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Specifications for 60th St. N Sanitary Sewer Improvements
1 1 1 ' .. , I CONTRACT ! 1 DOCUMENTS NTS .....„ , # , '-1-i i ' k� , 1 CITY OF OAgPARKHEIGHTS I I Specifications for 1 I 60th Street North Sanitary Sewer Improvements 1 I Oak Park Heights, Minnesota CONTRACT 1 August 2002 OCUMENTS, File No. 55-02-119 iilii Bonestroo 1 Rosene Anderifk & VI Associates IEngineers & Architects I 1 I Bonestroo O Rosen Anderlik& VA Associates Engineers&Architects ADDENDUM NO. 2 �. 60th STREET SANITARY IMPROVMENTS FILE NO. 55-02-119 OAK PARK HEIGHTS, MN September 5, 2002 Number of Pages 2 (includes this sheet) If this page is not returned,the proof of delivery will be the fax confirmation. Please include your E-mail or Website address. Please acknowledge receipt of this Addendum by signing and faxing this page back to Bonestroo& IAssociates at Fax No. (651) 636-1311 as soon as you receive it. Company Name Date I I ' 55-02-119-Sent Via Fax ADDENDUM NO.1 Attachments-None I Bonestroo Rosene Ank& I Associates Engineers&Architects ADDENDUM NO. 2 60TH STREET TREET SANITARY IMPROVEMENTS FILE NO. 55-02-119 OAK PARK HEIGHTS, MINNESOTA September 5, 2002 I Add endum No. 2 IIBidder shall acknowledge receipt of this Addendum on the Bid Form. SPECIFICATIONS Section 01100, Part 1.03 The completion dates have been extended to the following: IA. Completion Dates: 1. The removal and installation of the sanitary sewer shall be completed i by November 27, 2002. 2 Weather permitting, restoration will be done this year, otherwise Iseeding will be done in the spring according to MNDOT specifications. 3. All testing shall be completed by December 27, 2002. B. With these extended completion dates no compensation will be provided for trench excavation or backfill of frost. If you have any questions on this p ro� , please'ect lease call Karen Erickson at (651) 604-4788. 1 Bonestroo, Rosene, Anderlik and Associates, Inc. 2335 West Highway 36 St. Paul, Minnesota 55113 (651) 636-4600 - Phone (651) 636-1311 — Fax I 55-02-119-Sent Via Fax ADDENDUM NO.2 Attachments-None A2-1 I I I Bonestroo Rosene wig Anderllk& VII Associates I Engineers&Architects ADDENDUM NO. 1 1 60th STREET SANITARY IMPROVMENTS FILE NO. 55-02-119 OAK PARK HEIGHTS, MN September 3, 2002 Number of Pages 3 (includes this sheet) If this page is not returned,the proof of delivery will be the fax confirmation. Please include your E-mail or Website address. Please acknowledge receipt of this Addendum by signing and faxing this page back to Bonestroo& Associates at Fax No. (651) 636-1311 as soon as you receive it. Company Name Date I 55-02-119-Sent Via Fax ADDENDUM NO.1 Attachments-None Bonestroo O Rosedne Anerlik& Associates I Engineers&Architects I ADDENDUM NO. 1 60TH STREET SANITARY IMPROVEMENTS FILE NO. 55-02-119 OAK PARK HEIGHTS, MINNESOTA September 3, 2002 ADDITIONAL INFORMATION FOR BYPASS PUMPING Addendum No. 1 Bidder shall acknowledge receipt of this Addendum on the Bid Form. 1 SPECIFICATIONS ISection 02530 Part 3.01 IAdd the following: B. Bypass pumping methods. I1. Direct Connection — (Using the lift station pump) a. Disconnect existing 10"forcemain from EXMH-4. b. Place a bend on the existing 10"forcemain. c. A minimum 8" line can be connected to the bend and run at ground level to EXMH-2. d. At EXMH-2 the bypass line will be placed into the downstream pipe. 55-02-119-Sent Via Fax ADDENDUM NO.1 Attachments-None A1-1 e. After the installation of the new 12"sanitary line the bend will be removed and the force main reconnected to EXMH-4. f. The existing lift station can be turned off for up to two hours. The CONTRACTOR must work with the City Public Works Department when making the connection to the forcemain. 1 2. With the approval of the ENGINEER alternate bypass YP pumping ma Y be used. C. No leakage of the bypass pumping will be allowed. If leakage occurs it will be the responsibility of the CONTRACTOR to clean the spill. IIf you have any questions on this project, please call Karen Erickson at (651) 604-4788. Bonestroo, Rosene, Anderlik and Associates, Inc. 1 2335 West Highway 36 St. Paul, Minnesota 55113 (651) 636-4600 - Phone 1 (651) 636-1311 — Fax 1 I I I . I55-02-119-Sent Via Fax ADDENDUM NO.1 Attachments-None A1-2 I DOCUMENT 00005 PROFESSIONAL CER'11141CATIONS ' I hereby certify that this plan and specification was reP ared P by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. j. 1 Dennis M. Postler, P.E. IDate: August 28, 2002 Reg. No. 22011 I END OF DOCUMENT 1 1 1 1 1 55-02-119 ' ©2002 Bonestroo,Rosene, Anderlik&Associates Inc. PROFESSIONAL CERTIFICATIONS I IDOCUMENT 00010 ITABLE OF CONTENTS 60th STREE NORTH ' SANITARY SEWER IMPROVEMENTS FILE NO. 55-02-119 MINNESOTA OAK PARK HEIGHTS, NNESOTA 2002 IIntroductory Information 00005 Professional Certifications I00010 Table of Contents Bidding Requirements I00200 Instructions to Bidders 00300 Information Available to Bidders 00410 Bid Form IContracting Requirements 00520 Agreement Form I00610 Performance Bond 00620 Payment Bond I 00700 EJCDC 1910-8 General Conditions (Bound in back of Project Manual) 00800 Supplementary Conditions I Specifications Division 1 —General Requirements 01100 Summary I 01200 Price and Payment Procedures 01310 Project Management and Coordination 01400 Quality Requirements I 01500 Temporary Facilities and Controls 01570 Erosion and Sediment Control 01700 Execution Requirements IDivision 2—Site Construction 02225 Removals I02230 Site Clearing 02280 Adjust Miscellaneous Structures 02320 Trench Excavation and Backfill I02530 Sanitary Sewer 02720 Aggregate Base Course I02920 Lawns and Grasses END OF DOCUMENT I 55-02-119 m 2002 Bonestroo,Rosene, TABLE OF CONTENTS Anderlik&Associates,Inc. I IDOCUMENT 00200 IINSTRUCTIONS TO BIDDERS IARTICLE 1 -DEFINED TERMS I 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and Iplural thereof: Bidder—The individual or entity who submits a Bid directly to OWNER. IA. B. Issuing Office—The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. IC. Successful Bidder—The lowest,qualified,responsible Bidder to whom OWNER(on the basis of OWNER's evaluation as hereinafter provided) makes an award. IARTICLE 2—COPIES OF BIDDING DOCUMENTS I2.01 Complete sets of the Bidding Documents in the number and for the non-refundable sum stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office Iidentified in the Advertisement or Invitation to Bid. 2.02 Complete sets of Bidding Documents must be used in preparing Bids;neither OWNER nor I ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. I 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. IARTICLE 3 —QUALIFICATIONS OF BIDDERS I3.01 To demonstrate Bidder's qualifications to perform the Work,each Bidder must be prepared to submit within five days of OWNER's request written evidence of financial data,previous I experience, present commitments, and such other data as may be called for below: p , p Y A. Evidence of Bidder's qualification to do business in the State where the project is Ilocated or covenant to obtain such qualification prior to award of contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. I 55-02-119 I ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200-1 INSTRUCTIONS TO BIDDERS 1 ARTICLE 4—EXANIINATION OF BIDDING DOCUMENTS,OTHER RELATED DATA,AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities)that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents,but the"technical data"contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any"technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities,including OWNER,or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site,if any,that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents,but the"technical data"contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any"technical data" or any other data, interpretations, opinions, or information contained in such reports or shown,or indicated in such drawings. • 55-02-119 ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200_2 INSTRUCTIONS TO BIDDERS I I4.04 Provisions concernin g responsibilities onsibilities for the adequacy of data furnished to prospective Bidders I with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02,4.03, and 4.04 of the General Conditions. Provisions concerning I responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any,and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the ' Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations,tests, and studies as Bidder deems necessary for submission of a I Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations,investigations,tests, and studies. I 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors)that relates to the Work for which a Bid is to be submitted. IOn request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price)for such other work. I4.07 It is the responsibility of each Bidder before submitting a Bid to: examine and carefully study the Bidding Documents,including any Addenda and the IA. other related data identified in the Bidding Documents; IB. visit the Site and become familiar with and satisfy Bidder as to the general,local,and Site conditions that may affect cost,progress, and performance of the Work; I C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost,progress, or performance of the Work; I D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground I Facilities)which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions,and carefully study all reports and drawings of a Hazardous Environmental Condition,if any,at the Site which have been identified Iin the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; I I 55-02-119 I ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200-3 INSTRUCTIONS TO BIDDERS E. obtain and carefully study(or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost,progress,or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and I procedures of construction to be employed by Bidder, including any specific means, methods,techniques,sequences,and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Bidding Documents, and all additional examinations,investigations,explorations,tests, studies,and data with the Bidding Documents; I. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the P g written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means,methods,techniques,sequences,and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents,that Bidder I has given ENGINEER written notice of all conflicts,errors,ambiguities,and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder,and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 1 1 55-02-119 ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200-4 INSTRUCTIONS TO BIDDERS I I ARTICLE 5 —SITE AND OTHER AREAS I5.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities,construction equipment,or storage of materials I and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing faculties are to be obtained and paid for by OWNER unless otherwise provided in the IBidding Documents. ARTICLE 6—INTERPRETATIONS AND ADDENDA I6.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINER in writing. Interpretations or clarifications considered necessary by ENGINEER I in response to such questions will be issued by addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be Iwithout legal effect. I 6.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. IARTICLE 8 CONTRACT TIMES 8.01 The number of days within which,or the dates by which,the Work is to be(a)Substantially ICompleted and (b) also completed and ready for final payment are set forth in the Agreement. IARTICLE 9 —LIQUIDATED DAMAGES 9.01 Provisions for liquidated damages, if any, are set forth in the Agreement. IARTICLE 10—SUBSTITUTE AND "OR-EQUAL" ITEMS I 10.01 The Contract,if awarded,will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or"or-equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or"or-equal" Iitem of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER,application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by ICONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. I I 55-02-119 I ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200-5 INSTRUCTIONS TO BIDDERS ARTICLE 11 —SUBCONTRACTORS, SUPPLIERS, AND OTHERS 11.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, , individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors,Suppliers,individuals,or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER,after due investigation,has reasonable objection to any. proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased(or decreased)by the difference in cost occasioned by such substitution,and OWNER may consider such price adjustment in evaluating Bids and making the contract award. 11.02 If apparent Successful Bidder declines to make any such substitution,OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors,Suppliers, individuals,or entities. Declining to make requested substitutions will not constitute grounds , for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 11.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier,individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 12 - PREPARATION OF BID ' 12.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from ENGINEER. 12.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each Bid item listed therein. 12.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. , 12.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 55-02-119 ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200-6 INSTRUCTIONS TO BIDDERS ' 1 I 12.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and I accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. I12.06 A Bid by an individual shall show the Bidder's name and official address. 12.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the IBid Form. The official address of the joint venture must be shown below the signature. 12.08 All names shall be typed or printed in ink below the signatures. I12.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. I12.10 The address and telephone number for communications regarding the Bid shall be shown. I12.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number for the state of the Project,if any,shall also Ibe shown on the Bid Form. I12.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. I 12.13 Bidders may list proposed substitute items on the spaces provided on the Bid Form. Bidders shall clearly indicate the item name, specification section number, and the total deduct to the Total Base Bid for each substitute item proposed. IARTICLE 13 -BASIS OF BID;EVALUATION OF BIDS I13.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid Ischedule. B. The total of all estimated prices will be determined as the sum of the products of the Iestimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the IGeneral Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be I resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. I 55-02-119 I ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200-7 INSTRUCTIONS TO BIDDERS D. Bids will be compared on the basis of the"Total Base Bid"and this amount will the P be he basis for determining the lowest Bidder. 13.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 14 - SUBMITTAL OF BID 14.01 Each prospective Bidder is furnished one copy of the Bidding Documents with one separate unbound copy each of the Bid Form,and,if required,the Bid Bond. The unbound copy of the Bid Form is to be completed and submitted with the Bid security 14.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title(and,if applicable,the designated portion of the Project for which the Bid is submitted),the name and address of Bidder,and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system,the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to OWNER's office. ARTICLE 15 -MODIFICATION AND WITHDRAWAL OF BID ' 15.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 15.02 Bids may be withdrawn after Bid opening only in accordance with the law. ARTICLE 16 - OPENING OF BIDS , 16.01 Bids will be opened at the time and place indicated in the advertisement or invitation. An abstract of the amounts of the base Bids and major alternates,if any,will be made available to Bidders after the opening of Bids. ARTICLE 17 -BIDS TO REMAIN SUBJECT TO ACCEPTANCE , 17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may,in its sole discretion,release any Bid and return the Bid security prior to the end of this period. 55-02-119 ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200-8 INSTRUCTIONS TO BIDDERS I IARTICLE 18 - AWARD OF CONTRACT 1 I18.01 If the Contract is awarded, Award shall be made on the basis of the lowest responsive, responsible,qualified Bidder determined by the Total Base Bid. • I18.02 OWNER reserves the right to reject any or all Bids, including without limitation, non- conforming,non-responsive, unbalanced, or conditional Bids. OWNER further reserves the I right to reject the Bid of any Bidder whom it finds,after reasonable inquiry and evaluation,to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also I reserves the right to waive all informalities not involving price,time,or changes in the Work and to negotiate contract terms with the Successful Bidder. I 18.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the Irejection of all Bids in which that Bidder has an interest. 18.04 In evaluating Bids,OWNER will consider whether or not the Bids comply with the prescribed Irequirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. I18.05 In evaluating Bidders,OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors,Suppliers,and other individuals or entities I proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. I18.06 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, I Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims, of whatever nature, against OWNER,ENGINEER and their employees and agents, which arise I out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice.This waiver is not intended to restrict Bidder's rights to challenge a Icontract award pursuant to law. 18.07 If the Contract is to be awarded;OWNER will award the Contract to the Bidder whose Bid is in Ithe best interests of the Project. I I 55-02-119 I ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200-9 INSTRUCTIONS TO BIDDERS ARTICLE 19 - CONTRACT SECURITY AND INSURANCE 19.01 Article 5 of the General Conditions,as may be modified by the Supplementary Conditions,sets forth OWNER's requirements as to performance and payment Bonds and insurance.When the Successful Bidder delivers the executed Agreement to OWNER,it must be accompanied by • such Bonds. ARTICLE 20 - SIGNING OF AGREEMENT 20.01 When OWNER gives a Notice of Award to the Successful Bidder,it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter,Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within ten days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. END OF DOCUMENT 1 1 1 55-02-119 ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200-10 INSTRUCTIONS TO BIDDERS I IDOCUMENT 00300 IINFORMATION AVAILABLE TO BIDDERS , ' Portions of reports and drawings used by the ENGINEER in the preparation of the Bidding i I Documents are attached to this document. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and I Supplementary'Conditions.Reports,drawings,and other historical information regarding the Project Imay be available for Bidder's review at the ENGINEER's office.Schedule a viewing time with the Project Manager. I I END OF DOCUMENT I I I I I • I I I 55-02-119 I ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. INFORMATION TO BIDDERS I . BURSCHVILLE CONST . . TEL :763-497-4266 Sep 13 '02 8 :27 No .001 P .02 IJi �. • I JAO**#mm . NM Rmen lk& BIDDER: • , I• is it .4b r II na, 1 �� Ii .0+p1ni«s i Arddtints DOCUMENT 00410 + BID FORM • • 60TH STREET NORTH SANITARY SEWER IMPROVEMENTS BONESTRQQ FILE NO.55-02-119 OAK PARK HEIGHTS MN ' 2002 THIS BID IS SUBMITTED TO: . .. I • 1 Bonestroo,Rowse,Aitderlik&Asoclates,Inc. I Attention; Karen Erickson '1 2335 West Highway 36 St.Paul,MN 55113 r 1 . 1 � 1.01 The undersigned Bidder proposes and agrees, � grees.if this Bid is accepted,to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and 1 within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 11 ' 1 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidden, • • II including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 f days after the Bid opening,or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 1 '3.01 In submitting this Bid,Bidder represents,as set forth in the Agreement,that: 1 A. Bidder has examined and carefully studied the Bidding Documents,the other related data identified in the Bidding Documents,and the following Addenda,receipt of all which is hereby acknowledged. IAddenijunka, Addendum Date .. . V I ( -. ' ),aMa .. B. Bidder has visited the Site and become familiar with and is satisfied as to the general,local and Site conditions that may affect cost,progress,and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal,state and local Laws and Regulations that may affect . Cost,progress and performance of the Work. 1t • • - .4:4,4:0.4,4 • "s,*4' 4;...F 002119btDFOM1 - - - 004104 t t IBURSCHVILLE CONST . . TEL :763-497-4266 Sep 13 '02 8 :28 No .001 P .03 . -I D.• Bidder has carefully studied all: (1)reports of explorations and tests of subsurface conditions at or v II contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface • structures at or contiguous to the Site(except Underground Facilities)which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions,and(2)reports and . drawings of it Hazardous Environmental Condition,if any,which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. ' • • Bidder has obtained and carefully studied(or assumes responsibility for having done so)all additional or supplementary examinations,investigations,explorations,tests,studies and data concerning conditions I (surface,subsurface and Underground Facilities)at or contiguous to the Site which may affect cost,progress. ii 1 or performance of the Work or which relate to any aspect of the means,methods,techniques,sequences,and 1 procedures of construction to be employed by Bidder,including applying the specific means,methods, i techniques,sequences,and procedures of construction expressly required by the Bidding Documents to bb employed by Bidder,and safety precautions and programs incident thereto. F, Bidder does not consider that any further examinations,investigations,explorations,tests,studies,or data are. • I I necessary for the determination of this Bid for performance of the Work at the price(s)bid and within the times and in accordance with the other terms and conditions of the Bidding Documents, • G. . Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates . I to the Work as indicated in•the Bidding Documents. Bidder has correlated the information known to Bidder,information and obervations obtained from visits to • the Site,reports and drawings identified in the Bidding Documents,and all additional examinations, • investigations,explorations,tests,studies,and data with the Bidding Documents. • I. Bidder has given ENGINEER written notice of all conflicts,errors,ambiguities,or discrepancies that Bidder has discovered in the Bidding Documents,and the written resolution thereof by ENGINEER is acceptable to • • Bidder. I J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and • • I i conditions for the performance of the Work for which this Bid is submitted. .4.01 Bidder further represents that: • IA. The prices in this Bid have been arrived at independently,without consultation,communication or agreement- . as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of :restricting competition. • B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to I opening of the Bids. • • C. No attempt has been made or will be made by the t Bidder • a induce any other person or firm to submit or not I to submit a Bid for the purpose of restricting competition. j , .w. Most s t a p O R i a . 004t0-2 `"` ;, r -v IBURSCHVILLE CONST . . TEL :763-497-4266 Sep 13 '02 8 :28 No .001 P .04 4 -rc 4ltt+4Wa ' 4.02 Bidder understands that the law may require the OWNER.or ENGINEER at the OWNER'S : ,:L'-`an I 1 investigation and submit an evaluation concerning Bidder's responsiveness, Nd qualifications direction,to for away in contract. Bidder hereby waives any and all claims,of whatever nature,against OWNER.ENGINEER u and their employees and I agents.which arise out of or relate to such investigation and evaluation,and statements made as a result thereof,except for I statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. • I 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): I 1 All specific cash allowances are included in the price(s)set forth below and have been conwuted accordance with paragraph 11.02 of the General Conditions. to Unit Prices have been computed in accordance with paragraph 11.03.8 of the General Conditions I Bidder acknowledges that estimated quantities are not guaranteed,and are solely for the purpose of I comparison of Bids,and final payment for all Unit Price Bid items will be based on actual quantities I provided.determined as provided in the Contract Documents. I1 No. Item Units Qty Unit Prce Total C' .. 1 Base BIM I 1 1 Mobilization LS 1 $_4000.a° $____40j2044t6, 2 Bypass pumping LS 1 $ •Qo $ . 3 Remove 8"sanitary sewer pipe LP 725$_ lb.ata $ Z. 1 4 Remove sanitary manhole base section EA S Remove 12"carrier pipe LF 20$ iO,co 6 Salvage auto sign and deliver to autobody LS I $ • shop - - $_ �C�t9. 7 Core drill connection to existing manhole EA 2$ 4-tom.po $___20,,,,, m .. 8 8"PVC sanitary sewer,SDR 35, 12'-14' deep LF 20$ $ 9 12"PVC unitary sewer,SDR 35, l0'-12' LF deep' 25$ Zhl $ 10 122"p VC sanitary sewer,SDR 35, 12'-14' LF 326$g__ $ g 11 12"PVC sanitary sewer,SDR 35, 14'46' LF p 8.375$_ 2 cxa $ 43 5" .. .: ... I 12 8" dee PVC p lu 8 EA 1 $_ 0-64vcac) $ .es".7, . 13 20"steel casing pipe: �: r•r- Le`. syd111f1rt i1 . K. .i 00410-3 `` ::" MD FON4 ''t . "''- IBURSCHVILLE CONST . . TEL Sep 13 '02 8 :29 No .001 P .05 11 I .f 1 No. Item Unite 707- t]n(t Price Total Price 14 Salvage and reinstall sanitary tart manhole EA 1 S 7 •. ,i 1S Base section for 4'Dfa.sanitary 114/1 EA # • 1 $ , 16 12"x4"PVC Wye,SDR33 • t 17 . Reconnect sanitary sewer service EA 1 $ 18 $ A g g Te g a t e base,Class 5,100 ,crushed- TN driveways 145$ • I • -! 19 Seeding.incl seed,mulch and disk anchor AC 1 $--.4 20 Silt fence,regular LF g00$ .c $ 21 Closed circuit TV inspection LF 725 4 Total Base Bid ti It ,.....1 . i • • •I . • , ."4.f. w►n. .. - .:. 00410.4 .. BURSCHUILLE CONST . . TEL : 763-497-4266 Sep 13 '02 8 :29 No .001 P .06 1 t:Tj .• ... ... , . „..... . vi. 1 . :: . ,. • 6.01 Bidder a 1 with l that the Work will be substantially completed and completed and ready for final payment in accordance P graph 14.07.E of the General Conditions on or before the dates or within the number of calendar days indic x the Agreement Y indicated in • { 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the WOrk► ! within the times specified above,which shall be stated in the Agreement. k k • • 7.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders,the • f General Conditions,and the Supplementary Conditions. SUBMITTED ED on r ci ,20Q •• 1 If Bidder Is: • An I ndivi, ; IName(typed or printed): • • . . By: (SEAL) (Individual's signature) .Doing business as: . . Business address: I Phone • No ; • .. Fax No.: I . • il 1 5502119a11)11O1DA IBURSCHVILLE CONST . . TEL :763-497-4266 Sep 13 '02 8 :30 No .001 P .07 1...„ 1 . • . . . . ,.. haitliMag . Partnership Name: . By: (Signature o€general partner) . Name(typed or printed): I Business address: i. Phone No.; Fax No.: , I I . Corporation Name: $A_ '_ 11 1 ige 1I t L ' .��11r M (S ) State of Incorporation: TM(General Business,Professia , Professional,Service,Limited Liability): /O..- .. tb,. 0-____, (Signature) IName(typed or printed). in .- • Tula: .`.___. Attest . .1a.ta;T. II Ai Ail.ldtIL (S ttu ty.f Corporate Secretary) (CORPORATE SEAL) I Business address: S ■ h ' ) i lb IL I • a v ,r r 1 ` .P h o n e No.: 1(0 6-LP 7- Fax I ,:. . .y No.: ���— l[ alat) 1 w»Iro�re�arti.... .p BURSCHVILLE CONST . . TEL :763-497-4266 Sew 13 '02_ _ 8 30 No .001 P .08 • Ill'm if :. Joint Venture Name: " (SEAL) IThZflaOfjotvenp ) .artnor Name(typed or printed): I Title: i Business address: 1 Phone Na.: Fax No.. . Joint Venturer Name: • ■ -(SEAL) By: } I (Signature) N (typed or printed): r Title: i 1 I Business address: I • • • Phone Na.; Fax No.; .. ii. Phony and Pax Number,and Address for receipt •. xe�pt of official communications: I (Each joint venturer must sign. The meaner of signing for each indi vi the joint venture should be in the manner indicated above), dual,partnership,and corporation that is a party ii END OF DOCUMENT 1 DOCUMENT 00520 ' AGREEMENT FORM THIS AGREEMENT is by and between the City of Oak Park Heights(hereinafter called OWNER)and Burschville Construction,Inc.,(hereinafter called CONTRACTOR). OWNER and CONTRACTOR,in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1-WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as municipal utility construction for the Project Titled: 60th Street North Sanitary Sewer Improvements. ' ARTICLE 2-ENGINEER 2.01 The Project has been designed by Bonestroo,Rosene,Anderlik and Associates,2335 West Highway 36,St.Paul,MN 55113, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities,and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ' ARTICLE 3-CONTRACT TIMES ' 3.01 Time of the Essence A. All time limits for Milestones,if any,Substantial Completion,and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02Days to Achieve Substantial Completion and Final Payment A. The work will be completed within the time limits established in Division 1—Section 01100-SUMMARY. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays,expense,and difficulties ' involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly,instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty), CONTRACTOR shall pay OWNER $200.00 for each day that expires after the time specified in paragraph 3.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect,refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER$300.00 for each day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ' ARTICLE 4-CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit for an Original Contract Amount of$46,806.00 or Forty-Six Thousand Eight Hundred Six Dollars and No Cents for all the Base Bid Item's. 55-02-119 ©2002 Bonestroo,Rosene, 00520-1 Anderlik&Associates,Inc. AGREEMENT FORM ARTICLE 5-PAYMENT PROCEDURES 5.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. ' Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.02 Progress Payments;Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER,monthly during performance of the Work as provided in paragraphs 5.02.A.1 and 5.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions(and in the case of Unit Price Work based on the number of units completed)or,in the event there is no schedule of values,as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but,in each case,less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold,in accordance with paragraph 14.02 of the General Conditions: a. 95%of Work completed(with the balance being retainage). b. 95 %of cost of materials and equipment not incorporated in the Work(with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 100%of the Work completed,less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 100% of ENGINEER's estimate of the value of Work to be ' completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 5.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 6-INTEREST 6.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate the maximum rate allowed by law at the place of the Project. ARTICLE 7-CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress,and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost,progress,and performance of the Work. I 55-02-119 ©2002 Bonestroo,Rosene, 00520-2 Anderlik&Associates,Inc. AGREEMENT FORM 1 D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site(except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and(2)reports and drawings of a Hazardous Environmental Condition,if any,at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. ' E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations,investigations,explorations,tests,studies,and data concerning conditions(surface,subsurface,and Underground Facilities)at or contiguous to the Site which may affect cost,progress,or performance of the Work or which relate to any aspect of the means,methods,techniques,sequences,and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR,and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations,investigations,explorations,tests,studies,or data are necessary for the performance of the Work at the Contract Price,-within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations,explorations,tests,studies,and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8-CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1 1. This Agreement. 2. Performance Bond,Payment Bond and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications. 6. Drawings bearing the following general title:60th Street North Sanitary Sewer Improvements; 7. Addenda(Numbers One to Two,inclusive); I 55-02-119 ©2002 Bonestroo,Rosene, 00520-3 Anderlik&Associates,Inc. AGREEMENT FORM I 8. Exhibits to this Agreement(enumerated as follows): a. Notice to Proceed. b. CONTRACTOR's Bid Form. c. Documentation submitted by CONTRACTOR prior to Notice of Award. d. Any modification,including Change Orders,duly delivered after execution of agreement. ' 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 8.01.A are attached to this Agreement(except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 8. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 9-MISCELLANEOUS 9.01 Terms used in this Agreement will have the meanings indicated in the General Conditions. 9.02 No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto,its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. I I 55-02-119 ©2002 Bonestroo,Rosene, 00520-4 Anderlik&Associates,Inc. AGREEMENT FORM I IIN WITNESS WHEREOF,OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by IOWNER and CONTRACTOR or on their behalf. This Agreement will be effective on,7thCer ii r2 7 , (which is the Effective Date of the Agreement). IOWNER• CONTRACTOR: Cit of r A . - Minnesota Burschville Construction,Inc. By: kgrAgfddrfrEW Welts ' ; B .j►y el- 0._ I ~1 [SEAL] [CORPORATE SEAL] Attest i GZ'y � Attest _4_111,4 .�i _ I it !� k I Address for giving notices: Address for giving notices: I /VP,7 / / <,1 ie;>i�o' // 13-2/-1c % 0,4140 r}" "_t NE po Cox (Les) `ice-X 4 7 i( / -..mss ///;Y s � t'niir-_,r I NI 1v 5J31-i ILicense No. N A— (Where applicable) IAgent for service of process: I (If CONTRACTOR is a corporation or a partnership,attach evidence of authority to sign.) IDesignated Representative: Designated Representative: Name: Name: ITitle: Title: Address: Address: IPhone: Phone: Facsimile: Facsimile: I END OF DOCUMENT I I55-02-119 ©2002 Bonestroo,Rosene, 00520-5 Anderlik&Associates,Inc. AGREEMENT FORM I IDOCUMENT 00800 SUPPLEMENTARY CONDITIONS of the These Supplementary Conditions amend or supplement the tandard General of itio Contract Construction Contract (No. 1910-8, 1996 Edition) and provisions Documents as indicated below. All provisions, which are not so amended or supplemented remain in full force and effect. I Supplementary Conditions will have the meanings indicated in the The terms used in these S pp �Y General Conditions. Additional terms used in these Supplementary Conditions have the Imeanings indicated below,which are applicable to both the singular and plural thereof. ARTICLE 1 -DEFINITIONS AND TERMINOLOGY SC-1.02 Add the following new paragraph immediately after Paragraph 1.02.E: IF. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the CONTRACTOR, unless specifically noted otherwise. The words"shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 -PRELIMINARY MATTERS SC 2.02.A Amend the first sentence of Paragraph 2.02.A by striking out the word "ten" and I inserting the word"five." SC-2.05.0 Paragraph Delete Para a h 2.05.0 in its entirety and insert the following in its place: I C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR n shall deliver to OWNER, with copies to ENGINEER and to each additional s r dWNERi identified in I the Supplementary Conditions, certificates of insurance, on forms acceptable reflect the proper evidence of insurance which CONTRACTOR is required to purchase and maintain in accordance with Article 5. IARTICLE 4 - AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS ISC-4.02 Add the following new paragraphs immediately after Paragraph 4.02.B: I C. Copies of reports and drawings itemized in SC-4.02.0 that are not included with Bidding Documents may be examined at the office of ENGINEER I during regular business hours. These reports and drawings are not part of the Contract Document, but the "technical data" contained therein upon which the CONTRACTOR may rely as identified and established above are incorporated by reference. CONTRACTOR is not entitled to rely upon other information and data Iutilized by ENGINEER and ENGINEER's Consultants in the preparation of 55-02-119 00800-1 ' ©2002 Bonestroo,ROSenc, SUPPLEMENTARY CONDITIONS Anderlik&Associ sociates,Inc. AMMO• Drawings and Specifications. ARTICLE 5 -BONDS AND INSURANCE- • SC-5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate performance and payment bonds should be submitted utilizing Number 1910-28A and 1910-28-B (1996 Editions) or a similar bond form, fDapp o�d by OWNER. SC-5.02 Add the following new paragraphs immediately after Paragraph 5.02.A: . B. All insurance carriers shall be licensed to do business in th have at least an A+rating from Best's or its equivalent. the State of Minnesota and C. All insurance policies shall be subject to approval J PP al of the OWNER. SC-5.03.A Delete Paragraph 5.03.A in its entirety and insert the following in its place: A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance,on duplicate I forms acceptable to OWNER, which provide evidence that CONTRACTOR has purchased and is maintaining the insurance which CONTRACTOR is required to purchase and maintain. • B. All certificates of insurance by the insurance carriers shall be in the OWNERS f possession ten (10) days before the start of the project: 1. Certificates of insurance shall be submitted on Standard Form C.I.C.C.-701 or ACORD 25 forms. SC-5.04. Add the following new paragraph immediately after Paragraph 5.04.B: , C. The limits of liability for the insurance required by Paragraph 5.04 shall provide coverage for not less than the following amounts or greater where required by law and I regulations: 1. Worker's Compensation Insurance Coverage A - Statutory Coverage B - $500,000 each accident $500,000 disease-policy limit $500,000 disease-each employee 55-02-119 ' ©2002 Bonestroo,Rosene, 0080 -2 Anderlik&Associates,Inc. SUPPLEMENTARY CONDITIONS I • I • I2. Commercial General Liability $1,000,000 General Aggregate I $1,000,000 Products/Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury 3. Comprehensive Automobile Liability $1,000,000 Combined single limit-bodily injury and property damage. IAll owned, non-owned and hired vehicles. 4. Umbrella Excess Liability I $1,000,000 Each Occurrence $1,000,000 Aggregate IUmbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General liability, Comprehensive Automobile Liability and Employers Liability. 5. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella I Excess Liability.This coverage shall be primary and noncontributory. IOWNER ENGINEER I6. The basic exclusions for damage caused by explosion, collapse and damage to underground facilities, commonly known as X, C,U exclusions,be removed from I 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 aboveground 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. SC-5.06.A Amend the first sentence of Paragraph 5.06.A. to read: A. CONTRACTOR shall purchase and maintain during the entire construction I period, a Builders Risk property insurance policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph ' 5.06.A.1 through 5.06.A.7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by CONTRACTOR, Subcontractor or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that CONTRACTOR shall act as fiduciary for the• ' ureds as their interest may appear, and adjust the loss with the insurance company. insureds, I 55-02-119 00800-3 ©2002 Bonestroo,Rosene, SUPPLEMENTARY CONDITIONS ' Anderlik&Associates,Inc. 1 SC-5.06.A Add the following new Item 5.06.A.7: 8. The Builder's Risk Insurance required herein shall apply to projects 1 involving construction of structures and buildings only. The requirements of this section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work, but any damage or loss to property.shall be at the sole responsibility of CONTRACTOR until final acceptance I p ce of the.Work. ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES I SC-6.08.A. Amend the first sentence of Paragraph 6.08.A by replacing the words "the. Supplementary Conditions"with the words "Division 1 -General Requirements." ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION SC-9.03 Add the following new paragraphs imme g immediately after Paragraph 9.03.A: B. ENGINEER shall furnish a Resident Project Representative ("RPR") to assist ENGINEER in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC-13.07.A. Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the word"two years." 1 ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.B.5 Add the following new item immediately g y after Item 14.02.B.5.d: e. CONTRACTOR'S failure to make acceptable submittals in accordance I with the accepted schedules. ARTICLE 16—DISPUTE RESOLUTION SC-16 Add the following new paragraphs immediately after Paragraph 16.01: SC-16.02 Arbitration A. All Claims or counterclaims, disputes, or other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof(except for Claims which have been waived by the making or acceptance of final payment as provided by Paragraph 14.09) will be decided by binding arbitration in 111 accordance with the Construction Industry Rules of the American Arbitration Association then obtaining, subject to the limitations of this Paragraph SC-16.02. This agreement to 55-02-119 00800-4 ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. SUPPLEMENTARY CONDITIONS 1 Iarbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. IB. No demand for arbitration of any Claim or counterclaim,dispute,or other matter that is required to be referred to ENGINEER initially for decision in accordance with Paragraph 9.09 will be made until the earlier of: (i) the date on which ENGINEER has rendered a written decision, or (ii) the 31st day after the parties have presented their final evidence to ENGINEER if a written decision has not been rendered by ENGINEER before Ithat date. No demand for arbitration of any such Claim or counterclaim, dispute, or other matter will be made later than 30 days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with Paragraph 10.05; and the failure to Idemand arbitration within said 30 day period will result in ENGINEER'S decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence I but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. C. Notice of the demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator, and a copy will be sent to ENGINEER for I information. The demand for arbitration will be made within the 30 day period specified in Paragraph SC-16.02.B, and in all other cases within a reasonable time after the Claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such ' demand be made after the date when institution of legal or equitable proceedings based on such Claim or other dispute or matter in question would be barred by the applicable statue I of limitations. D. Except as provided in Paragraph SC-16.02.E, no arbitration arising out of or relating to the Contract Documents shall include by consolidation,joinder, or in any other manner any other individual or entity (including ENGINEER, and ENGINEER'S Consultants and the officers, directors, partners, agents, employees or consultants of any of them)who is not a party to this Contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration;and 2. such other individual or entity is substantially involved in a question of law ' or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings; and I 3. the written consent of the other individual or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion,which consent shall ' make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with not specifically identified in such consent. any party P Y I 55-02-119 00800-5 I ©2002 Bonestroo,Rosene, SUPPLEMENTARY CONDITIONS Anderlik&Associates,Inc. i E. Notwithstanding Paragraph SC-16.02.D, if a Claim or counterclaim, dispute, or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party I to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by Paragraph 6.06.G a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this Paragraph SC- 16.02.E I or in the provisions of such subcontract consenting to joinder shall create any claim , right, or cause of action in favor of Subcontractor and against OWNER, ENGINEER, or I ENGINEER's Consultants that does not otherwise exist. F. The award rendered by the arbitrators will be final, judgment may be entered I upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. I END OF DOCUMENT 1 1 1 1 1 55-02-119 , ©2002 Bonestroo,Rosene, 00800-6 Anderlik&Associates,Inc. SUPPLEMENTARY CONDITIONS I ISECTION 01100 I SUMMARY • PART 1 - GENERAL I1.01 SECTION INCLUDES IA. Basic description of the Project, and Work restrictions. 1 1.02 SUMMARY OF WORK Project Name: 60th Street North Sanitary Sewer Improvements. IA. B. Description of Work: This work consists of the removal and replacement of sanitary sewer and structures. I1.03 COMPLETION DATES IA. Completion Dates: The removal and installation of the sanitary sewer shall be completed by I1. October 15, 2002. ▪ The restoration of the site and final clean up shall be completed by October 31, 2002. ▪ All required testing and televising shall be completed by November 27, 2002. 1.04 LIQUIDATED DAMAGES Provisions for liquidated damages,if any, are set forth in the Agreement. IA. 1.05 WORK RESTRICTIONS IA. Use of Site: Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction should be decided upon at the Ii. pre-construction meeting and shall be removed upon completion of work. 2. CONTRACTOR responsible for snow removal and disposal from the I OWNER'S property if necessary to maintain access and working space during construction. 55-02-119 I ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 01100-1 SUMMARY 3. Keep existing driveways and entrances clear and available to the public and to the OWNER. PART 2-PRODUCTS • Not Used ' PART 3 -EXECUTION 3.1 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included ' in the TOTAL BASE BID. END OF SECTION • 55-02 L'inAestroo.,aRoseInne, A 200 Ander 01100-2 SUMMARY , 1 - ' SECTION 01200 ' PRICE AND PAYMENT PROCEDURES PART 1 - GENERAL ' 1.01 SECTION INCLUDES ' A. Administrative and procedural requirements for allowances, alternates, pricing of work, and request for payment procedures. 1 1.02 ALLOWANCES A. Cash allowances have been included throughout the Technical Sections. These allowances are to be used for bidding purposes. Allowance costs in excess of the funds provided shall be paid by change order. credited closeout OWNER by change order. ' funds not authorized for payment will be t 1.03 ALTERNATES ' Not Applicable. ' 1.04 UNIT PRICES A. Provide access and assist ENGINEER in determining actual quantities of Unit Price ' Work. B. Provide documentation to substantiate Unit Price Work. C. If the CONTRACTOR delivers and places more of any material that is paid for on a unit price basis than is required wasted to perform deducted from the f final measurement for to be wasted, the quantity wast that Bid Item. ' 1.05 PAYMENT PROCEDURES A. ENGINEER will provide initial application for payment form at the Preconstruction ' Conference. • B. Submit one preliminary copy of progress payment application for review consistent ' with Article 14 of the General Conditions. Submit four signed copies of application for payment to ENGINEER prior to the dates identified at the Preconstruction ' Conference. 1 55-02-119 ©2002 Bonestroo,Rosene, PRICE AND PAYMENT PROCEDURES ' Anderlik&Associates,Inc. 01200-1 1 C. Attach the following supporting documentation in addition to the requirements of • General Conditions Article 14: 1. Documentation to substantiate unit price work. 2. Updated construction schedule. PART 2 -PRODUCTS Not Used PART 3 -EXECUTION ' 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this END OF SECTION Section shall be incidental ncldental to the Project and included in the TOTAL BASE BID. 1 1 1 55-02-119 ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 01200-2 PRICE AND PAYMENT PROCEDURES I ISECTION 01310 IPROJECT MANAGEMENT AND COORDINATION I PART 1 - GENERAL I1.01 SECTIO N INCLUDES IA. General requirements for overall project coordination. UTILITIES I1.02 A. Notify Gopher State One Call before starting construction in a given area,requesting Iutility locates in the field. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be in the vicinity of the project site: 1. Water: City of Oak Park Heights,Public Works, Jay Johnson, 1 (651)439-4439. 2. Sanitary Sewer: City of Oak Park Heights,Public Works,Jay Johnson, (651) 439-4439. 3. Storm Sewer: City of Oak Park Heights,Public Works, Jay Johnson, I . (651)439-4439. 4. Electric: Xcel Energy, Art Nielsen—(651)-779-3135. 5. Gas: Xcel Energy,Dave Stillman - (612) 229-2589. 6. Telephone: Qwest,Tim Lange—(612) 221-5359: I7. Cable TV: Media One,Pat Wagner—(612) 531-4438. OWNER requires 48-hour notice for all utility interruptions. IC. 1.03 PERMITS I A. Apply for,obtain,and comply with other permits,licenses,and approvals,which may be required for the Project. I1.04 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide ENGINEER a minimum of 48-hours notice in advance of the need for establishing lines and grades,measurements,grade checks,and observation of Work. 55-02-119 PROJECT MANAGEMENT AND ®2002 Bonesto Rosen. 01310-1 COORDINATION IAnderlik&Associ ciates,Inc. 1.05 P ROJECT ME ETINGS A. Administrative Requirements: 1. Project Superintendent or persons designated by the CONTRACTOR to attend and participate in the project meetings shall have all required authority to commit the CONTRACTOR to solutions agreed upon in the project meetings. 2. ENGINEER will set the time and sites, and prepare the agenda for the meetings. 3. ENGINEER will prepare meeting minutes and distribute one copy to CONTRACTOR.Notify ENGINEER of inaccuracies or discrepancies in the 1 meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of Subcontractors, and Suppliers may be required. B. Preconstruction Conference: 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. • 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01310-1.07. C. Progress Meeting Procedures: 1. ENGINEER will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. 1.06 CONSTRUCTION SCHEDULING A. Sequencing and Scheduling: • 1. Schedule the work as necessary to comply with the Completion Dates set forth in the Agreement. 2. The CONTRACTOR is responsible to schedule and coordinate all necessary work with the private utility companies. I 55-02-119 m 2002 Bonestroo, , A0552:002 dlik&AssociatesRosene Inc. 01310-2 PROJECT MANAGEMENT AND COORDINATION 1 1. 07 SUBMITTALS Submit a minimum of four copies of shop drawings plus the quantity of copies the ' CONTRACTOR wants returned. IPART 2 A.-PRODUCTS Not Used ' PART 3 -EXECUTION ' 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 1 1 1 55-02-119 PROJECT MANAGEMENT AND m 2002 Bonestroo,Rosene, 01310_3 COORDINATION ' Anderlik&Associates,Inc. SECTION 01400 ' QUALITY REQUIREMENTS PART 1 -GENERAL 1.01 . SECTION IN CLUDES A. Information required for conformance to regulatory requirements. ' B. Quality Assurance. C. Procedures to measure and report the quality and performance of the Work. 1.02 REFERENCE STANDARDS � . Whenever reference is made to the Minnesota Department of Transportation ' Specifications, such reference shall mean "Standard Specifications for Highway Construction," 1988 Edition and all subsequent revisions and supplements. The word"ENGINEER" is understood to refer to the ENGINEER for the OWNER. 1 SUBMITTALS I1.03 A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by ENGINEER. B. Submit copies of laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. ' 1.04 WORKMANSHIP A. Comply with industry standards of the region except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise ' workmanship. ' 1.05 TESTS AND INSPECTIONS A. Conform to the requirements of Article 13 of the General Conditions except as ' modified herein. B. Notify ENGINEER 48-hours prior to expected time for operations requiring tests and ' inspections. 