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HomeMy WebLinkAbout14000360281000_Conditional Use Permits_01-13-1999Conditional Use Permits Barcode 128 8a931.4 Office nf Gount' Recorder Coimty of Otter Tail ( hereby certify that the within Instrument was filed /S day offorin this office onmraaord iJiln A.D 19 ami v«6 duly Microfilmed as Qon # — . 0 ^nty Recorder nH3i.4 .Deputy THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL COURTHOUSE, FERGUS FALLS. MN 56537 (218) 739 -2271 *** «« Application Fee ' Receipt Number COMPLETE THIS APPLICATION IN BLACK INK* « « DAYTIME PHONEfcy •SS3^4PROPERTY OWNERS, ADDRESS LAKE NUMBER-i^~^VV LAKE CLASS TOWNSHIP NAME LAKE NAME RANGETOWNSHIPSECTIONb-/iVMFIRE NUMBER OR LAKE I.D. NUMBER /‘^GOO /<^OOC> OOO & (ffi • • • LEGAL DESCRIPTION fy: GL (p J-j Su> te^Xf /9C (bi^\ - EXPLAIN YOUR REQUEST Ottertail County Planning Commission -- Request for Road Approval We at North American Lakes and Land, LLC, are the prospective owners of the subject property, subject to our closing with the Donleys by the end of December. The road configuration included with this application is approximate, but probable, pending our receipt of the full boundary survey to be provided by the Donleys. Its placement provides a layout for the road which would be secluded by substantial, mature forest. Ultimately, the new road would provide reasonable access to developed lots with a minimum of disruption to the land. The property is a relatively steep grade to the lake, and our proposed configuration flows with the land at some of its highest elevations, thereby minimizing cuts, fills and timber clearing that may be necessary in other plans. In addition, we believe that this plan would offer the most pleasing view of the property from Highway 14, retaining the property itself, not the road development, as the focus of attention for the public. I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. / DATESIGNATURE OF'^ROPERTY OWNER APPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing)\ /■J Accepted By Land & Resource Date Of Planning Commission Hearing Time Planning Commission Motion JANUARY 13, 1999 Motion:A motion by Estes, second by Bergerud to deny the Application due to the lack of information. •1 ■ — —V Chairman/Otter Tail County Planning Commission County Board Action Approved As Recommended Denied As Recommended II,(j Datem Final Action'^hairmanr^Otter Tail bounty feoard of Commissioners / L & R Official/Date LJjul.CONDITIONAL USE PERMIT # Permit(s) required from LahcL& Resource Mat^agement ''“•O' NoYes (Contact Land & Res anagement)! L & R Official/Date Copy of Application Mailed to Applicant^ And MN DNR i bk 0797-006 2D7.3S4 • Victor Lundoen Co . Printers • Fergus Falls. Minnesota •■1 otter Tail County Board of Commissioners January 19, 1999 Page 3 Planning Commission Recommendations Conditional Use Permit - Jefferrv L Gaudette; Motion by Portmann, second by Froemming, and unanimously carried to approve a Conditional Use Permit to use a 40’ x 100’ building for an EDM shop on Buchanan Lake (Sec. 2, Twp, 134N, R. 39W, Hawes Beach Lot 1, Otter Tail Twp, 56-209) with conditions as recommended by the Planning Commission. Preliminary Plat - ‘‘Old Town Acres’VJohn H. Walsh: Land & Resource Director, Bill Kalar, presented a map showing one lot that will be divided into two lots and explained that during the Planning Commission’s discussion regarding this plat, a question pertaining to lot width arose. Discussion followed regarding substandard lots, etc. Motion by Lindquist, second by Lee, and unanimously carried to approve the Preliminary Plat of John H. Walsh known as “Old Town Acres” (Sec. 12, Clitherall Twp, 56-238) subject to conditions as recommended by the Planning Commission. Conditional Use Permit - Steven Frelie: Motion by Lee, second by Lindquist, and unanimously carried to approve a Conditional Use Permit to fill in a man-made slough to provide lake access on Tamarac Lake ('Sec. 23, Twp. 137, R. 43, Scambler Township, 56-931) with conditions as recommended by the Planning Commission. Mr. Kalar noted that under the Wetland Conservation Act, this area is not considered a wetland because it was not created for wetland purposes. Preliminary Plat and Conditional Use Permit - “Christianson’s Sunlight Beach Estates: The Land & Resource Director explained that this is a preliminary plat for 3 lakeshore lots. Initially the proposed driveway was not designed to meet county specifications and be dedicated to the public, therefore, the plat was re-done to include the public road. In the new drawing, lot 5 would be connected to lot 3 and attached permanently. Owner and developer, Kevin Christianson, requested that a bond of credit be posted so he could start building before the road is completed. Discussion followed. Motion by Lee, second by Portmann, and unanimously carried to approve the preliminary plat of Concordia College Corporation known as “Christianson’s Sunlight Beach Estates” (Sec. 3, Twp. 137, R. 42, Dunn Township, 56-786) and a Conditional Use Permit to build a road to service the plat subject to conditions as recommended by the Planning Commission and with the following conditions: 1) post a $55,000 cash bond in lieu of completing the road prior to submittal of final plat and 2) stipulation/condition that lot 5 is permanently attached to lot 3 on the revised preliminary plat submitted on January 19, 1999. Conditional Use Permit - Duane & Marion Donley/Larry Stoller: Motion by Lindquist, second by Portmann, and unanimously carried to uphold the denial of the Planning Commission for a Conditional Use Permit request of Duane & Marion Donley/Larry Stoller on Lake Alice ('Sec. 25/36, Twp, 135, R. 40, Dead Lake Twp, 56-244). Conditional Use Permit - Young Life Campaign: Motion by Lee, second by Portmann, and unanimously carried to approve a Conditional Use Permit for Young Life Campaign to add building(s) on Pelican Lake (Sec. 2 & 3, Twp. 137, R. 42, Dunn Township, 56-786) with conditions as recommended by the Planning Commission. r Planning Commission January 13, 1999 Page 3 A motion by Bergerud, second by Estes to approve, allowing the name to be changed to "Sunlight Beach", provided: 1. The road be dedicated to the public and constructed to County Specs as required by the Subdivision Controls Ordinance. 2. A culvert is installed under the road. 3. Lot 1 is permanently attached to the adjacent property to the west. 4. The lots behind the road (backlots, becoming Block 2) are permanently attached to a lot in Block 1. Motion: Voting: All members in favor. Break:With the next Applicant being scheduled for 8:00, at 7:50 the Commission took a 10 minute break. Duane & Marion Donley/Larry Stoller - Denied/Lack of Information: A Conditional Use Permit Application for road approval. We at North American Lakes and Land, LLC (Larry Stoller) , are the prospective owners of the subject property, subject to our closing with the Donleys by the end of December. The road configuration is approximate, but probable, pending our receipt of the full boundary survey to be provided by the Donleys. Its placement provides a layout for the road which would be secluded by substantial, mature forest. Ultimately, the new road would provide reasonable access to developed lots with a minimum of disruption to the land. The property is a relatively steep grade to the lake, and our proposed configuration flows with the land at some of its highest elevations, thereby minimizing cuts, fills and timber clearing that may be necessary in other plans. In addition, we believe that this plan would offer the most pleasing view of the property from Highway 14, retaining the property itself, not the road development, as the focus of attention for the public. The property is described as Pt Gov Lot 6 (40.73 Ac), Section 25 & NEl/4 NEl/4 (40 Ac), Section 36 of Dead Lake Township; Lake Alice (56-244), NE. Terry Anderson (Surveyor) represented the Application. Paul Buendiger expressed several concerns (pressure on the lake, fragile land & questioned reason for road unclear) & requested a denial. the total plan is A motion by Estes, second by Bergerud to deny the Application due to the lack of information. Motion: Voting:All members in favor. Planning Commission May 12,1999; Page 2 Duane Donlev/Larrv Stoller-Approved With Conditions: A Conditional Use Permit Application for road approval. We at the North American Lakes and Land, LLC (Larry Stoller), are the prospective owners of the subject property. Subject to our closing with the Donleys at the end of December. We would like to construct about 3,800 feet of road constructed to County and Township Specifications. The property is described as Pt Gov. Lot 6, Section 25 (40.73 Ac) & NE1/4 NE1/4, Section 36 (40 Ac) in Dead Lake Township; Lake Alice (56-244), NE. C'} V Old Business: This request was tabled from March 10, 1999. A motion by Estes, second by Schwartz to table (with the Applicant’s approval) to allow an EAW be prepared; reasons being: 1. The public’s concern regarding the wetlands and wildlife habitat. 2. Potential for erosion. 3. Too many lots are proposed for this area. 4. The crowding potential for a small (45 acre) lake. On April 7, 1999, there was a public hearing for a Needs Determination. A motion by Zimmerman, second by Estes stating that an EAW is not necessary since the potential impacts that were identified by the Commission can be mitigated and/or reversed by an erosion control plan, an engineers plan (the same engineer that designs the road should oversee the project through conclusion), Shoreland Management Ordinance restrictions, conditions may be placed on Conditional Use Permit, redirection of the road (avoid the wetland areas) and bluffs being identified. ■f Steve Highland, Larry Stoller, Terry Anderson (surveyor) & Bob Russell (attorney) represented the Application. Elizabeth Maxwell read a letter (placed into the file) indicating her opposition to the J request. Duane Donley indicated that this proposal is the best use of the land. Rick West (OTC Highway Engineer) responded to a question of the Commission, indicating that it would be a benefit to the environment to have an engineer’s plan, the uniqueness of the terrain being the reason. ^ Motion: A motion by Sha, second by Maske to approve provided an Engineers plan (including an erosion control plan) is provided, and the same engineer that designs the road must oversee the project through conclusion. This plan is to be reviewed and approved by Land & Resource. The developer must obtain the proper permits from the MPCA. This approval is subject to the representations on the revised map received May 3, 1999. Voting: All members in favor, except Olson. Break: At 9:00, the Commission took a 5 minute break. Jan. II, 1999 Dear OtterTail County Planning Commission, I am writing with regard to a Conditional Use Permit applied for by Larry Stoller of the North American Lakes & Land Development Corporation out of St. Paul. This is regarding use of land surrounding Lake Alice in Dead Lake Township. I believe I should have been issued a notice of the meeting for public input which, I understand, occurs on Jan 13, 1999. I only found out about this on Friday, and I have not seen the papers that were mailed to other land owners near the lake. When 1 called the Land and Resource Management Office, I was told that I should have been mailed a notice, and that they had made a mistake by not mailing one to me. I would like to request a delay of any decision on this matter. Not only have I not seen the plan, but many of the concerned land owners are away for the season. Therefore, it is difficult to raise concerns as a local community about the impact this would have on the lake. Thank you. RGCBVED JAN 1 2 1999 UWIOOUMEPeggy Maxwell Rt. 1 Box 405 Richville, MN 56576 JMUluL xM ^ Mctc^ 'mu? isund, mhiZia aljiiD cto fih?ua/>r) c-nmfiAi/)!- OTTER TAIL COUNTY PLANNING COMMISSION 218-739-2271 Ext. 225Otter Tail Cotinty Courthouse, Fergus Falls, MN 56537 January 13, 1999 Meeting of the Otter Tail County Planning Commission was held on January 13, 1999 at 7:00 P.M. in the Commissioner's Room, Courthouse, Fergus Falls, Minnesota. Roll Call: Linda Bergerud, Rod Boyer, Les Estes, BertMembers Present: Olson, Robert Schwartz and Leona Zimmerman. Member Absent: Frank Lachowitzer, Joe Maske, Richard Sha and David Trites. Tim Griep represented the Land & Resource Management Office. Reorganization — Tabled: A motion by Estes, second by Boyer to continue with Bob Schwartz as Acting Chairman and reorganize at the next regular scheduled meeting (it shall be noted that there were only 6 members present). Voting: All members in favor. Minutes of December 9, 1998 - Approved As Presented: A motion by Estes, second by Bergerud to approve the December 9, 1998 Minutes as presented. Voting: All members in favor. Jefferry L. Gaudette - Approved With A Condition: A Conditional Use Permit Application to use a 40' x 100' building for my EDM shop. means of electrical discharge machining (a commercial Use) . property is described as Hawes Beach Lot 1, Section 2, Otter Tail Township; Buchanan Lake (56-209) GD. We generate small holes in medical supplies by The Jefferry Gaudette represented the Application. A motion by Estes, second by Olson to approve as presented provided 4 parking spaces are identified. Motion: Voting:All members in favor. Planning Commission January 13, 1999 Page 2 •^^Old Town Acres"/John H. Walsh - Approved With A Condition: A Preliminary Plat of "Old Town Acres", consisting of 2 residential lots and 1 block. The property is described as Pt of Sublots . A,B,C,D,E,F, G & H of Section 12 in Clitherall Township; Clitherall Lake (56-238), RD.. Clem Hendrickson (Surveyor) represented the Application. A motion by Olson,second by Estes to approve asMotion: presented, subject to the Applicant applying for and receiving the required variances regarding the width of the lots. Voting:All members in favor. Steven Freije - Approved With Conditions: A Conditional Use Permit. Application to fill in a man-made slough to provide lake access and beach^ This slough is not connected to the lake. Only other potential beach development would involve a great destruction of plant life as well as aquatic plant and animal life. (Area is approx. 2>.942 sq. ft. with maximum depth of fill being approx. 2W .) The, property is described as Lot 1 Oak Haven Beach, Section.23, Scambler Township; Tamarac Lake (56-931) RD. Steve Freije represented the Application. Motion: A motion by Estes, second by Boyer to approve the request provided the fill (must be clean washed fill material) be no higher than the existing ice ridge and that it tapers from the ice ridge landward. onsite prior to starting the project to set bench marks and also to approve the stabilization plan. A representative from Land & Resource is to be Voting: All members in favor. '^Christianson's Sunlight Beach Estates" Concordia College Corp. - Approved With Conditions: A Preliminary Plat of "Christianson's Sunlight Beach Estates" consisting of 4 residential lots and 1 block; a Conditional Use Application to construct a driveway to service 3 lakeshore lots. We intend for the road to be private (a 50' easement road having approximately 24' drivable top(bituminous) with 1' deep ditches where necessary). Sunlight Hills, & Pt Gov Lot 4, Pelican Lake (56-786), GD. The property is , described as Lots Section 3 of Dunn Township; 7-11 of Kevin Christianson represented the Application. Planning Commission January 13, 1999 Page 3 Motion:A motion by Bergerud, second by Estes to approve, allowing the name to be changed to "Sunlight Beach", provided: 1. The road be dedicated to the public and constructed to County Specs as required by the Subdivision Controls Ordinance.. 2. A culvert is installed under the road. 3. Lot 1 is permanently attached to the’ adjacent property to the west. 4. The lots behind the road (backlots, becoming Block 2) are permanently, attached to a lot in Block 1. Voting: All members in favor. With the next Applicant being scheduled for 8:00, at 7:50Break: the Commission took a 10 minute break. Duane & Marion Donley/Larry Stoller - Denied/Lack of Information: A Conditional Use Permit -Application for road^approval. We at North American Lakes • and Land, LLC (Larry Stoller), ere the prospective owners of the subject property, subject to our closing with the Donleys by the end-of December. The road- configuration is approximate, but probable, pending our receipt of the full boundary survey to be provided by the Donleys. Its placement provides a layout for the road which would be secluded by substantial, mature forest. Ultimately, the new road would provide reasonable access to developed lots with a minimum of disruption to the land. The property is a relatively steep grade to the lake, and our proposed configuration flows with the land at some of its highest elevations, thereby minimizing cuts, fills and. timber clearing that may be necessary in other plans. In addition, we believe that this plan would offer the most pleasing view of the property from Highway 14, retaining the property not the road development, as the focus of attention for The property is described as Pt Gov Lot 6 (40.73 Ac), & NEl/4 NEl/4 (40 Ac), Section 36 of Dead Lake Township; Lake Alice (56-244), NE. itself, the public. Section 25 Terry Anderson (Surveyor) represented the Application. Paul Buendiger expressed several concerns (pressure on the lake, fragile land & questioned reason for road unclear) & requested a denial. the total plan is second by Bergerud to deny theA motion by, Estes, Application due to the lack of -information. Motion: Voting: All members in favor. CAihiSI ; . Planning Commission January 13, 1999 Page 4 Young Life Campaign - Approved With Conditions: A Conditional Use .Permit Application to do the following construction. 1) Caravel: Adult guesthouse measuring 84' x 53' with 12' X 36' deck. house for summer adult staff and families. 3) Dory: story addition & a 14' x 52' covered porch onto existing house for Construction for these The property is 4.90 Ac - Pt SLA 2) Clipper: 32' x 50' addition onto existing 26' X 25' two summer adult staff and families, structures is to be completed by 12/31/03. described as 2.06 Ac - Lot 1 of SLA of GLl ex tr; & B of GLl; .07 Ac - Bg 478.5' N of... located in Sections 2 & 3 of Dunn Township; Pelican Lake (56-786), GD. Greg Johnson & Pat Reisnour (Interstate Engineering) represented the Application. A motion by Estes, second by Olson to approve; provided the concerns in Roger Stadum's letter are addressed (allowing a valley gutter instead of the requested speed bump); a silt fence , is to be installed: during construction and a stabilization plan is to be approved by Land & Resource. Motion: y • Voting: All members in, favor. A motion by Olson, second by Bergerud.to adjourn at 9:00 the Commission will be meeting on January 19, 1999 at 6:00 for the Needs Determination for an EAW and again at the next Voting: Adj ourn: P.M. , P.M. regularly scheduled meeting on February 10, members in favor. 1999 All Respectfully submitted; ■ Marsha Bowman Recording Secretary !! ^ May 12, 1999 Otter Tail Planning Commission Courthouse Fergus Falls, MN Re: Conditional Use Permit for Alice Lake For your information, we are opposed to the conditional use permit for Lake Alice because the existing regulations do not protect natural environment lakes as previously thought by members of this planning commission. The Shoreland Management Ordinance's purpose is to prevent"... pollution of public waters . . . and to preserve and enhance our natural resources." The regulations promulgated in response to that purpose have several restrictions purporting to restrict or deny development within 1000 feet of the lakeshore - such as no building in bluff impact zones and protection of steep slopes "to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation." We agree with this requirement and wish that it could be enforced. It cannot because under Shoreland Alterations we find that "Limited clearing of trees and shrubs ... to accommodate the placement of stairways and landings, picnic areas, access paths, . . . beach and watercraft access areas and permitted water-oriented accessory structures or facilities, as well as providing a view to the water from the principal dwelling site, in shore and bluff impact zones and on steep slopes is allowed . . . provided that "the screening of structures ... is not substantially reduced. (Emphasis added.) Yet nowhere in the regulations is the phrase "substantially reduced" defined. On Alice Lake the bluffs and steep slopes facing north face significant erosion if any of the vegetation is removed - for any purpose - such as stairways or to provide a view of the lake, every 200 feet as proposed by the developer. If the soil is disturbed on the north face of these bluffs and slopes, it would be extremely unlikely, if not impossible, for any new vegetation to take hold, considering the fact that these north-facing slopes are in continual shade during the growing season. In order to control erosion the conditional use permit, if granted, should contain the requirement that no vegetation can be removed from the bluff impact zone or the steep slopes. This restriction must be included in any promotional literature put forth by the developer so that buyers would have notice of such restriction. The requirement of no removal of vegetaion from the bluffs or steep slopes is in keeping with what this board must take into consideration if it grants such a conditional use permit. The regulations governing the granting of a conditional use permit states that a factor to be considered is "Minimal change in the natural topography necessary to allow for the proposed use." At the last meeting of this Commission, it was stated that "No variances would be granted to subsequent buyers of the lots in the development." When we pursued the authority for this statement, we found that there was none. There is no restriction on who can apply for a variance. The variance regulations state that a variance may be granted if "unnecessary hardship" is shown by the land owner. Unnecessary hardship is determined, not by this Commission, but by the Board of Adjustment. The Board of Adjustment may grant a variance if "the variance is proved necessary in order to secure for the applicant a right or rights that are enjoyed by other owners in the same area or district." Thus, if in 1940 someone built a cottage on the lake within the 200 foot setback or on a bluff, not granting the variance to the applicant would deny the applicant "a right or rights that are enjoyed by other propeity owners ..." Because of this loophole in the variance provisions, the regulations protecting the lake from erosion and vegetation loss fail to accomplish that protection. Therefore, the conditional use permit should not be granted, but, if granted, must be conditioned on the developer notifying prospective buyers that no variances from the Shoreland Management Ordinance can be sought in the development of the land. Such restriction must be contained in any dac.umant transferring the property to subsequent owners. R(submitted,lecj >p, ElizabetMVIaxwell•h Maxwell S L Jne Sec, 25 N. L/tte Sec. 36 \> 66 f/4 H-60 I a,c\nsto PROPOSED ROAD \ /\/o t OS- a 66.00 foot rood across this property ^e are proposing T7 Ottertai / County and Townshipof which wi/l be built to with arood will have a 24 foot topThis' fiCO tion s .spec! of 2.5 feet with the backslopes nVermont Lot F 3*OS. // S*43. 08 PARCEL "^t368. 98 \ 1360. 94 y356.93 '1356.95 2II 9*90. 75I+I +/J7J. 831374. 89I1 1341. 347.. 7Wr9/t. 59 S 87*11 29'C South Line ot Government Lot F +• 1349. Prepared Py." gps Soul A Cal: SIreel -^i3miPeryzds Pa//s, Mf SCSS2 PAone.' 2/S-2SS-4C2C \ 1337. 06 i mv. • /J4U. /• /340.16 g ' !3. 1/ /MTE -- too PP3T 400300 * 200too0iron Mon u n e n t P/o c e dO Denotes Section Corner Marker S <o® Denotes 1■ Denotes Found iron Monument <b 1elevationsi40i. 0 Denotes Existing <Z407) Denotes Proposed Elevations ] Denotes top of road surface Centerline lath Assumed Data Basis 1396.7 1389. 95 % Denotes shown are on anBe a r ing s <b prepotad by m»that this Survay. Nan or Raport was/ haraby cartity '^134/. 58and that I am a duly Rapistarad Land 13*60or undar my diraet suparvision uadar tha tars ot tha State of Minnesota. 1301. 6 29*50 Sarvayor —-----------An-dWrson (Minnesota Rap i s trat i on Number /4676! Tarry Lea Dated:___ 4> SEE.;•o IPARCEL J 1Note:/ harsby certify that the subdivided property described in this survey meets the fu/rements for public road access and Sewage Treatment Systems.+ PARCEL K ^ Icounty re Property Owner 33 I 33 S'Si •2*II<0 ^ "55 ii <bo-o i 11 i ?=*T —^66. 001270. to S 87*33 39’eSouthrest Corner of the Northeast Ouartor of the Northeast Quarter of Section 36 South Line of the Northeast Quarter of the Northeast Quarter of Section 36 \ \ •V h-S / V ,v> -4 i / a I I •%.4 : f:I:i; ...... i::;; .....|... i:;; , i:: ....f i; 1"i T"::::: •••f:i:: ft i i: ri";I-s :•;.1 i-!• I i;i:i-i.Ii i-!• >!■•••••••••. i-:.••I" ililligliBgSI-!• ••a •• ; ••••••••••••••••■ •a. 0aaaaaaaaaa 4 5Q B a.mz2 £ ou. .......•go ii5i.... 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No.1 LU ijhzI<;si sawnaag-TOSB^' r-atsamgstja i '■I ■5 !;]?: 4£.S'I .1 4 i * J r LETTER OF TRANSMITTAL SIP 4 3 iTEC Design □ 5828 Arndt Lane - Eau Claire, W1 54701 - Telephone (715) 552-0330 - FAX (715) 552-0332 S 3030 Harbor Lane, Suite 124 - Plymouth, MN 55447 - Telephone (612) 577-3734 - FAX (612) 577-3738 September 10, 1999 Bill Kalar North American Lakes & Land, L.L.C. 997301 Date: To: Project Name: TEC Design Project No: Regarding: I I Under separate cover viaEnclosed No. of Copies Last DescriptionDated Revised plans per Otter Tail County Comment9/8/991 Remarks: CIK IJ~ji^ ^ ‘ f T Copy to:Signed: Elizabeth Lorentz NORTH AMERICAN LAKES & LANDS LAKE ALICE PROJECT OTTER TAIL COUNTY, MN a ■J-r VICINITY MAP LFSPwn —THEES -------BENCHMWM A -----“COUTWOL POftT-w----------SKN O-----‘■Qjm STOP9-------KELL ^-------MWAKT wv ^-------WZ VULVE B ------cun MITT C —area ormn d-------VM ANO swnt yH ©-------PULL aox O-------VH Cl£ANOUr O -------CAS UAMHOLE $-------UCMT POLE *T1j-----^-Um/TV POLE -------cur WRE-O------wr POLE E -------OEC PEDLOCATION MAP E]-----CA0l£ P£D 52 —'—MRLBO* 0 ----m£ PEOSHEET INDEX O-------DON PK %-------ROW POST • -------RE»iR -------OH-------- OVtRHCAO UnUTY SHEET NO. SHEET NO(S) SHEET NO(S) SHEET NO(S) SHEET NO(S) SHEET NO(S) SHEET NO(S) TITLE PAGE DETAILS PLAN & PROFILE CROSS SECTIONS 1 2 3-6 SEP 1 3 3959 -------SSN-----------------SAWFTARt aCWOI—----SS7“19 -------smm SEMEK -------mimjNE UNE ------- a-----------------CAS UNE — E------- --------Qfcmic UMt------^TREEUfC ----------X-----------------FENCE UNE TEC DESIGN CORPORATE METRO AREA 5828 ARNDT LANE 212 2ND STREET SE, EAU CLAIRE. Wl 54701 SUITE 322 PH 715-5524)330 MINNEAPOUS, MN 55414 FX 715-552-0332 PH 612-676-1327 FX 612-331-8708 YOUR snt SPECIALIST TECHNICAL ENGINEERING CONCEPTS & DESIGN u g. o!T3 'In c-<?• <\j r-t ai- 5 g wnVO d z c u £. n CJ *--i L i' 1s +» ”2 a n dLl. U c Li k .'fi 5 &) OJ 5hrX 3 n to d z u C HI r: ■ f.i c:u. i: Irj: +_• a£j; n•>'•^7 d C iII 17^00 RpWROW1416 1416 ! 1412 1412 U05 i1408 1W4 /!14C4 !16+50 :1400 MCO ROW 1416 141 5 IJ96 1396 1412 141 2 1392 1392 14QB 1408 138B 1368 1404 1404 1384 1364 1400 1400 1360 1360-ICO -60 -60-140 -120 I~4C 80 1396 131J6 16 + 96.87 1ROWROW1392130214161 4161 13881388 1412 141220604080 1 ! 1403 MC8 I16 + 00 ROW,1416 1416 i140414C4 \ 1412 1412 1400 MCO 1408 1408 1336 1396 ; 1404 •• 1404 1392 1392 i 1400 1400 136S 1368 ■1 1396 1396 1384 1364 !20 40 60 -140 -ICO -6020-80 -4C i i t t’ TEC DESIGN COBPOaATC METiOAgA SaaAMTlANI 3QMHAA0SUNE 6AUaAK.WM;01 SUIIEU4 m71HS241U0 FUM0tTHMNS5447 a71H32'0332 PH61>577^34 n6m77-373l owe NAME 99730IXStCTDONLEiY ROAD CROSS SECTION STA 16+00 - 17+00 3RCJ. NO.NORTH AMERICAN LAKES AND LAND OTTER TAIL COUNTY, MN G 997301 YOURSnSKQAUSr TCCHMCAl ENCINEEMW CONCEPTS A DBICN DATE 7/30/99 '9PER OTTER TAIL COUNTY COMMENT1RgyiSlONS PesiWw 19-^90.75 ROW.ROW 1404 -1404 20^50 ROW ROW1400UOO 1400 *4':C ;1396 - ■ 1396 i 1396 '396 \ I13921392 I392 :392 1388 1380 1308 *388 \;J1384-- 1384 1384 1384 I 1360 1380 1300 *'380 I r q...I1376 • - '376 -120 -ICO -80 -eo -20 20-40 0 6040 100 12080 1404 20-00 ROW.1400 UC4 1396 14CC i 1392 1336 1388 *392 1384 1364 1388 •384 •1360 1360 *384 :1 1376 1378 ^380 -138C100-140 -120 -100 -ao -40 * 40-5C -20 0 20 6C 60 1C0 120 140 I ; : I TEC DESIGN CDBroBATC METBOABEA sanASKOTiM uimnoftUNE £AU OAR, Hi 54701 SUTEU4 m71S4S2-OIJO FUMCXTHi im S54<I7 n71H3343U m61»7M»4 nomn^7)i 1 DWG NAME 997301 XS'CT IDONLEY ROAD CROSS SECTION STA 19+-50 - 20^50 PROJ, NO.NORTH AMERICAN LAKES AND LAND OTTER TAIL COUNTY. MN997301TOURSmSPEGAUST TCCHMCAl WaHSmNC CONCEPTS A DESIGN DATE 7/30/99fl/fl/09 PER OTTER TAIL COUNTY COMMENT DESKif.1 tHEtKEOREVISIONS 4 1U721J72 U68 •• • uee 1J64 1 J64,/ 1J6Q 1J6C 2i + 5C ........................ROW ..... Rcw 1356 135613961396 ICO 12C 140406080 13921392 22+OC13861368 RCW ROW :1380136013641384 i 1378137613801380.... V, 11372 137213761376 ,11 1368 136813721372 I •1 1364 -136413661368 i 1360136013641364 10 js rn rn 1356135613601360-40 0 :!0 60-60 -20 40 60 100 120 140 21+86.0721+00 j Rcw. .......ROWROW...;I; !1396 ..........13841336 I i 1380- - 13921392 - -1 1376137613381386 ■ 13721372 -13341384 - :1368136813501380 1364 ••136413761376 sS I n oi «o 1360136013721372 ■Is ^ 80-60 -40 0 20 120 140IOC14C-20 <40 60 100-20 0 20 60 80 120-100 -60-80 -40 40 TEC DESIGN ctwawre MEnoAHA 1SUAB0UANE 30MHA«SaRIANE EAlJaAK,WMm SUTE124 PH71HU-0330 KKMOUH MN SS447 n71HU-aiU m«IM77.3734 D(t1M7>J7]| DWG NAME 99730IXSECTDONLEY ROAD CROSS SECTION STA 21+CO - 22+50 PRCJ. NO.NORTH AMERICAN LAKES AND LAND OTTER TAIL COUNTY, MN997301TOURSnESFEOAUSr TKHNIieM. PffilMBEBMi CONCBTS * DgICN DATE 7/30/99PER QTTHR TAIL COUNTY COMMENT1TTevisionsnot 27+50 AO+00 ROWROW \ •J ’ LETTER OF TRANSMITTAL TEC Design □ 5828 Arndt Lane - Eau Claire, WI 54701 - Telephone (715) 552-0330 - FAX (715) 552-0332 K 3030 Harbor Lane, Suite 124 - Plymouth, MN 55447 - Telephone (612) 577-3734 - FAX (612) 577-3738 April 11,2000 Richard West Otter Tail Co. Hwy Dept. North American Lakes and Land 997301 Date: To: Project Name: TEC Design Project No: Regarding: I I Under separate cover viaEnclosed No. of Copies Last Dated Description 9/17/99 plans1 Remarks; Please call if you need any further information. laiKSHEVHI© APR 1 3 2000 OTTER TAIL COUNTY HIGHWAY DEPT. BernSigned:Copy to: Elizabeth A. Lorentz NORTH AMERICAN LAKES & LAND LAKE ALICE PROJECT OTTER TAIL COUNTY, MN lEIKSIIIlVIim) APR 1 3 2000 OTTER TAIL COUNTY HIGHWAY DEPT. n VICINITY MAP LEGENH O A --------COfTTIOL POINT ®------ore STOP------KELLSHEET INDEX ^ --------mORANTsvSHEET NO. SHEET NO(S) SHEET NO(S) SHEET NO(S) SHEET NO(S) SHEET NO(S) SHEET NO(S) TITLE PAGE DETAILS PLAN Sc PRORLES CROSS SECTIONS 1 ^------QtHZ VM.Vt a ------CUBB MlEr2 O ------WEA OmiN3-6 S-------SAN AW sram uh ©------PUU. BOX O --------ban OXANOUr7-19 <9 UANHOL£ --------UOKT POLE tjxi------snurr pole -3 -—our POLE --------El£C PEOLOCATION MAP ^ --------CMLE PED [x] ------^TQE PEO O--------RON PPE —GTERHEM} UTUinr ------SAN- —-ss-I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. PRINT NAME: ------STOni BMER ------^TELEmONE L#C ------- 0----------------CM tic ------- I--------------EUTTRC UNE T ------^TREIIJNE TEC DESIGNSIGNATURE:CORPORATE MEIROAREA 5828 ARNDT IN. 3030 HARBOR LANE. EAUaAIRE,WI 54701 SURE 124 PH71M52-033Q PLYMOUTH. MN 55447 FX 715452-0332 PH 612-577-3734 TX 612-577-3738 LICENSE #DATE: YOUR SHE SPECIAUSr TE01NICAL ENGINEERING CONCEPTS A DESIGN N.T.S. - WIDTVI = E+4'=+/- WOOO STAKES (2 PER BALE) NOMINAL 2’ X 2' X 30* MIN. LENGTH OR EQUIVALENT 2'T?P.TYP. O I 3O NOTE; ALL DIMENSIONS ARE APPROXIMATE E O n <)9L o O-J?o XMEDIUM RIPRAP IPRAP THICKNESSEMBED BALES ^r~-a.v3 o II•p:O T?o oso u)O yOOT>°o°o^o^o°§°o FOR SCOUR PROTECTION USE: EROSION MAT FOR CHANNEL UNING. LAP MAT UNDER UPSTREAM BALES AND SECURE FABRIC WITH WOOD STAKES AT 3-FOOT INTERVALS. s -wza•vv-3 NOTE: PLACE RIPRAP ON TYPE HR GEOTEXTILE FABRIC.a u. riijijiI!:! II I! I III!IIII! I!IIIIIII IIIIIII Pi IIIIIII iiiillill STAGGER JOINTS BETWEEN ADJACENT ROWS OF BALLES.TYPE HR GEOTEXTILE FABRIC. PLAN VIEW TYPICAL PLACEMENT OF RIPRAP AT CULVERT DISCHARGESILT FENCE DETAIIEROSION BALE DETAIL TEC DESIGN cawowi *glBOA»SBUAVIOriANE JQNHAOOBIANE iAUOABS.«WS4701 SUTE124 mjiHSMuo KnmmiMNSSM? ra71MSMin mft1M77-S7S4 Rft1M7747I| OWG NAME 997301DONLEY ROAD DETAILSPROJ. Na NORTH AMERICAN LAKES Sc LANDS OTTER TAIL COUNTY. MN 22EAL 8/17/W PER OTTER TAIL COUNTY COMMENT 907301 TOURSreSPECMllST TKWICAlPICINmBNGC30NCgT5ADE9CN DATE 7-30-99 19EALPER OTTER TAIL COUNTY COMMENT1fl/8. DA - DESIGN CHECKEDBaZIS INSTALl 3Cr OF12* CMP MIH APRON ENDWALLS UNDER ALLORI^ GRAPHIC 8CAI£SO LF. 18 INCHCMP W/FES INV. N - 140a0 INV. S - 139S.5 )(«1 n. HP ELEV - 1411.95 HP STA - 12+98.18 PVI STA - 15+04.85 PVI E1£V - 1414.75 AD. - -11.25 K - 17.78 20dd0‘ VC 1445 1445LP ELEV - 1402.88 LP STA - 15+82^ PM STA - 15+25 PM ELEV - 1401.54 AO. - aoo K - 1575 isaoo* VC : PM STA - 11+00 - - PM El£V - 1403.99 AD^- -8J5 K-aii95 " 20500' VC HP ELEV - 1403.44 HP STA - 18+30 PM STA - 18+80 PM ELEV - 1404.24 AO. - -10.00 K - laoo 3 loaoof VC 1440 1440 1435 1435 I1430 1430I8If15I1‘425 1425iIa8Hiiali14201420o n iiI a9UU15H 1415tIIaknIP EU IP STi PM S PM ELA 1410 1410To1/3 I tI381405 1405ftan FINISHED1400O'(T.1400 nti KEMSUNG GRADE1395 1395 STCraKWATER CULVERT1390 1390he 1385 1385s:in 1380 1380n 1375 1375+» 1371 13712Fom cNin . ^S 29! o) o? i?? FstoO)ro <N O O CM FO FO 3? ? I FJ a O) ^0» CM ^d dS § S 2 ?<N<ooO)CM gRSCDlO5§si (OCM5a•O'*; o ^d h.I? i?? i? i ai o mod<0 ni i CD 5 addFnsdFHFOCM 00di/i FO doiS CD Pj FO9 9 9 9 9 9 ?