Upon expiration of the sod maintenance period, the Contractor shall immediately replace all presumed dead and damaged sod, or sod which has become infected with weeds. Areas replaced with new sod shall have the maintenance period extended by 20 days after replacement. Final payment shall not be made until after the maintenance period or extended period and acceptance by the Engineer. Erosion mats will be accepted at the time of accepting the seeding and mulching over which the mats ' are placed. Any repairs ordered by the Engineer after acceptance of the erosion mats will be compensated for at the contract prices. ' Genlspecs\standard ©1995 Bonestroo,Rosette, Anderlik&Associates,Inc. 2575-6 2575.4. METHOD OF MEASUREMENT: ' 2575.4.1. Seeding: Seeding will be measured by original area seeded. Areas requiring reseeding where the original seed has failed to grow will not be added to the original measured area. ' 2575.4.2. Seed: All seed furnished and applied for both the original seeding and reseeding shall be measured by the weight of each mixture used. 2575.4.3. Mulch: Mulch materials will be measured separately by weight of each type furnished and ' acceptably applied mulch material used in remuiching will be measured by weight and added to the mulch quantities originally used. ' 2575.4.4. Disc Anchoring: Disc anchoring of T yp e 1 mulch will be measured by the area in acres ' of mulch disced acceptably. 2575.4.5. Fertilizer: Commercial fertilizer will be measured by weight for each kind furnished and applied. 2575.4.6. Sodding: Sodding will be measured by the area sodded and accepted based on actual ' measurements taken along the surface of the sod. No additional payment will be made for ares resodded. Where sod is placed shingle style in waterways,the product of the sod strip length and the number of strips placed will be used as the measurement. 2475.4.7. Erosion Mats: Erosion mats of each kind will be measured separately by the area covered. 2575.5. BASIS OF PAYMENT: Payment for Turf Establishment items at the contract prices per unit of measure shall be compensation in full for all topsoil, materials,preparation, installation and maintenance on the basis of the following schedule: ' Item No. Item Unit 2575.501 Seeding Acre ' 2575.502 Seed, Mixture Pound 2575.505 Sodding Type Square Yard ' 2575.511 Mulch Material, Type Ton 2575.519 Disc Anchoring Acre 2575.521 Polypropylene Plastic Netting Square Yard ' 2575.523 2575.531 Wood Fiber Blanket Square Yard Commercial Fertilizer Ton End of Section Gen\speas\standard m 1995 Bonestroo,Rosene, Anderlik&Associates,Inc. 2575-7 I ! .n i9 8)-0 10 Surface treatment shall IA be an aggregate surface finish as per Mn/DOT std. plate 7036D I eD NG 0 _ o m6 °I O. IIII I allow : & ' co� 8 IFace of Curb Lr:: . 4'.Lo"i 4'-0" A--1 I PLAN Round all sloped Top of Curb intersections 1 ' .. 0 I I 4'-0), i- I12'-0" I SECTION B- B IVaries 4'-0" _ Design Street I Grade Bituminous Max 50: 1� Pathway I — Max. ]8"_ / Max 21-2 -1 ;.MIIIII I –6" Concrete —4" Sand Base SECTION A- A Existing B618 curb & gutter I STANDARD DETAILS Last Revision: I © 4 Bonestroo Jan. 1998 ® Rosene PEDESTRIAN CURB RAMP Anderik& 'BRA Plate No. vi Associates NEAL AVE. AND 60TH ST. PATHWAY 4-03A I Engineers & Architects r ■ City Plate No. St. Paul, Minnesota > OAK PARK HEIGHTS , MN . , STR-77 , _�. — — I31._6--07.DWG I I CONDITIONS OF THE CONTRACT INDEX PAGE NO, SECTION 1 DEFINITIONS 1. SECTION 2 BIDDING REQUIREMENTS 5, SECTION 3 AWARD AND EXECUTION OF CONTRACT,PROGRESS AND COMPLETION OF WORK 7. SECTION 4 CONTRACT DOCUMENTS: INTENT AND REUSE 9. SECTION 5 AVAILABILITY OF LANDS;PHYSICAL CONDITIONS; REFERENCE POINTS 11. SECTION 6 INSURANCE AND BONDS,LEGAL RESPONSIBILITY AND SAFETY 13. SECTION 7 ENGINEER-OWNER-CONTRACTOR RELATIONS,ARBITRATION AND INDEMNIFICATION 18. SECTION 8 MATERIALS,EQUIPMENT,INSPECTION AND WORKMANSHIP 25. SECTION 9 MEASUREMENT,PAYMENT AND PROJECT ACCEPTANCE 34. SECTION 10 CHANGES IN THE WORK 40. SECTION 11 CHANGES OF CONTRACT PRICE AND CONTRACT TIME 42. SECTION 12 SUSPENSION OF WORK AND TERMINATION 46. SECTION 13 MISCELLANEOUS 48. • FORM OF AGREEMENT PERFORMANCE BOND LABOR AND PAYMENT BOND • I Cal/SpecslCondtns.gen ©1996 Bonestroo,Rosene, Anderlik&Associates,Inc. I TABLE OF CONTENTS CONDITIONS OF THE CONTRACT SECTION 1 -DEFINITIONS 1.1 ACTS OF GOD 1.2 ADDENDA 1.3 AGREEMENT 1.4 BID SECURITY 1.5 BIDDER 1.6 CONTRACT 1.7 CONTRACT DOCUMENTS 1.8 CONTRACT PRICE 1.9 CONTRACTOR 1.10 CHANGE ORDER 1.11 DAY 1.12 DEFECTIVE 1.13 DRAWINGS 1.14 ENGINEER 1.15 FIELD ORDER I - 1.16 FINAL COMPLETION 1.17 MODIFICATION 1 1.18 NOTICE OF AWARD 1.19 NOTICE TO PROCEED 1.20 OWNER 1.21 PERFORMANCE AND PAYMENT BONDS 1.22 PROJECT 1.23 PROPOSAL 1.24 RESIDENT PROJECT REPRESENTATIVE 1 1.25 SHOP DRAWINGS 1.26 SPECIFICATIONS 1.27 SUBCONTRACTOR 1.28 SUBSTANTIAL COMPLETION 1.29 SURETY 1.30 WRITTEN NOTICE 1.31 WORK General/Specs/Condtns.gen I ©1996 Bonestroo,Rosene, Anderlik&Associates,Inc. - 1 - • I rTABLE OF CONTENTS(CONTDI SECTION 2-BIDDING REOUIREMENTS 2.1 PROPOSAL FORMS 2.2 INTERPRETATION OF QUANTITY ESTIMATES 2.3 EXAMINATION OF PLANS,SPECIFICATIONS AND WORK SITE 2.4 ADDENDA 2.5 PREPARATION OF BID 2.6 RESERVATIONS AND/OR EXCEPTIONS 2.7 BID SECURITY 2.8 DELIVERY OF PROPOSAL 2.9 OPENING OF PROPOSALS 2.10 EVALUATION OF PROPOSALS 2.11 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION SECTION 3-AWARD AND EXECUTION OF CONTRACT.PROGRESS&COMPLETION OF WORK 3.1 AWARD OF CONTRACT 3.2 EXECUTION OF AGREEMENT I - 3.3 FAILURE TO EXECUTE AGREEMENT 3.4 RETURN OF BID SECURITY 3.5 NOTICE TO PROCEED 3.6 CONTRACT TIME 3.7 SCHEDULE OF COMPLETION 3.8 COMPUTATION OF TIME 3.9 LIQUIDATED DAMAGES SECTION 4-CONTRACT DOCUMENTS: INTENT AND REUSE 4.1 INTENT OF CONTRACT DOCUMENTS 4.2 ORDER OF PRECEDENCE 4.3 DISCREPANCIES 4.4 ADDITIONAL INSTRUCTIONS 4.5 DRAWINGS AND SPECIFICATIONS AT JOB SITE 4.6 OWNERSHIP OF DRAWINGS AND SPECIFICATIONS AND REUSE 4.7 DIMENSIONS I General/SpecslCondins.gen ®1996 Bonestroo,Rosette, Anderlik&Associates,Inc. -2- TABLE OF CONTENTS(CONT I)) ISECTION 5-AVAILABILITY OF LANDSLPHYSLCAL CONDITIONS:REFERENCE POINTS 5.1 AVAILABILITY OF LANDS 5.2 PRIVATE PROPERTY 5.3 SURVEYS 5.4 UTILITIES 5.5 INVESTIGATIONS 5.6. UNFORESEEN PHYSICAL CONDITIONS 1 SECTION 6-INSURANCE AND BONDS.LEGAL RESPONSIBILITY AND PUBLIC SAFETY I6.1 INSURANCE 6.2 PERFORMANCE AND OTHER BONDS I I 6.3 PATENTS,FEES AND ROYALTIES 6.4 PERMITS AND LICENSES 6.5 LAWS,REGULATIONS AND SAFETY 6.6 WARNING SIGNS AND BARRICADES ISECTION 7-ENGINEER-OWNER-CONTRACTOR RELATIONS.ARBITRATION&INDEMNIFICATION 7.1 ENGINEER'S STATUS AND AUTHORITY I7.2 CONTRACTOR'S RESPONSIBILITIES 7.3 OWNER'S RESPONSIBILITIES i 7.4 ASSIGNMENT OF CONTRACT ■ 7.5 RIGHTS OF VARIOUS INTERESTS 7.6 SEPARATE CONTRACTS 7.7 SUBCONTRACTS 7.8 ORAL AGREEMENTS 7.9 NON-DISCRIMINATION IN EMPLOYMENT 7.10 DECISIONS ON DISAGREEMENTS 7.11 ARBI'T'RATION 7.12 INDEMNIFICATION I I General/Specs/Condtns.gen ©1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -3- I 1 1 1 1 1 1 1 •7 I I I 1 I 1 1 1 1 TABLE OF CONTENTS(CONT D) 1 SECTION 8-MATERIALS.EOUIPMENT.INSPECTION AND WORKMANSHIP 1 8.1 MATERIALS AND EQUIPMENT FURNISHED BY CONTRACTOR 8.2 EQUIVALENT MATERIALS AND EQUIPMENT 8.3 MATERIALS FURNISHED BY OWNER 8.4 STORAGE OF MATERIALS 8.5 SAMPLES 8.6 FURNISHING OF PRODUCT DATA 8.7 QUALITY OF EQUIPMENT AND MATERIALS 1 8.8 SHOP DRAWINGS 8.9 ACCESS TO AND OBSERVATION OF WORK 1 8.10 TESTS AND INSPECTIONS 8.11 UNCOVERING THE WORK 8.12 .CUTTING AND PATCHING 8.13 WARRANTY AND GUARANTEE I 8.14 CORRECTION PERIOD 8.15 CORRECTION OR REMOVAL OF DEFECTIVE WORK 8.16 ACCEPTANCE OF DEFECTIVE WORK 1 8.17 OWNER MAY STOP WORK 8.18 OWNER MAY CORRECT DEFECTIVE WORK 1 I 1 General/Specs/Condtns.gen I ®1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -4- I 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS(CONTD) SECTION 9-MEASUREMENT.PAYMENT AND PROJECT ACCEPTANCE 9.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT . 9.2 REQUEST FOR PAYMENT 1 9.3 ENGINEER'S ACTION ON A REQUEST FOR PAYMENT 9.4 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT 1 9.5 OWNER'S RIGHT TO WITHHOLD PAYMENT 9.6 CONTRACTOR'S WARRANTY OF TITLE 9.7 SUBSTANTIAL COMPLETION 9.8 PARTIAL UTILIZATION 9.9 FINAL INSPECTION 9.10 FINAL APPLICATION FOR PAYMENT 9.11 FINAL PAYMENT AND ACCEPTANCE 1 9.12 CONTRACTOR'S CONTINUING OBLIGATION 9.13 WAIVER OF CLAIMS SECTION 10-CHANGES IN THE WORK I 10.1 CHANGE ORDERS 10.2 FIELD ORDERS 1 - 10.3 UNAUTHORIZED WORK 10.4 ENGINEER RECOMMENDATIONS 10.5 NOTICE OF CHANGE TO SURETY 1 10.6 CLAIMS FOR ADDITIONAL COSTS 10.7 WORK DURING AN EMERGENCY SECTION 11 -CHANGE OF CONTRACT PRICE AND CONTRACT TIME 11.1 CONTRACT PRICE 11.2 CHANGE IN CONTRACT PRICE 11.3 BASIS OF CHANGE 1 11.4 CHANGE OF CONTRACT TIME General/S Condtns. 1� en 8 ®1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -5- 1 TABLE OF CONTENTS(CONTD) SECTION 12-SUSPENSION OF WORK AND TERMINATION I 12.1 OWNER MAY SUSPEND WORK 12.2 OWNER MAY TERMINATE 12.3 CONVENIENCE TERMINATION BY THE OWNER 12.4 CONTRACTOR MAY STOP WORK OR TERMINATE ISECTION 13-MISCELLANEOUS . 13.1 LIMITATION OF LIABILITY 13.2 REMEDIES 13.3 PUBLIC CONVENIENCE 13.4 CROSSING UTILITIES,ETC. 13.5 SANITARY PROVISIONS 13.6 PRESERVATION OF HISTORICAL OBJECTS 1 13.7 USE OF PREMISES FORM OF AGREEMENT PERFORMANCE BOND LABOR AND MATERIAL PAYMENT BOND 1 • • I 1 1 1 General/Specs/Condtns.gen ®1996 Bonestroo,Rosette, Anderlik&Associates,Inc. -6- I 1 CONDITIONS OF THE CONTRACT S CTION 1 DEFINITIONS t 1.1 ACTS OF GOD An Act of God is an unusual, extraordinary and sudden manifestation of the forces of nature, uncontrolled and uninfluenced by the power of man and without human intervention,that could not under normal circumstances have been anticipated or expected. Ordinary weather conditions of normal intensity for the locality shall not be considered as an Act of God. 1.2 ADDENDA Written or graphic instruments issued prior to the opening of Bids which clarify,correct or change the bidding documents or the Contract Documents. 1.3 AGREEMENT and Contractor covering the The Agreement is the written document executed by the Owner an S performance of the Work described in the Contract Documents. 1.4 BID SECURITY The Bid Security, where required by the Advertisement or Information to Bidders, is a cashier's or certified check,cash or Bid Bond accompanying the Proposal submitted by the bidder,pledging that. the bidder will enter into an Agreement with the Owner for the carrying out of the Work, should the contract for the Work be awarded to him. 1.5 BIDDER A Bidder is an individual or other entity submitting a Proposal for the advertised Work. 1.6 CONTRACT IIThe Contract Documents form the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or s agreements,either written or oral. I GenerallSpecs/Condtns.gen ©1996 Bonestroo,Rosene, Anderlik&Associates,Inc. - 1 - 1 13 CONTRACT DOCUMENTS The Contract Documents consist of the following, including all Addenda issued prior to the opening of bids,Field Orders,Change Orders or other Modifications issued after execution of the Agreement: (a) Drawings. (b) Specifications: (1) Bid Documents (Advertisement, Addenda, Information to Bidders, Proposal and Bid Security); (2) Special Provisions; I (3) General and Specific Requirements; (4) Conditions of the Contract(General and other conditions); (5) Performance Bond and Labor and Material Payment Bond; (6) Form of Agreement; (7) Detail Plates and other drawings attached to specifications; 1.8 CONTRACT PRICE The moneys payable by Owner to Contractor under the Contract Documents as stated in the Agreement. t 1.9 CONTRACTOR • The Contractor is the person or entity or authorized representative thereof named in the Contract ontract ' 1.10 C ANGE ORDER A written order to Contractor signed by Owner authorizing an addition, deletion or revision in the Work,or an adjustment in the Contract Price or the Contract Time issued after the effective d the Agreement. date of 1.11 DAY A calendar day of twenty-four hours measured from midnight to the next midnight. General/Specs/Condtns.gen 0 19%Bonestroo,Rosene, Anderlik&Associates,Inc. 2 1 i 1.12 DEFECTIVE Refers to Work that is unsatisfactory,damaged,faulty or deficient,does not conform to the Contract M Documents or does not meet the requirements of any inspection,test or approval referred to in the Contract Documents. 1.13 DRAWINGS The Drawings are all plans,drawings (including revisions thereto)or reproductions thereof issued by the Engineer pertaining to the Work provided for in the Contract Documents. 1.14 ENGINEER The Engineer is the person or entity or authorized representative thereof named in the Contract Documents. 1.15 FIELD ORDER, A written order issued b y Engineer ineer which orders minor changes in the Work in accordance with IParagraph 10.2, but which does not involve a change in the Contract Price or the Contract Time. 1.16 FINAL COMPLETION The Work,including any punch list items,has been completed in all respects in accordance with the Contract Documents. I1.17 MODIFICATION (a)A written amendment of the Contract Documents signed by both parties, (b) a Change Order,or (c) a Field Order. 1.18 NOTICE OF AWARD The written notice by Owner to the apparent successful Bidder stating that upon compliance by the ' apparent successful Bidder with the conditions precedent enumerated therein, within the time specified,Owner will sign and deliver the Agreement. 1.19 NOTICE TO PROCEED IA written notice given by Owner to Contractor(with a copy to Engineer)fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform his obligation under the Contract Documents. 1 GeneraUSpecs/Condtns.g en 0 1996 Bonestroo.Rosette, -3 Anderlik&Associates,Inc. 1 1.20 OWNER The Owner is the person or entity or authorized representative thereof named in the Contract Documents. 1.21 PERFORMANCE PAYMENT Rn� The Performance and Payment Bonds are the approved form of security furnished by the Contractor and a Surety prior to the execution of the Agreement as a pledge of good faith on the part of the Contractor and the Surety in the event of the Contractor's default, covering the Contractor's faithful performance under the Contract Documents and the payment of all obligations arising thereunder. 1.22 PROJECT The total construction of which the Work to be provided under the Contract Documents may be the , whole, or a part as indicated elsewhere in the Contract Documents. 1.23 PROPOSAL 1 The Proposal is the offer of a bidder to perform the Work described in the Bid Documents when made out and submitted on the prescribed Proposal form,properly signed and secured. 1.24 RESIDENT PROJECT REPRESENTATIVE The authorized representative of the Engineer who is assigned to the site or any part thereof. 1.25 SHOP DRAWINGS All drawings, diagrams,illustrations, schedules and other data which are specifically prepared by Contractor, a Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a manufacturer, fabricator, supplier or distributor and submitted by Contractor to illustrate material or equipment for some portion of the Work. 1.26 SPECIFICATIONS That portion of the Contract Document generally bound in booklet form and consisting of the , documents identified in Paragraph 1.7 (b)of the Conditions of the Contract. g 1.27` SUBCONTRACTOR The Subcontractor is the person or other entity having a direct contract with the Contractor and acts for or on behalf of the Contractor in executing any part of the Contract, but does not include any Contractor or his Subcontractor or any material suppliers. Y General/Specs/Condtns.gen 1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -4 1.28 SUBSTANTIAL COMPLETION. The Work(or a specified part thereof)has progressed to the point where,in the opinion of Engineer as evidenced by his certificate of Substantial Completion, it is sufficiently complete,in accordance with the Contract Documents, so that the.Work(or specified part)can be utilized for the purposes for which it was intended; or if there be no such certificate issued, when final payment is due in ' accordance with Paragraph 9.10 and 9.11. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. 1.29 SURELY A Surety is the person or other entity executing the Contractor's Bid, Performance and Payment Bonds. 1.30 WRITTEN NOTICE Written Notice shall be deemed to have been served if delivered in person or sent by registered or certified mail to the individual or other entity or to the last known business address of such individual or entity. It shall be the duty of each party to advise the other parties to the Agreement III as to any change in the business address until completion and acceptance of the Work. 1.31 WORK lThe entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services,furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. SECTION 2, 1 BUDDING REQUIREMENTS 2.1 PROPOSAL FORMS The Owner will furnish Proposal Forms to any qualified Bidder upon request. 2.2 INTERPRETATION OF QUANTITY ESTIMATES The schedule quantities as listed in the Proposal are to be considered approximate only and may be Iincreased, decreased or omitted as necessary to complete the Work as described in the Contract Documents. 1 General/specs/Condtns.gen 9 1996 Bonestroo,Rosene, -5_ Anderlik&Associates,Inc. 1 2.3 EXAMINATION OF PLANS.SPECIFICATIONS AND WORK SITE Each Bidder is required to examine carefully the site of the Work,the Proposal Forms,Specifications and Plans. Submission of a Proposal constitutes a representation by the Bidder that he has made examination, has familiarized himself with the conditions to be encountered,the character, quality and quantity of work to be performed and material to be furnished and has correlated his observations with the requirements of these Contract Documents. 