55-02-119 ' ©2002 Bonestroo,Rosene, 01400-1 QUALITY REQUIREMENTS Anderlik&Associates,Inc. C. Provide incidental labor and facilities to obtain and handle samples at site or source transport samples to laboratory, facilitate tests and inspections, and for storing and curing of test samples. , 1.06 LABORATORY REPORTS A. After each inspection and test, submit three copies oples of laboratory report to ENGINEER. B. Include: Date issued, project title and number, name of inspector, p , date and time of sampling or inspection,identification of product and specifications section,location in the project,type of inspection or test,date of test,results of tests,and conformance with Contract Documents. 1.07 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with ENGINEER and CONTRACTOR in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by ENGINEER,provide interpretation of test results. 1.08 LIMITS ON TESTING LABORATORY AUTHORITY ' A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the work. C. Laboratory may not assume any duties of CONTRACTOR. TOR. D. Laboratory has no authority to stop work. 1.09 MANUFACTURER'S CERTIFICATES A. If requested by ENGINEER, submit manufacturer's certificate with shop drawings, certifying that products meet or exceed specified requirements, executed by responsible officer. 55-02-119 ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 01400-2 QUALITY REQUIREMENTS 1 I1.10 MANUFACTURER'S HELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces . and installation;quality of workmanship;start-up;of equipment;and test,adjust,and balance of equipment. D PART 2 -PRO CT S ' Not Used PART 3 -EXECUTION 3.01 MEASUREMENT AND PAYMENT IA. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. 1 END OF SECTION 1 1 55-02-119 ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 01400-3 QUALITY REQUIREMENTS SECTION 01500 ' TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL ' 1.01 SECTION INCLUDES ' A. Temporary utilities and miscellaneous temporary facilities required during construction. 1.02 REFERENCES A. State of Minnesota, Department of Transportation "Standard Specifications for ' Construction" - 2000 Edition. B. The Minnesota Manual on Uniform Traffic Control Devices(MMUTCD)including the Field Manual on Temporary Traffic Control Zone Layouts—latest edition. ' PART 2 -PRODUCTS Not Used IPART 3 -EXECUTION ' 3.01 MOBILIZATION A. Move personnel, equipment,materials and all other items required to complete the ' Work to the Site. B. Establish CONTRACTOR offices and building or other facilities necessary for work on the Project. Temporarily hold or relocate utilities,and any miscellaneous structures such as signs, IC. power poles, guy wires and mailboxes disturbed. 3.02 TEMPORARY UTILITIES A. Temporary Water for Construction: 1. Use of new or existing hydrants is prohibited except for testing and flushing of newly installed mains. ' 2. Obtain water for construction from locations designated by the OWNER. 55-02-119 TEMPORARY FACILITIES ' 2002 Bonestroo,Rosen A nderlik&Associates,Inc.c. 01500-1 AND CONTROLS 3.03 TEMPORARY CONSTRUCTION A. Pumping and Dewatering: 1. Provide draining,pumping,dewatering,and cleaning operations necessary to complete the Work. • ' 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the work.Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. I 3.04 TRAFFIC CONTROL A. Provide and maintain all traffic control devices needed to guide, warn, control and protect traffic throughout the project area. All traffic control devices and other protective measures shall conform to MMUTCD. B. Remove traffic control devices at the conclusion of the Work. ' C. Flaggers are required to protect construction vehicles during unloading construction materials. Conform to the requirements of the MMUTCD,the Flagging Handbook ' included in the Field Manual for Temporary Traffic Control Zone Layouts, and the following: while on duty, flaggers shall wear hard hats and reflectorized florescent orange rests; and flaggers shall be fully clothed when on duty with shirt or blouse, slacks or trouser, and sturdy shoes. D. Field Quality Control: ' 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. 2. Furnish names,addresses,and phone numbers of at least three(3)individuals responsible for the placement and maintenance of traffic control devices. At least one of these individuals shall be"on call"24 hours per day,seven days per week, during the time any traffic control devices furnished and installed by the CONTRACTOR are in place. ' 3. Provide access for emergency vehicles and busses to all residences at all times. 55-02-119 ©2002 Bonestroo,Rosene, TEMPORARY FACILITIES Anderlik&Associates,Inc. 01 500-2 AND CONTROLS ■ I 4. Respond to any request from the ENGINEER to improve or correct the usage of traffic control devices on,or related to,this project,within one(1)hour of Ithe time of notification. 5. Keep all traffic control signs and devices in a legible condition. This shall I include, but not be limited to, removing grime and dust deposited on any device by traffic or natural causes, or when requested by ENGINEER. I3.05 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers: 1. Provide temporary covers, enclosures, markers, and barriers as necessary to Iprotect Work. 2. Damage to the site caused by removal of temporary fencing including postholes, shall be promptly repaired by CONTRACTOR. During removal, Iat no time shall the work remain unattended if a dangerous condition exists because of incomplete removal or site repairing. I3.06 MEASUREMENT AND PAYMENT IA. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs to complete the project. IB. All other items in this Section are considered incidental to the Base Bid. I END OF SECTION I I I I I 55-02-119 TEMPORARY FACILITIES A 2002 Bones so i tes, nc. 01500-3 AND CONTROLS Anderlik&Associates,Inc. SECTION 01570 ' EROSION AND SEDIMENT CONTROL PART 1 - GENERAL ' 1.01 SECTION INCLUDES A. Temporary measures to control soil erosion and sedimentation. 1.02 RELATED SECTIONS A. Section 02920—Lawns and Grasses. 1.03 REFERENCES A. Minnesota,Department of Transportation"Standard Specifications for Construction," 1988 Edition and the Supplement Specifications dated May 2, 1994, (Mn/DOT Spec.): ' 1. Section 1803 —Prosecution of Work. 2. Section 2573 —Temporary Erosion Control. 3. Technical Memorandum No. 99-23-ENV-03 &Attachment. 4. Technical Memorandum No. 99-27-ENV-05. ' B. American Society of Testing and Materials (ASTM): 1. D4355 —Test Method for Deterioration of Geotextiles from Exposure to ' Ultraviolet Light and Water. 2. D4491—Test Methods for Water Permeability of Geotextiles by Permitivity. 3. D4632— Test Method for Breaking Load and Elongation of Geotextiles. ' 4. D4751 — Test Method for Determining the Apparent Opening Size of a Geotextile. 1 ' 55-02-119 ©2002 Bonestroo,Rosene, 01570-1 EROSION AND SEDIMENT CONTROL Anderlik&Associates,Inc. 1 1.04 PERMITS A. General: ' 1. This project does not disturb five or more acres of total land area. Submission of the application for the MPCA's General Storm Water Permit for Construction Activity is not required. 1.05 SEQUENCING AND SCHEDULING 1 A. Conform to MnDOT Spec. 1803.5: 1. Submit for approval,the plan of operations for accomplishing temporary ry and permanent erosion control. 2. Erosion control measures to be installed prior to any grading activities. 3. Permanent erosion control measures are to be installed when deemed appropriate during the grading process. B. CONTRACTOR is responsible for the establishment of permanent turf in accordance with Section 02920 -Lawns and Grasses to prevent excessive soil erosion. C. Remove silt fence installations after the site has become stabilized and turf i developed to the extent that future erosion is unlikely: is 1. Any ridge or depression left as a result of fence removal will be appropriately repaired and restored. p y 2. Materials remaining after removal shall become the ro ert of CONTRACTOR and shall be disposed of off the construction site. the PART 2-PRODUCTS 2.01 SILT FENCE , A. Machine Sliced Silt Fence: 1. Geotextile Fabric: Monofilament/tape (vertical/horizontal respectively) or Monofilament/Monofilament Geotextile with the following physical , properties: a. Grab Tensile Strength (ASTM D4632): 130 lb. I b. Flow Rate (ASTM D4491): 100 gal/min/sq. ft. © 55-02-119 2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 01570-2 EROSION AND SEDIMENT CONTROL 1 1 • c. Apparent Opening Size (ASTM D4751): #30—40 sieve. ' d. Width: 36 inches. ' e. Ultraviolet Resistance (ASTM D4355): 70%. f. Furnish geotextile with protective wrapping to protect the fabric from ' ultraviolet radiation and abrasion due to shipping and handling. B. Standard Silt Fence: Geotextile Fabric:Woven wire fabric with the following physical properties: Ii. a. Grab Tensile Strength (ASTM D4632): 100 lb. b. Apparent Opening Size (ASTM D4751): #20—70 sieve. c. Width: 36 inches. ' d. Ultraviolet Resistance(ASTM D4355): 70%. e. Furnish geotextile with protective wrapping to protect the fabric from ' ultraviolet radiation and abrasion due to shipping and handling. ' 2. Posts: 2 inch by 2 inch wood. ' PART 3 -EXECUTION 3.01 INSTALLATION ' A. Silt Fence: 1. Silt fences will be installed in the locations shown on the Drawings and ' according to the manufacturer's specifications. 2. If the silt fence is longer than 600 feet, it length less than 600 feetp separate a independent units, with each unit having g All splices shall be avoided whenever possible. If necessary, splices will be ' made at a fence post and according to the manufacturer's specifications. 55-02-119 ©2002 Bonestroo,Rosene, 01570-3 EROSION AND SEDIMENT CONTROL Anderlik&Associates,Inc. 3.02 MAINTENANCE A. Conform to MnDOT Spec. 2573.3.D and as follows: ' • 1. CONTRACTOR is responsible for inspection,maintenance and repair of any washouts or accumulations of sediment that occur as a result of the grading or I construction. Restoration consists of grade repair,turf reestablishment and street sweeping of mud and debris tracked from the site. 2. CONTRACTOR is responsible for the 'al P maintenance and repair of all temporary erosion control devices. 3. Inspection of all erosion control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately: a. If the bale checks continue to be required for an extended period of time, they are to be replaced after 3 months and as necessary. 3.03 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Standard Silt Fence. Measurement will be along the base of the fence from outside to outside of the end posts for each section of fence. Payment will constitute compensation in full for all work and cost to.furnish and install and remove material in place. B. There is no bid item for Street Sweeping. The CONTRACTOR is responsible p e for keeping 60th Street clean. C. All other work and cost of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION • 1 i 55-02-119 ' O 2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 01 570-4 EROSION AND SEDIMENT CONTROL 1 SECTION 01700 I IPART 1 - GENERAL 1.01 SECTION INCLUDES EXECUTION REQUIREMENTS 1.02 I A.SUBM Requirements ALS for overall execution of the Work and closeout of the contract for final payment. ITT A. Submit the following items consistent with the Conditions of the Contract and I Division 1 sections: PART 3 -EXECUTI I I I 1 I I I I I 1. Record ON Documents. 2. Written Notification of Substantial Completion and Executed Certificate of Substantial Completion. 3. PART 2 -PRODUCTS Not Used Written Notification of Final Completion,Final Application for Payment and IIC-134 Forms. 3.01 EXAMINATION 55-02-119 A. Acceptance of Conditions: By commencing Work, CONTRACTOR construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of work, CONTRACTOR will not commence work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. I m 2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 017004 EXECUTION REQUIREMENTS 1 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured , products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Install each element of work during weather conditions and nd project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. 3.03 STYE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all 11 other work areas free from dust.Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by ENGINEER. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If CONTRACTOR fails to maintain Site,ENGINNER will provide written notice of CONTRACTOR's defective Work.CONTRACTOR will be given 12-hours from the notice to clean Site. After the 12-hour period, OWNER may correct the defective work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect work in progress and adjoining work, during handlin g and installation. Apply protective covering on installed work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without I damage effects. 3.05 CUTTING AND PATCHING ' A. Complete all cutting, fitting and patching as necessary to join the new work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing 1 construction, or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. ' 55-02-119 m 2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 01700-2 EXECUTION REQUIREMENTS D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is ' loosened,cracked or otherwise damaged or defaced beyond repair as a result of work by the CONTRACTOR,will be considered unsuitable for the use intended,and shall ' be removed and replaced by the CONTRACTOR. 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 & 290.97 ' A. Upon completion on of the project and prior to final payment,the CONTRACTOR and P all Subcontractors shall complete Minnesota Department of Revenue Revised Form ' IC-134. This form,affidavit for obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions,is to be signed by a Department of Revenue representative and forwarded to the OWNER. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Forms Section, Centennial Office Building, St. Paul, Minnesota, 55145 or calling ' (651) 297-3737. 3.07 MEASUREMENT AND PAYMENT ' A. All work and costs of this section shall be incidental to the Project and included in the TOTOAL BASE BID. ' END OF SECTION 1 1 55-02-119 2002 Bonestroo,Rosen e, 01700-3 EXECUTION REQUIREMENTS ' nderlik&Associates,Incc.. SECTION 02225 ' REMOVALS PART 1 - GENERAL ' 1.01 SECTION INCLUDES ' A. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. ' 1.02 REFERENCES A. Minnesota Department of Transportation, "Standard Specifications for ' Construction," 1988 Edition and the Supplemental Specification dated May 2, 1994 (MnDOT Spec.): 1. Section 2104—Removing Miscellaneous Structures. ' 1.03 DEFINITIONS A. Remove: To take away,eliminate or remove from the Site by any method selected by ' the CONTRACTOR and to dispose of material. B. Salvage: To dismantle,disassemble,or remove carefully and without damage so the ' item can be re-assembled, replaced or reused in a workable condition equal to that existing before removal. C. Abandon: To fill,bulkhead or close off pipes and structures so that no settlement or flow can occur. 1.04 REGULATORY REQUIREMENTS A. Conform to MnDOT 2104.3C with the following modifications: 1. All materials designated for removal shall be disposed of outside the project area at sites to be selected by the CONTRACTOR. 2. All materials designated for salvage shall be stockpiled or temporary stored on sites to be provided by the CONTRACTOR. 1.05 PROJECT/SITE CONDITIONS ' A. This work consists of removing and replacing the existing sanitary sewer along 60th Street North. 55-02-119 ' m 2002 Bonestroo,Rosene, 022254 REMOVALS &Associates,Inc. 1.06 SCHEDULING A. Prior to starting work, submit for review by the approval OWNER,a schedule showing the commencement,orderENGINEER,and , and completion dates by of the the various parts of this work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage ' operations are completed within streets, driveways or parking lots. PART 2 -PRODUCTS ' Not Used ' PART 3 -EXECUTION 3.01 GENERAL , A. Dispose of all items removed, except for those items identified to be salvaged or recycled.Said disposal shall be in accordance with all laws,regulations,statutes,etc. B. Perform removal work without damage to adjacent retained work.Where such work is damaged,the CONTRACTOR shall patch,repair,or otherwise restore same to its original condition, at no expense to the OWNER. C. Remove debris from the work area as often as necessary, but less , not ss than at least once at the end of each work day. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the work in a careful and orderly manner,with the least possible disturbance to the public and occupants of buildings. I 3.02 EXAMINATION ' A. Meet with owners of signs to determine requirements for salvage, storage and replacement. I 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of work. All site fencing shall be in place prior to the start of any removal work. ' B. All street signs, traffic control signs, guy wires, mail boxes, posts, wood fence, etc. which may interfere with construction shall be removed,stored safely,and replaced. I 55-02-119 m 2002 Bonestroo,Rosene, 02225-2 Anderlik&Associates,Inc. REMOVALS 1 I Approved barriers or warning signs shall be provided as necessary. 1 D.Ic. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done,connections made,materials handled,or F. ' equipment moved. Conduct operations with minimum traffic interference. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals ffilledn open bly marked or day. Any hole within ten (10) feet of sidewalks shall be covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 REMOVE EXISTING PIPE A. Remove existing 8" sanitary sewer pipe: 1. Replace with new 12"PVC as grades and elevations shown on Drawings. B. Remove 12" carrier pipe from under billboard: 1. As the new 20" carrier pipe is being installed the existing 12" carrier pipe should be pushed out. i3.05 REMOVE SANITARY MANHOLE BASE SECTION A. Remove base section of 4.0' diameter sanitary manhole section. INSTALL SANITARY MANHOLE 3.06 SALVAGE AND RE A. Salvage manhole, except base section,as shown on Drawings. B. Reinstall at location shown on Drawings. C. Place new base section. 3.07 SALVAGE AUTO SIGN AND DELIVER TO AUTO BODY SHOP IA. Disconnect power to sign. B. Salvage sign. 55-02-119 REMOVALS m 2002 Bonestroo,Rosene, 02225-3 Anderlik&Associates,lnc. 1 C. Deliver sign to autobody shop. 3.08 RECONNECT SANITARY SERVICE A. Reconnect sewer service to new 12" sanitary sewer. 3.09 MEASUREMENT AND PAYMENT A. Bid Items have been provided on the Bid Form for Removal Items. Payment at the Bid Unit Price will be considered compensation in full for all work necessary to complete the item in full, including removal, salvage, storage or disposal, and reinstallation. B. Measurement will be based upon the units as listed below for items removed. No measurement will be made of any removals that are not required.The actual quantity removed multiplied by the appropriate Unit Prices will be compensation in full for all work and costs of the following items: 1. Remove 8" Sanitary Sewer Pipe: Per er Imear foot. 2. Remove 12" Carrier Pipe: Per linear foot. 3. Remove Sanitary Manhole Base Section: Per each section removed. 4. Salvage Auto Sign and Deliver to Autobody Shop: Per lump sum. 5. Salvage and Reinstall Sanitary Manhole: Per each. 6. Reconnect Sanitary Sewer Service: Per each. I C. All other work and cost of this section shall be incidental to the Total Base Bid. END OF SECTION i I 1 55-02-119 m 2002 Bonestroo,Rosene, Anderlik&Associates,lnc. 022254 REMOVALS SECTION 02230 SITE CLEARING PART 1 —GENERAL SECTION INCLUDES A. Removal of vegetation and stripping and stockpiling of topsoil. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specification for Construction," 1988 Edition and the Supplement Specifications dated May 2, 1994, (MnDOT Spec.): 1. MnDOT Spec. 2101 —Clearing and Grubbing. 2. MnDOT Spec. 2571 —Plant Installation. ' 1.03 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation isolated trees having g a diameter of 111 1.01 scythe or mowing machine, including small 4-inches or less at a point 2-feet above the ground surface. B. Clearing: Cutting, removing and disposing of trees, shrubs, bushes, windfalls, and other vegetation in the designated areas. C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. D. Tree Trimming/Pruning: Cutting broken, damaged or obstructing branches and installing wound dressing. 1.04 PROJECT/SITE CONDITIONS A. Work consists of removing vegetation along the sanitary alignment. B. Salvage and stockpile topsoil • 1.05 SEQUENCING AND SCHEDULING A. Complete before or sufficiently ahead of on-going rough grading, excavation, backfill, and compacting for utilities. B. Install temporary erosion control measures prior to work of this section. 55-02-119 m 2002 Bonestroo,Rosene, 02230-1 SITE CLEARING Anderlik&Associates,Inc. 1 PART 2—PRODUCTS Not Used PART 3 -EXECUTION 3.01 GENERAL A. Review removals in the field with the ENGINEER prior to doing work. Clearing limits will be clearly marked by the ENGINEER. B. Stockpile soil to eliminate contamination with other on-site materials. 3.02 CLEARING A. Clear existing vegetation along g g sanitary sewer alignment. 3.03 STRIPPING AND STOCKPILING OF SOIL A. Remove, salvage, and stockpile existing topsoil. B. Stockpile sufficient ' p ufficient topsoil to re-spread at a uniform depth of 4 inches to all disturbed areas identified for seeding or sodding. ' 3.04 DISPOSAL A. Stripped materials not used for embankments shall be disposed off site. B. On-site burial of any debris is not permitted. ' 3.05 PROTECTION A. Conduct operations so as not to damage surrounding g ng pnvate property. B. Protect trees intended to be saved from injury or defacement during operations: ' 1. Restrict widths of utility trenches. 2. Provide protective bracing, sheeting,g, or box to insure safe work conditions as incidental to contract. C. Exercise care to keep salvaged material as clean as possible during ng operations. 55-02-119 m 2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 02230-2 SITE CLEARING 1 3.06 MEASUREMENT AND PAYMENT A. Clearing of Vegetation: This work shall be incidental to the project. ' of Soil: This work shall be considered incidental to B. Stripping and Stockpiling o other work in the contract. C. All other work and cost of this Section shall be incidental to the Project. ' END OF SECTION 1 1 1 i i 55 02-119 SITE CLEARING Ander lik 2002 Bonestroo, tes, , 02230-3 ' A &Associates,Inc.In ■ I SECTION 02280 ADJUST MISCELLANEOUS STRUCTURES PART -GENERAL I 1 1.01 SECTION INCLUDES IA. Adjustment of utility structures. I1.02 RELATED SECTIONS A. Section 02530—Sanitary Sewer. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A48—Specification for Gray Iron Casting. I2. A240—Specification for Heat—Resisting Chromium—Nickel Stainless Steel Plate Sheet, and Strip for Pressure Vessels. I 3. —C6 Specification for Normal Finishing Hydrating Lime (Mortar). P I4. C141 — Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 5. C150—Specification for Portland Cement(Concrete Rings/Mortar). 6. C923—Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures,Pipes and Materials. 7. D1248 —Polyethylene Plastics Molding and Extrusion Materials. I 8. F593 —Specification for Stainless steel bolts,Hex Cap Screws and Studs. 9. F594—Specification for Stainless Steel Nuts. B. State of Minnesota Department of Transportation Specifications dated May 2,1994 ' Construction," 1988 Edition,and the Supplemental (MnDOT Spec.): I1. Section 2806—Manholes and Catch Basins. I2. Section 3733 - Geotextiles. 55-02-119 I A 2002 Bonestsoci Rosenc, 022804 ADJUST MISCELLANEOUS STRUCTURES Anderlik&Asociates,Inc. . I 1.04 DEFINITIONS I A. Adjust Frame and Ring Casting: A change in rim elevation accomplished for I manholes or catch basins through the addition or removal of adjustment rings only. Adjustment does not include the addition or removal of sections from the structure. B. Adjust Valve Box: A change in elevation of the top of the valve box accomplished through the raising or lowering of the existing top section of the valve box only. I Adjustment does not include the addition or removal of sections from the valve box. 1.05 SEQUENCING AND SCHEDULING I A. CONTRACTOR, ENGINEER, and OWNER shall inspect all existing structures prior to beginning construction. I B. OWNER will remove any foreign material found in the existing structures prior to construction. CONTRACTOR is responsible for removing any foreign material that I enters the structures during construction. PART 2 -PRODUCTS I 2.01 ADJUSTING RING I A. Concrete: 1. Size to match cone or opening in top slab. I 2. Concrete Compressive Strength: Minimum 3000 psi. I 3. Reinforcing: Single hoop 8 gauge steel wire. 4. Thickness: Minimum 2-inch, maximum 4-inch I . B. High-Density Polyethylene (HDPE)(Manholes): I 1. Molded high-density polyethylene conforming to ASTM D1248. I I I 55-02-119 I O 2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 02280-2 ADJUST MISCELLANEOUS STRUCTURES I I 2.02 ADHESION MATERIALS IA. Ram-Nek material, or equal. B. Mortar: 1. Standard Portland Cement: Type I, ASTM C150. I2. Normal Finishing Hydrated Lime: ASTM C6. 3. Hydraulic Hydrated Lime for Structural Purposes: ASTM C141. I One part cement to three parts mortar sand;Lime may be I 4. Mix Proportions: O p added to mixture: maximum amount 15% by volume. C. Sealant(for HDPE RINGS): 1. DOW 999—A building caulking and glazing sealant, or equal. 1 2. Open cell polyurethane foam sealant with adhesive backing. 2.03 CASTINGS IA. Manhole and Catch Basin Frames and Covers: 1. Requirement: ASTM A48. I 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. I3. Finish: Coal tar pitch varnish. 4. Finish Preparation: Sandblast. I5. Machine cover and frame contact surface for non-rocking protection. 6.. Type and Style:NEENAH R1642B or approved equal for sanitary and storm I sewer manholes, and NEENAH R3067V and R4342 or approved equal for I storm sewer catch basin manholes and catch basins. Covers without grate openings stamped with "SANITARY SEWER" or "STORM SEWER" as appropriate.Use 2-inch letters. 1 7. Solid manhole covers with two concealed pick holes of approved design. I 55-02-119 I A 2002 Bonestsoci tes,Rosene, 02280-3 ADJUST MISCELLANEOUS STRUCTURES Anderlik&Associates Inc. i I PART 3 —EXECUTION 3.01 GENERAL I A. The necessary vertical alignment will be determined by the ENGINEER, and generally as indicated on the schedule of adjustments. B. Where existing frame is within 0.10 feet of plan grade,no adjustment is to be made. C. The frame shall be raised or lowered to match the street or g utter. I D. Protect existing structures from damage. I E. Prevent sand, concrete, or any other debris from entering the structures. 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. CONTRACTOR verify exact location of existing utilities. I 3.03 ADJUST FRAME AND RING CASTING A. Remove all dirt, debris, dust, and other deleterious material from su I placement of first adjusting ring. dace pnor to B. Concrete Adjusting Ring: , 1. Mortar on top and bottom surfaces of all concrete adjusting rings; between I surface of top slab or cone and bottom ring; between surface of top ring and casting; on entire surface of area of ring with no gaps: Ia. Mortar Thickness: I/a to 1/2-inch. 2. No shims of any material allowed. I 3.. Required cross slope of casting to be achieved by varying thickness of mortar. 4. Do not plaster the inside surface of rings. 5. Wipe clean, all excess mortar from the joints inside all rings and frame. I 6. Remove all mortar spills from the structure. I 7. Minimum of two, maximum of five adjusting rings allowed. 55-02-119 I m 2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 02280_4 ADJUST MISCELLANEOUS STRUCTURES I ■ I I8. Use a 6" ring where applicable. IC. HDPE Adjusting Ring: 1. Remove all dirt,debris,dust and other deleterious material from surface prior Ito placement of first ring. 2. Install adhesive for adjusting rings as per the following: I Sealant Location of Sealant Type of Between casting and last ring: 33/4a-inch x 33/4a-inch open cell polyurethane I foam sealant and 1/-inch bead of DOW 999. I Between intermediate rings: 1/-inch bead of DOW 999. ' Between cone/top slab and first foam sealant nd�/-inch bead of DOW foam 999. a. Sealant to be placed around entire circumference of each unit with no gaps. 3. Utilize the flat and sloping units to match the required grade and slope of the area at the location of the structure. I 4. Minimum of two, maximum of five rings allowed. ' 5. Wrap entire casting and ring system section,geotextile wrap to exten d over a minimum length of 18 inches of the I cone. 3.04 FIELD QUALITY CONTROL A. Secure manholes and structures immediately after completion suitable or befo etsus de lion of operations at the end of working day with castings I B. Adjusted frame upward,with standard concrete adjustment rings of the same size as mortar bed. the cone or slab opening. Place each adjustment g and frame incidental a full to the adjust Adjusting rings needed to raise the casting to grade item. C. Adjust frame downward by removing the necessary nuuma r of grade. adjustment rings from mortar the structure and resetting the frame in a full mo I 55-02-119 I A 2002 Bonestsoci Rosen , 02280-5 ADJUST MISCELLANEOUS STRUCTURES Anderlik&Asociates,Inc. 1 D. Regardless of the direction of adjustment,no shims of any material will be allowed. I The minimum thickness of all mortar joints shall be at least 1/4 inch with a maximum allowable thickness of 1/2 inch. All excess mortar from the joint shall be wiped clean from the inside of all rings and frame 3.05 METHOD OF MEASUREMENT AND PAYMENT 1 A. Adjusting Manhole Frame and Ring Casting: Adjustment of the manhole frame and Ring castings in this contract are considered incidental to the re-installation of the 1 manhole. • B. Patch Voids Under Rings: This item is considered incidental to the project. C. All other work and cost of this Section shall be incidental to the Total Base Bid. 1 I END OF SECTION 111 I I I I I I I 1 55-02-119 1 ©2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 02280-6 ADJUST MISCELLANEOUS STRUCTURES 1 I ISECTION 02320 TRENCH EXCAVATION AND BACKFILL PART 1 —GENERAL I CTION INCLUDES 1.01 SE A. Trenching requirements for underground piping and appurtenances including I requirements for excavation,backfill and compaction. q • ' 1.02 RELATED SECTIONS IA. Section 01310—Project Management and Coordination. 1.03 REFERENCES I A. Minnesota Department of Transportation "Standard Specifications May 2, i on" 1988 Edition and the Supplemental Specifi cations Construction," I1994, (MnDOT Spec): Ii. Section 2105 —Excavation and Embankment. 2. Section 2451 —Structure Excavations and Backfills. I3. Section 3149—Granular Material. B. American Society of Testing Materials (ASTM): I1. D2321- Recommended Practice for Underground Installation of Flexible Thermoplastic Sewer Pipe. I2. D698-91 (1998)—Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft-lbf/ft). I1.04 SUBMITTALS IA. Submit the following items. I1. Gradation tests for imported bedding and foundation materials. 1.05 DEFINITIONS A. Bedding: The soil material adjacent to the pipe, which makes backfill.contact The purpose of I pipe foundation, walls of the trench and pp PP bedding is to secure the pipe to true line and grade and to provide structura l Isupport to the pipe barrel. 55-02-119 TRENCH EXCAVATION I 0 2002 Bonestroo,Rosene, AND BA EXCAVATION Anderlik&Associates,Inc. 02320-1 B. 1 Foundation: Soil material beneath the pipe bedding. C. Pipe Zone: That part of the trench below a distance of one foot the pipe. above the top of 1.06 SEQUENCING AND SCHEDULING A. Known. OWNER existing does underground utilities are shown on the Drawings in a general ' way not guarantee the locations as shown on the Drawings. CONTRACTOR shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction ' requesting utility locations in the field. In a given area, D. Provide continuance of flow of existing sewer and other facilities. Illtles. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 WARRANTY A. Trench settlements that occur during the correction ' period and are greater than 1 inch as measured by a 10-foot straight edge will be repaired in a manner acceptable to the OWNER at the CONTRACTOR'S expense. PART 2—PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC)Pipe and High Density Polyethylene (HDPE)Pipe: , 1. Comply with MnDOT 3149.2.B1 for granular borrow: a. 1"maximum aggregate size. B. Ductile Iron Pipe (DIP) and Reinforced Concrete Pipe (RCP): 1. Class C-1 Bedding: I a. Undisturbed soil. 55-02-119 111 m 2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 02320-2 TRENCH EXCAVATION AND BACKFILL ' 2.02 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec. 3149.2H Modified: 1. Crushing Requirements: At least 50% of the material, by weight, retained on the No. 4 sieve shall have one or more crushed faces. 2.03 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish,trees, stumps,branches, debris,frozen soil, oversize stone,concrete and bituminous chunks, and other similar unsuitable material. PART 3 —EXECUTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surface features, and document condition. 3.02 PREPARATION A. Call Utility Owners to field mark their utility locations. B. Protect as necessary surface features the plans utility poles, removed.trees, structures, pavement, etc. that are not design ated on P C. Notify Utility Companies of progress schedule so they can accomplish relocations and removals that they have agreed to perform. D. Implement traffic control. E. Strip off existing topsoil from within the trench excavation limits and stockpile. Separate vegetative strippings from topsoil and dispose of appropriately. F. Crossing Under Existing Utility Lines: 1. Use extreme care when excavating in the vicinity of nderground utility lines to avoid damage to protective coatings or surfaces. 2. Where possible and as authorized by the all the utility temporarily remove the Y utilit line, install the new pipe and reinstall i • 55-02-119 TRENCH EXCAVATION Anderlik 2002 Bonestroo,Rosene, AAND BACKFILL EXCAVATION nderlik&Associates,Inc.nc• 02320-3 3. Where existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100 percent standard Proctor density. • • 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Excavation: 1. Trench Construction: a. Excavate trench to alignment and rade shown g own on the Drawings. b. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted 111 properly. c. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100% of standard Proctor density. d. Brace, shore, or sheet ' applicable State Regulations relating to ndustrialesafety Comply a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. e. Pile all excavated material in a manner that will not endanger the work or obstruct sidewalks, driveways, gutters, etc. f. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under "Backfill Above Pipe Zone." g. Dispose of excess excavated materials off of right-of-ways and easements in a suitable site selected by the CONTRACTOR. ' h. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed b ENGINEER. by the 55 05 2 2-2 B119 onestroo,Rosene, Anderlik&Associates,Inc. 02320-4 TRENCH EXCAVATION AND BACKFII.L I I2. Dewater the ground as necessary to excavate the trench and install stall the pipe. All pipe and structures shall be laid in a dry condition prior the backfill. Maintain groundwater level a minimum of one footnb Slow the pipe invert. Measure the rate of flow from dewatering p p beginning of the dewatering operation(s) and once per week there after. IKeep a daily log of hours pumped. II 3 Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where, in the opinion of the unsatisfactory foundation conditions exist. excavation up to pthe grade with thoroughly compacted granular I d requirements of Improved Pipe Foundation Material. existing 4. Provide temporary support, remove, oUtllity shall reconstruct designate utilities located within the trench excavation. method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture or failure. to 5. Excavate to expose existing utilities that Gros in close location i suffic enhe Iplanned pipe line to determine the ahead of pipe installation to plan avoidance ve to the planned pipe 11 ne Measure to determine the utilities' location relatrade, and location to avoid location. A deviation from the alignment, g conflict may be ordered by the ENGINEER. ons 6. Improved Pipe Foundation: When unsatisfactory foundation c itions exist, excavate to a depth consisting of solid material s Fill to pipe with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. B. Pipe Bedding: 1. Pol inyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM I Y�' D2321. 2. Reinforced Concrete Pipe: Bed pipe in accordance with Class C-1 bedding. 3. Ductile Iron Pipe: Bed pipe in accordance with AWWA Standard C150 Iand C151. 4. Use only selected materials free from rock, boulders, debris,pipe.tRe high I void content substances to a level one foot above top ledge rock, boulders and large stones to provide at least 6-inch clearance from pipe. 55-02-119 TRENCH EXCAVATION AND BA EXCAVATION L I m 2002 Bonesrroo,Rosene, Anderlik&Associates,Inc. 02320-5 I 5. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. C. Backfill Within Pipe Zone: I 1. Backfill immediately after pipe is laid. 2. Backfill placed I p completely under pipe haunches in uniform layers not exceeding 4-inches in depth. I D. Backfill Above Pipe Zone: 1. Use suitable materials meeting the requirements of Backfill Mat enal I . 2. Place in uniform depth layers not to exceed 12 inches before compaction. 1 Complete the compaction of each layer before placing material for the succeeding layer. 3. Compact each layer by mechanical means until it meet s the requirementI requirements of MnDOT Specification 2105.3F1 "Specified Density Method." Trenches shall be compacted to a minimum of 95% except to 100% in the I upper 3 feet. • 4. The method and means of placement and type of compaction equipment I used is at the discretion of the CONTRACTOR. However, all portions of the trench backfill must meet minimum specified compaction requirements. I 5. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the OWNER. I 6. Excavated material not suitable or required for backfill shall be disposed of outside of the project limits. I 3.04 RESTRICTED TRENCH WIDTH A. Restrict width of trench to co I nform to construction limits indicated on the Drawings. 3.05 FIELD QUALITY CON TROL I A. Density Tests: To be performed by an approved soils testing firm at various I locations and depths throughout the project as directed by the ENGINEER. The CONTRACTOR shall cooperate fully and provide assistance as necessary to complete these tests. I 55-02-119 I m 2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 02320-6 TRENCH EXCAVATION AND BACKFILL I I IB. Failed density test areas shall be excavated and re-compacted until the density requirements are met. I3.06 MEASUREMENT AND PAYMENT I A. Trench Excavation: Excavation and backfilling of trench shall be included in the price of pipe furnished and installed. I B. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. I C. Temporary Bracing and Sheeting: Considered part of thed foion costs, with no additional compensation to CONTRACTOR,unless provide ID. Density Tests: 1. Passing Tests: All costs paid by OWNER. 2. Failing Tests: All costs charged to and paid by the CONTRACTOR. I E. Dewatering: Any dewatering necessary will be considered incidental to the bid unit price for the installation of the pipe. F. All other work and costs of this Section shall be incidental to the Total Base Bid. I IEND OF SECTION 1 I I I I 1 TRENCH EXCAVATION 55-02-119 AND BACKFILL p 2002 Bonestsoc , n 02320-7 IAnderlik&Associ atestes Inc. I ISECTION 02530 SANITARY SEWER P I ART 1 - GENERAL I • 1.01 SECTION INCLUDES A. Sanitary sewer gravity pipe, manholes,fittings and miscellaneous appurtenances. I1.02 RELATED S ECTIONS IA. Section 02280—Adjust Miscellaneous Structures. IB. Section 02320—Trench Excavation and Backfill. 1.03 REFERENCES IA. American Society of Testing and Materials (ASTM): I1. A48 - Specification for Gray Iron Castings. 2. A615- Specification for Deformed and Plain Billet-Steel Bars for Concrete IReinforcement. 3. C76—Specification for Reinforced Concrete Culvert,Drain and Sewer Pipe. I4. C139 - Specification for Concrete Masonry Units for Construction of Catch IBasins and Manholes. p 5. C150 - Specification for Portland Cement. I6. C206 - Specification for Finishing Hydrated Lime. 7. C361 —Specification for Reinforced Concrete Low Head Pressure Pipe. I Specification for Precast Reinforced Concrete Manhole Sections. 8. C478 - Speclfica I 9. D16 — Terminology Relating for Paint, Varnish, Lacquer, and Related Products. I10. D698 — Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort. 11. D1784 — Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds Iand Chlorinated Poly(Vinyl Chloride) (PVC) Compounds. 55-02-119 SANITARY SEWER 2002 Bonestroo,Rosene, A . 02530-1 IC Anderlik&Associ ciates,Inc 12. D1785 - Specification for PVC Plastic Pipe, Sch. 40, 80, and 120. 13. D2321 - Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity—Flow Applications. I 14. D3034 — Specification for Type PSM Poly (Vinyl Chloride)de Sew Pipe and Fittings. (PVC) er 15. D3212 — Specifications for Joints for Drain and Sewer Plastic Pipes Usin Flexible Elastomeric Seals. g 16. F477 — Specifications for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. G 17. F794—Specification for Poly(Vinyl Chloride)(PVC)Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter. 18. F894 — Specification for Polyethylene (PE) Large Diameter Profile Wall Sewer and Drain Pipe. B. American Water Works Association (AWWA): 1. C104—Cement Mortar Lining for Ductile and Cast Iron Pipe and Fittings. 2. C105—Polythylene Encasement for Ductile Iron Pipe. 3. C110— Ductile—Iron and Gray—Iron Fittings,3 in.through 48 in.for Water ' and Other Liquids. 4. C111 —Rubber-Gaskets Joints for Ductile-Iron Pressure Pipe &Fittings. 5. C151 —Ductile—Iron Pipe, Centrifugally Cast, for Water. ' C. Minnesota Department of Transportation"Standard Specification for Construction," 1988 Edition and the Supplement Specifications dated May 2, 1994(MnDOT Spec.): I 1. MnDOT Spec. 3760—Insulation Board (Polystyrene). 1.04 SITE CONDITIONS A. Sanitary sewer lines are shown on the drawings in a general way. CONTRACTOR should anticipate minor variations in both horizontal and vertical directions in locating existing system. ©552-002-2 02 Bonestroo,Rosene, Anderlik&Associates,Inc. 02530-2 SANITARY SEWER 1 1.05 SUBMITTALS A. Shop Drawings: Indicating information for fabrication and installation of manholes. B. Certification report for precast structures fabrication and installation. C. Pipe:Pi e: Certification of resin compounding by pipe manufacturer prior to shipment of pipe to job site. D. Vide o copy on VHS format of sewer televising and two copies of the written report PY on conditions. 1.06 SEQUENCING AND SCHEDULING A. Do not pursue work causing shut off of utility services (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut-off schedule. i hts De artment Public Works Department to turn off B. Contact City of Oak Park He g P water main adjacent to project. of sanitary sewers sufficiently in advance of C. Verify vertical and horizontal location installing new pipe to determine the extent of conflict, if any. D. Successfully complete required inspections and testing before restoration of surface. E. Commence closed circuit TV inspection after all of the backfill is compacted in place. PART 2—PRODUCTS 2.01 MATERIALS A. Concrete Materials: 1, Standard Portland Cement Type 1,clean washed sand and crushed rock and gravel free from deleterious materials for monolithic concrete manholes and all manhole bases. 2. Portland Cement: Comply with the requirements of ASTM C150. 3. Design Mix: Subject to the approval of the ENGINEER. Use proper water- cement ratio to obtain (4000 psi)in 28 days. 55-02-119 SANITARY SEWER m 2002 Bonestroo,Rosene, 02530-3 Anderlik&Associates,Inc. B. Mortar Materials: ' 1. Cement: Type 1 Standard Portland Cement conforming to ASTM C150. 2. Lime: Normal finishing hydrated li I lime meeting the requirements of ASTM C206. 3. Mix Proportions: 1 a. One part cement to three parts of suitable plaster sand for I for plastering the exterior walls of block manholes and c tch basins, adjusting rings and lift holes. Use lime or mortar mix in the amount necessary to make a suitable mixture for plastering I to exceed 15% by volume. P g Purposes,but not b. parts One part Portland cement to two I mortar mix may be added but not to exceed 15% by volumeefor or mortar used for laying concrete block. C. Reinforcing Steel: Comply with the requirements of ASTM A615, Grade 60. I2.02 MANHOLES A. Requirements: ASTM C478, details on the Drawings. I B. Structures: Precast concrete. Segmental block may be used for the lower structures over large pipe with the approval of the ENGINEER. portion of I C. Manhole Joints: Rubber 0-ring gasket type or approved equal. I D. Segmental Block Manholes: Blocks conform to ASTM C139. E. Structure Bases: Pre-cast or poured in place. I F. Manhole Steps: 1. Manhole steps may be constructed of any of the following materials: I• a. Polypropylene Coated Manhole Steps: 1) Polypropylene molded over steel reinforcing rod and similar I in design to the cast iron steps specified may be used. 2) All such steps shall be M.A. Industries (SP-1-PF) Manhole I Step, or equal. 55-02-119 I m on , , Anderl2002 ik B&AssociatesestrooRosene,Inc. 02530-4 SANITARY SEWER I I ' b. Cast Iron Manhole Steps: 1) Conform to ASTM C478. 2) Manufactured from hi-test metal having a minimum tensile strength of 35,000 psi. 3) Neenah Foundry Step No.R1981J,Badger F-15, or equal. c. Aluminum Manhole Steps: 1) Design similar to the cast iron steps specified may be used. Il2) Apex Ternalloy No. 5 aluminum alloy or equal. 2.03 MANHOLE FRAMES AND COVERS tA. Requirement: ASTM A48. I B. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. C. Finish: Coal tar pitch varnish. D. Finish Preparation: Sandblast. E. Machine cover and frame contact surface for non-rocking protection. F. Type and Style: As shown on Drawings. ' G. Covers with two concealed pick holes of approved design. H. Weight: Minimum of 380 lbs. 2.04 PIPE MATERIAL A.. PSM Poly(Vinyl Chloride) I (PVC)Plastic Pipe and Fittings(4-inch through 15-inch Idiameter): 1. General: Pipe and fittings conform to ASTM D 3034. I2. Materials: PVC plastics having a minimum cell classification of 1254 B or 12454 C or 13364 B as defined in ASTMD 1784.erti fled by the Plastic P pe minimum hydrostatic design stress of 2,0 0 psi Institute. Additives and fillers including but not limited to stabilizers, antioxidants, lubricants, colorants, etc. shall not exceed 20 parts by weight Iper 100 of PVC resin in the compound. 55-02-119 SANITARY SEWER ©2002 Bonestroo,Rosene, 02530-5 Anderlik&Associates,Inc. 3. Design: Integral wall bell and s I 11:I spigot joint and a minimum wall thickness conforming to SDR 35 and/or SDR 26. 4. Joints: Conform to ASTM D 3212. Push-on type only with the bell-end grooved to receive a gasket. Elastomeric seal (gasket): a basic polymer of synthetic rubber conforming to ASTM F 477. Natural rubber gaskets will not be accepted. 5. Marking: Each pipe shall be identified with the name of t trademark and code,nominal pipe size in inches,the PVC cell classification or and"Specification D3034." B. Casing Pipe: 1. Conform to ASA Spec Class 250 (Grade 2). Used pipe is not allowed. 2. Conform to the tunnel schedule below for the minimum required wall thickness of the casing pipe. Wall thickness shall also conform to permit requirements of the governing ROW authority: Inside ' Diameter Cash Wall Thickness Roaday w or Railroad ' 18" - 20" •312" .343" 22" ▪375" 24„ 26" •403" .438" 28" - 30" .469" 32" -36" .532" 38" -42" .563" 3. The minimum casing diameter shall be 18 inches. PART 3 EXECUTION I 3.01 PREPARATION A. By-Pass Pumping: CONTRACTOR shall be responsible maintain sewer flows during construction of the new sanitary for sewer line required to 1 55-02-119 m 2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 02530-6 SANITARY SEWER 1 3.02 INSTALLATION A. Connect to Existing Structures: • 1. Connect to existing structure at location shown on the Drawings. 2. Core the hole in the structure, trimming the pipe flush with the structure, trimming the pipe flush with the pipe to seal it within the wall. 3. Reconstruct manhole bench/invert. 4. Make repairs to the structure. B. Installing Pipe: 1. Excavation and Preparation of Trench: Conform to Section 02320-Trench Excavation and Backfill. 2. Lay and maintain pipe e and appurtenances to the alignment,grade and location P the shown on the Drawings and/or staked in the field. on ds vi tion from unless drawing and/or staked alignment, grade or approved by the ENGINEER. 3. Permanently support, remove, relocate or reconstruct existing utility ade pipes, cables,structures or other appurtenanes when they Do the work in cooperation�th the or location of the pipe or appurte nance owner of the utility. Utility owner will determine which method is to be used. 4. General Pipe Installation Procedure: Use joint lubricant in accordance spigot manufacturer's instructions. Lubricate and grade and secure pipe in place by home, bring pipe to proper line g properly bedding. 5. La y pipe upgrade with spigot ends pointing in the direction of flow. 6. Plug all openings to the installed pipe with suitable stoppers to prevent water, dirt and debris from entering the sewer. • 7. Remove all foreign matter or dirt from inside the pre. prevent dirt from spigot clean during and after installation. Take entering the joint space. Remove any superfluous ate ial fro insi e the pipe after pipe installation by means of an approved 8. All joints must be watertight. Repair any leaks discovered. 55-02-119 SANITARY SEWER ©2002 Bonestroo,Rosene, 02530-7 Anderlik&Associates,Inc. . 9. No pipe is to be laid in water or when trench conditions are unsuitable for such work. C. Installing Structures and Appurtenances: I 1. Excavation and Preparation of Trench: Conform to Section 02320-Trench and Backfill. I 2. Bases: Poured in place structure bases must be acceptably reinforced and cured before placing manhole sections. I 3. Invert: Shape to the half section of equivalent size inlet and outlet pipe. Provide free uninterrupted flow. All surfaces slope to flow Pre-poured ' manufactured invert for lines 15 inch or smaller are acceptable if conforming to previous requirements. 4. Steps to be placed 90 degrees from main flow through structure on the downstream side except for pipe of 36 inch or greater. I 5. The Exterior of all block manholes to be plastered with I/inch of Portland Icement mortar. 6. Install short precast section(approximately 1.0 foot,no greater than 1.5 foot) immediately below the eccentric cone or precast top slab. I 7. Install Rings: Conform to Section 02280-Adjust Miscellaneous Structures. 8. Neatly mortar I y ortar lift holes. 9. All pipes entering the manhole must be cut with a power saw to ro ' I clean, smooth pipe surface. p vide a D. Service Connections: I 1. Wye: I a. Wye to be at 45 degree angle from horizontal. • b. Plugs installed with Atlastic I specifically designed for the opening to be plugged.Sealant or equal or I I .5 200119 I 2 Bonestroo,Rosene, Anderlik&Associates,Inc. 02530-8 SANITARY SEWER I I 3.03 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and structures immediately after completion or beforee suspension of operations at the end of working day with casting or suitable alternative C. Mark structure susceptible to being hit by construction or vehicular traffic. D. Mark each plug location with 4 inch x 4 inch timber to above existing grade. Y CONTROL 3.04 FIELD QUALITY A. Scope: 1. Provide all labor,materials and equipment to perform tests. observe and verify all tests and to visually inspect the final 2, ENGINEER to 0 II work for compliance. B. Cleanup: 1. Clean the pipe and all structures. 2. Bailing or flushing of system allowed with approval of ENGINEER, otherwise jetting will be required. 