§2 9 9 9 9 O 9 9 9 9 COFOSS05FOGOFO5?n A s ti5\A 14AQQ6A751QAM11AQ0I2aOO12a SQ1&4-00 I1A5Q 1^5013a QQ 14A5Q 15a 50 IflAQO 1flA7S15a 00 16a 50 17AQQ 17a 50 IflAOO 18a 50TEC DESIGN cowowB lemoAW SmMNDiUlNE JONHAnMUVC E«JaAK,WM701 SUIIilM m71»«]MU0 IUM0UIH,MNSS441 R71MIMDI2 meiMTMTMRllMTMm owe NAME 9973016DONLEY ROAD PLAN AND PROFILE STA. 10+00 - 18+75 PROJ. NO.NORTH AMERICAN LAKES & LANDS OTTER TAIL COUNTY. MN 3Z PER OTTER TAIL COUNTY COMMENT2EAL)/17/M 907301 TOUBsnEsnoAusr TOWCALPOmiNCCONCgnADgWiI DATE 19PER OTTER TAIL COUNTY COMMPJTEAL 7-30-99i:W88:LMi|iMl4l ASHISi;CHECKE^bDESIGNiT i/iu Ui n c: ■i- +» 3g ni/i TEC DESIGN oowawit MTOMWWIMMDnANE JOMHMaaiUM UUCLMtMS47n &«ntM IHTIHSMIM niMaUIH,MNSS447 R71»«)MDn milMTHTM RMM7H73I DWG NAME S97301dDONLEY ROAD PLAN AND PROFILE STA. 18+50 - 27+50 PROJ. NO.NORTH AMERICAN LAKES & LANDS OTTER TAIL COUNTY. MN 4 PER OTTER TAJL COUNTY COMMENT S97301FAL YOuians>BMiisr 1KHMCM.ENC»mBNGC0N(gn*DeHCW 5 lATAO DATE 19PER OTTER TAIL COUNTY COMMENTm1 7-30-99D£aGN CHECKEDTJoTC ■/ u k oilj $n ii ft] +» 3 n«/><r 36+0031+QCL 33+0031+50 32+50 33+50 34+00 34+50 35+5026+50 29+00 29+50 30+50 32+00 35+0027tq027+50 2B+0Q 30+00C/3 TEC DESIGN oogawre iCTOMW mwarMC joiOHM8aiuw ENiOME,«IIS4701 SUHEIM W71HSXa30 PUMOLHHMMU447 R71MSMU2 mt1M7747M BI1»57H7n DY*G NAME 997301dDONLEY ROAD PLAN AND PROFILE STA. 27+00 - 36+00 5PROJ. NO.NORTH AMERICAN LAKES & LANDS OTTER TAIL COUNTY. MNPER OTTER TAIL COUNTY COMMENTEAL2 997301 TOuisnEsncMiJsr T«»lflCAtPKaNEBdNCCONCH»BAPg«N DATE 7-30-99 19PER OTTER TAIL COUNTY COMMENTEAL i/a/na1 DESIGN CHECKEDHC u n CN oa. a w n nCiO C(/i ou.Z cz 1 19+90.75 ROW...ROW,1404 1404......T ii.20+50 ROW ROW1400;1400 Ii 1400 UCO:I:;1396 1396 i:iii1396 1396 i..1..1392 I 1392 -i";i-i-!1392 1392Ii:i!i ■i1368 1388 ;;;1368 1388;i I1384 -i i.1384 ■; I i II+-.....1384 1384T]:3 51360 •t 1380:r ii 1360 1360-140 -120 100 80 ■2060■40 0 20 40 60 60 100 120 ;1376 1376■ 19 + 50 60 12060100 1404 1400 1404 1404i: I13961400 1400 I-1382 1396 1396 1366 1392 1392I i 1364 1366 1388 ; 1380 1384 1384 : ;1376 1360 1380604012080100 TEC DESIGN DWG NAME 997301XSECTHMaollAMDONLEY ROAD CROSS SECTION STA 19+50 - 20+50 PROJ. Na NORTH AMERICAN LAKES AND LAND OTTER TAIL COUNTY. MN 11E«UCIAH,W$4»I bjirim m71»«iMU0 mMaUIH,MNU40 R71H9MU2 meiM7H7M RdMJTVU B/17/fl9 PER OTTER TAIL COUNTY COMMENTEAL2.997301 rout SHE SFEOAUSr TOWCRlWONgBNGCOWCHTSiiDBICW DATE 7/30/99 19fMPER OTTER TAIL COUNTY COMMENT checkedl*’iLiW:kl1?DESIGN 27+50 30+00 T 40+004 PER OTTER TAIL COUNTY COMMENT 7/30/S9RtlMTHTU■reoflaoiLB<CB<aBNGCowcgis*i>eBONCHECKEDRDESIGNS jfZt^c ^ ^ C.<^-'7 -C.C,A-'r».,1 “'41 Q V « ^ ^ ^.o^iA. ^ ..AULl H<t Jj^-^/'*r. V <?■ '' <^'<f'*''* • JS^JjLLyy r LETTER OF TRANSMITTAL TEC Design □ 5828 Arndt Lane - Eau Claire, W1 54701 - Telephone (715) 552-0330 - FAX (715) 552-0332 [3 3030 Harbor Lane, Suite 124 - Plymouth, MN 55447 - Telephone (612) 577-3734 - FAX (612) 577-3738 August 24, 1999 Bill Kalar Land Management Ottertail County Courthouse Fergus Falls, MN 56537 North American Lakes & Lands, LLC Lake Alice Proposed Subdivision 997301 Roadway Design Date: To: .....—> %UG 2 S’ 1999Project Name: TEC Design Project No: Regarding: I I Under separate cover viEnclosed No. of Copies Last Dated Description Full set of roadway plans including proposed erosion control measures.1 7-30-99 Remarks: We have been retained to provide roadway plans to the county for review and comment. Please send your comments to us as soon as possible so that we may incorporate them into final plans as soon as possible. Richard West is also in receipt of plans for the same purpose. If you have any questions please contact me at 612-577-3734. Signed: ^Richard WestCopy to: Steve Sletner, P.E. NORTH AMERICAN LAKES & LANDS LAKE ALICE PROJECT OTTER TAIL COUNTY, MN .... — ^ 'AUG 2 6 1999 / / .-S* 't.v ^JaoiUtr .1 '»»rio VICINITY MAP \iI.i—i:.{ '~y^ LfCfK> -13 yr'r'-'i ■<4 I■<53>I J-^ CCMT1VJL KMTT '5^ ^.f.1 * l|g|:-;3'3'.-3SHEET INDEX AJic>• —-«uf^Utu------ SHEET NO. SHEET NO<S) SHEET NO(S) SHEET NO(S) SHEET NO(S) SHEET NO(S) SHEET NO(S) TITLE PAGE DETAILS PLAN & PROFILES CROSS SECTIONS 1 —®[Xj-------CW WL«C m —-oM ••f O-------MCA OM $-------VM MO StONH IM C -------ooDt ■'•Cll'J2 ertribk>3-6 7-16 O O-------c*s iMMCu O-------LO* FQU -------UTurr KU——O/T ------CUT KH£ B------tut KO 0 >—Oil£ K»LOCATION MAP Q-------kMUOK (fj-------HU KD O —--«0M MC 0-------H0» POST • ---- ------oi------ —-otatve oiWT -------V------- —-miCK mm ■ SM --—a<MH4iiy scM*I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION. OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. PRINT NAME; ------ss- —-as LMC -------CI£CMC IM c c --------E--------------rocc K9€ TEC DESIGNSIGNATURE;CORPORATE METRO AREA 5828 ARNDT IN. J030 HARBOR LANE, EAU CLAIRE, WI 54701 SUITE 124 PH 715-552-0330 PLYMOUTH, MN 55447 FX 715-552-0332 PH 612-577-3734 FX 612-577-3738 t LICENSE #DATE: YOURSrrtSPEClAUST TECHNICAL ENGINEERING CONCEPTS & DESIGN AUG 2 6 1S9S TYPICAL CROSS SECTION N.T.S. STAKES SILT FFNCE DETAIi « TEC DESIGN copoaoi uemmA sniMMiriAfic jSshXhqkuni EMJOAK.MS470I MI124 PH71HMU0 mA«OUIHMNSS447 R71MSM1U milMTMTM nilMTHTM DONLEY ROAD DETAILSPROJ. NO. 997901 TOURSmSPEOAUST TKHNKALP«aNmMNGCONgPT5RDBICNDESIGNCheckedRevisionsDATEwa.BY u s n aI" i- z 4> -nVi t/5 du_Z c: u n c> r-4 aL h V 3 s i/) d iZ u utr> fj aa i> 3Of 2 t/3 6 z cz u s. S n o aL X a n d u 18+5017+50 U08 1408 1412 1404 1404 1408 1400 1400 1404 1396 1396 1400 13921392 1396 13881388 1392 13841384 1388 13801380 1384 13761376 1380 13721372 1376 18+00 14121412 17+00 14081408 1416 14041404 1412 14001400 1408 13961396 14041404 13921392 14001400 13881388 13961396 13841384 13921392 13801380 13881388 13761376 13841384 13721372 13801380 TEC DESIGN wnwB jgnD*« iiMAMiriMC imoiiwoiiAig EMJaJwe,w9«rai suieimMTIHSMUO mM0UMMNlS447 R71»«SMU2 mtIMTHTM RMM7H71I DWG NAME 9S7301XSDONLEY ROAD CROSS SECTIONS STA. 17+00 - 18+50 PROJ. Na NORTH AMERICAN LAKES & LANDS OTTER TAIL COUNTY. MN987301rauRsnESvaMBT TORIlCM.P«INmBWGOONCPBaDEaCN DA1E 7-30-99HTvisidNg'CHECKEDDESiCrJ ■Ij ■ PROPOSED ROAD No t e$ : IVe are proposing a 66.00 foot road across^ fhis property of vfhich !¥ i / / be but !t to Ottertai! County and Tonfnsb/p Tb/s road nf i / / hove a 24 foot top iv i t h aspecif/cations.or Coyernmenf Lot F minimum ditch separation of 2.5 feet iv i t h the backs lopes having of J:i.a minimum CHORD CHORD BEARINGCURVE DELTA ANGLE TANGENTRADIUSARC 2J3. F4 S J9*20'5J'EC /663.28 234. 92 H8. 7320*I7 5I • S 63’38 47'E290. 90594. 99 293. 88C 2 28*17 58 •150. 00 S 39 ‘0! 33 'E/94. 92155. 63 210. 63C 3 77*32 26-125. 00 S 15*20 ■ ITE193.11195.36 100. 00C 4 30 *09‘43’37!. // 193. 9!S 44*35 ■ 37'EC 5 395. 89 195. 90 too. 0028*2! ‘08’ S 8! *20 06 'Etoo. 00 /84. 69189. 55240. 65C 6 45 *07‘50’ 234. 94125. 00 S 83*54 ‘50'E239. 78343. 69C 7 39 *58 22' 64. 39 S 76*35 ‘ 29’E33. 0064. 92C 8 25 *19 ‘40 •146. 86 ' ESS A -MESS UniENT BEARING DISTANCELINE S 30 *25 ‘ 03’E 54. /4L / .9 58*46'N’EL 2 7/ 47 S 63 *55‘39’E 93. 35L 3 L 4 S 89*I5‘I9’E 76. 30 f r i i I J I 1 29*84. !9 30*eo. 49 /Assumed Data BasisBearings shown are on an preptired by me/ hereby certify that this Surrey, flag or Report ras or under my direct supervision and that / am a duly Registered Land Surveyor under the laes of the State of Minnesota. tint. 6 28*S0 '(Terry Lee Anderson (Minnesota Registration Number 14676) Da t e d: Note: / hereby certify that the subdivided property described in this survey meets the county requirements for public road access PARCEL Jand Sewage Treatment Systems.PARCEL N RroperAy Duner 33 \ 33 io II\I1270. iO S 87*33‘39’E South Line of the Mortheost Quarter of the North —-66. 00 cast Quarter of Section J6 ;i i i1i n'ZULLl * I4 TI ;i 'J -I■T -I.'I4-4.._4._T 4-i -|!.4_..4-^-1- , ..IIi _1-1 1-I;i 1 i I -J-!tI tI ■■ } I I .-4 4 I ii.I —T'T ..t;:-4 t r:s^ .35 PfOriH fiUt) SEOnSL f !.“1 'T "t"'- f n ■ I y - If T"I trjH'i”'4-t I 4_-r-is 4ri447f4•A,. J-1-T !-hi: I't' tt7!.■ i„!iji HI ri” "i-T ^TT>4-L ..•'1 V :i V : J n-N. a-|-T ll!4 _v 0 --._l_-I ., I T .JI-1-!r I -!j■■1 1 1*k -U 4-Ti I4.L 1 t'Tr.7"r -i tI>[IiT T.L (-h 7 ry, rrr ;i J.4-I I I 1 TIJ..!-L r“H'n44-1 -\T -!.I1.!-!f r-I -L..). ...+4-t!~T r1.X VO -i II 1I ' V/■1IT 4-l i-X--?TI4-r II 'yt 4-I I T4-4tu 'T4: L_j-i fI>i4t lo'l,"i -j"j-k4-+■-1i;i tr ttrrTI T ~Ci.t"T j> J+i;j. I .% -A —/'7r'-t-i i:1 ’Out 4»uZA4„Cfe^ Ot^+44 I •J4 r I I _I I I .H-J -i.-f— H I ■■i■-4 -t—t- % \\T\-I i.y f4' -«%aJT r*~rXr4»i/fI I ! -I X n I :r:rz :uJ-4. 12>4'&"Jl:3r ■■ I jX i_i_4 H:L4 n 7!—r-i—r ;T ■ ■ - -vr~r-h-r IILlO in4-4 ....J__J__ ; I X f-t"(—I i TI+—-X;:.lI L 4;i-I1 vo'M t X t’T T i 1- —t"T' __> _I L . ,‘pRoP0S£i> AtfvniPN !1. _4-.... '-V Xlrt4 j:—f. I- + ■ILi_... 4■4 I HARD UP 4 met RAP< ?R I 5X5 m ama 14r I !-—i !i r --4 !\-4.it IiX1 j -(X 4 '-"I-O T Op z.(V:trii:(X-\i-f-f irt !i ■JW .1.I 11I i-rxi-i 1 'I .r Contract Documents: Lake Alice Project Otter Tail County, Minnesota Prepared For; North American Lakes & Lands, L.L.C. 291 Palomino Drive St. Paul, MN 55124 Prepared By; TEC Design, Inc. 3030 Harbor Lane Suite 124 Plymouth, MN 55447 August 26,1999 TABLE OF CONTENTS Bidding Documents: Section No.________Title Section 00100 Section 00300 Section 00410 Section 00450 Section 00500 Section 00510 Section 00520 Section 00610 Section 00620 Section 00700 Section 00800 Instructions To Bidders Bid Form Bid Bond Notice of Award Agreement Notice of Award Notice to Proceed Performance Bond Payment Bond General Conditions Supplementaiy Conditions Specifications: Section No.Title General Requirements General Requirements Division 1 Section 01005 Sitework Site Preparation Erosion Control Removing Miscellaneous Structures Clearing & Grubbing Strip Topsoil Trenching, Backfilling & Compacting Roadway Excavation Crushed Aggregate Base Course Riprap Asphaltic Concrete Paving Storm Water Detention Pond Site Restoration Division 2 Section 02010 Section 02050 Section 02060 Section 02110 Section 02115 Section 02221 Section 02223 Section 02236 Section 02271 Section 02513 Section 02774 Section 02990 Plans I Lake Alice Project - Otter Tail County SECTION 00030 ADVERTISEMENT FOR BIDS PROJECT NAME Sealed Bids for the construction of the following: Project No: 997301 Project Name: Lake Alice Project Construction of roads and drainage facilities Bids will be received by TEC DESIGN, INC., 3030 Harbor Lane, Suite 124, Plymouth, MN 55447 until 2:00 pm local time, September 8. 1999 , and then at said office privately opened. All Bids shall be placed in an opaque envelope addressed to TEC DESIGN, INC., 3030 Harbor Lane, Suite 124, Plymouth, MN 55447, and shall be labeled “Lake Alice Project” and incorporate the name and address of the Bidder on the outside of the envelope. All Bids shall be accompanied by a certified check or Bid Bond equal to five percent (5%) of the Bid payable to the OWNER. The Bidding Documents may be examined at the office of TEC Design, 3030 Harbor Lane, Suite 124, Plymouth, MN 55447. Copies of the Bidding Documents may be obtained only from the issuing office, TEC DESIGN, INC. upon payment in the form of two checks-one of $25 and the other in the amount of $ 10. The $25 deposit will be returned to the bidder upon return of said plans and specifications in good condition within 15 days after opening of Bids. The $10 fee for copying, postage and handling is non-refundable. The OWNER reserves the right to waive any informalities and to reject any or all Bids. Dated this August 26,1999. I Advertisement for Bids - Page 1 SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 Defined Terms 3.0 Blank Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8) (1996 Edition) have the meaning assigned to them in the General Conditions. 4.0 Examination of Contract Documents and Site 4.1 It is the responsibility of each Bidder before submitting a Bid:Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof 4.1.1 Documents and other related data identified in the Bidding Documents (including "technical data" referred to below); To examine thoroughly the Contract 1.1 Bidder - one who submits a Bid directly to Owner as distinct from a sub-bidder, who submits a bid to a Bidder.4.1.2 To visit the site to become familiar vsdth and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work;1.2 Issuing Office - the office fi'om which the Bidding Documents are to be issued and where the bidding procedures are to be administered.4.1.3 and Regulations that may affect cost, progress, performance or furnishing of the Work; To consider federal, state and local Laws 1.3 Successful Bidder - the lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.4.1.4 To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; and 4.1.5 To promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 2.0 Copies of Bidding Documents 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement may be obtained from the Issuing Office. The deposit will be refunded to each document holder of record who returns a complete set of Bidding Documents in good condition within IS days after opening of Bids. 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. Instructions to Bidders - Page 1 4.2.2 Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by Engineer in preparation of the Contract Documents. Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract documents. Bidder may rely upon the general accuracy of the "technical data" contained in such drawings but not upon other data, interpretations, opinions or information shown or indicted in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction. 4.6 On request. Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, test and studies. Copies of such reports and drawings 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 SC-4.02 of the Supplementary Conditions. interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.7 Reference is made to the Supplementary Conditions for the identification of the general nature of 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. On request. Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work. Bidder is responsible for any 4.3 Information and data shown or indicated in the Contract 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 or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary conditions. 4.8 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 Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the vsritten resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in Paragraphs 4.02 and 4.03 of the General Conditions. 4.5 Before submitting a Bid each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Instructions to Bidders - Page 2 I 4.9 The provisions of 1-4.1 through 1-4.8, inclusive, do not apply to Asbestos; PCBs, Petroleum, Hazardous Waste, or Radioactive Material covered by Paragraph 4.06 ,of the General Conditions. paragraph 1.01;A.14 of the General Conditions) are set forth in;the Agreement (or incorporated therein by reference to the attached Bid Form).I I 8.0 Liquidated Damages 8.1 Provisions for liquidated damages, if any, are set forth in the Agreement.I 5.0 Availability of Lands for Work, etc. 5.1 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing .the Work are identified in the Contract Documents. I 9.0 Substitute and "Qr-£qual" Items. I 9.1 The Contract, if awarded, wi|l be on the basis of materials ^d equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or- equal" items. 5.2 Ail additional lands and - access thereto required for tempor^= construction facilities, construction equipment or storage of materials ' and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. I Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "orTequal" item 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 Contractor and consideration by Engineer is set forth in Paragraph 6.05 of tiie General Conditions and may be supplemented in the General Requirements. I I I 6.0 Interpretations and Addenda. 6.1 All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer.I Interpretations or clarifications considered necessary by Engineer 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. Questions received less that ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. I 10.0 Subcontractors, Suppliers and Others. I 10.1 Blank. I 11.0 Bid Form The Bid Form is included with the11.1 Bidding Documents; additional copies may be obtained from Engineer (or the issuing office).I 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer.11.2 All blanks on the Bid Form must be completed by printing in black ink or by typewriter.I 7.0 Contract Times' I 11.3 Bids by corporations must be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretaiy 7.1 The number of days within which,; or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the term "Contract Times" is defined inI I Instructions to Bidders - Page 3 or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 13.2 opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. disqualified fi-om further bidding on the Work to be provided under the Contract Documents. If, within twenty-four hours after Bids are 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. Thereafter, that Bidder will be 11.5 All names must be typed or printed in black ink below the signature. 14.0 Opening of Bids.11.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). Bids will be opened and (unless obviously non-responsive) read aloud publicly at the place where Bids are to be submitted. 14.1 The address and telephone number for11.7 communications regarding the Bid must be shown. 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. 11.8 Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph 3 above. State contractor license number, if any, must also be shown. 15.0 Award of Contract. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to 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, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful fmancial ability of fails to meet any other pertinent standard or criteria established by Owner. 15.1 12.0 Submission of Bids. Bids shall be submitted at the time and place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope, marked with the Project title (and. if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 12.1 Owner also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies between words and figures will be resolved in favor of the words. In evaluating Bids, Owner will consider15.2 the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 13.0 Modification and Withdrawal of Bids. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 13.1 Owner may consider the qualifications15.3 and experience of Subcontractors, Suppliers, and other persons and organizations proposed for Instructions to Bidders - Page 4 I those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Ch^mer also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. shall deliver one fiilly signed counterpart to Contractor.I Each coimterpart is to be accompanied by a complete set of the Drawings with appropriate identification. I I I 15.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and fmancial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. I I I If the contract is to be awarded, it will be awarded to the Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 15.5 I If the contract is to be awarded. Owner will give Successful Bidder a Notice of Award within thirty-five days after the day of the Bid opening. 15.6I I 16.0 Contract Security.I Paragraph 5.01 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds. 16.1 I I I 17.0 Signing of Agreement. 17.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the A^eihent with all other written Contract Documents attached. Within fifteen days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner I I I I Instructions to Bidders - Page 5 SECTION 00300 EJCDC SUGGESTED BID FORM PROJECT IDENTIFICATION: Lake Alice Project CONTRACT IDENTIFICATION AND NUMBER: 997301 TfflS BID IS SUBMITTED TO:North American Lakes & Lands, L.L.C. 291 Palomino Drive St. Paul, MN 55124 hereinafter called “OWNER”. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 1. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days after the day of Bid opening. BIDDER will sign and deliver the required number of coimterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S Notice of Award. 2. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:3. (a) BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: Dated. Dated. Dated Addendum No.. Addendum No.. Addendum No. (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, performance and furnishing 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, performance and furnishing of the Work. (d) BIDDER has carefully studied 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 Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC-4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings EJCDC Suggested Bid Form - Page 1 upon which BIDDER is entitled to rely as provided in paragraph 4.02 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Undergroimd Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (smface, subsurface and Undergroimd Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, 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. (g) BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid: BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): 4. EJCDC Suggested Bid Form - Page 2 DAMAGES FORM SECTION 00410 BID BOND BIDDER rName and Address): SURETY rName and Address of Principal Place of Business!: OWNER (Name and Address: BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER:_______________ DATE: (Not later than Bid Due Date): PENAL SUM:___________________ IN WITNESS WHEREOF, Surety and Bidder, Intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by Its authorized officer, agent, or representative. SURETYBIDDER (Seal)(Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By:By: Signature and Title Signature and Title (Attach Power of Attorney) Attest:Attest: Signature and TitleSignature and Title (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. Note: EJCDC No. 1910-28-D (1990 Edition) 00410-1 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators. successors and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder's bid and the total amount of the bid of the next lowest, responsible and responsive bidder as determined by Owner for the Work required by the Contract Documents, provided that: If there is no such next lowest, responsible and responsive bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 1.1. 1.2.7. Any suit or action under this Bond shall be com­ menced only in a court of competent Jurisdiction located in the state in which the Project is located. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 3. This obligation shall be null and void if: 3.1. Owner accepts Bidder's bid and bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2. All bids are rejected by Owner, or 3.3. Owner fails to issue a notice of award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 11. The term “bid" as used herein includes a bid, offer or proposal as applicable. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue 00410-2 BID TAB Culverts and Piping Erosion Control ■i Clearing and Grubbing Strip Top Soil Roadway Excavation Crushed Aggregate Base Rip Rap Site Restoration Bond ■ 1. TOTAL = I I I I I I EJCDC Suggested Bid Form - Page 3 The TOTAL BIDPRICE is: (Use Words) (Use Figures) 5. BIDDER agrees that the Work will be substantially completed and completed and ready for final payment in accordance with paragraph 14.04 and 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement and in Division 1. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of N/A (b) A tabulation of Subcontractors. Suppliers and other persons and organizations required to be identified in this Bid. (c) Required BIDDER'S Qualification Statement with supporting data. 7. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. If BIDDER is: An Individual: Name (typed or printed): By:(SEAL! (Individual’s Signature) Doing business as: Business address: Email:FAX No:Phone No: EJCDC Suggested Bid Form - Page 4 I A Partnership: I Partnership Name:.^ fSEAU I Bv: (Signature of general partner - attach evidence of authority to sign) Name (typed or printed): Business address:_____I I Phone No;FAX No:Email:Ir-: A Corporation: I By (SEAL) (Corporation Name) I (State of Incorporation) By (SEAL)I (name of person authorized to sign) I (Title) (Corporate Seal) I Attest (Secretary) I Business address: I Email:FAX No:Phone No: Date of Qualification to do business:I I I I I I EJCDC Suggested Bid Form - Page 5 ■ A Joint Venture Joint Venturer Name:(SEAL) By: (Signature ofjoint venture partner-attack evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.:FAX No.: A Joint Venture Joint Venturer Name:.(SEAL) By: (Signature of joint venture partner-attach evidence of authority to sign) Name (typed or printed): Title: Business address: FAX No.:Phone No.: Phone and FAX Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) EJCDC Suggested Bid Form - Page 6 I SECTION00450 I NOTICE OF AWARD I DATED; I TO: ADDRESS:I I PROJECT: Lake Alice Project , PROJECT NO: 997301 I You are notified that your Bid dated , for the above Contract has been considered. You are the apparent Successful Bidder arid have been awarded a contract for the following work description; I ' Construction of roads and drainage facilities. I This also includes other miscellaneous items in conformance with the CONTRACT DOCUMENTS. The Contract Price of your contract is () Dollars. I Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately.I r.. • You must comply with the following conditions precedent within ten days of the date of this Notice of Award, that is by ' . I You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents, except for the Drawings. 1. I You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders (paragraph 18), General Conditions (paragraph 5.01) arid Supplementary Conditions (paragraph SC-5'.'Ol). Insurance Certificates as provided by the General Conditions (Paragraph 5.03). 2. I 3. I 4. You are required to return an acknowledged copy of this Notice of Award to the OWNER. Failure to comply with these conditions within the time specified will entitle OWNER to consider bid in default,. to annul this Notice of Award and to declare your Bid Security forfeited. Within ten days after you comply with the above conditions, OWNER will return to you one fully signed counterpart of the Agreernent with the contract Documents attached. I I I I Notice of Award - Page 1 •I.'. OwnerAWARD: (owner) By: (authorized signature) Developer (title) ContractorACCEPTANCE OF AWARD: (contractor) By: (authorized signature) (title) (date) Notice of Award - Page 2 I SECTION 00500 I EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTORON THE BASIS OF A STIPULATED PRICE I in the Year 19THIS AGREEMENT is dated as of the day of by arid between North American Lakes & Lands, L.L.C. (hereinafter called OWNER) and ___________^__________________________(hereinafter called CONTRACTOR);I OWNER and CONTRACTOR, in corisideration of the niutiial covenants hereinafter set forth, a^ee as follows:I I Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction of road and drainage facilities. This also includes other miscellaneous items in conformance with the CONTRACT DOCUMENTS. I I Article!. ENGINEERIThe Project has been designed ly TECDesign; Inc. who is hereinafter called ENGINEER and who is to act as OWNER’S representative, ^sume all duties and responsibilities and have the rights and authority assigned to engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.I I Articles. CONTRACT TIMES. 3.1 The Work for Project Name will be substantially complete within 30 Calendar Days for Substantial Completion calendar days and ready for final payment in accordance with paragraph 14.07 of the General Conditions within Calendar Days for Final Completion calendar days. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of the Agreemerit and that OWNER will suffer financial loss if the Work is not completed with the times specified in paragraph 3.1 above, plus any extensions thereof allowed-in accordance with Article 12 of the General Conditions. They also recognize'the-delays, expense and difficulties involved in proving 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 three hundred dollars ($300.00) for each calendar day that expires after the time specified in paragraph 3.1 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 time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER one hundred dollars ($100.00) for each calendar day that expires after the time specified in paragraph 3. Lfor completion and readiness for final payment. ; I I I I I I I I EJCDC Standard Form of Agreement - Page 1 Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents and amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.1 below: 4.1 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work time the estimated quantity of that item as indicated in the Bid Schedule attached as Exhibit A and as identified in Article 8. As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. Article 5. PAYMENT PROCEDURES. 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. 5.1 Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER, on or about the 20th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by number of units completed. 5.1.1 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 shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. Ninety percent (90%) of Work completed (with the balance being retainage Ninety percent (90%) (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. 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 paragraph 14.07. Article 6. INTEREST. All monies not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. EJCDC Standard Form of Agreement - Page 2 Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data". 7.2 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, performance or furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that my affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawing 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. CONTRACTOR accepts the determination set forth in paragraph SC-4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicted in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 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. 7.6 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, test, studies and data with the Contract Documents. 7.7 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, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. EJCDC Standard Form of Agreement - Page 3 Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement. 8.3 Performance and Payment Bonds. 8.4 Notice to Proceed. 8.5 General Conditions (pages GC-1 to GC-42, inclusive). 8.6 Supplementary Conditions (pages SC-1 to SC-4, inclusive). 8.7 Specification bearing the title Project Name and consisting of divisions as listed in table of contents thereof. 8.8 Drawings consisting of sheets numbered 1 through 16. 8.9 Addenda numbers ^ inclusive.to 8.10 CONTRACTOR'S Bid. 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.04 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.04 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meaning indicated in the General Conditions. 9.2 No assignment by a party hereto of any right under of interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, monies that may become due and monies 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. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to other party hereto, its partners, successors, assign and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. EJCDC Standard Form of Agreement - Page 4 I 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Lav/ 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 Contact 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 9.5 OTHER PROVISIONS I IN WITNESS WHEREOF, OWNER, and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOI^ and ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on Agreement Date (vyhich is the Effective Date of the Agreement). I I OWNER I I By: [CORPORATE SEAL] 1 Attest: I CONTRACTOR••• By:. I [CORPORATE SEAL] I Attest: License No: I Agent for service or process: I I I I I I ■; EJCDG Standard Form of Agreement - Page 5 I SEGTION00520 I NOTICE TO PROCEED I DATED: I TO:r.',(Bidder) I ADDRESS: I Lake Alice ProjectPROJECT: I PROJECT NO:997301 Construction of roads and drainage facilities.CONTRACT FOR: 1 Also included are other miscellaneous items in conformance with the CONTRACT DOCUMENTS. I You are notified that the Contract Times under the above contract will commence to run on Contract Times Start. By that date, you are to start performing yoiir obligations under the contract Documents.; In accordance with Article 3 of the Agreement the dates of Substantial Completion'and completion and readiness for final payment are'Substantial Date, and Final Date.I NOTICE:I (owner) By:I (authorized) I (title) I ACCEPTANCE OF NOTICE: (contractor) B By: (authorized signature) I (title) I (date) 1 I Notice To Proceed - Page 1 SECTION 00610 CONSTRUCTION PERFORMANCE BOND Any singular reference to Contractor. Surety. Owner or other party, shall be considered plural where applicable. SURETY (Name and Principal Place of Business);CONTRACTOR (Name and Address): OWNER (Name and Address): CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond Form: SURETY Company: CONTRACTOR AS PRINCIPAL Company:(Corp. Seal)(Corp. Seal) Signature:____ Name and Title: Signature:____ Name and Title: SURETY Company: CONTRACTOR AS PRINCIPAL Company:(Corp. Seal)(Corp. Seal) Signature;____ Name and Title: Signature:____ Name and Title: EJCDC No. 1910-28A (1984 Edition) 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. 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors. Administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. Construction Performance Bond - pagel I4.2. or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the Contractor for correction of defective H work and completion of the Construction Contract: ' 6.2. Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and H ; 6.3. Liquidated damages, or if no liquidated damages are specified in H the Construction Contract, actual damages caused by delayed . i performance or nonperformance of the Contractor. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation junder this Bond, except to participate in conferences as provided in Subparagraph 3. 1.I3. If there is no Owner Default, the' Surety's obligation under this Bond shall arise after: I The Owner has notified the Contractor and the Surety at its address described in Pvagraph 10 below, that the Owner is considering declaring a Contractor Elefault and has requested and attempted 'to mange a |confereni^ , with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner,]the Contractor and the Surety agree., the Contractor shall be allowed a reasonable time to perform the Construction Contact,.I)ut such an agreement shall not waive the Owner's right, if any, sutrsequently to declare a Contractor Default: and I 3.2. The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor DefaulLshall' not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3. 1: and The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction contract in accordance jwith the terms of the contract with the Owner. ! 3.1. 