2.4 ADDENDA Any Addenda issued prior to the time of receipt of Proposals shall be included in the Proposal and shall be made part of the Contract Documents. Receipt of each Addendum shall be acknowledged by the Bidder in his Proposal. 2.5 PREPARATION OF BID , The bidder shall submit his Proposal on the Proposal Form provided by the Owner. All blank spaces in the Proposal must be filled in clearly and correctly in ink or typewritten. Any interlineation, alteration or erasure must be initialed by the signer of the Proposal. The Proposal shall be signed in ink by the individual or authorized representative making the Proposal. 2.6 RESERVATI , ONS AND/OR EXCEPTIONS Reservations or exceptions shall be clearly stated in writing and attached g ed to the Proposal. They will be deemed to be a part of and incorporated into the Proposal. Bidders are advised that if such reservations or exceptions constitute a substantial deviation from the advertised terms and conditions,their Proposals may be rendered non-responsive. The Bidder shall make no additional stipulations on the Proposal nor qualify it in any other manner. 2.7 BID SECURITY If so stipulated in the Advertisement for Bids, or Information to Bidders, each Proposal shall be accompanied by a Bid Security in the required form and amount pledging that the Bidder will enter into a Contract with the Owner on the terms stated in his Proposal and will,if required,furnish bonds as described hereunder in Section 6 covering the faithful performance of the Contract and the payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds, if required, the amount of the Bid Security shall be forfeited to the Owner as liquidated damages, not as a penalty. The Owner will have the right to retain the Bid Security of Bidders until either(a) the Agreement has been executed and bonds, if required, have been furnished by the Contractor to whom an award has been made or(b) the specified time has elapsed so that unaccepted Proposals may be withdrawn, or(c) all Proposals have been rejected. 1 1 General/Specs/Condtns.gen ®1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -6- I I2.8 DELIVERY OF PROPOSAL IEach Proposal shall be placed in an opaque envelope and securely sealed. The envelope shall be so marked as to indicate the name and address of the Bidder, the type of work and the Project Designation. If mailed,the sealed envelope shall be enclosed in a separate mailing envelope with I the notation "PROPOSAL ENCLOSED" on the face thereof. All Proposals shall be in the office of the designated recipient before the time set for bid opening. 2.9 OPENING OF PROPOSALS Proposals will be opened publicly and read aloud at the time, date and place designated in the IAdvertisement. I2.10 EVALUATION OF PROPOSALS, reserves the right to reject any Proposal if it shows any omissions, alterations, I The Owner r g � y p Y irregularities, is submitted subsequent to the time established in the Advertisement for Bids for receipt of bids,or is unaccompanied by any required Bid Security. The Bidder further acknowledges the right of the Owner to reject all Proposals and readvertise with the same or different Bid Documents. In any event, the Owner reserves the right to waive any informalities,irregularities or • minor deviations in the Proposal. On unit price Proposals,comparison of Proposals will be made on the basis of the stated unit prices and unit prices will control in the event of a discrepancy between the unit price and the extension or summation thereof. On fixed or lump sum price Proposals,comparison of Proposals will be made on the basis of the lowest price that is responsive _ to the Advertisement. I2.11 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION By submission of a Proposal,each Bidder certifies that: (a) The prices in the Proposal have been arrived at independently,with Iout 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; I (b) The prices in the Proposal have not been or will not be knowingly disclosed to any other bidder or competitor prior to the Owner's opening of the Proposals; I (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 Proposal for the purpose of restricting competition. I I GeneraiSpecs/Condtns.gen ®1996 Bonestroo,Rosene, IAnderlik&Associates,Inc. -7 1 SECTION 3 , AWARD AND EXECUTION OF CONTRACT. PROGRESS & COMPLETION OF WORK , 3.1 AWARD OF CONTRACT When the lowest responsive Proposal of the lowest responsible bidder is accepted and within the 1 time limit established in the Advertisement for Bids, the Owner will send him the necessary Contract Documents and a Notice that the contract has been awarded to him, subject to the furnishing of a Performance and Payment Bond, where required. 3.2 EXECUTION OF AGREEMENT ! The lowest responsible bidder shall,within 15 days after receiving the Notice of Award and Contract Documents, sign the Agreement contained in the Contract Documents and return the signed Agreement and such Bonds and Insurance forms as the successful Bidder may be required to furnish to the Owner. 3.3 FAILURE TO EXECUTE AGREEMENT Upon the failure of the lowest responsible bidder to furnish an acceptable Bond, where required,or I P P P q , to execute the Agreement within the time above specified, the Owner may have the option to annul . • the award and retain the Bid Security accompanying the Bid as liquidated damages and not as a penalty. This shall not be the sole remedy of the Owner but upon default by the Bidder the Owner may adopt any legal remedy which it may see fit to adopt. 3.4 RETURN OF BID SECURITY All Bid Securities,except that of the lowest responsible bidder,will be returned within 45 days after the date of the opening of Proposals unless stated otherwise in the Special Provisions. The Bid Security of the lowest responsible bidder will be returned upon receipt of the properly executed Agreement and Bond. 3.5 NOTICE TO PROCEED 1 The date of commencement of the Work is the date set forth in the Notice to Proceed. Thereupon, the Contractor shall begin and shall prosecute the Work regularly and without interruption,unless otherwise directed in writing by the Owner, with such manpower and equipment as is necessary to complete the Work within the time stated in the Contract Documents. ■ I Generai/Specs/Condtns.gen ©1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -8- 1 3.6 CONTRACT TIME The Contractor shall complete, in an acceptable manner, all of the Work contracted for in the time stated in the Contract Documents, subject only to extension for unforeseeable delays above and beyond the control of the Contractor and his Subcontractors and without their fault or negligence. Written notice of the Contractor's claim for such extension shall be given within ten(10) days of the occurrence of the event giving rise to the claim; otherwise the claim shall be waived. 3.7 SCHEDUL OF COMPLETION The Contractor shall submit,at such time as may reasonably be requested by the Engineer,schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the Work and estimated dates of completion of the several parts. 3.8 COMPUTATION OF TIME When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. 3.9 LIQUIDATED DAMAGES 3.9.1 Time is the essence of the contract. The Contractor thereby agrees that the Owner will be entitled to liquidated damages for failure on the part of the Contractor to complete the Work within the time limits provided for in the Contract Documents. 3.9.2 Should the Contractor fail to complete the project on or before the specified o1n dntemonuidated damages in the amount specified in the Special Provisions shall be deducted any or coming due to the Contractor or shall be paid to the Owner not as a penalty but as liquidated damages for each and every calendar day that the contract shall remain uncompleted after the specified date for Completion. Liquidated damages are specified herein because of the extreme difficulty of ascertaining and establishing the actual damages which the Owner would sustain. SECTION 4 4.1 ki • _• • • . 4.1.1 The Contract Documents comprise the entire Agreement between Owner and Contractor concerning the Work. They may be altered only by a written Change Order. GeneraUSpecs/C ondtns.8e n Co 1996 Bonestroo,Rosen, _9_ Anderlik&Associates,Inc. 4.1.2 The Contract Documents are complementary; what is called for by one is binding as if called for by all. If, during the performance of the Work, the Contractor finds a conflict, ambiguity or discrepancy in the Contract Documents, he shall report it to engineer in writing at once and be ore proceeding with the Work affected thereby; however, Contractor shall not be liable to Owner or Engineer for failure to report any conflict, ambiguity or discrepancy in the Contract Doc uments unless Contractor had actual knowledge thereof or should reasonably have known thereof. 4.1.3 It is the intent of the Specifications and Drawings to describe a complete thereof) to be constructed in accordance with the Contract=Documents. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended 111 result shall be supplied whether or not it is specifically called for When words which have a well- known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with such meaning. Reference to standard specifications,manuals or codes of any technical society, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code in effect at the time of opening of Bids(or,on the effective date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided for in Paragraph 4.4. 4.1.4 The Contract Documents shall be governed by the law of the place of the Project. 4.2 ORDER OF PRECEDENCE • If there be a conflict between or among of the $an y terms or provisions of the Contract Documents, which conflict cannot be reconciled by resorting to the intent of the Contract Documents under Paragraph 4.1, the conflict shall be resolved by applying the following Order of Precedence: (a) Agreement; (b) Conditions of the Contract; (c) Special Provisions; (d) Specific Requirements; (e) General Requirements; (1) Drawings. GeneraYspecs/condtns.gen I ®1996 Bonestroo,Rosene, Anderlik&Associates,Inc. - 10- 1 ' 4.3 DISCREPANCIES Any conflict, ambiguity or discrepancy in the Contract Documents, no matter how seemingly Iinsignificant to the Contractor,shall be brought immediately to the attention of the Engineer for clarification. Any Contractor who fails to bring any conflict, ambiguity or discrepancy to the attention of the Engineer of which it was or should have been aware, shall assume the risk of loss ' arising out of any such conflict, ambiguity,or discrepancy. 1 4.4 ADDITIONAL INSTRUCTIONS Further or additional instructions may be issued by the Engineer during the progress of the Work by the use of Drawings or other means to clarify the intent of the Contract Documents or to explain or illustrate Changes in the Work or Field Orders. 1 4.5 DRAWINGS AND SPECIFICATIONS AT JOB SITE Contractor shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, Shop Drawings and samples at the site,in good order and annotated to show all changes made during the construction process. These shall be available to Engineer for examination and shall be delivered to Engineer for Owner upon completion of the Work. 4.6 OWNERSHIP O F DRAWINGS AND SPECIFICATION AND REUSE . All original Drawings and Specifications and other data furnished by the Engineer are and shall remain his property. Copies thereof will be furnished to Owner and are to be used only with respect to this Project and are not to be used on any other project or extensions of this Project without the prior written consent of Engineer. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project are not to be construed as publication in derogation of the Engineer's common law copyright or other reserved rights. 4.7 DIMENSIONS Figured dimensions on the plans will be used in preference to scaling the Drawings. Any conflicts, ambiguity, or discrepancy, shall be immediately brought to the attention of the Engineer before proceeding with the affected Work. Contractor shall assume the risk of loss for failure to bring to the attention of the Engineer such conflict, ambiguity,or discrepancy. 1 1 GeneravSpecs/Condtns.gen ®1996 Bonestroo,Rosene, - 11 - Anderlik&Associates,Inc. I SECTION 5 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS 5.1 AVAILABILITY OF LANDS 5.1.1 Owner shall furnish, I as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way for access thereto, and such other lands which are designated for the use of Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract Documents. I 5.1.2 Contractor shall, at his expense,provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Contractor shall confine his machinery and equipment,storage of materials and operation of workmen to those areas described in the Contract Documents and such additional areas which he may provide at his expense. 5.2 PRIVATE PROPERTY, The Contractor I r shall not enter upon private property for any purpose without obtaining written permission from the owner thereof,and he shall be responsible for the preservation of all property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. He shall protect carefully from disturbance or damage all monuments and property markers until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed. I 5.3 SURVEYS I Unless otherwise specified,the Owner shall establish all base lines for the location of the principal component parts of the Work together with a suitable number of bench marks adjacent to the Work. Based upon the information provided by the Owner,the Contractor shall develop and make all detail surveys necessary for construction, including batter boards, stakes for pile locations and other working points, lines and elevations. The Contractor shall be responsible for carefully preserving bench marks,reference points and stakes, and, in the case of destruction thereof resulting from his negligence or otherwise, the Contractor shall be charged with the expense and damage resulting therefrom and shall be responsible for any mistakes that may be caused by the unnecessary loss or I disturbance of such bench marks, reference points and stakes. I I General/Specs/Condtns.gen ®1996 Bonestroo,Rosene, Anderlik&Associates,Inc. - 12- ' 5.4 =ITIES The Contractor shall be solely responsible for verifying the exact location of all utilities, whether or not shown on the Drawings or referenced in the Specifications. Prior to the start of any construction, the Contractor shall notify all utility companies having utilities in the Project area. The Contractor shall have sole responsibility for providing temporary support and for protecting and maintaining all existing utilities in the Project area during the entire period of construction, including but not limited to the period of excavation,backfill and compaction. In carrying out this responsibility,the Contractor shall exercise particular care, whenever gas mains or other utility lines are crossed, to provide compacted backfill or other stable support for such lines to prevent any detrimental displacement,rupture or other failure. 5.5 INVESTIGATIONS Reference is made to the Contract Documents for identification of those reports of investigations and tests of subsurface or latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such reports or tests are not guaranteed as to accuracy or completeness and if incorporated into the Contract Documents,they shall be for general information only. Contractor ' shall be responsible for verifying site and subsurface conditions to his satisfaction prior to submitting a bid on the project. 5.6 UNFORESEEN PHYSICAL CONDITIONS Contractor shall immediately notify Owner and Engineer in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. Engineer will promptly review those conditions and advise Owner in writing if further investigation or tests are necessary. Promptly thereafter,Owner shall I obtain the necessary additional investigations and tests and furnish copies to Engineer and Contractor. If Engineer finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents,and which could not reasonably have been anticipated by Contractor, a Change Order shall be issued incorporating the necessary revisions. SECTION 6 INSURANCE.AND BONDS. LEGAL RESPONSIBILITY AND PUBLIC SAFETY I6.1 INSURANCE, 6.1.1 General: The Contractor shall not commence work under this contract until he has obtained all insurance required under this Section and shall have filed the certificate of insurance or the certified copy of the insurance policy with the Owner and Engineer. The Contractor shall not allow I any Subcontractor to commence work on his subcontract until all insurance required for the Subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without thirty(30) days written notice to the Owner and ' Engineer of intent to cancel. Generai/Specs/Condtns.gen A 1996 Bonestroo,Rosene, Anderlik&Associates,Inc. - 13- • 1 of ll submitted Standard C.LC.C.