3. Completed prior to Substantial Completion and televising. C. Required Tests and Inspections: 1. Infiltration Test: Construct measuring weirs and devices as necessary and directed by the ENGINEER. The maximum ilameterleer day. of leakage shall not exceed 100 gallons per mile per inch o p 2. LAP g in ENGINEER will verify installation for true line and grade,joints are home,no broken or deflective pipes exist,specified hlrequipements ctural y sound and that the structures conform to the 3. Mandrel Test: As part of the PVC and PE Pipe procedures, perform a mandrel test after the sewer main installation has been completed. A installation is required minimum waiting time period of 30 days after the pipe shall furnish before the deflection test may be performed. CO labor force to the mandrel, all materials and equipment, and the necessary pull the mandrel through all lines to verify the integrity of the pipe. 55-02-119 SANITARY SEWER ©2002 Bonestroo,Rosene, 02530-9 Anderlik&Associates,Inc. The mandrel will be pulled in the presence ' greater than five percent of the inside diameter of the ENGINEER.e its considered a failure. OWNER reserves the right to measure the deflection of PVC pipe at any time during the correction period. Deflections greater than 5% of the inside diameter of the pipe shall be considered failure. CONTRACTOR may be required to re-excavate the trench, re-compact the backfill material and restore the surface with no additional compensation for such work. • 4. Air Test: For PVC and PE Pipe procedures, air test the pipe. Pipe shall be cleaned but may be wetted. Pneumatic balls shall be used to plug the manholes. Low pressure air shall be introduced into plugged line until the internal air pressure reaches 4.0 psig greater than the average back pressure of any groundwater pressure that may submerge the pipe. At least two minutes shall be allowed for the pressure to stabilize before readings are taken and the timing started.During this time,check all plugs with soap solution to detect plug leakage. If any plugs are found to leak, air shall be bled off, the plugs shall be retightened and the air shall be reintroduced into the line. The sewer line under test will be accepted ' pted as having passed the air test if the pressure does not drop more than 0.6 psig in less time than% minute per inch in diameter of the pipe being tested. The minimum starting pressure is 3.6 psig. 5. Televise: a. Inspect the installed sewer pipe by televising. ' 3.05 MEASUREMENT AND PAYMENT Bid Items have been provided for the following: A. Sanitary Sewer Pipe,For Each,Type,Size: Measurement and Payment will be based upon units of lineal feet for each size,type and depth increment 0'-8', 8'-10' and in two foot increments thereafter,for furnishing and installing pipe complete in place as specified. Pipe will be measured from centerline to centerline of manholes or to the connection point of the existing pipe. B. Service Connection: Measurement will be based on units of each for each wye or tee branch of each diameter and classification furnished and installed complete in place. Payment at the unit price will be considered compensation in full for all work and costs,including coring, support sleeves,mechanical joint restraint and all necessary items to complete the connection. ©20 55-002-119 2 Bonestroo,Rosene, Anderlik&Associates,Inc. 02530-10 SANITARY SEWER 1 C. Core Drill Manhole: Measurement for core drilling shall be per each regardless of the pipe size required. Payment will be compensation for excavating and core drilling the manhole. D. Closed Circuit TV Inspection: Measurement of closed circuit line and provide inspection all be by lineal foot. Payment will include all costs to televise of the tape. E. Sanitary Sewer Plug: Measurement will be based on the size and type ph plug, installed. Payment at the bid unit price includes furnishing and installing and any blocking required. - Bypass Pumping: Measurement for bypass pumping will be by the lump sum. F. yP Payment at the unit price will be considered compensation and all ecessary items�to set up and cost,including fittings,mechanical joint restraint take down the bypass pumping. G. A Bid Item has been provided in the Bid Form for casing Steel pipe installed.Casing ip e Measurement will be based on units of lineal feet cost of furnishing and installing the required steel casing,al abandonment,and filling shoring,bulkheading,pressure grouting,backfill,pot the casing with silica sand shall be included in Contract or the additional payment being made, regardless of installed beyond method of installation selected by the CONTRACTOR. Casing pipe the limits surveyed shall not be paid for. END OF SECTION I 1 1 1 55-02-119 SANITARY SEWER ©2002 Bonestroo,Rosene, 0253041 I Anderlik&Associates,Inc. I ISECTION 02720 AGGREGATE BASE COURSE PART 1 —GENERAL I 1.01 SECTION INCLUDES A. Requirements for crushed aggregate base course on a prepared subgrade. 1.02 REFERENCES S Minnesota Department of Transportation Standard Specifications 1988 Edition and the Supplemental May 2 f r C4nstVLnDOT A. lemental Specification Spec.): 1. MnDOT Spec. 2211 - Aggregate Base. 1.03 SUBM1rTAL IA. Submit gradation report on sample of aggregate base to be used. 1.04 SEQUENCING AND SCHEDULING ' onl after all of the following have been completed: A. Construct aggregate base y Subgrade has been corrected for instability problems and and successfully by the 1. performed by the CONTRACTOR a test rolling test, p IENGINEER. 2. Subgrade has been checked for conformance to line and grade tolerances I (stringline). PART 2 -PRODUCTS 2.01 MATERIALS tA. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. IPART 3 -EXECUTION 3.01 PREPARATION A. Subgrade to be completed and approved by the ENGINEER prior to installation of aggregate base. 55-02-119 AGGREGATE BASE COURSE ©200d2 Bonestroo, ne, Anerlik&AssociatesRose,Inc• 02720-1 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT 2211.3: 1. Compact by mechanical means to 100% of Standard ' tandard Proctor density. 2. Install aggregate base in accordance with details on plan. 3. Deliver weight tickets to ENGINEER daily. 3.03 FIELD QUALITY CONTROL A. The CONTRACTOR shall have an independent testing laboratory sample the aggregate base materials,determine the moisture/density relationships,and gradation and perform field moisture/density tests at locations determined by ENGINEER. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline"method prior to approval to pave the surface. Grade shall be±0.05' of grade. 3.04 PROTECTION A. Place water on aggregate base for dust control as required to eliminate nuis conditions for adjacent properties. ance ' 3.05 MEASUREMENT AND PAYMENT A. A Bid Item for Aggregate Base, Class Measurement will be by the ton of material compacted in place as det the Bid Form. weight tickets delivered to the ENGINEER: rmined from 1. If the aggregate base course material is being wasted or placed excessively thick,the OWNER reserves the right to deduct quantities that are in excess of I plan thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. B. All other work and nd costs of this section shall be incidental to the project and included in the TOTAL BASE BID. END OF SECTION 55-02-119 ' m 2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 02720-2 AGGREGATE BASE COURSE 1 SECTION 02920 LAWNS AND GRASSES PART 1 - GENERAL 1.01 SECTION INCLUDES A. Restoration of construction area by installation of topsoil, and seed. 1.02 RELATED SECTIONS A. Section 01570—Erosion and Sediment Control. 1.03 REFERENCES nnesota,Department of Transportation"Standard Specifications Mi ns f r Co tructi n," 1988 Edition and the Supplement Specifications A. lement S date Y Spec.): 1. Section 2575 —Turf Establishment, 1995 Edition. 1 2. Section 3876—Seed. 3. Section 3877 —Topsoil Borrow. 4. Section 3882—Mulch Material. 5. Section 3878 —Sod. 6. Section 3883 —Erosion Control Netting. B. "Minnesota Department of Transportation Seeding Manual 1996/97," (MnDOT Seeding Manual). 1.04 WARRANTY 1 A. At the conclusion of the establishment period, which will be one year following the initial installation, a final inspection of planting will made insuffic en n plant establishment of areas specified for seeding. All ar eas with stablishment as determined by the ENGINEER will be tote adh s iaterial shall be cost to the re-supplied and planted in the next growing season OWNER. i 55-02-119 029204 LAWNS AND GRASSES m 2002 Bonestroo,Rosene, 1 Anderlik&Associates,Inc. The expectations for the seeded areas are as follows: 1. That they show indications of healthy establishment (90 percent of species occurring are those seeded)in the specified areas and weed species are less than 10 percent. 1.05 FIELD QUALITY CONTROL A. Provide ENGINEER with bags and tags of seed used, for identification purposes. PART 2 -PRODUCTS , 2.01 MATERIALS A. Soil Amendments: Conform to MnDOT Spec. 3881 and 3879. Fertilizer complete fertilizer containing 8 percent nitrogen, 16 percent phosphoric c acid an 8 percent potash. P p osphoric acid and 8 The most common soil amendments would be included ' Commercial Fertilizer and MnDOT Spec. 3879: Agricultural LinmDeOT Spec. 3881: B. Seed Mix Tabulations: Conform to MnDOT ' Seeding Manual: 1. Lawn Mix: Conform to MnDOT Seeding Manual Mixture 60A. C. Mulch: Conform to MnDOT Spec. 3882.2 Type 1. PART 3 -EXECUTION ' 3.01 EXAMINATION A. Review restoration areas with the ENGINEER. B. Finish a gr des are to be inspected and approved by the ENGINEER prior to start of restoration. 3.02 PREPARATION ION A. General: Conform to MnDOT 2575.3.A. 3.A. . B. Soil Preparation: Conform to MnDOT 2575.3.B. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3.C: . 1. Apply fertilizer at a rate of 450 lbs. per acre (10-lbs./1000 sq. ft.). ©55-02-119 2002 Bonestroo,Rosene, Anderlik&Associates,Inc. 02920-2 LAWNS AND GRASSES I 1 2. Where soil pH is lower than 5.5, apply ground limestone at 3 tons per acre (140-lbs./1000 sq.ft.). 1 3.03 SOWING SEED IA. Seedin g Dates: Conform to MnDOT Seeding Manual for the mixes specified. B. Seeding Rates: Conform to MnDOT Seeding Manual for the mixes specified. A lying Mulch: Conform to MnDOT Spec 2575.3 and apply at a rate of 2 tons per C. PP acre (90-lbs./1000 sq. ft.). 3.04 FIE QUALITY UALITY CONTROL 1 A. Maintain restored areas in accordance with MnDOT Section 2575.3. B. Restored areas that have been satisfactorily completed and are Hot r e bed by ad hall al construction activity required by the timing and sequencing restored over to the same requirements of the original work. C. Any sod that does not show definite growth and establishment one ment (30 by days) after laying C t shall be replaced and established at the p P CONTRATOR a his expense. o the 3.05 MEASUREMENT AND PAYMENT I Bid Item for Seeding has been provided on the Bid Form. iMeasur Measurement will be A. A based upon units of acres of 60A seed installed complete of topsoil; preparation of seedbed; seed; and mulch and all I including re-spreading pro riate unit correlated activity. The actual quantity full for all work and costs of this item. price will be considered payment in f All other work and costs of this Section shall be incidental to the project and included B. A 1 in the Total Base Bid. I • END OF SECTION I I I 55-02-119 02920 3 LAWNS AND GRASSES ©2002 Bones o Rosene, IAnderlik&Associ ciates,Inc. I I This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. I STANDARD I GENERAL CONDITIONS OF THE I CONSTRUCTION CONTRACT IPrepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE I and / Issued and Published Jointly By Naticiety MCI Professionaonal Sol Engineers AMERICAN CONSULTING J'rofesslonaJ Enp/neersM P►Jvsts Practice ACNI N SOCIETY OR I, ENGINEERS COUNCIL PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the INATIONAL SOCIETY OF PROFESSIONAL ENGINEERS IAMERICAN CONSULTING ENGINEERS COUNCIL IAMERICAN SOCIETY OF CIVIL ENGINEERS I This document has been approved and endorsed by virJ.�Pb�,ti[ AI j fly. The Associated General �uav day, Contractors of America I Construction Specifications Institute Vt.........x.i. ' General Conditions have been prepared for use with the Owner-Contractor Agreements(No. 1910-8-A-1 or 1910- 8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the ETCDC User's Guide (No. 1910-50). For guidance in the Ipreparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). IEJCDC No. 1910-8 (1996 Edition) I • TABLE OF CONTENTS Page IARTICLE 1 -DEFINITIONS AND TERMINOLOGY 6 1.01 Defined Terms 6 1.02 Terminology ARTICLE 2-PRELIMINARY MATTERS 9 9 2.01 Delivery of Bonds 9 2.02 Copies of Documents 9 2.03 Commencement of Contract Times;Notice to Proceed 9 2.04 Starting the Work 9 2.05 Before Starting Construction 10 2.06 Preconstruction Conference 10 2.07 Initial Acceptance of Schedules I ARTICLE 3-CONTRACT DOCUMENTS:INTENT,AMENDING,REUSE 10 3.01 Intent 10 3.02 Reference Standards 10 10 3.03 Reporting and Resolving Discrepancies 11 3.04 Amending and Supplementing Contract Documents 11 3.05 Reuse of Documents IARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 1111 4.01 Availability of Lands 12 4.02 Subsurface and Physical Conditions 12 4.03 Differing Subsurface or Physical Conditions 13 4.04 Underground Facilities 14 4.05 Reference Points 14 4.06 Hazardous Environmental Condition at Site ARTICLE 5-BONDS AND INSURANCE 15 5.01 Performance,Payment, and Other Bonds 15 5.02 Licensed Sureties and Insurers 15 5.03 Certificates of Insurance 15 5.04 CONTRACTOR's Liability Insurance 15: 5.05 OWNER's Liability Insurance 16 5.06 Property Insurance 16 5.07 Waiver of Rights 18 5.08 Receipt and Application of Insurance Proceeds 18 5.09 Acceptance of Bonds and Insurance;Option to Replace 18 5.10 Partial Utilization,Acknowledgment of Property Insurer IARTICLE 6-CONTRACTOR'S RESPONSIBILI'T'IES 19 6.01 Supervision and Superintendence 19 6.02 Labor; Working Hours 19 6.03 Services,Materials, and Equipment 19 6.04 Progress Schedule 19 6.05 Substitutes and "Or-Equals" 19 6.07 Patent Fees and Royalties 22 00700-3 1 1 6.08 Permits 22 6.09 Laws and Regulations 22 6.10 Taxes 22 6.11 Use of Site and Other Areas 22 6.13 Safety and Protection 23 6.14 Safety Representative 24 6.15 Hazard Communication Programs 24 6.16 Emergencies 24 6.17 Shop Drawings and Samples 24 6.18 Continuing the Work 25 6.19 CONTRACTOR's General Warranty and Guarantee 25 6.20 Indemnification 26 ARTICLE 7-OTHER WORK 26 7.01 Related Work at Site 26 7.02 Coordination 27 ARTICLE 8-OWNER'S RESPONSIBILITIES 27 8.01 Communications to Contractor 27 8.02 Replacement of ENGINEER 27 8.03 Furnish Data 27 8.04 Pay Promptly When Due 27 8.05 Lands and Easements;Reports and Tests 27 8.06 Insurance 27 I 8.07 Change Orders 27 8.08 Inspections, Tests,and Approvals 27 8.09 Limitations on OWNER's Responsibilities 27 8.10 Undisclosed Hazardous Environmental Condition 27 8.11 Evidence of Financial Arrangements 28 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 28 9.01 OWNERS Representative 28 9.02 Visits to Site 9.03 Project Representative 28 9.04 Clarifications and Interpretations 28 9.05 Authorized Variations in Work 28 9.06 Rejecting Defective Work 28 9.07 Shop Drawings, Change Orders and Payments 29 29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work 29 9.10 Limitations on ENGINEER's Authority and Responsibilities 29 ARTICLE 10-CHANGES IN THE WORK;CLAIMS 29 10.01 Authorized Changes in the Work 29 10.02 Unauthorized Changes in the Work 30 10.03 Execution of Change Orders 30 10.04 Notification to Surety 30 10.05 Claims and Disputes 30 ARTICLE 11 -COST OF THE WORK;CASH ALLOWANCES;UNIT PRICE WORK 11.01 Cost of the Work 31 11.02 Cash Allowances 31 11.03 Unit Price Work 33 33 00700-4 ' I ARTICLE 121-CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIMES 33 12.01 Change of Contract Price 33 12.02 Change of Contract Times 34 12.03 Delays Beyond CONTRACTOR's Control 34 I12.04 Delays Within CONTRACTOR'S Control 34 12.06 Delay Damages ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 35 13.01 Notice of Defects 35 I 13.02 Access to Work 35 13.03 Tests and Inspections 35 13.04 Uncovering Work 36 13.05 OWNER May Stop the Work 36 I 13.06 Correction or Removal of Defective Work 36 13.07 Correction Period 36 13.08 Acceptance of Defective Work 37 1 13.09 OWNER May Correct Defective Work ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 37 I 14.01 Schedule of Values 37 14.02 Progress Payments 37 14.03 CONTRACTOR's Warranty of Title 39 14.04 Substantial Completion 39 I 14.05 Partial Utilization 39 14.06 Final Inspection 40 14.07 Final Payment 40 40 I14.09 Waiver of Claims ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 41 15.01 OWNER May Suspend Work 41 1 15.02 OWNER May Terminate for Cause 41 15.03 OWNER May Terminate For Convenience 42 15.04 CONTRACTOR May Stop Work or Terminate 42 IARTICLE 16-DISPUTE RESOLUTION 42 16.01 Methods and Procedures 42 I ARTICLE 171-MISCELLANEOUS 42 7.01 Giving Notice 42 17.02 Computation of Times 43 I 17.03 Cumulative Remedies 43 17.04 Survival of Obligations 43 17.05 Controlling Law 43 I I I I00700-5 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to 1.01 Defined Terms the terms of the Contract. A demand for money or services by a third party is not a Claim. A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed 11. Contract--The entire and integrated written below will have the meanings indicated which are agreement between the OWNER and CONTRACTOR applicable to both the singular and plural thereof. concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether 1. Addenda—Written or graphic instruments written or oral. issued prior to the opening of Bids which clarify,correct,or change the Bidding. Requirements or the Contract 12. Contract Documents--The Contract Docu- Documents, ments establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the 2. Agreement--The written instrument which is Contract Documents), CONTRACTOR'S Bid (including evidence of the agreement between OWNER and documentation accompanying the Bid and any post Bid CONTRACTOR covering the Work. documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement,the Notice to 3. Application for Payment--The form Proceed, the Bonds, these General Conditions, the acceptable to ENGINEER which is to be used by CON- Supplementary Conditions, the Specifications and the TRACTOR during the course of the Work in requesting Drawings as the same are more specifically identified in the progress or final payments and which is to be accompanied Agreement,together with all Written Amendments,Change by such supporting documentation as is required by the Orders, Work Change Directives, Field Orders, and Contract Documents. ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. 4. Asbestos--Any material that contains more Approved Shop Drawings and the reports and drawings of than one percent asbestos and is friable or is releasing subsurface and physical conditions are not Contract asbestos fibers into the air above current action levels Documents. Only printed or hard copies of the items listed established by the United States Occupational Safety and in this paragraph are Contract Documents. Files in Health Administration. electronic media format of text, data,graphics,and the like 5. Bid--The offer or proposal of a bidder submit- of Contract Documents. OWNER to CONTRACTOR are ted on the prescribed form setting forth the prices for the Work to be performed. 13. Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work 6. Bidding Documents—The Bidding in accordance with the Contract Documents as stated in the I Requirements and the proposed Contract Documents (in- Agreement(subject to the provisions of paragraph 11.03 in eluding all Addenda issued prior to receipt of Bids). the case of Unit Price Work). 7. Bidding Requirements--The Advertisement or 14. Contract Times--The number of days or the Invitation to Bid,Instructions to Bidders,Bid security form, dates stated in the Agreement to: (i) achieve Substantial if any,and the Bid form with any supplements. Completion; and(ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written 8. Bonds--Performance and payment bonds and recommendation of final payment. other instruments of security. 15. CONTRACTOR—The individual or 9. Change Order--A document recommended with whom OWNER has entered into the Agreement. entity ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition,deletion,or revision in 16. Cost of the Work--See paragraph 11.01.A for the Work or an adjustment in the Contract Price or the definition. Contract Times, issued on or after the Effective Date of the Agreement. 17. Drawings—That g part of the Contract Documents prepared or approved by ENGINEER which 00700-6 ' shows the scope, extent, and character of the timely compliance the listed rent successful OWNER will sign with graphically the co P Work to be performed by CONTRACTOR.. Shop Drawings and other CONTRACTOR submittals are not and deliver the Agreement. Drawings as so defined. 29. Notice to Proceed--A written notice given by I OWNER to CONTRACTOR fixing the date on which the 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, Contract Times will commence to run and on which but if no such date is indicated, it means the date on which COnNTRA o OR shall start to perform the Work under the the Agreement is signed and delivered by the last of the two parties to sign and deliver. 30. OWNER--The individual,entity,public body, 19. ENGINEER--The individual or entity named the Agreement with ho CONTRACTOR s to has be entered into as such in the Agreement. 20. ENGINEER's Consultant--An individual or 31. Partial Utilization--Use by OWNER of a ' entity having a contract with ENGINEER to furnish substantially completed part of the Work for the purpose services as ENGINEER'S independent professional for which it is intended (or a related purpose) p associate or consultant with respect to the Project and who Substantial Completion of all the Work. is identified as such in the Supplementary Conditions. 32. PCBs--Polychlorinated biphenyls. 21. Field Order--A written order issued by 33. Petroleum--Petroleum, including crude oil or ENGINEER which requires minor changes in the Work but fraction thereof which is liquid at standard conditions which does not involve a change in the Contract Price or any pressure (60 degrees Fahrenheit and I the Contract Times. of 14.7 and p 14.7 pounds per square inch absolute), such as oil, 22. General Requirements--Sections of Division petroleum, fuel oil, oil sludge, oil refuse, gasoline, 1 of the Specifications. The General Requirements pertain kerosene, and oil mixed with other non-Hazardous Waste to all sections of the Specifications. and crude oils. 23. Hazardous Environmental Condition--The 34. Project--The total construction of which the presence at the Site of Asbestos, PCBs, Petroleum, Work to be performed under the Contract Documents may I Hazardous Waste, or Radioactive Material in such be the whole,or a part as may be indicated elsewhere in the quantities or circumstances that may present a substantial Contract Documents. danger to persons or property exposed thereto in connection 35 Project Manual--The bound documentary with the Work. information prepared for bidding and constructing the 24. Hazardous Waste--The term Hazardous Work. A listing of the contents of the Project Manual, Waste shall have the meaning provided in Section 1004 of which may be bound in one or more volumes,is contained I the Solid Waste Disposal Act (42 USC Section 6903) as in the table(s)of contents. amended from time to time. 36. Radioactive Material—Source, special nude- 25. Laws and Regulations;Laws or Regulations-- ar, or byproduct material as defined by the Atomic Energy ' Act of 1954 (42 USC Section 2011 et seq.) Any and all applicable laws, rules,regulations, ordinances, from time to time. codes, and orders of any and all governmental bodies, agencies,authorities,and courts having jurisdiction. 37. Resident Project Representative--The autho- rized Liens--Charges, security interests, or rized representative of ENGINEER who may be assigned encumbrances upon Project funds, real property, or to the Site or any part thereof. personal property. I 27. Milestone--A principal event specified 38. Samples--Physical examples of materials, fied in the equipment,or workmanship that are representative of some Contract Documents relating to an intermediate completion portion of the Work and which establish the standards by date or time prior to Substantial Completion of all the which such portion of the Work will be judged. I Work. 39. Shop Drawings--All drawings, diagrams, 28. Notice of Award--The written notice by illustrations,schedules,and other data or information which OWNER to the apparent successful bidder stating that upon are specifically prepared or assembled by or for CON- ' 00700-7 I 1 TRACTOR and submitted by CONTRACTOR to illustrate services, and documentation necessary to produce such some portion of the Work. construction, and furnishing, installing, and incorporating 1 40. Site--Lands or areas indicated in the Contract required by the Contract Documents ch construction, all as Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and 49. Work Change Directive--A written statement easements for access thereto, and such other lands to CONTRACTOR issued on or after the Effective Date of furnished by OWNER which are designated for the use of the Agreement and signed by OWNER and recommended CONTRACTOR. by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen 41. Specifications—That part of the Contract subsurface or physical conditions under which the Work is Documents consisting of written technical descriptions of to be performed or to emergencies. A Work Change materials,equipment,systems,standards,and workmanship Directive will not change the Contract Price or the Contract as applied to the Work and certain administrative details Times but is evidence that the parties expect that the change applicable thereto. ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order 42. Subcontractor--An individual or entity following negotiations by the parties as to its effect,if any, having a direct contract with CONTRACTOR or with any on the Contract Price or Contract Times. other Subcontractor for the performance of a part of the Work at the Site. 50. Written Amendment--A written statement modifying the Contract Documents, signed by OWNER 43. Substantial Completion--The time at which the Work(or a specified part thereof)has progressed to the Agreement and normally dealing with the nonengineering point where, in the opinion of ENGINEER,the Work(or a or nontechnical rather than strictly construction-related 111 specified part thereof) is sufficiently complete, in aspects of the Contract Documents. accordance with the Contract Documents, so that the Work (or a specified part thereof)can be utilized for the purposes 1.02 Terminology 111 for which it is intended. The terms "substantially complete"and"substantially completed"as applied to all or A. Intent of Certain Terms or Adjectives part of the Work refer to Substantial Completion thereof 1. Whenever in the Contract Documents the 44. Supplementary Conditions—That part of the terms "as allowed," "as approved," or terms of like Contract Documents which amends or supplements these effect or import are used,or the adjectives"reasonable," General Conditions. "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe 45. Supplier--A manufacturer, fabricator, suppli- an action or determination of ENGINEER as to the er, distributor, materialman, or vendor having a direct 111 g Work, it is intended that such action or determination contract with CONTRACTOR or with any Subcontractor to will be solely to evaluate, in general, the completed furnish materials or equipment to be incorporated in the Work for compliance with the requirements of and Work by CONTRACTOR or any Subcontractor. information in the Contract Documents and confor- mance with the design concept of the completed Project 46. Underground Facilities--All underground as a functioning whole as shown or indicated in the pipelines, conduits, ducts, cables, wires, manholes, vaults, Contract Documents (unless there is a specific tanks, tunnels,or other such facilities or attachments, and statement indicating otherwise). The use of any such any encasements containing such facilities, including those term or adjective shall not be effective to assign to that convey electricity, gases, steam, liquid petroleum ENGINEER any duty or authority to supervise or direct products, telephone or other communications, cable the performance of the Work or any duty or authority q television, water, wastewater, storm water, other liquids or chemicals;or traffic or other control systems, to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract 47. Unit Price Work--Work to be paid for on the Documents. basis of unit prices. B. Day 48. Work--The entire completed construction or 1. The word "day" shall constitute a the various separately identifiable parts thereof required to q calendar day n 24 hours measured from midnight be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, to the next midnight. 00700-8 I Defective 2.02 Copies of Documents 1. The word "defective," when modifying the word "Work," refers to Work that is A. OWNER shall furnish to CONTRACTOR up to unsatisfactory,faulty,or deficient in that it does not ten copies of the Contract Documents. Additional copies Iconform to the Contract Documents or does not will be furnished upon request at the cost of reproduction. meet the requirements of any inspection, reference standard,test,or approval referred to in the Contract 2.03 Commencement of Contract Times;Notice to I prior to Proceed Documents, or has been damaged p ' ENGINEER'S recommendation of final payment (unless responsibility for the protection thereof has A. The Contract Times will commence to run on the been assumed by OWNER at Substantial thirtieth day after the Effective Date of the Agreement in�cated inrthe I Completion in accordance with paragraph 14.04 or a Notice to Proceed is given, on the day Notice to Proceed. A Notice to Proceed may be given at 14.05). any time 30 days after the Effective Date of the D. Furnish,Install,Perform,Provide Agreement. In no event will the Contract Times commence id I to run later than the sixtieth day after the day 1. The word "furnish," when used in opening or the thirtieth day after the Effective Date of the connection with services, materials, or equipment, Agreement,whichever date is earlier. I shall mean to supply and deliver said services, materials, or equipment to the Site (or some other 2.04 Starting the Work specified location) ready for use or installation and in usable or operable condition. A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No I2. The word"install,"when used in connec- tion with services, materials, or equipment, shall the Contract Times commence to run. mean to put into use or place in final position said ' services, materials, or equipment complete and 2.05 Before Starting Construction ready for intended use. A. CONTRACTOR'S Review of Contract Documents: 3. The words"perform"or"provide,"when Before undertaking each part of the Work, II used in connection with services, materials, or CONTRACTOR shall carefully study and compare figures the equipment, shall mean to furnish and install said Contract Documents and check and verify p services, materials, or equipment complete and therein and all applicable field measurements. I ready for intended use. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy 4. When"furnish,""install,""perform,"or"pro- which CONTRACTOR may discover and shall obtain a vide"is not used in connection with services,materials, written interpretation or clarification from ENGINEER or equipment in a context clearly requiring an before proceeding with any Work affected thereby; IC. obligation of CONTRACTOR,"provide"is implied. however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, E. Unless stated otherwise in the Contract Docu- ambiguity, or discrepancy in the Contract Documents ments, words or phrases which have a well-known unless CONTRACTOR knew or reasonably should have technical or construction industry or trade meaning are used known thereof. in the Contract Documents in accordance with such B Preliminary Schedules: Within ten days after the recognized meaning. Effective Date of the Agreement (unless otherwise speci- fied in the General Requirements), CONTRACTOR shall ARTICLE 2-PRELIMINARY MATTERS submit to ENGINEER for its timely review: I 1. a preliminary progress schedule indicat- ing Delivery of Bonds ing the times(numbers of days or dates)for starting and completing the various stages of the Work,• A. When CONTRACTOR delivers the executed including any Milestones specified in the Contract ' Agreements to OWNER, CONTRACTOR shall also Documents; deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 00700-9 I 1 2. a preliminary schedule of Shop Drawing ing, or progress of the Work nor interfere with or and Sample submittals which will list each required relieve CONTRACTOR from CONTRACTOR's submittal and the times for submitting, reviewing, full responsibility therefor. and processing such submittal;and 2. CONTRACTOR'S schedule of Shop 3. a preliminary schedule of values for all Drawing and Sample submittals will be acceptable of the Work which includes quantities and prices of to ENGINEER if it provides a workable items which when added together equal the Contract arrangement for reviewing and processing the Price and subdivides the Work into component parts required submittals. in sufficient detail to serve as the basis for progress payments during performance of the Work. Such 3. CONTRACTOR'S schedule of values prices will include an appropriate amount of will be acceptable to ENGINEER as to form and overhead and profit applicable to each item of substance if it provides a reasonable allocation of Work. the Contract Price to component parts of the Work. C. Evidence of Insurance: Before any Work at the ' Site is started, CONTRACTOR and OWNER shall each ARTICLE 3-CONTRACT DOCUMENTS:INTENT, deliver to the other, with copies to each additional insured AMENDING,REUSE identified in the Supplementary Conditions, certificates of insurance(and other evidence of insurance which either of them or any additional insured may reasonably request) 3.01 Intent which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with A. The Contract Documents are complementary what is called for by one is as binding as if called for by all. 2.06 Preconstruction Conference B.A. Within 20 days after the Contract Times start to describe atfunc functionally of the Contract Documents to run,but before any Work at the Site is started, Y complete Project(or part thereof)to farted,a conference be constructed in accordance with the Contract Documents. attended by CONTRACTOR, ENGINEER, and others as Any labor, documentation, services, materials, or equip- appropriate will be held to establish a working ment that may reasonably be inferred from the Contract understanding among the parties as to the Work and to Documents or from prevailing custom or trade usage as discuss the schedules referred to in paragraph 2.05.B, being required to produce the intended result will be procedures for handling Shop Drawings and other provided whether or not specifically called for at no submittals, processing Applications for Payment, and additional cost to OWNER maintaining'required records. C. Clarifications and interpretations of the Contract 2.07 Initial Acceptance of Schedules Documents shall be issued by ENGINEER as provided in A. Unless otherwise provided in the Contract Docu- Article 9. ments, at least ten days before submission of the first 3.02 Reference Standards Application for Payment a conference attended by CON- TRACTOR,ENGINEER.,and others as appropriate will be A. Standards, Specifications, Codes, Laws, and held to review for acceptability to ENGINEER as provided Regulations below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an 1. Reference to standards, specifications,ten days to make corrections and adjustments pecifiisottons, manuals, or codes of any technical society, and to complete and resubmit the schedules. No progress organization, or association, or to Laws or payment shall be made to CONTRACTOR until acceptable Regulations, whether such reference be specific or schedules are submitted to ENGINEER. by implication, shall mean the standard, specification,manual,code,or Laws or Regulations 1. The progress schedule will be acceptable in effect at the time of opening ing of Bids(or on the to ENGINEER if it provides an orderly progression Effective Date of the Agreement if there were no of the Work to completion within any specified Bids),except as may be otherwise specifically stated Milestones and the Contract Times. Such 'accep- in the Contract Documents. tance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, schedul- 00700- 10 ' ' 2. No provision of any such standard, specification, manual or code, or any instruction of sions of the Contract Documents would result in violation of such Law or Regulation). a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or 3.04 Amending and Supplementing Contract ' Documents ENGINEER,or any of their subcontractors, consul- tants, agents, or employees from those set forth in A. The Contract Documents may be amended to the Contract Documents, nor shall any such provision or instruction be effective to assign to provide for additions, deletions, and revisions in the Work r ' OWNER, ENGINEER, or any of ENGINEER's or to modify the terms and conditions thereof in nte(or Consultants, agents, or employees any duty or more of the following (i)ways: authority to supervise or direct the performance of a Change Order;or(iii)a Work Change Directive. the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the B. The requirements of the Contract Documents may I Contract Documents. be supplemented, and minor variations one and deviations re othn the Work may be authorized, by following ways: (i) a Field Order; (ii) ENGINEER'S 3.03 Reporting and Resolving Discrepancies Sample; or (iii) I approval of a Shop Drawing or Samp A. Reporting Discrepancies ENGINEER'S written interpretation or clarification. ' 1. If, during the performance of the Work, 3.05 Reuse of Documents CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Contract A. CONTRACTOR and any Subcontractor or Documents or between the Contract Documents and Supplier or other individual uoder entity y et f or rming or any provision of any Law or Regulation applicable furnishing any to the performance of the Work or of any standard, contract with OWNER: (i) shall not have or acquire any specification, manual or code, or of any instruction title to or ownership rights in any of the Drawings, of any Supplier, CONTRACTOR shall report it to Specifications, or other documents (or copies of any ' ENGINEER.in writing at once. CONTRACTOR thereof)prepared by or bearing the seal of ENGINEER or shall not proceed with the Work affected thereby ENGINEER'S Consultant, including electronic media (except in an emergency as required by paragraph editions; and (ii) shall not reuse any of such Drawings, 6.16.A) until an amendment or supplement to the Specifications, other documents, or copies thereof on I Contract Documents has been issued by one of the extensions consent f Project or any other and project without specific methods indicated in paragraph 3.04; provided, however,that CONTRACTOR shall not be liable to written verification or adaption by ENGINEER. This OWNER or ENGINEER for failure to report any prohibition will survive final payment, completion, and I such conflict, error, ambiguity, or discrepancy acceptance of the Work, or termination or completion of unless CONTRACTOR knew or reasonably should the Contract. Nothing herein shall preclude have known thereof. CONTRACTOR from retaining copies of the Contract Documents for record purposes. IB. Resolving Discrepancies 1. Except as may be otherwise specifically ARTICLE 4-AVAILABILITY OF LANDS; stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in SUBSURFACE AND PHYSICAL CONDITIONS;REFERENCE POINTS resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract 4.01 Availability of Lands I Documents and: a. the provisions of any standard, A. OWNER shall furnish the Site. OWNER shall ' specification, manual, code, or instruction notify CONTRACTOR of any encumbrances or restrictions (whether or not specifically incorporated by not of general application but specifically related to use of reference in the Contract Documents);or the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely b. the provisions of any Laws or manner and pay for easements for permanent structures or IRegulations applicable to the performance of the permanent changes in existing facilities. If CON- Work(unless such an interpretation of the provi- TRACTOR and OWNER are unable to agree on entitle- ment to or on the amount or extent, if any, of any adjust- ' . I00700- 11 1 ment in the Contract Price or Contract Times,or both,as a result of any delay in OWNER's furnishing the Site, conclusion any CONTRACTOR finical data" of any conclusion drawn•from any "technical data" or any CONTRACTOR may make a Claim therefor as provided in such other data, interpretations, paragraph 10.05, opinions, or.infor- mation. , B. Upon reasonable written request, OWNER shall 4.03 Differing Subsurface or Physical Conditions furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the A. Notice:: If CONTRACTOR believes that any Work is to be performed and OWNER's interest therein as subsurface or physical condition at or contiguous to the Site I necessary for giving notice of or filing a mechanic's or that is uncovered or revealed either: construction lien against such lands in accordance with applicable Laws and Regulations. 1. is of such a nature as to establish that any C. CONTRACTOR shall provide for all additional "technical data" on which CONTRACTOR is lands and access thereto that may be required entieria y rely as provided in paragraph 4.02 is y quired for temporary materially inaccurate;or construction facilities or storage of materials and equip- ment. 2. is of such a nature as to require a change 4.02 Subsurface and Physical Conditions in the Contract Documents;or 3. differs materially from that shown A. Reports and Drawings: The Supplementary indicated in the Contract Documents;or or Conditions identify: 4. is of an unusual nature, and differs materially fr om 1. those reports of explorations and tests of conditions ordinarily encountered and generally recognized _ subsurface conditions at or contiguous to the Site as inherent in work of the character provided for in the that ENGINEER has used in preparing the Contract Contract Documents; Documents;and then CONTRACTOR shall,promptly after becoming aware 2. those drawings of physical conditions in thereof and before further disturbing the subsurface or or relating to existing surface or subsurface struc- lures at or contiguous to the Site (except physical conditions or performing any Work in connection Underground ( ep therewith(except in an emergency as required by paragraph ground Facilities) that ENGINEER has used 6.16.A), notify OWNER and ENGINEER in writing about in preparing the Contract Documents• such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection B. Limited Reliance by CONTRACTOR on Technical I Data Authorized: CONTRACTOR may rely upon the therewith(except as aforesaid)until receipt of written order o Y p to do so. general accuracy of the "technical data" contained in such reports and drawings,but such reports and drawings are not B. ENGINEER'S Review: After receipt of written Contract Documents. Such"technical data"is identified in the Supplementary notice as required by paragraph 4.03.A, ENGINEER will pp tary Conditions. Except for such reliance on promptly review the pertinent condition, determine the such"technical data,"CONTRACTOR may not rely upon necessity of OWNER's obtaining additional exploration or or make any Claim against OWNER, ENGINEER, or any tests with respect thereto, and advise OWNER in writing of ENGINEER'S Consultants with respect to: (with a copy to CONTRACTOR)of ENGINEER'S findings 1. the completeness of such and conclusions. drawings for CONTRACTOR'S purposes, and ses, includ- C. Possible Price and Times Adjustments ing, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of 1• The construction to be employed by CONTRACTOR, Times, Contract Price or the Contract. imes, or both, will be equitably adjusted to the and safety precautions and programs incident extent that the existence of such differing subsurface thereto;or or physical condition causes an increase or decrease 2. other data, into rotations in CONTRACTOR'S cost of, or time required for, 2p , opinions, and performance of the Work; subject, however, to the information contained in such reports or shown or indicated in such drawings;or following: 1 00700- 12 1 1. a. such condition must meet any one or otherwise expressly provided in the Supplementary Condi- t more of the categories described in paragraph tions;. 4.03.A;and 1. OWNER and ENGINEER shall not be• b. with respect to Work that is paid for on a responsible for the accuracy or completeness of any Unit Price Basis, any adjustment in Contract such information or data;and Price will be subject to the provisions of para- 2 the cost of all of the following will be graphs 9.08 and 11.03. included in the Contract Price,and CONTRACTOR I be shall have full responsibility for: 2. CONTRACTOR shall not entitled to any adjustment in the Contract Price or Contract a, reviewing and checking all such Times if: information and data, I a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR b. locating all Underground Facilities or indicated in the Contract Documents, made a final commitment to OWNER in respect I of Contract Price and Contract Times by the c, coordination of the Work with the submission of a Bid or becoming bound under a owners of such Underground Facilities, negotiated contract;or including OWNER,during construction,and I b. the existence of such condition could d, the safety and protection of all such reasonably have been discovered.or revealed as Underground Facilities and repairing any I a result of any examination,investigation,explo- damage thereto resulting from the Work. ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or B. Not Shown or Indicated Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR'S making such final commitment;or 1.. If an Underground Facility is uncovered l or revealed at or contiguous to the Site which was c. CONTRACTOR failed to give the not shown or indicated, or not shown or indicated written notice within the time and as required by with reasonable accuracy in th Co avct paragraph 4.03.A. Documents, CONTRACTOR shall, promptly ' becoming aware thereof and before further 3. If OWNER and CONTRACTOR are disturbing conditions affected thereby or performing unable to agree on entitlement to or on the amount any Work in connection therewith (except in an I or extent, if any, of any adjustment in the Contract emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility Price or Contract Times, or both, a Claim may be fY made therefor as provided in paragraph 10.05. and give written notice to. that owner and to However, OWNER, ENGINEER, and OWNER and ENGINEER. ENGINEER will I ENGINEER'S Consultants shall not be liable to promptly review the Underground Facility and CONTRACTOR for any claims, costs, losses, or determine the extent, if any, to which a change is damages (including but not limited to all fees and required in the Contract Documents to reflect and document the consequences of the existence or I professionals charges of engineers,architects,or,attorneys,and other location of the Underground Facility. During such professionals and all court or arbitration or other dispute resolution costs) sustained by time, CONTRACTOR shall be responsible for the CONTRACTOR on or in connection with any other safety and protection of such Underground Facility. Iproject or anticipated project. 4.04 Underground Facilities 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued A. Shown or Indicated: The information and data to reflect and document such consequences. An shown or indicated in the Contract Documents with respect equitable eflec d doe adjustment shall be made in the Contract to existing Underground Facilities at or contiguous to the Price of Contract Times, or both, to the extent that . Site is based on information and data furnished to OWNER they are attributable to the existence or location of ' or ENGINEER by the owners of such Underground Facili- Y ties, including OWNER, or by others. Unless it is any Underground Facility that was not shown or indicated or not shown or indicated with reasonable I00700- 13 1 accuracy in the Contract Documents and that 2. other data, CONTRACTOR did not know of and could not t a ed interpretations,rereports opinions and reasonably have been expected information contained in such reports or shown or Y xpected to be aware of or to indicated in such drawings;or have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the 3. any CONTRACTOR interpretation of or amount or extent, if any, of any such adjustment in conclusion drawn from any"technical data" or any Contract Price or Contract Times, OWNER or such other data, interpretations,may make a Claim therefor as eipretations, opinions or provided in paragraph 10.05. information. 