7. The Surety shall not be liable to the Owner or others for obligations of the ■ Contractor that are unrelated to the Construction Contract, and the Balance of |. the Contract Price shall not be reduced or set off on account of any such ^ unrelated obligations. No right of action shall accrue on this Bond to any person or entity, other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 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 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 the Surety refuses or fails to perform its obligations under this Bond., whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said Statutory legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. I 3.3. I■1 ■ I I4. When the Owner has satisfied ^e conditions of Paragraph 3, the Surety .,shall promptly anid at the Surety.'s expense take one of the following actions: ■ ' ' ■ ' '' . j ' 4.1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract: or 4.2. Undertake to perform and complete the Construction Contract itself, through its agents] or through independent contractors, or 4.3. Obtain bids or negotiated proposals fixirh qualified contractors acceptable , to the Owner for a contract for performance and completion of the Cons^ction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concureence, to be secured with performance and payment bonds executed by a .qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting . from the Contractor's default: or 4.4. Waive its right to perform and complete;, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: ' 1. After investigatipn, determine the amount for which it may be liable to'the Owner, and. as soon as practicable after the amount is determined,, tender payment therefor to the Owner; or | 2. ,'Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed L provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entided to enforce] any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4. and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entided to enforce any remedy available to the Owner. j 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1. If;' I IDefinitions. 12.1. Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in sedlement of insurance or other claims for damages to which the Contractor is entided, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof 12. I I I I Additional Bond Information: ■' 13.1 Bonds shall name New Market Township as Addidonal V Obligee. 13. I IConstruction Performance Bond - page2 I! SECTION 00620 CONSTRUCTION PAYMENT BOND Any singular reference to Contractor. Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address):SURETY (Name and Principal Place of Business): OWNER (Name and Address): CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company: SURETY Company:(Corp. Seal)(Corp. Seal) Signature:Signature: Name and Title:Name and Title: CONTRACTOR AS PRINCIPAL Company: SURETY Company:(Corp. Seal)(Corp. Seal) Signature:Signature: Name and Title:Name and Title: Construction Payment Bond - pagel EJCDCNo. 1910-288(1984 Edition) Prepared through the joint efforts of the Surety Association of America. Engineers' Joint Contract Documents Committee. The Associated General Contractors of America. American Institute of Architects. American Subcontractors Association, and the Associated Specialty Contractors. 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. to satisfy claims, if any, under any Construction 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 Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's pricing to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due.11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in 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 the claim. Claimants who do not have a direct contract with the4.2 Contractor: Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed: and Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 1. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 2. 3. 14. Upon request by any person or entity appearing to be a beneficiary of this Bond, the Contractor shall promptly fiimish a copy of this Bond or shall permit a copy to be made. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the term’s "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and Construction Payment Bond - page2 1S.3. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 16. Additional Bond Information; 16.1 Bonds shall name Otter Tail County as additional obligee. Construction Payment Bond - page3 This document has important l^al conseq»en«:ys; consultation with an attorney is encouraged with respect to its use or modification. This document should be adtqited to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITIEE and Issued and Published Jointly By National Society of Professional Engineers rmtusloiulBiglaeinla MniePncSu AMERICAN SOaETY OF CIVIL ENGINEERSAMERICAN CONSULTING ENGINEERS COUNCIL PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by m Contractors of AmericaThe Associated General Construction Specifications Institute eft These General Condidons have been prqiared for use with die Owner-Contractor Agreements (No. 1910-S-A-l or 1910- 8-A-2) (1996 Edidons). Their provisions are interrelated and a diange in one may necessitate a change in the other. r.nTmnMit« concerning their usage are contained in the EJCDC User’s Guide (No. 1910-50). For guidance in the prqiaradon of Supplementary Condidons, see Guide to the Prqnration of Si^lementaty Condidons (No. 1910-17) (1996 Edidon). EJCDC No. 1910-8 (1996 Edition) I.1^ I i|!■ I;I I! I/ I I I I I I 1 I I I Cqpyri£^ *1996 ;> Nadonil SodeQr of Professional En^neeis 1420 King Street. Aiexandtia. VA 22314 I IAiiwriftan rtwioilrii^ Pngtiu^rg rnmiftil 1015 15th Street N.W., Washington. DC 20005 iAmerican Sodety of Civil Engineers 345 East 47th Street. New York. NY 10017 I00700 -2 1 TABLE OF CONTENTS £as£ . 00700 - 6 . 00700 - 6 . 00700 - 8 . 00700 - 9 . 00700 -9 . 00700 - 9 . 00700 -9 . 00700 - 9 . 00700 - 9 00700- 10 00700 - 10 00700 - 10 00700 - 10 00700- 10 00700-11 00700- 11 00700- 11 ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.............................................................. 1.01 Defined Terms ............................................................................................... 1.02 Terminology..................................................................................................... ARTICLE 2-PRELIMINARY MATTERS............................................................................... 2.01 Delivery of Bonds ........................................................................................... 2.02 Copies of Documents...................................................................................... 2.03 Commencement of Contract Times; Notice to Proceed .................................... 2.04 Starting the Work ........................................................................................... 2.05 Bifore Starting Construction .......................................................................... 2.06 Preconstruction Conference............................................................................. 2.07 Initial Acceptance of Schedules........................................................................ ARTICLE 3 - CONTRACT DOCUMENTS: INTENT. AMENDING, REUSE......................... 3.01 Intent............................................................................................................... 3.02 Rrference Standards ....................................................................................... 3.03 Reporting and Resolving Discrepancies............................................................ 3.04 Amending and Supplementing Contract Documents ......................................... 3.05 Reuse of Documents......................................................................................... ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ...................................................................................... 4.01 Availability of Lands ....................................................................................... 4.02 Subsurface and Physical Conditions.......................................................• • • • 4.03 Differing Subsurface or Physical Conditions..................................................... 4.04 Underground Facilities.................................................................................... 4.05 Reference Points.............................................................................................. 4.06 Hazardous Envirorunental Condition at Site..................................... ARTICLE 5 - BONDS AND INSURANCE............................................................................... 5.01 Performance, Payment, and Other Bonds....................................................... 5.02 Licensed Sureties and Insurers........................................................................ 5.03 Certificates of Insurance.................................................................................. 5.04 CONTRACTOR'S Liability Insurance ............................................................ 5.05 OWNER'S Liability Insurance.......................................................................... 5.06 Property Insurance ......................................................................................... 5.07 Waver of Rights........................................................................................... . 5.08 Recdpt and Application of Insurance Proceeds................................................ 5.09 Acceptance of Bonds and Insurarute; Option to R^lace .................................. 5.10 Partial Utilization, Adaurwledgment of Property Insurer.................................. ARTICLE 6 - CONTRACTOR’S RESPONSmiUTIES ............................................................ 6.01 Supervision and Sigrerinterulence...................................................................... 6.02 L^r; Working Hours.................................................................................... 6.03 Services, Maerials, and Equipment .............................................................. . 6.04 Progress Schedule........................................................................................... 6.05 Substitutes and "Or-Equals"...............'............................................................ 6.06 Concerning Subcontractors, Siqrpliers, and Others............................................ 6.07 Paent Fees and Royalties............................................................................. 6.08 Permits............................................................................................................. 6.09 Laws and Regulations....................................................................................... 6.10 Taxes............................................................................................................... 6.11 Use of Site and Other Areas............................................................................. 6.12 Record Documents....................................................................................'... 6.13 Safety aiul Protection...................................................................................... 6.14 S^ety Representative....................................................................................... 6.15 Haz^ Communication Programs................................................................... 00700- 11 00700- 11 00700 - 12 00700 - 12 00700 - 13 00700 - 13 00700 - 14 00700 - 15 00700 - 15 00700 - 15 00700 - 15 00700-15 - 00700- 16 00700 - 16 00700- 17 00700 - 18 00700 - 18 00700 - 18 00700 - 18 00700 - 18 00700 - 19 00700 - 19 00700- 19 00700-19 00700 - 20 00700 - 21 00700-21 00700-22 00700-22 00700 - 22 00700-22 00700-23 00700-23 00700-23 I 00700-3 I I I . 00700-23 . 00700 - 23 . 00700-24 . 00700-25 . 00700-25 . 00700-26 . 00700-26 . 00700-26 . 00700-26 . 00700-26 . 00700-26 . 00700-26 . 00700-26 . 00700-26 . 00700 ^27 . 00700-27 . 00700-27 . 00700-27 . 00700-27 . 00700-27 . 00700-27 . 00700-27 . 00700 -27 . 00700 - 27 . 00700-28 . 00700-28 . 00700-28 . 00700-28 . 00700-28 . 00700-28 . 00700-28 . 00700-29 . 00700-29 . 00700-29 . . 00700-29 . 00700 - 29 . 00700-30 . 00700-30 . 00700 - 30 . 00700 - 32 . 00700 - 32 . 00700 - 33 . 00700 - 33 . 00700-33 . 00700-33 . 00700-34 . 00700-34 . 00700-34 6.16 Emergencies............................................• • • • • 6.17 Shop Drawings and Samples ............................... 6.18 Continuing the Work......................................... 6.19 CONTRACTOR‘s General Wananty and Guarantee 6.20 Indemnification............................................... ARTICLE 7 - OTHER WORK....... .................. .................. 7.01 Related Woric at Site..........................................7.02 Coordinaiion\ ................................................... ARTICLE 8 - OWNER’S RESPONSEBIUnES ........................... 8.01 Communications to Cpntraaor ...........................8.02 Replacement ^of ENGINEER............................... 8.03 Furnish Data^.................................................. 8.04 Pc^ Promptly When Due...................................8.05 Lands and dements; Reports and Tests............. 8.06 Insurance .|................................................ 8.07 Change Orders ............................................ 8.08 Infections, Tests, and Approvals ...................... 8.09 limitations on OWNER 'S Responsibilities........... 8.10 UntUsclosed Hazardous Environmental Conation . 8.11 Evidence of j^nandal Arrangements.................... ARTICLE 9 - ENGINEER’S CTATUS DURING CONSTRUCTION 9.01 OWNER 'S Representative .................................9.02 Visits to Sfrej.................................................... 9.03 Project Representative ■.................................... 9.04 Clarifications and Interpretations ...................... 9.05 Authorized Varitaions in Work..........................9.06 Rejecting De^ecrive Work ................................... 9.07 Shop Drawirtgs, Change Orders and Payments ... 9.08 Determinations for Unit Price Work.................... 9.09 Dedsions art Rerparements of Contract Documents and Acceptability of Work .... 9.10 Umitations on ENGINEER'S AuthorUy and Responsibilities...........................— ARTICLE 10 - CHANGES THE WORK; CLAIMS ............................................................ 10.01 Authorized Changes in the Work.......................................................................10.02 Unauthorizek Changes in the Work........................................................'• • • • 10.03 Execution of Change Orders ............................................................................. 10.04 Notification to Surety...................................................................................... 10.05 Claims arid Disputes ........................................................................................ ARTICLE 11 - COST OF THE WORK; CASH AUjOWANCES; UNIT PIUCE WORK_______ ILOl Cost of the Work .:....................................V............................................... 11.02 ■ Cash Allowances............................................................................................ 11.03 Unit Price Work............................................................................................ ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ...----- 12.01 ' Qiange of ^ntract Price............................................................................... \l.Ui :Change of ^ruract 'Iin^............................................................................... 12.03 Delays Beyond CONTRACTOR'S Control ...'............................................. —12.04 Deices Witkn CONTRACTOR'S Control........................................................... 12:05 Delays Beyond OWNER's and CONTRACTOR'S Control...................................... 12.06 Delay Damages ..............................................................................................ARTICLE 13 - TESTS AND| INSPECnONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK...................................................................................... 13.01 Notice ofTtefeas .......................................................................................... 13.02 'Access to Work.............................................................................................. 13.03 Tests and Infections ..................................................................................... 13.04 Uncovering Work ........................................................................................... 13.05 OWNER May Stop Ore Work............................................................................13.06 Correction^ar.Removed of Defective Work .......................................................... i 4 • !t; I! I ! ! i 7 00700-34 , 00700-34 00700-34 . 00700-34 . 00700- 35 , 0070005 , 00700 - 35 00700-4 13.07 Correction Period....................................................... 13.08 Acceptance ofD^ective Work....................................... 13.09 OWNER May Correct Defective Work........................... ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values....................................................... 14.02^ Progress Payments....................................................... 14.03 CONTRACTOR'S Warranty of JUle............................. 14.04 Substantial Completion................................................. 14.05 Partial Utilaatioa....................................................... 14.06 Final Inspection .......................................................... 14.07 Final Payment............................................................ 14.08 Final Conpletion Delayed............................................ 14.09 Waiver of Claims.......................................................... ARTICLE 15-SUSPENSION OF WORK AND TERMINATION____ 15.01 OWNER May Suspend Work......................................... 15.02 OWNER May Terminate for Cause................................ 15.03 OWNER May Terminate For Convenience................... 15.04 CONTRACTOR May Stop Wotk or Terrmnate............... ARTICLE 16 - DISPUTE RESOLUTION.............................................. 16.01 Methods and Procedures.............................................. ARTICLE 17 - MISCELLANEOUS ....................................................... 17.01 Giving Notice............................................................... 17.02 Confutation cf Times.................................................. 17.03 Cumulative Remedies.................................................... 17.04 Survival of Obligations................................................. 17.05 Controlling Law .......................................................... . 00700 - 35 . 00700 - 36 . 00700 - 36 . 00700 - 36 . 00700 - 36 . 00700 - 37 . 00700 - 38 . 00700 - 38 . 00700 - 39 . 00700 - 39 . 00700 - 39 . 00700-40 . 00700 - 40 . 00700-40 . 00700-40 . 00700 - 40 . 00700 - 41 . 00700-41 . 00700 - 41 . 00700-41 . 00700 - 42 . 00700 - 42 . 00700 - 42 . 00700 - 42 . 00700 - 42 . 00700-42 00700-5 I IGENERAL CONDITIONS IARTICLE 1 - DEFINITIONS AND TERMINOLOGY Contract Times, issued on or after the Effective Date of the Agreement. I10. Oaim-K demand or assertion by OWNER or CONTRACTOR an adjustment of Contract Price or Contract Times, or both, or odwr relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 1.01 Defined Temu A* Wherever used in jthe Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the;singular and plur^ thereof. 1. yldidenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or changes the Bidding Rlequiiements or the Contract Documents. | 2. Agreement—TbC'^ written instrument which is evidence of the. agreeiment between OWNER and CONTRACTOR, cove^g the Work. 3. Application for Pcyment-Tiu form accq>table to ENGINEER which is to be us^ by CONTRACTOR during the tmurse of the jWork in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. j I I11. Cb/irrocr-The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Oontract supersedes prior negotiations, representations, or agreements, whether written or oral.I 12. Contract Doaanents-lbn Contract Documents establish die ri^ts and obligadons of the parties and include the Agreement, Addenda (which pertain to the ■ Contract Documents), CONTRACTOR'S Bid (including documentation atw^mpatiying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Condidons. the Specifications and the Drawings as the same are more specifically idendfied in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER'S written interpretadons and clarificadons issued on or after the Elfecdve Date of the Agreement Approved Shop Drawings and the reports and drawings of subsurface and physical condidons axe not Contract Documents. Only printed or hard copies of the hems listed in this paragraph are Contract Documents. Files in electronic media format of text, data, grtqihics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. I I I I4. Asbestos—Any znaterial that contains more than one percent asbestos and is finable or is releasing asbestos fibers into the air above current acdon levels established by the United States Occup^onal Safety and Health Administradon. 5. Bid-Tbt offer or proposal of a bidder submitted on the prescribed form|setdng forth the prices for the Work to be performed. | 6. Bidding Documents—The Bidding Requirements and the proposed Contract Documents Occluding all Addenda issued prior to| receipt of Bids). 7. Biding Requir(ements—The Advertisement or Invitedon to Bid, Instrucdohs to Bidders, Bid securify form, if any, and Ite Bijl form with any supplements. 8. Bonds—Perfonnance and p^ment bonds and other instruments of securi^. I I I13. Contract Price-The moneys payable by OWNER to CONTRACTOR for compledon of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paiagnph 11.03 in the case of Unit Price WorlO*I I14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Substantial Compledon; and (ii) complete the Work so that it is teatfy for payment as evidenced by ENGINEER'S written 9. Change Order^K doraiment recommended \sy necommendadon of final payment. ENGINEER adiich is siffied by CONTRACTOR and OWNER and authorizes jan addtdon, deledon, or revision ' IS. COA/TTMCTOR-The individual or endty with in the Work or an adjustment in die Contract Price or the ' whom OWNER has entered into the Agreeinent. Ii. I I00700-6 I I 16. Cost of the Work-Sec paragraph ll.Ol.A for definitioD. 27. Milestone—A principal event specified in the Contract Documents relating to an intennediate comple­ tion date or »inie prior to Substantial Compledon of all the Work.I 17. Drawings-Tbat part of the Contract Documents prepared or approved by ENGINEER which grs^hically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTACTOR stihmittals are not Drawings as so defined. 2S. Mxice cf Award—Ibt written nonce by OWNER to the apparem successful bidder stating that iq>on timely complia^ by the apparent successful bidder with the condidoDS precedent listed therein. OWNER will sign and deliver the Agreement. I I 18. Effective Date of the Agreement—The date iivtirat^t in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 29. Notice to Proceed—A written notice given by OWNER to CONTRACTOR fixing the date on wdiich the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. I I 19. ENGINEER—The individual or enti^ named as such in the Agreement.30. OWNER—The individual, entity, public botfy, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 20. ENGINEER'S Consultant—An individual or entity having a contract with ENGINEER to furnish services as ENGINEER’S indq)endent professional associate or consultant with respect to the Project and who is identified as such in the Siq>plement^ Conditions. I 31. Pmtih/If/fltvrinn-UsebyOWNERofasubstan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. I 21. Field Order—A written order issued by ENGI­ NEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contraa Times.I 32. PCBs-Polychlorinated biphenyls. 33. Petroleum—Petroleum, including crude oil or any fiaction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and etude oils. I 22. General Requiremeras-Secdons of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. I 23. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances dut may present a substantial danger to persons or property exposed thereto in connection with the Work. I 34. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in die Contract Documents.I 35. Project Manual—The bound documentary informadon prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, . which may be bound in one or more volumes, is contained in the table(s) of contents. 24. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as atncn<t<^ from time to time.I I - 25. Laws and Regulations; Laws or Regulations—As^ and all applicable laws, rules, regulations, ordinaxices, codes, and orders of any and all governmental bodies, agencies, autborides, and courts hav^ jurisdiedon. 26. Liens-^Oiarges, securi^ interests. or encumbrances upon Project funds, real proper^, or personal properly. 36. Ratioactive Material-Saarce, spedal nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.I 37. Resident Project Rqiresentative—The authorized representative of ENGINEER who may be to the Site or asrg part thereof.I I 00700 -7 I Isteam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control ^tems. 38: Sanv’fer—Physical examples of materials, equipment,' or swricmanship are representadve of some portion of tlie Work and which establish the standards by which such portion of the Work will be judged, I I47. Unit Price Worifc-Work to be paid for on die basis of unit prices.39. 5hqp X>nn«vtgs—All drawings, diagrams, illustra­ tions, schedules, and other data or information which are specifiddly prqiared orj assembled or for CON­ TRACTOR and submitted by CONTRACTOR to illustrate some portion of| the Work. 40. Lands or areas indicated in the Contract Documents as being fiurnished 1^ OWNER upon which the Woik is to be porfotmed, including rights-of-way and easements for access thereto, ' and such other lands furnished 1^ OWNER which are designated for the use of CONTRACTOR. | A\. Spedfieqtions—Ttizt part of the Contract Documents consisting of written technical descriptions of materials, equipment, | systems, standard, and workmansh^ as applira to the Work and certain administrative details apjilicable thereto. 42. ^uhconrmcror—^ individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. ! I. 48. Worlir-Tbe entire completed construction or the various sqiarately identifiable parts thereof required to be prorided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all matwriak and equipment into such construction, all as required by the Contract Documents. I I I49. Work Qumge Directive-A written sutement to CONTRACTOR issued on or after the Elective Date of die Agreement and signed by OWNER and recommended 1^ ENGINEER ordering an addidon, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical condidons under which the Work is to be perform^ or to emergendes. A Work Change Direedve will not change , the Contract Price or the Contract Times but is evidence that the patties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequendy issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. I I I I43. Substantial Completion—The time at which the Woric (or a spediBed part thereoO has progressed to the point where, in die qpiniqn of ENGINEER, the Work (or a specified part thereof) is suffidently complete, in accordance with die Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for wiuch it is intended; ‘ The tehns *substaiidally oon^Iete” ^ “substanddly conqileted" as applied to all or part of the Work refer to Substantial Completion thereof. 50. Written Amendment—A written . statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally \rith the nonengineering or nnnti^Jinirai rather than strictiy construction-related aspects of the Contract Documents. I I 1.02 Terminology II AA. Sigtplementary ^Conditions—Tbal part Of the Contract Documents which amends or supplements these General Condidons. ■ A. Iruent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms “as allowed,” ”as approved,” or terms of Uke effect or import are used, or the. adjectives ”teasonable,” ■suitable,” ”accq)table,” “properi” “satisfactory,” or adjectives of Ids'effect or inqwrt are used to describe an . actionordetermmatkmof ENGINEER as to the Work, it is intended diat such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and infotmatibn in die Contract Documents and conformance widi die design . coneqx of the completed Project as a functioning whole as shown or indicat^ in the Contraa Documents (unless there is a specific statemem indicating otherwise). The I 45. Supplier—A manufacturer, fabricator, siqiplier, distributor, matmaiman, or vendor having a direct contract w^ OONTRAGTOR or widi ax^ Stibcontracmr to furnish materials or ^uipment to be mporporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground | Facilities—All ' underground pipelines, conduits, ducts, cables, wires,:: manholes, vaults, tanks, tunnels',- or other such fsdlities or . attachments, and ar^j encasements' contai^ng -such facilities, including there that convqr electrici^, gases. I I I I00700-8 I I ARTICLE 2 - PRELIMINARY MATTERSuse of any such tenn or adjective shall not be effective to assign to ENGINEER any duty or authority to stqiervise or direct the performance of the Work or any duqr or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Doctunehts. I 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. I B. Day I i. The word "day” shall constitute a calendar day of 24 hours measured fiom midnight to the next midnight. 2.02 Copies of Doatmenu A. OWNER shall furnish to CONTRACTOR up to ten copies of die Contraa Documents. Additional copies will be furnished upon request at the cost of reproduction. C. DefectiveI1. The word "defective." when modifying the word "Work,” refers to Work that is unsatisfactory, faul^. or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in die Contract Documents, or has been damaged prior to ENGINEER'S recommendation of final p^rment (unless responsibility for the protection thereof has been a.ssumed by OWNER at Substantial Completion in accor­ dance with paragraph 14.04 or 14.05). I 2.03 Commencementof Contract Tunes; Notice to Proceed A. Tbe Contract Times will commence to tun on the thirtieth dicy after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at ai^ time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to tun later than the axtiedi day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. I I D. Furnish, Install, Perform, ProvideI1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2.04 Starting the Work I A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to nm. No Work shall be done at the Site prior to the date on which the Contract Times commence to nm.I 2. The word "install.” when used in connection widi services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equqmient oonq>lete and ready for intended use. 2.05 B^ore Starting ConstructionIA. CONTRACTOR’S Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR «hall carefully study and compare the Contract Documents and check raid verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly rq>ott in writing to ENGINEER axy conflict, error, ambig^ty, or discrepant which CONTRACTOR may discover and shall obtain' a written interpretation or clarification ftom ENGINEER before proceeding with arqr Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report aiiy E. Unless stated otiierwise in the Contract Documents, conflict, error, ambiguify, or discrq>ancy in the Contract words or phrases which have a well-known t>y»Jinir-al or Documents unless CONTRACTOR knew or reasonably construction industry or trade tn«»-«ning are used in the should have known thereof. Contract Documents in accordance with such recognized caning. 3. The words "perform” or "provide,” when used in connection with services, maters, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.I I 4. When “furnish," "install,” “perform,” or “pro­ vide” is not used in connection with services, materials, or equipment in a context cleariy requiring an obligation of CONTRACTOR, “provide” is implied.I I B. Prelimituuy Sdiedules: Within ten diys after the Effective Date of the Agreement (unless otherwise spedfiedI I 00700-9 I Iin die Geperal Reqtmments), CONTRACTOR shall submit to ENGINEER for its timely review: 1. a.preliminaiy progress schedule indicating the times (numbers ;of days jor dates) for starting and completing the various stages of the Work, including any Milestones spedfied in the ^ntram Documents; 2. a preUminaty sch^ule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal: and 1. The progress sdiedule vdll be accqxable to ENGINEER if it provides an orderly progression of the Woric to completion within arty spewed Milestones and the Contract Times. Such acceptance will not on ENGINEER responsibili^ for the progress schedule, for sequencing, scheduling, or progress of the Woric nor interfere with or relieve CONTRACTOR from CONTRACTOR’S full responsibiliqr therefor. 2. CONTRACTOR’S schedule ofShop Drawing and Sample submittals will be accqitable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR’S schedule of values will be acceptable to ENGINEER as to form and substance if it pro^des a teasdnable allocation of the Contract Price to component parts of the Work. I I I I3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which vdien added together equal the Contract Price and subdi­ vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. | Such prices will include an appropriate amount of overhead and profit applicable to e^ item of Work. I IARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE C. Evidence of lnsurance:\ Before aiqr Work at the Site is started, CONTRACTOR ami OWNER shall each deliver to the other, with copies to es^ additional insured identified in the Supplementary Conditions, certificates of insurance (aixl other evidence of insurance which either ofihiem or any ' additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain.in accordance with Article S. 2.06 Preconstruction Conference I3.01 Inteta IA. The Contract Documents are complementary; what is called for by one is as binding as if call^ for by all. ' IB. It is the intwif of the Contract Documents to describe a functionally oonqilete Project (or part theteoO to be constructed in accordance with the Contract Dooiments. ; Arty labor, documentation, services, materials, or equipment A. Within 20 days after the Contraa Times start to run,' that may reasonably be inferred from the Contraa Docu- but before any Work at the ’Site is started, a conference ments or from prevailing custom or trade usage as beingattended by CONTRACTOrJ ENGINEER, ^ others as required to produce the intended result will-be provided appropriate will be held to eriablish a working understanding whether or not specifically called for at no addition^ cost to among die parties as to the Work and to discuss the. schedules OWNER, referred to: in .paragraph 2.0S.B, procedures for handling Shop Drawings and other submittals^ processing Applications for Payment, and maintaining requited records. I I IC. Clarifications and interpretations of the Contraa Documents shall be issued by ENGINEER as provided in Article 9. 