- l2D 25 forms 1 Certificates and shall specifically insurance note the sha clause be providing on for 30 day written Form notice to 701 the or OwneACO r and Engineer of intent to cancel. This clause shall read as follows: "Should any of the above described 1 Y bed policies be cancelled before the expiration date thereof,the issuing company will mail..30;days written notice to the certificate holder named to the left." 6.1.2 Workman's C satlon & I Employer Liability Insurance: The Contractor shall secure and maintain during the life of this Contract, Workman's Compensation and Employer's Liability Insurance as required by law for all his employees to be engaged directly or indirectly in the work on the project under this Contract. In case any work is sublet, the Contractor shall require the Subcontractor to similarly provide Workmen's Compensation and Employer's Liability Insurance for all the latter's employees to be engaged directly or indirectly in such work. The Contractor shall also maintain insurance required under any other Employee Benefit Acts in force or required by law at Ithe site of construction. 6.1.3 Contractor Comprehensive General&Automobile Liability: The Contractor shall procure and maintain during the life of this Contract, Contractor's Comprehensive General and Automobile , Liability Insurance which shall protect him from claims for damages for personal injury,including accidental death,as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any Subcontractor or by anyone directly I or indirectly employed by either of them. The insurance shall be in amounts listed below and shall provide coverage under the following hazards: 1. Operations of Contractor. 1 2. Operations of Subcontractor(Contingent). 3. Products,including completed operations. This insurance is to be carried for a period of is one year after completion or acceptance of the work. 4. Contractual Liability(See Section 6.1.5). 1 5. Property Damage. 6. Broad Form Property Damage. 7. All Owned,Non-Owned and Hired Vehicles. I Minimum Limits -General Liability 1. Bodily injury 5 J rY $ 00,000•00 each occurrence $500,000.00 completed operations I General/Specs/Condtns.gen i 0 1996 Bonestroo,Rosette, Anderlik&Associates,Inc. - 14- 1 I 1 2. Property damage $100,000.00 each occurrence $200,000.00 aggregate IMinimum Limits - Automobile Liability I 1. Bodily injury $250,000.00 each person $500,000.00 each occurrence I2. Property damage $100,000.00 each occurrence $200,000.00 aggregate IIt is required that basic exclusions for damage caused by explosion, collapse and damage to underground facilities,commonly known as X, C,U exclusions,be removed from the policies and so indicated as covered in the declaration and on certificates of insurance. This provision of the Conditions of the Contract will be waived on above ground projects where hazards of explosion and/or collapse do not exist. The exclusion of explosion will be allowed on underground projects where blasting is not required. In addition to all of the listed coverages, the Contractor shall procure and maintain an Umbrella I Excess Liability Policy in a minimum limit of$1,000,000.00. Any Umbrella Excess Liability policy in excess of$1,000,000 may be utilized to meet the above listed basic coverages. ' 6.1.4 Builder's Risk Insurance: Before commencement of the Work,the Contractor shall provide` Builder's Risk Insurance on a multiple peril form in the full amount of the total construction and material contract. Such insurance shall contain an appropriate rider to include as Additional Named • Insureds, the Owner, the Engineer and his consultants, and each of their officers, employees and agents, all Subcontractors, the equipment Contractors and all of their Subcontractors on the construction premises. Such insurance may have a deductible clause but the deductible amount shall Ibe borne by the Contractor and shall not exceed $1,000.00. I The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and building only. The requirements of this section shall be waived on projects involving only underground utilities, grading, street improvements and similar construction work, but any I damage or loss to property shall be the sole responsibility of the Contractor until final acceptance of the Work. I If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to substantial. completion thereof, such occupancy shall not commence prior to a time mutually agreed to by the Owner and Contractor and to which the insurance company or companies providing the property I insurance have consented by endorsement to the policy or policies. This insurance shall not be cancelled or lapsed on account of such partial occupancy. Consent of the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 1 I Getterai/Specs/Condtns.gen ©1996 Bonestroo,Rosette, IIIAnderlik&Associates,Inc. - 15- The Owner and Contractor waive all rights against each other and the Subcontractors and their g agents and employees and against the Engineer and separate Contractors (if any) and their Subcontractors' agents and employees,for damages caused by fire or other perils to the extent covered by insurance I provided under this section or any other property insurance applicable to the work. 6.1.5 Contractural Liability Insurance: To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims,damages,losses and expenses,including but not limited to attorneys' fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or 1 expense(1)is attributable to bodily injury, sickness,disease or death,or to injury to or destruction of tangible property(other than the Work itself)including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor,anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of I them or anyone for whose acts any of them may be liable,the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or I workmen's compensation acts, disability benefit acts or other employee benefit acts. • 6.1.6 Minimum Insurance Requirements: Losses other than those covered by insurance shall be the sole responsibility of the Contractors. The insurance requirements as set forth herein shall be considered to be minimum requirements only. Any other insurance that may be necessary to provide adequate coverage must be provided by the Contractors and shall be their sole responsibility. ' 6.1.7 Boiler Insurance: If a permanent boiler is to be installed as part of the project,the Owner will be responsible for maintaining all boiler and machinery coverage. This coverage will be placed in effect when the equipment is ready for inspection and operation. This coverage shall include the interests of the Owner,the Contractor, Subcontractors and Sub-Subcontractors. I 6.2 PERFORMANCE AND OTHER BONDS 6.2.1 Contractor shall furnish Performance and Payment Bonds, each in an amount at least equal 1 to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date of final payment,except as otherwise provided by law. Contractor shall also furnish such other Bonds as are required by the Contract Documents. All Bonds shall be in the forms prescribed by the Contract Documents and be executed by such Sureties as (A) are licensed to conduct business in the state where the Project is located, and (B) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts,U.S.Treasury Department.All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. General/specs/Condtns.gen ®1996 Bonestroo,Rosene, Anderlik&Associates,Inc. 16- I Contractor is declared bankrupt or becomes insolvent I or its If the Surety on any Bond furnished by state where any part of the Project is located or it of clauses(A) and(B)of Paragraph 6.2.1,Contractor shall within or iss right meet the business re requirements is is of clauses in any which 6.2.1,Contractor be ntractor shall Ownin ceases days meet a ft reubiritute a five days thereafter substitute another Bond and Surety,both of 6.3 'k t_ 2__ 1...! te _ I fees and royalties and assume all costs incident to t the the subject the r shall-pay all license f product or device Contractor P process,p process,product or of patent t rig rights the Work hts held by otherseIf a particular invention,design,p of patens sights er in the Documents for use in the performance of the Work and if to the rights or copyrights calling for device is knowledge in Owner ner or Engineer ineer its use is subject to patent rig actual knowledge of Owner or Eng rights shall be disclosed by the existence of such righ the payment of any license fee or royalty to others, ess all claims, P Contractor shall indemnify and hold harmless Owner and Owner in the Contract Documents to employed byl either of them from and g inst a of patent Engineer and anyone directly or indirectly emp y and expenses (including attorneys' fees) arising f he Workinf�regeme of patent the or damages,losses g P to the use in the performance specified in the rights r copyrights incident g process,product or device not spec en the incorporation in the Work of any invention,design,p alleged infringement Contract Documents,and shall defend all such claims in connection with any g of such rights. 6.4 ' t. y _OD the Contractor ss for the prosecution of the Work shall be ssecured by utility charges, All permits and licenses peen arY riot to the commencement of the Work. Contractor shall also p y prior charg es and inspection fees. •N__ k_ • �_�- _ 6.5 _A _ lotions l with all laws,ordinances,rules and a variance regulations 6.5.1 Contractor shall give all tra notices and comply Drawings are at shall e ork. If Contractor observes that the Spe ofi and any necessary aperiwith,h the W pe Work ive Engineer prompt written notice there , therewith,he shall give e Change Order or other Modification. If Contractor performs rules and adjusted by an appropriate to such laws, ordinances, knowing or being in a position to know it to be contrary it shall not and without such notice to Engineer,he shall bear all costs iarit arising therefrom; Drawings are in shall not be his primary responsibility to make�a regulations.rt� S�1 it sh accordance with such laws,ordinances,rules and supervising all safety maintaining cautions for precautions Contractor andtpr shall in be responsible neci h theiWok. He shall take alnecessary p loss to: precautions and programs in con protection to prevent damage, the safety of,and shall provide the necessary p (a) All employees on the Work and other persons who may be affected thereby; IIGeneral/Specs/Condtns.gen -17- ®1996 Bonestroo,Rosene, Anderlik&Associates,Inc. (b) All the Work and all materials ore ui rn storage on or off the site; and 9 P ent to be inco rporated therein, whether in (c) Other property at the site or adjacent the pavements, roadways, structures thereto, including trees, shrubs, lawns, w Y , tructures and utilities not designated walks, replacement in the course of construction. grated for removal, relocation or 6.5.3 Contractor shall comply with all a any public body having applicable laws, ordinances, rules,regulations any pub in b g jurisdiction for the safety of persons or ' o prof and orders of injury or loss. He shall erect and maintain, as required property o or to protect them progress the Work,all necessary safeguards for its safety 9 by the conditions and I utilities when prosecution of the Work may ty and protection. of adjacent of He shall notify owners of adjacent referred to in Section 6.5.2 b Y affect them. All damage, injury Contractor, any ( ) and (c) caused, directly or indirectly,J ry or loss to any property y Subcontractor or any directly or indirectly employed by in Whole or in part b whose acts any of them may be liable, shall be remedied by by Y any of them or duties for responsibilities for the safety and protection of the Work shall c y Cco tinue Contractor's utime d as al and Work is completed and Engineer has issued a notice to continue until such time as all acceptable. ° Owner and Contractor that W the Work is 6.5.4 Contractor shall designate a responsible member of I shall be the prevention of accidents. This his organization at the site otherwise designated in writin b Person shall be Contractor's superintende whose duty' g y Contractor to Owner, superintendent unless 6.5.5 Contractor agrees to indemnify the Owner against all claims, demands,losses,damages er and Engineer and their agents against resulting all from the demands, amages and expenses (including attorneys' and employees or OSHA) or Contractor's violation of any safety law, Y fees arising out of any other prudent precaution. Y ' regulation or code (including.without 6.6 I. :AM The Contractor shall provide adequate signs, barricades, all necessary precautions for the protection of the Work andotihe safety lights and/or watchmen and obstructions shall be protected at night by colored signal the safety of the public. and take from sunset to sunrise. p All operation final lights which shall be kept in operation s CTE2N,1 t -• •/,1 :- •AM_y: A , • t t 4 • • 7.1 lid '' _- it : J.• . fit_ y • `i, 7.1.1 Engmr will be Owner's representative I responsibilities and the limitations of authority of Engineer •^ during the construction peepre nta duties and construction area set forth in the Contract Documents g err as Owner's representative thout during consent of Owner and Engineer. °currents and shall not be extended without written 1� BPecs/Condtns.gen °nestroo,Rosene, Anderlik&Associates,Inc. I G - 18- ro riate to the various stages of ted Work and to determine, in aeeerof make visits to the site at intervals app P not required to 1 s Engineer will m quality of the ineer is n and q Work On construction to observe the progress eCk the quality or quantity of the W En in in accordance with the Contract ct Documents. ed of the progress if the Work is proceed g inspections Owner inform Engineer will keep the basis exhaustive vi continuous l a observations,Engine defects and deficiencies in the Work. basis or such visits to and Owner against assist the will endeavor t guard II of the Work and representative to r agree,Engineer will furnish a resident project repr representative eto work Owner and Enginee The Resident Project 7.1.3 If performance of the Work. duties and responsibilities of theas Rec f rth under the in observing tho r ty a the direction of the Engineer. The responsibilities of the Engineer under a the authority an shall not exceed those duties and delegate to the Resident Project Representative Engineer to deleg Engineer to Resident Pro' In Project Rep the discretion of the Eng of the Eng limited to, It duties toth in the Contract. Representative may consist of,but shall not be those duties and tasks that are the authority Representative th Project Rep general, the duties of the Resident the following: 1. General contract administration. 2. Periodic observation of the work. it rice quantity and record plan measurements. 3. Un p le erform and verify tests and inspections. 4. Schedu ,P ro ess performance. disputes and 5• Monitor Contractor's p gr decision concerning information for the Engineer's review and 6. Provide relations defective work. determine promptness such written clarifications or ante romp as Engineer may 4 Engineer will issue with reasonable of Drawings or otherwise) the overall intent of-the necessary, Documents n the form inferable from intent e recall n justifies of the Contract consistent with or reasonably therefor as p , which shall C believes that a written clarification o claim necessary If Contractor Contractor may Contract Documents• increase in the Contract Pri ce ce or Contract Time, act Work which is defective, and will also in Section 10 or Section 11• provided in paragraph g•10, to disapprove or rel inspection or testing of the Work as P 7.1.5 Engineer will have authority airs leted. The Engineer shall not have charge have authority to require special insp installed or c P to stop the Work. of or c or o not over W Work is rk fabricated, nd shall have no authority of or control over the I GeneraUSpe CondMs.Sen - 19 01996 Bonestroo,Rosene, 111 Anderlik&Associates, 7.1,6 Neither E Documents nor annglneer's authority decision made by to act under this authority Section 7 or elsewhere shalt give rise to y Engineer in good faith here in any manufacturer,give fabricto any supplier or responsibility either C to exercise or the Contract person pplier or distributor, Engineer to �or not exercise such Contractor, performing any of the Work. any of their agents or employees Y Subcontractor, 7.1.7 If a Resident Project Representative or any other be to provide a is assigned to the greater degree of assurance to the Owner°the project, the requirements of the Contract, that the Purpose of his efforts of the Owner alone. The Resident Work is constructed shall authority Neither his authority Project Representative's efforts t�in conformance Y ner alone. rise to y to act nor his decision to exercise or not for tci benefit suc manufacturer, give fabricator,to any duty or responsibility persoperson supplier or distributor to the Contractor, exercise such performing any of the Work. , or any actor, any employees or n ons on The Resident Project Representatives their n oa em to actor, any Engineer s authorit roject P Yees or any other limitat Reprnsengine y as set forth in the t Doc authority Contractor's Superintendent.undertake Contract Documents nor shall not exceed tatiud any of the responsibilities of Contractor the Resident or 7.1.8 , Subcontractors, or Whenever in the Contract act Documents the to �� or terms of Co rac terms "as ordered",terms or import are used, "as directed" "as, or "satisfactory", , or the adjectives as required", "� requirements, direction,or "sati or ry", or adjectives or i "reasonable" " r uire Jectives of like effect or im suitable , e meets,direction,ictio judgment of Engineer as to the import are used to describe uh the Contract Documents.review or judgment will be solely to evaluate it is intended have authority to uu bets. The use of any y aluate.the that such Y penes. h direct y such term or adjective never indicates compliance h ll contrary o the provisions or Paragraphs of the that Engineer ai'agraphs 7.1.9 or 7. Work or authority to undertake g err shall 7.1.9 1 10, eke responsibility Engineer will not be responsible for Co 7.1.9 procedures a construction, or the responsible ntractor's will not be responsible for.Contractor's failure means, methods, techniques Y precautions and programs incident thereto,�and sequences or Demebts, ure to perform the Work in accordance ngineer dance.with the Contract 7.1.1.0 Engineer will not Subcontractors, or of be responsible for the Persons at the site of otherwise agents or employees of any acts or omissions of therwise Y Contractor or Subcontractor, or of any any of the Work. , or of y 7.2. • alt ; _ ., a any other 7.2,1; The Contractor shall supervise attention thereto and pervise and direct the work com accordance with applying such skills and ex Patently and efficiently,Contract Documents. expertise as may be recess 3',devoting such methods, techniques, The Contractor shall to perform the work methods, shall , quality of workmanship, be solely responsible.for ork e Documents. responsible to see that the finished work complies procedures the means,construction. The mplies accurately with the Contract Generabspecs/Condtns. 