4.05 Reference Points C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings A. OWNER shall provide engineering surveys to or Specifications or identified in the Contract Documents to establish reference points for construction which in be within the scope of the Work. CONTRACTOR shall be ENGINEER'S judgment are necessary to enable CON- responsible for a Hazardous Environmental Condition TRACTOR to proceed with the Work. CONTRACTOR created with any materials brought to the Site by CON- shall be responsible for laying out the Work, shall protect TRACTOR, Subcontractors, Suppliers, or anyone else for and preserve the established reference points and property whom CONTRACTOR is responsible. monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any D. If CONTRACTOR encounters a Hazardous CONTRACTOR point or property y Environmental Condition or if CONTRACTOR or anyone Po p perry monument is lost or destroyed for whom CONTRACTOR is responsible creates a or requires relocation because of necessary changes in Hazardous Environmental Condition, CONTRACTOR grades or locations, and shall be responsible for the shall immediately: (i) secure or otherwise isolate such accurate replacement or relocation of such reference points condition; (ii) stop all Work in connection with such or property monuments by professionally qualified condition and in any area affected thereby (except in an personnel. emergency as required by y paragraph 6.16); and(iii)notify 4.06 Hazardous Environmental Condition at Site OWNER and ENGINEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for A. Reports and Drawings: Reference is made to the OWNER to retain a qualified expert to evaluate such Supplementary Conditions for the identification of those condition or take corrective action,if any. reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that resume have been utilized by the ENGINEER in the preparation of Work in connection CONTRACTOR ith such condition or in any affected the Contract Documents. area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written B. Limited Reliance by CONTRACTOR on Technical notice: (i) specifying that such condition and any affected Data Authorized: CONTRACTOR may rely upon the area is or has been rendered safe for the resumption of general accuracy of the "technical data" contained in such Work;or(ii)specifying any special conditions under which reports and drawings,but such reports and,drawings are not such Work may be resumed safely. If OWNER and Contract Documents. Such"technical data"is identified in the Su lemen CONTRACTOR cannot agree as to entitlement to or on the pp Lary Conditions. Exceptfor such reliance on amount or extent, if any, of any adjustment in Contract such "technical data," CONTRACTOR may not rely upon Price or Contract Times,or both, as a result of such Work or make any Claim against OWNER, ENGINEER or any stoppage g or such I of ENGINEER'S Consultants with respect to: special conditions under which Work is agreed to be resumed by CONTRACTOR,either party may make a Claim therefor as provided in paragraph 10.05. I. the completeness of such reports and drawings for CONTRACTOR'S purposes, F. If after receipt of such written notice including, but not limited to, any aspects of the CONTRACTOR does not agree to resume such Work means, methods, techniques, sequences and based on a reasonable belief it is unsafe, or does not agree procedures of construction to be employed by to resume such Work under such special conditions, then CONTRACTOR and safety precautions and OWNER may order the portion of the Work that is in the programs incident thereto;or area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result 1 00700- 14 i of deleting such portion of the Work,then either party may payment of all CONTRACTOR'S obligations under the I make a Claim therefor as provided in paragraph 10.05. Contract Documents. These Bonds shall remain in effect at OWNER may have such deleted portion of the Work least until one year after the date when final Laws payment dance with by OWNER'S own forces or others in actor- Regulations or by the Contract Documents. CONTRAC- TOR dance wi#h Article 7. TOR shall also furnish such other Bonds as are required by G. To the fullest extent permitted by Laws and the Contract Documents. Regulations, OWNER shall indemnify and hold harmless I CONTRACTOR, Subcontractors, ENGINEER, B. All Bonds shall be in the form prescribed by the ENGINEER'S Consultants and the officers, directors, Contract Documents except as provided otherwise by Laws partners, employees, agents, other consultants, and or Regulations, and shall be executed by such sureties as subcontractors of each and any of them from and against all are named in the current list of "Companies Holding ' claims, costs,all fees sea, and damages (including but not Bondscand as Acceptable eptable Reinsuring Companies" as pub- attorneys,limited to all fees and charges of engineers, architects, the Financial attorneys, and other professionals and all court or lished in Circular 570 (amended) ame d Bondy the Branch, U.S. arbitration or other dispute resolution costs) arising out of Management Service, All Bonds signed by an agent I Department of the Treasury. or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: must be accompanied by a certified copy of such agent's (i) was not shown or indicated in the Drawings or authority to act. Specifications or identified in the Contract Documents to be I included within the scope of the Work, and (ii) was not C. If the surety on any Bond furnished by CON- created by CONTRACTOR or by anyone for who TRACTOR t O i do bueclare b bankrupt or in any becomes insolvent ve any CONTRACTOR is responsible. Nothing in this paragraph 4.06.E shall obligate OWNER to indemnify any individual part of the Project is located or it ceases to meet the I or entity from and against the consequences of that of paragraph BNTR O s� individual's or entity's own negligence. requirements thereafter substitute Bond surety,both of which shall comply with the requirements of ' H. To the fullest extent permitted by Laws and paragraphs 5.01.B and 5.02. Regulations, CONTRACTOR shall indemnify and hold _ harmless OWNER, ENGINEER, ENGINEER'S Consul- 5.02 Licensed Sureties and Insurers tants, and the officers, directors, partners, employees, All Bonds and insurance required by the Contract I agents, other consultants, and subcontractors of each and A any of them from and against all claims, costs, losses, and Documents to be purchased and maintained by OWNER or damages (including but not limited to all fees and charges CONTRACTOR shall be obtained from surety or insurance ' of engineers, architects, attorneys, and other professionals companies that are duly licensed or authorized in the and all court or arbitration or other dispute resolution costs) jurisdiction in which the Project is located to issue Bonds or arising out of or relating to a Hazardous Environmental insurance policies for the limits and coverages so required. Condition created by CONTRACTOR or by anyone for Such surety and insurance companies shall also meet such whom CONTRACTOR is responsible. Nothing in this additional requirements and qualifications as may be paragraph 4.06.F shall obligate CONTRACTOR to provided in the Supplementary Conditions. indemnify any individual or entity from and against the consequences of that individual's or entity's own negli- 5.03 Certificates of Insurance gene. A. CONTRACTOR shall deliver to OWNER, with I. The provisions of paragraphs 4.02,4.03, and 4.04 copies to each additional insured identified in the Supple- are not intended to apply to a Hazardous Environmental evident of msurancecreque ted by of insurance (and other OWNER or any other ment Conditions,I Condition uncovered or revealed at the Site. additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to ARTICLE 5 -BONDS AND INSURANCE CONTRACTOR, with copies to each additional insured ' identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by 5.01 Performance, Payment, and Other Bonds CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain. A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the 5.04 CONTRACTOR's Liability Insurance Contract Price as security for the faithful performance and I 00700- 15 I 1 A. CONTRACTOR shall purchase and maintain such liability and:other insurance as is appropriate for the Work afforded.to these additional insureds shall provide being performed and as will provide primaty'coverage for an claims covered thereby; p protection from claims set forth below which may arise out of or result from CONTRACTOR'S performance of the Work and 2• include at least the specific coverages CONTRACTOR's other obligations under the Contract and be written for not less than the limits t liability Documents, whether it is to be performed by provided in the Supplementary Conditions or y required by Laws or Regulations, whichever is CONTRACTOR, any Subcontractor or Supplier, or by greater; anyone directly or indirectly employed by any of them to perform any of the Work,or by anyone for whose acts any 3. include completed operations insurance; of them may be liable: 4. include contractual liability insurance 1. claims under workers' compensation, covering CONTRACTOR's indemnity obligations disability benefits, and other similar employee under benefit acts; paragraphs 6.07,6.11,and 6.20; 5. contain a provision or endorsement that 2. claims for damages because of bodily Y the coverage afforded will not be canceled, materi- injury,occupational sickness or disease, or death of CONTRACTOR'S employees; ally changed or renewal refused until at least thirty days prior written notice has been given to OWNER I and CONTRACTOR and to each other additional 3. claims for damages because of bodily insured identified in the Supplementary Conditions injury, sickness or disease, or death of any person to whom a certificate of insurance has been issued other than CONTRACTOR'S employees; (and the certificates of insurance furnished by the 4. claims for CONTRACTOR pursuant to paragraph 5.03 will so damages: insured by provide); reasonably available personal injury liability coverage which are sustained:(i)by any person as a 6. remain in effect at least until final result of an offense directly or indirectly related to a the employment of such person by payment and at all times thereafter when CON- - the employment or(ii)by any other p y TRACTOR may be correcting,removing,or replac- R, ( ) Y Y person for any ing defective Work in accordance with paragraph other reason; 13.07;and 5. claims for damages, other than to the Work itself, because of injury to or destruction of �' and respect to completed operations nna tangible insurance, and any insurance coverage written on a gi. property wherever located, including loss claims-made basis, remain in effect for at least two of use resulting therefrom;and years after final a p yment (and CONTRACTOR 6. claims for damages because of bodily shall furnish OWNER and each other additional • injury or death of any y insured identified in the Supplementary Conditions, y person or property damage to whom a certificate of insurance has been issued, arising out of the ownership,maintenance or use of evidence satisfactory to OWNER and any such any motor vehicle, additional insured of continuation of such insurance B. The policies of insurance so required by this at final payment and one year thereafter). paragraph 5.04 to be purchased and maintained shall: 5.05 OWNER'S Liability Insurance 1. with respect to insurance required by A. paragraphs 5.04.A.3 through 5.04.A.6 inclusive, �addition to the insurance required to be provid- paragraphs as additional , ed by CONTRACTOR under paragraph ' insureds (subject to any u aseph 5.04, OWNER, at customary exclusion in respect of y OWNER'S option' may purchase and maintain at p professional OWNER's expense OWNER's own liability insurance as liability) OWNER, ENGINEER, ENGINEER'S claims Consultants, and any other individuals or entities operations under the Contract Documents. may arise from identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and 5.06 Property Insurance include coverage for the respective officers, directors, partners, employees, agents, and other A. Unless otherwise provided in the Supplementary consultants and subcontractors of each and any of Conditions, OWNER shall purchase and maintain property all such additional insureds, and the insurance insurance upon the Work at the Site in the amount of the 00700- 16 I full replacement cost thereof (subject to such deductible OWNER, CONTRACTOR, Subcontractors, ENGINEER,or I amounts as may be provided in the Supplementary ENGINEER'S Consultants, and anty y th r individu h of Cou ons or required by Laws and Regulations). This entities identified in the Supp insurance shall: whom is deemed to have an insurable interest and'shall be I 1. include the interests of OWNER, CON- listed as an insured or additional insured. TRACTOR, Subcontractors, ENGINEER, C. All the policies of insurance (and the certificates ENGINEER'S Consultants, and any other or other evidence thereof) required to be purchased and ' individuals or entities identified in the maintained in accordance with paragraph 5.06 will contain Supplementary Conditions, and the officers, a provision or endorsement that the coverage afforded will directors, partners, employees, agents, and other not be canceled or materially changed or renewal refused consultants and subcontractors of each and any of until at least 30 days prior written notice has been given to them,each of whom is deemed to have an insurable insured OWNER to whom a CONTRACTOR ertifi atOe of ims to each ce has other additional interest and shall be listed as an additional insured; and will contain waiver provisions in accordance with I 2. be written on a Builder's Risk "all-risk" paragraph 5.07. or open peril or special causes of loss policy form that shall at least include insurance for physical loss D. OWNER shall not be responsible for purchasing or damage to the Work, temporary buildings, false and maintaining any property insurance specified in this work, and materials and equipment in transit, and paragraph 5.06 to protect the interests of CONTRACTOR, I causes insure loss: fire at least the following coverage,e, deductible amounts that are identified in the Supplementary causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, Conditions. The risk of loss within such identified earthquake, collapse, debris removal, demolition deductible amount will be borne by CONTRACTOR, such loss,and if any occasioned by enforcement of Laws and Subcontractors,or others suffering ananycoverage within the Regulations,water damage, and such other perils or of them wishes property a coverage purchase and within n e causes of loss as may be specifically required by the limits of such amounts, each may it ' Supplementary Conditions; at the purchaser's own expense. _ 3. include expenses incurred in the repair or E. If CONTRACTOR requests in writing that other replacement of any insured property (including but special insurance be included in the property insurance if not limited to fees and charges of engineers and policies provided de such under insuranceph 5.06, the cost OWNER shall,ill architects); appropriate Change be charged to CONTRACTOR by app p 4. cover materials and equipment stored at Order or Written Amendment. Prior to commencement of I OWNER shall in writing advise the Site or at another location that was agreed to in the Work at the Site, writing by OWNER prior to being incorporated in CONTRACTOR whether or not such other insurance has the Work, provided that such materials and equip- been procured by OWNER. ' ment have been included in an Application for 5.07 Waiver of Rights Payment recommended by ENGINEER; 5. allow for partial utilization of the Work A. OWNER and CONTRACTOR intend h 5.06 will all by OWNER; policies purchased in accordance with paragr p I protect OWNER, CONTRACTOR, Subcontractors, 6. include testing and startup;and ENGINEER, ENGINEER'S Consultants, and all other individuals or entities identified in the Supplementary ' 7. be maintained in effect until final pay- Conditions to be listed as insureds or additional insureds and the officers,directors,partners,employees,agents,and ment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER other consultants and subcontractors of each and any with 30 days written notice to each other additional them) in such policies and will provide primary coverage insured to whom a certificate of insurance has been loss all covered thereby. All such policies shall causes contain issued. provisions to the effect that in the event of payment of any B. OWNER shall purchase and maintain such boiler loss or damage the insurers will have no rights of recovery I and machinery insurance or additional property insurance against any of the insureds or additional insureds as may be required by the Supplementary Conditions or thereunder. OWNER and CONTRACTOR waive all rights Laws and Regulations which will include the interests of against each other and their respective officers, directors, I 00700- 17 1 partners, employees, agents, and other consultants and OWNER shall deposit in a separate account any money so subcontractors of each and any of them for all losses and received and shall distribute it in accordance with such damages caused by,arising out of or resulting from any of agreement as the parties in interest may reach. If no other the perils or causes of loss covered by such policies and any special agreement is reached, the damaged Work shall be other property insurance applicable to the Work; and, in repaired or replaced, the moneys so received applied on addition, waive all such rights against Subcontractors, account thereof,and the Work and the cost thereof covered ENGINEER, ENGINEER'S Consultants, and all other ' by an appropriate Change Order or Written Amendment. individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers,directors,partners, to ees agents,and B. OWNER loss fiduciary shall have power one adjust Y g and settle any loss with the insurers unless one of the other consultants and subcontractors of each and any of parties in interest shall object in writing under such policies for losses and damages so object '�within of days after caused. None of the above waivers shall extend go the If such objection bet made, WNER as fiduciary shall rights that any party making such waiver may have to the make settlement with the insurers in accordance with such proceeds of insurance held by OWNER as trustee or other- agreement as the parties in interest may reach. If no such wise payable under any policy so issued agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with B. OWNER waives all rights against the insurers and, if required in writing by any party in CONTRACTOR, Subcontractors, ENGINEER, interest OWNER as fiduciary shall ENGINEER's Consultants, and the officers, directors, proper performance of such duties. give bond for the partners, employees, agents, and other consultants and subcontractors of each and any of them for: 5.09 Acceptance of Bonds and Insurance;Option to 1. loss due to business interruption, loss of Replace use, or other consequential loss extending beyond A. If either OWNER or CONTRACTOR has any direct physical loss or damage to OWNER'S property or the Work caused by, arising out of, or objection to the coverage afforded by or other provisions of resulting from fire Work other the Bonds or insurance required to be purchased and insured by OWNER;and peril whether or not maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract 2. loss or damage to the completed Project Documents, the objecting party shall so notify the other or part thereof caused by,arising out of,or resulting party in writing within 10 days after receipt of the from fire or other insured g certificates (or other evidence requested) required by insured peril or cause of loss paragraph 2.05.C. OWNER and CONTRACTOR shall covered by any property insurance maintained on each provide to the other such additional information in the completed Project or part thereof by OWNER respect of insurance provided as the other may reasonably during Partial utilization pursuant to paragraph request. If either 14.05, after Substantial Completion pursuant to pY does not purchase or maintain all of Con- paragraph 14.04, after final payment the Bonds and insurance required of such party by the Con- P yment pursuant to tract Documents, such party shall notify the other party in paragraph 14.07. writing of such failure to purchase prior to the start of the C. insurance Work, or of such failure to maintain prior to any change in Any policy maintained by OWNER the required coverage. Without prejudice to any other right covering any loss,damage or consequential loss referred to or remedy, the other y in paragraph 5.07.B shall contain provisions to the effect Bonds or insurance to protect uch elect other party's equivalent at that in the event of payment of any such loss, damage, or the expense of the consequential loss, the insurers will have no rights of party who was shall be required issued provide adjust uch gh coverage, and a Change Order shall be isued to adjust the recovery against CONTRACTOR, Subcontractors, ENGINEER,or ENGINEER'S Consultants and the officers, Contract Price accordingly. directors,partners,employees,agents,and other consultants and subcontractors of each and any of them 5.10 Partial Utilization,Acknowledgment of Property Insurer 5.08 Receipt and Application of Insurance Proceeds A. If OWNER fmds it necessary to occupy or use a. portion or portions of the Work prior to Substantial 111 A. Any insured loss under the policies of insurance Completion of all the Work as provided in paragraph 14.05, required by paragraph 5.06 will be adjusted with OWNER no such use or occupancy shall commence before the and made payable to OWNER as fiduciary for the insureds,their interests may appear, insurers providing the property insurance pursuant to y ppear,subject to the requirements of paragraph 5.06 have acknowledged notice thereof and in any applicable mortgage clause and of paragraph 5.08.B. writing effected any changes in coverage necessitated 00700- 18 ' ■ ' thereby. The insurers providing property insura shall consent by endorsement on the the policy or policiesnce t,bu the property insurance shall not be canceled or permitted to 6.03 Services, Materials, and Equipment lapse on account of any such partial use or occupancy. A Unless otherwise specified in the General Re- quirements,quirements,CONTRACTOR shall provide and assume full ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light,heat, telephone,water, sanitary facilities, temporary facilities, and all other 6.01 Supervision and Superintendence facilities and incidentals necessary for the performance, I A. CONTRACTOR shall supervise, inspect, and g�start-up,and completion of the Work. direct the Work competently and efficiently, devoting such B. All materials and equipment incorporated into the atten testing, thereto and applying such skills and expertise as Work shall be as specified or, if not specified, shall be of may be necessary to perform the Work in accordance with good quality and new, except as otherwise provided in the the Contract Documents. CONTRACTOR shall be solely Contract Documents. All warranties and guarantees responsible for the means,methods,techniques, sequences, and procedures of construction, but CONTRACTOR shall specifically called for by the Specifications shall expressly not be responsible for the negligence of OWNER or run to the benefit of OWNER. If required by ENGINEER, ENGINEER in the design or specification of a specific CONTRACTOR I means, method, technique, sequence, or procedure of CON raOrts shall uired tests) as satisfactory source,kind, (including p construction which is shown or indicated in and expressly and quality of materials and equipment.l installed, connected, rials required by the Contract Documents. CONTRACTOR equipment protected,be stored, cleaned, and conditioned in I shall be responsible to see that the completed Work erected,accordance with instructions of the applicable Supplier, complies accurately with the Contract Documents. except as otherwise may be provided in the Contract Docu- B. At all times during the progress of the Work, ments. I CONTRACTOR shall assign a competent resident superin- tendent thereto who shall not be replaced without written 6.04 Progress Schedule notice to OWNER and ENGINEER except under A. CONTRACTOR shall adhere to the progress extraordinary circumstances. The superintendent will be 2.07 as CONTRACTOR'S representative at the Site and shall have schedule established in accordance with paragraph authority to act on behalf of CONTRACTOR. All it may be adjusted from time to time as provided below. communications given to or received from the superin- 1. CONTRACTOR shall submit to ENGI- NEER tendent shall be binding on CONTRACTOR. NEER for acceptance (to the extent indicated in 6.02 Labor; Working Hours paragraph 2.07) proposed adjustments in the prog- ress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments A. CONTRACTOR shall provide competent,suitably will conform generally to the progress schedule then I qualified personnel to survey, lay out, and construct the and additionally will comply with any Work as required by the Contract Documents. CON- effect r effect s of the General Requirements applicable TRACTOR shall at all times maintain good discipline and poeff thereto. order at the Site. 2. Proposed adjustments in the progress B. Except as otherwise required for the safety or schedule that will change the Contract Times (or protection of persons or the Work or property at the Site or Milestones) shall be submitted in accordance with I adjacent thereto, and except as otherwise stated in the the requirements of Article 12. Such adjustments Contract Documents, all Work at the Site shall be only be made by a Change Order or Written performed during regular working hours, and CON- may Y TRACTOR will not permit overtime work or the Amendment in accordance with Article 12. performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent(which will not 6.05 Substitutes and "Or-Equals" be unreasonably withheld) given after prior written notice A Whenever an item of material or equipment is to ENGINEER. specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to 1 00700- 19 1 establish the type, function, appearance, and quality 6.05.A.2.d, as supplemented in the General required. Unless the specification or description contains or ' is followed by words reading that no like; equivalent, or Requirements and as ENGINEER may decide is "or-equal'item or no substitution is permitted, other items appropriate under the circumstances. of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review d. CONTRACTOR ER shall first make wo of a I under the circumstances described below. application to ENGINE ER for review of a proposed substitute item of material or 1• "Or--Equal°' Items If in ENGINEER's equipment that CONTRACTOR seeks to furnish I sole discretion an item of material or equipment or use. The application shall certify that the q pment proposed substitute item will perform ade- proposed by CONTRACTOR is functionally equal quately the functions and achieve the results to that named and sufficiently similar so that no change in related Work will be required, it may be called for to the general design, be similar in I considered by ENGINEER as an "or-equal"item, substance to that specified, and be suited to the which case review and approval of the proposed same use as that specified. The application will p op state the extent, if any, to which the use of the ' item may, in ENGINEER'S sole discretion, be Proposed substitute item will prejudice accomplished without compliance with some or all of the requirements for approval of proposed substi- CONTRACTOR'S achievement of Substantial tote items. For the' purposes of this paragraph Completion on time, whether or not use of the Proposed substitute item in the Work will re- ' 6.05.A.1, a proposed item of material or equipment will be considered functionally quire a change in any of the Contract Docu- will Y equal to an item so menu (or in the provisions of any other direct contract with OWNER for work on the Project) a. in the exercise of reasonable judgment to adapt the design to the proposed substitute I ENGINEER determines of reasonable (i) l it is dg least item and whether or not incorporation or use of equal ENGINEER in quality,determines durability,a the proposed substitute item in connection with appearance,strength, the Work is subject to payment I and design characteristics; (ii) it will reliably subject p ymsnt the any license perform at least equally well the function fee or royalty. All variations of the proposed imposed by the design concept of the completed substitute item from p is specified will be adenti- . Project as a functioning.whole,and; fled in the application, and .available engineering, sales, maintenance, repair, and I b. CONTRACTOR certifies that:(i)there is replacement services will be indicated. The no increase in cost to the OWNER; and (ii) it application will also contain an itemized esti- no conform substantially,even with deviations, mate of all costs or credits that will result I to the detailed r directly or indirectly from use of such substitute requirements of the item named item, including costs of redesign and claims of in the Contract Documents. other contractors affected by any resulting 2. Substitute Items change, all of which will be considered by I ENGINEER in evaluating the proposed a. If in ENGINEER's sole discretion an substitute item. ENGINEER may require.CON- item . If material N or 'equipment TRACTOR to furnish additional data about the P proposed by proposed substitute item. i CONTRACTOR does not qualify as an "or-equal" item under paragraph 6.05.A.1, it B. Substitute Construction Methods or Procedures. will be considered a proposed substitute item. If a specific means, method, technique, sequence, or b. CONTRACTOR shall submit sufficient procedure of construction is shown or indicated in and, iii CON- information as provided below to allow ENGI- expressly qurred by the Contract Documents, CON- NEER to determine provided that the item allow material or TRACTOR may furnish or utilize a substitute means,meth- equipment proposed is essentially equivalent od, technique, sequence, or procedure of construction I y quivalent to approved by ENGINEER. CONTRACTOR shall submit that named and an acceptable substitute therefor. sufficient information to allow ENGINEER, in Requests for review of proposed substitute ENGINEER'S sole discretion, to determine that the items of material or equipment will not be substitute proposed is equivalent to that expressly called for ' accepted by ENGINEER from anyone other by the Contract Documents. The procedure for review by than CONTRACTOR. ENGINEER will be similar to that provided in subpara- c. The graph 6.05.A.2. I procedure for review by ENGI- NEER will be as set forth in paragraph 1 00700-20 6. I ' C. Engineer's Evaluation: ENGINEER will be objection aft rcdu table stigation. CONTRACTOR eJecte shall allowed a reasonable time within which to evaluate each submit a proposal or submittal made pursuant to paragraphs 6.05.A the c Contract tra tr,Supplier,, or other rd individual he fore entity, and and 6.05.B. ENGINEER will be the sole judge of accept- ability. No "or-equal" or substitute will be ordered, cost occasioned by such replacement, and an appropriate installed or utilized until ENGINEER'S review is complete, Change Order will be issued or Written Amendment which will be evidenced by either a Change Order for a signed. No acceptance by OWNER of any such Subcon- substitute or other individual or entity, whether substitute or an approved Shop Drawing for an"or equal." ' tractor, Supplier, ENGINEER will advise CONTRACTOR in writing of any initially or as a replacement,shall constitute a waiver of any negative determination. right of OWNER or ENGINEER to reject defective Work. D. Special Guarantee: OWNER may require CON- C. CONTRACTOR shall be fully responsible to TRACTOR to furnish at CONTRACTOR'S expense a OWNER and ENGINEER for all acts and omissions of the special performance guarantee or other surety with respect Subcontractors, Suppliers,$d other of individuals Work or to any substitute. performing or CONTRACTOR is responsible for CONTRACTOR's own E. ENGINEER'S Cost Reimbursement: ENGINEER acts and omissions. Nothing in the Contract Documents will record time required by ENGINEER and shall create r f orhereu benefit oranyntsu such Subcontractor,contractual ENGINEER'S Consultants in evaluating substitute Supplier,tionshi between OWNER or ENGINEER and any I proposed or submitted by CONTRACTOR pursuant to such Sub ontractor, Supplier or other individual or entity, paragraphs 6.05.A.2 and 6.05.B and in making changes in the Contract Documents (or in the provisions of any other nor halEER create to paany or to obligation to the payment of any OWNER or direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves due any such Subcontractor,Supplier,or other individual or a substitute item so proposed or submitted by CON- entity except as may otherwise be required by Laws and TRACTOR, CONTRACTOR shall reimburse OWNER for Regulations. the charges of ENGINEER and ENGINEER'S Consultants D. CONTRACTOR shall be solely responsible for for evaluating each such proposed substitute. scheduling and coordinating the Work of Subcontractors, F. CONTRACTOR's Expense:CONTRACTOR shall Suppliers, and other individuals or entities performing or pro proposed substitute or furnishing any of the Work under a direct or indirect provide all data in support of any p p "or-equal"at CONTRACTOR'S expense. contract with CONTRACTOR. 6.06 Concerning Subcontractors,Suppliers, and Others E. CONTRACTOR shall require all Subcontractors, ' A. CONTRACTOR shall not employ any Subcon- Suppliers,and such other individuals or entities performing or furnishing any of the Work to communicate with ENGI- tractor, Supplier, or other individual or entity (including NEER through CONTRACTOR. those acceptable to OWNER as indicated in paragraph F. The divisions and sections of the Specifications and ' whom), whether initially or as a replacement, against whom OWNER may have reasonable objection. CON- the identifications of any Drawings shall not control TRACTOR shall not be required to employ any Sub- CONTRACTOR in dividing the Work among Subcon- contractor,Supplier, or other individual or entity to furnish tractors ed or b Suppliers an ps eecific trade.delineating the Work to be i or perform any of the Work against whom CONTRACTOR performed Y y p has reasonable objection. G. All Work performed for CONTRACTOR by a B. If the Supplementary Conditions require the Subcontractor or Supplier will be pursuant to an appro- ' identity of certain Subcontractors, Suppliers, or other priate agreement between CONTRACTOR and the individuals or entities to be submitted to OWNER in Subcontractor or Supplier which specifically applicable binds erms and advance for acceptance by OWNER by a specified date Subcontractor or the Supplier to Documents the ice the benefit of prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance OWNER and ENGINEER. Whenever any such agreement with the Supplementary Conditions,OWNER's acceptance is with a Subcontractor or Supplier who is listed as an (either in writing or by failing to make written objection additional 5 06,ethe agreementebetween the CON1TRAC- ' thereto by the date indicated for acceptance or objection in TOR and the Subcontractor or Supplier will contain the Bidding locuments or the Contract Documents)of any provisions whereby the Subcontractor or Supplier waives such Subcontractor, Supplier, or other individual or entity P so identified may be revoked on the basis of reasonable all rights against OWNER, CONTRACTOR, ENGINEER, I00700-21 I ENGINEER'S Consultants, and all other individuals or 6.09 Laws and Regulations entities identified in the Supplementary Conditions to be I listed as insureds or additional insureds (and the officers, directors,partners,employees,agents,and other consultants A. CONTRACTOR shall give all notices and comply and subcontractors of each and any of them) for all losses with all Laws and Regulations applicable to the and damages caused by, arising out of, relating to, or ° � of the Work. Except where otherwise 111 resulting from any of the g expressly required by applicable Laws and Regulations, Y perils or causes of loss covered by neither OWNER nor ENGINEER shall be responsible for such policies and any other property insurance applicable to monitoring CONTRACTOR'S compliance with any Laws the Work. If the insurers on any such policies require or Regulations. I separate waiver forms to be signed by any Subcontractor or Supplier,CONTRACTOR will obtain the same. B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws o 6.07 Patent Fees and Royalties I Regulations, CONTRACTOR shall bear all claims, costs, A. CONTRACTOR shall pay all license fees and losses, and damages (including but not limited to all fees royalties and assume all costs incident to the use in the and charges of engineers, architects, attorneys, and other performance of the Work or the incorporation in the Work resolution costs) arising out of orirelating to such Work; of any invention,design,process,product,or device which however, it shall not be CONTRACTOR'S primary is the subject of patent rights or copyrights pyrights held by others. responsibility to make certain that the Specifications and If a particular invention,design,process,product,or device Drawings are in accordance with Laws and Regulations, is specified in the Contract Documents for use in the but this shall not relieve CONTRACTOR of performance of the Work and if to the actual knowledge of CONTRACTOR'S obligations under paragraph 3.03. OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or h I royalty to others, the existence of such rights shall be C' Changes m Laws or Regulations not known at the disclosed by OWNER in the Contract Documents. To the time of opening of Bids (or, on the Effective Date of the fullest extent permitted by Laws and Regulations, Agreement if there were no Bids) having an effect on the I CONTRACTOR shall indemnify , cost or time of performance of the Work may be the subject OWNER,ENGINEER,ENGINEER'S Consultantshandthe of an adjustment in Contract Price or Contract Times. If officers,directors,partners,employees or agents,and other OWNER and CONTRACTOR are unable to agree on consultants of each and any of them from and against all entitlement to or on the amount or extent, if any, of any ' claims, costs, losses, and damages g such paragraph 10.05. a Claim may be made therefor as provided g (including but not in pazagraph 10.05. limited to all fees and charges of engineers, architects,or attorneys, and other professionals and all court arbitration or other dispute resolution costs) arising out of 6.10 Taxes ' or relating to any infringement of patent rights or copyrights incident to the use in the performance A. CONTRACTOR shall pay all sales, consumer, Work or resulting from the use i p ormance of the use, and other similar taxes required to be paid by I Work invention, design, incorporation in the Work of CONTRACTOR in accordance with the Laws and gn, process, product, or device not Regulations of the place of the Project which are applicable specified in the Contract Documents. during the performance of the Work. 6.08 Permits II 6.11 Use of Site and Other Areas A. Unless otherwise provided in the Supplementary A. Limitation on Use of Site and Other Areas , Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such I. CONTRACTOR shall confine all construction equipment,the storage of and governmental charges and inspection fees necessary for the equipment,and the operations of workers to the Site I permits and licenses. CONTRACTOR shall a prosecution of the Work which are applicable at the time of and other areas permitted by Laws and Regulations, and shall not opening of Bids, or, if there are no Bids, on the Effective .unreasonably encumber the Site and Date of the Agreement. CONTRACTOR shall pay all materials areas with construction equipment TCT or other I charges of utility owners for connections to the Work, and materials or equipment. CONTRACTOR shall OWNER shall assume full responsibility for any damage to any Pay all charges of such utility owners for such land or area, or to the owner or occupant capital costs related thereto,such as plant investment fees. thereof, or of any adjacent land or areas resulting I from the performance of the Work. I 00700-22 ■ I ' 2. Should any claim be made by any such of the Work, these record documents, Samples,and Shop owner or occupant because of the performance of Drawings will be delivered to ENGINEER for OWNER- the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise 6.13 Safety and Protection III resolve the claim by arbitration or other dispute resolution proceeding or at law. A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precau- 3. To the fullest extent permitted by Laws tions and programs in connection with the for the I and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, CONTRACTOR shall take all necessary precautions of, and shall provide the necessary protection to ENGINEER'S Consultant, and the officers, prevent damage,injury or loss to: directors, partners, employees, agents, and other 1. all persons on the Site or who may be consultants of each and any of them from and affected b the Work; against all claims, costs, losses, and damages y (including but not limited to all fees and charges of 2, all the Work and materials and equip- professionals architects, attorneys, and other professionals and all court or arbitration or other merit to be incorporated therein,whether in storage dispute resolution costs) arising out of or relating to on or off the Site;and any claim or action, legal or equitable, brought by 3. other property at the Site or adjacent c any such owner or occupant against OWNER, ENGINEER, or any other party indemnified thereto, including trees, shrubs, lawns,walks,pave- hereunder roadways, structures, utilities, and Under- CONTRACTOR'S performance of the Work. hereunder to the extent caused by or based upon ground Facilities not designated for removal,reloca- tion,or replacement in the course of construction. B. Removal of Debris During Performance of the B. CONTRACTOR shall comply with all applicable Work: During the progress of the Work CONTRACTOR all Sd e frm mtins Laws and Regulations relating to the safety of persons or of sh waste keep the materialsite,anrubbishoth,r and areas other free debris.o Removal accuula o and property, or to the protection of persons or property from disposal of such waste materials, rubbish, and other debris damage, injury, or loss; and shall erect and maintain all shall conform to applicable Laws and Regulations. necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property C. Cleaning: Prior to Substantial Completion of the and of Underground Facilities and other utility owners Work CONTRACTOR shall clean the Site and make it when prosecution of the Work may affect them, and shall ready for utilization by OWNER. At the completion of the cooperate with them in the protection, e o a 1, relocat on loss to any property referred to in paragraph , Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and and replacement of their property. h 6.13.A.2 or surplus materials and shall restore to original condition all 6.13.A.3 caused, directly or indirectly,oin Supplier,or in any property not designated for alteration by the Contract by CONTRACTOR, any employed by Documents. other individual or entity directly or in Work, o anyone for any of them to perform any D. Loading Structures: CONTRACTOR shall not whose acts any of them may be liable,shall be remedied by load nor permit any part of any structure to be loaded in CONTRACTOR(except damage or loss attributable to the ' any manner that will endanger anypar the the Woke or adjacent fault of of OWNER Drawings or or Specifications NNGNNEER or ENGINEER'S CONTRACTOR subject any part of the Consultant,or anyone employed by any of them,or anyone property to stresses or pressures that will endanger it. for whose acts any of them may be liable, and not attributable,directly or indirectly,in whole or in part,to the I6.12 Record Documents fault or negligence of CONTRACTOR or any A. CONTRACTOR shall maintain in a safe place at Subcontractor, Supplier, or other individual o��j entity of the Site one record copy of all Drawings, Specifications, directly or indirectly employed by any Addenda, Written Amendments, Change Orders, Work CONTRACTOR'S duties and responsibilities for safety and I Change Directives,Field Orders,and written interpretations show for l protection Wok of the Work shall ENGINEER hachstied a and clarifications in good order and annotated t ' changes made during construction. These record notice to OWNER and CONTRACTOR in accordance with documents together with all approved Samples and a paragraph 14.07.B that the Work is acceptable (except at counterpart of all approved Shop Drawings will be otherwise al Completion)provided in connection with. available to ENGINEER for reference. Upon completion 1 00700-23 I 6.14 Safety Representative 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. ' experiA. CONTRACTOR shall designate a qualified and enced safety C. Where a Shop Drawing or Sample is required by ty representative at the Site whose duties the Contract Documents or the schedule of Shop Drawings I and responsibilities shall be the prevention of accidents and the maintaining and supervising and Sample submittals acceptable to ENGINEER as programs. ing of safety precautions and required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent 6.15 Hazard Communication Programs submittal will be at the sole expense and responsibility of 1 CONTRACTOR. A. CONTRACTOR shall be responsible for coordi- nating any exchange of material safety data sheets or other D Submittal Procedures I hazard communication information required to be made available to or exchanged between or among employers at l I. Before submitting each Shop Drawing or the Site in accordance with Laws or Regulations. Sample,CONTRACTOR shall have determined and I verified: 6.16 Emergencies a. all field measurements, quantities, A. In emergencies affecting the safety dimensions, specified performance criteria, , ety or protection installation requirements, materials, of persons or the Work or property at the Site or adjacent >ilar information� catalog thereto, CONTRACTOR is obligated to act to prevent numbers, and similar infom�ation with respect threatened damage, injury, or loss. CONTRACTOR shall thereto; give ENGINEER prompt written notice if CONTRACTOR I believes that any significant changes in the Work or b• all materials with respect m intended use, variations from the Contract Documents have been caused fabrication, shipping, handling, storage, error- thereby or are required as a result thereof. If ENGINEER ma and installation pertaining to the perfor- deterrnines that a change in the Contract Documents is mance of the Work; ' required because of the action taken by CONTRACTOR in meth- response to such an emergency, a Work Change Directive e• all information ues, s u relative and means, meth_ or Change Order will be issued. ods, techniques, sequences, and procedures of I construction and safety precautions and 6.17 Shop Drawings and Samples programs incident thereto;and A. CONTRACTOR shall submit Shop Drawings to d. CONTRACTOR shall also have ' g reviewed and coordinated each Shop Drawing or ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample and with the requirements Shop s of the Drawings Work Samples submittals. All submittals will be identified as ENGINEER and with the requirements of the Work and the I may require and in the number of copies specified in the Contract Documents. General Requirements. The data shown on the Shop 2 Drawings will be complete with respect to Each submittal shall bear a stamp or Drawings dimensions, specified p quantities, specific written indication that CONTRACTOR has I sp performance and design criteria, satisfied CONTRACTOR'S obligations under the materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR Contract OR's a review and approval of at proposes to provide and to enable ENGINEER to review CONTRACTOR'S review and approval of that ' the information for the limited submittal. paragraph 6.17.E. purposes required by 3. At the time of each submittal, CON- TRACTOR CONTRACTOR Shay also submit S les to TRACTOR shall give ENGINEER specific written I ENGINEER for review and approval in accordance with notice of such variations, if any, that the Shop the acceptable schedule of Shop Drawings Drawing or Sample submitted may have from the the acceptable p rags and Sample requirements of the Contract Documents, such I submittals. Each Sample will be identified clearly as to material, Supplier,pertinent data such as catalog numbers, notice the u in a written n communication separate cause and the use for which intended and otherwise as ENGI- from the submittal; and, in addition, shall cause a NEER may require to enable ENGINEER to review the specific notation to be made on each Shop Drawing submittal for the limited purposes required and approval of sto uch ENGINEER for review ' uired by paragraph and approval of each such variation. I 00700-24 I 1 disagreements, except as permitted by paragraph 15.04 or E. ENGINEER's Review as OWNER and CONTRACTOR may otherwise agree in 1. ENGINEER will timely review and writing. approve Shop Drawings and Samples in accordance 1 6.19 CONTRACTOR's General Warranty and with the schedule of Shop Drawings and Sample Guarantee submittals acceptable to ENGINEER. ENGINEER'S review and approval will be only to arantees to A. CONTRACTOR warrants and gu determine if the items covered by the submittals OWNER,ENGINEER, and ENGINEER'S Consultants that 1 will, after installation or incorporation in the Work, conform to the information given in the Contract all Work will be in accordance with the Contract Docu- ments and will not be defective. CONTRACTOR's Documents and be compatible with the design warranty and guarantee hereunder excludes defects or concept of the completed Project as a functioning damage caused by: 1 whole as indicated by the Contract Documents. 1, abuse, modification, or improper maui- 2. ENGINEER'S review and approval will modification, improper than CON- TRACTOR,or operation by p hers,or any other not extend to means, methods, techniques, TRACTOR, Subcontractors, Suppliers,1 where a sequences, or cu procedures of construction technique, individual or entity for whom CONTRACTOR is where a particular means, method, technique, responsible;or sequence, or procedure of construction is res p specifically and expressly called for by the Contract 2. normal wear and tear under normal 1 Documents) or to safety precautions or programs incident thereto. The review and approval of a usage. separate item as such will not indicate approval of B CONTRACTOR'S obligation to perform and the assembly in which the item functions. complete the Work in accordance with the Contract 3. ENGINEER'S review and approval of Documents shall be absolute. None of the following will Shop Drawings or Samples shall not relieve CON- constitute the acceptance Dof Work that is noat release anof 1 TRACTOR from responsibility for any variation perform the Work in from the requirements of the Contract Documents CONTRACTOR'S obligation to p unless CONTRACTOR has in writing called accordance with the Contract Documents: ENGINEER'S attention to each such variation at the 1 observations by ENGINEER; 1 time of each submittal as required by paragraph 6.17.D.3 and ENGINEER has given written 2. recommendation by ENGINEER or pay- approval of each such variation by specific written rnent by OWNER of any progress or final payment; notation thereof incorporated in or accompanying 1 the Shop Drawing or Sample approval;nor will any the issuance of a certificate of Substantial approval by ENGINEER relieve CONTRACTOR Com letion by ENGINEER or any payment related from responsibility for complying with the require- p 1 ments'of paragraph 6.17.D.1. thereto by OWNER; 4. use or occupancy of the Work or any part F. Resubmittal Procedures thereof by OWNER; I 1. CONTRACTOR shall make corrections 5 any acceptance by OWNER or any required by ENGINEER and shall return the failure to do so; required number of corrected copies of Shop 1 Drawings and submit as required new Samples for 6. any review and approval of a Shop review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than Drawing or Sample submittal or the issuance of a the corrections called for by ENGINEER on previ- notice of acceptability by ENGINEER; 1 ous submittals. 7. any inspection, test, or approval by others;or 6.18 Continuing the Work g, any correction of defective Work by A. CONTRACTOR shall carry on the Work and OWNER. 