2.07 Initial Aueptarice of Miedutes ■ i ■ . ' ' ' A. Unless othervrise proyidnl in -die Contraa Docu­ ments, at least ten days before submission of die first ■ Application for .Payment a conference attended CON­ TRACTOR, ENGINEER, and othm as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted| in aooordanoe with paragnph , 2.QS.B. CONTRACTOR shaU have an additional tea days to make corrections and adjustments and to conqilete.andi resubmit die sdiedules. No progress paypa^ shall be made to CONTRACTOR until imcepuble sdiethiles are submitted ’ to ENGINEER. I3.02. R^erence Standards A. Standards, Specifications, Codes, Laws, and Regulations I 1. Reference to standards, specifications, manuals, or codes of arty society, organization, or assedatipn,' or to Laws or Regulations, whether such ^ referende te spedfic or by in^Iication, shall mean die standard, specification, mamiaL code, or Laws or Regula­ tions in effea at the time of opoiiig of Bids (or on the Effective Date of die Agreement if diere were no Bids). I I I00700-10 I I except as may be otherwise specifically stated in the Contract Documents. 3.04 AmeiuSng and Suppiematting Coittraa Documents A. The Contract Documents may be amended to provide for additions, deledons, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. I 2. No provision of any such standard, spedficarion, manual or o^c, oc any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall arty such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER’S Consultants, agents, or empltyees any duy or authority to supervise or direct the performance of the Worker arty duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. I B. The requirements of the Contact Documents may be supplemented, and minor variations and deviadons in the Work may be authorized, by one or more of the following ways: (i) tt Field Order; (ii) ENGINEER'S approval of a Shop Drawing or Sample; or (iii) ENGINEER'S written interpretadon or clarificadon. I I 3.OS Reuse of Documents I 3.03 Reporting and Resolving Discrepancies A. CONTRACTOR and any Subcontractor or Siqtplier or other indi^dual or endy performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire aiy dde to or ownersh^ rights in any of the Drawmgs, Specificadons, or other documents (or ct^ies of any thereoO prqtared by or bearing the seal of ENGINEER or ENGINEER’S Consultant, including electronic media edidons; and 00 oot reuse aiy of such . Drawipgs, Specificadons, other documents, or copies diereof on extensions of the Project or any other project without written consent of OWNER and ENGINE^ and specific written verificadon or adapdon by ENGINEER. This prohibidon will survive final payment, compledon, and accq)tance of the Work, or terminadon or compledon of the Contract. Nothing herein «hall preclude CONTRACTOR firom retaining copies of the Contract Documents for record purposes. • ’ A. Reporting Discrepancies I 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguiQ', or discrepancy within the Contract Documents or between the Contract Documents and way provision of any Law or Reguladon applicable to the performance of the Work or of any standard, spedficadon, manual or code, or of any instruedon of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed «dth the Work affected thereby (except in an emergency as required paragraph 6.16.A) until an amendment or supplement to &e Contraa Documents has been issued by one of the mediods indicated in paragraph 3.04; provided, however, diat CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to rq>ort any such conflict, error, ambigui^, or dis­ crepancy unless CONTRACTOR knew or reasonably should ^ve known thereof. I t I I I ARTICLE 4 - AVAILABIUTV OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTSB. Resolving Discrepancies I 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolviqg any conflict, error, ambigui^, or discrquncy between the provisions of the Contract Documents and: 4.01 AvaUabUity of Lands I A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any enc^brances.or restrictions not of general applicadon but spedfically related to use of the Site a. die provisions of any standard, q>edficadon, widi wfaidi CONTRACTOR must conqily in perfomung die manual, code, or instruedon (whether or not specifi- Work. OWNER will obtain in a timely manner and pay for cally incorporated 1^ reference in the Contract easements for permanent structures or permanent changes in Documents); or I existing facilides. If CONTRACTOR and OWNER are unable to agree on entitiitin«»nt to or on die atnmint or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER'S furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. I b. the provisions of any Laws or Reguladons qiplicable to the performance of the Work (unless such an inteipretadon of die provisions of the Contract Documents would result in violation of such Law or Reguladon). I I 00700-11 4.03 Differing Subsurface or Physical ConduionsB. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER’S interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with q>plicable Laws and Regulations. A. Notice: If CONTRACTOR believes that ai^ subsur­ face or i^iysical condition at or contiguous to die Site that is uncovered or revealed either: 1. is of such a nature as to establish that any “techmcal data” on which CONTRACTOR is entided to rely as provided in paragraph 4.02 is materially inaccurate; or C. CONTRACTOR shall provide for all additional lands and access diereto that may be required for temporaiy construction facilities or storage of materials and equipment. 2. is of such a nature as to require a change in the Contraa Documents; or4.02 Subsurface and Physical Conditions 3. differs materially firom that shown or indicated in the Contraa Documents; or A. Reports and Drawings: The Supplementaiy Conditions identify: 4. is of an nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in woik of die character provided for in the Contraa Documents; 1. those reports of exploradons and tests of subsurface conditions at or condguous to the Site that ENGINEER has used in prqiaring the Contraa Docu­ ments; and then CONTRACTOR shall, promptly after becoming aware thereof and before fiitdier disturbing the subsurface or physical conditions or performing aigr Wotic-in connecdon - thoewith (exoqK in an emergen:^ as required by paragrsqih 6.16.A), notify OWNER and ENGINEER in writing about such condidon. CONTRACTOR riiall not further disturb such condidon or perform atiy Work in connecdon therewith (except as aforesaid) undl receipt of written order to do so. B. ENGINEER’S Renew: Afta receipt of written notice as lequitedby paragrsqih 4.03.A, ENGINEER will prompdy review the pertinent coixiidon, determine die necessify of OWNER'S obtaining addidonal explotadon or tests with respea diereto, and advise OWNER in wridng (with a copy to CONTRACTOR) of ENGINEER'S findings and conclusions. 2. those drawings of pl^ical condidons in or relating to existing surface or subsurface structures at or condguous to die Site (excqx Underground Fadlides) that ENGINEER has used in preparing the Contraa Documents. B. Limited Reliance by CONTRACTOR on Techmcal Data Authorized: CONTRACTOR may rely upon the general accura^ of the ”technical data” contained in such rqiorts and drawings, but such reports and drawings are not Contraa Documents. Such *technical data” is idendfied in the Supplementary Condidons. Except for such reliance on such "technical data,” CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER'S Consultants widi respea to: 1. the completeness of such reports and dtaadngs for CONTRACTOR’S purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of constnicdon to be employed by CONTRACTOR, and safefy precaudons and programs incident thereto; or C. Possible Price and Times Adjustmeras 1. The Contraa Price or the Contraa Times, or both, will be equitably adjusted to the extent diat the existence of such differing subsurface or plqrsical condidon causes an increase or decrease- in CONTRACTOR’S cost of, or time required for, perfor­ mance of the Work; subject, however, to the following: . a. such condidon must mea any one or mote of the categories described in paragraph 4.03.A; and b. with respea to Wotk that U paid for on a Unit Price Baris, any adjustment in Contraa Price will be subjea to the provisions of paragraphs 9.08 and 11.03. 2. other data, intetpretadons, opinions, and informadon contained in such* reports or shown or indicated in such drawings; or 3. any CONTRACTOR inteipietadon of or conclusion drawn from any "technical data* or any such other data, inteipretadons, qiinions, or informadon. 00700- 12 I b. locating all Underground Facilities shown or indir^K^ in the Contract Documents, 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if:I c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final oommitmem to OWNER in respect of Contraa Price and Concraa ‘limes 1^ the submission of a Bid or becoming bound under a negotiated contract; or I <L the safe^ and protection of all such Under­ ground Facilities and repairing any damage thereto resulting from die Work.I b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, invesdgadon. eiqiioration. test, or study of die Site and contiguous areas required die Bidding Requirements or Contract Dooiments to be conduct^ by or for CON­ TRACTOR prior to CONTRACTOR'S such final commitment; or I B. Not Shown or Indicated 1. If an Underground Facili^ is uncovered or revealed at or contiguous to the Site i^ch was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents. CONTRACTOR shall, prompdy after becoming aware thereof and before ■ ftirther disturbing condidons affected thereby or performing any Work in connecdon therewith (except in an emergen^ as required by paragraph 6.16. A), identify the owner of sudi Underground FaciliQr and give writira nodce to that owner and to OWNER and ENGINEER. ENGINEER will prompdy review the Underground Facili^ and determine the extent, if any, to which a change is requited in the Contract Documents to reflect and document the consequences of the existence or locadonof the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protecdon of such Underground Facility. I I c. CONTRACTOR failed to give the written nodce within the titne and as required by paragraph 4.03.A.I 3. If OWNER and CONTRACTOR are unable to agree on endtlement to or on the amount or extent, if any, of any adjustment in the Contract' Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER’S Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages Cmduding but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitradon or other dispute resoludon costs) sustained by CONTRACTOR on or in connecdon with any other project or andcipated project. I I I 2. If ENGINEER concludes that a change in the Contract Documents is'required, a Work Change Direcdve or a Change Order be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price of Contract Times, or both, to the extent that they are attributable to the existence or locadon of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accura^ in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have andcqnted. If OWNER and CONTRACTOR are unable to agree on enddement to or on the amount or extent, if ai^, of any such adjustment in Contract Price or Contract Times. OWNER or CONTRACTOR noay make a Claim ' I 4.04 Underground Facilities I A. Shawn or Indicated: The informadon and data shown or indicated in the Contract Documents with respect to existing Underground Facilides at or contiguous to the Site is based on informadon and data furnished to OWNER or ENGINEER by the owners of such Underground Facilides. including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Condidons: I I 1. OWNER and ENGINEER sbaU not be responsible for the accuracy or oonq)leteness of any such therefor as provided in paragraph 10.05. informadon or data; andI 4.05 Reference Points 2. the cost of all of the following wUl be included in the Contract Price, and CONTRACTOR shall have full responsibility for. A. OWNER shall provide engineering surveys to establish reference points for construcdon which in ENGINEER'S judgment are necessary to enable CON­ TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property I a. retiewing and dtecldng all such informadon and data.I 00700- 13I IEnviroiunental Cooditioa, CONTRACTOR shall immedi­ ately: (9 secure or ocherwi^ i»late sudi condhion; (ii) stop all Wotic in connection with such condition and in say area is lost or destroyed or affected thereby (except in an emergenqr as required by monuments, and shall make no changes or telocmions without the prior, ^tten approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property mom requires relocation beause of necessuy changes in grades or paragraph 6.10: and (iii) notify OWNER and ENGINEER locations, and «ha<i be responsible for the accurate* (and promptly thereafter confirm such notice in writing),replacement -or relocation |of such reference points or OWNER s^ promptly consult with ENGINEER cancernhig proper^ monumehts by professionally qualified personnel. the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if say. Imwnt I i I4.06 Hazardous Environmental Condition at Site E CONTRACTOR tbati not be required to resume Work in connection with such condition or in aiqr affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and aiqr affected area is or has been rendered safe for the resumpdon of Work; or 0i) specifying any special conditions under which such Work may be resumed safely. B. Limited Reliance by^' CONTRACTOR on Technical CONTRACTOR cannot agree as to entitlement to or on the Data Authorized: CONTRACTOR mzy rely tqxnt the amount or extent, if any, of any adjustment in Contraa Price general aocura^ of the '‘tecfanicai data” contained in such or Contract Times, or both, as a result of such Work stop- r^rts and drawings, but such rqx>rts and drawir^not page or such special conditions under which Work is agreed CddBtract Documents. Such|*technical data” is ident^ed in to be resumed 1^ CONTRACTOR, either party may make a - die Siqiplementary Condidons. Except for such reliance on Claim therefor as provided in paragraph such "technical data,” CONlRACTpR tn^ not rely tpon or make any Claim against OWNER, ENGINEER or any of ENGINEER’S Consultants with respect to: A. Reports and Dramngs: Reference is made to die Siqiplementary Condidons for die idendficadon of those reports and drawings relating to a Hazardous Environmental Condidon identified at the Site, if arty, dial have been udl'tzed the ENGINEER in the prepatadon of the Contraa Documents. i ! I IIf OWNER and I .i I IF. If after receipt of such written notice CONTRACTOR does not agree to resume si^ Work based on a reasonable belief it is unsafe, or dou not agree to resume such Work under such special condidons, then OWNER may order the pordon of the Work that is in the area aftected by such condidon to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to enddement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either patty may ' make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed 1^ OWNER'S own forces or pdiers in accordance with Article 7. 1. the conqileteness of such reports and drawings, for CONTRACTTOR's I purposes,^including, but not limited to, any aspects of the means, methods, techriiques, sequences and procedures of construction to •be employed by CONTACTOR and safety precautions and programs incident thereto; or .. 2. other data, interpretations, opinions and information contained iri such reports or shown or indicated in such drawir^s; or 3. any CONTRACTOR interpretation of or . conclusion drawn from ^ "technical data” or any sudi other data, interpretations, opinions or information. I I I ■G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless ENGINEER,I. CONTRACTOR, C. CONTRACTOR shall not be responsible for any ENGINEER'S Consultants and the officers, directors.Hazardous Eonronmental bondition uncovered or reveal^ partners, employees, agents, other consultants, and subcontractors of eadi and any of them from and against all claims, costs, losses, and damages Qncluding but not limited to aU fees and charges of engineers, 'aichitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating^ to a Hazardous Environmental Condition, provided that'sudi Hazardous Environmental Coition: (i) was rx>t shown or indicated in die Drawings or Spedfications or identified in D. If CONTRACTOR encounters a Hazardous the Contract Documents to be included within the scope of Environmental Condition or if GONTRACTOR or anyone for die Work, and 09 was not created by CONTRACTOR or Ify whom CONTRACTOR is responsible creates a Hazardous anyone for whom CONTRACTOR is responsible. Nothing Subcontractors, Iat the Site ndudi was riot slmwn or indicated in Drawings or Specifications or identified! in the Contract Doeuments to be widun the scope of the Work.' CONTRACTOR shall be responsible for a Hazardous Envitonntental Condition created with any materials brought to the Site CONTRACTOR, Subcontractors, Suppliers j or anyone else for whom CON­ TRACTOR is responsible j I I I00700-14 I I I in this paragraph 4.06.E shall obligate OWNER to indemnify of paragraph 5.01.B. CONTRACTOR shall within 20 days any individual or entity from and against the consequences of thereafter substitute another Bond and surety, both of which shall comply widi the requirements of paragraphs S.Ol.B anHthat individual’s or entity’s own negligence. 5.02.I H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR sb^ indemnify and bold harmless OWNER ^GINEER ENGINEER’S Consultants, and the officers, directors, partners, eiqdoyees, agents, other consultants, and suboontraoors of each and ucjf of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, anorneys. and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemrufy any i^vidual or entity from and against the consequences of that individual’s or enti^’s own negligence. 5.02 Licensed Sureties and Insurers I A. All Boi^ and insurance required by the Contract Documents to be purchased and maintained hy OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in die juris^ction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualificadons as be provided in the Supplementary Conditions. I I I 5.03 Certificates cf Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each addidonal insured identified in the Supple­ mentary Condidons, certificates of insurance (and other' evidence of insurance requested OWNER or any other addidonal insured) D^ch CONTRACTOR is required to purchase and namtain CONTRACTOR wifh copies to each addidonal insured . idendfred in the Siqiplementaty Condidons, cerddcates of insurance (and othn evidence of insurance requested by CONTRACTOR or any other addidonal insured) which OWNER is required to purchase and maintain. I I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not iiuended to apply to a Hazardous Environmental Condidon uncovered or revealed at the Site. I OWNER shall deliver to ARTICLE 5 - BONDS AND INSURANCE I 5.01 Performance, Payment, and Other Bonds I A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the 5.04 CONTRACTOR'SUabiUty Insurance Contract Price as security for the faithful performance and payment of all CONTRACTOR’S obligadons under the A. CONTRACTOR shall purchase and maintain such Contract Documents. 'These Bonds shall remain in effect at liability and other insurance as is appropriate for die Work least imtil one year after the dale when final payment being performed and as will pro>dde protecdon from claims becomes due, except as provided odierwise by Laws or set forth below which may arise out of or result from Reguladons or by the Contract Documents. CONTRACTOR CONTRACTOR’S performance of the Work and shall also furnish such other Bonds as are required by the CONTRACTOR’S other obligadons under the Contract Contract Documents. Documents, whether it is to be performed, by CONTRACTOR any Subcontractor or Scalier, or B. All Bonds shall be in the form prescribed by the anyone directly or indirecdy employed any of them to Contract Documents except as prodded otherwise 1^ Laws perform any of the Work, or 1^ anyone for whose acts any or Reguladons, and shall be executed by such suredes as are of them may be liable: named in the current list of “Companies Holding Cetdficates of AuthoriQr as Aocqitable Suredes on Federal Bonds and as - 1. claims under workers'compensadon, disability Aocqxable Reinsuring Conqianies” as published in Circular benefits, and other similar employee benefit acts; 570 (amended) 1^ the Financial Managonent Service, Sure^ Bond Brandi, U.S. Dqiartment of the Treasury. All Bonds signed by an agent must be aooonqianied a certified copy of such agent's authority to act. I I I I I 2. claims for damages because of bodily injury, occiqiadonal sickness or disease, or deadi of CONTRACTOR'S employees;I C. If the surety on any Bond furnished CON­ TRACTOR is declared banknqit or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements 3. claims for damages because of bodOy injury, sickness or disease, or death of any person other than CONTRACTOR'S employees;I I 00700 - IS I correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance. and aay insurance coverage written on a claims-tnade basis, remain in effect for at least two years after final p^ment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supple­ mentary Conditioos, to whom a certificate of insurance has been issued, evidence saiisfaaoty to OWNER and any such additional insured of continuation of such insurance at final paymem and one year thereafter). 4. claims for damages insured by reasonably available persoml injury liabQiiy coverage which «e sus­ tained: (0 ^ person as a result ofan offense directly or indir^y relat^ to the employment of such person by CONTRACTOR, or (ii) by any other person for any. ^er reason; 5. claims for damages, other than to the Work itself, because of injury I to or destruction of tangible propet^;.wfaetever located] including loss of use resulting therefiom; and. I I I I6. claims for damages because of bodily injury or death of any persrm or proper^ damage arising out of the S.OS OWNER'S Liability Insurance ownership, maintenance or use of any motor vehicle.IA. In addition to the insurance required to be provided' by CONTRACTOR under paragraph S.04, OWNER, at OWNER'S t^xion, may purchase and maintain at OWNER'S expense OV^ER's own liability insurance as will protect OWNER against rfaims whidi may arise from operations under the Contract Documents. B. The policies of insurance so required by this paragraph S.(M to be purchased and maintained shall:ii1. widi tespea to insurance required by paragraphs 5.04.A.3 through 5.04.A.6. inclusive, indude as additional insureds (subjea to any customa^ exclusion in respect of professional li^ility) OWNER. ^GINEER, ENGINEER'S Consultants, and any other individuals or cotides identified in the Stq^lementajy Conditions, all of whom shall be Usted as actional insurdls, and indude I5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain proper^ insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Condidons or required by Laws and Regulations). This insurance shall: I coverage for the respective officers, directors, partners, enq>lpyees. agents, and other . consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; i I1. include the interests of OWNER, CONTRAC­ TOR, Subcontractors, ENGINEER, ENGINEER'S Consultants, and any other individuals or entities identi­ fied in die Siqiplenumiary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and asty of diem, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; . 2. include at least the specific coverages and be written for not less dian the Umits of liability prodded in the Siqiplementary Condidons or required ^ Laws or Reguladons, whi(±ever jis greater; I I■ 3. include comple^ operadons insurance; 2. be written on a Builder’s Risk “all-risk" or open peril or spedal causes of loss policy form that shall at least include tnsutanoe for physical loss or damage to the Work, tenqiorary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightrdng. exteitded coverage, theft, vandalism and malicious itdschief, earthquake, oolbqtse, debris removal, demolidon occasioned by enforcement of Laws and Reguladons, water damage, and such other perils or causes of loss as may be spedfically required by the Siqiplementary Condidons; 3. include expenses incurred in die rqiair pr rqilaoement of any insured property (including not limited to fees and charges of engirmers and architects); 4. iriciude contractual liabiliy Losufahce covering CONTRACTOR’S V indemnity obligadons under para- gnqihs 6.07, 6.11, and (S.20;I ! I5. contain a provision or endorsemem that the coverage afforded udll not be canceled, materially duinged or renewal refused until at least thiry days prior written nodbe has been given to OWNER and CONTRACTOR and m each other addidonal insured identified in the Siqqil^entary Condidons to whom a certificate :of insurance has been' issued (and the certificates of msunmce' funiish^ by the CONTACTOR pursuant to paragraidi 5.03 drill so provide); 6. remain in eff» at least umil final pyment and at xdl times thereafter when CONTRACTOR may be I I; I I00700- 16 I I 4. cover materials and equipment stored at the Site at the She, OWNER shall in writing advise CONTRACTOR or at another location that was agreed to in writing whether or not such other insurance has been procured OWNER prior” to being incorporated in the Work, OWNER, provided t^t such materials and equipment have been inrhiA-rf in an Application for Payment recommended by 5.07 Waver cf Rights ENGINEER: I A. OWNER aixl CONTRACTOR intend that all policies 5. allow for partial utilization of the Work purchased in accordance with paragraph 5.06 will protect OWNER;I OWNER. CONTRACTOR, Subcontractors, ENGINEER, ENGINEER’S Consultants, and all other individuals or entities identified in the Siqtplementaiy Conditions to be listed as insureds or addition^ insureds (and the officers, 7. be maintained in effect tinril final payment is directors, partners, employees, agents, and other consultants made unless otherwise agreed to in writing by OWNER, and subcontractors of each and any of them) in such policies CONTRACTOR, and ENGINEER with 30 days written and will provide primary coverage for all losses and damages notice to each other additional insured to whom a certifi­ cate of insurance has been issued. I 6. include testing and startup; and I caused by the perils or causes of loss covered thereby. All such policies shall ocmtain provisions to the effect that in die event of payment of any loss or damage the insurers will B. OWNER shall purchase and mamtain sudi boiler and have no rights of recovery against any of the insureds or machinery insurance or addidonal proper^ insurance as may additional insureds thereunder. OWNER and CONTRAC- be required by the Supplementary Conditions or Laws ar^ TOR waive all limits against each other and their respective Regul^ons which will include the interests of OWNER, officers, directors, partners, employees, agents, and odier CONTRACTOR, ENGINEER’S Consultants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be I I ENGINEER, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from ar^ of tiie perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all - such rights against Subcontractors, ENGINEER, ENGINEER’S Consultants, and all other indi^duals or entities identified in the Supplemen­ tary Conditions to be listed as insureds or additional insureds (arid the officers, directors, partners, employees, agents, and Subcontractors. I I listed as an insured or additional insured. C. All the policies of insurance (and the certificates or other evidence thereoO required to be purchased and maintained in accordance with paragraph S.06 will contain a provision or endorsement that the coverage afforded will rx>t other consultants and subcontractors of each and any of thenO be canceled or materially changed or renewal refused tmril at under such policies for losses and damages so caused. None least 30 d^ prior written notice has been given to OWNER of tiie above waivers shall extend to the rights that any party and CXINTRACTOR and to each other additional insured to making such waiver may have to the proceeds of insurance whom a certificate of insurance has been issued and will held by OWNER as trustee or otherwise payable under aity contain waiver provisions in accordance with paragraph 5.07. policy so issued. I I I B. OWNER waives all ri^bts against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER’S Consultants, and the officers, directors, partners, employees, agents, aitd other D. OWNER shall not be responsible for purchasing and mnintaining property insurance specified in tiiis paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of aity consultants and subcontractors of each and any of them for: deductible amounts that are identified in tiie Siqiplementary Conditions. The risk of loss within such identifi^ deductible I I 1. loss due to business intemqition, loss of use, or ' other consequential loss extending b^ond direct itii}rsical loss or damage to OWNER’S property or the Work caused by, arising out of, or resulting from fire or other pdril vdietfaer or not insured by OWNER; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered tty any property insurance maintained on the conqileted Inject or part thereof by OWNER during par^ utilization pursuant to paragr^ 14.05, after Subs&uitial Completion amount will be borne by CONTRACTOR, Subcontractors, or otiiers suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purdiaser’s own expense.I I E. If CONTRACTOR requests in writing that other special insurance be included in tiie property insurance policies provided under paragraph 5.06, OWNER shall, if possible, inchide such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencemern of the WorkI I 00700-17 I puiiniaflt to paragraph 14.04, or after final payment of such party by the Contract Documents, such party shall notify the other party in writing of such ftdlure to purchase prior to the start of the Woric, or of such failure to maintain C. Any insurance policy tT»a;ntain<«ri by OWNER cover- prior to any change in the required coverage. Without ing any loss, damage or consequential loss referred to in prejudice to aqy other right or remedy, the other party may paragraph 5.07.B «hall containjprovisions to the effect that in elect to obtain equivalent Bonds or insurance to protect such the event of payment of any such loss, damage, or other party's interests at the expense of the patty who was ' consequential loss, 'tiie insurers will have no tights of required to provide such coverage, and a Change Order shall recovery against ^NTRACTOR, Subcontractors, be issued to adjust the Contract Price accordingly. ENGINEER, or ENGINEER’S Consultants and the officers, directors, partners, emplt^eesj agents, and other consultams and subcotaractors of ea^ anid any of tiiem. S.08 Receipt and Application of Insurance Proceeds Ipursuant to parag^h 14 .Oj?. il -!I 5.10 Partial Utilization. AdounAedgment of Property Insurer I A. If OWNER finds it necessary to occiqy or use a portion or portions of the Work prior to Substantial A. Any insured loss under the policies of insurance Completion of all the Work as provided in paragr^h 14.05. required by paragraph 5.06 will be adjusted witii OWNER no such use or ocaq)ancy shall commence before the insurers and made payable to OWNER as fidiidary for tile insureds, providing the properfy insurance pursuant to paragr^h S.06 as tiieir interests may appear,| subject to the requirements of have acknowledged notice thereof and in writing effected any any applicable mortgage clause and of paragraph 5.08.B. changes in coverage necessitated thereby. The insurers OWNER shall deposit in a separate account joiy mon^ so providing the piopetfy insurance shall consent by endorse- received and shall distribute it in accordance with such agree- ment on the policy or policies, but the property insurancemeet as the parties in mtetestjmay readi. Ifno otiier special shall not be canceled or permitted to Uqise on account of any agreement is reached, the dainaged Work shall be rqiaired or such partial use or occupancy, replaced, tiie mon^ so received applied on acooum thereof, and Ae Work and the cost thereof covered 1^ an appropriate Change Order or Written Arnendment. I I I I ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES IiB. OWNER as fiduciat>r shall have power to adjust and settle any loss with the insurers unless one of the parties in 6.01 Supervision and Superintendence interest shall object in writing within 15 days, after the occurrence of loss to OWNl^’s exerdse of this power. If A. CONTRACTOR shall siqtervise, inspect, and direct . such objection be made, OWNER as fiduciary shall make the Work competently and efficiently, devoting such attention setd^ent with die insurers hr accordance with such thereto and applying such skills and e^rtise as may be agreement as the parties in interest nuy reach. If no such necessary to perform the Work in accordance with the agreement among the partieism interest is reached, OWNER Contr^ Documents. CONTRACTOR shall be solely . as fiduciary shall adjust and settle the loss witii the insurers responsible for the means, methods, techniques, sequences, and, if required m writing by any party in interest, OWNER and procedures of construction, but CONTRACTOR shall as fiduciary shall give bond for the proper performance of not be responsible for the negligence of OWNER orsuch duties'. I ENGINEER in the design or specification of a specific j ' means, method, technique. ■ sequence,-^eb-procedure of S.09 Acceptance of Bdruls and Insurance; Option to constnuxion whid is shown or indicated in and eiqiressly required by the Contract Documents. CONTRACTOR dull be responsible to see that the completed Work conqilies A. If either OWNER or CONTRACTOR has any accurately with the Contract Documents, objection to tiie coverage: afforded or other provisions of the Bonds "or insurai^ [required to be purchased and maintained by tiie otiier jurfy in acooidance with Article 5 on the basis of non-confornunoe with the Contract Documents, the bbjectiqg i»ny shall so notify tiie odier party in writing witi^ 10 days after reoefyt of the certificates (or otiier evidence riequestetO requir^ by paragnq>h 2.QS.C. OWNER and CONTRACTOR shall eadi provide to tiie otiier such additxnal naformation in resqied of insoiaiioe provided as the other nuy reasonably request. If eitiier parfy does not purchase or maintain all of the Btmds and insurance required I I I IReplace .1 I B. At all tunes during the progress of the Work, CONTRACTOR shall assign a competent resident superin­ tendent thereto who shall not be p^laced without written notice to OWNER and ENGINEER tdicept under extraordinary circumstances. The superintendjent will be ' CONTRACTOR’S rqiresentative at the Site ahdd^ have authorify to act on behalf of CONTRACTOR. All conmnmications given to or reodved finc^ tiie superintendeat shaU be bindiitg on CONTACTOR. I I I 00700-18 I•• I'. I I ' any provisions of the General Requirements applicable thereto. 