1996 Bonest oo fen Rosene, Anderlik&Associates,Inc. _20_ r 7n.ot 10.3 If a decision of the Engineer is made in writing and states that it is final but subject to appeal, no demand for arbitration of a claim,dispute or other matter covered by such decision may be made later than thirty days after the date on which the party making the demand received the decision. The failure to demand arbitration within said thirty days' period will result in the Engineer's decision becoming final and binding upon the Owner and the Contractor. If the Engineer renders a decision supersede after arbitration any proceediarbitration ngs have been proceedings initiatedunless, such the decision decision is maybe acceptable entered to the as parties evidence concerne but will 7.11 ARBTTRAT__IOEI 7.11.1 All claims,disputes and other matters in question 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, or barred by failure to demand arbitration within the time limits specified, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. Pre-arbitration discovery shall be conducted in accordance with Rules 26 through 37 of the Federal Rules of Civil Procedure. No arbitration relating to the Contract Documents shall include by consolidation,joinder or otherwise, any person or entity(including the Engineer),not a party to this Agreement without the written consent of such other person or entity.This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. 7.11.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association,and a copy shall be filed with the Engineer. The demand for arbitration shall be made within the time limits specified and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim,dispute,or other matter in question would be barred by the applicable statute of limitations. 7.11.3 The Contractor shall carry on the Work and maintain the progress schedule during any arbitration or other legal proceedings,unless otherwise agreed by him and the Owner in writing. 7.12 INDEMNIFICATION To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages,losses and expenses,including but not limited to attorneys'fees arising out of or resulting from the performance' of Work provided that any such claim,damage, loss or expense (1) is attributable to bodily injury, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone; directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. General/SpecslCondtns.gen ©1996 Bonestroo,Rosene, -25- Anderlik&Associates,Inc. I In any and all claims against the Owner or the Engineer or any of their agents or employees employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type compensation or benefits payable by or for the Contractor or any Subcontractor u derworker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. SECTION 8 l iI : • 1° Lk 1.1 1 _ '_ • 4 .01■ A e C :A , 1, 8.1 MATERIALS AND EQUIPMENT FURNISBRD BY CONTRACTOR 8.1.1 Contractor shall furnish all materials,equipment,labor,transportation,construction equipment and machinery,tools,appliances,fuel,power,light,heat,telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 8.1.2 All materials used in the Work shall be of good quality,new unless otherwise provided for in the Contract Documents, shall meet the requirements of the Specifications, and shall not be II incorporated into the Work until reviewed by the Engineer. If required by Engineer,Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. 8.1.3 All materials and equipment shall be applied,installed, connected, erected,used,cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier up or distributor,except as otherwise provided in the Contract Documents. 8.2 EOUIVAT Exr MATERIALS Atom EQUIP ENT Whenever materials or equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular manufacturer, fabricator, supplier or distributor, the naming of the item is intended to establish the type,function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers,fabricators,suppliers or distributors may be accepted by Engineer if sufficient information is submitted by Contractor to allow Engineer to determine that the material or equipment proposed is equivalent to that named. The procedure for review by Engineer will be as set forth in paragraphs 8.2.1 and 8.2.2 below as supplemented in the General and Specific Requirements. GeneraVSpecs/Condtns.gen 0 1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -26- I A competent superintendent who is acceptable to the Owner, shall be maintained on the Work site and give efficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor,and all communications given to the superintendent II be as binding as if given to the Contractor. . perintendent shall superintendent to coordinate the work of all the Subcontractors. Whenneiuiired the the Contractor's Ishall be present on the site to perform adequate supervision and coordination. superintendent Contractor shall provide competent, suitably qualified personnel to survey and lay out I perform construction as required by the Contract Documents. Contractor shall at all time Work and good discipline and order at the site. es maintain IThe Contractor shall at all times be responsible for the conduct and disciline of his and/or any Subcontractors. All workmen must have sufficient knowledge,skill and experienceeto s III Cperform properly the work assigned to them. Any foreman and workman employed by the ontractor or Subcontractor who does not perform his work in a skillful Y incompetent or to act in a disorderly or intemperate manner shall be removed immediately and shall lenot be employed again in any portion of the Work. 7.2.2. The Contractor's duties with respect to materials, equipment, inspection and w Iare set forth in Section 8. orkmanship 7.2.3. The Contractor's duties with respect to progress of the work are set forth in Iparagraphs 3.6, 3.7, 3.8 and 3.9. Section 3, 7.2.4. The Contractor'duties with respect to insurance and bonds,legal responsibility and safety forth in Section 6. Y afety are 7.3. QW R'S RESPON$tuTT TTlp4 7.3.1. The Owner shall issue all communications to the Contractor through the Engineer. I7.3.2. The Owner shall furnish the data required of the Owner under the Contract promptly and shall make payments as provided to the Contractor promptly after they are due.Documents 7.3.3. The Owner's duties in respect of providing lands and easements and providing'engineering surveys to establish reference points are set forth in paragraph 5.1 and 5.3. The Owner shall make available to the Contractor copies of reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting performance of the work which have been relied upon by the Engineer in preparing the drawings and specifications. Such reports are not guaranteed W as to accuracy or completeness and are not part of the Contract Documents. 7.3.4. In connection with the Owner's rights to request changes in the work in accordance wi I Section 10, the Owner(especially in certain instances as provided in ara to execute Change Orders. P graph 10.4) is obligated to IGeneral/Specs/Condtns. en C 1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -21 - i I 7.3.5. The Owner's responsibility in respect of certain inspections,tests and approvals is set forth g in paragraph 8.10.2. 7.3.6. In connection with Owner's right to stop work or suspend work, see paragraphs 8.1.7 and 12.1. Paragraph 12.2 deals with the Owner's right to terminate services of the Contractor under certain 1 circumstances. 7.4 4, $ ■ _ IF • I. It 4 111 The Contractor shall neither sublet,sell,transfer, assign or otherwise li os thereunder,of undontract if this portion thereof, or of his right, title or interest therein, or his obligations Contractor is a corporate entity, sublet,or sellw,n transfer co sent of the Ownery In casee written consent is of stock in the corporation,without pri given,the Contractor will be permitted to sublet a portion of the contract or corporate stock thereof, but shall perform,with his own organization,Work amounting to not less than 50 percent of the total original contract price. No subcontracts or transfer of contract or corporate stock shall release the Contractor of his liability under the Contract or Bonds. 7.5 S V I Wherever Work being done by the Owner's forces or by other Contractors is shall u es to blWh k covered by this Contract,the respective rights of the various interests involved by agreement to secure the completion of the various portions of the Work in general harmony. 7.6 SEPA n4ACTS The Owner may let other contracts in connection with the Work of the with regard Contractor.d and of their shall cooperate with other Contractors and to storage of material g Work. It shall be the Contractor's responsibility to inspect whi h will not permit him to commence o� his Work and to report to the Engineer any irregularities I neer complete his work in a,satisfactory manner. His failure to notify l it ted to receive h s Work. shall indicate the work of other Contractors has been satisfactorily com P The Contractor shall not be responsible for defects which aft r the Work is completed.glt reasonable inspection thereof,which develop in the W ork of others shall be the responsibility of the Contractor to measure om as feted work by thersland the Drawings.to the Engineer immediately any difference between completed 1 General/Specs/Condms.gen 1996 Bonestroo,Rosette, -22- Anderlik&Associates,Inc. I I 7.7 Sjacastrimias Nothing herein shall create to any legal relationshi and no Subcontractor shall have an P between the Owner or the Owner. The and Contractor's Subcontractor r shall rights under this Contractor's Engineer and subcontracts shall be subject to the following: y 7.7.1 Unless otherwise specified agreement with lowin the executed Us Contract a pecified in the Contract D of ocuments sub °currents, the Contractor shall, u the for Co Work.Documents,sub main writing to the Owner the names upon receipt rs of the Owner.the Contractor Sub shall not employ be changed aeries st the with (including god except at the request tractors g those who are to furnish P y any Subcontractor or other person n with the organization (i cl a substitute against the principal items of materials or equipment), or th or other person gainst whom Owner or Engineer ganization p rson or or quipnieon. A Subs initially ganization identified in writing to Owner and reasonable objection. the N of Award and not o to in writing A Subcontractor Award Notice i will be deemed and not objected acceptable e Owner and En Engineer by Contractor of person or or g by Owner or Engineer prior to organization by Engineer. Acceptance of prior to the Notice other Engineer to y Owner or Engineer shall not constitute a waiver of reject defective any Subcontractor, other objection to Work. If Owner or Engineer after due investigation right Subcontractor,other any ght of Owner or of Award, Contractor shall submit other person or organization proposed g °n h reasonable Price.Award, Cnt Contractor shall not be required acceptable Subcontractor raat no Contractor after the Notice against whom Contractor has reasonable objection.any Subcontractor, other change in the Contract person or organization 7.7.2 Contractor shall be fully and organizations responsible for all acts and omissions of his Subcontract _ ganizations directly or indirectly employed whose acts gn Y mployed by ors and of any of them may be liable to the same Y them and of persons and organizations aor whose of persons them dimay y employed b Contractor. r he c ame extent that Contractor is responsible create any contractual directly p between n r possiblu for the acts Nothing in the any Subcontractor Documents shall person or organization having direct contract with Contractor, and an the Part of Owner or nn having to ntractor,nor shall it create any bli or other or other of Owner or organization, or to see to the payment any obligation on ganization, except as may P yment of any moneys due any may furnish person o any organ] atj0 or other person y otherwise be required by n Owner or Engineer m amounts to.a to Subcontractor on or account spec or or y law. Owner or Engineer of organization,don, to the extent practicable,evidence Work done. 7.7.3 The divisions and sections of the Specifications control Contractor and the identifications of any performed by any specific trade. among Subcontractors or delineating eaWo Drawings shall Work to be 7.7.4 All Work performed for Contractor by All Work p Contractor and y a Subcontractor will be pursuant to the applicable to the Subcontractor which specifically an appropriate the applicable and contains and conditions of P f for binds the Subcontractor to the Contract Documents for the benefit of Owner Subcontractor a just share of as required by paragraph and under policies issued any insurance graph Contractor for on account ount pay losses pursuant to moneys received by Contractor on account of losses paragraph 6.1.4. I GeneraJ/Specs/Condtns.gen C�1996 Bonestroo,Rosen, Anderlik&Associates,Inc. -23- I I 7.8 any ,to the others shall affect or modify any of the rdify any of the No oral or order,objection,claim ior n any notice by Y act provisions,other tamed in any of the Contract Documents, and of any the P be terms c Documents con and act evidence whatsoever,other t Documents shall be held toe waived fthe1eof in writing, Contract d upon waiver than by a definitely agree of any other waiver or modification. introduced in any proceeding 7.9 i.• _ N.1. • these Contract Documents,the Contractor agrees: For Work under work under this performance of any That in the hiring of common or skilled labor for the pe lof any vendor shall, is Contract person or persons who i criminate against the pe any subcontract hereunder, no Contractor, material supplier Contract or y ent nrelates; by 11 a esqu if ied a creed,color or erfoor he Work to which such employm are qualified and available to Pe discriminate against lier or vendor shall,in any manner, revnrt ersons, or on being hired,p or That o or prevent neaemploy supplier of any person or p intimidate or prevent the employment persons from the performance of the Work under this or person or p or conspire to prevent any p Contract on account of race,creed,color or national origin. the Agreement section shall be cause for cancellation or termination of c) Violation of this sec between Owner and Contracto r. 7.10 • SN S � _ A question between the Contractor and the interpretation Contractor act Contrast 1 Claims,disputes,disagreements,utioor oor titheomatters ork or the interpr he will render in writing 7.10. Owner relating to the execution or progress Engineer for decision which Documents shall be referred initially to the Eng within a reasonable time. been referred to the Engineer, dispute, disagreement or other matter that a final payment,shall be subject excep Any h ch P the making or acceptance However, t which has been waived by upon the written demand of either party• except any a h 7.11 below upo be made until the earlier of demand to bitration under Pnrof P such claim,dispute or other matter may after the tier of e date for arbitration n any decision,or the tenth opportunity to do so, Engineer has rendered his written °r the tenth day the date pron esented which the Eng ce to the Engineer or have been given te. have presented their raider that date. the Engineer has not rendered his written decision by �fth Condots.8en GeneraU5p� Roselle. -24- ®1996 Bonestroo, Anderfl &Associates,Uc• I 8.2.1 Requests for review of substitute items of material and equipment will not be accepted by Engineer ineer from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment Contractor shall make written application to Engineer for acceptance thereof,certifying that the proposed substitute will perform adequately the functions called for by the general design,esi be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the Work will require a change in the Drawings or Specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance,repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other Contractors affected by the resulting substitute change,all of which shall be considered by Engineer inXV nset addtitional dae abo t the proposed`= I may require Contractor to furnish at Contractor's e p substitute. Engineer will be the sole judge of acceptability, and no substitute will be ordered or installed without Engineer's prior written acceptance. Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. 8.2.2. Engineer will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by Contractor and in making changes in the Drawings or Specifications ed thereby. Whether or not Engineer accepts a proposed substitute, Contractor shall I occasion Y evaluating any proposed reimburse Owner for the charges of Engineer and Engineer's consultants for evaluatin an ro substitute. 8.3 MATERIALS FURNISHED BY OWNER 8.3.1 Materials specifically indicated shall be furnished by the Owner. Before incorporating any of the materials into the Work,the Contractor shall inspect the materials so furnished by the Owner. ` If the Contractor discovers any patent defects in material furnished by the Owner,he shall notify the Engineer. I8.3.2 Unless otherwise noted or specifically stated,materials furnished by the Owner are considered to be f.o.b.the nearest railroad station or truck line. The Contractor shall transport the materials to the job site, unload and properly protect all such materials from damage or loss. The Contractor shall be responsible for material loss or damage after receipt of materials at the point of delivery. III8.4 STORAGE OF MATERIALS Materials shall be so stored by the Contractor as to insure the preservation se ation wooden their qua ity and fitness for the Work. When considered necessary,they shall be placed P clean surfaces,and/or they shall be placed under cover and not on the ground. Stored materials shall be located so as to facilitate prompt inspection. Private property shall not be used for storage purposes without the written permission of the Owner or lessee thereof. IGeneraUSpecslCondtns.gen 01996 Bonestroo,Rosene, -27- Anderlik&Associates,Inc. I 8.5 SMELLS, All samples called for in the Specifications or required by the Engineer shall be furnished by the Contractor and shall be submitted to the Engineer for his review. Samples shall be furnished so as not to delay the commencement or completion of the Project. The Contractor shall furnish such samples of material as may be required for examination and testing. All materials and workmanship shall be in accordance with approved samples. All samples of materials for tests shall be taken according to methods provided for in the Specifications. 8.6 FURNISHING OF PRODUCT DATA 1 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material,product or system for some portion of the Work. 8.6.1 The Contractor shall furnish one copy, or such additional copies as may be required by the Special Provisions, of complete Product Data for every manufactured item of equipment and all components to be used in the Work,including specific performance data,material description,rating, capacity,working pressure,material gage or thickness,brand name,catalog number and eneral g type. 8.6.2 This data shall be compiled by the Contractor and reviewed by the Engineer before any of the equipment is ordered. 8.6.3 All data shall be indexed according to specification section and paragraph for easy reference. 8.6.4 After review, this data shall become a part of the Contract, and may not be deviated from except upon written approval of the Engineer. 8.6.5 Product Data for equipment reviewed by the Engineer does not in any case supersede the Contract Documents. The review by the Engineer shall not relieve the Contractor from responsibility for deviations from Drawings or Specifications unless he has in writing called the Engineer's attention to such deviations at the time of furnishing said data. Nor shall such review relieve the Contractor from responsibility for errors of any sort in the items furnished. The Contractor shall check the Work described by the Product Data with the Contract Documents for deviations and it errors. 8.6.6 'It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections,and shall order such sizes and shapes or equipment that the final installation suit the intent and meaning of the Drawings and Specifications. lation 8.6.7 Where equipment requiring different arrangement of connections from those shown is allowed, it shall be the responsibility of the Contractor to install the equipment so as to allow for proper operation and in harmony with the intent of the Drawings and Specifications,and to make all changes in the work required by the different arrangement of connections. General/Specs/Condtns.gen C 1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -28- I 8.6.8 Product Data shall be and approved the data shall determine submitted by the Contractor after he has r and approved provisions if they are in h and rovishe of the Con armonY with the requirements checked II construction criteria, Contract Documents and quirements of the C renal mater materials, catalog after he has verified the duct Data, numbers and similar.data. all field measurements and the Contractor on its and k represented by submitting with all relevant field conditions. Y the data has been Data, been coordinated with the Contact 8.7 • . Eli • • !'vi kll 4. 4.0 8.7.1 In order to establish standards of certain products by quality, the Engineer, in the S from competition name and catalog number, Specifications, petition other products of equal This procedure is not to be construed,has referred to suitable m design other otherwise specifically or better as eliminating su suitable in r pecificall quality by ecifr manufacturers Section r procedure). If a product referenced b stated in the Specifications Y Contractor shall recommend to Owner y catalogue see Se and Engineer gue name or number ron . for g another product of comparable no longer available, 8.7.2 The Contractor shall furnish the complete P�'able quality. executing the Agreement together P e list of proposed g then with such engineering posed desired substitutions g and Product Data as the Engineer to 8.7.3 neer may The Contractor shall abide by the Engineer's recommendation The Ce Contractor ca ui material or etem of a ul Pment are not recommended when rnrrlended for installation proposed substitute material l or item m of el Contractor en in such case. All proposals shall furnish the specified review i posals for substitutions shall be submitted in and not by individual trades or a _ proposed substitutions and make his recommendation in in time, material suppliers. The Engineer n writing within a reasonable 8.8 SOP DRAwaaa 8.8.1 The Contractor shall provide Shop 8.8. be necessary for the prosecution Sh goDrawings,ta settings, schedules DrawiDrawings, Work in the shop and such other drawings as g , Specifications or ngs,ons Specifications at called t Engineer's attention of rnctions. p and in the field es required by the Shop Drawings Deviations from g and other drawings forapproval. he Engineer at the time of the ferstDrawings submis�onand release the Contractor from The Engineer's review of responsibility for such deviations. of any drawings shall not 8.8.2 Shop.Drawings shall be and approved Drawings data shall determine submitted by the rnrine that they Y the Contractor after he has provisions data oa the Contract y are in harmony with the requirements o f the Project checked construction th th pr visions f the Contract rt Documents and the Pro' ii the Contactor certifies that the work after ar data.has verified all field and catalog numbers and similar d g measurements and the Contract r Documents represented by the Shop Y submitting has ng the Shop III and all relevant field conditions. P Drawings has been coordinated Drawings, neral/Specs/Condtns.gen ®1996 Bonestroo,Rosene, Anderrik&Associates,Inc. -29- I submitted according to the following schedule: Shop Drawings shall be sub required by the Special 8.8.3 Sh P ss and in e such may sequence req it as to prevent delay three copies or such other number of copies as may req (a) Not less than with reasonable prompme Provisions shall be submitted s return of the Work. o f any Shop Drawing Engineer shall,within fourteen(14)days of the submittal (b) The Engirt Engineer's comments. one copy to the Contractor marked with g corrections or changes to the Shop romptly make any necessary (c) The Contractor shall then p the Engineer. to conform to the comments made by the Contractor shall promptly Drawings completion of such corrections or ochanges,evised Shop Drawings. (d) - Following required number of cop Engineer the req samples,but Engineer's resubmit to the Eng promptness Shop Drawings and same compliance with concept of the Drawings and and for comp uences, 8.8.4 shall Engineer will review formancSe with the design not extend Project means,for c p ian The review shall information only for conformance Documents and shall no s incident methods,sequences,the iniques or procedures given in the Contras precautions or program in which the item rocedures of construction or to safety p required techniques or p such will not indicate review o neee and s all return the req em review S a separate item as corrections required by E g let for review. Contractor shall s of Shop op Drawings and resubmit new samples for called for Contractor Engineer functions• ies of Shop the correct le shall shall of corrected copies to revisions other than Shop Drawing called for sample shall diveot specific attention in writing submittals. Contractor's stamp of approval on any and similar data m Engineer that Contractor has either determined and verified on st tutous sub inee catalog numbers, all quantities,a representation,di sn ,field Owner and Eng "mansions,field construction criteria,materials, Documents. s di and that Contractor has reviewed or coordinated each all quantrt�e , ibili for doing so, Work and the Contras Shop assumes full responsibility with the requirements of the W Shop Drawing or sample 8.8.5 Where a Shop Drawing required by the Specifications,no related Work shall be or sample is requ commenced until the submittal has been reviewed by Engineer. com samples shall not relieve Contractor from of Shop Drawings or samp r s review Contract Documents unless Contractor mew ha writing van 8.8.6 Engmee deviations from the responsibility for any m ssionennd E by Engineer a relieve ention to such deviation at the tit�1��mission an rift Engineer s ce ecific deviation, nor Drawings• ca written concurrence with the specific Contractor from responsibility for errors or omissions in the Shop• OD •' s testing agencies and 8.9 representatives of Owner, and Engineer's representatives,other rep and safe conditions for access to the Work at reasonable agencies and 8. Engineer jurisdictional interests will have ovide proper an governmental t obse agencies i with j Contractor shall p for their observation,inspection and testing• such access. ceneraUSt Condms.gen -30- C 1996 Bonestroo,Rose. Mdertik&Associates.Inc. I I8.9.2 All materials and equipment and each part or detail of to observation by the Engineer and the Owner, and the Contractor will shall s all times t adherence to the intent of the Contract Documents in regard to quality of Materials, workmanship, for ship, and the diligent execution of the Work. Such o als, workmanshi , It inspection,and any observations may include mill, plant, or shop y material furnished under these Specifications is subject`to such observation. The Engineer and Owner shall be allowed access to all parts of the Work and shall be m II information and assistance by the Contractor as is required to make such obsery bons with such i 8 10 atrons. TESTC ANTI Tul ramc% 8.10.1 Contractor shall give Engineer timely notice of readiness I inspections, tests or approvals. of the Work for all required 8.10.2 If any law, ordinance,rule,regulation,code, or order of any public body requires any Work(or part thereof)to specifically be inspected, tested, or approved,Y having jurisdiction assume full responsibility therefor, pay all costs in connection therewith and furnish oved,Contactor shall required certificates of inspection, testing or approval. sh Engineer the g pproval. Contractor shall also be responsible for and shall pay all costs in connection with any inspection or Engineer's acceptance of a manufacturer, fabricator, supplier ror distributor with Owner's equipment proposed to be incorporated in the Work, or of materials or equipment submitted I utor of materials or approval prior to Contractor's purchase thereof for incorporation in the Work. The cost of all other bmitted for inspections, tests and approvals required by the Contract Documents shall be paid by Owner lees otherwise specified). Y (unless 8.10.3 All inspections, tests or approvals other than those required by l I - aw,code or order of any public body having jurisdiction shall be performed ordinance, rule,by or acceptable to Owner or Engineer. k by organizations 8.10.4 If any Work that is to be inspected,tested or approved is covered without Engineer,it must,if thout written requested by Engineer, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover such Work and Engineer has not acted with reasonable promptness ntractnse to such notice. P p ness in response I8.10.5 Neither observations by Engineer nor inspections, Iapprovals relieve ve Contractor from his obligations to perform the ork in a ordan ewith he C ntract shall Documents. I 1 IGeneral/Specs/Condtns.gen ®1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -31 - I 8.11 T cOy RTNCo WO Work is covered contrary to the written request of Engineer,it must,if requested by Engineer, If any I be uncovered for Engineer's observation and replaced at Contractor's expense. If Engineer considers it necessary or advisable that covered Work be visually examined by Engineer or inspected.lrtes for by others,Contractor, at Engineer's request, shall uncover,expose Portion of the Work in question, observation, inspection or testing as Engineer may require, I furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all the expenses of such uncovering, expo t on for r observation, i pecti non and testing and of satisfactory reconstruction, including comps services,and an appropriate deductive Change Order shall be issued. If,however,such Work is not found to be defective,Contractor shall be allowed an increase iuncovering,cexposure, observation, of the Contract Time, or both, directly attributable to such inspection,testing and reconstruction if he makes a claim therefor as provided herein. 8.12 CI nrny- eN17 PATCHt The Contractor shall do all necessary cutting,fixing or patching of the Work that may be r quded to make its several parts fit together properly,or to properly receive the Work of the or,as re9 uired by the Drawings and Specifications,to completeeth tin Work. He that restore endanger such cut or patched work as approved by the Engineer. Cutting of g the Work, adjacent property,workmen or the public shall not be done. 8.13 . : tt. . 4 i t ,i_OS__ I warrants and guarantees to Owner and Engineer that all Work,including materials tand Contractor wart � equipment,will be in accordance with the Contract oD acto upon be faulty or defective Work, II Prompt notice of all defects shall be given whether or not in place,may be rejected,corrected or accepted as provided in paragraph 8.15 and. and guarantee shall be in addition to and not in limitation of any y other o warranty 8.16. This warranty gu or guarantee required by law or by these Contract Documents,including the pro 8.14. I 8.14 • 4_ . * It may_•�. ' _ '_1 1 If within two years after the date of final acceptance ofd a project aPP scable Owner special guarantee period of time as may be prescribed by law or by the t Y required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective,Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions,either correct such defective Work,or,if it Co been rejected not ws I Owner, remove it from the site and replace it with non-defects comply with the terms of such instructions,or in an emergency ork corrected or the rejected Work promptly Owner may have the defects serious risk of loss or damage, replacement, including removed and replaced,and all direct and indirect costs of such removal and rep paid by Contractng compensation for additional professional services,of Engineer or others,shall be p y Pe Agreement between Owner and Contractor. This obligation shall survive any termination of the Agree GeneraUSpecs/Condms.gen it 01996 Bonestroo,Rosene, -32- Anderlik&Associates,Inc. i I 8.15 • ;R _•A. •1 t UOV; If r by Engineer, Contractor shall promptly, without cost required eqi Engineer, either correct Engineer, Contractor ost to Owner and as specified by Y defective Work, whether or not fabricated, installed or cople ed, or, if the Work has been rejected by Engineer,remove it from the site and replace Work, p e it with non-defective 8.1bACCEETA rm F DEEmanra )K K If,instead of requiring correction or removal and replacement of defective Work, Owner(and,Engineer's recommendation of final payment, also Engineer) so. In such case, if acceptance occurs prior to Engineer's prefers to accept it, Owner 'prior Change Order shall be issued incorporating the necessary P caner may do g recommendation of final payment, a including appropriate reduction in the Contract Price; or, if the acceptance ary revisions in the Contract Documents, recommendation, an appropriate amount shall be paid by Contractor to Owner. P e occurs after sect) 8.17 WE MAY STOP THE cane u If the Work is defective,or Contractor fails to supply sufficient skilled or equipment, Owner may order Contractor to stop the Work,oroanyd workmen portion thereof,or suitable materials for such order has been eliminated; however,this right of Owner to stop the Work any portion thereof,until the cause to any duty on the part of Owner to exercise this right for the benefit of Contractor or all not give rty • any other party. ! 