1 adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or I 1 00700.25 1 1 6.20 Indemnification 1. the preparation or approval of, or the A. To the fullest extent by failure to prepare or approve, maps, Drawings, Permitted b Laws and opinions, reports, surveys, Change Orders, designs, Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consul- or Specifications;or tants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each 2• giving directions or instructions, or and any of them from and against ailing to give damage. mam, if that is the primary cause of and damages (including but not all c�claims, all fees and the injury or damage. charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute ARTICLE 7-OTHER WORK resolution costs) arising out of or relating to the perfor- mance of the Work, provided that any such claim, cost, loss,or damage: 7.01 Related Work at Site 1. is attributable to bodily injury, sickness, A disease, or death, or to injury to or destruction of A. OWNER may perform other work related to the disease, property Project at the Site by OWNER's employees, or let other operty (other than the Work itself), direct contracts therefor, or have other work performed by including the loss of use resulting therefrom;and utility owners. If such other work is not noted in the Con- tract Documents,then: Con- 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or 1• written notice thereof will be given to entity directly or indirectly employed by any of work; prior to starting any such other them to perform any of the Work or anyone for wok'and whose acts any of them may be liable,regardless of whether or not caused in part by any negligence or 2 if OWNER and CONTRACTOR are 111 omission of an individual or entity indemnified unable to agree on entitlement to or on the amount hereunder or whether liability is imposed upon such or extent, if any, of any adjustment in Contract indemnified party by Laws and Regulations regard- Price or Contract Times that should be allowed as a less of the negligence g result of such other work, a Claim may be made gligence of any such individual or therefor as provided in paragraph p graph 10.05. B. In any and all claims against OWNER B. CONTRACTOR shall afford each other contractor NEER or any of their re or ENGI- who is a party to such a direct contract and each utility spective consultants, agents, owner(and OWNER, if OWNER is performing the other officers,directors,partners,or employees by any employee work with OWNER's employees) {or the survivor or personal representative of such proper and safe access to employee) of CONTRA the Site and a reasonable opportunity for the introduction R, any Subcontractor, any and storage of materials and equipment and the execution Supplier, or any individual or entity directly or indirectly of such other work and shall properly coordinate the Work employed by any of them to perform any of the Work, or with theirs. Unless otherwise provided in the Contract anyone for whose acts any of them may be liable, the indemnification obligation under paragraph Documents, CONTRACTOR shall do all cutting, fitting, not indemnification be limited in any way by any p graph 6.20.A shall and patching of the Work that may be required to properly Y Y Y y limitation on the amount connect or otherwise make its several parts come together or type of damages, compensation, or benefits payable by properly Y and R integrate ll o with such other work. CON- or for CONTRACTOR or any such Subcontractor, Suppli- TRACTOR ' R shall not endanger any work of others by er, or other individual or entity under workers' compen- cutting, excavating, or otherwise altering their work and sation acts,disability benefit acts,or other employee benefit will only cut or alter their work with the written consent of acts. ENGINEER and the others whose work will be affected. C. The indemnification obligations of CONTRAC- The duties and responsibilities of CONTRACTOR under TOR under paragraph 6.20.A shall not extend to the this paragraph are for the benefit of such utility owners and liability of ENGINEER and ENGINEER'S Consultants or other contractors to the extent that there are comparable to the officers, directors, partners, employees, a ants and provisions for the benefit of CONTRACTOR in si direct g contracts between OWNER and such utility owners and other consultants and subcontractors of each and any of other contractors. them arising out of: C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by 1 00700-26 1 • ' 8.04 Pay Promptly When Due others under this Article 7, CONTRACTOR report shall I1�TEER in to CONTRAC- such other work and promptly A, OWNER shall make payments rovided in writing any delays, defects, or deficiencies fo such other TOR promptly when they are due as p work that render it unavailable or unsuitable for the proper I execution and results of CONTRACTOR'S Work. paragraphs 14.02.0 and 14.07.C. CONTRACTOR'S failure to so report will constitute for 8.05 Lands and Easements; Reports and Tests acceptance of such other work as fit and proper providing lands integration with CONTRACTOR'S Work except for latent A OWNER'S duties in respect of p surveys to and easements and providing engineering defects and deficiencies in such other work. establish reference points are set forth in paragraphs 4.01 7.02 Coordination and 4.05. Paragraph 4.02 refers to OWNER'S copies identifying and making available to CONTRACTOR cop A. If OWNER intends to contract with others for the I performance of explorations and tests of subsurface conditions existing will of other r h i on the Project at the Site, the drawings of physical conditions in or relating following will be set forth in Supplementary Conditions: surface or subsurface structures at or contiguous to in preparing he Site who will have that have been utilized by I 1. the individual or entity Contract Documents. authority and responsibility for coordination of the activities among the various contractors will be 8.06 Insurance identified; in respect to pe A. OWNER'S responsibilities, if any, a pest to 2, the specific ons brs to be covered by purchasing and maintaining liability and property will be itemized; p such authority and responsibility are set forth in Article 5. I and 8.07 Change Orders 3. the extent of such authority and responsi- a Orders as bilities will be provided. A. OWNER is obligated to execute Chang I Supplementary indicated in paragraph 10.03. $. Unless otherwise provided in the Supp Conditions, OWNER shall have sole authority and respon- sibility 8 08 Inspections, Tests, and App for such coordination. I Approvals A. OWNER'S responsibility in respect tocerta ARTICLE 8-OWNER'S RESPONSIBILITIES inspections, tests, and approvals is set forth in paragraph A 13.03.B. I 8.01 Communications to Contractor 8.09 Limitations on OWNER's Responsibilities direct, or have A. The OWNER shall not supervise,responsible for, A. Except as otherwise provided in these General control or authority over, nor be respo I CONTRA OWNER shall issue all communications to CONTRACTOR'S means,methods, techniques, sequences,es, CONTRACTOR through ENGINEER. or procedures of construction,or the safety p failure of CON- TRACTOR incident thereto, or for any 8.02 Replacement of ENGINEER TRACTOR to comply with Laws and Regulations applica- t employment of ble to the performance of the Work. OWNER will not be iii A. In case of termination of the employm responsible for CONTRACTOR'S failure to perform the CONTRACTOR OWNER shall appoint l engineer ob ecti , whom p CONTRACTOR makes no reasonable objection, whose Work in accordance with the Contract Documents• status under the Contract Documents shall be that of the 8.10 Undisclosed Hazardous Environmental former ENGINEER. Condition I 8.03 Furnish Data A. OWNER'S responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in IA. OWNER shall promptly furnish the data required paragraph 4.06. of OWNER under the Contract Documents. I 00700-27 I I 1 8.11 Evidence of Financial Arrangements 9.03 Project Representative A. If and to the extent OWNER has agreed to famish ' CONTRACTOR reasonable evidence that financial A. If OWNER and ENGINEER agree, ENGINEER arrangements have been made to satisfy py�R�S will furnish a Resident Project Representative to assist obligations under the Contract Documents, OWNER s ENGINEER.in.providing more extensive observation of the responsibility in respect thereof will be as set forth in the Work. The responsibilities and authority and limitations Supplementary Conditions, thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another I ARTICLE 9-ENGINEER'S STATUS DURING representative or agent to represent OWNER at the Site CONSTRUCTION who is not ENGINEER'S Consultant, agent or employee, the responsibilities and authority and limitations thereon of I such other individual or entity will be as provided in the 9.01 OWNER'S Representative Supplementary Conditions. A. ENGINEER will be O epresentativ 9.04 Clarifications and Interpretations I during the construction period. Thduties and responsie bilities and the limitations of authority of ENGINEER as A. ENGINEER will issue with reasonable prompt- OWi s and representative during ness such written clarifications or interpretations of the in O the Cos rep representative � construction are set forth requirements of the Contract Documents as ENGINEER Documents and will not be changed without written consent of OWNER and ENGINEER. may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract 9.02 Visits to Site Documents. Such written clarifications and interpretations I will be binding on OWNER and CONTRACTOR. If A. ENGINEER will make visits to the Site at inter- OWNER and CONTRACTOR are unable to agree on vals appropriate to the various stages of construction.as entitlement to or on the amount or extent, if any, of any 1 ENGINEER deems necessary adjustment in the Contract Price or Contract Times,or both, I ary in order to observe as an that should be allowed as a result of a written clarification experienced and qualified design professional the progress that has been made and the quality of the various aspects of in interpretation,10. a Claim may be made therefor as provided CONTRACTOR'S executed Work. Based on information paragraph 10.05. obtained during such visits and observations, ENGINEER, for the benefit of OWNER, 9.05 Authorized Variations in Work Work is proceeding �will determine,in general,if the Documents. ENGINEER accordance be required C to nmake A. ENGINEER may authorize minor variations in the exhaustive or continuous inspections on the Site to check Work from the requirements of the Contract Docum the quality or quantity of the Work. ENGINEER'S efforts which do not involve an adjustment in the Contract Pricenor will be directed toward providing for OWNER a the Contract Times and are compatible with the design I degree of confidence that the completed Work will eonf greater concept of the completed Project as a functioning whole as generally to the Contract Doc indicated by the Contract Documents. These may be Documents. On the basis of such accomplished by a Field Order and will be binding on visits and observations, ENGINEER will keep an of observations, of the ENGINEER will se OWNER OWNER and also on CONTRACTOR, who shall guard OWNER against defective Work. the Work involved promptly. If OWNER and CON'TRAC TOR are unable to agree on entitlement to or,on the amount B. ENGINEER's visits and observations are subject or extent,if any,of any adjustment in the Contract Price or I to all the limitations visits ENGINEER'S authority �d Contract Times, or both, as a result of a Field ragra,h responsibility set forth in paragraph 9.10, and particularly, Claim may be made therefor as provided in paragraph without limitation,during or as a result of ENGINEER'S 14.05. p Smph visits or observations of CONTRACTOR'S Work ENGINEER will not supervise, 9.06 Rejecting Defective Work authority over or be responsible direct,Cp control, or have means, oveds, techniques,responsible sequenor or procedures Nl'CONTRACTOR'S A. ENGINEER will have authority to disapprove or construction, or the safety precautions and programs reject Work which ENGINEER believes to be defective,or I incident thereto, or for any failure of CO that ENGINEER believes will not produce a completed incident then Laws and Re CONTRACTOR to Project that conforms to the Contract Documents or that performance of the Work. Regulations applicable to the will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by I the Contract Documents. ENGINEER will also have I 00700-28 I i 1 or Regulations in respect of any such Claim, dispute, or authority to require special inspection or testing of the other matter. ' Work as provided in paragraph 13.04, whether or not the Work is fabricated,installed,or completed 9.10 Limitations on ENGINEER'S Authority and 9.07 Shop Drawings, Change Orders and Payments Responsibilities ' A. Neither ENGINEER'S authority or responsibility A. In connection with ENGINEER'S authority as to under this Article 9 or under any other provision of the Shop Drawings and Samples,see paragraph 6.17. I B. In connection with ENGINEER'S authority as to Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, Change Orders,see Articles 10, 11,and 12. exercise, or performance of any authority or responsibility impose, or give rise to any by ENGINEER shall create, imp ENGINEER to C. In connection with ENGINEER'S authority as to duty in contract,tort,or otherwise owed by Su lier, any Applications for Payment,see Article 14. CONTRACTOR, any Subcontractor, any pp ee other individual or entity, or to any surety for or employ 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quantities or agent of any of them. I direct,control,or B. ENGINEER will not supervise, and classifications of Unit Price Work performed by have authority over or be responsible encesr CONTRACTOR. ENGINEER will review with CON- CONTRACTOR'S means,methods,techniques, sequences, I TRACTOR the ENGINEER'S preliminary determinations precautions and on a written decision thereon or procedures of construction, or the safety p failure of (by such matters before rendering an incident thereto, or for any (by recommendation of an Application for Payment or programs CONTRACTOR to comply with Laws and Regulations otherwise). ENGINEER'S written decision thereon will be applicable to the performance of the Work. ENGINEER failureER final and binding (except as modified by ENGINEER to wipll not be responsible for CONTRACTOR reflect changed factual conditions or more accurate data) perform the Work in accordance with the Contract upon OWNER and CONTRACTOR, subject to the Documents. provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor,any Documents and Acceptability of Work Supplier, or of any other individual or entity performing I any of the Work. A. ENGINEER will be the initial interpreter of the Application for requirements of the Contract Documents and judge of the D. ENGINEER'S review of the final App acceptability of the Work thereunder. Claims,disputes and Payment and accompanying documentation and all mainte- nance matters relating to the acceptability of the Work, the nance and operating instructions, schedules, guarantees, quantities and classifications of Unit Price Work, the ctiion tests and approvals, and Bonds, certificates of inspection,interpretation of the requirements of the Contract other documentation required to be delivered by paragraph Documents pertaining to the performance of the Work, and be required to determine generally that their Claims seeking changes i in the ENGINEER Price or Contract in 14.07.tcomplies lwith the requirements of, and in that t the I Times will be referredrovisioyso ENGINEER1n 05, with In of certificates of inspections, tests, and app the Contract the case request for with the decision.provisions of paragraph 10.05, with a results certified indicate compliance with, request for a formal decision. Documents. I B. When functioning as interpreter and judge under authority and responsibility this paragraph 9.09,ENGINEER will not show partiality to E. The limitations upon set forth in this paragraph 9.10 shall also apply to OWNER or CONTRACTOR and will not be liable in ENGINEER'S this paragraph 9.10 s Resident Project apply o connection with any interpretation or decision rendered in Repre- sentative,and assistants. good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect i to ARTICLE 10-CHANGES IN THE WORK;CLAIMS any such Claim,dispute,or other matter(except any I have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a 10.01 Authorized Changes in the Work condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may A. Without invalidating the Agreement and without Iotherwise have under the Contract Documents or by Laws notice to any surety, OWNER may, at any time or from I00700-29 I 1 I time to time, order additions, deletions, or revisions in the 04 Work by a Written Amendment, a Change Order, or a 10' N°tcation to Surety Work Change Directive. Upon receipt of any such document, CONTRACTOR shall rom tl A. If notice of any change affecting the general scope the Work involved which will be performed under of the Work or the provisions of the Contract Documents applicable conditions of the Contract Documents(except as (including, iiimes)is but not limited r Corns of Price or Contract otherwise specifically provided). Times) required by the provisions of any Bond to be given to a surety, the giving of any such notice will be B. If OWNER and CONTRACTOR responsibility. The amount of each NTRACTOR are unable to applicable Bond will be adjusted to reflect the effect of any agree on entitlement to, or on the amount or extent, if any, such change. I of an adjustment in the Contract Price or Contract Times,or both, that should be allowed as a result of a Work Change Directive, a Claim may be g 10.05 Claims and Disputes Y made therefor as provided in I Paragraph 10.05. A. Notice: Written notice stating the general nature 10.02 Unauthorized Changes in the Work the each Claim,dispute,or other matter shall be delivered by the claimant to ENGINEER and the other party to the I A. CONTRACTOR shall not be entitled to Contract promptly(but in no event later than 30 days)after increase in the Contract Price or an extension of the the start of the event giving rise thereto. Notice of the Contract Times with respect to any work amount or extent of the Claim,dispute,or other matter with not required by the Contract Documenas�am that is supporting data shall be delivered to the ENGINEER and I modified, or supplemented as provided in paragraph �' the°��party to the Contract within 60 days after the start except in the case of an emergency as provided.3.04, of such event (unless ENGINEER allows additional time paragraph 6.1 b or in the case of uncovering Work as for claimant to submit additional or more accurate data in I provided in paragraph 13.04.B. support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.B. A 10.03 Execution of Change Orders Claim for an adjustment in Contract Time shall be prepared I A. OWNER and CONTRACTOR shall execute in accordance with the provisions of paragraph 12.02.B. appropriate Change Orders recommended by ENGINEER Each Claim shall be accompanied by claimant's written (or Written Amendments)covering: statement that the adjustment claimed is the entire I adjustment to which the claimant believes it is entitled as a 1• changes in the Work which are: (i) result of said event. The opposing party shall submit any ordered by OWNER pursuant to paragraph 10.01.A,re: (i) response to ENGINEER and the claimant within 30 days (ii) required because of acceptance of defective after receipt o the claimant's ti s last submittal (unless ' Work under paragraph 13.08.A or OVER S ENGINEER allows additional time), correction of defective Work under paragraph correction io or(iii)agreed ddefective to by the B. ENGINEER'S Decision: ENGINEER will render Y parties; a formal decision in writing I g within 30 days after receipt of 2• changes in the Contract Price or Contract the last submittal of the claimant or the last submittal of the Times which are agreed to by the parties, including opposing party, if any. ENGINEER'S written decision on any undisputed sum or amount of time for Work such Claim,OW OWNER or other matter will nl final and I actually performed in accordance with a Work binding upon OWNER and CONTRACTOR unless: Change Directive;and 1• an appeal from ENGINEER'S decision is I 3• changes in the Contract Price or Contract taken within the time limits and in accordance with Times which embody the substance of any written 16; dispute resolution procedures set forth in Article decision rendered by ENGINEER pursuant to 16;or pare_ ' graph 10.05;provided that,in lieu of executing any such Change Order, an appeal may be taken from 2 if no such dispute resolution procedures any such decision in accordance with the provisions have been set forth in Article 16,a written notice of of the Contract Documents and applicable Laws and intention to appeal from ENGINEER'S written Regulations, but during any such appeal, decision is delivered by OWNER or CONTRAC_ I CONTRACTOR shall carry any the Work and TOR to the other and to ENGINEER within 30 days adhere to the progress schedule as after the date of such decision, and a formal paragraph 6.18.A. provided in proceeding is instituted by the appealing in a forum of competent jurisdiction within 60 party after the date of such decision or within 60 days after I 00700-30 I Saturday, Sunday, or legal holidays, shall be I Substantial Completion, whichever is later (unless included in the above to the extent authorized by I otherwise agreed in writing by OWNER and OWNER. CONTRACTOR), to exercise such rights or remedies as the appealing party may have with 2. Cost of all materials and equipment fur- respect to such Claim, dispute, or other matter in nished and incorporated in the Work, including accordance with applicable Laws and Regulations. costs of transportation and storage thereof, and C. If ENGINEER does not render a formal decision Suppliers' field services required in connection within the time stated in paragraph 10.05.B, a therewith. All cash discounts shall accrue to in writing CONTRACTOR unless OWNER deposits funds to have denying the Claim in its entirety receipt of the last with CONTRACTOR with which to make pay- submittal have been issued 31 days after receipt of the last ments,in which case the cash discounts shall accrue submittal of the claimant or the last submittal of the to OWNER. All trade discounts, rebates aates ad I opposing party,if any. refunds and returns from sale of surplus and and equipment shall accrue to OWNER, D. No Claim for an adjustment in Contract Price or CONTRACTOR shall make provisions so that they Contract Times (or Milestones) will be valid if not may be obtained. submitted in accordance with this paragraph 10.05. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by ARTICLE 11 -COST OF THE WORK;CASH OWNER, CON- Subcontractors. If required by ' ALLOWANCES;UNIT PRICE WORK CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CON- TRACTOR and shall deliver such bids to OWNER, 11.01 Cost of the Work who will then determine, with the advice of ENGI- NEER,which bids,if any,will be acceptable. If any A. Costs Included: The term Cost of the Work subcontract provides that the Subcontractor is to be means the sum of all costs necessarily incurred and paid by said on the basis of Cost of the Work plus a fee,the CONTRACTOR in the proper performance of the Work. Subcontractor's Cost of the Work and fee shall be When the value of any Work covered by a Change Order or determined in the same manner as when a Claim for an adjustment in Contract Price is CONTRAC'TOR'S Cost of the Work and fee as -determined on the basis of Cost of the Work,the costs to be provided in this paragraph l 1.01. COIVT'RA only th p additional reimbursed or to incremental costs CTOR required will be because of the 4. Costs of special consultants (including change in the Work or because of the event giving rise to but not limited to engineers, architects, testing the Claim. Except as otherwise may be agreed to in writing laboratories, surveyors, gttorneys, and accountants) by OWNER,such costs shall be in amounts no higher than employed for services specifically related to the those prevailing in the locality of the Project, shall include Wk only the following items, and shall not include any of the the costs itemized in paragraph 11.01.B. 5.ing:Supplemental costs including I1. Payroll costs for employees in the direct follow employ of CONTRACTOR in the performance of a.The proportion of necessary transportation, the Work under schedules of job classifications travel, and subsistence expenses of I agreed upon by OWNER and CONTRACTOR. CONTRACTOR'S employees incurred in discharge Such employees shall include without limitation superintendents, foremen, and other personnel of duties connected with the Work. employed full time at the Site. Payroll costs for b. Cost, including transportation and main- ' employees not employed full time on the Work shall tenance; of all materials, supplies, equipment, be apportioned ro on the basis ih shof all include,time but t not be machinery, appliances, office, and temporary facili- the Work. Payroll costs shall include, but not be ties at the Site, and hand tools not owned by the limited to,salaries and wages plus the cost of fringe workers,which are consumed in the performance of I benefits, which shall include social security the Work,and cost,less market value,of such items taxes,workers'unemployment,oion, excise,and retirement payroll used but not consumed which remain the property taxes,workers' compensation,health and retirement of CONTRACTOR. benefits, bonuses, sick leave, vacation and holiday I pay applicable thereto. The expenses of performing Work outside of regular working hours, on I00700-31 I I c. Rentals of all construction equipment and machinery,and the parts thereof whether rented o•When all the Work is performed r the basis I from CONTRACTOR or others in accordance with of cost-plus, the costs of premiums for all.Bonds rental agreements approved by OWNER with the and insurance CONTRACTOR is required by the advice of ENGINEER, and the costs of Contract Documents to purchase and maintain. transportation, loading, unloading, assembly, I dismantling, and removal thereof. All such costs B Costs Excluded. The term Cost of the Work shall shall be in accordance with the terms of said rental not include any of the following items: agreements. The rental of any such equipment,ma- I chinery,or parts shall cease when the use thereof is 1• Payroll costs and other compensation of no longer necessary for the Work. CONTRACTOR'S officers, executives, principals (of partnerships and sole proprietorships), general d S consumer, use, and other similar managers, engineers, architects, estimators, attor- ' con- taxes related Sales,s the Work, and for which CON- neys, auditors, accountants, purchasing and con- TRACTOR is liable, imposed by Laws and Re tracting agents, expediters, timekeepers, clerks, and lations. gu- other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR'S.princi- pal I e. Deposits lost for causes other than ne li- or branch office for general administration of the gence of CONTRACTOR, any Subcontractor,g Work and not specifically included in the agreed R' Y ubcontractor, or upon schedule of job classifications referred to in anyone directly or indirectly employed by any of ' them or for whose acts any of them may be liable, paragraph r 11.01.A.1 or specifically covered be and royalty payments. .and fees for permits and paragraph 11.01.A.4, all of which are to be licenses. considered administrative costs covered by the CONTRACTOR'S fee. I f. Losses and damages (and related expenses) caused and damage damages the Work, not 2. Expenses of CONTRACTOR'S - compensated by and branch offices other than CONTRACTOR'S CONTRACTOR insurance or otherwise, sustained I CTOR in connection with the perfor- mance of the Work (except losses and damages within the deductible amounts of property insurance 3. Any part of CONTRACTOR'S capital established in accordance with paragraph 5.06.D), expenses, including interest on CONTRACTOR'S I provided such losses and damages have resulted capital employed for the Work and charges against from causes other than the negligence of CONTRACTOR for delinquent payments. CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or . 4 Costs due to the negligence of CON I for whose acts any of them may be liable. Such. TRACTOR, any Subcontractor, or anyone directly losses shall include settlements made with the or indirectly employed by any of them or for whose written consent and approval acts any of them may be liable, including but not pproval of OWNER No such limited to, the correction of defective Work, losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining supplied,al of materials any equipment wrongly CONTRACTOR'S fee. a and making good n?y damage to property. g. The cost of utilities, fuel, and sanitary 5. Other overhead or general ex se costs I facilities at the Site. ' of any kind and the costs of any item not specifically and expressly included in paragraphs III h. Minor expenses such as fete 11.01.A and 11.01.B. distance telephone calls, telephone serviergvice�atl the Site, expressage, and similar petty C. CONTRACTOR'S Fee: When all the Work is connection with the Work. p cash items performed on the basis of cost-plus, CO I NT'R Agreement. s fee shall be determined as set forth in the Agreement. When 1 When the Cost of the Work is used to the value of any Work covered by a Change Order or when determine the When Cost a Change Order or of a a Claim for an adjustment in Contract Price is determined Claim, the cost value premiums on the basis of Cost of the Work, CONTRACTOR'S fee I and insurance required because of the additional Bonds e shall be determined as set forth in paragraph 12.01.C. Work or caused by the event giving rise to the D. Documentation: Whenever the Cost of the Work Claim. I for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and I 00700-32 I maintain records thereof in accordance with generally 1. the quantity of any item of Unit Price iii accepted accounting practices and submit in a form Work performed by CONTRACTOR d to mate- geeb ENGINEER an itemized cost breakdown rially and significantly from the estimated quantity togethh with with h supporting data• of such item indicated in the Agreement;and I 11.02 Cash Allowances 2. there is no corresponding adjustment .with respect any other item of Work;and A. It is understood that CONTRACTOR has included CONTRACTOR believes that in the Contract Price all allowances so named in the 3. if CONTRA Contract Documents and shall cause the Work so covered CON if OR is entitled to an increase in to be performed for such sums as may be acceptable to 3. Contract Price as a result of having incurred addi- tional - OWNER and ENGINEER. CONTRACTOR agrees that: tional expense or OWNER believes that OWNER is 1. the allowances include the cost to CON- entitled to a decrease in Contract Price and the TRACTOR(less any applicable trade discounts) of parties are unable to agree as to the amount of any materials and equipment required by the allowances such increase or decrease. to be delivered at the Site, and all applicable taxes; Iand ARTICLE 12-CHANGE OF CONTRACT PRICE; 2. CONTRACTOR'S costs for unloading CHANGE OF CONTRACT TIMES and handling on the Site, labor, installation costs, ' overhead, profit, and other expenses contemplated 12.01 Change of Contract Price for the allowances have been included in the ed by a Contract Price and not in the allowances, and no A The Contract Price may only be Chang Y demand for additional payment on account of any of Change Order or by a Written Amendment. Any Claim for Ithe foregoing will be valid. an adjustment in the Contract Price shall ebaseedrrm to payment, an appropriate Change written notice submitted by the party making the Contract in B. Priors fmal paym , the ENGINEER and the other party Order will be issued as recommended by ENGINEER to accordance with the provisions of paragraph 10.05. I reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall B. The value of any Work covered by a Change be correspondingly adjusted. Order or of any Claim for an adjustment in the Contract I 11.03 Unit Price Work Price will be determined as follows: 1, where the Work involved is covered by A. Where the Contract Documents provide that all or unit prices contained in the Conrct Documents,by part of the Work is to be Unit Price Work, initially the a lication of such unit prices to the quantities of Contract Price will be deemed to include for all Unit Price the items involved(subject to the provisions of para- separately an amount equal to the sum of the unit price for each a h 11.03);or separately identified item of Unit Price Work times the g P II estimated quantity of each item as indicated in the Agree- ment. 2 where the Work involved is not covered The estimated quantities of items of Unit Price Work b u2. prices contained where e W r the involved is Documents are not guaranteed and are solely for the purpose of by a mutually agreed lump sum(which may include comparison of Bids and determining an initial Contract Y an allowance for overhead and profit not necessarily ' Price. Determinations of the actual quantities and 12.01.C.2);or classifications of Unit Price Work performed by in accordance with paragraph CONTRACTOR will be made by ENGINEER subject to 3. where the Work involved is not covered the provisions of paragraph 9.08. by unit prices contained in the Contract Documents ' and agreement to a lump sum is not reached under B. Each unit price will be deemed to include an �.a rah 12.O1.B.2,on the basis of the Cost of the amount considered by CONTRACTOR to be adequate to Wok (determined as provided in paragraph of the cover CONTRACTOR'S overhead and profit for each plus a CONTRACTOR'S provided fee for overhead 1 and Iseparately identified item. profit (determined as provided in paragraph C. OWNER or CONTRACTOR may make a Claim 12.01.C). for an adjustment in the Contract Price in accordance with ' paragraph 10.05 if: 00700-33 I I C. CONTRACTOR's Fee:: The CONTRACTOR'S fee for overhead and profit shall be determined as follows: pare' a to the Contract in accordance with the provisions of I paragraph 10.05. 1. a mutually acceptable fixed fee;or B. Any adjustment of the Contract Times covered by a Change Order or of any aim for I 2. if a fixed fee is not agreed upon, then a an adjustment in the Contract Times(or Milestones)will be fee based on the following percentages of the various portions of the Cost of the Work: deticl in accordance with the provisions of this Article 12 12. a. for costs incurred under paragraphs 12.03 Delays Beyond CONTRACTOR 1 11.01.A.1 and 11.01.A.2, the CONTRACTOR's Control fee shall be 15 percent; A. Where CONTRACTOR is prevented from I b. for costs incurred under paragraph completing any part of the Work within the Contract Times 11.01.A.3,b. for CONTRACTOR'S fee ragrap (or Milestones) due to delay beyond the control of five percent; CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such I c• where one or more tiers of subcon- delay if a Claim is made therefor as provided in paragraph are on the basis of Cost of the Work plus a 12.02.A. Delays beyond the control of CONTRACTOR and no fixed fee is agreed p shall include, but not be limited to, acts or neglect by I gi upon,the intent of OWNER, acts or neglect of utility owners or other paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever contractors performing other work as contemplated by tier,will be paid a fee of 15 percent of the costs Article 7, fires, floods, epidemics, abnormal, weather incurred by such Subcontractor conditions,or acts of God. I paragraphs 11.01.A.1 and 11.01.A.2 and that 12.04 Delays Within CONTRACTOR'S Control any higher tier Subcontractor and CON- TRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier A. The Contract Times (or Milestones) will not.be I Subcontractor; extended due to delays within the ,control of CONTRACTOR. Delays attributable to and within the d. no fee shall be payable on the basis of control of a Subcontractor or Supplier shall be deemed to I costs itemized under be delays within the control of CONTRACTOR. 11.01.A.5,and 11.01.B; paragraphs 11.OLA.4, 12.05 Delays Beyond OWNER'S and CONTRACTOR'S e. the amount of credit to be allowed by Control I CONTRACTOR to OWNER for any change A which results in a net decrease in cost.will be the Where CONTRACTOR is prevented from amount of the actual net decrease in cost plus a completing any part of the Work within the Contract Times ' deduction in CO • (or Milestones) due to delay beyond the control of both NTRACTOR's fee by an OWNER amount equal to five percent of such net and CONTRACTOR, an extension of the decrease;and Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR'S sole I f. when both additions and credits are in_ and exclusive remedy for such delay. volved in any one change, the adjustment in 12.06 Delay Damages I CONTRACTOR'S fee shall be computed on the basis of the net change in accordance with pare_ A. In no event shall OWNER graphs 12.01.C.2.a through 12.01.C.2.e, inclu- liable to CONTRACTOR, or ENGINEER Spp Supplier, any :any Supplier, or any other person or organization, or to any surety for or' I 12.02 Change of Contract Times employee or agent of any of them, for damages arising out of or resulting from: A. The Contract Times (or Milestones)may only be changed by a Change Order or by a Written Amendment 1 deOR.oaused by or within the control of I Any Claim for an adjustment in the Contract Times (or CONTRACTOR;or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other 2• delays beyond the ncntol of both I OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal I 00700-34 I I weather conditions, acts God, acts neglect Contract Documents. I by utility owners or other er contractors pea 3. as otherwise specifically provided in the performing public body having contemplated by Article 7. C. If haws or Regulations of any P specifically y having require any Work(or part theraeno emp employee or other work as contemp jurisdiction req roved by inspected, tested, or app CONTRACTOR in this paragraph 12.06 bars co a to be insp public body, ' B. Nothing to delay,this me a nc to other representative of such p for arranging Cg and obtaining Contract Price pursuant shall assume fall responsibility a all costs in CONTRACTOR due to deny, interferonce, or disruption or approval, pay such inspections, tests, furnish ENGINEER the required directly attributable to actions or inactions of OWNER or connection therewith,and fum approval. anyone for whom OWNER is responsible. inspection or app I certificates of insp for shall be responsible D. CONTRACTOR costs in connec- tion 13-TESTS AND INSPEC'T'IONS; and shall pay CORRECTION,REMOVAL OR ACCEPTANCE OF arranging and obtaining rl costs in con for with any inspections, tests, or app serials or I OWNER'S and ENGINEER'S acceptance of materials of DEFECTIVE WORK equipment to be incorporated in the Work;or acceptance mix designs, or equipment submitted for Defects materials, CTOR's purchase thereof for I 13.01 Notice of f approval prior to CONTRA Such inspections, tests, or defective Work of which incorporation in the Work. Such acceptable to A. prompt notice of all knowledge will be performed by g approvals shall be p OWNER or ENGINEER has actual defective Work will be pWNER and ENGINEER. Igiven to CONTRACTOR.or accepted as provided in this that is to be II rejected, corrected, E. If any Work(or the work of others) G Article 13. inspected, tested, or approved is covered by ER, it must, 13.02 Access to Work TOR without written concurrence of ENGINE 13 if requested by EI�TGL'vEER,be uncovered for observation. ENGINEER'S Con- A. OWNER, ENGINEER, Work as provided in paragraph other representatives and personnel of OWNER, F. Uncovering CONTRACTOR' expense unless independent laboratories, and governmental 13 03.E shall be at CONTRA timely notice of independent testing CONTRACTOR has given ENGINEER tixrn Y agencies the Work at interests ltimes s for have access to the ro niece f e Work at reasonable times for their observation, CONTRACTOR'S intention to reasonthe same and ENGI- he and th CONTRACTOR shall p NEER has not acted with I inspecting, and testing• them proper procedures and response to such notice. in ro er and safe conditions for such access and advise them of CONTRACTOR'S Site therewith as applicable. Uncovering Work programs so that they may comply 13.04 to the written A. If any Work is covered f eqa ested by ENGI- NEER,13.03 Tests and Inspections ER, it must, request of ENGINE CONTRACTOR shall give ENGINEER timely VEER, be uncovered for ENGINEER'S observation and A. COL replaced at CONTRACTOR'for s expense. notice of readiness of the Work for all required inspections, or advisable I tests, or approvals and shall cooperate spe inspection err tests. B. If ENGINEER considers it necessary ER or inspect- an testing personnel to facilitate required C at ENGINEER"s a for the services of that covered Work be observed to and pay ed or tested by others, se make available B. OWNER shall employ to perform all expose,or otherwise ER may I independent testing laboratory request,shall uncover,exp °r testing as ENGINEER furnishing all Documents the Contract for observation, inspection' question,inspections, tests, or approvals required by that portion of the Work in require, material,and equipment. If it is found that Documents except: approvals necessary labor,ma CONTRACTOR shall pay I l3.0, tests, .0 ahp such Work is defective, CONTRA (OR shall but all l for insp costs, losses, and damages 13.03.0 and 13.03.D below; Claims, engineers, architects, covered by paragraphs limited to all fees and charges of engin all court or attorneys, and other professionals arising out r' 2, that costs incurred in connection with arbitration or other dispute resolution costs) observation, I tests or inspections conducted pursuant toparagraph to such =covering, exposure, aid as provided in said paragraph or relating and of satisfactory replacement or of 13.04.B shall be p inspection, and testing, limited to all costs t of 13.04.B;and but not limi Ireconstruction (including I00700-35 I repair or replacement.of work of others); ' repair be replacement to an a , and OWNER has been Price. If the appropriate decrease in the Contract rejected by OWNER, thereof; shall be O entitled are unable to agree as to the and replace it with Work remove s nt ie_defective,the and Project) OWNER may make a Claim amount satisfactorily hat is not defective, and ni in Paragraph 10.05.If im therefor as provided Y correct or to or work and. ( ) be defective �however,such Work is not found to damage to other Work, to replace any not ' CONTRACTOR shall be or areas the work of others or other land be the Contract Once or an OR • allowed an increase resulting therefrom ith thto is If CONTRACTOR d II (or Milestones), or both, directly of the Contract Times aapromptly r n y h re d delay would d cause uses instructions,riousk o fl s uncovering, exposure, y attributable to such or damage,�Y where delay.y hav ause sedefe xposure. observation, infection, ��g mage, pWNER i2� risk of loss replacement,and osu e,reconstruction. If the corrected or r Y have the defective Work re- replacement, as to the amount or extent thereof, �unable to moved ��d or may have the rejected losses,Work and may make a Claim amount as CONTRACTOR and replaced, and all Claims provided in paragraph 10.05. damages ers architects,but not costs, losses, and of engineers, architects limited to all fees and charges 13.05 OWNER May and all court or arbitration or other dispute y Stop the Work professionals Wising out of or relating resolution costs) A. If the Work is defective, or CO removal and replacement to such correction or to supply sufficient skilled workers or CONTRACTOR fails costs removal eplacement (including but not limited touall touipment,or fails to suitable mate or repair or replacement of work of others the Bonn the Work in such a way that d by CONTR,aiCTOR. ) will be completed Work will conform to the Documents, O Contract OWNER may order CO B. In Documents,omen , any Portion thereof;CONTRACTOR to stop equipment is is placed led circumstances where a particular i order has been el' Of until cause for such Placed in continuous item of to stop eliminated; however, this rights OWNER Substantial Completion of all the Work,service before I pas been shall not give however,, this duty on the part period for that item may start to the correction of OWNER to exercise this right for so provided in run from an earlier date if CONTRACTOR, any Subcontractor, benefit of ment. the Specifications or by Written. other individual or entity, � any Supplier, any Amend- I agent of any of them. ty'ar any surety for,or employee or C. Where defective Work 13.06 Work resulting therefrom) has (and corrected or removed'other Correction or Removal ofDefective Work ) been c°rrected or and replaced under this paragraph 13.07, the co tion A. CONTRACTOR shall period hereunder with respect whether or not fabrics �correct all defective Work, extended for an additional to such Work will. be Work has been rejected installed, or completed, k' cols factor or removal period of one year after such Y ENGINES em dt or,if the satisfactorily completed, and replacement has been 111 Project and replace it with Work R'remove it from the CONTRACTOR t and re shall that is not defective. damages{including but pay!united l Cl , costs, losses, D. CONTRACTOR'S obligations t of engineers,s c(including attorneys, to all fees and charges paragraph The p ore i addition paragraph under this and aII court or arbitration or other and other professionals w��'' The Provisions of this Y°they obligation or andng out of or rela dispute resolution costs f be ny appgd as a substeutflim to a n or reposthe?shall not (including but not relating to such correction or removal of any applicable statute of limitation or Provisions replacement of work of others).to costs of repair or repose. 13.08 Acceptance of Defective Work. 13.07 Correction Period A. If, instead of requiring Qg correction or removal and A. within replacement of defective Work, OWNER Completion or such one after the date of Substantial E G ER's recommendation of final(ma prior to Period of Payment I prescribed by Laws or Re time as may be CO �) Prefers to accept it, OWNER. applicable special guarantee reed �e terms of any damages di shall pay all Claims,to all d h ge Documents or b Y the Contract g but not losses, and Y any specific of engineers,( din limited to all fees and charges provision of the Contract t architects,ar ai a or other and other professionals utionsio costs) Documents any Work is found to be defective, or if the and all court or arbitration or other dispute resolution Documents, of any damages to the land or attributable to O P elution costs) for C of any damages s use the land p areas made available WNER's evaluation of and determination Laws and Re OWNER or Permitted b to accept such defective Work (such costs to fe d Regulations as contemplated in paragraph 6.11.A by ENGINEER as to reasonableness) and the approved is found to be defective, CO value of the Work to without cost to OWNER and in accordance s al O promptly, the extent not otherwise ce If written ins WNER's CONTRACTOR occurs Pursuant to this sentence. paid by tractions: (i)repair such.defective land or areas, acceptance occurs n , t) instruction : (i)rep Work or,if of final P ar to ENGINEER s recommendation If any such the defective Work Payment, a Change Cotrct or incorporating the necessary ge Order will be issued cry revisions in the Contract 00700-36 I 1 I CONTRACTOR shall not be allowed an extension R shall be D. CON"I"C► because of any Documents with respect to the Work,and OWNE of the Contract Times(or Milestones) riate decrease in the Contract Price, the performance of the Work attributable to the exercise I reflecting to an i inis accepted. If the in by OWNER of OWNER'S the rights and remedies under er the reflecting the diminished value of oortkheoamo t thereof, paragraph R of parties are unable to agree provided• I OWNER may make a Claim therefor as p CONTRACTOR AND paragraph 10.05. If the acceptance occurs after such S TO CONTRA recommendation, amount will be paid by ARTICLE 14-PAYMENT recommendation, an W appropriate CONTRACTOR to OWNER. COMPLETION 13.09 OWNER May Correct Defective Work 14.01 Schedule of Values CONTRACTOR fails within a reasonable time provided in I A. If CONTRA ER to correct defective A. The schedule of values established as p Work wafter notice from e ENGINEER Work as required A. e schedule will serve as the basis for progress id d in Work G to remove and replace rejected a menu and will will incorporated into a form of e I by C ENGINEER in accordance with peragraph in accordance an if paragraph acceptable to ENGINEER. perform the Work C OR fails non for Payment CONTACTOR fails to p CTOR fails to a ants on account of Unit Price Work will be based on comply the Contract Documents,or V s oN o A the Contract payments of units completed. comply with any other p written notice Documents, OWNER may, after seven days any such Payments FOR, correct and remedy 14.02 Progress Pay d to CONTRA deficiency. locations for Payments A. ApP • B. In exercising the rights and remedies under this before the date estab- h OWNER shall proceed expeditiously. 1• At least 20 days (but not more paragraph, lished for each progress payment N (but not shall - connection with such corrective from all remedial part of often than once a month), Application for OVER may exclude CONTRA o f the Work and the Site, take CONTRACTOR'S all is or part submit to ENGINEER for review b CONTRACTOR CTOR's services related thereto, take Payment filled out and sign suspend .CONTRA fiances, con- the Work completed as of the date of the possession of CONTRACTOR'S tools, appliances, covering d by such supporting ra rate in equipment nl materials machinery land at equipment Site,and id at tth Application and accompanied the Contract Docii- ' n meet stored at the documentation as is required by rate in the Work all materials has paid CONTRACTOR but If payment is requested on the basis of R hasp mane equipment noted on in the Site or for which OWNER CONTRACTOR shall allow materials and eq p which are OWNER s elsewhere. CONTRA p Y the Applica- resentatives, agents and em land Work but delivered and suitably stored at incorporated Site e OWNER, at another location agreed to in writing bill ees, OWNER'S other contractors, and ENGINEER tion for Payment shall also be accompanied by a ENGINEER'S Consultants rights remedies under enable s of sale, invoice, or received documentation and equip- ment OWNER to ex that OWNER has re paragraph• ment free and clear of all Liens and evidence that C. All limited to costs,fees an charges damages of engineers the materials and equipment are covered at warranting es of engineers, appropriate property insurance or other arrange- or but not limited y an foes and and all court menu to protect OWNER'S interest therein, all e- architects, attorneys, and other professionals incurred or to OWNER of I rights and remedies which must be satisfactory or arbitration or other dispute rein theirighss) the second Application sustained by OWNER in exercising ed against CON- 2. Beginning under this paragraph 13.09 will be charged Payment, each Application shall include an and a Change Order will be issued Documents come t for Paym CONTRACTOR Sion that all include an TRACTOR, affidavit of CONTRA with the necessary revisions in the Contract Documents progress payments received on account of the Work I with respect to decrease Woe in and OWNER shall If the parties to have been apps rd on on account to the Work an appropriate decrease in the Contract Price. If th CONTRACTOR'S legitimate obligations associated agree as to the amount of the adjustment, CONTRA are unable to age provided in with prior Applications for.Payment. I OWNER . make a Claim therefor as p h 10.05. Such claims, costs, losses and damages 3. The amount of retainage•with respect to willtip repair, or stipulated in the will include but not of limited a all costs of rep by progress payments will be as stip replacement of work of o lacem destroyed of CONTRACTOR'S damaged Agreement. II I correction, removal, or rep defective Work. 00700-37 B. Review of Qpplkations I 1• ENGINEER 4Neither ENGINEER'S receipt of each ' within 10 days after COACTOR's Work for the review of Application for Pa mending payments nor ENG R S r es of recom- indicate in writing a recommendation $either INEER's r and present the payment tion of any payment, mmense, Application to O t, including final payment, will the Application to CONTRACTOR or return 'rec responsibility on ENGINEER to supervise,ENGINEER's reasons medicating in ods direct, control the Work or for the Pet vise, recommend refusing to techniques, sequences, - Payment. In the latter case, q or procedures of tee, CON c construction,or the safety precautions and TRACTOR may make the necessary corrections and incident thereto,or for CO resubmit the A programs I Application. comply with Laws and O ACTOR s failure to 2. CONT'1tACTOR's Regulations applicable to ENGINEER'S recommendation of any Additionally, performance of the Work. Payment r not ' said review or recommendation will I will constitute a�r man Application NGIN Payment any impose responsibility on ENGINEER to O representation ENGINEER to examination to make OWNER, based on ENGINEER,s observations Purposes CONTRACTOR ascertain how or for what the Site of the executed Work as an ex rations on t of the has used the qualified design professional experienced and paid on account of the Contract moneys i review of the ENGINEER'S determine that title to an �, or to Application for Payment and the equipment has any of Work,materials,or data and schedules,that to the passed to OWNER free and clear of ENGINEER's know/edge,e ' best of any Liens. g ,uifarmation and belief 111 a. the Work has 5. progressed to the the whole may refuse to recommend indicated; point any part of any ENGINEER'S. opinion, it would payment Yment if, o b. the q make the representations to O correct in I accordance quality of Work is generally in 1�ph 14.02.B.2. ENGINEER RER referred r f to e pct to Contact Documents (sub- recommend any payment may refuse J an evaluation of the Work as a sub Y such payment or, because of - g whole prior to or upon Substantial function- equently discovered evidence or the results of I lion, to the stantial Comple- subsequent inspections or tests,revise or revoke, t results of any subsequent tests called such payment recd for tion, the Contract D recommendation s urination of Documents, to a final deter- opinion extent as may Previously made, to quantities and classifications for Y be necessary in ENGINEER'S Unit Price Work under opinion to protect OWNER from loss because: Y other qualifications paragraph 9.08, and to recommendation);and stated the a. the Work is defective, or completed Work has been damaged,re c. the replacement; requiring correction or CONTRA conditions precedent C1'OR's being to is nt appear to have entitled to such pay_ b. the Contract Price has been 1NEER s fulfilled in so far as it Written Amendment or Change reduced by I Work responsibility to observe the g Orders; c. OWNER has been required to correct 3. defective Work or complete Work in accordance I ENGINEER will recommendigg any such payment with paragraph 13.09;or will not thereby be deemed to have represented that: (i) inspections quality or the quantity made to check the d. ENGINEER has knowledge o f the Performed have a a of the Work as it has been occurrence of any I exhaustive,extended to every Paragra h 15.02.Y of the events enume2ated in aspect of the Work in P A. aspect of of the i progress,or involved detailed specifically assigned beyond the responsibilities C. Payment Becomes Due I fined to ENGINEER ponsibilities Documents; INEER in the Contract , or (ii) that there matters or issues between the may not be other 1 Ten entitle CONTRACTOR parties that Wight Application days after presentation of the OWNER or entitle O R to be paid additionally by ENGINEER'S recommendation,yment to OWNER with I OWNER withhold payment mended will(subject toprovisions of t recom_. CONTRACTOR. P yment to 14.02.D)become due,and when due will be paragraph OWNER to CONTRACTOR. paid by 1 00700-38 I I ICONTRACTOR, and Promptly thereafter, 'OWNER, ENGINEER shall make an inspection of the Work does D. Reduction in Payment completion. If ENGINE I of determine the status of comp complete,ENGINEER i OWNER may refuse to make payment not consider the Work substantially giving N reasons E R ENGINEER will notify CONTRACTOR in writing the full amount recommended by therefor. If ENGINEER considers the Work substantially I because: complete,ENGINEER will prepare and deliver to OWNER made against OWNER comp cEe of Substantial l ppae and deliver to OWNER shall a. claims have been mad g a tentative certificate Completion. Thew which s ll on account of CONTRACTOR'S performance fvs the date of Substantial Comp or furnishing of the Work; attached to the certificate a tentative list of items VER completed or 'corrected fter before receipt l thymen tentative b. Liens have been filed in connection with shall have seven days objection to ENGINEER p CONTRACTOR has cate during which to make written I the Work, except where CONTRA to OWN- a ethe specific Bond satisfactory nand discharge as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER ENGINEER ER to secure the satisfaction and discharge of that the Work is not substantially complete, such Liens; 14 days after submission of the tentative s ling I will within CONTRACTOR the n writing,ve , entitling OWNER cate to OWNER notify CONTRA c. there are other items g to a set-off against the amount recommended;or the reasons therefor. If, after consideration of OWNER'S of the objections, ENGINEER considers said 14 days execute substantially ` d. OWNER has actual events enumerated complete,ENGINEER will FOR a definitive and paragraphs 1 any of the rough enumerated or deliver to OWNER and CONTRACTOR a revised h 14.02.B.S.c or certificate of Substantial Completion paragraphs 14.02.B.S.a through completed or corrected) h 15.02.A. tentative list of items to be comp paragraph es from the tentative certificate as I of reflecting such changes If OWNER refuses to make payment ENGINEER believes justified after consideration of the 2 ENGINEER, OWNER.justified the time consideration eration • OWNER full amount st recommended CTOR immediate objections from letion ENGINEER give CONTRACTOR tentative certificate of Substantial Completion CONTRACTOR a written pyVNER must S to ENGINEER) stating written notice (with a copy will deliver to OWNER and CONTRA responsibilities pending the reasons for such action and promptly pay CON- TRACTOR CTOR with after deduction recommendation as to divisionRoafna CONTRA I of o any amount remaining final payment between OWNER and, and protection of the R shall promptly respect to security, operation, insurance, and of the amount so withheld. OWNER maintenance, heat, utilities, pay CONTRACTOR the amount so withheld, or Work, Unless OWNER and agreed to by OWNER and guarantees. and so inform any adjustment thereto agr CONTRACTOR corrects to warranties and gu CONTR�►CTOR,c on CONTRA CONTRACTOR agree otherwise in writing ENGINEER in writing prior to ENGINEER'S C Completion, OWNER'S satisfaction the reasons for such action. definitive certificate of Substantial 's aforesaid recommendation f Substantial ti will be binding ' 3• Ir it l o subsequently paymet d not justified,u the ENGINEER' until o Payment. amount w wrongfully of payment was be on OWNER and CONTRACTOR wrongfully withheld shall be treated as an right to exclude amount due as determined by paragraph 14.02.C.1. B OWNER shall have the CONTRACTOR from the Site after the date of Substantial of Title Completion, but OWNER shall allow date of CONTRACTOR 14.03 CONTRACTOR'S Warranty f reasonable access to complete or correct items on the CONTRACTOR warrants and guarantees that title tentative list. I alA.l CONTRA covered by any to all Work, materials, and equipment m the 14.05 Partial Utilization Application for Payment, whether incorporated Project or not, will pass to OWNER no later than the time at OWNER'S option of any I of payment free and clear of all Liens. A. Use by OWNER e p of the Work which has substantially comp 14.04 Substantial Completion specifically been identified R,anContract N C'TO aree which OWNER, ENGINEER, and usable part of the or ' use CO considers the entire Work constitutes a separately functioning A. When CONTRA CONTRACTOR shall notify OWNER for its intended purpose OWNER for its intended use CONTRA Work that can be used by CONTRACTOR'ose OWNER and complete (e in writing items ems the entire i ca Work id without significant interference with (except for items specifically listed of the remainder of the Work, may be by CONTRACTOR comORe a lete and request that performance by CONTRACTOR as incomplete) ENGINEER issue a certificate of Substantial Comp letion. 