6.02 Labor; WoHgng Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as reqiured by the Contract Documents. CON­ TRACTOR shall at all times maintain good discipline and order at the Site. I 2. Proposed adjustments in the progress schedule that will dia^ the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. I B. Except as otherwise required for the safety or protection of persons or the Work or proper^ at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Wo^ at the She shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal bolidt^ without OWNER’S written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. I 6.05 Substitutes and "Or-Equals " I A. Whenever an item of material or equqtment is specified or described in the Contract Documents fay using the name of a proprietary item or the name of a particular Supplier, the spe^cation or description is intended to esublish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading diat no like, equivalent, or “or-equal” item or no subsdtudon is permitted, other items of material or equipment or material or equipmern of other Suppliers may be submitted to ENGINEER for review under tte circum­ stances described below. I 6.03 Services. Materials, and EquipmentIA. Unless otherwise specified in the General Re­ quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, beat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. I 1. ’’Or-Equal’’ Items: If in ENGINEER’S sole discretion an item of material or equipment proposed by CONTRACTOR is fimctionally equal to that named and sufficieotly similar so that no change in related Work will be required, it may be considered by ENGINEER as an “or-equal” item, in wdiich case review and qiproval of the proposed item may, in ENGINEER’S sole discretion, be acconqilished without conqiliance with some or all of the requirements for q>proi^ of proposed substitute items. For the purposes of tills paragrtqih 6.0S.A.1, a proposed item of material or equipment will be considered fimctionally equal to an item so named if: I I B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents.I All warranties and guarantees specifically called for by the Specifications shall e:q>ressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furni^ satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in tte Contract Docu­ ments. I a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; ^) it will reliably perform at least equally well the function imposed by the design concein of the completed Project as a functioning udiole, and; I I 6.04 Progress Schedule b. CONTRACTOR certifies that:® there is no increase in cost to the OWNER; and (ii) it wfll conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. I A. CONTRACTOR dall adhere to the progress schedule established in accordance widi paragraph 2.07 as it may be adjusted from time to time as provided below.I 1. CONTRACTOR shall submit to ENGINEER for accqitance (to the extent indicated in paragrtqih 2.07) proposed adjustments in the progress schedule that will not result in changi^ the Connact *nmes (or Milestones). Such adjustments will conform generally to die progress schedule then in effect and additionally will comply with 2. Substitute Items I a. If in ENGINEER’S sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an “or-equal” item underI00700- 19 required the Contract Documents, CONTRACTOR may furnish or titiiira a substitute means, method, technique, sequence, or procedure of construction ^tproved by ENGI* NEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER'S sole discretion, to that die substitute proposed is equivalent to diat expressly called for by the Contract Documents. The proce­ dure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2. C. Engineer’s Evahuaion: ENGINEER will be allowed a reasonable rime within which to evaluate each proposal or submittal m«He pursuant to paragraphs 6.0S.A and 6.0S.B. ENGINEER wiU be the sole judge of acoeptabmty. No "or-equal” or substitute will be ordered, installed or utilized until ENGINEER’S review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal.” ENGINEER will advise CONTRACTOR in writing of any negative determination. paragnqA 6.0S.A.1, it will be considered a proposed substitute hem. b. CONTRACTOR shall submit sufficient . information as provided below to allow ENGINEER to that die hem of material or equipment proposed is essentially equivalent to diat named and an acceptable substitute therefor. Requests for review of proposed substimte items of material or equqiment will not be accqKed by ENGINEER from anyone other than CONTACTOR. c. The procedure for review by ENGINEER will be as set forth in paragraph ti.0S.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is qipropriate under die circumstances. d. CONTRACTOR shall first make written tq^lication to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that spedSed, and be suited to the same use as that qiecified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR'S achievement ■ of Substantial Completion on time, sthether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of ai^ other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and vrfiether or not incoiporation or use of the proposed substitute item in connection with die Wotk is subject to payment of ai^ license fee or toyalfy. All variations of the pro­ posed substitute item from that specified will be identified in the application, and available engineering, sales, mnintwianr#*^ repair, and replacement services will be indicate. The application will also conuun an itemized estimate of all costs or credits that will result directly or indi- reedy from use of such subfritute item, including costs of redesign and claims of ot^ contractors affected by any resulting change, all of vrtiidi will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CON­ TRACTOR to furnish additional data about the pro­ posed substimte item. D. Special Guanutiee: OWNER may require CON­ TRACTOR to furnish at CONTRACTOR’S expense a special performance guarantee or other surety with respea to any stibstitute. E. ENGINEER’S CostRdmbwrsement: ENGINEER will record time required by ENGINEER and ENGINEER'S Consultants in ei^uating substitute prcqiosed or submitted by CONTRACTOR pursuant to paragtqibs 6.05.A.2 and 6.0S.B atiH in malfing changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for wotk on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER’S Consultants for evaluating each such proposed substitute. F. CONTRACTOR’S Expense: CONTRACTOR shall provide all data in support of any proposed substimte or “or-equal” at CONTRACTTOR's eiqiense. 6.06 Concerning Subcontractors. SiqjpUers, and Others ■ A. CONTRACTOR shall not employ axiy Subcontractor, Siqiplier, or odier individual or entify (including those acceptable to OWNER as indicated in paiagtaqdi 6.06.B), wbedier initially or as a rqilaoement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be recpiired to enqiloy aiqr Subcontractor,- Supplier, or other individual or entify to furnish or perfonn any of the Work against adiom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identify of certain Subcontractors, Suppliers, or other individuals or I B. Substitute Consmicdm Methods or Procedures: If a spedfic means, metirnd, technique, sequence, or procedure of construction is shown or indicated in and eqiressly 00700-20 I I eoiities to be submioed to OWNER in advance for acceptance or Stqtplier which specifically binds the Subcontractor or by OWNER a specified date prior to the Effective Date of Supplier to the applicable terms and conditions of die the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Siqiplementaiy Conditions, OWNER'S acceptance (either in writing or failing to make written objection thereto the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entiQr so identified xmqr be levo^ on the basis of reasonable objecdon after due investigation. CON* TRACTOR shall submit an accqitable replacement for the rejected Subcontractor, Supplier, or ot^ individual or entity, and the Contract Price will be adjusted by the differ* ence in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written 'Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Stqiplier who is listed as an aWrfitintiai insured on the property insurance provided in paiagrt^h S.06, the agreement between the CONTRACTOR' and ^ Subcontractor or Supplier will contain provisions whereby the Subcontractor or Siqiplier waives all rights against OWNER CONTRACTOR, ENGINEER ENGINEER’S Consultants, and all other individuals or entities kientified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other proper^ insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRAC* TOR will obtain the same. I I I I I I C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts arxl omissions of the 6.07 Patent Fees and Royalties Subcontractors, Stqipliers, and other individuals or entities performiqg or furnishing any of the Work Just as CONTRACTOR is responsible for CONTRACn'OR’s own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationriiip between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or enti^, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or ' performance of the Work and if to the actual knowledge of to see to the payment of any mon^s due ai^ such Subran- OWNER or ENGINEER its use is subject to patent rights or tractor. Supplier, or other individual or entity except as may copyrights, calling for the payment of any license fee or royalty to others, tiie existence of such rights shall be disclosed by OWNER in the Contract Documents. To the D. CONTRACTOR shall be solely responsible for fullest extent permitted by Laws and Regulations, scheduling and coordinating the Work of Subcontractors, CONTRACTOR «baH indemnify and hold harmless Siq)pliers, and other individuals or entities performing or . OWNER ENGINEER ENGINEER’S Consultants, and the furnishing any of the Work under a direct or indirect contract officers, directors, partners, employees or agents, and other. consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited E. CONTRACTOR shall require all Subcontractors, * to all fees and charges of en^heets, architects, attorneys, and Suppliers, and such other individu^ or entities performing other professionals and all court or arbitration or other or furnishing any of the Work to communicate with ENGI* ' dispute resolution costs) arising out of or relating to aiqr NEER through CONTRACTOR I . A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the • performance of the Woik or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent ri^ts or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contact Documents for use in the I I I otherwise be required by Laws and Regulations. I I with CONTRACTOR. I . infringement of patent ri^its or copyri^its incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents.I F. The divisions and sections of the Specifications and the identifications of any Dravrings shall not control CONTRACTOR in dividing the Work among Subcontractors or Siqipliers or delineating the Work to be performed by any specific trade.I 6.08 Permits A. Unless otherwise provided in the Supplementary G.' All Work performed for CONTRACTOR by *■ Conditions, CONTRACTOR «haii obtain and pty for all Subcontractor or Supplier will be pursuant to an appropriate construction permits and licenses. OWNER assist agreemem between CONTRACTOR and the Subcontractor CONTRACTOR when necessary, in obtaining such permitsI I 00700*21 I Iand licenses. CONTRACTOR shall pay all govenunental cfaazges and inspection fees necessaiy for the prosecutioa of the Woik wdiich are applicable at the dme of qtening of Bids, or, if: there are no Bids, on the Effecdve Date of the Agreemem. CONTRACTOR shall pay all charges of udli^ owners for connections to the Work, and OWNER shall pay all charges of such udliiy qvynners for capital costs related thereto, such as plant investment fees. 6.09 Regulations A. CONTRACTOR shall give all notices and conq>ly widi all Laws aoA Regulations !^>plicable to the performance of the Work. Excq>t where otherwise e^qiressly required by applicable Laws and Re^ladohs, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR’S compliance' with any Laws or Regulations. unreasonably encumber the Site and other areas with construction equipment or other materials or equqimem. CONTRACTOR shall assume fttll responsibili^ for any damage to ai^ such land or area, or to the owner or occupant tbereoL or of any adjacent land or areas resulting from the performance of die Work. It: I2. Should ariy be made by any sudi owner or of the performance of the Work, CONTRACTOR shall prpnqitly settle with such other party by negotiation or otherwise resolve the claim by arbitration or othu dispute resolution proceeding or at I law. I3. To the fullest extent permitted by Laws and RegulaUons, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER’S Consultant, and the officers, directors, partners, enqilpyees, agents, and other consultants of each and aiqr of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges IB. If CONTRACTOR performs ai^ Work knoudng or having reason to know tlut it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and ; of enpneers, ardiitects, attorneys, and odier professionals charges of engineers, architects, attorneys, and odier professionals and all court or arbitration or other dispute resolution costs) arising outjof or relatmg to such Work; however, it shall • not, be -CONTRACTOR’S primary responsibilify to m^e : certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTr!aCTOR of CONTRACTOR'S obligations under paragraph 3.03. I and all court or aibitration or odier dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by ar^ such owner or oocnpanf against OWNER, ENGINEEl^ or any other party indemnified heretmder to the extent caus^ by oi' based upon CONTRACTOR'S performance of the Work. iI I-I B. Removal of Debris During Performance of the Work Duriqg the progress of the Work CONTRACTOR shall keep C. Changes in Laws or Regulations riot known at the the Site and other areas free from accumulations of waste time of opening of Bids (or, on the Effective Date of the materials, rubbish, and other debris. Removal and disposal Agreement if there were no Bids) havirig an effect on die cost of such waste materials, rubbish, and other debris sh^ Con­ or time of perfonnance of the Woric m^ be the subject of an form to applicable Laws and Regulations, adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR.are unable to agree on entitiemeot to or on the amount or ejnent; if any, of any such adjustment, a Claim niay be made therefor u provided in paragraph 10.05. I I C. Cleaning: Mor to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all- properfy not designated for alteration by the Contract Documents. I I6.10 Taxes j A. CONTRACTOR sh^l pay all sales, consumer, use, and other similar taxes required to be paid by CONTRAC­ TOR in accordance with the Laws and Regulations of the place of the Project whi^ are applicable during the performimceofthe Work, j 6.11 Use of Site and Other Areas A. Umitadon on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, die storage of materials and equ^ment, and die operations'of workm to the Site and other areas permitted by Laws arid Regulations, and shall riot i ID. Loading Structures: CONTRACTOR shall not load nor permit aiy part of any structure to be loaded in any manner Aat endanger the ^ structure, nor shall CONTRACTOR subject any part of the Work or adjacent properfy to stresses or pressures that will endanger it. I I6.12 Record Documents IA. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work II00700-22 I I responstbflides for safeQr and for protection of foe Work /■rtfititnia until «■“* tune as all the Work is completed and ENGINEER has issued a notice to OWNER* and CONTRACTOR in accordance with paragr^h 14.07.B that foe Work is acceptable (except as ofoetwise expressly provided in connection with Subaantial Completion). Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all improved Shop Drawings will be available to ENGINEER for reference. Upon completion of foe Work, these record documents. Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. I I 6.14 St^ety Rq>resentadve A. CONTRACTOR shall designate a qualified and experienoed safo^ iqnesentative at foe Site wb^ duties and responsibilities shall be the prevention of accidents and foe maintaining and supervising of safety precautions and programs. 6.13 Setfay and ProtectionIA. CONTRACTOR shall be solely responsible for initiating, maintaining and Supervising all Safety precautions and programs in connection with foe Work. CONTRACTOR shall take all necessary precautions for foe safety of, and shall provide foe necessary protection to prevent damage, injury or loss to; I 6. IS Hazard Communication Programs I A. CONTRACTOR shall be responsible for coordinating any exchange of material safe^ data sheets or other hazard communication information required to be made available to or exchanged between or among employers at foe Site in accordance with Laws or Regulations. 1. all persons on foe Site or who may be affected by foe Work;I 2. all foe Work and ntaterials and equipment to be incorporated therein, wbefoer in storage on or off foe Site; andI 6.16 Emergencies A. In emergencies affecting foe safety or protection of persons or foe Work or property at foe Site or adjacent thereto, CONTRACTOR b obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that arty significant changes in foe Work or variations from foe Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER . determines that a change in foe Contract Documents b required because of foe action takim 1^ CONTRACTOR in response to such an emergency, a Wotk Change Directive or Change Order will be issued. 3. other property at foe Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in foe course of construction. I I B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to foe safety of persons or property, or to foe protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safe^ and protection. CONTRACTOR shall notify owners of adjacent proper^ and of Underground Facilities and other utility owners when prosecution of the Woik may affect them, and riiall cooperate with them in foe protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any proper^ referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, dir^y or indirectly, in wtole'or in part, by CON­ TRACTOR, any Subcontractor, Siqrplier, or any ofoer individual or enti^ directly or indirectly employed 1^ aiqr of foem to perform any of foe Wotk, or anyone for vfoose acts any of foem may be liable, shall ber remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to foe acts or omissions of OWNER or ENGINEER or ENGINEER’S Con­ sultant. or anyone enq>loyed by any of them, or anyone for whose acts any of foem may be Uable, and not attributable, directly or indirectly. In whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or ofoer individual or entity dir^y or indireedy employed by any of them). CONTRACTOR’S dudes and I I 6.17 Shop Drawings and Sanities A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with foe accq>table schedule of Shop Drawings and Sanqile submittab. All submittab will be identified as ENGINEER may require and in the number of copies specified in the General Requiremenb. The data shown on the Shop Drawings will be oonq>lete with respect to quanddes, dimen­ sions, specified performance and design criteria, mate'riab, and similar data to show ENGINEER foe services, tnateriab, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review foe informadon for foe limited purposes required by paragrq>h 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER fx review and approval in accordance with the acceptable schedule of Shop Drawings and Sample I I I I I I 00700-23 ;. I Isubmittals. Each Sample will be identified cleariy as to S^i^lier._ pertinent data sodi as catalog numbers, and die use fir whid inteodi^ and otherwise as ENGINEER m^ reqi^ to doable ENGINEER to review die submittal fbr die limited purposes required by paragraph 6.17.E. The numbers df each Sample to be subtni^ will be as specified in die Specifications. ' C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sanqile subniittals'acoqitable to ENGINEER as required by paragnqih 2.07, ai^ related Work performed prior to ENGINEER’S rmew and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submitted Procedures ■ Drawing and .Sample submitted to ENGINEER for review and approval of each such variation. )rE. ENGINEER'S Review I! 1. ENGINEER will timely review and approve Shop Drawiiigs and Samples in accordance with the schedule of Shop Drawings and Sample submittals aooqxable to ENGINEER. ENGINEER'S review and approval will be only to determine if the items coveted by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with die design concept of the completed Project as a functioning vdiole as indicated by the Contract Documents. 2. ENGINEER’S review and approval will not extend to means, methods, techniques, sequences, or procedures, of consuuction (exoqit where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Docurnents) or to safety precautions or programs incident thereto. The review and approval of a sqiarate item as such will not indicate approval of the assembly in which the item functions. !I ! I I II1. Before Emitting eadi Shop Drawing or Saixqile, CONTRACTOR shall have determined and verified: a. all fidd measurements, quantities, dimen­ sions, specified perfomumce criteria, installation requirements, materials, catalog numbers, and sircar mfonnation with respect thereto; b. all materials with respect to intended use, fabrication, shipping/handling, storage, assembly, and installation pertmning to the performance of the Work; I<4 I 3. ENGINEER’S review and approval of Shop Drawings or Samples «hall not relieve CONTRACTOR from responsibility for any variation from the require­ ments of the Contract Documents unless CONTRACTOR has in writing called ENGINEER'S attention to each such variation at the ritna of each submittal as required by paragra{^ 6.17.D.3 and ENGINEER has given written approval of each such variation by. specific written - notation thereof incorporated in or accompanying the Shop Drawing or Sanple apptoval; iior will aqy approval by ENGINEER relieve CONTRACTOR .from responsibility for complying with the requirements of paragraph 6.17.D.1. I Ic. dl informa^on relative to means, methods, techniques; sequraces, and procedures of construc­tion and ^e^ precautions and programs incident thereto; and I d. CONTRACTOR shall also have redewed and coordiriated each Shop Drawing or Sanqile with other Shop Drawings and Samples and with the requirements of die Work and the Contract Docu­ ments. I IF. Resubmittal Procedures 1. CONTRACTOR shall make oorrections required by ENGINEER and rfmil return the required number of . corrected copies of Shop Drawings and submit as required new Samples for review and approval..CON­ TRACTOR shall direct spedfic attention in writing to revisions other than the corrections called for by BNGI-. NEER on previous submittals. 2. &ch submittal shall b^ a static or specific writt^ indication tbit CONTRACTOR has satisfied CONTRACTOR’S obligations under the Contract Documents vdtii respect to CONTRACTOR’S review and iqqiroval of that submittal. I i3. At the time of each submittal, CONTRACTOR shall give ^GINEERj specific written notice of such variations, if ai^,:;'tiut the Shop lowing or Siunple 6.18 Continuing the Work submitted may have'from the requirements of die Confr^ Documents, sti^ potioe to be in a written com- imihication separate fifoin tte submittal; and, hi additioii. to the progress schedule during all disputes or disagreement shall cause a specific notation to be Diade on each Shop with OWNER. No Wbric shall be delayed or postpor^ I pending resolution of any disputes or disagreeinents, excc^ I I1 A. CONTRACTOR shall cany on the Woric and adhere I I00700-24 u permitted by paragraph 15.04 or as OWNER and and against all claims, costs, losses, and damages (including CONTRACTOR may otherwise agree in writing. but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or 6.19 CONTRACTOR’S General Wananry and Guarantee arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any A. CONTRACTOR warrants and guarantees to such claim, cost, loss, or damage: OWNER. ENGINEER, and ENGINEER'S Consultants that an Work wiU be in aoooidanoe with the Contract Documents and win not be defective. CONTRACTOR'S warramy and guarantee hereunder excludes defects or damage caused 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or desmicdon of tangible proper^ (other than the Work itself), tneluding die loss of use resulting therefrom; and 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Sub­ contractors. Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. is caused in whole or in part 1^ airy negligent aa or omission of CONTRACTOR, any Subcontractor, any Supplier, or ai^ individual or entity directly or indirectly employed any of them to perform ar^ of die Work or anyone for udiose acts any of them m^ be liable, regardless of whether or not caused in part by a>^ negligence or omission of an individual or end^ indem­ nified hereunder or whether liability is imposed tyon such. indemnified party by Laws and Regulations regardless of the negligence of uxy such individual or entity. 2. normal wear and tear under normal usage. B. CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR'S obligation to perform the Work in accordance with the Contract Documents:I B. In aiiy and all claims against OWNER or ENGINEER or any of Aeir respective consultants, agents, officers, directors, partners, or employees by any emplt^ee (or the survivor or personal representative of such employee), of CONTRACTOR, any Subcontractor, any Supplier, or any individual or enti^ dhecdy or indirectly eoqtloyed 1^ any of diem to perform any of the Work, or anyone for whose acts any of Aem may be liable, the indemnificadon obligadon under paragraph 6.20. A shall not be limited in aiiy way any limitadon'. on the amount or type of damages, ooihpensadon, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or endty under woficers' compensadon acts, disability benefit acts, or other employee be^fit acts. I 1. observadons by ENGINEER; 2. recommendadon ENGINEER or payment by OWNER of any progress or final payment;I 3. the issuance of a certificate of Substantial Compledon by ENGINEER or any payment related thereto by OWNER;I 4. use or occupancy of the Work or airy part diereof by OWNER;I C. The indemnificadon obligadons of CONTRACTOR under paragraph 6.20.A shall not extend to^e liabili^ of - ENGINEER and ENGINEER'S Consultants or to die officers, directors, partners, employees, agents, and other consultants and subcontractors of each and ar^ of diem arising out of: 5. arty aocqitance by OWNER or any failure to do I so; 6. any review and approval of a Shop Drawing or San^le sulnnittal or die issuance of a notice of aooqxabil- iqr ly ENGINEER;I 1. the ptepatadon or qiproval of, or the failure to prqtare or approve, maps. Drawings, opinions, rqiorts, surveys, Ch^e Orders, designs, or Specificadons; or 7. ai^ inspecdon, test, or approval by others; orI8. esty conecdon of defective Work 1^ OWNER. I 2. giving direcdons or instruedons, or foiling to give them, if that is the primaiy cause of the injury m 6.20 Indemnification A. To die fullest extent pemutted Laws and Regula- dons, CONTRACTOR shall and hold harmless . OWNER. ENGINEER, ENGINEER'S Consultants, and the officers, directors, partners, employees, agents, and mher consultants and subcontractors of eadi and any of them from damage. I I 00700-25 1I f IARTICLE 7 - OTHER WORK 7.02 Coordination r IA. If OWNER iDtends to contract with others for the performance of other work on the Project at die Site, the following will be set forth in Supplementary Conditions: 7.01 Related Work at Site rA. OWNER may perform other work related to the Project at the Site OWNER’S employees, or let other direct contracts therefor, or have other work performed ty utility owners. If such other work is not noted in the Con­ tract Documents, then:' I1. the individual or endy who will have authoriy and reqxmsibQiy for coordinanon of die acdvides among the various contractors will be identified; ;■ I2. the specific matters to be covered by such authoriy and tesponsibiliy will be itemized; and1. writmn notice thereof will be given to CON­TRACTOR prior to start^ any, such other work; and • -oj.,; 2. if OWNER and CONTRACTOR are unable to agree on ^dement to or on the amount of extent, if aiy, of aiy adjustment in ^ Contract Price or Contract Times that ^otild be aliow% as[a result of such other work, a Claim may be made ^efefor as provided in paragraph sibiliy for such coordinadon. 10.05. I I3. the extent of such authoriy and responsibilides will be provided. IB. Unless otherwise provided in the Supplementary Condidons, OWNER have sole authoriy and respon- ,f ; I B. CONTRACTOR sbaU afford each other contractor ARTICLE 8 - OWNER’S RESPONSIBIUnESwho is a p^ to such a direct'contract and each utiliy owner ________________________ (and OWN^ if OWNER is performing the other work with OWNER’S employees) proper and safe access to die Site and 8.01 Communications to Contraaor a reasdi^le opportuniy for die introducdon and storage of materi^s and equipment and the execudon of such other work and shall properly coordinate the Work with theirs.Unless oAervdse provid^ in the Contract Documents, CON­ TRACTOR shall do all cutting, fitting, and patching of the.Work that may be required to| properly connect or otherwise 8.02 Rqrlacement of ENGINEER make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger ary work of others by cuttmg, excavatirtg, or otherwise alteting their work and vdll only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The dudes and responsibilides of ENGINEER. CONTRACTOR under this paragraph rue for the benefit of such udliy owners and other contractors to the extent that 8.03 Furnish Data there are comparable provisions . for the benefit of CONTRACTOR in said dir^ contracts between OWNER arid sudi udliy owners and other contractors. I IA. Except as otherwise provided in these General Condi- dons, OWNER shall issue all communicadons to CONTRACTOR through ENGINEER.I IA. In case of terminadon of the employment of ENGI­ NEER, OWNER shall rppoint an engineer to whom CONTRACTOR makes no reasonable objecdon, whose status under the Contract Documents shall be diat of the former I I I I ! A. OWNER shall ptonipdy furnish the data required of OWNER under the Contract Documents. i IC. If the proper execudon or results of any part of 8.04 Pay Promptly When Due CONTRACTOR’S Work depends iqwn work performed by others under this Ardcle 7.1 CONTRACTOR shall inspect such other work and prpmpdy rqiort to ENGINEER in writing say dehys, defects] or deficiencies in such other 14.02.C and I4.07.C. work that render it unavailable or unsuitable for the proper execudon and re^itt of CONTRACTOR’S Work. 8.05 Lands and EasemetOs: Reports and Tests CONTRACTOR’S l^ure to so report will consdtute an - acceptance of such Other j work as fit and proper for integradon with CONTRACTOR’S Work except for latqit defects arid deficiencies in si^ other work. A. OWNER shall make payments to CONTRACTOR prompdy vdien th^ are due as provided in paragraphs I A. OWNER’S dudes-in respect of providing lands and easements and providing eogiiieering surviys to establish reference points are set forth in paragraphs 4i.0I and 4.05. Paragraph 4.02 refers to OWNER’S ideiidfying and making available to CONTRACTOR copies of reports of exploradons I I00700 - 26 ■■'V ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION and tests of subsurface conditions and drawings of physical conditions in or relating to PTtaing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 9.01 OWNER‘S Representanve 8.06 Insurance A. ENGINEER will be OWNER’S lepiesentative during the construction period. ‘Ihe duties and fe^xmsibilides and the limitations of audmtiQr of ENGINEER as OWNER’S representative during construction axe set forth in the Contract Docamcnts and will not be changed without written consent of OWNER and ENGINEER. A. OWNER’S responsibilities, if atgr, in respect to pur­ chasing and maintaining UabOt^ and proper^ insurance ate set forth in Article S. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as 9.02 Visits to Site indicated in paragraph 10.03. * A. ENGINEER will make visits to die Site at intervals appropriate to the various stages of constnicdon as ENGINEER deems necessary in order to observe as an A. OWNER’S responslbili^ in reflect to certain inspec- experienced and qualified design professional the progress dons, tests, and approvals is set forth in paragraph 13.03.B. that has been made and die quali^ of the various aspects of CONTRACTOR’S executed Wodc. Based on informadon obtained during such visits and observadons, ENGINEER, for the benefit of OWNER, will detennine, in general, if the A. ’The OWNER shall not siqiervise, direct, or have Work is proceeding in accordance with the Contract control or authori^ over, aor be responsible for. Documents. ENGINEER wiU not be required to make CONTRACTOR’S means, methods, techniques, sequences, exhaustive or conriimous inqiecdons on the Site to check the ... or procedures of construction, or the safety precaudons and qualiQ^ or quandty of the Work. ENGINEER’S efforts will programs incident thereto, or for any failure of CON- be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observadons, ENGINEER will keep OWNER informed of the progress of die Work and will endeavor to guard OWNER against defecdve Woric. 