18wW2K OR If Contractor fails within a reasonable time after written notice defective Work or to remove and replace rejected Work as tice of Engineer to proceed to correct the Paragraph 8.15, or if Contractor fails to perform the Work r in accordance in with the accordance with Documents (including any requirements of the progress schedule), with the Contract written notice to Contractor, and Contractor's Surety, correct and remedy any such e), Owner may, after seven days' exercising its rights under this paragraph, Owner shall proceed expeditiously. To Y deficiency. In necessary to complete corrective and remedial action,Owner may exclude Contractor from all or of the site, take possession of all or part of the Work, and sus Y the extent thereto, take possession of Contractor's tools,appliances, construction equipment o n services related the site and incorporate in the Work all materials and machinery at Owner has paid Contractor but which are stored elsewhere. Contractor )low Owne tracto shall allow sOe or Owner Owner's for which representatives, agents and employees such access to the site as may be necessary to enable to exercise its rights under this paragraph. All direct and indirect costs of Owner in exer • • Owner rights shall be charged against Contractor in an amount reviewed by Engineer, such amounts clsla o u untis s shall be deducted from the Contract Price. Such direct and indirect costs shall include, but without limitation,,compensation for additional professional services required and in all costs of repair and replacement of work of others destroyed or damaged by correction,and ell oval r replacement of Contractor's defective Work. Contractor shall not Y removal or Contract Time because of any delay in be allowed an extension of the Owner of Owner's rights hereunder. performance of the Work attributable to the exercise by GeneraVS s/Con P� dtns.gen 1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -33- OD • Z. • 4 y_ 1 9.1 9 4! _ ,_9 • A.K • •Jilt ,_U • ts, the Except in cases where unit prices form the basis for payment n e ur tth meot�submocun enm zed Contractor shall, within ten (10) days of receipt of the Contract breakdown akdown of the Contract Amount having the value,including an allowance Amount fit and objected to overhead, assigned to each part of the Work. Unless the breakdown of the the Owner, it shall be used as the basis for all Requests for Payment. 9.2 REOUESIESR PAYS .I The C ontractor may submit periodically,but not more than once each month,a Request for Payment f or Work done and materials delivered and stored on the site. Payment for materials stored on the site will be conditioned on the following: (a) The Contractor shall submit evidence to establish the Owner's title to such materials. (b) Acceptable provisions have been made for storage. maintain insurance against all loss,theft, vandalism, I (c) The Contractor shall provide and m damage and similar peril for the full value of the stored material. The insurance on the stored g material shall name the Owner as insured. Payment shall be itemized and computed from the Work completed led,the all ite Request Each Request the Detailed ym 11 listed on the Detailed Breakdown of Contract a completed. The Owner shall pay�tocthe Contractor an for Payment shall be based on the qu P not to exceed 95%of the amount earned under the Contract subject b a the Worppr approval d outlined under amount I in Section 9.3 and the provisions of Section n•r4ecommenda on of the Engineer,such portions of the the Contract is 95% or more completed,up tained money shall be released as the Owner determines ar not required to be retained to protect re completion of the Contract. the Owner's interest in satisfactory At the option of the Contractor,retainage shall be paid to the Contractor in accordance with the following: for may deposit bonds or securities with the Owner or in any bbank orh��wner shall to be held i Y to be held in lieu of cash retainage fequal r e oethew�ue of the bonds and securities and pay the reduce the retainage in an amount amount of the reduction to the Contractor. The interest on the bonds a securities in lieu shall retain le am to the Contractor as it accrues.ved by the and ate treasurer including,but not limited to: shall be of a character app Y a. Bills,certificates,notes or bonds of United States; b. Other obligations of the United States or its agencies; 1; GeneraUSpecs/Condtns.gen 0 1996 Bonestroo,Rosen, -34- Anderlik&Associates.Inc. IIIc. Obligations of any corporation wholly owned by the federal government; and ness of the Federal and National Mortgage Association. d. Indebted option described in this from the Contractor by reducing the final payment the Owner incurs additional costs as the result of the exercise of the oP demand, If recover the costs f upon de IL paragraph,the Owner may due under the contract. As work on the contract progresses,the Owner shall,up inform the Contractor of all accrued costs. •N • • • : PA 4 - T 9.3 _� - - Engineer shall submission of any Request for Payment by the Contractor,the Engi Within ten(10)days of sub recommend to Owner: (a) Approval of the Request for Payment as submitted; or, (b) Approval such other amount as Engineer shall consider is oval hf the modie nnin the Contractor in writing of his reasons for recommending app info g amount;or, his Request for Payment, informing the Contractor in writing (c)Withholding of the Req nest. reasons for recommending withholding of the Req I - Within thirty (30) days from the date of recommending-approval of a Request for Payment by the Engineer,the Owner shall: Pa the Request for Payment as recommended by the Engineer. (a) y t in accordance with Section 9.5 as Owner ealllo cidr is due (b) Pay such other amours Engineer in writing o 111 the Contractor,informing the Contractor and the the modified amount. accordance with Section 9.5 informing the Contractor and the (c) Withholding payment in a Engineer in writing of Owner's reasons for withholding payment. g 9.5 • 0-'1 • to protect itself ment in whole or in part to the extent necessary P 9.5.1 The Owner may withhold of the following causes: from loss on account of any (a) Violation of any of the terms of the Contract Documents. work not remedied,or completed work which has been damage (b) Defective ainst the evidence indicating potential filing of claims by other parties ag (c) Reasonable e Contra or Owner. GenerallgpecstCondtns.gen ctor _35- c©1996 Bonestroo,Rosene, Anderlik&Associates.Inc. (d) Failure of the to Contractor make suppliers. payments to Subcontractors, materialmen or (e) Damage to the Owner or any other person. (t) Contractor's unsatisfactory prosecution of the work. 9•S•2 When any of the above shall be made any the grounds for which payment is being withheld, g withheld is removed 9.5.3 Should the Owner fail to pa a ' payment recommendation of approval pay Request for Payment b q yment within 30 days recommendation ion y the Engineer and should he fail to inform them the date d simple Contractor interest ti the of the reasons for withholding Payment, the Owner shall Engineer and for the annual rate equal to the pay index the Contractor an additional one month prior to the month in which the obligation is incurred long per annum. g term curred plus 9.6 • E. _ •V Contractor warrants and Application for warrants that title to all Work,whether incorporated , materials and equipment covered by m any of payment free and clear of all liens,claims,security l a projector not,will Conditions of the Contract referred to as " pass to Owner at the time Liens"), interests and encumbrances (hereafter in these 9.7 A i cnr,r . PF'j'I T 9.7.1 When Contractor considers the entire to Owner and Engineer,considers ire Work certify that the entire Woks substantially use ready for its Engineer issue a proposed. Certificate of Substantial Contractor shall, in Engineer, Owner, proposed and er o shtantlaIly Within complete and teal. Completion. Within a reasonable st time status thereafter, completion.Contractor does not Engineer shall ape make an inspection PeCttan of the Work to determine the notify Contractor in w giving his reasons therefor. Work°rk substantially complete, complete, Engineer in writing i will prepare plate,Engineer will Completion which wil fix the dae and deliver to Engineer the Work substantially b Substantial Owner a proposed Certificate of Proposed Certificate a list fix items("punch Completion. Substantial ( punch list to P There shall be attached. to the 9.7.2 Owner shall have seven ) completed or corrected before final payment. objection Owner shall days after receipt of Engineer as to P the Certificate during provisions of the Certificate or attached list. If, after considering such objections, Engineer concludes that the Work may make written within fourteen aeon days after concludes of the ork is not subs er w ll writing,stating his reasons therefor. If, substantially Owner ner notify Contractor will e proposeo Certificate to Owner notify Contractor rs the Work substantially complete, Engineer cwilll within of Owner's and Contractor a final complete, wrler's objections,Engineer e ad considers ]n tam fourteen(with any revised and list deliver s to be completed or corrected)reflecting such char to of Substantial Completion (with an to b fico aple ed or eraect of an ges from the proposed ti reate as list of items Certificate after consideration Completion.Ens from Owner. time o delivery of as ee At the time of delive believes Certificate Substantial g will deliver to Owner TY of toe proposed Contractor recommendation as division of responsibilities and Contractor to security, pending final a between o'actor a written ty, operation, safety, maintenance,heat, utilities dwner and SPecs/Condtns.gen 0 1996 Bonestroo,Rosene, insurance. Anderlik&Associates,Inc. -36- r • Unless Owner and Contractor agree otherwise in writing and so inform Engineer prior to his issuing the final Certificate of Substantial Completion,Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. Owner shall have the right to exclude Contractor from the Work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the list of items to be completed or corrected. 9.8 PARTIAL UTILIZATION Use by Owner of completed portions of the work may be accomplished prior to Substantial Completion of all the Work subject to the following: 9.8.1 Owner at any time may request Contractor in writing to permit Owner to use any part of the Work which Owner believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If Contractor agrees, Contractor will certify to Owner and Engineer that said part of the Work is substantially complete and request Engineer to issue a proposed Certificate of Substantial Completion for that part of the Work. 9.8.2 Within a reasonable time thereafter Owner,Contractor and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving his reasons therefor. If Engineer considers that part of the Work to be substantially complete, Engineer will execute and deliver to Owner and Contractor a proposed Certificate to that effect, fixing the date of Substantial Completion as to that part of the Work,attaching thereto a list of items to be completed or corrected before final payment. 9.8.3 Prior to issuing a Certificate of Substantial Completion as to part of the Work,Engineer will deliver to Owner and Contractor a written recommendation as to the division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, utilities and insurance for that part of the Work which shall become binding upon Owner and Contractor at the time of issuing the final Certificate of Substantial Completion as to that part of the Work unless Owner and Contractor shall have otherwise agreed in writing and so informed Engineer. Owner shall have the right to exclude Contractor from any part of the Work which Engineer has so certified to be substantially complete, but Owner shall allow Contractor reasonable access to complete or correct items on the list of items to be completed or corrected. 9.8.4 In lieu of the issuance,of a Certificate of Substantial completion as to part of the Work,Owner may take over operation of a facility constituting part of the Work whether or not it is substantially complete if such facility is functionally and separately usable; provided, that prior to any such takeover, Owner and Contractor have agreed as to the division of responsibilities between Owner and Contractor for security, operation, safety, maintenance, correction period, heat, utilities and insurance with respect of such facility. 9.8.5 No occupancy of part of the Work or taking over of operations of a facility will be accomplished prior to compliance with the requirements of Section 6.1.4,Paragraph 3, in respect of property insurance. General/Specs/Condtns.gen ®1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -37- 9.9 FINAL INSPECTION Upon written notice from Contractor that the Work is complete, Engineer tik P g will make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately II take such measures as are necessary to remedy such deficiencies. 9.10 VII 4__ ' . . 4 • • ' 4 DUI_ After Contractor has completed all items to be completed or corrected to the satisfaction of Engineer and delivered all maintenance and operating instructions, schedules,guarantees,bonds, certificates of inspection, marked-up record documents and other documents -- all as required by the Contract Documents,and after Engineer has indicated that the Work is acceptable(subject to the provisions of Section 9.12),Contractor may make Application for Final Payment following the procedure for I progress payments. The Final Application for Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedules as Engineer may reasonably require,together with complete and legally effective releases or waivers (satisfactory to Owner)of ' all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by Owner,Contractor may furnish receipts or releases in full;an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed; a representation that all payrolls,material and equipment bills, and other indebtedness connected with the Work for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and, consent of the Surety, if any, to final payment. If any Subcontractor, manufacturer,fabricator,supplier or distributor fails to furnish a release or receipt in full, Contractor shall furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 9.11 EINALTAymENIANDAmEzahm 9.11.1 If, on the basis of 1 Engineer's observation of the Work during construction and final inspection, and Engineer's review of the Final Application for Payment and accompanying documentation,all as required by the Contract Documents,Engineer is satisfied that the Work has been completed and Contractor has fulfilled all of his obligations under the Contract Documents, Engineer will, within ten days after receipt of the Final Application for Payment, indicate in writing his recommendation of payment and present the application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable subject to all applicable provisions of the Contract Documents. Otherwise,Engineer will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. General/Specs/Condtns.gen C 1996 Bonestroo,Rosen, Anderlik&Associates,Inc. -38- 9.11.2 If the Application and pp accompanying documentation are appropriate as to form and substance, Owner shall, within thirty days after receipt thereof pay Contractor the amount I recommended by Engineer. If, through no fault of Contractor, final completion of the Work is significantly delayed thereof and if Engineer so confirms,Owner shall,upon receipt of Contractor's Final Application for Payment and recommendation of Engineer, and without terminating the III Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. 11, 9.11.3 If any remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required I herein,the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions 11 governing final payment,except that it shall not constitute a waiver of claims. 9.12 CONTRACTOR'S CONTINUING OBLIGATION IContractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by I Engineer, nor the issuance of a Certificate of Substantial Completion, nor any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner,nor any act of acceptance by Owner nor any failure to do so, nor the issuance of - I a notice of acceptability by Engineer pursuant to Sections 9.10 or 9.11, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the Contract - Documents or a release of Contractor's obligation to perform the Work in accordance with the I Contract Documents. 