00700-39 accomplished prior to Substantial Co I Work accomplished to prior following Sb Completion of all the conditions. corrections has identified during the final 1. OWNER and has delivered, in accordance with the Contract I TRACTOR NER at any time may request CON- instructions, all such NER to permit OWNER to me any instructions, schedule as guarantees,and operating Part of the Work which OWNER believes to certificates or f insurance Bonds, bu ready for its intended other evidence of I complete. If CONTRACTOR� use and substantial) Certificates of inspection, msm'ance of the Work ed agrees that such part meats (as provided n' marked-up record docu- be substantially complete, documents,CONTRACTOR paragraph y 6.12), and other of the OR will certify n to OWNER mP ' CON for final payment may make application NEER that such part of the Work substantially p Yment following the procedure for 111 complete and request progress payments. equest ENGINEER to issue a certificate a Substantial Completion for that part of the Work. CO 2. The final Application for Pa CONTRACTOR at any time may notify be accompanied(except as previously Payment shall I OWNER and ENGINEER in y delivered)by: writing that (r) all documentation called for in the CONTRACTOR considers any such Documents Contract Work ready for its intended use part of the , including but not limited to the and substantially evidence of insurance required by subparagraph ' complete and request ENGINEER to issue a certifi_ cafe of Substantial Completion 5.04.817; (ii) consent of the sure ve Work. Within mp on for that part of the Payment; and (iii) complete �' if may' to final thin a reasonable time after either such releases or waivers and legally effective ENGINEER s CONTRACTOR Lien rights (satisfactory or OWNER) of all 9 k OWNER, INEER shall make an and s arising out of or Liens filed in the Work to determine its tam of that part of connection with the Work. ENGINEER does not consider mPletion. If to be substantially complete part°f the Work 3• In lieu of the releases or waivers of Liens Il and CO specified in notify OWNER Nrl2q pR in writing will by OWNER, graph 14.07.A.2 and as approved giving the reasons therefor. or N and considers that If ENGINEER releases in full and may furnish receipts complete, part of the Work to be substantially CONTRACTOR affidavit of I mP , the rovisions of that: (i) the releases and receipts apply with respect paragraph 14.04 will include all labor, services, material, and equipment Completion of acct Ce�fi08non of Substantial for which a Lien could be filed;and rr o f responsibility Part of the Work and the division maters)and equipment bills and other indebtedness k payrolls, possibility in respect thereof connected with or ' thereto. and access OWNER's the Work for which OWNER be responsible have been might in any way be 2. No occupancy or se paid or otherwise satisfied, If Part of the Work paste operation of any Subcontractor or Supplier I with the re air may y or Prior to compliance release or receipt in her fads to furnish such a property ents of paregmph 5.10 regarding furnish a Bond or other collater collateral fmay OWNER to indemnify OWNER against any Lien. 14.06 Final Inspection II B. Review°ffApplicati°n and Acceptance the '. Upon written notice from CONTRACTOR 1• If,on the basis of ENGINEER'S Work or an agreed portion thereof is complete,that I iron of the Work during bserva_ OWNER and will CONTRACT omptl make a final inspectio with inspection g Construction and Erie) OR , and ENGINEER'S review of the final TRACTOR vvr and will notify CON Application for Payment and accompanying docu- pection reveals that the Work is incomplete required by the Contract Documents , CONTRAC'T'OR shall urcomplete or defective. ENGINEER is satisfied munediately take such Completed and CONTRACTOR'S that flue Fork has been are necessary to complete such Work or rem measures as other obligations deficiencies. remedy such under the Contract Documents have been fulfilled, ENGINEER will,within ten days after receipt of the 14.07 Final Payment final INEEicApplication s orecor Payment indicate in g ENG recommendation of d A. Application for Payment present the Application for Pa payment and I Payment. At the same Payment to OWNER for give time ENGINEER will also 1. After CONTRACTOR g written notice to OWNER and CON- opinion of ENGINEER, satisfactorily comp)completed all TRACTOR that the Work is acceptable subject to the the provisions of paragraph 14.09, I ENGINEER will return the Application Otherwise, pplicatios for Payment 00700-40 1 ' OF WORK AND in writing the ARTICLE 15 -SUSPENSION to CONTRACTOR, indicating' ��.. �RMINATION to recommend final payment, which for refusing shall make the which case Application 15.01 OWNER May Suspend Work necessary norrections and resubmit the App may for Payment. time and without cause, OWNER A. At any period of not A. the Work or any portion thereof for a pe C. payment Becomes Due notice in writing more than 90 consecutive days by days after the presentation to CONTRACTOR and ENGINEER which will fix the date 1. o1nTtY Y Payment and CONTRACTOR shall OWNER on the Application mti for the on which Work will be resumed. CONTRACTOR the amount accompanying documentation, resume the Work on the date so the Contact Price or when due, recommended by ENGINEER will become due and, shall be allowed an adjustment or both,Price or an when due, will be paid by OWNER to CON- extension of the Contract suspension if CONTRACTOR TRACTOR. attributable to any provided Times,,paragraph 10.05. makes a Claim therefor as p 14.08 Final Completion Delayed OWNER May Terminate for Cause CONTRACTOR, final 15.02 A. If, through no fault of CONTRA and if one or more of the I delayed, A. The occurrence of any completion of the Work is significantly shall, upon receipt of anon for cause: OWNER shall, up Payment and following events will justify termin CNNTRAC O so confirms, Application for Paym persistent failure to CONTRACTOR'S final ApP and without terminating 1. CONTRACTOR'S the Agreement, m make ENGINEER but not limited to,failure to make ayinent of the balance due for that perform the Work in accordance with the Contract the Agreement, p completed and accepted. If (including,comp Documents portion of the Work fully R for Work not supply sufficient skilled workers or suitable mat progress fully om leted to or be held is OWNS the retainage sup supply sufficient skilled led workers r rs ore suitable bl 2.07 completed or corrected is less than schedule or equipment estentior fa under paragraph fully comp eement, and if Bonds have been supul shed in the Agreement, adjusted d from time to time pursuant o paragraph furnished a required in paragraph the balance the written consent that of the surety to the payment of the balance due for that 6.04); portion of the Work fully completed and accepted shall be CONTRACTOR to ENGINEER with the. 2. CONTRACTOR'S disregard of Laws or submitted by shall be Application for such payment. Such payment made under the terms and e conditions governing final Regulations of any public body having jurisdiction;an payment, except that it shall not constitute a waiver of of ENGINEER;or Claims• disregard of the 3. CONTRACTOR'S authority 4. CONTRACTOR'S violation in any I14.09 Waiver of Claims substantial way of any provisions of the Contract A. The making and acceptance of final payment will Documents. constitute: B. If f aria or more of the events identified in by OWNER OWNER may, identified giving l a waiver of all Claims Y arising paragraph 15.02.A occur, any)seven days written against u CONTRACTOR, except Claims r CONTRAC'T'OR(and the surety,CONTRACTOR, exclude from defective Work appear- notice,terminate the services of CONTRA session of the from unsettled Liens, pursuant to paragraph 14. after final inspection p CONTRACTOR from the Site, and take possession the 1 with the Contract Work and of all CONTRACTOR'S tools, app Documents from failure to comply special guarantees Oand machinery tools, the Site,and use the Documents or the terms of from p struction equipment t shed e, used s he I or from CONTRACTOR s same, to the full extent they CONTRACTOR for specified therein, CONTRACTOR (without liability to CONTRA continuing obligations under the Contract Docu- incorporate in the Work all merits;and trespass or conversion), materials and equipment stored at the Site or for which ' by CONTRAC' OWNER has paid CONTRACTOR but which are stored 2. a waiver of other Claims Y previously finish the Work R as OWNER may TOR against OWNER other than those p elsewhere, and CONTRACTOR shall not m which are still unsettled. expedient. In such case, made in writing further payment until the Work is be ' finished.. receive any finished. If the unpaid balance of the Contract Price 00700-41 exceeds all claims, costs, losses, :an ' exceeds not all clai s, all fees , d damages (including architects, attorneys, attd charges of engineers, B• CONTRACTOR not be and other professionals and loss of anticipated P paid ec account loss ss I architects,hitects, or other r profits or revenue or other impute resolution costs)sustained by arising out of or resulting from such economic loss ' OWNER arising out of or relating g such excess will be tang to completing termination. BtheW Work, claims, costs, paid tO CON'T'RACTOR. I f �c 15.04 CONTRACTOR May Stop Work or Terminate balance, CONTRACTOR and damages exceed such OWNER. NTRACTOR shall pay the unpaid A. If,through no act or fault of CONTRACTOR, ER Such claims,costs,losses,and difference to Work is suspended by OWNER will be.claims,costs, b damages incurred OWNER for more than of c consecutive da by is reasonableness and, y ENGINEER as to their ort or under E order of court or ca into d' when so approved by ENGINEER, authority,or ENGINEER fails to act on any Public rpor ten in a Change so When exercising G R' Payment within Y d, ON fR rights or remedies under this 30 days after it is submitted, any fails for 30 days to pay CONTRACTOR or OWNER be required to remedies and the lowest OWNER shall not determined to be due, '1�CI�R any may,finally son Performed. price for the Work seven , then CONTRACTOR days written notice to OWNER and may' upon C• Where GO Provided OWNER or ENGINEER do not remedy such ACTOR's services have been so suspension or failure within that such terminated h by e GOER,the termination R S services will not affect any Contract and recover from OWNER payment to on th to the I rights or remedies of OWNER against will y terms as provided in WNE0 Payment °f the same righ existing remedies di or which may thereafter CONTRACTOR Mg the Contract and without 15.ice In liyu other fight or retention or payment of moneys ereafter accrue. Any without prejudice to an OWNER will ayt release CO ys due CONTRACTOR remedy, if ENGINEER has failed after act is an right or CONTRACTOR from liability.by for Payment within 30 pplicatios 15.03 OWNER has failed for 30 days top pay it is AC OR y or OWNER May Terminate For Convenience sum f days p y CON1'1tACTOR any seven finally fter to t be notice CONTRACTOR may, I• A. Upon seven ENGINES s stop written notice to OWNER and ACTOR and ENGINEER,O written notice to CON- such R' p the Work until payment is and A. Upon OWNER may,without cause amounts due made interest all OWNER, elect E to O E to any °thy' right or remedy of thereon. The provisions of CONTRACTOR, including ireerest terminate the her.rigt or remedy y case, intended to preclude CONTRACTOR paragraph 15.04 kin.not CONTRACTOR ct shall be paid (without duplication of any Price or der paragraph 10.05 for an a en making a r Contract Times t m Contract damage directly attributable oto CONTRACTOR use for expenses or 1. for completed and acceptable the Work as 's stopping executed in accordance with astable Work permitted by this paragraph. Docu- ments prior to the effective the Contract Docu- including fair and reasonable sums for overhead ARTICLE 16-DISPUTE profit on such Work; TE RESOLUTION 2. for expenses sustained 16.01 Methods and Procedures effective date of termination in prior to the and furnishing labor, raperforming services A. Dispute materials, or equipment as re- sP resolution methods and r �unc the Contract Documents in connection any,shall be as set forth in the Supplementary P procedures, if uncompleted Work, plus fen and reasonable If no method and been set forth Conditions.sj I sums for overhead and to the procedure has 9.09 and forth, profit on such expenses; provisions of �and subject ; and CONTRACTOR paragraphs 9.09 am 10.0 o, OVER ding but not ' costs,losses, and damages as either may may exercise such rights or t (including Y otherwise have under the manias engineers, limited to all fees and and ments or by Laws or Re Contract di Doe. g eers, architects, attorneys, charges of Regulations in respect of an professionals and all court Ys, and other any dispute. professionals onalsuand all or arbitration or other inured in settlement of ARTICLE 17-MISCELLANEOUS terminated contracts with Subcontractors, Suppliers, and others;and 17.01 Giving Notice 4• for reasonable expenses directly attributable to termination. A. Whenever any provision of the Contract Documents requires the giving of Gallen notice, it will be the individual or to a member f the firm or to in officer f ort°anofficerof 1 00700-42 I the corporation for whom it is intended,or if delivered for sent by registered or certified mail,postage prepaid,epaid, last business address known to the giver of notice. 17.02 Computation of Times A When any period of time is referred to u in Contract Documents by days, it will be com sited. o exclude the first and include the last day of such p the last day of any such period falls on the Saturday for r Sunday or on a day made a legal holiday by I applicable jurisdiction, such day will be omitted from the computation. I 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of,any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations,by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connectio o which they pp ycular ' duty,obligation,right,and remedy 4 17.04 Survival of Obligations A. All representations, indemnification, a warrant es, and guarantees made in, required by, or given dance with the Contract Documents,as well as all continu- ing obligations indicated in the Contract Docume Hof the survive final payment, completion, and acceptance Work or termination or completion of the Agreement. I17.05 Controlling Law A. This Contract is to be governed by the law of the I state in which the Project is located. I I 1 I I I00700-43 ''L' L.117634974286 ®1/1 ® 9/17/2002 413:17 1FaxWare It ACORD CERTIFICATE OF LIABILITY INSURANCk OP ID P? DATE(MW/DD/TY) PRODUCER URSCHP J 09/17/02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION RJF Agencies, Inc. Plymouth ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 14601 27th Avenue N. Suite 104 ALTER THE COVERAGE AFFORDED BY HE POLICIES BELOW. • Plymouth MN 55447-4819 Phone: 763-746-@000 INSURERS AFFORDING COVERAGE INSURED INSUREN A General Casualty Companies Burschville Construction Co INSURER Travelers_Ins. Co. J&K Schendel _ fax 763-497-4266 INSURER C: PO Box 65 Hanover MN 55341 INSURER D I COVERAGES N. IRER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED CR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER pwE ECTNE POLIO;EX RA/RN LIMITS GENERAL LIABILITY m) DATE M A X GENERAL LI CAL GENERAL LIAR LIT1' EACH OCCJPRENCE 1$1,000,000 CCI0249685 05/01/02 05/01/03 PIPE DAMAGE(Any one fire: I$ 100,000 CLAIM*MADC X DCCLR X Slkt Addl Inad MED DT(Ary'"e'erson) $ 5,000. PERSONAL&ADv INJURY 51,000,000 GENERALA&3RPGATE $2,000,000 G_°PfL AGGREGATE LIMIT APPLIES PEP,. 7 FOLIO' j] 7Loc PRODLCTS-C�JMP/OP AGG $2,000,000 AJTOMOBILE LIABILITY A X ANY AUTO 05/01/02 9 685 05/01/03 (Es eccidart)DOWNED D SINGLE LIM T 05/01/02 $1,000,000 AL_OWNED AUTOS SCFEDULED AUTOS BODILI INJURY HIRED AUTOS (Por xroon) $ NCN-O'NNEDAUTOS O INJURY (Peer r e aC.ccident; $ PP ER LWMAG'' $ ( er ROP acU-Y de,t; GARAGE LIABILITY ANY A Al ITO ON Y-FA ACCIrPNT $ AUTO OT-ISP THAN FA ACY: $ AUTO ONL'r. AO:; $ EXCESS LIABILITY A X ) EXCESS L1 EACHOCC.IPP NC.P $5,000,000 CLAIMS MADE CCI0249685 05/01/02 05/01/03 AGGREGATE $5,000,000 DEDTIBLE $ UC X RETENTION $10,000 $ WORKERS COMPENSATION AND $ EMPLOYERS'LIABILITY "r7,:,70RY UNITS 011i- WORKERS A CWCO249685 05/01/02 05/01/03 EL EACH ACCIDENT $100,000 E.L.DISEASE-EA EMPLOYEE $100,000 OTHER E L DISEASE-POLICY LIM T $500,000 B Lease/Rented QT660411X8343 05/01/02 05/01/03 Leased 200,000 Equipment DESCRIPTION OF OPERATIONS/LOCATIONSAREHICLES/EXCLUSIONS ADDED BY ENDORSEAcNT/SPECIAL PROVISIONS Deduct 1,000 City of Oak Park Heights (owner) and Bonestroo, Rosene, Andderlik, & Associates (engineer) are named as additional insureds as respects: 60th St N Sanitary sewer Imp. CERTIFICATE HOLDER I y I ADDmONAL INSURED;INSURER LETTER! CANCELLATION CITYOTO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION IIATE THEREOF,THE RSI IINO INSI IRER WE I FNrIFAVf1R TO MAII 30 ITAVR WRITTEN City of Oak Park Heights NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 14168 N Oak Park Heights IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER,RS AGENTS OR Oak Park Heights MN 55082 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97) Tom Nepper 0ACORD CORPORATION 1918 , , • 1 , I Performance Bond BOW) NO. 929 239675 IAny singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address):) SURETY(Name and Address of Principal Place bitlliSCttV 1;.LE C J+STfU CT TON, INC. of Business): 11440 nth St. N.E. NATIONAL Elteg 1.NS17RA C : Ct.3a"t.FA Y OF liA TF&gD Ia.tover, i 55341 OWNER(Name and Address): 222 . tltr" t. ►J ., 55440 CITY Of OAk. PAtti. ttEIG iiTS 14I66 •;north flair; Park Blvd. ICdN, 6 rG5I tJ,a''itsikta, ziN 55(482 Date: Sept ember 24, 200 Amount: Forty Six Thousand, Eight .kundr..d Six and not i(iO ( 46,S06.00) Dollar's I Description(Name and Location): 6‘.01:h Street. North Satti tzry Sewer i.;tpruveze..ts Oak Park ceiie;;ttt:ts, .s1 I BOND Date(Not earlier than Contract Date): Sept.ember ',A, 200,.; Amount: f'or'ty b ix Thuu:aatz4, E1 t.t siundre4 5:1. : a4. Luf 100 ( 4t,l SOB.OW Doi Modifications to this Bond Form: Non44 1 Surety and Contractor,intending to be legally bound hereby,subject to the terms printed on the reverse side hereof,do each cause this 111 Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. CONTRACTOR AS PRINCIPAL No SURETY I Co an BU eVILL t,ON TRUC"II (Corp Seal) Company: (Corp.Seal) Signatur is•... _ "►. 0'--- 1 J Si a •sr� -',3 �E; a` �f t+� t4.-IF as D.Name an. <fle: .l' - k E. S het.de 1 — <� Name Title: .Iatc.k Cedar.le,=t 11, . nvii--.ur-�at::t PretsIde` t (• - ch Power of Attorney) (Space is provided below for signatures of additional parties,if required.) I CONTRACTOR AS PRINCIPAL SURETY ' Company: (Corp. Seal) Company: (Corp.Seal) Signature: Signature: IName and Title: Name and Title: EJCDC No. 1910-28-A(1996 Edition) ' Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America,and the American Institute of Architects. I55-02-119 PERFORMANCE BOND 00610-1 I I 1. The CONTRACTOR and the Surety,jointly and severally,bind themselves,their 6. After the OWNER has terminated the CONTRACITOR'S right 4.3 complete the the responsibilities and if oS re Surety to the OWNER shall pht.1 greater 4.2o than those above, en heirs, executors, administrators, successors and assigns to the Owner for the Contract,and if the Surety elects to act under paragraph performance of the Contract,which is incorporated herein by reference. CONTRACTOR under the Contract,and the responsibilities of the OWNER to the ., 2. If the CONTRACTOR performs Bond,except t to participate in conferences as CONTRACTOR ovided of the shall amount of this Bond, but subjecteto commitment by the OWNER of the under the Contract To a have a obligation under this Bo P Balance of the Contract Price to mitigation of costs and damages on the Contract,the in paragraph 3.1. Surety is obligated without duplication for: 3. If there is no OWNER Default,the Surety's obligation under this Bond shall arise 6 1 The responsibilities of the CONTRACTOR for correction.of defective after: Work and completion of the Contract 3.1. The OWNER has notified the CONTRACTOR and the Surety at the 6.2. Additional legal,design professional and delay costs resulting from the declaring described in paragraph 10 below, that the OWNER is ooa ing declaring a CONTRACTOR Default and the Surety requested be held notl aces tharrange i8een Sur ety under paragraph 4;and and resulting from the actions or failure to act of the days with the CONTRACTOR days after receipt of such notice to discuss methods agree,performing the Contract. If 6.3. Li uidated damages, or if no liquidated damages are specified in the the wed a re ton CONTRACTOR and the Contr t,bt the CONTRACTOR shall be q allowed a reasonable time to perfoubse subsequently to declare such an agreement shall not Default; CONTRACTOR. and caused by delayed performance or non-performance of the waive the OWNER's right,if any,s q Y and 7. The Surety shall not be liable to the OWNER or others for obligations of the 3.2. The OWNER has declared R'sar right CONTRACTOR NcopCe complete the of Contract. formally Such Pri ce shall not be reduced or set off on account of any su h unrelated obligations. No CONTRACTOR the Default shall gh CONTRACTOR Default shall not be declared earlier than twenty days after 3 e pthrtN°ER action or its heirs!executors,adminB administrators,or successors. and entity other than the CONTRACTOR and the Surety have received notice as provided in paragraph and 8. The Surety hereby waives notice of any change,including changes of time,to the 3.3. The OWNER has agreed to pay the Balance of the Contract Price to: Contract or to related subcontracts,purchase orders and other obligations. 3.3.1.The Surety in accordance with the terms of the Contract 9. Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is 3.3.2 Another contractor selected pursuant to paragraph 4.3 to located and shall be instituted within two years after CONTRACTOR Default or within two years after the CONTRACTOR ceased working or within two years after perform the Contract. the Surety refuses or fails to perform its obligations under this Bond, whichever are void or prohibited by law,the 4. When the OWNER has satisfied the conditions of paragraph 3,the Surety shall occurs first. If the provisions of this paragraph minimum period of limitation available to sureties as a defense in the jurisdiction of promptly and at the Surety s expense take one ofthe following actions: the suit shall be applicable. 4.1. Arrange for the CONTRACTOR, with consent of the OWNER, LO 10. Notice to the Surety,the OWNER or the CONTRACTOR shall be mailed or perform and complete the Contract or delivered to the address shown on the signature page. l 4.2. Undertake to perform and complete the Contract itself,through its agents 11 When this Bond has been furnished to comply with a statutory or rotvesion rn or through independent contractors;or requirement in the location where the Contract was be performed,any p here from and provisions conforming to such statutory or other legal requirement 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable this Bond conflicting with said statutory or legal requirement shall be deemed deleted to arrange the OWNER for a contract e pprepared rod for execution and completion of the contractor arrange for a contract to be prepared for execution by the OWNER and fonnanc��� �alstatutory bend d not as a common aw bonds that this Bond shall be construe selected with the OWNER'S concurrence, to be secured with per payment bonds executed by a qualified surety equivalent to the Bonds issued on the 12. Definitions. Contract,and pay to the OWNER the amount of damages as described in paragraph 12.1 n onlance of the Contract Price: The total amount payable by the OWNER in heCON CONTRACTOR Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR under the Contract after all proper adjustments by have been the CONTRACTOR Default;or 4.4. Waive its right to perform and complete, arrange for completion, or made,including allowance to the CONTRACTOR of any amounts received or to the OWNER in settlement of insurance or other Claims for damages to be which the CONTRACTOR is entitled, reduced by all valid and proper payments obtain a new contractor and with reasonable promptness under the circumstances; received b 4.4.1 After investigation,determine the amount for which it may be made to or on behalf of the CONTRACTOR under the Contract. liable to the OWNER and, as soon as practicable after the amount is determined, 12.2.Contract:The agreement between the OWNER and the CONTRACTOR tender payment therefor to the OWNER or identified on the signature page, including all Contract Documents and changes 4.4.2 Deny liability in whole or in part and notify the OWNER thereto. citing reasons therefor. 12.3.CONTRACTOR Default: Failure of the CONTRACTOR, which � 5. If the Surety does not proceed as provided in paragraph 4 with reasonable neither been remedied nor waived,to perform or otherwise to comply promptness,the Surety shall be deemed to be in default on this Bond fifteen days of the Contract. which has neither been after receipt of an additional written notice from the OWNER to the Surety 12.4.OWNER Default: Failure of the OWNER, demanding that e the Surety perform its obligations under this Bond,and the OWNER remedied nor waived,to pay the CONTRACTOR as required by the Contract or to ' shall be entitled i enforce any remedy 4. available to the OWNER. If the payment perform and complete or comply with the other terms thereof. proceeds as provided in paragraph 4.4, and the OWNER refuses the paym Pe tendered or the Surety has denied pliability, in whole or in part, without further (FOR INFORMATION ONLY Name,Address and Telephoe notice the OWNER shall be entitled to enforce any remedy available to the OWNER. AGENT or BROKER:OWNER'S REPRESENTATIVE (Engineer or other part I • PERFORMANCE BOND I 55 02-119 00610-2 ■ I I Payment Bond E10:'.:9 1i NO._929. s 39675 Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): i£&J SCLITI 1J C€1:'SyRUcTi.t , I C- SURETY B e(Name and Address of Principal Place 11 440 4?rlt ::t., N.F. 1"Jf!`d I >r I"�SULA CF CM-PA alaaauver, ;` N 55341 ;Y tJ 1iARTFt7 i? OWNER(Name and Address): ` ?' `"'• ixia Street, k">pI ,. :° 55440 ICUT OF OM PARK t>ki t'i 1411, North h Oak Park 2 1v.1. (Lk Park uutz, i:.` 5.1108: CONTRACT I Date: Sept ember 24, 2002 Amount: For t.y Si Thout nt Tel, i l&La Lill-aired Si,: .,..a:pd oiph/100 Description(Name and Location): a' 4t�*bUrov l 3kp1.1: r I ) 6i.itit Stxvet: ....'or•th S:s;�i. or ,, aa<±ver rrlarov,c'nentY' Oak i r k tie1ehtt a, t' I BOND Date(Not earlier than Contract Date): y, pt, t,t;r. 24. <°00 Amount: Forty S?.a. '3 hou a.:,a d, i.11;,lht: 1.4.uridreil Six c:a,cl ...o/1t O (b 66,;;06.Ot ) Do.11crs Modifications to this Bond Form: :,',..c.,;-,, I ' Surety and Contractor,intending to be legally bound hereby,subject to the terms printed on the reverse side hereof,do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL NO SURETY ixt o t l< `�.:a I IS S. ' C?%� Corp.Seal) p Co �y CO s . INC.I f C ) Cogm(an : Corp.Seal) Signatur_- d/...._ ` I / Signs '„j / / Name a !1• x{x �, L. Scats a,de l - �� I Name . Title: Jack C ,J..riv f 11 ' tormy,-:�:-Lac,t 1'r :v ideal t (Ai.ch Power of Attomey) (Space is provided below for signatures of additional parties,if required.) I ' CONTRACTOR AS PRINCIPAL, SURETY Company: (Corp.Seal) Company: (Corp. Seal) I Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910-28-B(1996 Edition) I Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America,the American Institute of Architects,the American Subcontractors Association,and the Associated Specialty Contractors. 55-02-119 PAYMENT BOND I00620-1 1. The CONTRACTOR and the Surety,jointly and severally,bind themselves, their heirs,executors,administrators,successors and assigns to the OWNER to pay 9. The Surety shall not be liable to the OWNER, Claimants or others for for labor, materials and equipment furnished for use in the performance of the obligations W R of woebe liable CONTRACTOR for that of any costs to or expenses the es Contract.any Claimant Contract,which is incorporated herein by reference. under this Bond,and shall have under this Bond no obligations to make payments 2. With respect to the OWNER, this obligation shall be null and void if the to,give notices on behalf of or otherwise have obligations to Claimants under this Bond. CONTRACTOR: 2.1. Promptly makes payment, directly or indirectly, for all sums due 10.Contract r to related Subcontracts,purchase orders and other obligations.time, Claimants,and 2.2. Defends,indemnifies and holds harmless the OWNER from all claims, 11. No suit or action shall be commenced by a Claimant under this Bond other demands, uipme liens or suits the any person or of entity who a ovidedtherOWNER has of the Work court located or after the expiration of one location ear from the date(1)on which promptly for use in the CONTRACTOR and the Contract,p paragraph 4.1 or paragraph 4.2.3,or(2)on promptly notified the CONTRACTOR and the Surety(at the addresses described in the Claimant gave the notice required by paragrap P agrap paragraph 12)of any claims,demands,liens or suits and tendered defense of provided last labor or service was performed by anyone or the last materials or furnished by anyone under the Construction Contract,whichever' thereis no OWNER f or units to the CONTRACTOR and the Surety, P of(1)or(2)first occurs. If the provisions of this paragraph are void or prohibited there is no OWNER Default by law,the minimum period of limitation available to sureties as a defense in the 3. With respect to Claimants, this obligation shall be null and void if the jurisdiction of the suit shall be applicable. makes payment,directly or indirectly,for all sums due. CONTRA CTOR promptly 12. Notice to the Surety,the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by 4. The Surety shall have no obligation to Claimants under this Bond until: Surety, the OWNER or the CONTRACTOR, however accomplished, shall be 4.1. Claimants who are employed by or have a direct contract with the sufficient compliance as of the date received at the address shown on the signature, CONTRACTOR have given notice to the Surety (at the addresses described in page. paragraph 12) and sent a copy,or notice thereof,to the OWNER,stating that a claim is being made under this Bond and,with substantial accuracy,the amount of 13. When this Bond has been rformed,any provision en furnished to comply with a statutory or other legal requirement in the location where the Contract was to be pe the claim. in this Bond conflicting with said statutory or legal requirement shall be deemed 4.2. Claimants who do not have a direct contract with the CONTRACTOR: deleted t conforming statutory requirement shall be deemed incorporated herein. The'inteni that this Bond shall 1. Have furnished written notice to the CONTRACTOR and be construed as a statutory Bond and not as a common law bond. within 90 days after having last appearing to be a potential beneficiary ot� sent a copy,or notice last furnished a the OWNER, claim sating,with labor or last fa curhed theeaount of the claim and the name of the this Bond,the COoNTRACTOR shall promptly furnish a copy of this Bond or shall stating with substantial accuracy, permit a copy to be made. ' party to whom the materials were furnished or supplied or for whom the labor was pmm PY done or performed;and 15. DEFINITIONS 2. Have either received a rejection in whole or in part from the 15.1.Claimant: An individual or entity having a direct contract with the CONTRACTOR, not received within days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had CONTRACTOR or equipment for a use in the performance CONTRACTOR eContract furnish indicated the claim will be paid directly or indirectly;and this Bond shall be to include without limitation in the terms"labor,materials or 3. Not having been paid within the above 30 days,have sent a service n rental eat mewl water, sed ,in the Contract,heat,t,oil, al oline, telephone or notice thereof,to the OWNER, equipment written notice to the Surety and sent a copy, of the services required for performance of the Work of the CONTRACTOR and the stating that a claim is being made under this Bond and enclosing a copy CONTRACTOR'S Subcontractors,and all other items for which a mechanic's lien previous written notice famished to the CONTRACTOR• may be asserted in the jurisdiction where the labor,materials or equipment were 5. If a notice required by paragraph 4 is given by the OWNER to the furnished. CONTRACTOR or to the Surety,that is sufficient compliance. 15.2.Contract: The agreement between the OWNER and th 6. When the Claimant has satisfied the conditions of paragraph 4,the Surety shall CONTRACTOR identified on the signature page, including all Contract promptly and at the Surety's expense take the following actions: Documents and changes thereto. within 45 15.3.OWNER Default: Failure of the OWNER, which has neither bee 6.1. Send an answer to the Claimant,with a copy to the OWNER, a the CONTRACTOR as required by the Contract or to days after receipt of the claim,stating the amounts that are undisputed and the basis remedied rfrand complete or comply with the other terms thereof. for challenging any amounts that are disputed. I 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed thaou a i this gsB Bond,and the I amount of this Bond shall be credited for any payments Surety. 8. Amounts owed by the OWNER to the CONTRACTOR under the Contract s any I be used for the performance of the Contract and to satisfy claims,if any, Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond,subject to the OWNER'S priority I to use the funds for the completion of the Work. PAYMENT BOND 55-02-119 I 00620-2 ACKNOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF: Minnesota COUNTY OF: On this day, September 24, 2002, before me personally come (s) James E. Schendel to me known, who, being by me duly sworn, deposes and says that he/she resides in the City of Hanover, MN that he/she is the President of the Burschville Construction, Inc. the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto by like order. ■ CYNTHIA J. JOHNSON ; WITITIP.L) ThlitLO-k-)NOTARY PUBLIC Not Public (4' " MINNESOTA°l�,� .�� SOTA ■—_ My Comm. - - - - --- - ssionEx-- 1..31.2005 ' ACKNOWLEDGMENT OF SURETY STATE OF: Minnesota COUNTY OF: Ramsey On this day, September 24, 2002, before me personally come (s) Jack Cedarleaf II, to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or attorney-in-fact of the National Fire Insurance Co. of Hartford a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. I:97) /` &-t„(7.6...r--j----,t...,.....-//' Notary Public *'.-,.v„ yyl�:7;1 Sp ��^^ Al , ui, e,.0 �� ss+un e;�pires Jan 1,2805 PC/ 112910 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CNA Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint Richard J. Larsen, D.R.Dougherty,Jack Cedarleaf II, Christine M.Hansen, Kurt C. Lundblad,C.A. Housh, Individually of St Paul, Minnesota their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 21st day of _._ April 1997 . ��1• �lr} iMSflA, CONTINENTAL CASUALTY COMPANY .� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD fin` C-irl Nc qZ, AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA ![ S v SERI. y e Ott 1897 HIAR1$ • i M.C.Vonnahme Group Vice President State of Illinois, County of Cook,ss: On this 21st day of April M. C.Vonnahme ,to me known,who,being by me duly sworn,did depose and say:that he resides in the�Village of personally,State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. Jo . NOTARY maw • •.k gyp•• 314‘111b1 alC'e My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE I,Robert E.Ayo,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force In mony whe of ave ereunto subscribed my name and affixed the seals of the said corporations this o22I• day of �c�Y NIS(q} CONTINENTAL CASUALTY COMPANY 2 Q ' 4, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD o £ ��N� pR1T� AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA • S I.) SEAT. < !� t JULY 11. ! 1901 Cie 1 2 897 MARIO gip • .dc (Rev.7/14/95) Robert E.Ayo Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney.granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney-In-Fact Section 2.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling,, P.L.L.P. 1835 Northwestern Avenue James F.Lammers Stillwater, Minnesota 55082 Paul A.Wolff Robert G.Briggs Mark J.Vierling •0- (1944 1996) Thomas J.Weidner•¢ (651) 439-2878 Susan D.Olson 4 FAX (651) 439-2923 Lyle J.Eckberg David K.Snyder Of Counsel Timothy M.Kelley *Qualified Neutral Arbitrator Writer's Direct Dial: (651)351-2118 *Certified Real Estate Specialist Sean P.Stokes 4Qualified Neutral Mediator September 24, 2002 Burschville Construction, Inc. Via Special Delivery 1140—8th Street NE P.O. Box 65 C pyHanover, Minnesota 55341 O Re: Contract Documents City of Oak Park Heights - 60th Street North Sanitary Improvements Gentlemen: We have reviewed the documents as have been forwarded to this office by Cedarleaf, Cedarleaf and Cedarleaf, Inc. on your behalf. In reviewing same, we have determined that there are two errors in execution of these contract documents that need to be corrected. They are as follows: 1. On Page 00520-5 on the signatures for James Schendel and Cynthia Johnson there was no indication or designation as to their corporate capacity, which I believe to be President and Secretary,respectively. Those pages should be corrected in writing by those individuals to add their corporate titles below their signatures. 2. On the bonding documents as prepared by Cedarleaf, et al., we note that as to both the performance and payment bonds there was an acknowledgment notary for Mr. Schendel that was to have been signed and I have tabbed that accordingly so that a notary can be obtained relative to his signature on the performance and payment bonds. After those pages have been corrected,pleas- . and them beck to the office of the City Administrator for the City of Oak Park Hei: : or review and� nal processing. Yo. s very •. , ark J. Vierling MJV/sdb — Enclosure cc: Kim Kamper(via fax) Dennis Postler(via fax) September 24, 2002 Page 2 B.P.S. to Dennis Poster and Kim Kamper: With the exception of the items noted in the body of this letter, I find that the contract documents are in all other respects conforming with both the statute and the ordinances of the City relative to these projects and would otherwise authorize them for execution by the City. If there are any questions relative to the compliance issues noted in the body of this letter, please contact me directly. 09/24/2002 15:27 ECKBERG LAW 4 4390574 N0.172 D002 1 LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F.Lammers Stillwater,Minnesota 55082 Paul A.Wolff Robert G.Briggs * 19441996) Mark J.Vierling •a ( Thomas J.Weidner•+ (651) 439-2873 Lyle J.Eckberg Susan D.Olson+ FAX (651) 439-2923 Of Counsel David L Snyder •Qualified Neutral Arbitrator Timothy M.Keay Writer's Direct Dial: (651)351-2118 *Certified Real Estate Specialist Sean P.Stokes +Qualified Neutral Mediator September 24, 2002 Burschville Construction,Inc. Via Special Delivery 1140—8th Street NE P.O. Box 65 Hanover,Minnesota 55341 Re: Contract Documents City of Oak Park Heights-60th Street North Sanitary Improvements Gentlemen: We have reviewed the documents as have been forwarded to this office by Cedarleaf Cedarleaf and Cedarleaf,Inc. on your behalf. In reviewing same,we have determined that there are two errors in execution of these contract documents that need to be corrected. They are as follows: 1. On Page 00520-5 on the signatures for James Schendel and Cynthia Johnson there was no indication or designation as to their corporate capacity,which I believe to be President and Secretary,respectively. Those pages should be corrected in writing by those individuals to add their corporate titles below their signatures. 2. On the bonding documents as prepared by Cedarleaf,et al., we note that as to both the performance and payment bonds there was an acknowledgment notary for Mr. Schendel that was to have been signed and I have tabbed that accordingly so that a notary can be obtained relative to his signature on the performance and payment bonds. After those pages have been corrected,pleas- • d them b• k to the office of the City Administrator for the City of Oak Park Hei: •: or review and • -.t processing. Yo.1 very ••. , k J. Vier ing MJV/sdb Enclosure cc: Kim Kamper(via fax) Dennis Postler(via fax) 09/24/2002 15:27 ECKBERG LAW 4 4390574 N0.172 D003 September 24,2002 Page 2 B.P.S. to Dennis Poster and Kim Kamper: With the exception of the items noted in the body of this letter,I find that the contract documents are in all other respects conforming with both the statute and the ordinances of the City relative to these projects and would otherwise authorize them for execution by the City. If there are any questions relative to the compliance issues noted in the body of this letter, please contact me directly. 09/24/2002 15:27 ECKBERG LAW 4 4390574 N0.172 D001 LAW OFFICES OF Eckberg, Lammers, Bri gg s, Wolff & Vier ling,ng, P.L.L.P. 1835 Northwestern Avenue James F.Lammers Stillwater,Minnesota 55082 Paul A.Wolff Robert G.Briggs* (1944-1996) Mark J.Vierling .� 651) 439-2878 Thomas J.Weidner• Lyle J.Eckberg Susan D.Olson 4 FAX (651) 439-2923 Of Counsel David R.Snyder •Qualified Neutral Arbitrator Timothy M.Kelley *Certified Real Estate Specialist Sean P.Stokes +Quali flied Neutral Mediator COVER SHEET-FACSIMILE TRANSMISSION DATE: September 24,2002 Please deliver the following page(s)to: FAX NO: (651)439-0574 NAME: Kim Kamper,City Administrator FROM: Mark J.Vierling/Sandy TOTAL NUMBER OF PAGES 3 ,INCLUDING COVER SHEET. The pages comprising this facsimile transmission contain confidential information from Eckberg, Lammers, Briggs, Wolff&Vierling. This information is intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. Violation of this confidentiality notice could constitute a basis for a claim for damages against the violation. If you received this communication in error,please immediately notify us by telephone at(651)439-2878. IF YOU DO NOT RECEIVE ALL OF THE PAGES,PLEASE CALL US BACK AS SOON AS POSSIBLE AT(651)439-2878 COIVI<MENTS: * * * ** * * * * * * HARD COPY WILL FOLLOW BY MAIL = x Oak Park Heights • Request for Council Action Meeting Date August 27, 2002 Agenda Item Title 60`h Street N. Sanitary Sewer Improvements Time Required 3 min Agenda Placement Old Business Originating Department/Request r Engineerin /Dennis Postler Requester's Signature Action Requested Approve Plans, Specs & Estimate and Authorize Solicitation of Bids Background/Justification (Please indicate any previous action,financial implications including budget information and recommendations). At its July 23, 2002 Meeting, City Council authorized the City Engineer to prepare plans, specifications and an estimate for sanitary sewer improvements to approximately 725' of existing sanitary sewer along the south side of 60th Street North in the vicinity of Novak Avenue North. These improvements will consist of replacing the existing 8" gravity sewer with a 12" gravity sewer and moving one existing manhole approximately 100' easterly to line up with future Novak Avenue North. The current estimated project cost is $47,850,which includes approximately 30% for engineering/staking/inspection/administration. Since the construction cost for this project is approximately$36,800 ($47,850 =30%),we can acquire quotes from several local contractors and award the project based on the lowest quote (below the required threshold for public bidding process). If directed to proceed,we will acquire quotes from several contractors and bring a recommendation to council for approval at the September 11, 2002 council meeting. If approved at that time,we anticipate construction will be completed by early October of this year. As authorized at the July 23, 2002 City Council Meeting, these improvements will be financed from the Sanitary Sewer Connection Charge Fund. • IA I ' sir IIIIII 0 .�il� -miss 44.1 Ind•--� e,�� 4F(I(FfE) 61 ikP.r • 21:3‹ Rh WIT* Ai,1111:::galgool: 1 .....).‘,..,,..,„:::„.„..941:ifer ■ �i f ti mss• t �,�I4 p:': :J.i.♦6 K T. 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I I� I T OAK PARK HEIGHTS, MINNESOTA InI 60th STREET NORTH SANITARY 11 Bonestroo St.paw Office SEWER IMPROVEMENTS •7 Rosene 2335 West Highway 6 ° � UTILITY IMPROVEMENTS Associ k& st.Raul,MN 55113 sE�°gYmn[s10o"r'"`` "" SANITARY SEWER Associates Phone:651-636-4600 PRINT"""c Dennis"°p""' i lc Engineers IS Architects Fax:651-636-1311 °p"'"°° ®eo"csr"oo."ost"c.woeacv s assocurts,i"c.zoos art "c_ ue."o. Y •ilz:t IVorloble f if r f71:11 FK3 • ________ _ 1 r;411: e , _.;f . ,t $11 i ' 1 1, I i i I 1 i 1 1 111W-- 11" ' liff Yill Pi 1 I'- r__. ,1111:211141 ilLilliii......,1,1, ...:1,11:1; i.;, :: !vi .1t„.i• 1 I ..11 it z:E 1 R.,. , ..„-- ,„ 4i ? _,- _, 1 I 2 - II, ,=" T--- io ' 11,:j 4) f,9 Z' F, :_ , 2 1 ----- g . n i - I I:i 1 r. iiili .... = \ t!.1 i 4 iii p_ § 'F=. -I: f iii, '. ,- n ,ff -- I .,_ :111 i !if 1 If/ / lial ; di (14_I if= • 7 p s3 ..NN ,i I!" El • . 1 I I • . ' II ...._ ' MINIMUM NOME ql tat ii tt :, IA. // di b !..11- ..1 I Ili ,at 116 , i 0 OAK PARK HEIGHTS, MINNESOTA in,Bonestroo St.Paul Office =Zany ron2aVg,V7=sr'1=1MEN 60th STREET NORTH SANITARY SEWER IMPROVEMENTS --"Zdeenrrsk& 2335 West Highway 36 St.Paul,MN 55113 itt&M tivt DLUTII?J'7,2=1-°'"'' =MEM b , UTILITY IMPROVEMENTS II Associates Phone:651-636-4600 APPROVED SUP DETAIL SHEET Engineers 6 Architects Fax:651-636-1311 SICRAPIRE: ORM 2DCV , PIER PRN,ER.'v. INSORtS/Ro0 voS,AROMA.EsSOCDIES vvC 2oo■ IDOE--_____UC NO II kiBonestroo,Rosene,Anderlik and Associates,Inc.Is an Affirmative Action/Equal Opportunity Employer Bonestroo and Employee Owned Rosene Principals:Otto G.Bonestroo,PE.•Marvin L.Sorvala,P.E.•Glenn R.Cook,P.E.•Robert G.SchuniCht,P.E.• ill Jerry A.Bourdon,P.E. Ander lik £c Senior Consultants:Robert W.Rosene,P.E.•Joseph C.Anderlik,P.E.•Richard E.Turner,P.E.•Susan M.Eberlin,C.P.A. pi Associate Principals:Keith A.Gordon,P.E.••Robert R.Pfefferle,P.E.••Richard W Foster,P.E.••David O.Loskota,P.E.• Associates Mark A.Hanson,P.E.•Michael T.Rautmann,P.E.• Ted K.Field,P.E.•Kenneth P.Anderson,P.E.•Mark R.Rolfs,P.E.• David A.Bonestroo,M.B.A.• Sidney P.Williamson,P.E.,L.S.•Agnes M.Ring,M.B.A.•Allan Rick Schmidt,P.E. • Engineers&Architects Thomas W.Peterson,P.E.A. James R.Maland,P.E.• Miles B.Jensen,P.E.• L.Phillip Gravel Ill,P.E.• Daniel J.Edgerton,P.E. Ismael Martinez,P.E.• Thomas A.Syfko,P.E.•Sheldon J.Johnson• Dale A.Grove,P.E.• Thomas A.Roushar,P.E.• Robert J.Devery,P.E. Offices:St.Paul,St.Cloud,Rochester and Willmar,MN•Milwaukee,WI•Chicago,IL Website:www.bonestroo.com September 13,2002 SAP 6 2002 Mr.James Schendel Burschville Construction,Inc. 11440 8th Street NE Hanover,MN 55341 Re: City of Oak Park Heights,Minnesota 60th Street North Sanitary Sewer Improvements Project Bonestroo File No. 55-02-119 Contract Documents Enclosed are four(4) copies of the contract documents between you and the City of Oak Park Heights covering the above-referenced project. Please complete Specification Section 00520 Agreement Form, Section 00610 Performance Bond, and Section 00620 Payment Bond. The insurance and indemnity requirements shall be provided. After completing the documents, forward them to the attorney listed below who will review them for the City of Oak Park Heights: Mr.Mark Vierling,Eckberg Lammers Briggs Wolff&Verling 1835 Northwestern Avenue South Stillwater,MN 55082-7534 After the necessary officials have signed the contracts,please distribute as follows: 2 copies Burschville Construction,Inc. (1 your file, 1 -your bond company) 1 copy City of Oak Park Heights,Attention: Kimberly Kamper 1 copy Bonestroo&Associates,Attention:Dennis Postler Upon receipt of a signed contract and a filed Certificate of Insurance, approved by the City of Oak Park Heights's Attorney,a pre-construction conference will be scheduled with you and the City of Oak Park Heights to review the project. Yours very truly, BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. '''.. V ..