8.08 Inspections, Tests, and Approvals 8.09 Limitations on OWNER's ResponsibiUties TRACTOR to conqily with Laws and Reguladons applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR’S failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condon B. ENGINEER’S visits and observadons are subject to all the itmitatioiK on ENGINEER’S authoriQr and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER’S visits or observations' of CONTRACTOR’S Work ENGINEER will not siqiervise, direct, control, or have authority over or be responsible for CONTRACTOR’S means, methods, techniques, sequences, or procedures of construction, or the safe^ precauticms and ptpgtams incident thereto, or for ar^ foilure ^ CONTRACTOR to conqily with Laws and Reguhdioos qiplicable to the performance of the Work. A. OWNER’S responsibili^ in respect to an undisclosed Hazardous En^ronmental CondMon is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable ewdence that financial arrangements have been made to satisfy OWNER’S obligations under foe Comnct Documents. OWNER’S responsibility in respect thereof will be as set forth in the Siq)plemeataxy Conditions. 9.03 Project Represeraadve A. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing mote extensive observation of the Work. The responsibilities and autiiori^ and limitations thereon of arty such Resident Project Rqrresentative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another 00700 - 27 I I Rpreseaialive or agos to tgprggent OWNER at the Site who is not ENGINEER’S. ConsultW, agent or eix^)loyee, the reqwnsibilities and'authoiity a^ limitations thereon of such other individual or end^ will be as provided in the Supple­ mentary Coodidons. 9.04 CUaifieadons and Interpretadons B. In connection with ENGINEER’S authority as to Change Orders, see Articles 10. II. and 12.I C. In connection with ENGINEER’S authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work r IA. ENGINEER will determine die actual quantities andA. ENGINEER wQl issue witii reasonable prompmess such wiittea clarifications or interpretations of the require- classifications of Unit Price Work performed hy ments of the Contract Documents as ENGINEER may deter- CONTRACTOR. ENGINEER will review with CON- mine necessaiy. which shall be consistent witii the intent of TRACTOR the ENGINEER’S preliminary determinations on and reasonably inferable from the Contract Documents. Such such matters before rendering a written decision thereon Qsy written clarifications and inte^retations vrill be binding on recommendation of an Application for Payment or OWNER and CONTRACTOR. If OWNER and CON- otherwise). ENGINEER’S written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) Price or ContractTImes. or both, that should be allowed as upon OWNER and CONTRACTOR, subject to tiie a result of a written clarification or interpretation, a Claim provisions ofparagraph 10.05. may be made therefor u provided in paragraph lO.OS. I ITRACTOR are unable to agree on entitlement to or on the ; amount or extent, if ssry, of any adjustmeiu in the Contractr I 9.09 Decisions on Reqtdrements of Contract Documents and Accqttability cf Work I9.0S Authorized Variadons in Work A. ENGINEER may authorize minor variations in the A. ENGINEER will be the initial interpreter of the Work from the requirements of the Contract Documents requirements of the Contract Documents apd judge of the vriiidi do not involve an adjustment in the Contract Price or acce^itabiliQr of tiie .Work thereunder. Claims, disputes aixl the Contract Times and are compatible with the design other matters relating to the acceptabilior of the Work, the cpncq>t of the complete Prpject'as a functioning whole as quantities and classifications of Unit Price Work, tiie indicated by the Contract Document. These may be interpretation of tiie requirements of the Contract Documentsaccomplished by a' Fidd O^r anil will be binding on pertaining to the performance of the Work, and Claims OWNER and also on CONIRACTOR. who shall perform seeking changes in the Contract Price or Contract Times will the Work involved prbmptly.j If OWNER and CONTRAC- be referred initially to ENGINEER in writing, in accordance *rOR are unable to agree on entitlement to or on the amount with tiie provisions of paragrsq>h 10.05, with a request for a or extent, if any, of any adjustment in the Contract Price or formal decision.Contract Times, or botip as' a result of a Held Order, a Claim may be made tiierefor as provided in paragraph 10.05. B. When functioning as interpreter and judge under tiiis paragraph 9.09, ENGINEER will not show partialiQr to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in A. ENGINEER will haW authori^ to disrqiprove or good faith in sudi capaciQ'. ’The renderin^f^a dedsion by reject Work which ENGIN^R believes to be defective, or ENGINEER pursuant to this paragraph 9.69 with respect to that ENGINEER believes anil not produce a completed any such Claim, dispute, or other matter (except airy which Prcject tiiat conforms to tiie Gontract Documents or tim will have been waived fry the pairing or acceptance of final prtjudioe tiie integriy of tiie (lesign concept of tiie conqileted pryment as provided in paragraph 14.07) will be a condition Project as a functioning whole as indicated by the Contract .. precedenttoany exercise by OWNER or CONTRACTOR of Documents. ENGINEER will.dso have authoriy to require such ri^its or remedies as eitiier may otiierwise have under ' special inspection or testing of the Work as provided in tiie Contract Documents or by Laws or Regulations in reflect paragrai^ 13.04, whether or not tiie Work is Plicated, of any sudi Qaim, diqnite, or other matter, mstalled, or coinpleted. . ■ i 9.07 Shop Drawings, Change Orders and Payments 1A. In oomiectian with ENGINEER'S authoriy as to Shop .Draftings and Saiiqiles, sed paragraph 6.17. I I I I I9.06 Rejecting Defective Work I I I I9.10 limitations on engineer’s Authority and Respon- sibilities Ii A. Neither ENGINEER’S authoriy or respomibiliyr under tiiis Article 9 or under any other provision of the Contract Documents nor any dedsion made ty ENGINEER in good faith either to exerdse or not exercise such authority I I00700 - 28 J I I Direcdve, a Claim may be made therefor as provided in paragraph lO.OS. or responsibility or the imH^rtairing exercise, or performance of any authority or responsibility ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or enq)loyee or agent of any of them. I 10.02 Unatakorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in die Contraa Price or an extension of the Contract Times with reqiea to any work performed that is not xequinpd \sy the Contract Documents as amended, wwxti^, or supplemented as provided in paragraph 3.04, excqit in the case of an emergency as ptovi^ in paragraph 6.16 or in the case of uncovering Woric as provided in paragraph 13.04.B. I B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences, or procedures of oonstrucdon, or the saStty precaudons and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regul^ons applicable to the performance of the Work. I I 10.03 Execution of Change OrdersENGINEER will not be responsible for CONTRACTOR'S faOure to perform the Work in accordance with the Contract Documents.A. OWNER and CONTRACTOR shaU execute appropriate Change Orders recommended ENGINEER (or Written Amendments) covering:I C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Siqiplier, or of any other individual or entity performing any of the Wotk. 1. changes in the Wotk which are: 0) ordered OWNER pursuant to paragraph lO.OI.A, Oi) required . because of accqitance of defective Work under para- gnqrii 13.08.A or OWNER'S correction of defective Work under paragraph 13.09, or (iii) agreed to by the patties; I D. ENGINEER'S review of the final Application for Payment and accompanying documentation and all mainte­ nance and operating instructions, schedules, guarantees. Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A.wiiLonly.be-tailetennine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. I I 2. changes in the Contract Price or Contraa Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Wotk Change Directive;I and 3. changes in the Contraa Price or Contraa Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph lO.OS; provided that, in lieu of exeraiting any such Change Order, an appeal may be taken firom any such decision in accordance with the provisions of the Contract Documents and qtplicable Laws and Regulations, but during any sudt apj^, CONTRACTOR shall cany on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. E. The limitations upon authority and responsibili^ sa forth in this paragraph 9.10 shall also apply to ENGINEER'S Consultants, Residea Piojea Representative, and assistants.I I ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the WorkIA. Without invalidating the Agreement and without Dotice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed wtith the Work, involved vriiich will be performed under the applicable conditions of die Contraa Documents (excqit as otherwise specifically provided). I 10.04 -Notification to Surety A. If notice of ai^ change affecting due general scope of the Work or the provisions of the Contraa Documents (including, but na limited to, Contraa Price or Contraa Times) is required ty die provisions of any Bond to be given to a surey, the giving of any sudi notice will be CONTRACTOR'S responsibiliy. The amount of each applicable Bond will be adjusted to reflea the effea of any su^ change. I I B. If OWNER and CONTRACTOR ate unable to egree on entidemea to, or on the amount or extent, if any, of an adjustment in the Contraa Price or Contraa Times, or both, that should be allowed as a result of a Work ChangeI I 00700-29 I O. No Claim for an adjusaneot in Contract Price or Contract Times (or Milestones) will be valid if not submioed A. Notice.* Written notice stating the general nature of in accordance with this paragraph lO.OS. 'each Claim, dispute, or other matter shall be deliveied die claimant to ENGINEER and the other party to the Contract pronqitly (but in no event later than 30 days) after the start of ARTICLE 11 • COST OF THE WORK; CASH die event giving rise hereto! Notice of the amount or extent ALLOWANCES; UNIT PRICE WORK of the Claim, dispute, or other matter with suppoitiog data __________________________________ shall be delivered to die El^GD^lEER and the odier paity to the Contract within 60 days after the start of such event 11.01 Cost of the Work (unless ENGINEER allows additional time for claimant to submit additional or mote accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment the sum of all costs necessarily incuried and paid by CON- in Contract Price shall be prepared in accordance with die TRACTOR in the proper perfoimance of the Work. Whenprovisions of paragraph 12.01.B. A Claim for an adjustment the value of any Work covered by a Change Order or when in Contract Time sh^l :be .prepared in accordance with the a Cl^ for an adjustxhent in Connact Price is detennined on provisions of paragrsph 12.02.B. Eadi Claim shall be die basis of Cost of the Work, the costs to be reimbursed to acconpanied by claimant's |vritten statement (hat die adjust- CONTRACTOR will be only those additional or incremental ment claimed is the entire adjustment to which the claimant costs required because of the change in die Work or because believes it is entided as a remit of said event. The opposing of the event giving rise to the Claim. Excqit as otherwise par^ shall submit any response, to ENGINE^ a^ the may be agreed to in writing by OWNER, such costs shall be claimant, within 30 days ator recept of the claimant's last in amounts no higher than th^ prevailing in the locality of submittal (unless ENGINEER allows additional time). the Project, shall include only the following items, and shall not include at^ of the costs itemised in paragraph ll.Ol.B. 1. Payroll costs for enployees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation siperintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shaU be apportioned on the basis of their time spent on the Work. Payroll costs shall include; but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unem- ploymem, excise, and pt^U taxes, workers* compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The eiqienses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, riiall be included in the above to the extent authorized by OWNER. 10.05 Claims and Disputes I r I I! IA. Costs Induded: The term Cost of the Work means I I I IB. ENGINEER'S Dedsion: ENGINEER wiU tender a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the lart submittal of the opposing party, if any. ENGINEER’S written decision on siich Claim, dispute, or otha matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER’S decision is taken within the time limits and in accordance widi the dispute resolution procedures set fortb.in Artide 16; or 2. if no rsuch dilute resolution procedures have been set fortii in Article 16, a written tmtice of intentipn to appeal from ENGINE^’s wrinen dedsion is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 db^ after die date of such decision, and a formal proceeding is institiued by the appealing party in a {forum of conqieteot jurisdiction within 60 ^ys after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to, exer^ sudi rights or remedies as the iqipealing party may have wdth respect to sudi Qaim, <^ute, or oth^ matter in accordance witii applicable Laws and Reguktions.C. If ENGINEER dies not render a formal decision in writi^ within the time {stated in paragraph lO.OS.B, a - ^iskm deoyhig the Claim in its entirety shall be deemed to ^ve been issued 31 days after receipt of the last submittal of the dahnant .or the last submittal of the opposing party, if any. I I I I I I2. Cost of all materials and eqiupment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash ■ discounts shall accrue to OWNER All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER atnd CONTRACTOR shall make provisions so (hat thqr may be obtained. I I I I00700 - 30 I I 3. Pa)onents made CONTRACTOR to Subcontractors for Work performed Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the .. advice of ENGINEER, which bids, if any. will be accq)table. If any subcontract provides that the Subcontractor is to te paid on die basis of Cost of the Work plus a fee, the Subcontraaor’s Cost of the Work and fee shall be determined in the same manner as CONTRACTOR'S Cost of the Work and fee as provided in this paragraph 11.01. and royalty payments and fees for permits and licenses. I f. Losses and damages (and related expenses) caused by damage to the Work, not compenated by insurance or otherwise, sustained 1^ CONTRACTOR in connection with the perfor­ mance of the Work (excqit losses and damages widiin the deductible amrwnts of proper^ insurance established in accordance with patagraidi S.06.D), provided such losses and damages Ime resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and ejqienses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR’S fee. I I I 4. Costs of special consultants (ixicluding but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work.I 5. Supplemental costs including the following:I a. The proportion of necessary transportation, travel, aM subsistence expenses of CONTRACTOR'S enqiloyees incurred in discharge of duties connected with the Work. g. The cost of utilities, fuel, and sanitary facilities at the Site. I h. Minor expenses such as telegrams, long distance telqihone calls, telephone service at the Site, ejqpressage, and sinular petty cash items in connection with the Work.I b. Cost, including transportation and mainte­ nance, of all materials, stqiplies, equqimem, machinery, appliances, ofGce, and temporary facili­ ties at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of sudi items used but not consumed which remain the proper^ of CONTRACTOR. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused l^-the event giving rise to the Claim. I I c. Rentals of all construction equipment and machixtety, and die parts dieteof whedier rented from CONTRACTOR or others in accordance with rental agreements qiproved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equqnnent, ma­ chinery, or parts shall cease when the use thereof is no longer necessary for the Work. I j. When all the Work is performed on the basis of cost-{>lus, the costs of premiums for all Bonds and insurance CONTRACTOR is required the Contract Documents to purchase and maintain.I B. Costs Excluded: The term Cost of the Work shall not include any of the following items: I 1. Payroll costs and other compensation of CONTRACTOR’S officers, executives, principals (of partnershqis and sole proprietorsh^), general manag­ ers, engineers, architects, estimators, attotnqrs, audi­ tors, «MVMintnntg^ purchasing and contracting agents, e:q>editers, timekeq>ers, clerics, and odrer personnel emplqyed by CONTRACTOR, whether at the Site or in CONTRACTOR'S prindpal or branch office for general adminisoadon of die Work and not specifically included in the agreed iqion schedule of job classificadons referred to in paragrtqih 11.01.A.1 or spedfically covered by paragnqih 11.0I.A.4, all of whidi are to be I d; Sales, consumer, use, and other similar taxes related to the Work, and for which CON­ TRACTOR is liable, imposed by Laws and Regu- laUons.I e. Deposits lost for causes other than negli­ gence of CONTRACTOR, aiiy Subcontractor, or anyone direcdy or indirecdy employed by any of them or for whose acts any of them may li^le.I I 00700-31 I considered administrative costs covered by the CONTRACTOR’S fee. ances have been included in the Contract Price and not in the allowanoes. and DO demand for additional payment on account of aiqr of die foregoing will be valid.I 2. Expdoses of CONTRACTOR’S principal and branch offices other than CONTRACTOR’S office at the Site. !B. Prior to final p^ment, an appropriate Change Order will be issued as redbmmended by ENGINEER to reflea actual annoiim»c due CONTRACTOR on aocouiu of Work ' 3. Any pMofCONTI^CTOR’s capital expenses, coveted 1^ allowances, and the Contract Price shall be mchiding interest on CONTRACTOR’S capital en^loyed ootiespondin^y adjusted, for the Work and cfaargu against CONTRACTOR for delinquent payments. I I11.03 Unit Price Work i A. Where the Contract Documents provide t^ all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price 4. Costs due to the negligence of CONTRACTOR, any Subcohtiactor.-vor aiQ^one directly or indirectly eaq>loyed any of them or for whose acts any of them may be liable, including but not limited to. the Work an amount equal to the sum of the unit price for each correction of defective jWork, disposal of materials or separately, identifi^ item of Unit Price Work times the equiptne^ wrongly supplied, and making good any estimated quanti^ of each item as indicated in the Agree- damage to property. | menL The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of. 5. Other overhead or general expense costs of any compariscm of Bids and determining an initial Contract Price, kind and the costs of lany item not specifically and Determinations of the actual quantities and classifications of e:q>r^ly included in paragraphs 11.01.A and ll.Ol.B. Unit Price Work performed CONTRACTOR wffi bej made by ENGINE^ subject to the provisions of paragraph I I I IC. CONIJUCTOR’s iFee: the Work is 9.08. performed on the basis of cost-plus, CONTRACTOR’S fee shall be determined as set fot^ in the Agreement. When the value of any Work coveredjby a Change Order or when a Claim for an adjustment in Contract Price is determined on CONTRACTOR’S overhead and profit for each separately the basis of Cori of the Worl^ CONTRACTOR’S fee shall be identified item, determined as set foilh in paragraph 12.01.C. - B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover I II C. OWNER or CONTRACTOR may make a Claim for D. Documentation: Whenever the Cost of the Work for an adjustmem in the Contraa Pri^ in accordance with any purpose is .to be determined pursuant to paragraphs ' paragraph 10.05 if:11.01.A and ll.Ol.B. COljrTRACTOR will establish and maintain records tiiereof m accordance with generally accq>ted accounting: practices' and submit in a form acceptable to . ENGINEER| ain itemized cost breakdown together with riipporting data. 'ii I1. the quanti^ of arty item of Unit Price Work performed CONTl^CTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreemem; and I I11.02 Cash Allowances A. It is understood that; CONTRACTOR has included in the Contr^ Price all allowances so named in die Contract Documents arid riiall cause the Woric so covered to be performed for sudi surns u 'may be acceptable to OWNER . and ENGINEER. CONTRACTOR agrees that: : 1. the allowances include the cost to CONTRAC­ TOR (le^ ar^^licable trade discounts) of materials and equq>meiti reqmred by the allowances.; to be delivered at tite Site, arid all ^licable taxes; and 2. CONTRACTOR’S costs for unloading and handling on die Site, laliori installation costs, overhead, profit,, and other expenses contemplated for the allow- 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR beUeves that CONTRACTOR is entided to an increase in Contraa Price as a result of having incurred additional expense or ' OWNER believes that OWNER is entitled to a decrease in Contraa Price and the patties axe unable to agree as to the amount of any such increase or decrease. I I I I I00700-32 I I fixed fee is agreed upon, the intent of paragraph 12.01. C.2.a is that the Subcontractor who actually performs the Work, at whatever der. will be paid a fee of IS percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01. A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a of five percent of the amount paid to the next lower der Subcontractor; ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES I 12.01 Change of Coniraa Price I A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written nodce submitted by the par^ making the Claim to the ENGINEER and the other party to the Contraa in accor­ dance with the provisions of paragraph lO.OS. I d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.S, and ll.Ol.B;I B. The value of any Work covered by a Change Order or of zay Claim for an adjustment in the Contraa Price will be determined as follows: e. the amount of credit to be allowed by CONTRACTOR to OWNER for ai^ change vdiich results in a na decrease in cost will be die amount of the actual na decrease in cost plus a deducdon in . CONTRACTOR'S fee by an amount equal to five percent of such na decrease; and I 1. where the Work involved is covered by unit prices contained in the Contraa Documents, by applica­ tion of such unit prices to the quantities of the items involved (subjea to die provisions of paragrairii 11.03 );I f. when both additions and credits are in­ volved in any one change, the adjustment in CONTRACTOR’S fee shall be computed on the basis of the net change in accordance vdth para- gnqihs 12.01.C.2.a through 12.01.C.2.e, inclu­ sive. or I 2. where the Work involved is na coveted by unit prices contained in the Contraa Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); orI 12.02 Change of Contract TimesI3. where the Work involved is not covered by unit prices contained in the Contraa Documents and agree­ ment to a lump sum is not readied unda paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR'S fee for overhead and profit (deta- mined as provided in paragraph 12.01.Q. A. The Contraa Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contraa limes (or Milestones) shall be based on written nodoe Emitted hy the par^ maldng the claim to the ENGINEER and the other party to the Contraa in accordance with the provirions of paragraph lO.OS. I I C. COmPACTOR’s Fee: The CONTRACTOR’S fee for overhead and profit shall be determined as follows:B. Any adjustment of the Contraa Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contraa Times (or Milestones) will be determined in accordance with the provisions of this Article 12. I 1. a mutually acceptable fixed fee; or I 2. if a fixed fee is na agreed iqion, then a fee based on the following percentages of the various portions of the Cost of the Work:12.03 Deltas Beyond CONTRACTOR’s Control I A. Where CONTRACTOR is prevented from completing any part of the Work within the Contraa Times (or Milestones) due to delay b^ond tiie control of CONTRACTOR the Contraa Tunes (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made Aerefor as prorided in paragtiqih 12.02.A. Delays beyond the control of CONTRACTOR shall include, but na be limited to, acts or neglea OWNER, acts or neglea of utili^ owners or other contractors performing, otha work as contemplated by a, for costs incurred unda paragraphs 11.01.A.1 and II.01.A.2, the CONTRACTOR'S fee shall be IS percent;I b. for costs incurred unda patagr^th 11.01.A.3, the CONTRACTOR’S fee shall be five petcem;I . c. where one or more tiers of subcontracts are on the! basis of Cost of the Work plus a fee and noI00700 - 33 Article 7, fires, floods, epidemics, abnormal weather conditioiis, or acts of God. to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as ptxmded in this Article 13. - 12.04 . Delays Wahin COlfTRACTOR's Control 13.02 Access to Work A. OWNER. ENGINEER. ENGINEER’S Consultants, other rqneseotatxves and personnel of OWNER, indq)endent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR’S Site safety procedures and programs so that they may comply therewith as applicable. A. *1116 Contract Times (or Milestones) will not be due to' del^ within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays Beyond OWNER’S and CONTRACTOR’S Control A. Where CONTRACTOR is prevented from complet­ ing any part of the Work within die Contract limes (or 13.03 Tests and Inspections Milestones) due to delay b^ood die control of bodi OWNER and CONIRACTOR. an extension of the Contract Tunes (or Milestones) in an amount equal to the dme lost due to such delay shall be CONTRACTOR’S sole and exclusive remedy for such delay. A. CONIRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspecdon and testing personnel to facilitate required inspections or tests. B. OWNER shall employ and pay for the services of an indqiendent testing laboratoty to perform all inspecdons, tests, or i^iprovals required the Contract Documents 12.06 Delay Damages A. In no event diall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, ai^ Stq^lier, or any except: other person or organizadon, or to any sure^ for or employee or agent of airy of them, for damages arising out of or resulting from: 1. for inspecdons, tests, or reprovals covered by paragraphs 13.03.C and 13.03.D below; 2. that costs iticuned in connecdon with tests or inspecdons conducted pursuant to paragraph 13.04.B sh^ be paid as provided in said paragraph 13.04.B; and 3. as otherwise specifically provided in the Con­ tract Documents. 1. delays caused by or widiin the control of CON­ TRACTOR; or 2.. delays b^ond the control of bodi OWNER and CONTRACTOR including but not linuted to fires, floods, epidemics, abnormal weather condidons, acts of God, or acts or neglect by utility owners or other contractors performing other work as contetsplated by Ardcle 7. C. If Laws or Reguladons of asty public body having jurisdiedon require assy Work (or part thereoO specifically K> ' be inspected, tested, or approved by an employee or odier tepresentadve of such public botiy, CONTRACTOR shall assume full responsibili^ for arranging and obtaining such inspecdons, tests, or approvals, pay all costs in connecdon dierewidi, and furnish ENGINEER the required oerdficates of inspecdon or approval. D. CONTRACTOR shall be responsible for arranging mwt obtaining and iduiil pay all costs in connecdon with assy inspecdons, tests, or approvals required for OWNER’S and ENGINEER’S acceptance of materials or equipment to be 1 incorporated in the Wotk; or accqwance of materials, mix designs, or eqiqmient submitted for approval prior to CONTRACTOR’S pureba^ thereof for incorporadon in the Work. Sudi inspecdons. tests, or approvals shall be A. Prompt nodee of all defective Work of which performed by organizations acceptable to OWNER and OWNER or ENGINEER has actual knowledge will be given ENGINEER. B. Nothing in this paragnqih 12.06 bars a change in ■ Contract Price pursuant to diis Article 12 to compensate CONTRACTOR due to delay, interference, or disruption direedy attributable to actions dr inactions of OWNER or ai^one for uhorn OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Nodee of Defects i 00700-34 I I the Work shall not give rise to any duty on the pan of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontraaor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any-of them. E. If any Work (or the work of others) that is to be incp^ytrd. or approved is covered 1^ CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation.I F. Uncoveripg Work as provided in paragraph 13.03.E shall be at CONTRACTOR’S expense unless CON­ TRACTOR has given ENGINEER timely notice of CONTRACTOR’S intention to cover the same and ENGI­ NEER has not acted with reasonable protnpmess in response to such notice. I 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and rqilace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, anomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). I 13.04 Uncovering WorkIA. If any Work is covered contrary to the wrinen request of ENGINEER, it must, if requested 1^ ENGINEER, be uncovered for ENGINEER’S observation and replaced at CONTRACTOR'S expense.I B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER'S request, shall uncover, e]qx>se, or otherwise make available for observation, inspection, or testing asr ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material, aixl equipment. If it is found that such Work is defective, CONIltACTOR shall pay all Claims, costs, losses, aitd damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or .relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory.replacement or reconstruction (Including but not limited to all costs of rq>air or replacement of work of others); and OWNER shall entitled to an appropriate _ decrease in the Contract Price. If the parties are tmable to ■ agree as to the amount thereof. OWNER may make a Claim * therefor as provided in paragraph 10,05. If, however, such Work is not found to be defective, CONTRACTOR shall be aUowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attribut­ able to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in patagrtqih 10.05. I 13.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR’S use by OWNER or permined by Laws and Regulations as contemplated in paragrt^b 6.11 .A is found to be defective, CONTRACTOR shall proixq)tly, without cost to OWNER and in accordance with OWNER'S wrinen instructions: (i) repair such defective land or areas, or (ii) correct such defective Woik or, if the defective Work has been rejected 1^ OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfac­ torily correct or rqtair or remove and rq>lace any damage to other Work, to the work of others or other land or areas resulting thereftom. If CONTRACTOR does^t prompdy comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired- or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (lauding but not limited to all fees and charges of engineers, ardiitects, attotneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or sudi removal and rq>lacement (including but not limited to all costs of rqtair or rq>lanrnicnt of work of others) will be paid by CONTRACTOR B. In q>ecUI circumstances where a particular item of equqmient is placed in continuous service teforr Substantial Conq>letion of all the Work, the correction period for that I I I I I I I 13.05 OWNER May Stop the Work I A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Wotk in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Wotk, or any portion thereof, until the cause for such order has been, eliminated; however, this right of OWNER to stop I I 00700 - 35 I Iitem may start to nin from an earlier date if so provided in connection with such corrective and remedial action, the Specificadons-of by Written Amendment. C. Where defective Work (aitd damage to other Work resulting theiefirom) has been corrected or removed and rq>laced un^r this paragraph 13.07, the correction period hereunder with respect to sua Work wiU be extended for an additional period of one year after such correction or removal and r^lacement has bera satufactorily completed. D. CONTRACTOR'S obligations under this paragraph . 