9.13 WAIVER OF CLAIMS The making and accept ance of final payment shall constitute: I9.13.1 A waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens,from defective work appearing after final inspection pursuant to Section 9.9 or from failure to comply with the Contract Documents or the terms of any special warranties or guarantees specified therein; however, it shall not constitute a waiver by Owner of any rights in respect to Contractor's continuing obligations under the Contract Documents; and 9.13.2 A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. I I I General/SpecslCondtns.gen 0 1996 Bonestroo,Rosene, i I Anderlik&Associates,Inc. -39- f1 SECTION 10 1 CHANGES IN THE WORK 10.1 CHANGE ORDERS I, Without invalidating the Agreement, Owner may,at any time or from time to time,order additions, III deletions or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order,Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price,or an extension or shortening of the Contract time, an equitable adjustment will be made as provided in Section 10 or Section 11 on the basis of a claim made by either party. I 10.2 FIELD ORDERS ii Engineer may authorize minor changes in the Work not involving an adjustment in g Y g g adjustment the Contract Price or the Contract Time,which are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and shall be binding on Owner, and also on Contractor 1 who shall perform the change promptly. If Contractor believes that a Field Order justifies an increase in the Contract Price or Contract Time, Contractor may make a claim therefor as provided herein. I 10.3 UNAUTHORIZED WORK Additional Work performed without authorization of a Change Order will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency. 10.4 ENGINEER RECOMMENDATIONS P Owner shall execute appropriate Change Orders prepared by Engineer covering changes in the Work which are required by Owner,or required because of unforeseen physical conditions or emergencies, I or because of uncovering Work found not to be defective, or because of any other claim of Contractor for a change in the Contract Time or the Contract Price which is recommended by Engineer. I 10.5 NOTICE OF CHANGE TO SURETY If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any Bond to be given to the Surety,it will be Contractor's responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly. in Contractor shall furnish proof of such adjustment to Owner. I GeneralispecslCondtns.gen • C 1996 Bonestroo,Rosette. Anderlik&Associates,Inc. -40- Ii .ire _ I I 10.6 CLAIMS FOR ADDITIONAL COSTS If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the P Engineer written notice thereof within ten (10) days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in I accordance with Paragraph 10.7. No such claim shall be valid unless so made. If the Owner and the Contractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be referred to the Engineer in accordance with Paragraph 7.8. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order. IIf the Contractor claims that additional cost is involved because of but not limited to(I) any written interpretation of the engineer,(2)any order by the Owner to stop the Work where the Contractor was not at fault, (3) any written order for a minor change in the Work or(4) failure of payment by the IOwner, Contractor shall make such claim as provided in this Subparagraph: 10.7 WORK DURING AN EMERGENCY - i10.7.1 In any emergency affecting the safety of persons or property, the Contractor shall act to prevent threatened damage, injury or loss. In all cases he shall, as soon as practicable, notify the I Owner of the emergency and he shall not wait for the instructions before proceeding to protect both life and property. A10.7.2 Any additional compensation or extension of time claimed by the Contractor on account of said emergency work shall be determined under Paragraph 10.6, 1 SECTION 11 ICHANGE OF CONTRACT PRICE AND CONTRACT TIME 11.1 CONTRACT PRICE IThe Contract Price constitutes the total compensation (subject to authorized adjustments)payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or r4undertaken by Contractor shall be at his expense without change in the Contract Price. I I I General/Specs/Condtns.gen 0 1996 Bonestroo,Rosene, IIAnderlik&Associates,Inc. -41 - 11.2 CHANGE IN CONTRACT PRICE 11.2.1 Except where u it prices form the basis for payment under the Contract Documents, the Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to Owner and Engineer within ten(10)days of the III occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within thirty (30) days of such occurrence unless Engineer.allows an additional period of time to ascertain accurate cost data. All claims for adjustment in the Contract 4 Price shall be determined by Engineer if Owner and Contractor cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. a 11.2.2 Where unit prices form the basis of payment and the quantity of any item of Work as given in the Proposal is increased or decreased,payment for such item will be made on the basis of actual quantity completed, at the contract unit price for such item. 11.3 BASIS OF CHANGE I The method of determining the cost or credit to the Owner resulting from a change in the work shall be determined and mutually agreed upon by Owner and Contractor in advance of performance of the change in work in one or more of the following ways: 11.3.1 By mutual acceptance of a lump sum properly itemized, 11.3.2 By unit prices stated in the Contract Documents or subsequently agreed upon (unit prices I shall include an allowance for Contractor's main office expense,overhead,profit and bond),or B actual cost of the changed work,plus an allowance for overhead,supervision and profit, I 11.3.3 y as defined as follows: 1. The "cost of the changed work" shall mean costs necessarily incurred in the proper 1 performance of the changed work and paid by Contractor at rates not higher than the standard paid in the locality of the work(except with prior consent of the Owner) as more specifically defined as follows: a. The cost of the changed work shall include: I (1) Wages paid for labor in the direct employ of Contractor in the performance of the changed work in the field or in the fabrication shop under applicable collective bargaining ill agreements or under a salary or wage schedule agreed upon by Contractor and Owner,plus a payroll markup of 40 percent to cover all overhead items applicable to payroll,such as insurance, taxes, F.I.C.A., workmen's compensation, unemployment taxes, and union II benefits. Cost of all materials, supplies and equipment incorporated in the changed work. (2) Cos Pp General/Specs/Condtns.gen 01996 Bonestroo,Roseate, -42- Anderlik&Associates,Inc. I 1 (3) Cost,including maintenance nance of all materials,supplies,equipment,temporary facilities and hand tools owned by workmen, which are consumed in the performance of the I changed work, and cost less salvage value on such items used but not consumed which remain the property of the Contractor. (4) Rental charges of all necessary machinery and equipment, exclu r exclusive of hand tools, used in performing the changed work, including installation, minor repairs and replacements, dismantling, removal, transportation and delivery costs thereof at rental I charges consistent with those prevailing in the area. (5) Cost of additional premiums for all bonds and insurance which the Contractor is I required by the Owner or contract documents to purchase and maintain incurred as a result of performing the changed work. and which is 1 (6) Sales,use or similar taxes, related to the changed work is liable, imposed by any governmental authority and for which the Contractor (7) Permit fees,royalties,damages for infringement g g ment of patents and costs of defending wits Itherefore, and deposits lost for causes other than the Contractor's negligence. (8) Losses and expenses,p , not compensated by insurance or otherwise sustained by the Contractor in connection with the changed work provided they have resulted from causes I other than the sole or joint fault or neglect of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval j of the Owner. No such losses and expenses shall be included in the cost of the changed work for the purpose of determining the Contractor's fees thereon. If, however, such loss requires reconstruction and the Contractor is placed in charge thereof,he shall be paid for r his services an additional fee computed in proportion to the sum stated above for th original changed work. the I (9) Cost.of "drayage," exclusive o g of any drayage between shop and jobsite, only when Contractor must hire an independent trucking firm and driver to perform special drayage Iservices in performance of the changed work for which Contractor's skills, manpower and vehicles are inadequate. "Drayage" does not include transportation performed or which could have been performed by Contractor's drivers or vehicles but for their use on another 5 project. (10) Costs incurred due to an emergency arising out of the changed work affecting the 10 safety of persons and property. (11) Other costs incurred in the performance of the changed work if and to the extent V approved in advance in writing by the Owner. I General/Specs/Condms.gen ®1996 Bonestroo,Rosene, 1 Andedik&Associates.Inc. -43- I (12) Cost of Subcontractors in performing the Contractor's work as changed shall be computed in accordance with this paragraph 11.33,computed in accordance with clauses 11.3.1, .2,or .3. 11 b. The cost of the changed work shall exclude: (1) Salaries or other compensation for Contractor's officers,executive,general managers, project managers, estimators, engineers, timekeepers, surveyors, mechanics, warehousemen, auditors, accountants, purchasing and contracting agents, draftsmen (except sheetmetal draftsmen), stenographers,receptionists, and other staff employees, whether or not employed at Contractor's principal office,branch office or field office at the job site. (2) Expenses of Contractor's principal office, branch office or job site field office, 1 including without limitation the expense for pickup trucks,office trailers, storage trailers, rental of office or storage space,telephone,heat,lights,etc. I (3) Ownership cost of maintenance expenses for Contractor-owned equipment, including without limitation all construction equipment,trucks and vehicles,machines and all other owned equipment required for Contractor's performance of the Work. I (4) Cost for purchase and maintenance of tools, materials, supplies and facilities not consumed during construction or incorporated in the work. (5) Contractor's capital expense, including interest on Contractor's capital employed for the work. (6) Overhead or general expenses of any kind, including but not limited to office or fabrication shop overhead or drafting and printing costs, except as may be expressly II included in clause 11.3.3.1a above. Subcontractor, anyone directly or I (7) Costs due to the negligence of Contractor, any indirectly employed by any of them,or for whose acts any of them may be liable,including but not limited to injury or damage to persons or property, the correction of defective I work,disposal of materials and equipment wrongly supplied,or making good any damage to property. (8) The cost of any item not specifically and expressly included in the terms described in clause 11.3.3.1a above. I GeneralISpecs/Condtns.gen ©1996 Bonestroo,Rosene, -44- AnderHk&Associates,Inc. overhead and nonreimbursable costs shall be computed as follows: 2. Allowances for profit,o a. For the Contractor: dependent of the ' um of 5% up to a maximum of 15% (fined actual the sole discretion nde t of the (1) A minim 1z above, the Contractor's performance and assumed risks as determined through( ) Owner)of all reimbursable costs defined in clauses 11.3.3.1a(1) Own ) (2) A minimum of 3% up toe maximum of 7% (as determined at the ale reasonable discretion of the Owner)for the work of Subcontraceteo�supervised lbe allowed on Subcontractor comption o computed in accordance with clause tractor.l'3.3. No work not supervised by the compensation for changed their shall be determined at the direc�tly For first, second, and other tier Subcontractors claiming com 2 work (12), th fideter mud ( ) work under clause 11.f h 1 Owner( )� percentages reasonable discretion of the Owner consistent with above. and audit the books and to examine, inspect,copy (4) The Owner shall have the right ntractor making claim for reimbursement for costs I and ( correctness, completeness I and records c any Contractor or allowances hereunder in order to clalymed,accuracy, y of all costs and allowances propriety 11.4 * 1_ a Change Order. Any claim for an 11.4.1 The Contract Time may only be changed by delivered to the claim• r and Time shall be based on written notice delivered to Owner an engineer i the Contract giving 30 days of n ineer within ten(10)days of the occurrence of the event g to ascertain more Engineer with supporting data shall be delivered within thirty ( ) Y Engineer allows an additional period of time Engineer of the extent of the claim w PP such occurrence unless for adjustment in the Contract Time shall be determined by g accurate data. All claims for adj ise agree. Any change in the Contract Time resulting if Owner and Contractor cannot otherwise in a Change Order. from any such claim shall be incorporated delays will be extended in an amount equal to time lost due t provided in paragraph 11.4.1. beyond The control of Time wi ias r Owner, pr ra graph 11.4.1. vey and the control of Contractor if a claim is made tshor nee as P by weather conditions,or acts of God. 111 J Such delays shall include,but not be limited epidemics,abnormal labor disputes,gip Agreement. recovery for damages Including in the Contract Documents are of the essence of the Ag The All time limits this stated either oparty not provisions of this paragraph 11.4 shall vices)for delay by The pr compensation for additional professional s s/Condtns.gen GeneraVSpeC - C 1996 Bonestroo,Rosen, Anderlik&Assodates,kW. -45 I SECIMUZ t. ., : !i1 N 1,4:. 411k, 12.1 • ►1_ t � : • \lb I t k------------III".111.I1.11111IIIII111I111111111111_ 1 1 Owner may, i y, at any time and without cause, suspend the Work Owner mere.than anyttide and by notice in writing to Contractor and Engineer which for a on which Work shall be resumed. period of on which Wo ke shall be Contractor shall resume the hall fix the date Contractor or a, will i] an increase in the Contract Price or an extension of the date c fixed. 10 and 11.directly to any suspension if he makes a claim therefor Time, or as provided in Sections 12.2 Ow ilmA 'TFR�,rr�T h.,,,. 12. I 2.1 Upon the occurrence of any one or more of the following events: (a) If Contractor is adjudged a bankrupt or insolvent (b) If Contractor makes a general assignment for the benefit of creditors, (c) If a trustee or receiver is appointed for Contractor or for any of Contractor's ro 1 (d) If Contractor files a petition to P �rtY� the ban o take advantage of any debtor's act, or to reo bankruptcy or similar laws, rganize under (e) If Contractor repeatedly fails to supply sufficient ski or equipment, lied workmen or suitable materials ti (0 If Contractor re Subcontractors materials or equipment, fails to make prompt payments to Sub �luipment, or for labor, (g) If Contractor disregards laws having jurisdiction, 'ordinances,rules,regulations or orders of any public body (h) If Contractor disregards the authority of Engineer,g , or (I) If Contractor otherwise violates in any substantial way Y any provisions of the Contract J I G e 1 �Pecs/Condtns.gen anestroo,Rosene, AnderGk&Associates Inc. -46- III I Owner may after giving Contractor and his Surety seven days'written notice, terminate the services on Contractor, exclude Contractor from the site and take possession of the Work and of all I Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor(without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which r Owner has paid Contractor but which are stored elsewhere,and finish the Work as Owner may expedient. In such case Contractor shall not be entitled to receive any further payment until the I Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the Idifference to Owner. Such costs incurred by Owner shall be verified by Engineer and incorporated in a Change Order,but in finishing the Work,Owner shall not be required to obtain the lowest figure for the Work performed. 1 12.2.2 Where Contractor's services have been so terminated by Owner, the termination shall not affect any rights of Owner against Contractor then existing or which may thereafter accrue. Any 110 retention or payment of moneys due Contractor by Owner will not release Contractor from liability. 12.2.3 Upon seven days'written notice to Contractor and Engineer, Owner may, without cause and 1 without prejudice to any other right or remedy, elect to abandon the Work and terminate he Agreement. In such case,Contractor shall be paid for all Work executed and any expense sustained i . • plus reasonable termination expenses. 