-0, ;/-41:4!4' Dennis M. Postler,P.E. DMP/lae Enclosures:Four(4) Contract Documents cc: Mark Vierling,City Attorney Kimberly Kamper,City of Oak Park Heights 2335 West Highway 36 • St. Paul, MN 55113 651-636-4600 • Fax: 651-636-1311 �ttl1 "' FromK�m"postler Dennis Mt � ,r r Sent: Sunday tem [dpostler @bonestroo.com] F To: , Sep ber 15, 2002 11:23 PM kkamper @cityofoakparkheights.com Subject: RE: 60th Street Sewer Project Kim: The only thing I can think of would be the Contract Documents. who is supposed to sign them and forward them to the City We sent them to the contractor, up and then on to the City, I believe. I would guess i t�nrill be a few days for his review and up at the City..... days before they show Dennis -----Original Message----- IFrom: Kim Kamper maiito:kkam Sent: Friday, September 13, 2002 3:43 PM otc�ak arkhei hts;com To: Postler, Dennis M Subject: 60th Street Sewer Project Dennis, I am wondering if there are any documents that the Mayor needs to sign signature. Sewer Improvement Project? He had asked me today if I had d Sanitary 9 forme documents Street North Kim ocuments for his pr � Oak Park Heights "- Request for Council Action Meeting Date Se•tember 11 2002 Agenda Item Title 60 Street N. Sanita Sewer Im ro 5 min vements Time Required Agenda Placement Old Business Originating Department/Requester En 'neerin Requester's Signature /�/L�e,,- Dennis Postler Action Requested A. , r rove Recommended •uote &Authorize Construction Background/Justification (Please indicate any implications including budget information d recomus ndatio financial and recommendations). At its August 27, 2002 Meeting, these improvements and authorized solicitation of bids.approved bids the plans s86 ent specifications for specifications and bid forms to contractors ds• We have sent plans, sufficient time to respond, have asked for ids back by to the provide them with Monday, September 9, 2002. As such, results of returned the end of the day on recommendation will be forwarded to the Acting rned quotes and a (9/10/02) and provided to the Council at their Wednesday,Administrator e meeting. Tuesday day, September 11, 2002 Since no street work is involved with these improvements bituminous work) we are allowing nts (no concrete into g completion of the project to extend into November of this year (previously indicated October) to allow contractors to better those received are unacceptable and rebid the project fit this work into their schedules. The Council reserves the right to reject all bids if The current estimated project cost is project at a later date. for engineering/staking/inspection/administration.estimated $47850, which includes approximately for e City ring/st king/iinspection/administration. at the Jul 323, Meeting, these improvements will esfinan financed fram July 23, Sewer Connection Charge Fund. Sanitary • Bonestroo,Rosene,Anderlik and Associates,Inc.is an Affirmative Action/Equal Opportunity Employer Bonestroo and Employee Owned Principals:Otto G.Bonestroo,P.E.•Marvin L.Sorvala,P.E.• Glenn R.Cook,PE.•Robert G.Schunicht,P.E.• Rosene Jerry A.Bourdon,P.E. Anderlik & Senior Consultants:Robert W.Rosene,P.E.•Joseph C.Anderlik,P.E.• Richard E.Turner,P.E.• Susan M.Eberlin,C.P.A. Associate Principals:Keith A.Gordon,P.E.•Robert R.Pfefferle,RE.• Richard W.Foster,P.E.• David O.Loskota,P.E.• Associates Mark A.Hanson,P.E.•Michael T.Rautmann,PE.• Ted K.Field,P.E.•Kenneth R Anderson,P.E.•Mark R.Rolfs,P.E.• David A.Bonestroo,M.B.A.• Sidney P Williamson,P.E.,L.S.•Agnes M.Ring,M.B.A.•Allan Rick Schmidt,P.E.• Engineers&Architects Thomas W.Peterson,PE.• James R.Maland,P.E.• Miles B.Jensen,RE.• L.Phillip Gravel III,P.E.• Daniel J.Edgerton,P.E.• Ismael Martinez,RE.• Thomas A.Syfko,P.E.•Sheldon J.Johnson• Dale A.Grove,P.E.• Thomas A.Roushar,P.E.• Robert J.Devery,RE. Offices:St.Paul,St.Cloud,Rochester and Willmar,MN• Milwaukee,WI• Chicago,IL September 10,2002 Website:www.bonestroo.com Honorable Mayor and City Council City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights,MN 55082-3007 Re: 60th Street North Sanitary Sewer Improvements Project Bonestroo File No. 55-02-119 Recommendation of Contract Award Honorable Mayor and City Council: Quotes were received for the project stated above on Monday, September 9, 2002. Transmitted herewith are ten (10) copies of the bid tabulation for your information and file. Copies will also be distributed to each bidder. Proposals were solicited from three contractors,with the results summarized below. Contractor Bid Amount Low Burschville Construction, Inc. $46,806.00 #2 Hydrocon, Inc. $49,653.50 #3 Three Rivers Construction,Inc. $53,139.10 The low proposal on the project was Burschville Construction, Inc. with a Base Bid of$46,806.00. These proposals have been reviewed and found to be in order. All of the above Contractors have proven they are capable of performing the work associated with this type of project. If the City Council wishes to award the project to the low proposer, then Burschville Construction,Inc. should be awarded the project on the Base Bid Amount of$46,806.00. Should you have any questions,please feel free to contact me at(651) 604-4815. Yours very truly, BONESTROO, ROSENE,ANDERLIK&ASSOCIATES, INC. , e Lee„, Dennis M. Postler,P.E. Enclosures DMP/lae 2335 West Highway 36 • St. Paul, MN 55113 • 651-636-4600 . 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C) c .. m o c ►- v_ 0 C N C O C •O+ 'C 'CC V) C O O N O= ■ CjJ h '" O 7 q) � j O C CU CO O 0 0 2 O U u' .O U d 7 2 a v .6 .._ a aD N O U ca N CD V) _J U C ' > C ` d us 2 a) Y ti '" m N rn CD CD j Cu _ y 0 0 0 a u Cu cud T.1"), m >� p) m U Ca a vi a) O G y o > a > as ad as a> N a) x o m m OO = 'N^ w m o > m m m Cat o d m m - Cu - a� a _ > Ca _ m m cn m 0) C] � co CC CC 2 In m U GO 77 � �o c -a r �7 00 N in m r CC ¢a in (n U FO- OOLyQQ d 6 v 411=Cu d Z r N M ,t Cq CO N co C) N CO M V CD CO CD I� M W O CO N N Oak Park Heights Request for Council Action Meeting Date 6/11/02 Agenda Item Title 60th St. N. Sanitary Sewer Force Main Extension Time Required 7 min. Agenda Placement Old Business Originating Department/Requestor Engineering/Dennis Postler Requester's Signature 12 -9&iL/cic' Action Requested Approve Design Alternate and Estimate, Authorize Preparation of Plans 85 Specifications Background/Justification (Please indicate any previous action,financial implications including budget information and recommendations). From: Postler, Dennis M[dpostler©bonestroo.com Sent: Thursday,June 06, 2002 2:50 PM To: Kimberly Kamper(E-mail) Cc: Jay Johnson(E-mail) Subject: History of 60th Street N.sanitary sewer forcemain Kim: I recently spoke with Joe Anderlik regarding the history of the 60th Street N. sanitary sewer force main, gravity mains and Krueger lift station. The sanitary sewer was constructed as it currently exists because at the time it was constructed(1991),the City was only considering annexation up to State Highway 5(nothing west of there). As such,the Krueger lift station,force main, and downstream gravity lines were sized to handle the projected flow for the areas being considered for annexation at that time. When the Kern Center and other areas west of Highway 5 were being analyzed for annexation (1997), it was determined that the Krueger lift station could handle the addition flows(with upgrades if necessary), but that the downstream gravity sewer would need improvements—either extending the force main to the existing 12"gravity line or upsizing the existing 8"gravity line to a 12"line(current recommendation). The main issue here appears to be a timing issue—i.e.,what was constructed and when vs.what was being considered for annexation and when. At this point in time,the need exists to make these downstream improvements. The improvements could wait a few years, but with development proposed in the area that would affect the alignment, now seems like the reasonable time to do these improvements. Costs for these improvements would come from developer connection fees,which have been accounted for as the need for these improvements were noted in the April 1999 Comprehensive Sanitary Sewer Plan. More detailed information/discussion related to this matter can be found in the March 10, 1997 Preliminary Report on Water and Sewer Extensions-West Highway No. 5 Study Area(File No. 55136). This report was included as Exhibit K in Northwest Associated Consultants'July 1997 Screaton/Kern Annexation Study Analysis and Conclusions. If you have any questions or require additional information, please call. Thanks. Dennis M. Postler Bonestroo, Rosene,Anderlik&Associates 2335 West Highway 36, St. Paul, MN 55113 Direct: (651)604-4815 Office: (651)636-4600,x4815 Fax: (651)636-1311 Cellular: (612)865-9187 E-mail: dpostler nbonestroo.com C A, Oak Park Heights • Request for Council Action Meeting Date May 28, 2002 Agenda Item Title 60`h St. N. Sanitary Sewer Force Main Extension Time Required 10 min Agenda Placement Old Business Originating Department/Request Engineering/Dennis Postler Requester's Signature 1i1jir i���� Action Requested Approve Design Alternate and Estimate,Authorize Preparation of Plans & Specifications Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). At its April 23, 2002 Meeting, City Council authorized the City Engineer to prepare cost estimates for the 60`h Street North Sanitary Sewer Force Main Extension. Five alternatives were analyzed with brief descriptions and estimates noted below: • Alternative Estimate* 1. Replace existing 8" V.C.P. with 12" P.V.C. (open trench, box shoring const.) $44,200 2. Replace existing 8" V.C.P. with 12" H.D.P.E. (pipe bursting) (see 4. below**) 3. Extend Force Main— 12" P.V.C. — (open trench, box shoring const.) $50,100 4. Extend Force Main— 12" H.D.P.E. — (directional drilling) $65,700 5. Reconfigure existing Lift Station Pumps (temporary solution) $5K- $8K * Estimates include 30%±for Engineering/Staking/Inspection/Admin. ** Do not have history of pipe bursting projects in the Metro area for determining an accurate estimate. It is expected that costs for pipe bursting would equal or exceed those for directional drilling. We recommend Alternative 1 be utilized to upsize the existing 8"gravity sewer line to a 12" gravity sewer line to accommodate the rate of discharge from the Krueger Lift Station. This scope of work differs from extending the existing force main to parallel the existing gravity line (as in Alternatives 3. or 4.), but is less expensive and should realize less maintenance issues. Alternative 5. would be the least expensive, temporary"quick fix". However, one of the other alternatives would eventually be required when more development/flows are added to the existing lift station. Additionally, with the Sigstads Carpet development planned for this • summer, and having improvements proposed over this sanitary sewer line, now is the time to construct the ultimate improvements (See attached April 23, 2002 Request for Council Action form from Jay Johnson for further background and history on this issue). These improvements can be financed from either the Sanitary Sewer Connection Charge Fund, or the Sanitary Sewer Renewal & Replacement Fund. Oak Park Heights Request for Council Action • Meeting Date April 23, 200 g p 2002 Agenda Item Title Authorize City Engineer to Prepare Plans and Specification for 60d2 Street Sewer Pressure Main Upgrade Time Required 1 Minutes Agenda Placement Consent Originating Department/Requestor Public Works Director/Johnson Requester's Signature Action Requested Authorize City Engineer to Prepare Plans and Specification for 60th Street Sewer Pressure Main Upgrade Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). Currently the Krueger Lift station discharges into Sewer Manhole W2.2 at a rate of 700 gallons per • minute with one pump running. The manhole has a discharge capacity of 520 gallons per minute. If the Lift Station operates longer than approximately five minute per pump cycle with one pump operating the sewer manhole overflows. When both pumps operate such as after a power outage the manhole overflows in less that two minutes. The Draft Comprehensive Sewer plan calls for the extension of the pressure main by approximately 750 feet to manhole W1.2 that has a capacity of 1500 gallons per minute. And could handle the lift station with both pumps running. The Sigsted Carpet facility is anticipated to break ground this summer. Their parking lot extends over the utility easement where the pressure main will be located. The pressure main needs to be installed prior to Sigsted's construction. Requested Action: Authorize City Engineer to prepare plans and specification for the extension of the existing pressure main approximately 750 feet to manhole W1.2. 110 I. o w II� x 4rn r r W �W ceQ c N I- ,J1 >W "' W es._r: • p_ C F - p W _CI 41 x w p o 'CH zcwi`�m° • cow N 4 i °.II o a ■,t 0) W o V Z 1 °o ca .,=m N O Z IZ.in W b z Cr Z U 0114 f� � d: r 4•• ,,M J 3 a Z W Wa QUO 2 I I, D 0 O 0w " Z= i1 JrW—H �' _ m F-@ I. 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Mt 92171 - 8 W. :._ _.O _; a) C C 921. 29- 12"N. m iv: Oi r y -_�, N . --4 Z I n, A . _ 60TH ST N„,y ;r � _ 1 o ELEV. 938. 12 _ :0+80 r- _.�1r1 i / 'v W 90;59 r7) (J1 l� p . 33 CD & W , -nc ° A° o � N Dc mg -D O z mD o: i xr ZCD me fay a+ 00 i Ian m � < D 0 919. 79- EX. 2” R. 0P. -- 3 m m . w = M : D . —.1r cn y (0 (.0 r ID r`LI IV O O $ z O Kiim K roper From: Postler, Dennis M [dpostler @bonestroo.com] Sent: Thursday, June 06, 2002 2:50 PM To: Kimberly Kamper(E-mail) Cc: Jay Johnson (E-mail) Subject: History of 60th Street N. sanitary sewer forcemain Kim: I recently spoke with Joe Anderlik regarding the history of the 60th Street N. sanitary sewer force main, gravity mains and Krueger lift station. The sanitary sewer was constructed as it currently exists because at the time it was constructed (1991), the City was only considering annexation up to State Highway 5 (nothing west of there). As such, the Krueger lift station, force main, and downstream gravity lines were sized to handle the projected flow for the areas being considered for annexation at that time. When the Kern Center and other areas west of Highway 5 were being analyzed for annexation (1997), it was determined that the Krueger lift station could handle the addition flows (with upgrades if necessary), but that the downstream gravity sewer would need improvements—either extending the force main to the existing 12"gravity line or upsizing the existing 8"gravity line to a 12" line(current recommendation). The main issue here appears to be a timing issue—i.e., what was constructed and when vs. what was being considered for annexation and when. At this point in time, the need exists to make these downstream improvements. The improvements could wait a few years, but with development proposed in the area that would affect the alignment, now seems like the reasonable time to do these improvements. Costs for these improvements would come from developer connection fees, which have been accounted for as the need for these improvements were noted in the April 1999 Comprehensive Sanitary Sewer Plan. More detailed information/discussion related to this matter can be found in the March 10, 1997 Preliminary Report on Water and Sewer Extensions-West Highway No. 5 Study Area (File No. 55136). This report was included as Exhibit K in Northwest Associated Consultants' July 1997 Screaton/Kern Annexation Study Analysis and Conclusions. If you have any questions or require additional information, please call. Thanks. Dennis M. Postler Bonestroo, Rosene, Anderlik&Associates 2335 West Highway 36, St. Paul, MN 55113 Direct: (651) 604-4815 Office: (651)636-4600, x4815 Fax: (651) 636-1311 Cellular: (612) 865-9187 E-mail: dpostler @bonestroo.com - Oak Park Heights , -�, 0 Request for Council Action Meeting Date 6/11/02 Agenda Item Title 60th St. N. Sanitary Sewer Force Main Extension Time Required 7 min. Agenda Placement Old Business Originating Department/Requestor Engineering/Dennis Postler Requester's Signature as 1 �� licic., Action Requested Approve Design Alternate and Estimate, Authorize Preparation of Plans 86 Specifications Background/Justification (Please indicate any previous action,financial implications including budget information and recommendations). From: Postler, Dennis M[dpostler @bonestroo.comj Sent: Thursday,June 06,2002 2:50 PM To: Kimberly Kamper(E-mail) Cc: Jay Johnson(E-mail) Subject: History of 60th Street N.sanitary sewer forcemain III Kim: I recently spoke with Joe Anderlik regarding the history of the 60th Street N.sanitary sewer force main, gravity mains and Krueger lift station. The sanitary sewer was constructed as it currently exists because at the time it was constructed(1991),the City was only considering annexation up to State Highway 5(nothing west of there). As such,the Krueger lift station,force main, and downstream gravity lines were sized to handle the projected flow for the areas being considered for annexation at that time. When the Kern Center and other areas west of Highway 5 were being analyzed for annexation (1997), it was determined that the Krueger lift station could handle the addition flows(with upgrades if necessary), but that the downstream gravity sewer would need improvements—either extending the force main to the existing 12"gravity line or upsizing the existing 8"gravity line to a 12"line(current recommendation). The main issue here appears to be a timing issue—i.e.,what was constructed and when vs.what was being considered for annexation and when. At this point in time,the need exists to make these downstream improvements. The improvements could wait a few years, but with development proposed in the area that would affect the alignment, now seems like the reasonable time to do these improvements. Costs for these improvements would come from developer connection fees,which have been accounted for as the need for these improvements were noted in the April 1999 Comprehensive Sanitary Sewer Plan. More detailed information/discussion related to this matter can be found in the March 10, 1997 Preliminary Report on Water and Sewer Extensions-West Highway No. 5 Study Area (File No. 55136). This report was included as Exhibit K in Northwest Associated Consultants'July 1997 Screaton/Kern Annexation Study Analysis and Conclusions. If you have any questions or require additional information, please call. Thanks. .. III Dennis M. Postler Bonestroo, Rosene,Anderlik&Associates 2335 West Highway 36, St. Paul, MN 55113 Direct: (651)604-4815 Office: (651)636-4600,x4815 Fax: (651)636-1311 Cellular: (612)865-9187 E-mail: dpostler aC�,bonestroo.corn Oak Park Heights Request for Council Action IP Meeting Date May 28,2002 Agenda Item Title 60th St.N. Sanitary Sewer Force Main Extension Time Required 10 min Agenda Placement Old Business Originating Department/Request Engineering/Dennis Postler ' Signature � ~ " // Requester's Sign l Action Requested Approve Design Alternate and Estimate,Authorize Preparation of Plans & Specifications Background/Justification (Please indicate any previous action,financial implications including budget information and recommendations). At its April 23,2002 Meeting, City Council authorized the City Engineer to prepare cost estimates for the 60th Street North Sanitary Sewer Force rce Main Extension. Five alternatives were analyzed with brief descriptions and estimates not Alternative Estimate* III 1. Replace existing 8" V.C.P.with 12" P.V.C. (open trench,box shoring const.) $44,200 2. Replace existing 8"V.C.P.with 12" H.D.P.E. (pipe bursting) (see 4.below**) 3. Extend Force Main— 12" P.V.C.—(open trench,box shoring const.) $50,100 4. Extend Force Main— 12" H.D.P.E. —(directional drilling) $65,700 5. Reconfigure existing Lift Station Pumps (temporary solution) $5K- $8K * Estimates include 30%±for Engineering/Staking/Inspection/Admin. ** Do not have history of pipe bursting projects in the Metro area for determining an accurate estimate. It is expected that costs for pipe bursting would equal or exceed those for directional drilling. We recommend Alternative 1 be utilized to upsize the existing 8" gravity sewer line to a 12" gravity sewer line to accommodate the rate of discharge from the Krueger Lift Station. This scope of work differs from extending the existing force main to parallel the existing gravity line (as in Alternatives 3. or 4.),but is less expensive and should realize less maintenance issues. Alternative 5.would be the least expensive, temporary"quick fix". However, one of the other alternatives would eventually be required when more development/flows are added to the existing lift station. Additionally,with the Sigstads Carpet development planned for this summer, and having improvements proposed over this sanitary sewer line, now is the time to III construct the ultimate improvements (See attached April 23, 2002 Request for Council Action form from Jay Johnson for further background and history on this issue). These improvements can be financed from either the Sanitary Sewer Connection Charge Fund, or the Sanitary Sewer Renewal & Replacement Fund. a Oak Park Heights - Request for Council Action • Meeting Date April 23, 2002 Agenda Item Title Authorize City Engineer to Prepare Plans and Specification for 60� Street Sewer Pressure Main Upgrade Time Required 1 Minutes Agenda Placement Consent Originating Department/Requestor Public Works Director/Johnson Requester's Signature --- Action Requested Authorize City Engineer to Prepare Plans and Specification for 6011 Street Sewer Pressure Main Upgrade Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). Currently the Krueger Lift station discharges into Sewer Manhole W2.2 at a rate of 700 gallons per IIIminute with one pump running, The manhole has a discharge capacity of 520 gallons per minute. If the Lift Station operates longer than approximately five minute per pump cycle with one pump operating the sewer manhole overflows. When both pumps operate such as after a power outage the manhole overflows in less that two minutes. The Draft Comprehensive Sewer plan calls for the extension of the pressure main by approximately 750 feet to manhole W1.2 that has a capacity of 1500 gallons per minute.And could handle the lift station with both pumps running. The Sigsted Carpet facility is anticipated to break ground this summer. Their parking lot extends over the utility easement where the pressure main will be located. The pressure main needs to be installed prior to Sigsted's construction. Requested Action: Authorize City Engineer to prepare plans and specification for the extension of the existing pressure main approximately 750 feet to manhole W1.2. • t. c. vA xd3 o N Hw V • sJI ��r�c V p i `�I..Ig� F•V V W 0 k 14.-1,'�� �3 �! 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CITY OF OAK PARS FRIGHTS • Comprehensive Sanitary Sewer Plan Oak Park Heights, Minnesota April, 1999 File No. 55-99-101 jBonestroo Rosene IN Sall• Anderlik& Associates Engineers & Architects • April 14, 1998 Honorable Mayor and City Council City of Oak Park Heights PO Box 2007 Oak Park Heights,Minnesota 55082-2007 Re: 1999 Draft Comprehensive Sanitary Sewer Plan Our File No.55-99-101 Dear Mayor and Council: Transmitted herewith is the Draft Comprehensive Sanitary Sewer Plan for City of Oak Park Heights. This plan provides a guide for expanding and upgrading the trunk sanitary sewer system to meet the Cities long-term needs. The trunk sanitary sewer system is presented on Figure M-1 Sanitary Sewer System Map. Data • regarding population,land use,sewer design, and cost estimates have been incorporated into the text and appendices of the report. The information presented in this report is based on costs and data that were available in the fall of 1998. We would be pleased to discuss the contents of this report and the findings of our study with the City Staff or other interested parties at any mutually convenient time. Respectfully submitted, BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. Mitchell L.Johnson MLJ:kef I hereby certify that this report 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. Daniel J.Edgerton,P.E. Date: April 14, 1999 Reg.No. 19206 • 0 DRAFT COMPREHENSIVE SANITARY SEWER PLAN OAK PARK HEIGHTS,MINNESOTA APRIL, 1999 DAVE SCHAAF MAYOR DAVID BEAUDET COUNCIL MEMBER JANET ROBERT COUNCIL MEMBER MARK SWENSON COUNCIL MEMBER JERRY TURNQUIST COUNCIL MEMBER • TOM MELENA ADMINISTRATOR MARK VIERLING ATTORNEY JAY JOHNSON P/W DIRECTOR BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. ENGINEERS/ARCHITECTS • o City of Oak Park Heights Draft Comprehensive Sanitary Sewer Plan Table of Contents Section Page Table of Contents 2 List of Tables 2 List of Figures 2 List of Appendices 2 Executive Summary 4 1. Introduction 7 2. Tier I Information 9 • 3. Sanitary Sewer Design Criteria 12 3.1 Land Use 12 3.2 Estimated Average Wastewater Flows 12 3.3 Peak Flow Factors 13 3.4 Infiltration/Inflow In Existing System 15 3.5 Large Sewer Users 15 3.6 Hydraulics and Pipe Material 15 4. Proposed Sanitary Sewer Trunk System 16 4.1 Summary 16 4.2 Wastewater Flow Projections 17 4.3 Intercommunity Flows 18 4.4 Individual Sewage Treatment Systems(ISTS) 18 • City of Oak Park Heights Draft Comprehensive Sanitary Sewer Plan 2 5. Design Options and Recommendations 19 • 5.1 System Description 19 5.2 Northern Sanitary District 20 Additional Special Issues 20 5.3 Western Sanitary District 21 Additional Special Issues 21 5.4 Southern Sanitary District 22 6. Cost Estimates 23 7. Recommendations 24 List of Tables Table 1.1 Sanitary Sewer Districts 8 Table 2.1 City of Oak Park Heights Projections 9 Table 2.2 Wastewater Flow Projections 10 Table 3.1 Wastewater Unit Flow Rates 13 Table 4.1 MUSA Expansion Area Projections 18 Table 4.2 Projected Average Flows-City of Oak Park Heights 19 Table 4.2 Projected Average Flows- City of Oak Park Heights 19 Table 5.1 Northern Sanitary District Land Use 20 S Table 5.2 Western Sanitary District Land Use 22 Table 5.3 Southern Sanitary District Land Use 22 List of Figures Figure 3-1 Peak Flow Factors 14 Figure 6-1 Concept and Staging Map 25 Figure M-1 Sanitary Sewer System Map Back of Report List of Appendices Appendix A Areas for the Ultimate System Appendix B Average Flows (MGD)for the Districts Appendix C Design Flows (MGD)for the Interim System Appendix D Interim Trunk System Design and Capacity Information Appendix E Design Flows(MGD)for the Ultimate System Appendix F Ultimate Trunk System Design and Capacity Information Appendix G Trunk System Cost Estimates Appendix H Lift Station Cost Estimates Appendix I Phased Cost Estimates Appendix J Sewage Disposal Systems Ordinance • City of Oak Park Heights Draft Comprehensive Sanitary Sewer Plan 3 .., III Executive Summary The Metropolitan Land Planning Act (amended 1995) requires local governments to prepare comprehensive plans and submit them to the Metropolitan Council to determine their consistency with metropolitan system plans. The local comprehensive plan is to include a sanitary sewer element that describes the collection and disposal of wastewater generated by the community. Similarly, the Metropolitan Sewer Act requires local governments to submit a comprehensive sewer policy plan, which describes the current and future service needs from the Metropolitan Council Environmental Services (MCES). The Draft of the City of Oak Park Heights' Comprehensive Sanitary Sewer Plan (Draft CSSP) presented herein provides the reader with the core results of the sanitary sewer plan. The Draft CSSP—as will the Final CSSP—serves as an inventory of the existing trunk sewer system and a guide for the expansion and upgrading of the City's trunk sewer system to meet the future requirements of the City by accommodating anticipated growth. The City of Oak Park Heights is located in the north-central portion of Washington County positioned along the south side of State Highway 36 between Manning Avenue and the St. Croix 0 River. The local economy is based on a mixture of commercial and industrial activities. The majority of these activities are located along the State Highway 36 corridor. Currently, all wastewater collected in the City is conveyed to the Stillwater Wastewater Treatment Plant via the MCES Stillwater, Bayport, and Oak Park Heights Interceptors. The interceptors run north from Bayport and south from Stillwater along State Highway 95 to the treatment plant, which is located on the east side of State Highway 95 at approximately Upper 61St Street North. All wastewater generated by the City enters the MCES Interceptor at a point near 59th Street North and State Highway 95 and flows north to the treatment plant—with the exception of Sub-Districts N-1 and N-0; where Sub-District N-1 discharges into the MCES Interceptor north of the treatment plant and flows south and Sub-District N-0 is the MCES Treatment Plant Site. To accommodate anticipated growth patterns, the City is planning for potential sanitary sewer service to two major regions outside of the current City limits by the year 2015. The areas and staging dates are shown on the Concept and Staging Plan Map (Figure 6-1) taken from the City's Draft Comprehensive Plan. 4110 City of Oak Park Heights Draft Comprehensive Sanitary Sewer Plan 4 • The Sanitary Sewer Map(at the back of the report) depicts the sanitary sewer sub-districts,layout of the existing trunk sanitary sewer system, and the general layout of the future or ultimate design sanitary sewer system. Both the existing and the ultimate design sewer system will include use of lift stations and force mains. The existing gravity lines in the system have been designed for the anticipated increased flows associated with the fully developed scenario for the City. This report confirms that the existing system, with few exceptions, has adequate capacity to accommodate the future addition of the areas to the west and south. The proposed future lines depicted in this report will need to be sized accordingly at the time of expansion for full development. Lift stations and force mains will be required to service certain areas. Sub-Districts W-1l, W-12, W-13 and W-14 will be serviced via lift stations W11LS and W13LS (W11LS is under contract for installation in 1999). W13LS has been proposed to provide service to the low-lying area in the western part of Sub-District W-13. Due to the proposed staging of the expansion, an interim lift station, W4LS, has been proposed to service Sub-District W-4. Lift stations W4LS and N2OLS can ultimately be eliminated with the completion of the trunk line in the Southern District. Upgrading of lift station W7LS will be required to accommodate the expansion to the • west. The upgrade of W7LS would likely be done in several phases since the increase of wastewater generation from the western sub-districts will also come in phases. One upgrade phase for W7LS must include a 75-foot extension of the force main to enable it to discharge into a larger pipe and obtain increased capacity. District N-5 is currently serviced via lift station N5LS. It has been anticipated that a conduit would be installed under Hwy. 36 during the proposed Hwy. 36 reconstruction. This would eliminate the need for N5LS. Construction cost estimates were developed for the completion of the ultimate trunk system and are included in Appendices G, H, and I. These trunk facilities typically include lift stations, force mains, and all gravity lines ten inches (10") in diameter and larger. In addition, any pipes required to convey sewage from lift stations are included. The estimated cost to expand the trunk sewer system and replace existing pipes with inadequate capacity is $2,147,000. • City of Oak Park Heights Draft Comprehensive Sanitary Sewer Plan 6 • 1. Introduction The Metropolitan Land Planning Act (amended 1995) requires local governments to prepare comprehensive plans and submit them to the Metropolitan Council to determine their consistency with metropolitan system plans. The local comprehensive plan is to include a sanitary sewer element covering the collection and disposal of wastewater generated by the community. Similarly, the Metropolitan Sewer Act requires local governments to submit a comprehensive sewer policy plan which describes the current and future service needs required from the Metropolitan Council Environmental Services(MCES). The City of Oak Park Heights is located in the north-central portion of Washington County positioned along the south side of State Highway 36 between Manning Avenue and the St. Croix River. The local economy is based on a mixture of commercial and industrial activities. A majority of these activities are located along the State Highway 36 corridor. • This Draft Comprehensive Sanitary Sewer Plan(Draft CSSP)is intended to serve as an inventory of Oak Park Heights' existing trunk sewer system and a guide for the expansion and upgrading of the City's trunk sewer system to accommodate future growth. It presents an overall trunk layout for the City and surrounding areas that will meet the immediate and future requirements of the City by accommodating anticipated growth. The Sanitary Sewer Map (at the back of the report) depicts the sanitary sewer districts and sub-districts (see Table 1.1). The Map also shows the layout of the existing trunk sanitary sewer system and the general layout of the future or ultimate design sanitary sewer system. • City of Oak Park Heights Draft Comprehensive Sanitary Sewer Plan 7 Table 1.1 Sanitary Sewer Districts Sewer District Sub-District Notation Northern District N-1 Through N-20 Western District W-1 Through W-14 Southern District S-1 Through S-6 To accommodate anticipated growth patterns, the City plans to provide sanitary sewer service to two major regions outside of the current City limits by the year 2015. The areas and staging dates are shown on the Concept and Staging Plan Map (Figure 6-1) taken from the City's Draft Comprehensive Plan. The larger of the two regions is located south of the existing city boundary primarily between Stagecoach Road and Northbrook Boulevard. The other smaller region is located north of 50th Street between State Highway 5 and Manning Avenue. A portion of this • region, known as the Kern Center, has recently been annexed by the City and sewer plans and specifications have been completed and are under contract for completion in 1999. The Metropolitan Council's Local Planning Handbook describes Tier I and Tier II levels of content requirements for the sanitary sewer element of comprehensive plans. Tier I content requirements apply to all communities' comprehensive plans. Tier II content requirements apply only to communities that plan to alter, expand or improve their sewage disposal system. In order to facilitate the review process,Tier I information will be addressed in Section 2 of this report. Tier II information is contained in the remaining sections of the report. • City of Oak Park Heights Draft Comprehensive Sanitary Sewer Plan 8 Table 2.2 presents a comparison of draft CSSP and Metropolitan Council's projections of average • flows for the City of Oak Park Heights. Draft CSSP numbers are based on anticipated growth areas, land use, and unit wastewater generation rates. These numbers were used for the design of the trunk sewer system presented in this report. Metropolitan Council numbers for the years 2000, 2010, and 2020 are from the Metropolitan Council's Water Resources Management Policy Plan (updated 1997). Numbers for intermediate years are interpolated. Table 2.2 Wastewater Flow Projections Estimated Average Estimated Average Year Flow (MGD) Flow (MGD) (CSSP)1 (MCES)2 2000 1.3370 0.0601 2001 1.4252 0.1344 2002 1.5134 0.2086 0.2829 0.3571 0.8027 2003 2004 2010 1.6016 • 1.6898 2.219 2015 2.499 0.8904 2020 2.499 0.9781 1. Data from the Oak Park Heights Draft Comprehensive Sewer Plan. 2. Data from the Metropolitan Council's Water Resources Management Policy Plan (updated 1997). • City of Oak Park Heights 10 Draft Comprehensive Sanitary Sewer Plan • Currently, all wastewater collected in the City is conveyed to the Stillwater Wastewater Treatment Plant via the MCES Stillwater, Bayport, and Oak Park Heights Interceptors. The interceptors run north from Bayport and south from Stillwater along State Highway 95 to the treatment plant, which is located on the east side of State Highway 95 at approximately Upper 61st Street North. All wastewater generated by the City enters the MCES Interceptor at a point near 59th Street North and State Highway 95 and flows north to the treatment plant—with the exception of Sub-Districts N-1 and N-0; where Sub-District N-1 discharges into the MCES Interceptor north of the treatment plant and flows south and Sub-District N-0 is the MCES Treatment Plant Site. The flow projections are based on the Proposed Land Use Plan presented in the City of Oak Park Heights Comprehensive Plan. The phasing of the sanitary sewer trunk system through the year 2020 is based on the Concept and Staging Plan also presented in the City of Oak Park Heights Comprehensive Plan—included in this report as Figure 6.1. The Sanitary Sewer Map at the back of this report shows the existing and proposed sanitary sewer trunk system for the entire City. • • City of Oak Park Heights Draft Comprehensive Sanitary Sewer Plan 11 III 3. Sanitary Sewer Design Criteria 3.1 Land Use The land use plan from the City of Oak Park Heights Comprehensive Plan served as the basis for the development of the sanitary sewer trunk system. The ultimate land use plan and population densities for residential areas were developed by working with City Staff. In many areas, the ultimate land use is different iliga current zoning. Future land uses include residential, quasi-public, schools, government, commercial, commercial business, industrial, public, institutional, highway business warehouse, park facilities/open space, and estate residential/golf course. Descriptions of the various land uses are found in the City of Oak Park Heights Comprehensive Plan. The land uses are shown on the sanitary sewer map at the back of the report, and areas of each land use by sewer sub-district are presented in Appendix A. 3.2 Estimated Average Wastewater Flows Municipal wastewater is made up of a mixture of domestic sewage, commercial and industrial III wastes, groundwater infiltratiorand surface water inflows. With proper design and construction, groundwater infiltration and surface water inflows, often called infiltration/inflow (I/I), can be minimized. The flows due to I/I are accounted for in the analysis and design of the trunk sewer system. The anticipated average wastewater flows from the various sub-districts were determined by applying unit flow rates to each of the land use categories. The unit flow rates used are presented in Table 3.1. The average wastewater flows for each sub-district are presented in Appendix B. III City of Oak Park Heights Draft Comprehensive Sanitary Sewer Plan 12 Table 3.1 -Wastewater Unit Flow Rates • Land Use Type Persons/Lot Gal/Person/Day Gal/Acre/Day Low Density Residential 2.65 90 954 (3-4 lots/acre) Medium Density 80 1,272 2.65 Residential (4-6 lots/acre) High Density Residential 2.65 70 2,226 (10-12 lots/acre) 1,000 Commercial/Industrial 1,500 Public/Institutional 0 Parks/Open space • 3.3 Peak Flow Factors The sanitary sewer system must be capable of handling the anticipated peak wastewater flow rate including any I/I. The design peak flow rate can be expressed as a variable ratio to the average flow rate. Curves used to describe this ratio, called the peak flow factor (PFF), indicate a decreasing ratio of peak flow to average flow with increasing average flow. The PFF values applied in this study are shown in Figure 3-1 as a curve and in tabular form. These values are generally conservative and widely used throughout the state for municipal planning. They include a standard allowance for I/I, which is typical of new sanitary sewer construction as well as properly operating existing sewers. In City of Oak Park Heights,there are no known areas of excessive I/I. The design flows for each sub-district are presented in Appendix C. • City of Oak Park Heights 13 Draft Comprehensive Sanitary Sewer Plan 0 18 PEAK FLOW FACTORS PEAK FLOW AVERAGE DAILY FACTOR FLOW LIMITS (MGD) 6 4.0 0.00 - 0.11 3.9 0.12 - 0.18 3.8 0.19 - 0.23 3.7 0.24 - 0.29 3.6 0.30 - 0.39 3.5 0.40 - 0.49 14 3.4 0.50 - 0.64 3.3 0.65 - 0.79 3.2 0.80 - 0.99 3.1 1.00 - 1.19 3.0 1.20 - 1.49 2.9 1.50 - 1.89 0 2.8 1.90 - 2.29 12 2.7 2.30 - 2.89 2.6 2.90 - 3.49 2.5 3.50 - 4.19 2.4 4.20 - 5.09 2.3 5.10 - 6.39 0 2.2 6.40 - 7.99 10 Li_ 2.1 8.00 - 10.39 2.0 10.40 - 13.49 Li l 1.9 13.50 - 17.99 1.8 18.00 - 29.99 C'0 1.7 OVER 30.00 < 8 L,i Q • Z 0 6 W 0 4 2 0 4.0 3.5 3.0 2.5 2.0 1.5 PEAK FLOW FACTOR PEAK FLOW FACTORS Bonestroo • a Roselle Anderiik& OAK PARK HEIGHTS, MINNESOTA FIGURE 3-1 Associates COMPREHENSIVE SANITARY SEWER PLAN \55\5599101\CAD\5599101W01.DWG COMM. 14159 4\99 • 3.4 Infiltration/Inflow In Existing System The City of Oak Park Heights is unaware of any significant I/I problems with the existing sanitary system. However, standard amounts of I/1 can be expected and are compensated for through the application of the design peak flow factor. 3.5 Large Sewer Users There are currently no large sewer users (greater than 50,000 gallons/day) discharging into the City's sanitary sewer system. 3.6 Hydraulics and Pipe Material The trunk sewer system was designed to prevent surcharging and maintain a minimum flow velocity of 2 feet per second at design flow. The existing and proposed pipe capacities were calculated based on inlet control and outlet control and are presented in Appendices D and F. The use of plastic pipe is recommended for all pipe of 10" diameter and less. Above 10" diameter . pipe, either plastic or reinforced concrete pipe is recommended. Plastic pipe is superior to concrete, especially in the smaller sizes, for several reasons. First, the joints require less care and form a better seal,reducing I/I. Second,plastic pipe comes in greater lengths, resulting in fewer joints and fewer opportunities for I/I. Finally, plastic pipe is lighter, easier to handle, and less expensive to install. For design purposes, reinforced concrete pipe was used in most cases to be conservative at this level of design, since pipe flow friction is greater for concrete, diminishing its hydraulic capacity. At the time of final design and construction, adjustments in the routing, choice of material, and size of the trunk facilities can be expected as determined by the particular conditions at that time. In some cases,the pipe size may be reduced if plastic pipe is chosen over concrete pipe. It is recommended that the City of Oak Park Heights institute an annual pipe-cleaning program to maintain the hydraulics of the sewer system and prevent any buildup of sediment and sludge in the pipes. Until full development of the study area, some pipes will be oversized with regard to interim flows. Sediment will tend to accumulate in these oversized pipes. If this material is not removed, corrosion problems could develop. • City of Oak Park Heights Draft Comprehensive Sanitary Sewer Plan 15 0 4. Proposed Sanitary Sewer Trunk System 4.1. Summary The trunk sewer system layout for City of Oak Park Heights is presented e n three Figure main sanitary Sanitary Sewer Map, located at the back of this report. This map shows veers, and existing and sewer districts, sub-districts, existing and proposed trunk proposed lift stations and force mains. The modeling of the sanitary sewer system was based on a variety of parameters, such as: land o ulation density, standard wastewater generation rates, topography, and future land use use, p p �' sub-districts were created plans. Based on the topography of the undeveloped areas, the sanitary and the most cost-effective locations for future trunk line facilities were determined. The lacs location of smaller sewer laterals and service lines are dependent upon future land development and cannot be accurately located from a study of this type. Both the existing and proposed pipe systems were evaluated and broken up into design segments. Each end of a design segment has a node assigned to it. Design nodes were crreaatedd along each ch trunk line where two or more pipes merge or the pipe gradient or pipe size changes • hydraulically significant. Occasionally, a section of pipe was broken out because of physical barriers, (e.g., road crossings) or where the change in the cost of pipe installation became significant. The nomenclature for the nodes consists of three characters: 1) A letter corresponding to the main to the particular sub-district. 3) A district within which it is located. 2) A number corresponding p N9 2 3) A unique node within the sub-district, e.g., The number after the decimal point identifying the umq decimal numbers starting with nodes within each subdistrict are generally labeled with ascending the most downstream node to the most upstream node. Based on the Concept and Phasing Map (Figure 6-1), the years for expansion in 2000 and 2005 define the core stages of sanitary sewer expansion and installation. To that end, two design flows scenarios were investigated, an interim and an ultimate designe The pipe E capacity (ultimate). Appendices calculated between the nodes are presented in tAppendix proposed trunk lines and their basic design D (interim) and F (ultimate) summarize p P characteristics. • City of Oak Park Heights 16 Draft Comprehensive Sanitary Sewer Plan • The alignments shown on the map generally follow the natural drainage of the land to minimize the use of lift stations and consequently provide the City with the most economical ultimate design sanitary sewer system. Minor adjustments in the routing and size of the trunk facilities will take place as determined by the specific land use and development conditions at the time of final design. Any such adjustments are expected to deviate minimally from this plan. Each sub-district contains at least one collection point where the sub-district's sewage is defined to enter the pipe network. Upstream of that collection point, unserviced areas can be served by a lateral network of 8"gravity lines. Lift stations and force mains will be required to service certain areas. Sub-Districts W-11, W-12, W-13, and W-14 will be serviced via lift stations WI1LS and W13LS (W11LS is under contract for installation in 1999). W13LS has been proposed to provide service to the low-lying area in the western part of Sub-District W-13. Due to the proposed staging of the expansion, an interim lift station, W4LS, has been proposed to service Sub-District W-4. Lift stations W4LS and N2OLS can ultimately be eliminated with the completion of the trunk line in the Southern District. Upgrading of station W7LS will be required to accommodate the expansion to the west. The upgrade of W7LS would likely be done in several phases since the increase of wastewater generation from the western sub-districts will also come in phases. One upgrade phase for • W7LS must include a 75-foot extension of the force main to enable it to discharge into a larger pipe and obtain increased capacity. District N-5 is currently serviced via lift station N5LS. It has been anticipated that a conduit would be installed under Hwy. 36 during the proposed Hwy. 36 reconstruction. This would eliminate the need for N5LS. 4.2 Wastewater Flow Projections Currently, all wastewater collected in the City is conveyed to the Stillwater Wastewater Treatment Plant via the MCES Stillwater, Bayport, and Oak Park Heights Interceptors. The interceptors run north from Bayport and south from Stillwater along State Highway 95 to the treatment plant, which is located on the east side of State Highway 95 at approximately Upper 61St Street North. All wastewater generated by the City enters the MCES Interceptor at a point near 59th Street North and State Highway 95 and flows north to the treatment plant—with the exception of Sub-Districts N-1 and N-0; where Sub-District N-1 discharges into the MCES Interceptor north of the treatment plant and flows south and Sub-District N-0 is the MCES Treatment Plant site. • City of Oak Park Heights Draft Comprehensive Sanitary Sewer Plan 17 Population and household projections for the City are presented in Table 4.1. These wastewater • flow projections are presented in Table 2.2 (Tier I information). The total population and residential connection numbers include in-fill development within areas already served by municipal sanitary sewer. Table 4.1 MUSA Expansion Area Projections 1 Average Flow Added(MGD) Cumulative Sewered Sewered Commercial/Industrial, Average Flow Year Households Added Residential Convenience/Commercial, Total (MOD) Public/Institutional 2000 NA 3,037 5,984 NA NA NA 0.337 2005 2,947 0.560 0.148 0.708 1.044 2010 921 6,905 0.175 0 0.175 2.219 2015 1,115 8,021 0.212 0.076 0 0.288 2.499 2020 0 8,021 0 0 2.499 1. Estimates based on the Draft Comprehensive Sanitary Sewer Plan(April, 1999). 4.3 Inter-community Flows There are no flows from Oak Park Heights into any other community's sanitary sewer system. Flows from a small area of Stillwater enter the Oak Park Heights system at node N18.1. The average flow from Stillwater into Oak Park Heights is estimated to be 0.003 MGD. 4.4 Individual Sewage Treatment Systems (ISTS) Within the existing City limits,there are approximately eighteen lots that currently have individual sewage treatment systems. They are located on the eastern perimeter of Sub-District W-1 along Oakgreen Avenue. This area could eventually be serviced by extending the sewer from Node W1.1 to the south along Oakgreen Avenue. Incidentally,this line may have to be installed to service Sub- District W-4 on an interim basis(see Section 5.3-Additional Special Issues). City of Oak Park Heights 18 Draft Comprehensive Sanitary Sewer Plan IIIA copy of the Washington County ordinance in regard to Individual Sewage Treatment Systems is provided in Appendix H. 5. Design Options and Recommendations 5.1 City of Oak Park Heights Sanitary District The City of Oak Park Heights Comprehensive Sanitary Sewer Plan encompasses 40 sub-districts covering approximately 3,000 acres. The core of the City, approximately 1,600 acres, is located in the Northern and Western Districts. The currently non-serviced areas are as follows: The 75-acre Sub-District, W-4, located in the southeastern corner of the Western District will be serviced by 2005. Sub-Districts W-12, W-13 and W-14, located west of State Highway 5, approximately 150 acres, are indicated to be serviced by 2000 on the Concept and Staging Plan. The entire Southern District is designated to be serviced by the City during the period from 2005 through 2015. It is worth noting that Sub-Districts N-0 and N-1 do not contribute wastewater into the Oak Park IIIHeights sanitary system and are not included in the design model beyond Appendix B. Sub-District N-0 is the site of the MCES Wastewater Treatment Plant and Sub-District N-1 is serviced via laterals that discharge directly into the Stillwater Interceptor north of the MCES Wastewater Treatment Plant. 111 City of Oak Park Heights Draft Comprehensive Sanitary Sewer Plan 19 • 5.2 Northern Sanitary District The Northern District consists of the original core City of Oak Park Heights. The long-term land use is tabulated below. A detailed breakdown is provided in Appendix A. Table 5.1 Northern Sanitary District Land Use Land use Acres Residential 286 Commercial/Industrial 281 Public/Institutional 256 Parks/Open Space 157 • Additional Special Issues At present, Sub-District District N-5 is serviced via lift station N5LS. The future realignment and reconstruction of the Highway 36 corridor would facilitate the installation of a sanitary trunk that would cross the corridor and discharge into the Stillwater Interceptor just north of the MCES Treatment Plant. This will alleviate the need for N5LS and would remove the flows from Sub- District N-5 from entering the main sanitary trunk line starting at Node N-5.3. Lift station N20LS, which services Sub-District N-20 with a future addition of some 75 lots from Sub-District W-3, could also be eliminated once the southern trunk is completed up to the SE corner of Sub-District W-4 (Node W4.1). A trunk line would need to be built from Node N20LS to Node W4.1 at that time. If street reconstruction occurs in this area prior to the southern trunk being completed, it is recommended that the trunk line to node W.4 be installed in conjunction with the street reconstruction. City of Oak Park Heights Draft Comprehensive Sanitary Sewer Plan 20 • 5.3 Western Sanitary District The Western District long-term land use is tabulated below. A detailed breakdown is provided in Appendix A. Table 5.2 Western Sanitary District Land Use Land use Acres Residential 323 Commercial/Industrial 323 Public/Institutional 114 Parks/Open Space 36 The majority of the wastewater generated in the Western District, with the exception of Sub- Districts W-1, W-4, a portion of W-3 and approximately one half of W-2, is lifted via W7LS to the east some 2,800 feet and is discharged into the existing gravity line. Upgrading of lift station W7LS will be inevitable to accommodate the expansion to the west. This would likely be done in several phases as the supply of wastewater from the western sub-districts grows with each new development. One upgrade phase for W7LS must include a 75-foot extension of the force main to enable it to discharge into a 12" gravity line at Node W1.2. Currently, W7LS discharges into an 8" atW2.2. Sub-Districts W-11, W-12, W-13 and W-14 will be serviced via lift stations W11LS and W13LS (W11LS is under contract for installation in 1999). W13LS has been proposed to provide service to the low-lying area in the western part of Sub-District W-13. Additional Special Issues Due to the proposed staging of the expansion, an interim lift station, at node W4.1, has been proposed to service Sub-District W-4. This lift station will pump through a forcemain to Node W1.3 (see Figure M-1 Sanitary Sewer System Map). From there, a gravity line will need to be installed along Oakgreen Avenue to the north to Node W1.1. The installation of this line would • City of Oak Park Heights Draft Comprehensive Sanitary Sewer Plan 21 • also service the lots along Oakgreen Avenue currently using individual sewage treatment systems (also see Section 4.4-ISTS). Lift stations W4.1 and N20LS can ultimately be eliminated with the completion of the trunk line in the southern district. 