13.07 are in addition to ar^j other obligation or warranty. The provisions of diis paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. OWNER may exclude CONTRACTOR from all or part of the She, take possession of all or part of the Work and suspend CONTRACTOR’S services related thereto,' take possession of CONTRACTOR'S tools, appliances, con- sttuctmnequpment and machinery at the Site, and incorpo­ rate in the Work all . materials and equipment stored at dte Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, owner’s representatives, agents and employees, OWNER’S other contractors, and ENGINE^ and ENGINEER’S Consultants access to the Site to enable OVfNER to exercise the rights and remedies under this paragraph. II I! !I I IC. All Claims, costs, losscs, aiKl damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or A. If, instead of requirag correction or removal and , . arbitration or other dispute resolution costs) incurred or r^lacement of defective Work. OWNER (and, prior to sustained by OWNER in exercising the rights and remedies under this paragrtph 13.09 will be charged against CON­ TRACTOR, and a Change Order will be issued incotporatihg the necessary revisions in the Contract Documents with 13.08 Acceptance of Defective Work I1. IENGINEER’S recommendation of final payment,ENGINEER) prefers to ac^t it, OWNER my do so. CONTRACTOR shall pay all Claims, costs, losses, and damages Oncluding but not limited to all fees and charges of respect to the Work; and OWNER Shall be entitled to an engineens; architects, attorneys, and other professionals and qprppriate decrease in the Contract Prices If the parties ate all court or arbitration or' other, dispute solution costs) unable to agree as to the amount of the adjustment, OWNER attributable to OWNER’S evaluation of and determmation to my make a Claim therefor as provided in paragraph lO.OS.accept such defective Work’ (such costs to be approved by Such claims, costs, losses and damges will inclu^ but not ENGINEER as to reasonableness) and the diminished value be limited to all costs of repair, or replacement of work of of the Work to the extent not otherwise paid by others destroyed or damged 1^ correction, removal, or CONTRACTOR pursuant m this sentence. If ai^ such replacement of CONTRACTOR’S defective Work. accq>tance occurs prior to ENGINEER’S recommendation of - final payment, a Change Order will be issued incorporatingthe necessary revisions in j the Contract Documents svith of the Contract Times (or Milestones) because of any delay respect to the Work, and OWNER shall be entitled to an in the performance of the Work attributable to the exercise by appropriate decrease in the Contract Price, reflecting die OWNER of OWNER’S ri^ts and remedies under this diminished value of Wo^ so. accepted. If the patties are paragraph 13.09. unable to agree as to the amount thereof, OWNER my make a Claini therefor as provided in paragraph 10.05. If .theaooeptahoe occurs after suefajtecommendation, an appropriate ARTICLE 14 - PAYMENTS TO CONTRACTOR AND •amoum willbe paid by CONTRACTOR to OWNER. I I I D. CONTRACTOR shall not be allowed an extension I;. I ICOMPLETION 13.09 OWNER May Correa Drfective Work A. If CONTRACTOR fails within a reasonable timeafter written notice from ^GINEER to correct defective -■ A. The schedule of values esublisbed as provided in Woritoir to remove and rqplace rejected Work as required by paragraph 2.07.A will serve as the basis for progress ENGINEER in accordance with piuagr^h I3.06.A, or if payments and will be incorporated into a form of Application CONTRACTOR fails to perform the Work in accordance for Payment acceptable to ENGINEER. Progress payments with the Conttact Documents, or if CONTRACTOR fails to on account of Unit Price Work will be based on the number oonqily^tii any btiier provirion of the Contract Documents, of units completed. OWNER nu^, after seven days written notice to ' CONTRACTOR, correct a!nd remedy ai^ such deficiency. *■ , . • "j- • .. . - B. In exetdsing the rights and remedies under this .. paragraph. OWNER shall proceed expeditiously. In . 00700 - 36 I. 14.01 Sdiedule of Values I I I I I I 14.02 Progress Paymenis a. the Work has progressed to- the point indicated; A. Applications for Paymenis I b. the quality of the Work is generally in accordance with the Contraa Documents (subject to an evaluation of the Worit as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment'filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Dociunents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to In writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other docu> mentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER’S interest therein, all of wdtich must be satisfactory to OWNER. I I I conditions CONTRACTOR’S being entitled to such payment appear to have been ftilfiUed in so far as it is ^GINEER’s responsibility to observe the Work. precedentc. the to I 3. By recommending any such payment ENGI­ NEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been perfon^ have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically a.ssigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. I I 2. Beginning with the second Application for Payment, each Application shall mclude an affidavit of CONTRACTOR suting that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR’S legitimate obligations associated with prior Applications for Payment. I I review of.4. Neither CONTRACTOR’S Work for the purposes of recom- mesuling payments nor ENGINEER’S recommendation of any payment, including final payment, will impose responsibMty on ENGINEER to supervise, direct, or control die Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety ptecaudons and programs incident thereto, or for CON­ TRACTOR’S failure to comply with Laws and Regu­ lations applicable to CONTRACTOR’S performance of the WoilL Additionally, said review or recommendation will not inqiose responsibili^ on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that tide to any of the Work, materials, or equipment has passed to OWNER ftee and clear of ai^ Liens. ENGINEER’S 3. The amount of retainage with respect to pro­ gress payments will be as stipulated in the Agreement.I B. Review of ^plications I 1. ENGINEER will, widiin 10 days after reoeqit of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the A^lication to CONTRACTOR indicating in writing ENGINEER’S reasons for refusing to recommend payment. In the latter case. CONTRACTOR may m^ the necessary corrections and resubmit the Application. I I 2. ENGINEER’S recommendation of ai^ payment requested in an Application for Payment will constitute a representation ENGINEER to OWNER, based on ENGINEER’S observations on the Site of the executed Work as an eiqierienced and qualified design profession­ al and on ENGINEER’S review of the ^plication for Payment and the acconqnnying data and s^edules, diat to die best of ENGINE^’s knowledge, inforniatioo and belief: I 5. ENGINEER may refuse to recommend the whole or any pan of any payment if, in ENGINEER’S opinion. It would be incorrect to make die rqiresenta- tions to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend aqy sudi p^ment or. because of subsequendy discovered evidence or the results of subsequent inspections or tests. I I I 00700-37 I revise or revoke, any such payment recommendation previously made^ to such 'extent as may be necessary in ENGINEER’S opinion to protect OWNER fipom loss because; OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustihent thereto agreed to by OWNER and CONTRACTOR, when CONTRAC­ TOR corrects to OWNER’S satisfaction the reasons for such action. I!-r' Ia. the Work is defective, or conq>Ieted Work has been damaged, requiring correction or replace­ ment; 3. If it is subsequently determined that OWNER’S refusal of payment was not justified, the amount wrongfully withheld «hail be treated as an amount due as determined by paragraph 14.02.C. 1. 14.03 COmHACrOR’s Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by ai^ Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment fiee and clear of all Liens. 14.04 Substantial Conviction A. When CONTRACTOR considers the entire Work 1. Ten days aiter presentation of the Application ready for its intended use CONTRACTOR shall notify for Payment to OWNER with ENGINEER’S recom- OWNER and ENGINEER in writing that the entire Work is mendadon, the amount rerammended (subject to the . substantially complete (exoq>t for items specifically listed by provisions of puagraph 14i(Q:Dj bec^e due, and when CONTRACTOR as incomplete) and request that ENGINEER due will be paid by OWNER to ^NTRACTOR. issue a certificate of Substantial Completion. Promptly thereafter, OWNER. CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Woik 1. OWNER may refuse'to make payment of the substantiidly complete, ENGINEER will notify full amount recommended ENGINEER because: CONTRACTOR in writing giving the reasons therefor. IfI ENGINEER considers the Work substantially complete, a. claims have bera made against'OWNER on ENGINEER will prepare and deliver to OWNER a tentative account of CONTACTOR'S performance or fur- certificate of Substantial Completion which shall fix the date nidiingof the Work; of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or b. Liens have b^ filed in oomwcdon widi die corrected before ftnal payment. OWNER shall have sevenWor^ excqit where ^NTRACTOR has delivered days after receipt of the tentative certificate during which to a spMific ^nd satislfactoiy to OWNER to secure make written objection to ENGINEER as to any provisions the satisf^on and discharge of such Liens; of the certificate or attached list.' If, after'CSBsidering such- I objections, ENGINEER concludes that the Work is not c. there are other items entitling OWNER to substandally complete, ENGINEER will within 14 days after a set-off against the mount recommended; or submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stadng the reasons therefor. If. after consideration of OWNER’S objections, ENGINEER considers the Work substantially conqilete, ENGINEER will within said 14 days execute and deliver to OWNER and contractor a definitive certificate of Substantial Compledon (with a reused tentative list of itemsrto be 2. If OWNER tefustt to make payment of the full completed or corrected) reflecting sudi changes from die amount lecphunended tfy ENGINEER, OWNER must tentative certificate as ENGINEER bdieves justifidl after give<GpNTRACTOR uhmediate written notice (sdth a consideration of any objections from OWNER. At the timecopy to i^GlNEER) stating die reasons for sudi action of delivery of the tentadve certificate of Substantial Comple- and pron^y pay CONTRACTOR, any amount tion ENGINEER will deliver to OWNER and CONTRAC- remaining after deduction of die amoont so sdthheld. TOR a written recommendation as to division of responsibili- I! b. the Contiad Price has been reduced by Written Amendment or Change Orders;Ic. OWNER has been required to correct defective Work or coihplete Work in accordance with paragrr^h 13.09|; or d. ENGINEER has actual knowledge of the occurrence of any of the eVeiib enumerated in para­graph 15.02.A. ] C. Payment Becomes Dm I I I I ID. Reduaion in Payment I I I I Id. OWNER has achial knowledge of die occur­ rence of any of die events enumerated in paragraphs 14.02. BJ.a througli 14.02.B.S.C or paragraph 15.02. A. I • . ; I I 1 00700 - 38 I I I ties pending final payment between OWNER axid CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, beat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in-writing and so inform ENGINEER in writing prior to ENGINEER'S issuing the definitive certificate of Substantial Completion. ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 2. No occupancy or separate operation of part of the Work.may occur prior to compliance with the requirements of paragraph S.IO regarding property insurance.I 14.06 Final Inspection I A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will pronqitly make a fmal inspection with OWNER and CONTRACTOR and will notify CON­ TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take su^ measures as are necessary to complete such Work or remedy such deficiencies. I B. OWNER shall have the ri^t to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.I I 14.05 Partial Utilization 14.07 Final Payment A. Use by OWNER at OWNER'S option of any substantially completed pan of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intnruii^ purpose without significant int^erence with CONTRACTOR'S performance of the remainder of the Work, may be accon^lisbed prior to Substantial Completion of all the Work subject to the following conditions. A. Application for PaymentI1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection arxl has delivered, in accordance with the Contract Documents, all main­ tenance and operating instructions, schedules, guaran­ tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as protdded in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. I I 1. OWNER at any time may request CON­ TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at' any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work reatfy for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ^GINEER shall maka an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will noUfy OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragnqih 14.04 will apply with tespect to certification of Substantial Conqiletion of that part of the Woik and the division of responsibility in respect thereof and access thereto. I 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all . documentation called for in the Contract Documents, ineliirfing but oot itmitMt fo the evidence of insurance required ty subparagraph S.04.B.7; (ii) consent of the surety, if aiy, to final payment; and (iii) complete and legally effective releases or waivers (satisfactoiy to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. I I I 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish reo^ts or releases in full and an affidavit of GONTRA(nOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER'S property might in aiy way be reqxmsible have been paid or odierwise satisfied. Ifai^ Subcontractor or Siqtplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond other coUateial satisfactoiy to OWNER to indemnify OWNER against any lien. I I I I I 00700 - 39 I 1. a waiver of all Claims by OWNER agaiw«| CONTRACTOR, except Claims arising from unsettled Liens, from defective Work iqipeariug after final inflection pursuant to paiagrfih 14.06, from ^uie to oon^ly widi die Contract Documents or the tenns of any special guarantees specified therein, or from CONTRACTOR'S continuing obligations under the Contract Documents; and B. Review of Application and Accq>tance 1. If, on the basis of ENGINEER'S observation of the Woric during construction and final inspection, and ENGINEER'S reviewj of the final A^licadon for Payment and accompai^ing documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has< been completed and CONTRACTOR'S other obligations under the Contract Documents have been fulfilled, ENGINEER within ten dt^ after rec^ of die f^ Appticatipn for Paymmit, indicate in writing ENGINEER'S recommendation of payment and present the Applicadon for Payment to OWNER for pay­ ment. At the same time ENGINEER will also givewritten nodce to OWN^ and CONTRACTOR that the ARTICLE 15 - SUSPENSION OF WORK AND Work is accfitable jsubject to the provisions of TERMINATION paragraph 14.09. Otherwise, ENGINE^ will return_______________________________■ the Applicadon for ipayment to , CONTRACTOR, indica^ in writing j the reafons for refusing to 15.01 OWNER May Suspend Work recommend final payment, in which case CON­ TRACTOR shall make the necessary correcdons and resubmit the Applicadon for Payment. i|: I 2. a waiver of ail Claims CONTRACTOR against OWNER other than those previously made in writing which are still unsetded.I I I I- A. At any time and without cause, OWNER may suspend the Work or ai^ portion thereof for a period of not more dian 90 consecudve days by nodce in writing to CON­ TRACTOR and ENGINEER vriiich will fix die date on which Work will be resumed. CONTRACTOR shall resume the 1. Thirty days after the presentadon to OWNER of Work on die date so fixed. CONTRACTOR shall be allowed the Applicadon for Payment and accompanying docu- an adjustment in the Contract Price or an extension of the mentadon, the amoum| recommended by ENGINEER Contract Times, or both, direcdy attributable to any such will become due :md, when due, will be paid by OWN^ suspension if CONTRACTOR i^es a Claim therefor as provided in paragraph 10.05. 1 IC. Pcyment Becptnes Due I ER to CONTRACTOR.I14.08 Final Completion Delayed 15.02 OWNER May Tenmnate for Cause IA. The oocurrenoe of any one or more of the followingA. If, through no fault of CONTRACTOR, final conqiledon of the Work , is signifiumdy delayed, and if events will justify terminadon for cause: ENGINEER so confirms, OWNER shall, ii^n receipt of ' CONTRACnpR's final Applicadon for Payment and recommendadon of ENGINEER, and without terminadng the Agreeing, nute payment of die baiance due for that poidon of the winirif fiilly enmp1gted[ atiH afyipted: If the remaining balance to held by OWN]^ for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and ifBonds have been furnished as required in. ■ pursuam to paragraph 6.04); paragraph S.Ol, the written consent of the surefy to the payment of die balance due for diat portion of the Work fully completed and accqited, shall be sul^tted CON­TRACTOR to ENGINE^ with the Applicadon for si^ pqrmenL Sudi payment riiall be made under the terms a^ otmdidons governing final paymqit, excqit diat it riiall not constitute a waiver of Clainds. ■ I1. (CONTRACTOR'S persistent failure to perform the Work in accordance «dth the Contract Documents (including, but not limiteH to, failure to siqiply sufficient ■ skilled workers or suitable materials or equipment or - failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time I I2. CX)NTRACTOR's disregard, of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR'S disregard of die audiorify of ENGINEER; or I Ii4. CONTRACTOR's^olation in aig^ substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragnqdi 15.02.A occur, OWNER may, ato ^ving CONTRACTOR (and the sure^, if any) seven days written notice, terminate 14.09 Waiver of Qmms \ ' ■ . ■■ T ■ - A. The making and acceptance of'final p^mem will 'constitute: j I I00700-40 I the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR'S tools, appliances, construction equipment, and machinery at the Site, and use the same to the extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in- the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but Mtdiich are stored elsevtdiere. and finish the Work as OWNER may deem expedietu. In such case, CONTRACTOR shall oot be entitled to receive any further paymern until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such utqraid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, a^ damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, ndien so :q>proved by ENGINEER, incorporated in a Change Order. >^en exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors. Suppliers, and others; and I I 4. for reasonable expenses directly attributable to terminadon. I B. CONTRACTOR shall not be paid on account of loss of anticipated profits or reveiuie or other economic loss arising out of or resulting from such terminatiotLI15.04 CONTRACTOR May Stop Work or Terminate I A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days .by OWNER or under an order of court or other public audioti^, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR at^ sum finally determined to be due, then CONTRACTOR may, tq>on seven days written nodce to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or Mure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGI-' NEER hu ^ed to aa on an /qiplication for Payment widiin 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven ds^ after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due' CONTRACTOR, including interest thereon. The provisions of this paragnq>h 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract A. Upon seven days written notice to CONTRACTOR Price or Contract Times or otherwise for expenses or daxnage and ENGINEER, OWNER may, without cause and without directly attributable to CONTRACTOR’S stopping the Work prejudice to any other tight or remedy-of OWNER, elect to as permitted by this paragraph, terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): I I I I C. Where CONTRACTOR’S services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liabili^.I H 15.03 OWNER May Terminate For Convenience I I ARTICLE 16 - DISPUTE RESOLUTION 1. for completed and accqjuble Work executed in _________________________ accordance with the Contract Documents prior to the effective date of termination, including fair and 16.01 Methods and Procedures reasonable sums for overhead and profit on such Work;I A. Dispute resolution methods and procedures, if ai^, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as ddier may otherwise have under the Contraa Documents or by Laws or Regulations in respect of any dispute. I 2. for expenses sustained prior to (he effective date of termination in performing services and furnishing labor, materials, or equipment as required ly the Contract Documents in cotmection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;I I 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of I 00700-41 (■ article 17 - MISCELLANEOUS • 17.01 Giving Notice A. Wheoever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of die firm or to an officer of the ooiporadon for it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the sqiplicable jurisdiction, such day will be omitted from the conqiutation. 17.03 Cumulative Remedies A. The duties axid obligations inqxised 1^ these General Conditions and the ri^ts and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any vray 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 wananty 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 connection with each particular duty, obligation, right, and remedy to which they apply. i 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required t^, or given in accordance . with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. i I!17.05 Controlling Law A, This Contract is to be governed 1^ the law of the state in which the Projea is located.l !00700 - 42' SECTION 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8) (1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof. SC-4.05 - Reference Points Add a new paragraph immediately after paragraph 4.05A of the General Conditions, which is to read as follows: B. CONTRACTOR shall notify the Resident Project Representative a minimum of 48 hours in advance of the need for construction stakes on the project. SC-5.04 - Contractor's Liability Insurance Add the following new paragraph immediately after paragraph 5.04.B: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverage’s under paragraphs 5.04. A. 1 and A.2 of the General Conditions: Statutory Statutory $500,000/500,000/1,000,000 a. State b. Applicable Federal (e.g.. Longshoreman's): c. Employer’s Liability: 2. CONTRACTOR'S General Liability under paragraphs 5.04.A.3 through A.6 of the General Conditions which shall also include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of CONTRACTOR. $1,000,000a. General Aggregate $1,000,000b. Products - Completed Operations Aggregate $1,000,000c. Personal and Advertising Injury $1,000,000d. Each Occurrence (Bodily Injury and Property Damage) Supplementary Conditions - Pagel e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 $1,000,0002) Each Occurrence 3. Automobile Liability under paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person Each Accident $500,000 $500,000 b. Property Damage: Each Accident $500,000 c. Combined Single Limit (Bodily Injury and Property Damage) Each Accident $1,000,000 4. The Contractual Liability coverage required by paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Accident Annual Aggregate $1,000,000 $1,000,000 b. Property Damage: Each Accident Annual Aggregate $1,000,000 $1,000,000 SC-6.08 - Permit Regulations Work under this contract requires the following permits which have already been obtained by the Owner: 1. Notice of Intent for Storm Water Discharges Associated with Construction Activities. This project falls under the requirements of the DNR Storm Water Discharge Control Program. The Contractor shall therefore comply with the "Minnesota Construction Site Best Management Practices Handbook.". The Contractor shall inform himself of the requirements contained in the Handbook prior to bidding the project. SC-6.09 - Laws and Regulations Add new paragraphs immediately after paragraph 6.09.C of the General Conditions which are to read as follows: D. CONTRACTOR shall specifically comply with Equal Opportunity Requirements as listed in Minnesota Standard State Equal Employment Opportunity Construction Contract Specifications. Supplementary Conditions - Page2 E. CONTRACTOR shall specifically comply with Minnesota, Disabled Individuals Affirmative Action Clause. SC-6.13 - Safety and Protection Add new paragraphs immediately alter paragraph 6.13 of the General Conditions which are to read as follows: Natural Gas Mains. Services and Appurtenances - Gas mains, but not service pipes, are shown on the plan sheets. Contractors shall employ reasonable construction procedures to protect gas mains and services from damage. However, should gas mains and/or gas service pipes be so located in respect to construction that they cannot be protected by reasonable construction practices or procedures, or where there is a possibility that trench settlement may occur which might allow settlement of gas mains and/or gas pipes, and where under those circumstances the moving or removal of such gas mains and/or gas service pipes is necessary to eliminate the possibility of settlement, the Contractor and Engineer shall confer and then determine further procedure by meeting with representatives of the Gas Company. The Contractor must become familiar with the rules and regulations governing notification for location and protection of existing utilities. Such rules and regulations may include "Damage to Transmission Facilities" and "Interference with Public Service Structure". The Contractor is also required to give proper notification for having the location of a facility marked in the field, and for the utility to provide protection of its facilities. Contractors are further advised that the bids submitted for this project shall not include any costs or claims for costs arising out of involvement with the Gas Company resulting from the construction provided for in the contract, as it is the contention of the Owner that such expenses or costs are the responsibility of the Gas Company. Further, the Contractor shall cooperate with the Gas Company in all his work and shall be particularly cautious in his backfilling operation adjacent to and under exposed gas mains and services to prevent settlement of same where the gas company elects to protect or not remove their gas mains, pipes or appurtenances. Pole Line and Underground Cable - The plans do not show buried cable located within or adjacent to the construction area. The exact location of the cable is not intended to be designated. However, the utility involved will when requested, but only when requested, at no cost to the Contractor, actually locate and designate by staked or other suitable markers, the actual cable location. Where the Contractor desires that telephone or power poles be moved or held, he shall make such arrangements with the proper utility company, requesting assistance from the Owner or Engineers when necessary. Any applicable costs associated with holding or moving telephone or power poles will be the Contractor's responsibility, with no additional compensation considered. SC-10.05 - Claims and Disputes Supplementary Conditions - Page3 I Amend the first sentence of paragraph 10.05.A of the General Conditions to read as follows: IA. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 10 days) after the start of the event giving rise thereto.IiV and as so amended paragraph 10.05.A remains in effect. ISC-11.03 - Unit Price Work IDelete paragraph 1.03.C in its entirety and insert the following in its place: C. The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: 1. if the total cost of a particular item of Unit Price Work amounts to 25% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by CONTRAjcTOR differs by more than 50% from the estimated quantity of such item indicated in the Agreement; and I I I2. if there is no corresponding adjustment with respect to any other item of Work; and 3 . if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof; or if |0WNER believes that the quantity variation entitles OWNER or CONTRACTOR may make a claim for an adjustment in the ContracfPrice in accordance with Article 10 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed. I ISC-14.02.B - Reyiew.of Applications IAmend the first sentence of paragraph 14.02.B.5 of the General Conditions to read as follows: ENGNEER may refuse to recommend the whole or any part of any payment if the established Contract Time for Substantial Completion has expired or, if in ENGINEER’S opinion, it would be incorrect to ^ make the representations to OWNER referred to in paragraph 14.02.B.2.I Iand as so amended paragraph 14.02.B.5 remains in effect. SC-14.06 - Final Inspection IAdd the.following language after the second sentence of paragraph 14.06. A of the General Conditions: If, after such measures are taken, subsequent inspections by ENGINEER reveal that any of the previously identified particulars remain incomplete or defective, ENGINEER will again notify CONTRAICTOR in writing of the remaining particulars. All costs associated with any subsequent inspections in which said remaining particulars are revealed, will be documented by ENGINEER and paid by CONTRACTOR to OWNER. I I I^ SC-14.07.A - Application for Payment ISupplementary Conditions - Page4 I I Add a new paragraph immediately after paragraph 14.07. A.3 of the General Conditions, which is to read as follows:II 4. Before final application for payment is made for the work, CONTRACTOR must make satisfactory showing that he has complied with the provisions of Minnesota Statutes requiring the withholding of state income taxes for wages paid employees on this project. Also, final lien waivers must be furnished from all subcontractors and material suppliers. I I I I I1 I I I I I i i' • IT' I j- '} t I I I Supplementary Conditions - PageST: I V I I TECHNTCAf. SPECIFTCATTONS SECTION 01005 GENERAL REQUIREMENTS 1.01 Project Description A. In general, the project is described as follows: Project Name: Lake Alice Project Project Description: Construction of roads and drainage facilities The project is located as shown on the Drawings.B. 1.02 Measurement and Payment Work required by the Contract Documents but not included in the Bid Schedule will be considered incidental to the Contract. Payment for all work covered under these Contract Documents will be based on the lump sum price on the Proposal Form. Owner reserves the right to alter Drawings, modify incidental work as may be necessary, and increase or decrease quantities of work to be performed, including deduction or cancellation of any one or more Bid Items. Changes in the Work shall not be considered as a waiver of any conditions of the Contract nor invalidate any provisions thereof. When changes in the Work result in revised quantities of work to be performed. Contractor shall accept payment according to adjusted lump sum prices which were given in the original Contract. A supplemental agreement between Contractor and Owner may be requested by either party when cumulative changes involve a net increase or decrease of more than 20% in total contract amount. A. B. C. 1.03 Permits and Codes Owner will obtain the following applicable permits, licenses, and approvals: 1. MPCA Storm Water Permit Contractor shall comply with the requirements of the above permits, licenses, and approvals. If a copy of a permit, license, or approval is not available for review prior to the Bid Deadline, and if it contains a requirement not covered by the Contract Documents, such a requirement will be considered extra work if Contractor makes a claim under the terms of the General Conditions. Work shall not begin on items applicable to the above until the required permit, license, or approval is received. Provide all other necessary permits and licenses and pay all fees, taxes, and royalties, unless otherwise indicated. Comply with local and municipal ordinances and applicable state and national codes. A. B. C. D. 1.04 Project Meetings A pre-construction conference will be scheduled after award of contract and prior to beginning work. This meeting shall be attended by Engineer, Owner, and an authorized representative of Contractor. B. Periodic progress meetings will be held at project site at times designated by Owner or Engineer. A responsible representative of Contractor who can bind Contractor to decisions shall attend. A. B. 1.05 Notifications A. Notify Owner and Engineer five working days prior to beginning the Work and before closing or restricting public thoroughfares. B. Notify Engineer prior to backfilling items being abandoned so that abandonment procedure can be verified. C. Notify Engineer prior to paving operations so the test roll procedure may be observed. General Requirements - Page 1 1.06 Night. Weekend, or Holiday Work Give written notice to Engineer whenever it is desired to perform work at night, or on a Saturday, Sunday, or holiday, or to vary period of hours during which work is carded on each day. If approved, such work shall be subject to requirements furnished in writing by Engineer, and no extra compensation will be allowed. A. 1.07 Submittals Submit items for review as listed below and as indicated in individual specification sections. Unless otherwise indicated, submit the following quantities for each type of submittal: 1. Shop Drawings: 5 copies (2 retained, 3 returned). 2. Product Data: 5 copies (2 retained, 3 returned). 3. Permits and Approvals: 1 copy 4. Test Reports: 2 copies. Submit construction schedule at pre-construction conference. Submittals shall not be used in the work unless they have been reviewed and bear the stamp and signature of Engineer. Submittals will only be reviewed for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Contractor shall be responsible for confirming and correlating all quantities and dimensions, selecting fabrication processes and techniques of construction, coordinating his or her work with that of all other trades, and performing all work in a safe and satisfactoiy manner. Corrections or comments made on submittals shall not relieve Contractor from compliance with requirements of Drawings and Speciflcations and shall not be considered an order for extra work. A. B. C. 1.08 Surveys, Staking. Line and Grade Ovraer will provide primary survey reference points and line and grade staking as indicated below and in individual specification sections. 1. Streets (without Curb and Gutter): Line and grade stakes on an offset at 50 ft. o.c., except 25 ft. o.c. through vertical curves. 2. Culverts: Line and grade stakes on an offset for each end of pipe. 3. Ditches (not adjacent to streets): Line and grade stakes on an offset at 50 ft. o.c. Notify Engineer a minimum of three working days in advance of required surveys and staking. In the event that initial alignment and grade information is destroyed by Contractor, Owner reserves the right to withhold from payments due Contractor the reasonable costs involved in resupplying line and grade information. A. B. 1.09 Quality Control Testing Contractor shall arrange and pay for testing for soils, subbase course, base course, and wear course as indicated in individual specification sections. Payment for this testing work will be made at the contract lump sum price for SOIL AND PAVEMENT TESTING. (See Sections 02221, 02223, 02233, 02236, and 02513 fortesting requirements.) Contractor shall also arrange and pay for testing of pipelines and other items as required by individual specification sections. ITiis testing shall be incidental to the applicable contract unit prices. A. B. 1.10 Payment for Work Requiring Testing A. Where Contractor is responsible for testing, payment for the item requiring testing, or subsequent work placed on or over the item requiring testing, will not be made until satisfactoiy test results are submitted to Engineer. A. 1.11 Temporary Utilities A. Contractor shall be responsible for providing electric power as required for construction purposes. Provide portable power supply or make arrangements with local utility company. B. Contractor shall be responsible for providing water as required for construction purposes. General Requirements - Page 2 I Contractor shall fumish and maintain approved sanitary conveniences for use by;>vorkers. Sanitary facilities shall be properly secluded from public observations , and their, use shall be strictly enforced. C. I I 1.12 Protection Furnish and maintain proper barricades,: fences, signal lights, warning signs, and watchmen as required to properly protect and safeguard the work, persons, animals, and property against injury. 