12 .2.4 If, after notice of termination for failure to fulfill contract obligations, it is determined that II the Contractor has not defaulted, the termination shall be deemed to have been effected for the convenience of the Owner and the Contractor shall be paid in accordance with ara ra h 1 P g P 2.3. , 12.3 CONVENIENCE TERMINATION BY THE OWNER The Owner reserves the right to terminate the Work under this contract in whole, or from time to Itime in part,and said termination for convenience shall not be construed as a breach of the Contract. If the Contract is terminated for convenience, the Owner shall give the Contractor written notice specifying the extent the Work of the Contract that is being terminated and the effective date of said I termination. Upon receipt of the notice of termination, the Contractor shall stop work on the date and to the extent specified. The Contractor shall place no further orders nor incur any further costs for the terminated parts of the Work. The Contractor shall further terminate all orders and subcontracts relating to the terminated part of the Work. The Owner shall pay the Contractor for the value of the Work I terminated as completed to the termination date together with a reasonable profit on the completed Work,but no damages or costs or lost profits. Disposition of the completed parts of the terminated work,materials,equipment and other tangible property shall be made as agreed upon by the Owner and Contractor. The title to any property and materials retained by the Owner shall accrue to the Owner immediately upon payment by the Owner to the Contractor. I GeneravSpecs/Condtns.gen I ®1996 Bonestroo,Rosene, Anderlik&Associates,Inc. . 47- I t 12.4 CONTRACTOR MAY ST OP WORK OR TERMINATE I If,through no act or fault of Contractor,the Work is suspended for a period of more than ninety days by Owner or under an order of court or other public authority, or Engineer fails to act on any II Application for Payment within thirty days to pay Contractor any sum finally determined to be due, the Contractor may, upon seven days' written notice to Owner and Engineer, terminate the Agreement and recover from Owner payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if Engineer has failed to act on an Application for Payment or Owner has failed to make any payment as aforesaid, Contractor may upon seven days' notice to Owner and Engineer stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve Contractor of his obligations to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with Owner. 1 SECTION 13 MISCELLANEOUS III 13.1 I IMITATION OF i TARILTTY In no event, either as a result of breach of contract, negligence, or otherwise, shall the Owner or Engineer or their agents or Employees be liable for damages or loss of profits, loss of use, loss of revenue, loss of bonding capacity, or any other special, indirect or consequential damages of any I kind. To the extent the Contract Documents allow any liability to be imposed,the total liability of the Owner and Engineer for any loss, claim, or damage arising out of this agreement or the performance or breach thereof, shall be limited to the value of the work performed. II 13.2 REMEDIES li The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor herein and all of the rights and remedies 1 available to Owner and Engineer thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with eact1 particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Agreement. 11 1 GeneraYSpecs/Condms.gen ®1996 Bonestroo,Rosene, -48- Anderlik&Associates,Inc. I. 1 13.3 PUBLIC CONVENIENC E IThe Contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work, and to insure the protection of persons and property. No road or street shall be closed to the public except Ii with the permission of the Owner and proper governmental authority. Fire hydrants on or adjacent to the Work shall be kept accessible to fire-fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidewalks and the proper functioning of all I gutters, sewer inlets,drainage ditches and irrigation ditches, which shall not be obstructed. I13:4 CROSSING UTILITIES. ETC. Where the prosecution of the Work results in the crossing of highways,railroads, streets or utilities under the jurisdiction of state, county, city or other public or private entities, the Contractor shall I secure written permission from the proper authority to cross said highway, railroad , street or utility before further prosecuting the Work. A copy of the written document granting permission shall be I ifiled with the Owner and Engineer before any Work is done. The Contractor shall be required to obtain a written release from the applicable authority upon completion written release shall be filed with the Owner and Engineer before final acceptance of the Work is granted. 13.5 SANITARY PROVISIONS IThe Contractor shall rovide and maintain ntam such sanitary facilities for the use of his employees and those of his Subcontractors as may be necessary to comply with the laws,rules or regulations of the I Federal, State and local governments, or agencies or departments thereof. 13.6 PRESERVATION OF HISTORICAL OBJECTS I 13.6.1 Where historical objects of potential archeological or paleontological nature are discovered I within the areas on which the Contractor's operations are in progress,the Contractor shall restrict or suspend his operations in the immediate area of the discovery as may be necessary to preserve the discovered objects until the Owner has made arrangements for their disposition or has recorded the Idesired data relative thereto. 13.6.2 The Contractor shall immediately notify the Owner of any historical objects he may discover or become aware of as the Work is being prosecuted, and shall aid in the preservation and salvage program decided upon, as may be requested or ordered ed by the Owner. No Work which the Contractor considers to be Extra Work shall be performed without the written authorization of the IOwner. I I Genera!/Specs/Condtns.gen ®1996 Bonestroo,Rosette, Anderlik&Associates,Inc. -49- I 13.6.3 The Owner shall have the right to restrict or suspend the Contractor's operations in the immediate area where historical objects are discovered for a period not to exceed,72 hours,without claim being made by the Contractor for any damages he might suffer as a result thereof. Any restrictions imposed shall not remain in effect for a period exceeding 72 hours unless mutually agreed to in writing. 133 USE OF PREMISES Contractor shall confine construction equipment, the storage of materials and equipment and the I p operations of workmen to areas permitted by law, ordinances, permits or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. I I 0 1 I I 1� I 1 I GeneraYSpecs/Condtns.gen ®1996 Bonestroo,Rosene, -50- Anderlik&Associates,Inc. I III FORM OF A FFT\i Ej- I THIS AGREEMENT, made and signed this day of , 19_, by and between , hereinafter called the "Owner", and hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for the consideration Ihereinafter stated, agree as follows: ARTICLE I. The Contractor hereby covenants and agrees to perform and execute all the Iprovisions of the plans and specifications as prepared by Bonestroo,Rosene,Anderlik&Associates, Inc.,of St.Paul,Minnesota,and indicated below under ARTICLE IV,as provided by the Owner for: I Iand to do everything required by this Agreement and the Contract Documents. ARTICLE II. The Contractor agrees that the Work contemplated by this Contract shall be fully and satisfactorily completed on or before ,1 g I ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and accept Ipayment in accordance with the prices bid for the unit or lump sum items as set forth in the conformed copy of Proposal Form hereto attached, which prices shall conform to th accepted Contractor's Proposal on file in the Office of the ore the which prices, based on the approximate schedule of quantities, is estimated to be the aggregate of ARTICLE IV, The Contract Documents shall consist of the following component parts: I (a) Drawings. I (b) Specifications: (1) Bid Documents(Advertisement,Addenda,Information to Bidders, Proposal and Bid I Security); ( ) Special Provisions; (3) General and Specific Requirements; r✓ (4) Conditions of the Contract (General and other conditions); (5) Performance and Payment Bond; II (6) Agreement; rg (7) Detail Plates and other drawings attached to specifications; I General/Specs/Condtns.gen i C 1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -51 - r I IIICERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is individual or partnership) I I State of Minnesota ) ) SS. County of ) IOn this day of , 19 , before me rsonall to me personally known to be the person Pe y appeared foregoing instrument and acknowledged that P he executed the s ame as free act and deed uted the (Notarial Seal) Notary Public V ICERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) I State of Minnesota ) I ) SS. County of _ ) IOn this day of , 19 , before me personally appeared and , to me personally known who, being by me duly sworn, each I did say that they are respectively the and of ,, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said I instrument was executed in behalf of the corporation by authority of its Board of Directors and said of the corporation.and acknowledged the instrument to be the free act and deed I (Notarial Seal) Ill Notary Public I I General/Specs/Condtns.gen ©1996 Bonestroo,Rosene, 1 Anderlik&Associates,Inc. -53- PERFORMANCE BOND I1 KNOW ALL MEN BY THESE PRESENTS: that as Principal (hereinafter called Contractor) and, as Surety (hereinafter called Surety) are held and firmly bound unto as Obligee(hereinafter called Obligee) in the amount of Dollars ($ ), for the P a Y ment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,Contractor has by written agreement dated , 19 , entered into a contract with the Obligee for construction of in accordance with Drawings and Specifications prepared by Bonestroo.Rosene.Anderlik&Assoc., Inc. which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract in conformance with the Contract Documents, and all guaranty, indemnity and warranty obligations specified therein, and shall promptly and faithfully remedy any breach of its obligations under the Contract Documents discovered within the time limits set by statute for commencement of actions, and shall pay any damages for unexcused late completion,then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration, changes or extension of time made by the Y Y Y Obligee. Whenever the Contractor shall be, and declared by the Obligee to be in default under the Contract,the Surety may promptly remedy the default,or shall promptly: (1) Complete the Contract in accordance with its terms and conditions, or if appropriate, I I GeneraVSpecs/Condtns.gen C 1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -54- I (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Surety,and Surety shall pay such bidder pursuant to such contract,while the Obligee shall pay the Surety the cost of completion,up to but not exceeding the balance of the contract price. The term "balance of the contract price",as used in this paragraph, I shall mean the total amount payable by the Obligee to Contractor under the Contract and any amendments thereto, less the amount paid by the Obligee to Contractor, of if appropriate, (3) Promptly pay such sums to the Obligee as the Obligee may be entitled from the Contractor under the Contract Documents, or for the breach thereof,but not exceeding the amount set forth in the first paragraph hereof. ' The surety agrees to be bound b y rees g by any aw and granted to the Obligee against the Contractor in arbitration or judicial proceedings commenced pursuant to the Contract Documents. No right of action shall accrue on this bond to or for the use of any person or corporation y p rporation other 1 than the Obligee named herein or the successors of the Obligee. Si gn ed and sealed this day of , 19 1 Contractor By Signature I (Typed or Printed name of Signer) ITitle Witness By Signature I (Typed or Printed name of Signer) Title 11 1 General/Specs/Condtns.gen C 1996 Bonestroo.Rosen. Anderlik&Associates.Inc. -55- I CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL (For use where Contractor is individual or partnership) State of Minnesota ) )SS. County of ) On this day of , 19 before me personally appeared to me known to be the person described in and who executed the foregoing bond, and acknowledged that he executed the same as individual. free act and deed of the I (Notarial Seal) Notary Public CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) State of Minnesota ) I )SS County of ) On this day of , 19 ,before me personally appeared I and , to me personally known who,being by me duly sworn,did say that they are respectively the of , that the seal affixed to the a ' foregoing instrument is the corporate seal of said corporation,and that said instrument was executed in behalf of the corporation by authority of its Board of Directors,and said and acknowledged the instrument to be the free act and deed of said corporation. Ii Notary Public (Notarial Seal) Full Name of Surety Company Home Office Address Full Name of Surety Co. Name of Local Agency Address of Local Agency If this bond is executed outside of the State of Minnesota,it must be countersigned on the Performance Bond 11 by a Minnesota resident agent of the Surety. Company. Name of Agent Affixing Countersignature Address MEMORANDUM: Affix here Power of Attorney and Acknowledgment of Corporate Surety. General/Specs/Condtns.8 en ®1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -57- R AND MATERTAT PAYMENT Rpm KNOW ALL MEN BY THESE PRESENTS: that as Principal, (hereinafter called Contractor) and, as Surety (hereinafter called Surety) are held and firmly bound unto as Obligee(hereinafter called Obligee)for the use and benefit of claimants as hereinbelow defined, ' in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated ,entered into a contract with Obligee for construction of in accordance with Drawings and Specifications prepared by Bonestroo.Rosene.Anderlik&Associates. Inc. which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract and shall keep the Project free and clear of all liens as provided in the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. Claimant is defined as one permitted by applicable law to file a Public Contractor's Bond I claim for labor, material, or both, used or reasonably required for use in the performance of gas the Contract, labor and material being construed to include without limitation that part of water, , power, light, heat,oil,gasoline, telephone service, rental of equipment, insurance premiums, taxes, and any items for which a claim or lien may be filed against the Obligee under the applicable law. 2. The above named Contractor and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined,who has not been paid in full may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sums as may be justly due claimant, land have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. 1 I p Generai/Specs/Condtns.gen 1996 Bonestroo,Rosene, Anderlik&Associates,Inc. _58 1 I P I I I IP I 1 . 1 a . I I 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant shall have filed a Public Contractors Bond Claim in the form and within the time provided under applicable law, or (b) After expiration of time for enforcement of a Public Contractors Bond Claim by legal action. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. S. The Contractor and Surety shall keep the Project free and clear of liens and shall promptly remove any and all liens filed against the Project, by claimants. 6. The Obligee's right of action on this bond, or for the breach thereof, shall not be limited by the conditions set forth in paragraphs I through 3 above. Contractor By (Typed or Printed name of Signer) Title Witness ms.gen By Signature Signature 1 (Typed or Printed name of Signer) Title (If the Contractor is a partnership or joint venture, all partners or co-venturers must execute this Bond). General/Specs/Cond ©1996 Bonestroo,Roseate, &Associates,Inc. -59- 1 If ( the Contractor is a partnership or joint venture, all partners or co-venturers must execute this Bond). Surety iAddress Phone No. Witness B Y Signature T ( yped or Printed Name of Signer) Title I (Local Address &Telephone Number) (The attorney-in-fact shall attach hereto a copy of his power of attorney or other document which authorizes. him to act on behalf of and to bind the surety). IP1 I 1 1 GeneraVSpecs/Condtns. n ®1996 Bonestroo,Rosene, Anderlik&Associates,lnc. -60- r CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL (For use where Contractor is individual or partnership) State of Minnesota ) )SS. ICounty of On this day of , 19 ,before me personally appeared ' , to me known to be the person described in and who executed the foregoing bond, and acknowledged that,ale executed the same as free act and deed of the individual. • I 1 (Notarial Seal) Notary Public CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) ' State of Minnesota ) )SS. County of ) On this day of , 19 ,before me personally appeared and , to me personally known who, being by me duly sworn, did say that they are respectively the and ,of that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directors,and said Iof said corporation. and acknowledged the instrument to be the free act and deed Notary Public (Notarial Seal) Full Name of Surety Company Home Office Address Full Name of Surety Co. Name of Local Agency Address of Local Agency If this bond is executed outside of the State of Minnesota,it must be countersigned on the Performance Bond by a Minnesota resident agent of the Surety Company. Name of Agent Affixing Countersignature Address MEMORANDUM:Affix here Power of Attorney and Acknowledgment of Corporate Surety. General/Specs/Condtns.gen ®1996 Bonestroo,Rosene, Anderlik&Associates,Inc. -61 -