5.4 Southern Sanitary District The Southern District long-term land use is tabulated below. A detailed breakdown is provided in Appendix A. Table 5.3 Southern Sanitary District Land Use Land use Acres Residential 920 Commercial Industrial 224 Public/Institutional 0 Parks/Open Space 29 • The Southern District will be serviced via gravity lines extending south from an existing 18" that currently ends at Node N11.4 located just northeast of the State Correction Facility. Ultimately,this line will also provide service to Sub-Districts N-20 and W-4 just to the north and west of Sub- District S-2. No lift stations are necessary to service the southern district. • City of Oak Park Heights Draft Comprehensive Sanitary Sewer Plan 22 6. Cost Estimates Cost estimates have been prepared for the proposed trunk facilities outlined in this report. The total estimated cost of all proposed trunk facilities shown on the Sanitary Sewer Map is $2,147,000. Trunk facilities include lift stations,force mains, and all gravity lines greater than or equal to 10" in diameter. A breakdown of the cost estimates is presented in the Interim Design Appendices E and F. The cost estimates include construction,design, legal, administration and planning contingency costs, as well as easement acquisition. The planning and contingency costs account for unexpected costs. Examples include route changes by the developer or difficulties in construction such as unexpected bedrock or the requirement of excessive dewatering. Easement costs have been estimated based upon 25 percent of City trunk alignments lying outside future rights of way. Financing costs are not included in this estimate. The phasing of costs for the system is presented in the Interim Design Appendix G. Phase I would occur during the year 2000. Estimated costs for installation of the sanitary service to the western annexation area is $742,000. This includes the installation of two new lift stations, W11LS and W13LS, and one lift station upgrade, W7LS. Phase II would occur during the year 2005. • Estimated costs for installation of the sanitary sewer service for the southern annexation region is $1,405,000. This includes the $108,000 cost of installation for the lift station and force main to service District W-4. This cost could be eliminated if the southern sanitary trunk line gets installed far enough to the west to service District W-4 by gravity. One additional cost, not listed in Appendix G, is the installation of the trunk to service District N-5. Estimated cost is$34,000. This trunk line would go under Hwy 36. Ideally,the trunk or a suitable conduit could be installed during the proposed Hwy 36 reconstruction. • City of Oak Park Heights 23 Draft Comprehensive Sanitary Sewer Plan 7. Recommendations The Comprehensive Sanitary Sewer Plan presented herein is intended to serve as an inventory of City of Oak Park Heights' existing sanitary sewer trunk facilities and as a guide for expanding the trunk sewer system to service future annexation areas adjacent to the City. Based on the information analyzed in this study and presented in this report,the following recommendations are presented for the City's consideration: 1) That the City Council adopt the sanitary sewer layout, as presented in the Sanitary Sewer Map, as the development guide for sanitary sewer construction within the study area. 2) That the design flows in Appendix D be used for sizing all future sanitary sewer trunk facilities. 3) That the City undertakes a program to clean the trunk sanitary sewer pipes on an annual basis. • • City of Oak Park Heights 24 Draft Comprehensive Sanitary Sewer Plan t `:r L Da o :m�7II� I 0 . , �m 1 be %'.to. r ,s`t' 'I Z fi■'�° i �'±\1 . : vsl\ f� @illy 1 I 64 At 4 i 4 417 hi:kl-' • 2"-' -7,44Pirriall, rifrAkt? IV ria...""""'&1111'0•74-1114•1101.P."11 g I I II I • .mmhi.L i••L-4►•-. g. � r i``c 1 ors Illy,f,p,,:..,.(,.r, m4i illy f • tee.. 11 J, 1 i /..1_11®1', d�iroik.- i I ' 1. BM I S,!110 .,IIf► .� 3. II IMO=87 w m 1.1111P!. 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773 Southern District - - S-1 0 42 0 0 0 0 0 0 7 0 49 5_2 0 349 0 0 0 0 0 0 3 0 352 S-3 0 416 0 0 0 0 0 0 0 0 417 S-4 0 55 0 0 0 0 76 0 0 0 131 S_5 0 37 0 0 0 0 74 0 0 0 111 S-6 0 21 0 0 0 0 74 0 19 0 114 subtotal 0 920 0 0 0 0 224 0 29 0 1.173 TOTALS I 1.233 1.407 214 52 51 97 828 I 370 I 221 I 18 I 2.969 4110 Appendix A 1 • APPENDIX B-AVERAGE FLOWS FOR SEWER SUBDISTRICTS Commercial Public Park Non Area Residential Industrial Institiutional Open Space Developable TOTAL Designation (MGR) (MGR) (MGD) (MGD) (MGD) (MGD) Northern District N-1 0.012 _ 0.032 0.000 0.000 0.000 0.044 N-2 0.000 0.158 0.042 0.000 0.000 0.200 N-3 0.048 0.030 0.000 0.000 0.000 0.078 N-4 0.000 0.001 0.000 0.000 0.000 0.001 N-5 0.045 0.000 0.001 0.000 0.000 0.046 N-5A 0.019 0.000 0.000 0.000 0.000 0.019 N-6 0.016 0.003 0.078 0.000 0.000 0.097 N-7 0.035 0.021 0.008 0.000 0.000 0.065 N-8 0.011 0.002 0.000 0.000 0.000 0.014 N-9 0.021 0.005 0.002 0.000 0.000 0.027 N-10 0.014 0.000 0.000 0.000 0.000 0.014 N-11 0.000 0.000 0.039 0.000 0.000 0.040 N-12 0.005 0.000 0.000 0.000 0.000 0.005 N-13 0.033 0.000 0.000 0.000 0.000 0.033 N-14 0.022 0.000 0.003 0.000 0.000 0.025 N-15 0.001 0.022 _ 0.000 0.000 0.000 0.023 N-16 0.000 0.040 0.000 0.000 0.000 0.040 N-17 0.012 0.006 0.000 0.000 0.000 0.018 N-18 0.040 0.002 0.000 0.000 0.000 0.042 N-19 0.000 0.000 0.001 _ 0.000 0.000 0.001 N-20 0.038 0.000 0.000 0.000 0.000 0.038 Subtotal 0.371 0323 _ 0.174 0.000 0.000 0.869 III Western District W-1 0.000 0.018 0.000 0.000 0.000 0.018 W-1A 0.002 0.009 0.000 0.000 0.000 0.011 W-2 0.000 0.048 0.000 0.000 0.000 0.048 W-3 0.047 0.000 0.000 0.000 0.000 0.047 W-4 0.068 0.000 0.000 0.000 0.000 0.068 W-5 0.068 0.000 0,000 0.000 0.000 0.068 W-6 0.012 0.000 0.000 0.000 0.000 0.012 W-7 0.000 0.033 0.001 0.000 0.000 0.035 W-8 0.000 0.043 0.000 0.000 0.000 0.043 W-9 0.018 0.000 0.000 0.000 0.000 0.018 W-10 0.000 0.000 0.018 0.000 0.000 0.018 W-11 0.000 0.058 0.000 0.000 0.000 0.058 W-12 0.015 0.013 0.000 0.000 0.000 0.028 1 W-13 0.037 0.000 0.000 0.000 0.000 0.037 W-14 0.021 0.016 0.004 0.000 0.000 0.042 Subtotal 0.289 0.239 0.023 0.000 0.000 0.551 Southern District S-1 0.040 0.000 0.000 0.000 _ 0.000 0.040 S-2 0.333 0.000 _ 0.000 0.000 0.000 0.333 S-3 0.397 0.000 0.000 _ 0.000 0.000 0.397 S-4 0.053 0.076 0.000 0.000 0.000 0.128 5-5 0.035 0.074 0.000 0.000 0.000 0.109 S-6 0.020 0.074 0.000 0.000 0.000 0.094 Subtotal 0.878 0.224 _ 0.000 0.000 0.000 1.101 Totals I 1 538 I 0 786 I 0.198 I 0.000 I OA00 I 2.521 I III Appendix B 1 i � 1 0 APPENDIX C-DESIGN FLOWS FOR THE INTERIM SYSTEM Average Cumulative Peak Peak 1 From To Subdistrict Flow Average Flow Waste DESIGN , i s. 1 Point Point Added Added Flow Factor Flow FLOW (MGD) (MGD) (PFF) _ (MGD) (MGD) nk 1 Northern D' trict W1.1 N18.1 W-Trunks 0.626 0.626 3.4 2.13 2.13 N18.1 N17.2 N-18+N 19 0.043 0.668 3.3 2.21 2.21 N17.2 N17.1 N-17 0.018 0.686 3.3 2.26 2.26 N17.1 N16.1 0.000 0.686 3.3 2.26 2.26 _) N16.1 N8.4 N-16 0.040 0.726 3.3 2.40 2.40 N8.4 N8.3 0.000 0.726 4 2.91 2.91 N8.3 N8.2 N-8 0.014 0.740 3.3 2.44 2.44 r 1 N8.2 N8.1 0.000 0.740 3.3 2.44 2.44 I N8.1 N4.3 0.000 0.740 3.3 2.44 2.44 J N4.3 N4.2 Junction 0.161 0.902 3.2 2.89 2.89 N4.2 N4.1 N-4 0.001 0.902 3.2 2.89 2.89 r-1 N4.1 N3.6 Junction 1.306 2.209 2.8 6.18 6.18 N3.6 N3.5 N-3 0.078 2.286 2.8 6.40 6.40 N3.5 N3.4 Junction 0.065 2.351 2.7 6.35 6.35 N3.4 N3.3 0.000 2.351 2.7 6.35 6.35 N3.3 N3.2 0.000 2.351 2.7 6.35 6.35 1 N3.2 N3.1 0.000 2.351 2.7 635 6.35 N3.1 N2.2 0.000 2.351 2.7 6.35 6.35 N2.2 N2.1 N-2 0.200 2.552 2.7 6.89 6.89 N5LS N5.3 N-5 0.046 0.046 4 0.18 0.18 N5.3 N5.2 N-5A 0.019 0.065 4 0.26 0.26 N5.2 N5.1 0.000 0.065 4 0.26 0.26 N5.1 N3.9 0.000 0.065 4 0.26 0.26 N3.9 N3.8 0.000 0.065 4 0.26 0.26 N3.8 N3.7 0.000 0.065 4 0.26 0.26 N3.7 N3.5 0.000 0.065 4 0.26 0.26 N20LS N20.1 N-20 0.038 0.038 4 0.15 0.15 N20.1 N14.6 0.000 0.038 4 0.15 0.15 N14.6 N14.5 0.000 0.038 4 0.15 0.15 1 N14.5 N14.4 N-14 0.025 0.063 4 0.25 0.25 N14.4 N14.3 0.000 0.063 4 0.25 0.25 1 N14.3 N14.2 0.000 0.063 4 0.25 0.25 i. N14.2 N14.1 N-13 0.033 0.096 4 0.39 0.39 N14.1 N9.4 N-12+N-15+S-1 0.068 0.164 3.9 0.64 0.64 1-, N9.4 N9.3 N-9 0.027 0.192 3.8 0.73 0.73 N9.3 N9.2 0.000 0.192 3.8 0.73 0.73 i N9.2 N9.1 0.000 0.192 3.8 0.73 0.73 N9.1 N11.3 N-10 0.014 0.205 3.8 0.78 0.78 N11.3 N11.2 0.000 0.205 3.8 0.78 0.78 r 1 N11.2 N11.1 0.000 0.205 3.8 0.78 0.78 N11.1 N4.1 Junction 1.101 1.306 3 3.92 3.92 .r N11.6 N11.5 S-Trunk 1.061 1.061 3.1 3.29 3.29 . N11.5 N11.4 0.000 1.061 3.1 3.29 3.29 N11.4 N11.1 N-11 0.040 1.101 3.1 3.41 3.41 N7.1 N6.5 N-7 0.065 0.065 4 0.26 b.26 N6.5 N6.4 0.000 0.065 4 0.26 0.26 N6.4 N6.3 0.000 0.065 4 0.26 0.26 N6.3 N6.2 0.000 0.065 4 0.26 0.26 � N6.2 N6.1 N-6 0.097 0.161 3.9 0.63 0.63 1 N6.1 N4.5 0.000 0.161 3.9 0.63 0.63 N4.5 N4.4 0.000 0.161 3.9 0.63 0.63 N4.4 N4.3 0.000 0.161 3.9 _ 0.63 _ 0.63 i 1 0 i Interim Design Appendix C 1 -.1 • Ii 3 EEEEEEEE���F6�@3€@€6 pr, INSEEMENEMEMEGMESSIESESEMEHE F � �EE6S€€ g E&��B i€ € F€ € iF MIEEMENIMEMMISCRECEM �7ERiCi�R7iR�6 �M� ll €@€4 E E€�kEEE€EE E� @�€€ • 2T°i EEMEENEESEEEEMEEEEMEEENCEMESEESSEEEI t 1 l!' 1111111111111111111111111111111111111 :z. 1 EIEMEMEMMEEMEMEEREEMEME ii r 111111:111110EICEIC COCO eeexeaeecrOM MC^ ^•^ 111 EMEMEMEMEMEMEEME LI MEMEMEMEMEMENNEMENEMEME 11 BEREMEMEMESSEEMEMENEEEME • 1,gb N 311111111111:11 11111111 EEEEEEEEEE CCE E pp �ESEEN SEES S�! 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JEIERMIEMEE 111111O�CCOCOOCOC MEM • APPENDIX E-DESIGN FLOWS FOR THE ULTIMATE SYSTEM IIIAverage Cumulative Peak A From To Subdistrict Flow Average Flow DESIGN Point Point Added Added Flow Factor FLOW (MGD) _ (MGD) (PFF) (MGD) Northern District W1.1 N18.1 W-Trunks 0.485 0.485 3.5 1.70 N18.1 N17.2 N-18+N-19 0.046 0.531 3.4 1.80 N17.2 N17.1 N-17 0.018 0.549 3.4 1.87 N17.1 N16.1 0.000 0.549 3.4 1.87 N16.1 N8.4 N-16 0.040 0.589 3.4 2.00 N8.4 N8.3 0.000 0.589 4 2.36 N8.3 N8.2 N-8 0.014 0.603 3.4 2.05 i' N8.2 N8.1 0.000 0.603 3.4 2.05 N8.1 N4.3 0.000 0.603 3.4 2,05 • N4.3 N4.2 Junction 0.161 0.764 3.3 , 2.52 N4.2 N4.1 N-4 0.001 0.765 3.3 2.52 N4.1 N3.6 Junction 1.375 2.140 2.8 5.99 N3.6 N3.5 N-3 0.078 2.217 2.8 6.21 N3.5 N3.4 Junction 0.019 2.236 2.8 6.26 N3.4 N3.3 0.000 2.236 2.8 6.26 N3.3 N3.2 0.000 2.236 2.8 6.26 N3.2 N3.1 0.000 2.236 2.8 6.26 N3.1 N2.2 0.000 2.236 2.8 6.26 N2.2 N2.1 N-2 0.200 2.437 2.7 , 6.58 N5LS N1.1 N-5 0.032 0.032 4 0.13 N5.3 N5.2 N-5A 0.019 0.019 4 0.08 N5.2 N5.1 0.000 0.019 4 0.08 N5.1 N3.9 0.000 0.019 4 0.08 N3.9 N3.8 0.000 0.019 4 0.08 N3.8 N3.7 0.000 0.019 4 0.08 III N3.7 N3.5 0.000 0.019 4 0.08 0.10 N14.5 N14.4 N-14 0.025 0.025 4 N14.4 N14.3 0.000 0.025 4 0.10 N14.3 N14.2 0.000 0.025 4 0.10 N14.2 N14.1 N-13 0.033 0.058 4 0.23 N14.1 N9.4 N-12+N-15+S-1 0.068 0.126 3.9 0.49 • N9.4 N9.3 N-9 0.027 0.154 3.9 0.60 N9.3 N9.2 0.000 0.154 3.9 0.60 N9.2 N9.1 0.000 0.154 3.9 0.60 N9.1 N11.3 N-10 0.014 0.167 3.9 0.65 N11.3 N11.2 0.000 0.167 3.9 0.65 N11.2 N11.1 0.000 0.167 3.9 0.65 N11.1 N4.1 Junction 1.207 1.375 3 4.12 N11.6 N11.5 S-Trunk • 1.168 1.168 3.1 3.62 N11.5 N11.4 0.000 1.168 3.1 3.62 N11.4 N11.1 N-11 0.040 1.207 3 3.62 N7.1 N6.5 N-7 0.065 0.065 4 0.26 N6.5 N6.4 0.000 0.065 4 0.26 N6.4 N6.3 0.000 0.065 4 0.26 N6.3 N6.2 0.000 0.065 4 0.26 N6.2 N6.1 N-6 0.097 0.161 3.9 0.63 N6.1 N4.5 0.000 0.161 3.9 0.63 N4.5 N4.4 0.000 0.161 3.9 0.63 N4.4 N4.3 0.000 0.161 3.9 0.63 • a Ultimate Design Appendix E 1 N • 11/1 U C aIE Saci SaE O V&t i O . C 8 H 1-a 1^`a m Zy ac 16' 4 2 1,51g.g . = a �_�-- _ _ °1113�__ 2 1�1_1 0_�-_1:_�-111 °-4EIEEIMEEIEEI 5411111111110111 00 11111111111:1:: N 111111112113 „ a C G a G mO C ONOG°-lv� a nogo�M V Vn 1 J O yad C �r o 6,.+IOTOCiViWiCirOC4 88000 0 0 0 00 O O O O O O O O O O 0000000000 fP q- -+0000 N N d N Ow+O O N N Nh � RGG ammmrommm � ! 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(HP) ($) Northern District I N2OLS 0.15 I 106 I 6 I 7.5 Duplex Subm. I $60,000 I Western District W4LS 0.11 77 6 7.5 $80,000 Duplex Subm. W7LS 1.29 896 10 42 $60,000 Duplex Subm. W11LS 0.64 444 6 22 $45,000 Duplex Subm. W13LS 0.15 102 4 2 $75,000 Duplex Subm. TOTAL ESTIMATED LIFT STATION CONST.COST $320,000 CONTINGENCIES,DESIGN,ADMIN.,INTEREST(35%) $112,000 6 TOTAL LIFT STATION COST $432,000 • Appendix H 1 H E c0=- -o IIIIIIIIIiii iiii:ui:iii d a c o= - iiii:iiiiiii - . PG OO 8111111111 0._ _ iiiiiiiiiiii ti iiiiIIIIiii HE ect iiiiiiiiiii E co II :iiii:iiiii: .0____ --11- 111111111111 ,,. ..i_ _1 iiiiiiiiiiii UP'!- 1.:: t- o„_ _N 111111111111 II!II 2. HE 0---a iiiiiiEiii E c- -o iiiiii:iIiii 1 - - iiiiiiiii:- a Q y N? $M 111111111111 r a a- _0 A 3 M : W 8 ! 111111111111 1 C $y $s E y _ n O E N O K g jU F '$ -E i a Vnh- N P N 3 OM N 35 cm. 5 g N N Q 4 Q • 3 I N IiIIIIIII1III p Q o =fi . P g K 2 a Ii 1 P L 1 -FL m nm = CiI1I1I1iCCC g i 5 § N o i N ._ _gg a 3 a o c Y C t 111111111111 _ II F e u e _ _ y VV mcVS°° m 3S . i 3 =S 7 3 = g Fv Fir. Y V. I .VG/ • r.. I iJ • 305 AN ORDINANCE REGULATING THE INSTALLATION,CONSTRUCTION,ALTERATION, EXTENSION, REPAIR, AND MAINTENANCE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS;REQUIRING PERMITS FOR,AND LICENSING OF PERSONS ENGAGED IN THE CONSTRUCTION THEREOF;PROVIDING FOR INSPECTION;PRESCRIBING PENALTIES; AND ADOPTING BY REFERENCE THE 1969 MINNESOTA INDIVIDUAL SEWAGE DISPOSAL SYSTEM CODE. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA DOES ORDAIN: 305.01 Definitions. The following definitions shall apply in the interpretation and enforcement of this Ordinance. A. "Sewage"is any water-carried domestic waste,exclusive of footing and roof drainage,of any residence, industry or commercial establishment,whether treated or untreated, and includes the liquid wastes produced by bathing, laundry and culinary operations, and from toilets and floor drains. Raw sewage is sewage which has not been subjected to any treatment process. . B. "Individual Sewage Disposal System"is a sewage disposal system,other than a public or conununity system, which receives sewage from an individual establishment. Unless otherwise indicated the word "system"as it appears in this Ordinance means "individual sewage disposal system." C. "Building Drain" is that part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of any building and conveys the same to the building sewer. D. 'Building Sewer"is that part of the horizontal portion of the building drainage system extending from the building drain to its connection with the septic tank and carrying the sewage of but one building. 305.02 Minnesota Code. The 1969 edition of the Minnesota Individual Sewage Disposal System Code of Minimum Standards recommended by the Minnesota Department of Health, Appendix E of the Minnesota Plumbing Code, is hereby adopted by reference and made a part of this ordinance as if fully set forth herein. Before publication of this Ordinance,the City Clerk shall mark three(3)copies of this code as official copies and file them in his office for use and examination. • 1 305.03 Licensing. • No person, fin, or corporation shall engage in the business of installing and constructing sewage g disposal systems within the City of Oak Park Heights without first obtaining a license to carry on such occupation from the City Council and procuring and posting with the City Clerk a bond in the amount of Two Thousand Five Hundred Dollars($2,500.00)in favor of the City and the public,conditioned upon the faithful performance of contracts and compliance with this Ordinance. Such license shall be renewable annually and may be revoked or refused renewal by the Council for cause. Any installation, construction, alteration, or repair of a sewage disposal system by a licensee in violation of the provisions of 305,05 of this Ordinance, or refusal on the part of a licensee to correct such defective work performed by such licensee, shall be cause for revocation of or refusal to renew a license, 305.04 Permits. A. No person, firm, or corporation shall install, alter, repair, or extend any individual sewage disposal system in the City without first obtaining a permit therefor from the Council or its authorized representative for the specific installation,alteration,repair, or extension;and,at the time of applying for said permit,shall pay a fee as established by Council resolution from time to time. Such permits shall be valid for a period of six(6)months from date of issue. B. Applications for permits shall be made in writing upon printed blanks or forms furnished by the Council and Qhal1 be signed by the applicant. C. Each application for a permit shall have thereon the correct legal description of the property on which the proposed installation, alteration, repair, or extension is to take place, and each application for a permit shall be accompanied by a plot plan of the land showing the location of any proposed or existing buildings located on the property with respect to the boundary lines of the property and complete plans of the proposed system with substantiating date, if necessary, attesting to the compliance with the minimum standards of this Ordinance. A complete plan shall include the location, size, and design of all pans of the system to be installed, altered, repaired, or extended, The application shall also show the present or proposed location of water supply facilities and water supply piping,and the name of the person, firm, or corporation who is to install the system, and shall provide such further information as may.be required by the Council. 345.05 Construction Requirements. Every individual sewage disposal system installed after the effective date of this Ordinance and every alteration, extension,and repair to any system made after that el° 2 ..•a. . i ..., •—N !l . • date shall conform to the standards of the code adopted by reference in 305.02. Any individual sewage disposal system or pertinent part thereof, irrespective of the • sP date of original installation,which is not located, constructed,or installed in accordance with items 1 b and 1 c of the code shall be so relocated,reconstructed,or reinstalled as to comply with the standards of those items. 305.06 Administration, The City Building Official shall enforce the provisions of this Ordinance. 305.07 Inspection. The City Building Official shall make such inspection or inspections as are necessary to determine compliance with this Ordinance. No part ofthe system shall be covered until it has been inspected and accepted by the Building Official. It shall be the responsibility of the applicant for the permit to notify the Building Official that the job is ready for inspection or re-inspection and it shall be the duty of the Building Official to make the indicated inspection within forty-eight (48)hours after such notice has been given. It shall be the duty of the owner or occupant of the property to give the Building Official free access to the property,at reasonable times,for the purpose of making such inspections. Upon satisfactory completion and final inspection of the system,the Building Official shall issue to the applicant a certificate of approval. If,upon inspection,the Building Official discovers that any part of the system is not constructed in accordance with the minimum standards provided in this 0 Ordinance,he chat(glYe the applicant written notification describing the defects. The applicant shall pay an additional fee,as established by Council resolution from time to time,for each re-inspection that is necessary. The applicant shall be responsible for the correction or elimination of all defects, and no system shall be placed or replaced in service until all defects have been corrected or eliminated. 305.08 Maintenance. A. At least once a year the owner of any septic tank,or his agent,shall measure or arrange for measurement of the depth of sludge and scum in such septic tank. When,as a result of such measurement, the top of the sludge layer in the tank or any compartment of the tank is found to be less than twelve(12) inches below the bottom of the outlet baffle or submerged pipe, or if the bottom of the scum layer is less than three(3)inches above the bottom of the septic tank outlet baffle or submerged pipe,the owner or agent shall arrange for the removal and sanitary disposal of sludge and scum from the tank; provided that such requirement for measuring shall be waived for any septic tank which is cleaned as indicated at least once each calendar year. At least once each year the owner of any system equipped with a distribution box shall arrange for the opening of the distribution box and the removal of any settled solids therein. Such material shall be disposed of to the septic tank or by other means acceptable to the Council. 0 3 .,ivi 11 • B. At least once,between May 1 and in each seepage t �� be mewed of each year,the depth of liquid pit en, as a result of such measurement,it is found that the liquid level in the pit is less than one (1) foot below the inlet,a second measurement shall be made eight(8)to twelve (12)hours after the first measurement,during which time no liquid shall be discharged to the seepage pit. g f,as a result of the second measurement,it is found that the liquid level in the pit has not lowered at least two (2) feet during the indicated period of time, an additional seepage pit or other acceptable soil absorption system shall be provided. 305.09 Objectives.The objectives of this Ordinance are to provide adequate and safe methods of sewage disposal and to prevent the contamination of any existing or future water supply b any existing or future sewage disposal system. Any system of special, or new design which will satisfy the stated objectives,may be accepted as complying with this ordinance and any permit granted for the construction, installation, alteration or repair of any such special system shall be subject to such conditions and guarantees as may be stated in the permit. 305.10 Penalties. Any person,firm, or corporation violating any of the provisions of this Ordinance • Shall be guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed Seven Hundred Dollars ($700.00) or imprisoned.for not to exceed ninety (90) days, or both. Each day that any violation is continued shall constitute a separate offense. 305.11 Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication as provided by law. CITY OF OAK PARK HEIGHTS Attest: Mayor City Administrator • 4 111F1111111111111111111, lit REPORT • ON MUNICIPAL SERVICES li TO THE ANNEXATION AREA EXTENDED OAK PARK HEIGHTS, MINNESOTA IIAUGUST, 1989 I I FRANK SOMMERFELDT MAYOR AYOR L MEMBER DOER TIBER I JACK R. COUNCIL ME IDEAN KERN COUNCIL MEMBER BARBARA O'NEAL • COUNCIL MEMBER RICHARD SEGGELKE LAVONNE WILSON II ADMINISTRATOR-TREASURER ATTORNEY LYLE ECKBERG PUBLIC WORKS SUPERINTENDENT IROGER G. BENSON I I I ROSENE, ANDERLIK & ASSOCIATES, INC. BONESTR00, ENGINEERS/ARCHITECTS ST. PAUL, MINNESOTA I 0 I h P.E. Philip J.Casv�i.r•`• P.E. Michael C.Lynch, Mark D.Wallis.P.E. Keith A.Goroon• James R.Maland,PE. Thomas R.Anderson,A.I.A. Otto G.C.An roa P.E. Buster,PE. P.Anderson.P.E. r P.E. Rchard W PE Kenneth Gary F. aSWele Robert W,�sene,P.E. Donald C.Burgardt Keith A.Bachmann,P.E. Charles A.Erickson RE.A.Bourdon,RE. BOI•leSt roo Joseph cha d A.Lembe�P'E' Maur A,Hanson.P.E. ben.oRussek,�APE an M Olson C.P.A. t Richard E.Turner,P.E. Ted K.Field,FE• Susan M.Ebls Leo M. R nder1 Olson.RE Michael T.Rautrle. P.E. Thomas E.Angus,� James C. Howard A.Sanford,P.E. 11' p Glenn R.Cook,P.E. ��R.P�rle.RE. on,P.E. 4 Associates Ql Thomas rt G xh is FE. David homas W.Peterson.P.E. MarklA.Sei,RR•E. Associates Marvin L.Sorvala.P.E. I • Engineers & Architects li August 7, 1989 City Honorable o or and City Council a spark heights City P.O. o_ 57th Street North II Box 2007 Minnesota 55082 Minn Stillwater, exation Area Extended Services to the Ann Re: Municipal Our File No. 5588 Annexation Area . Mayor and Council: to the report is II al Services this to the Dear May on Municipal resented in is our Report The information p services 1 herewith HeigZits, of municipal additional area Submitted to Oak Park the extension as well as the and the Extended a basis for Heights, Highway 5• provide Oak Park 36, State intended by p annexed by State Highway area recently Oakgreen Avenue, bounded by Oakg 5 and 6• sanitary sewer, boundary of Section include streets, sizing is I • southern the report routing and covered in sewer. General II Municipal services and storB► distribution system, for your water the utilities. rates are presented�report with presented for assessment ites are of this and corresponding bha the findings e. estimates to discuss convenient time. Cost est�.m We would be happy mutually and any other interested parties at y consideration.li you • Respectfully submitted, INC. II RO SENE, A DERLIR & ASSOCIATES, BONESTR00+ P.E. was prepared by me li T• Edgerton, that this Report am a duly Daniel I certify that I DJE:kf hereby sion under the laws of II II or under my direct supervision • and the li Professional Engineer Registered esota. State of Minn yr--0. .P.E. Jo�••eph C• Anderlik, 1989 Reg • No• 5971 Date: Au ust I OPH5588R I . 612-636 4 I - 600 2335 West Highway 36 • St. Paul, Minnesota 55113 • '* • Y 1 I . TABLE OF CONTENTS PAG 1 2. LETTER OF Tg�SMITTAL 3. II TABLE OF CONTENTS . INTRODUCTION 5. FIGURE 1 - LOCATION PLAN 7. STREETS LAND USE AND COLLECTOR- AD USE & STREETS 8. FIGURE 8 li SANITARY SEWER FACILITIES FLOWS 7 . TABLE 1 - AVERAGE SEWER 10. g ,OWS BY SUBAREA 11. II Ill TABLE 2 - SEVER BEACH 13. - SEWER FLOWS BY TABLE 3 - TRUNK SANITARY SEWER 14. FIGURE 3 15. SUPPLY AND DISTRIBUTION FACILITIES 18. WATER - WATER DEMANDS TABLE 4 S BY SUBAREA 19. li TABLE 5 - WATER DEMAND - TRUNK WATER MAIN 20. FIGURE 4 22. I . STORM SEWER FACILITIES SUBAREA 2 . TABLE 6 - HYDROLOGIC DATA BY 24. li TABLE 7 - POND DATA - TRUNK STORM SEVER 2 . FIGURE 5 25. ECONOMIC ANALYSIS 2 . IICOST ESTIMATES 26. TABLE 8 - COST SUMMARY li 26. ASSESSMENTS 27. TABLE 9 - ASSESSABLE AREAS 29. II TABLE 10. _ ASSESSMENTS RY AND RECOMMENDATIONS SUMMA II - 2 - • OPH5588R I INTRODUCTION �.I . ion Area Extended in li of the Annexation service needs to provide report addresses the report is. intended This Minnesota. The Me1ghts. e area• ices to the par of Oak Park guide for providing municipal services Area Extended" is Heights with a g The "Annexation Oak Park is Figure 1• north by shown on the li is Avenue+ A location plan pakgreen bounded on the east by the south by the li area Highway 5. and on defined as the by State Hig reen Highway 36, the west It includes the area west of Oakg on hwaq I State 5 and 6• boundary of Sections southern b°un assumption recently annexed. of the study area under the li Avenue which was Beds I( report covers the service n as follows: The The report is organized I in the area• IL of full development use plan for the A projected land layout of collector Streets: with a proposed lay Use and Collector along 1, Land is presented, area study area of the study streets. requirements sewers and lift II III The sewage trunk sanitary Sewer Facilind a layout of 2, Sanitar ated, and of the are investig demands and resented. The water storage,stations is P Facilities: of water sr de li 1 and Distribution and a system 3, Water Su estimated, a study area are analyzed, and distribution is presented. runoff is The stormwater Sewer Facilities: and ponds is presented. proposed 11 4, Storm sewers prepared, and P System of storm estimates are P Cost estim Anal sis: are presented. are 5. Economic to meet the costs recommendations A Summary and recomm assessments 6, Summar and Recommendations: presented. II 3 I0 OPH5588R li , iti '4. )4t PARK OAK m Twin cities Moroo ft.n Ar.. w ite �7 , -t .. HEIGHTS 11 o . a$ILi 'I\ i c - i,:._. ,* ,..,_4.� I j ismirireilft.4.-mi -ii",, Taive .,_..• 40, - ) la 1 '. va --- - Al11%---NmArkwailitir*1 -71-"ImUtb* it=ftijattiti6.1%100120-rw=v; -•) 1 I, 711-ip*ogies4brotemtlitss-vb • Ile • --esimmetti ,;..,..__, . 11 Palk trirl 111 111W. .�y� ! ,1 eks\1 0-. J.,,r . ...L. ,-, , ,,_, pii?1 w_ I, 4"iiIIMEt41,011__=_. f vp_lawioillipplitelmmittalOOM -, i gio 1 -- ,.:0,. *t4ii .eillik t . 116,-s‘ •itiaEng IN AlUll 13 • Attilialtirc-fraW4inessorall■ ' 11_111b. lk, 10uNG g1kR1U +\ , V ....1 ty, .WL �'-.'GSM,'' �. [ER ynrwuRC•t vile J , • (164' LMS� uur it;V&1R '.. , I ., ill ti-\,....____ 1989 ...,..... ,........._ ,...... , _____..... ... ........ A _ _ _ _ LOCATION PLAN. �nestroo F�9. No. l � ii k &odates Ass a Arddiscis IT t 11 " LAND US ND COLLECTOR STRES land use has prepared a conceptual Inc. in `' � Associated Consultants, land uses shown Northwest Figure 2. The study area. This is sho City' s recent li 11 plan for the of those uses designated in the are a continuation 2 annexation area. II Figure ar II Oakgreen along Plan Amendment for the commercial area Comprehensive strip of land use plan consists of a area immediately to The proposed residential of high density buffer with another strip acts as a Highway 36, area high density residential comprises li strip of which comp south. This residential area, the and low density low li commercial area in the between the Two parks are also included the remainder of the study area. area. The residential total of app roximately 944 acres. A . Te study area consists of a breakdown of the various land uSe areas is as follows: ID Lan Acrea e d�Use 700 Low Density Residential 94 High Density Residential 94 I Commercial Park Land 32 2 IIWetlands/Ponds 944 TOTAL exist li ds, marginal soils, and steep terrain of wetlands, the study Significant areas development area. Because of this, the actual in within the study above, which represent max�►�Q, li area will probably be less than the estim ates I _ 5 I • 0PH5588R I li . II - 0 However, the estimates provide a for the area. went potential of utility planning• develop the purposes t They have a one- half yet reasonable basis for in Figure 2• consery are also shown li collector streets plan. The collector Proposed use p II and are based on the proposed land actual half mile spacing and should be adjusted as li street network is very preliminary lidevelopment occurs in the study area. It I I ill I I, li I II 1 - 6 II . OPH5588R 11 t 410 . . LAND USE & STREETS Y i C LEGEND �� W `0 Tr:`� Z COLLECTOR STREET W i�(/ ,..: • •• • LOW DENSITY RESIDENTIAL ▪ . Q fi W HIGH DENSITY RESIDENTIAL ir ▪ •.-s•.• 0 ••••• COMMERCIAL Y •: ? .: = Q PARK . • • + :NO-• A' i • r` I::: ; . - . .% 1 ; di • - ..<,- •:1 s.i �i/t e- ----- *, r ; ; ', .t NORTH . . -. ;_, =_ ` SCALE IN FEET • -,- —, enyln•.r1 A Architect* n Son•stroo CI Roe en• ttt� Anderllk & • : 10 Aisoclitee v.rs.t IJlnn...,. COMP Date: AUGUST, 1989 Fig No. 2 comm. 5588 ,\ li E SANITARY SE�1R F ACILITIES study area is shown in lisanitary sewer system for the collector The proposed t�� sewer layout based on the II a sanitary proposed sewer 3• It consists of stations. The Figure as two lift Figure 2, as well Highway 36 and Oakgreen streets shown in Fig at Hig will tie in to the existing North Interceptor wil the II Avenue. study area was determined based on each land use ii The total sewage flow from the s of unit flow rates from areas and estimate, the Metropolitan proposed land use values for were based on typical flow from the study area is li type, The unit flow rates Area. The computation of the average sewer presented in Table 1. I • A�RAGE SEWER FLOWS TABLE Avg. Day Avg. Day Density Density . Da Avg. Day MGD units/ (Persons/ d ac. I Area ( Unit Person 0,134 acres acres 70.0 233,0 Lane 1.0 3.2 0.099 li 576.2 70.0 1050.0 I, Density Residential 7.5 2 0 -- 0.141 Low D 94.0 1500.0 High Density Residential -- -- 0.000 94.0 Commercial -- -- 0.374 51.5 Parks, Public Use 815.7 Total I $ - 8 - I • OPH5588R li 0111111111111111.11111111111111111111.11.1.1.1.........°m"- • can be seen in Table 1, the.total average sewer flow from the study As Based on the December 3980 allons per day (MGD) . area is 0.374 million g excess capacity Comprehensive Sewer Policy Plan, the North Interceptor has an Comp there is available to serve the study area. Therefore, of 0.480 MGD area. li •t in the interceptor to handle the flows from the study . sufficient capacity It is based The proposed sanitary sewer layout is shown in Figure 3. land use the proposed and collector street plan. In order to determine the sewer ewer pipe sizes, sewer flows at various locations along II. required sewer was divided into 14 reaches this purpose, the sewer estimated. For then divided were The study area was between Point 1 and Point 13 (see Figure 3) . II into 11 subareas (A through K) draining to the reaches. Land use areas and unit flow rates were used to compute average sewer li in each of the 11 subareas. These are shown in Table 2. The resulting flows i Peak flow flows in each reach of the sewer are shown in Table 3. . average f upon which the factors were used to convert average flows to maximum flows, P pipe sizes were based. The peak flow factors and maximum flows in each reach of sewer are presented in Table 3. I I I I 1 - 9 - 11 . OPg5588R li II" BY SUBAttEA TABS SEWER FLOWS te Parks. Avg•DaY Total Flow MGD tial Commercial Pub' Use acres Residers Sigh acres 0,057 Low acres 46.0` acres 0.0 0.027 acres 20.0 117.8 Subs 26.0 4.0 0.072 0.0 0.0 58.1 0.0 4.0 0.009 113.8 21.4 32.7 2.5 39.1 0.0 0.017 C 0.0 0.0 75.2 36.6 3.0 0.017 • D 0.0 0.0 6.2 80.4 0,072 72.2 72. 0.0 p.0 0.0 53.3 0.057 74.2 18.6 34.7 0.0 108.8 0,011 G 0.0 28.0 6.6 3.0 49.6 0.023 74.2 0.0 114.8 46.6 0'0 0.0 14.8 72.6 0.014 I 100.0 0.0 14.0 0,029 J 0.0 0.0 4.0 12__�- 58.6 0.403 58• 0.0 0.0 943.5 55.5 0.374 I/ Not Served 12.115_. 9 94.0 51.5 815.7 700.0 51• Totals 94.0 94.0 iS Total Served 576.2 I I I I _ l0 - I. . .OPfl5588R I SEWER FLOWS BY REACH TSB-L^E` t Total Total Subarea Contrib Average Peaking Max Flow or Pipe uFlo Flow Flow (MGD) Pipe Conuting (MGD)_ (MOD) Factor ---(MGD) Reach_ 0'057 0.084 4.00 0.335 1-2 $ 0,027 0.084 2-L.S.#1 1-2 0.072 p.164 3.95 0.647 D 0.009 0,067 0.017 0.017 4.00 E 3-4 0.017 4.00 0.136 4-L.S.#1 3-4 0.017 0.034 0.286 4.00 G 5-L.S.#1 0.072 0.072 S.#1 0,164 0.997 L,S.#1_6 2-L• 0.034 3.70 4_L.S.#1 270 S.#1 0.072 0. 0,997 5-L• 3.70 I/ 0.270 0.270 0.270 3.60 1.174 _ 6-7 0.057 0.326 7 12 4.00 0.043 I 8-9 0.011 0.011 0.137 8_9 0.011 4.00 0.023 0.034 9-L.S.#2 J 0.055 4.00 S. 10-L• #2 0.014 0.014 L.S,#2-11 g_L.S•#2 0.034 0.191 0.048 4.00 0,014 10-L.S•#2 4.00 0.191 11-12 L.S.# 2-11 0.048 0.048 0 .04 0,374 3.60 1.346 7-12 0. 26 12-13 21_12 - 11 11 110 OPH5588R was used to size the sewer assuming full pipe flow with Manning' s n The Manning equation along a 3 were used, h in Table The The maximum flows shown topography in the area• pipes. on the existing slopes based of 0.013 and pipe 1 ure 3• shown in Figure were sizes are two lift stations resulting design pipe study area, the Interceptor the topography. of to the North Because of the sewer flows required to convey of the Oakgreen determined to be e detern► to be located at the western edge it will serve the western Lift Station #1 is proposed acity of 1.0 MGD, vexation area. With a design cap of the' study area. corner of portion the southeastern and southwestern p located in is proposed to be serve the Lift loca Station #2 capacity of 0.2 MGD and will the study area. It has a design p of the study areS' area will portion corner of the study southeastern P the southwestern 128 acres in system. This is a low-lying approximately sewer y proposed sanitary which served under the p P One alternative not be to the system• cavity is to provide will not drain by g system area which served by the proposed sewer y to be sere proposed or allow this area alternative is not prop would This altern in this area. for the City' s a third lift station but is mentioned this report, the further in to the system, investigated were added 128 acres which is Note that if the to 0.403 MGD, consideration. the study area would increase average sewer flow from still less than the available 0.480 MGD capacity. 1 - 12 - if) Opg5588R TRUNK SANITARY SEWER ; • • iII N I j O O • 4. LEGEND `: W z 100'-12" • , r 1/47 'l Z -----)-- TRUNK SANITARY SEWER • 4...! - , 7 .a► FORCEMAIN • Q „' Z POINT DESIGNATION • W • - ® r�.�' SUBAREA BOUNDARY aC 0 , .: _. ! , O SUBAREA DESIGNATION : 10 ,/,:......_:--•--_j_-.=,; /la - ,i- a LIFT STATION• . . i ' 4 • - : ." i C) :0 t hy s , :c, :• .. i i~� .4,•e "4.-4: 1- ': - • NORTH • _t r .a - .. .: 800 1800• ♦,7..ter j '.t`t: . `; ,--;:.. =,- -L .: O. SCALE IN FEET enllnllifil I Archlt•Ctil SOM••I roo cr AOs•n• 0 And•rlik al �I^Mpl� • t� Associates 3,.r•�� COMP} Date: AUGUST, 1989 Fig. No. 3 Comm. 5588 L WATER SUPPLY AND DISTRIBUTION FACILITIES 11 110 water system for the study area is shown in Figure 4. It The proposed m well, and a an 850 gP consists of a 12-inch loop with one cross-connection, ,s existing c will tie in to the City tower. The system gallon water in Figure 4. 550,000 g as shown both on Oakgreen Avenue, water system at two locations, the water demands The design of the water system facilities depends upon maximum daily demand is normally used to design the system. The m estimated placed upon area was daily demand for the study _ the facilities. The maximum y applied to each proposed land use plan. Unit demand rates were app on the P daily demand. The based a maximum average and compute both an daily demand land use area to comp resented in Table 4. The maximum computation of the demands is P to be comp development was estimated in the study area under conditions of ultimate develop 41, 1.32 MGD, or 916 gpm. I/ 1 1 1 1 - 14 - IOPH5588R rasp.,i+ vG .t 0 0 C bD Onl+1 t4 c%1 1 B 6 \ bp 1ANOO � � N1NN0 b a U) CpNO r4 1-1 r4 bp, o+ O o bDU � � O Abpvcd Nr4rl al p, p i o 0 i CO 1 1 �rl Lii .rl R1 W N 0 N 11' r AN a • �I 1�+ ri 1� Q v Ow i. 0 o 0 tn. N 11 d Odd u) M C u orno+ �n rn U N r v � r4 td al •r1 _-4 +4 b � •rl tll N P4 a N O g a Cl) a• giA of m A � 1a0I ° • .-1 •4• 0 .`-+ U P+ � W ..1 1 P:1 � H � • r Based upon discussions with the City staff, the existing maximum daily d in the City was estimated to be 1.0 MGD, or 700 gpm. The ultimate deman was estimated by the City, excluding the study area, maximum daily demand in y ections he available developable area in the City and making p ro J de termining the lied to these of probable future land usage. Unit demand rates were then app land uses to calculate the additional maximum daily demand expected. The ultimate maximum daily demand in the City, excluding the study area, was ul the estimated to be 1.21 MGD, or 840 gpm. The total maximum daily demand in City and the study area, under ultimate development conditions, is 2.53 MGD, or 1756 gpm. This provides the supplied by two 850 gpm wells. The City is currently supP In order to City with 850 gpm of dependable capacity, with one backup well. meet the supply needs of the City and the study area under ultimate m development conditions, it is estimated that an additional well of 8 gpm de p uired. This will provide. the City . with 1700 gpm of . capacity will be req rdependable capacity, with one backup well. requirements for the City are based on the available supply, the Storage req and ' maximum daily demand, which represents normal water usage in the area, flow requirements, which represent high short-term water demands above fire uirement of and beyond the normal water usage. For the City, a fire flow req I2000 gpm for a period of two hours was incorporated into the estimate of the I/ storage requirements. 1 - 16 - I � OPg5588R 1 for required based on total storage This is The estimated the City under ultimate 410 tota 800,000 gallons. estimated to be maximum daily conditions was ultimate development 1700 gpm, the dependable capacity of the ultimate deP of 2000 gpm for two hours. 2 , and a fire flow with an estimated demand of 1756 gpm, 50000 . gallon water tower, has an existing an additional The City it is estimated that of 1080. Therefore, the needs of high water level (�� adequate to meet big at HIM 1080 will be water tower The location 550,000 gallon went conditions• area under ultimate develop the City and study Figure 4• tower is shown in Input of the proposed water n the water distribution system. p was used to design as well computer model roughneSSes, A lengths+ sizes, and l then computed pipe flows and water for the computer model included pipe as point demands and elevations. The model bout the system• area was approximated pressures throughout study of water demands across the The study area The distribution the system. demand points on from demands at discrete water demand by placing a wiring a certain subareas, each r q Land use areas and unit demand rates were was divided into demand demand point. points and corresponding subarea. The demand P its demand the demands in each Table 5• to compute demands are summarized in used The subarea are shown in Figure 4. Figure 4. It was found subareas system is shown in Fig The proposed water distribution y cross-connection will be capable trunk water main loop with one cross- that a 12-inch table pressures. of delivering the maximum daily demand at accep 1 - 17 OP115588R i>'' I ' II- ._ TABUS • WATER DEMANDS BY SUBAREA li _ ----- --- ---------- _ Max Day Parks, TOTAL Demand ResidentiY'al Commercial Pub. Use (gpm) Low HiB (acres) (acres) _--_- II ------ (acres) (acres) (acres) ------- ------- 44.1 1.6 0.0 258.0 14.4 4.0 198.2 101 19.0 44.2 g.7 221.5 288.4 II 102 115.0 35.0 48.2 162.3 44.6 9.0 232.0 126.8 103 119.0 0.0 0.0 193.9 104 17 .0 0.0 19.9 62.9 36.4 106 174.0 0.0 0.Q 12.9 _--2.9 ---6.4 106 50.0 55.5 943.5 916.0 ------ ------ ------ ------ ------ ------ --- 94.0 94.0 IITOTALS 700.0 I 1 I 1 t li I - 18 - 11 0 0PH5588R 11 • i[ • . - TRUNK WATER MAIN \. 4110, t 0 • LE- GENP W i00'-12' D TRUNK WATER MAIN W•��!/i ,. - > • 02 POINT DESIGNATION Z - r W 0 WATER TOWER I - = . t . ., . _ r t --—— i.1 III `.y��1� �3 .;t --t----,(' yf Vt1�•. 7/""{r�■ -. ' : - ""5'3,� NORTH �• • A• .: .::: - • . •- 1--...•. ,'� : :r I t:r'_. : I ,. l Soo �J_ ;..:�:-,.'.er' - - -z:..:- - SCALE IN FEET emoima•►• • A►chil.cto fil Bon eatroo CI Flea•n• CII And•rIlk &Vil Associates St.?slot ul^^•'°'• • COMF pate: AUGUST, 1989 Flg. No. 4 Comm. 5 588 I I- ISTORM SEWER FACILITIES storm sewer system for the study area is shown in The proposed trunk convey Figure 5. It consists of storm sewer pipes which will collect and II onds. stormwater runoff to a series of detention P The northern portion of the The study area is made up of varied terrain. area drains northward, through culverts under State Highway 36 into II Stillwater. The southwestern portion of the area drains southward into Cloverdale Lakes. The southeastern portion of the area drains 11 McDonald and Clove hts.The 'nto a landlocked wetland area south of Oak Park Heig southeasterly 1 soils in the area are generally well-drained. Storm facilities depend on the volume and rate of stormwater runoff II sewer facili on the rate in turn, depends under design conditions. The stormwater runoff, in type, land use, and size and e of precipitation, topography, soil y . and volume the 24-hour, 5-year both I e area. For design purposes, shape of the drainage ear storm (5.90 inches) were used. II storm (3.55 inches) and the 24-hour, 100-y ion Service (SCS) Type 2 rainfall distribution was used. II The Soil Conservation stud computer model was used to compute the stormwater runoff in the study A comp area was divided into a number of subareas, as shown in area. The study number, and the II i Figure 5. For each subarea, the drainage area, the SCS curve F g time of concentration were determined• use and soil type and is a measure of The curve number is based on land the IIhow much precipitation is converted to stormwater runoff. The higher II _ 20 - OPH5588R I curve number, the greater the amount of runoff. The time of concentration topography in the area depends on the size, shape, type of land surface, and p The lower the used to estimate the timing of the stormwater runoff. and is eak of the runoff will be. time of concentration, the earlier and higher the p A summary of the subareas, curve numbers, times of concentration, and peak rates of runoff is presented in Table 6. ' P designed to carry precipitation amounts, area were desig The trunk storm sewer pipes in the study Excess runoff ' runoff from the 5-year storm with no surcharging of the pipes. run in of the pipes or as above the 5-year storm will be carried through surcharging used to size the ' abo was equation for full pipes overland flow. The Manning q in the area. A ' pipes. Pipe slopes were based. upon existing topography Manning' s n of 0.013 was used for the analysis. The resulting pipe sizes are shown in Figure 5. will be used to detain the stormwater runoff and reduce Detention ponds pipe sizes w rates. This reduces the required storm sewer p'P the peak flo pipes were of the ponds. The detention ponds and their outlet pip rdownstream o used to for the 100-year storm runoff. The computer model was designed f onds, Design high mute the high water levels and peak outflows in the ponds. compute levels and pond volumes are summarized in Table 7. 1 1 - 21 - I • 0PH5588R 1 I. I 14 O OD t on 'n un un 4t 03 r4 e-I Ch UD pi to N g OD N t O� O r A OT N r4 M CC4 r C4 el OD VO VD r4 r4 r4 1-4 r4 r4 Cq c4 C) U O ri 44 W O 5. 111 P NOhODtOCh 00OCh03 4* r4 � . 0r MNo t <<1 M M O+w ttV) 0DtO V, mr I U M I W P+ 6 0 0 0 0 0 0 rn 000 � � � � � a°, � rnrnO; °; °; °: °: � �CT CT 01 O C 4 in in to in in 0 0n in 0n �n 0n in in �n M M M • .,1 o▪ as III "6 A 4 � NM � uI � � M Lin v) un un H .a � � un un Mn M M t�1 In un u' un u' V1 ►Cl � � M M•LI O (1) M •tr1 c+1 M cn t+1 M M M M M M I ra iY+ O W'' t 0% CO r M LA M r r %O iD ■O t iD %D 0% N M CO ' • N U 0 r4 r4 E U 3+ 8 up pOnrrruO 0z III b ri I 0 al W lo CT OD t0 O r) M C) r-1 r♦ M up M t t 00 up r4 in N M 4-4 OD M M V) t .r1 d A af rlr4C4OppgO r4 04 C4 01 ri III H r4 N N N 01 el 01' 0 in in VD Or OD co o0 0n CD r4 C4 OS r4 l Cl) III M W a 6 • I TAB LE 7 POOND--- DATA Pond High Water Volume Level 1.4..q=fti Pond ——- 69 1 908.0 27 2 923.0 59 3 900.0 4 938.5 10 35. 5 909.0 16 6 909.0 2 935.0 7 44 8 24.0 8 11 9 931.5 12 10 932.0 2 11 923.0 4 12 933.0 11 1 1 23 - 1 • 0PH5588R 1 TRUNK. 0 . STORM SEWER r r . •) t • • 101 . LEGEND - irt w .4 D ,_.- SUBAREA BOUNDARY s ' > 101 SUBAREA DESIGNATION ,tom • ! Q • of■V . Z • � - 202 �; W POND . C7 O POND DESIGNATION .....;_.'_'..2. .:.. ,• •i • . _ O • 100' 36. TRUNK STORM SEWER . • • J tf i. 201 1• l fiJ f `..Y.` -I • L.,- - 101 .._:;; oo; NORTH• ' - ^- ''a 800 1600 ` 0 • _ .�. .J./..„' J,N.. 1 N FEET -- SCALE J Enpin.�r� aroMt.cl� -� '�t 80111rttf00 • C �/ Resort* 0 Ar4erItk 8 • o�c Associates at.„„i wi„.wt. IA 2: AUGUST) 19” COM Fig. No. 5 Com m. 5 5 8 8 i I ECONOMIC ANALYSIS Cost Estimates Costs for the proposed utility improvements have been prepared and are presented in Table 8. The general locations of the facilities, as shown in IFigures 3 through 5, served as the basis for the cost estimates. 1 TABLE 8 COST SUMMARY Sanitary Sewer_ - 6 in. DIP @ $30 /L.F. $105,000 3,500 L.F. 679,000 19,400 L.F. - 8 in. PVC @ $35 /t.F• 679,000 500 L.F. - 10 in. DIP @ $40 /L.F. 193,500 4,300 L.F. - 12 in. PVC @ $45 /L.F. 55,000 1.0 MGD Lift Station @ $55,000 45,000 0.2 MGD Lift Station @ $40,000 $1,0- SUBTOTAL - Sanitary Sewer Water Distribution System: L.F. 776,250 17,250 L.F. - 12 in. DIP 000$45 350,000 One 850 gpm Well @ $ 687 00 550,000 gal. Water Tower @ $687,500 $1,813,750 ISUBTOTAL - Water Distribution System Storm Sewer: • ' 153,000 3,400 L.F. - 12 in. RCP @ $45 /L.F. 2,200 L.F. - 18. in. RCP @ $50 /L.F. 110,O00 3,950 L.F. - 24 in. RCP @ $55 /L.F. 39,000 600 L.F. - 27 in. RCP @ $65 /L.F. 217,250 2,900 L.F. - 30 in. RCP @ $70 /L.F. 203,000 L.F. 2 3,000 L.F. - 33 in. RCP @ $75 /L.F. ' 1,500 L.F. - 36 in. RCP @ $85 /L.F. 20303,000 127,500 4,050 L.F. - 48 in. RCP @ $95 /L.F. 384,750 ' Pond Excavation: 30,000 C.Y. @ $4 /C.Y. 120 000 ' SUBTOTAL - Storm Sewer $1,5 TOTAL COST $4,485,750 - 25 - OPH5588R 1 I • Ibased on 1989 construction costs and can be related to an costs are the The 4,670. Future changes in ENR Index of Construction Costs of approximately 11 ENR fairly accurately cost changes in the proposed index are expected to reflect design, facilities. The costs include a 252 allowance for contingencies, f construction. administration, inspection, and capitalized interest during Assessments for the costs of the utility Assessments have been prepared to pay assessments are in the form of area and connection charges, improvements. The a gross acres net assessable acres. The net assessable acres are the g based on n as high density residential, and commercial area, of low density residential, hig on Land Use and Collector Streets, net of detention shown in the section the work done by ponding area. The residential connections are based on Consultants, Inc. The commercial connections are based Northwest Associated number Ion an estimated 4 connections per acre. The net assessable acres and of connections are shown in Table 9. 1 TABLE 9 ASSESSABLE ACAS Residential _ Comm• TOTAL Low s. gi h Dens. 665 I 70 70 525 11 101 Gross Acres 79 11 59 01 ponds 446 59 1,669 Net Acres 705 236 # Connections 728 L - 26 - OPg5588R II i ♦ The assessment ates are presented in Table 10. , For sanitary sewer, 75% 1. r X of the total cost was of the total cost was put on the area charges and 25 ion charges. For the water system, 60% of the total cost put on the connect ut on was ut on the as the area charges and 40% of the total cost was p P es for commercial areas are connection charges. Note that the connection charg on a per-acre basis, assuming 4 connections per acre. ' TABLE 10 SESSMENTS TAB AS ' Area Connection Charge Charge acre corn. Sanitary Sewer: $1,453 $164 Low Density Residential 164 High Density Residential 1,453 1,453 154 1/ Commercial ' Water Service: $435 Residential $1,930 . Low Density 435 ' Residential 1,930 High Density 1�73g 1/ 1,930 Commercial Storm Sewer: Low Density Residential $2,406 High Density Residential 3,937 4,648 Commercial Note: 1/ $ per acre. 1 i 0 27 - 1111/ OPH5588R IIarea charges. The area For storm sewer, 1002 of the cost was put on the and uses were based on estimates of the portion 11411/ for each of the three land numbers charges on the curve of stormwater runoff contributed by each. Based I presented in acre of high density residential land was estimated Table 6, each a and each acre lent to 1.64 acres of low density residential land, to be equiva 1.93acres of low density of commercial land was estimated to be equivalent to adjusted for lateral benefit. It is residential land. have not been J of ' The assessments from the construction ated that some lateral benefit would result anticipated sewer facilities. the trunk sanitary sewer, water main, and storm 1 1 1 1 1 1 1 _ 28 _ Opg5588R I . g�ARY AND RECOMMENDATION report addresses the service needs of the Annexation Area Extended in I • This repo services City of Oak Park Heights, Minnesota. Specifically, the following the C1 y were examined: I Streets 1. Str 2. Sanitary Sewer 3. Water Service 4. Storm Sewer ' Associated Consultants, Inc. developed a conceptual land use Northwest in • ' plan and collector street layout for the study. This layout is shown . Figure 2. It is very preliminary in nature and should be adjusted as actual ' development occurs in the study area. in Figure 3. It was The proposed trunk sanitary sewer system is shown sewage from determined that two lift stations would be required to convey the sewag ' the study area into the North Interceptor. The estimated cost of the sanitary sewer facilities is $1,092,500. Assessments to pay for the facilities were estimated to be: f Area charge: $1,453 per acre Connection charge: $164 per connection - Residential . $655 per acre - Commercial • '. - 29 - OPH5588R • 0 4. ro osed trunk water system for the study area is shown in Figure Frii.--------------- . The p P an 850 consists of a 12-inch loop of water main with one cross-connection, an 50 It gP m well, and a 550,000 gallon water tower. The well and water tower sized to meet the needs of both the study area and the remainder of the City Iunder conditions of ultimate development. The estimated cost of the water o 813,750. Assessments to pay for the facilities were estimated system is $1. be: IArea charge: $1,930 per acre IIConnection charge: $435 per. connection - Residential $1,739 per acre - Commercial ' in e proposed trunk storm sewer system for the study area is shown Th P P it consists of storm sewer pipes which will collect and convey Figur e 5. onds. The estimated cost stormwater runoff to and from a series of detention P Assessments to pay for the of the storm sewer facilities is $1,579,500. Ifacilities were estimated to be: ' e: $2,406 per acre - Low Density Residential Area charg $3,937 per acre - High Density Residential $4,648 per acre - Commercial I I IWO - 30 - OPg5588R