1.13 Traffic Control Schedule, work so as to minimize inconvenience to businesses and residences located adjacent to project. Notify businesses and residents and allow adequate time to remove vehicles prior, to obstructing driveways and street access. Notify businesses and residents a minimum of 24 hr. in advance if they will riot have vehicular access to their properties at end of each working day. A. I A. ' ^0-I B. I 1.14 Erosion Control A. See Section 01562. I 1.15 Construction Cleaning A. Keep work area free of accumulations of surplus materials, rubbish, and debris. Pick-up materials and debris left on haul roads due to construction activities. B. At completion of project, sweep pavements that are part of project site to remove construction debris and dust.I I 1.16 Material and Equipment Provide new products manufactured and conditioned for the particular application as recommended by manufacturer, unless otherwise noted. Transport, handle, store and protect products as specified and in accordance with manufacturer’s recommendations. Materials, products, and equipment identified by reference to a manufacturer’s name, catalog number, or,: model a-e identified for the purpose of establishing a standard of quality, type, and function. Products or equipment first named in specifications are depicted for general descriptive purposes only. Any other material,.product, or equipment which will perform adequately the duties imposed by the gerieral design will be considered for substitution in accordance with provisions below. Requests for substitution of alternate products shall be submitted with complete references to manufacturer's product identification and product data indicating composition, guarantee, availability, applicable standards or agency approvals met or exceeded, restrictions imposed on product, and manufacturer’s recommended method of application or installation. Substitutions will be considered acceptable if the product will perform adequately the duties imposed by the general design and, in opinion of Engineer, is of equal substance, quality, appearance, and function, unless the named item is necessary for interchangeability or if the named product has been demonstrated to be most cost-effective. A. I B. I I C. 1 I I 1.17 Punch List A "punch list" will be prepared and distributed to Confractor at Substantial Completion. Items on punch list shall be completed within 30 days. Required submittals (see below) shall be completed prior to or when requesting final payment. A. I 1.18 Closeout Submittals Submit the following items to Engineer prior to or with final Application for Payment: 1. Project record documents marked to show all changes made during construction. Dimension underground and concealed work and utilities from permanent reference points; record vertical distances. 2. State labor certification on required form indicating that prescribed wage rates have been paid on all project labor. A.I I I General Requirements - Page 3 ■ --ii'f- J ” 3. Evidence of continuing insurance coverage complying with insurance requirements (see Conditions of the Contract). 4. Contractor’s affidavit, along with final releases and waivers of liens as required by Owner, indicating that all debts and claims against project (less amounts withheld by Owner) have been paid in full or otherwise satisfied. 5. Consent of surety company to final payment. 1.19 Definitions Dimensions on drawings and details are subject to field measurements. The term "working days" shall exclude weekends (Saturday and Sunday) and holidays. References to "Division 0" or "Div. 0" shall mean the Bidding Requirements and Contracting Requirements. References to "MNDNR" shall mean Minnesota Department of Natural Resources. References to "MNDOT Std. Spec." or "Minn. Std. Spec." shall mean Minnesota Department of Transportation, Standard Specifications for Construction, latest edition, including current Supplemental Specifications. References to “Engineer”, “Architect”, or “A/E” shall mean TEC Design, Inc. References to “Owner” shall mean North American Lakes & Land, L.L.C. A. B. C. D. E. F. G. General Requirements - Page 4 I SECTION 02010 I SITE PREPARATION I.O GENERAL 1.01 Summary Provide site preparation as shown and as specified. Comply with, applicable provisions of Div. 0 and 1. ;v Work shall consist of, but is not limited to: 1. Protection of improvements, plants, and utilities. 2. Removal and replacement of improvements. 3. Location of utilities and coordination with utility companies. 1.02 Measurement and Payment Site preparation will be considered incidental to the work except where separate pay items are included in Bid Schedule. Drawing notes related to removals and replacements shall be interpreted as directives to Contractor for.such work at no extra cost except where separate pay items are provided in Bid Schedule. A. B. A. B. 2.0 PRODUCTS (NOT USEDI 3.0 EXECUTION 3.01 Protection Protect improvements on site and on adjoining properties: Provide barricades, coverings, or other types of protection as necessary to prevent damage and to safeguard against injury. Restore to original condition improvements damaged by the work or improvements, which required temporary removal during construction. Protect existing vegetation indicated to remain against unnecessary cutting, breaking, bruising, or smothering by stockpiling excavated materials or parking of vehicles within drip line. Provide temporary fences, tree wells, barricades, or guards; repair or replace trees and vegetation damaged by construction operations. Protect survey nionuments, reference points, and benchmarks from movement. Should removal be necessary, notify ENGINEER who will set reference stakes and give notice that monument may be removed. Owner will reset monument after construction at no cost to Contractor. Contractor shall pay cost for re-establishing monuments lost due to its negligence or failure to notify ENGINEER] D. No extra payment or time will be allowed for protection work that could have been suspected or anticipated by site inspection and interpretation of bidding documents prior to execution of contract. A. B. C. 3.02 Utilities Approximate location and description of underground utilities and structures shown on drawings are based on records available to Owner or surface features indicating their existence. Notify all affected utility companies of construction operations at least three working days before beginning work near their facilities; coordinate activities regarding surface obstructions and determine actual location of underground utilities and structures that cross or lie within space occupied by proposed improvements. A. I I Site Preparation - Page 1 V? . Use caution when excavating and trenching so that exact location of underground structures, both known and unknown, may be determined; repair utilities and structures when broken or otherwise damaged during construction. If proposed construction conflicts with existing utilities, give prompt notice and submit proposed solutions to ENGINEER for approval. If required, make arrangements with utility companies for relocation of interfering utilities. No extra cost or time will be allowed for unexpected delays or coordination work, except for authorized alterations as follows. When a change is permitted to avoid a utility relocation, ENGINEER will determine whether such change constitutes extra work. Underground utilities and facilities located outside of construction limits which Contractor wishes to have moved to facilitate construction shall be arranged with each owner of such utilities and structures; Contractor shall pay all costs of such relocations for convenience. During construction of pipe lines, it may be necessary to cross under certain underground utilities. Prevent damage to such utilities and structures. Where necessary, divert flow in drains or culverts so that trenches are kept dry during work. Deposit and compact sand or gravel backfill beneath said structures by mechanical means in layers not to exceed 6". Wherever such structures are disturbed or broken, restore them to good condition at no additional cost to Owner. B. C. D. Site Preparation - Page 2 SECTION02050 EROSION CONTROL 1.0 GENERAL 1.01 Summary ■:v-. Provide environmental controls as shown and as specified: Comply with applicable provisions of Div. 0 and 1. A. ,rI1.02 Work Bv Owner Owner will: 1. File Notice of Intent for Storm Water Discharges Associated with Construction Activities under a General MNPDES Permit at least 14 days prior to the start of cpristructipn. 2. Provide Contractor with a copy of the Notice of Intent and the site erosion control and stormwater management plan. Contractor shall keep these items at the site during construction. 3. File Notice of Termination after construction site has undergone final stabilization. 1.03 Measurement & Payment EROSION CONTROL will be paid for at the contract lump sum price based upon the erosion control required as shown in the plan sheets. This price shall be full compensation for furnishing, delivering, installing, maintaining, and removing erosion control; If erosion control is not installed according to the contract documents the engineer reserves the right to pay only a portion of the lump sum price and to withhold additional payment as a penalty. A. ; A. 2.0 PRODUCTS 2.01 Silt Fence The geotextile fabric shall consist of either woven or non-woven polyester,-polypropylene^ stabilized nylon, polyethylene or polyvinylidene chloride with the following requirements; All fabric shall ha;ve the minimum strength values in the weakest principal direction: Nonrwoven fabric may; be needle punched, heat bonded, resin bonded or a combination thereof A. 2.02 Erosion Bales A. Hay or straw, in good condition, with rectangular surfaces, tightly bound with twine (not wire). 2.03 Erosion Mat A. Erosion mat shall be a uniform web of interlocking wood excelsior fibers, with a net backing on one side. The wood from vyhich the blanket is produced shall have been properly cured to achieve adequately curled and b^bed fibers. B. the blanket shall be of uniform thickness with the wood fibers evenly distributed oyer the entire area of the blanket. C. The blanket shall be furnished in rolled strips. The width of the strips shall be 48-inches, plus or minus one inch. Therweight of the blanket measured under average atmospheric conditions shall be 78 pounds per 80 square yards, plus or minus ten percent. The net backing shall have a mesh size not exceeding 1-1/2 by 3 inches and may be woven from twisted paper, cotton cord, a biodegradable plastic or other approved material. The blanket shall be non-toxic to vegetation. D. Staples for anchoring the erosion mat in place shall be U-shaped, made of No. 11 gage or lairger diameter steel wire, or other approved material, have a width of one to two inches, and a length of not less than six inches for firm soils and.not less than 12 inches for loose soils. . . I Erosion Control - Page 1 2.04 Stabilized Vehicle Entrance Materials used to construct a stabilized vehicle entrance shall be two to three inch washedA. aggregate. 3.0 EXECUTION 3.01 Silt Fence The silt fence shall be erected prior to starting any construction operation which might cause any sedimentation or siltation at the site of the proposed silt fence. The silt fence shall, when possible, be constructed in an arc or horseshoe shape with its ends pointing up slope. The silt fence shall be constructed to the dimensions and in accordance with the details shown on the plans. Silt fences shall be removed, as determined by the engineer, after the slopes and ditches have been stabilized and turf developed to the extent that future erosion is unlikely. Materials remaining after removal shall become the property of the contractor and shall be disposed of off the right of way. The contractor shall inspect all silt fences immediately after each rainfall and at least daily during prolonged rainfall. Any deficiencies shall be immediately corrected by the contractor. In addition, the contractor shall make a daily review of the location for silt fences and filter barriers in areas where construction activity changes the earth contour and drainage runoff to ensure that the silt fences are properly located for effectiveness. Where deficiencies exist, additional silt fences shall be installed as approved or directed by the engineer. Sediment deposits shall be removed when the deposit reaches approximately one third of the volume capacity of the silt fence. Any sediment deposits remaining in place after the silt fence is no longer required shall be dressed to conform with the existing grade and the area shall be restored as required. A. B. C. D. 3.02 Erosion Bales The bales shall be placed end to end across ditches or at other areas requiring erosion control. The bales shall be placed immediately after shaping of the ditches or slopes is completed. Bales should be placed at right angles to the direction of flow and shall be embedded and securely anchored with stakes as shown on the plans. Sumps shall be excavated upstream from the dikes as directed by the engineer. Erosion bales shall be removed, as determined by the engineer, after the slopes and ditches have been stabilized and turf developed to the extent that future erosion is unlikely. The bales may be used as mulch or shall otherwise be satisfactorily disposed of. Any sediment deposits remaining in place after the erosion bales are no longer required shall be dressed to conform with the existing grade and the area shall be restored as required. A. B. C. 3.03 Erosion Mat All stones, clods, roots, sticks or other foreign material which would interfere with the mat bearing completely on the surface shall be removed prior to placing the mat. Any seeded areas damaged or destroyed during erosion mat placing operations shall be reseeded as specified for the original seeding. All surplus excavation or materials, and all stones, clods or other foreign material removed in the preparation of surface for placing the mat, shall be disposed of by the contractor. Following the placing of the mat over a seeded area, water shall be uniformly applied to the area sufficiently to moisten the seedbed to a depth of 2 inches and in a manner to prevent washing or erosion. The contractor shall maintain the erosion mat and make satisfactory repairs of any areas damaged by erosion, traffic, fires or other causes until acceptance of the work. A. B. C. D. E. 3.04 Stabilized Vehicle Entrance A. The stabilized vehicle entrance shall be installed as soon as feasible after the start of construction. Erosion Control - Page 2 To reduce the amount of sediment being transported from the site stabilized vehicle entrances shall be installed wherever construction equipment exits the site. The stabilized vehicle entrance shall be 6 inches thick, 50 feet in length, and at least 8 feet wide. The width shall be 14 feet jf it is necess^ to have vehicles pass on the site. The stabilized vehicle entrance shall remain in-place and be maintained until construction is complete or when it needs to be removed to continue essential construction activities. When the stabilized vehicle entrance is no longer needed it shall be removed by the contractor. B. C. D. E. I r'. I . » I I I I I I I I Erosion Control - Page 3 h- SECTION 02110 CLEARING AND GRUBBING 'f-; 1.0 GENERAL ■i 1.01 Summary Clearing and Grubbing shall consist of cutting and disposing of trees, brush, windfalls, logs and other vegetation occurring within the clewing limits, and the removing and disposing of roots, stumps^ stubs, grubs, logs and other timber from within the grubbing limits as hereinafter defined or which interfere with excavation, embankment, marsh or waste disposal or designated clear vision areas. A. 1.02 Measurement and Payment A. When so provided the quantity of clearing or of grubbing will be measured by the lump sum. The areas measured for payment under the lump sum unit shall consist of areas cleared and:grubbed within the limits so designated, and shall be computed from horizontal measurements of the area bounded by the line of trunks to be cut or grubbed, except that, clearing or grubbing will not be measured or paid for outside the limits of the right-of-way or easements acquired for grading, drainage, marsh disposal or other purposes. 2.0 PART 2 (NOT USED) 3.0 PART 3 EXECUTION j. •3.01 Construction Methods A. Except as hereinafter set forth, clearing and grubbing shall be performed on all areas between lines five feet outside the grading limits of roadway ciits and fills, including intercepting embankments, channels, ditches, borrow pits, marsh or waste disposal areas and on other parts of the right-of-way so designated on the pl^s or in the special provisions. Grubbing need not be performed,on areas to be occupied by earth embankments six feet or more in height, nor on marsh excavation disposal areas for which easements have been obtained. B. Unless specifically designated otherwise on the plMS, or by the engineer; all trees, brush, shrubs or other vegetation occurring within the limits defined above shall be cut off and disposed of as hereinafter provided. All stumps, roots, logs or timber and all brush, matted roots ^d debris not suitable for the roadway foundation within the grubbing limits shall be removed to a depth of not less than 12 inches below the original ground .surface in embankment areas. In cut areas such material shall be removed to a depth of not less than 12 inches below the subgrade. C. Trees and shrubs located beyond the clearing limits shall not be removed unless their removal is specifically authorized. Within areas to be cleared, and where grubbing is not required, all shrubs and brush shall be cut within three inches of the ground surface and all trees shall be clean cut as nearly flush with the.ground surface as is reasonably possible with tools ordinarily used for such operations. D. All cut surfaces and abrasions sustained by healthy oak trees and saplings between April 1 and September 30 as a result of the contractor's' operations shall be promptly and completely painted with asphalt base tree paint. The cut surfaces of the stumps of all healthy oak trees and saplings which are to remain in place or which are to be grubbed shall likewise be painted. ■ I Clearing and Grubbing - Page 1 Where feasible, trees shall be felled toward the center of the area to be cleared. Where trees cannot be felled without danger to traffic or injury to other trees, structures or property, they shall be cut in sections from the top down. When so designated on the plans or directed by the engineer, trees or shrubs located within clearing areas which are desirable for shade or road beautification shall be preserved. Trees and shrubs to be left in place on the right-of-way shall not be damaged or injured by the contractor. When limbs or branches of trees to be left in place overhang the roadbed and do not leave a clearance of at least 20 feet above the finished grade, such trees shall be carefully and symmetrically trimmed on their lower limbs or branches so as to provide a clearance of not less than 20 feet above finished grade. Such trimming shall be performed in accordance with generally accepted horticultural practices and all cut surfaces one inch or more in diameter shall be painted with asphalt base tree paint. Cut surfaces less than one inch in diameter on oak trees shall be treated as hereinbefore provided. E. F. G. H. Disposal of Materials Stumps, roots, brush, waste logs and limbs, timber tops and debris resulting from clearing and grubbing or occurring within the clearing and grubbing limits may be disposed of by burning, chipping, burying or removing from the highway right-of-way. Such material to be disposed of by burning may either be burned in the open, where permitted, or in an approved air curtain destructor where the use of such equipment is allowed. Materials to be disposed of by open burning may be piled and burned within the clearing limits at such times and in a manner as not to injure trees or shrubs which are to be left in place, or create a nuisance or create a hazard to traffic or cause damage to public or private property. In the event the contractor disposes of materials resulting from clearing and grubbing operations by the use of machines which cut or chip the wood material into small particles, the resulting chipped material shall be fully recovered as it leaves the machine and shall be stockpiled and used for mulch, and be disposed of off the right-of-way or be buried as hereinafter provided. When open burning is not permitted, the contractor may, with the engineer's approval, dispose of such material by burying the material in a satisfactory manner at approved locations on the highway right-of-way outside the construction limits. The bulk of the material shall be reduced to a practical minimum and shall be covered with at least one foot of earth. Debris remaining from open burning, when such burning is permitted, may likewise be disposed of. Such material not otherwise disposed of shall be disposed of off the highway right-of-way in accordance with applicable solid waste disposal regulations. Written permits for such disposal shall be obtained by the contractor from the owner of the property upon which the material is placed, unless such material is disposed of at a licensed waste disposal operation. Such permits, or copies thereof, shall be furnished to the engineer. 3.02 A. B. C. D. E. F. Scheduling The disposition of clearing and grubbing debris shall normally be performed prior to proceeding with grading operations. When such disposition is by burning and burning permits cannot be secured from the proper authorities at the time contemplated for disposal of such debris, failure to secure burning permits shall not be cause for delay in removal of clearing debris from within areas affected by other operations. In such event, the work under the items of Clearing and Grubbing shall be construed to include piling of clearing and grubbing debris beyond the limits affected by other work, until such time as burning permits can be secured and the rehandling and disposal of remaining debris can be accomplished. 3.03 A. Clearing and Grubbing - Page 2 SECTION 02115 STRIP TOPSOIL 1.0 GENERAL 1.01 Summary This work shall consist of the removal of topsoil from the sites of proposed roadway excavations and embankments in such amounts and to such depths as available or necessary to cover the slopes of the work after construction is complete. A. 1.02 Related Sections Site Preparation - 02010 Site Restoration - 02990 A. B. 1.03 Measurement & Payment The bid item STRIP TOPSOIL will not be measured by the engineer. STRIP TOPSOIL will be paid for at the contract lump sum price which includes full compensation for excavating, loading, hauling and stockpiling the material. A. 2.0 PRODUCTS 2.01 Topsoil Topsoil shall consist of the natural loam, sandy loam, silt loam, silty clay loam or clay loam humus-bearing soils available from the overlying portions of the areas contemplated by the plans or contract to be occupied by the completed roadway and sitework. A. 3.0 EXECUTION 3.01 Stripping Limits The limits of stripping topsoil shall be indicated on the plans in one of the two following ways: 1. The stripping limits shall be shown on an overall site plan of the area. 2. If the stripping limits are not directly shown on the plans they shall be determined by examining the cross sections. The point at which the outer most frnished ground cross section intersects the existing ground cross section shall be the stripping limits for that particular section of roadway. A. 3.02 Stripping Procedures Remove heavy growths of vegetation prior to stripping topsoil. Grasses longer the 1 ’ high shall be mowed prior to stripping topsoil. Strip topsoil from the project area to whatever depths encountered. Prevent intermingling with underlying subsoil or other objectionable material. Where trees are indicated to remain, terminate stripping a sufficient distance from such trees to prevent damage to the root system. Stockpile topsoil in storage piles where designated by the engineer. Construct storage piles to freely drain surface water from the site. If stockpiles are in an area where erosion is a concern, the engineer may request that temporary seeding be applied to the stockpiles. All stockpiled topsoil is to remain onsite unless otherwise directed by the Owner or Engineer. Under no circumstances shall the Contractor remove topsoil from the site without the Owners consent. A. B. C. D. E. Strip Topsoil - Page 1 F. Topsoil stripped from existing wetland area shall be stockpiled separately for use in the wetland replacement area. Wetland soils shall be spread to a minimum depth of 4-inches within the wetland replacement area (elevation 1028) after grading of the pond is complete. 3.03 Scheduling A. Stripping topsoil shall be performed prior to any underground utility work or grading operations. Strip Topsoil - Page 2 SECTION 02221 TRENCHING. BACKFILLING. AND COMPACTING 1.0 GENERAL 1.01 Summary Provide trenching, backfilling, and compacting for piping, conduits, and other buried utilities as shown and as specified. Comply with applicable provisions of Div. 0 and 1. A. 1.02 Related Sections A. 02010 Site Preparation. 1.03 Classification Excavation of materials encountered under this work will be unclassified, except for excavation of rock as defined below. Rock is defined to include hard, solid rock in ledges, bedded deposits, boulders, buried concrete masses not shown on drawings, and natural conglomerated deposits so firmly cemented as to possess all characteristics of solid rock. Isolated masses less than I cu. yd. will not be considered as rock. Firmly cemented sedimentary materials in the form of silt-stone, sandstone, shale, or conglomerate will be classified as rock if, after several blows with pointed end of a standard pick applied to flat surface, material cannot be loosened, broken down, or penetrated. When material is encountered that may be classified as rock, notify ENGINEER who will test degree of resistance and make a final determination. A. B. C. D. 1.04 Submittals Test Reports: Submit reports for laboratory tests and field density tests required under "Testing" article. Make submittals in accordance with Section 01005. A. 1.05 Testing Contractor shall arrange and pay for soil sampling and testing by a qualified testing agency, acceptable to Owner and independent of Contractor. Test soil materials for suitability for intended purpose. Determine mechanical analysis, liquid and plastic limit, and moisture-density curve (ASTM D698) for each type of soil encountered. Test in accordance with standard recognized procedures. Perform at least two field density tests in random compacted backfill layers for every 400 linear feet of trench, or fraction thereof, under roadways and walks. Density tests shall be at randomly selected locations and in accordance with ASTM D1 556 (sand cone method) or ASTM D2922 (nuclear method). Where field testing indicates that soils are below specified density, provide additional compaction and testing at no additional cost to Owner. A. B. 1.06 Protection A. Protect existing improvements, utilities, trees and shrubs, and reference marks in accordance with Section 02010. 1.07 Measurement and Payment Trenching, backfilling, and compacting work specified under this Section, including removing and disposing of obstructions, repairing or replacing damaged items, dewatering, and related construction delays, shall be considered incidental to bid items; no additional compensation will be allowed unless a separate pay item is included in Bid Schedule or otherwise provided below. A. Trenching, Backfilling, & Compacting - Page 1 When a pay item for Rock Excavation is included in Bid Schedule, payment will be made at contract unit price per cubic yard. Measurement for payment will be the volume of rock excavation, calculated on the basis of average cross-sectional end areas, within the maximum trench width for rock excavation as defined in "Trenching" article. Unit price shall include furnishing and placing granular bedding between rock and pipe. If rock excavation is not included in Bid Schedule, a price will be negotiated as provided in General Conditions, unless otherwise indicated. When a pay item for Sheathing and Bracing is included in Bid Schedule, payment will be at contract price per linear foot of sheathed trench, including removal. Sheathing ordered left in place will be paid for on same basis, plus invoice cost of lumber including upper removed portion. Spot braces, individual shorings spaced at various intervals along trench, portable trench boxes or sliding shields will be considered incidental to cost of pipe laying. When a pay item for Well Point Dewatering is included in Bid Schedule, payment will be made at contract unit price per linear foot of effectively dewatered trench up to actual length of header used. Header will be measured parallel with pipeline from first well point to last well point. (Points shall be uniformly spaced.) No extra payment will be made for well pointing around structures or for laterals. Any single well point system installation will be paid for only once regardless of whether system will dewater one trench or two, such as where two pipelines are installed in separate trenches paralleling each other. Payment for individual dewatering wells will be per linear foot of trench effectively dewatered, based on the contract unit price for well pointing, unless otherwise authorized. When a pay item for Deep Well Dewatering is included in Bid Schedule, payment will be at the contract unit price per linear foot of effectively dewatered trench up to actual length, measured parallel with pipeline, from first well to last well. No extra payment will be made for wells around structures or for laterals. Any single well system installation will be paid for only once regardless of whether system will dewater one trench or two, such as where two pipelines are installed in separate trenches paralleling each other. Payment for individual dewatering wells will be the linear foot of trench effectively dewatered, based on the contract unit price for deep wells, unless otherwise authorized. When a pay item for Washed or Crushed Stone is included in Bid Schedule, payment shall include extra excavation and replaced stone and granular bedding. Payment will be on basis of trench measure at contract unit price per cubic yard. Width of trench measure shall not exceed limits defined in "Trenching" article. When a pay item for Granular Base is included in Bid Schedule, payment will be made on basis of contract unit price per cubic yard of compacted volume determined by measurement of excavated trench space. Such payment shall include extra excavation, as required. When a pay item for Granular Backfill is included in Bid Schedule, payment shall include excavation and disposal of undesirable material and providing and placement of granular backfill. Payment quantity shall be per cubic yard based on computing height and width of trench excluding pipe area. Height shall be from top of bedding to finished surface, excluding topsoil or pavement. Width shall be actual trench width, but shall not exceed trench sloping limitations established by Wis. Adm. Code. Granular Bedding required in hard clay shall be included in quantity of Granular Backfill. When a pay item for Trench Compaction is included in Bid Schedule, payment will be made at contract unit price per linear foot of compacted trench measured along pipeline. B. C. D. E. F. G. H. 1. 2.0 PRODUCTS 2.01 Soil Materials. General Soil for fill and backfill shall be free of organic matter, debris, frozen soils, ice, and other objectionable materials. Rock particles larger than maximum size specified shall be removed prior to placement of soil. A. Trenching, Backfilling, & Compacting - Page 2 Select existing material excavated from site may be used if it meets requirements specified. If necessary, furnish additional approved material from suitable off-site sources. B. 2.02 Washed or Crushed Stone Clean, hard, tough, durable, 1-1/2" washed stone, crushed rock, crushed gravel, or gravel free from adherent coatings and soft, flat, or elongated particles. A. 2.03 Granular Base. Bedding, and Backfill Select soils complying with ASTM D2487 soil classification groups GW (well-graded gravel), GP (poorly-graded gravel), SW (well-graded sand), or SP (poorly-graded sand). Aggregate shall pass a 3/4" sieve and not more than 35% shall be retained on a #10 sieve. Maximum 5% by weight shall pass a #200 sieve. A. 2.04 Backfill Previously excavated soils, free of aggregate larger than 3", and suitable for intended purpose.A. 3.0 EXECUTION 3.01 Preparation Provide site preparation, including clearing and topsoil removal, as required in accordance with Section 02010. A. 3.02 Trenching Excavate trenches so that pipe can be laid safely and accurately to required line and grade. Hand excavate for bells, fittings and projections to allow for proper jointing and to insure that pipe rests evenly along barrel and is not resting on bell. Excavation shall extend to bottom of pipe bedding. Unnecessary excavation below this required level shall be filled with compacted sand, gravel, crushed stone or concrete, as approved by ENGINEER. In sand and gravel soils, bottom of trench may be shaped to fit bottom 1/3 of pipe. In silt or clay soils, bottom of trench shall be 4" below pipe barrel and 3" below bell. In rock, bottom of trench shall be 6" below pipe barrel. Under foundations and footings, bottom of trench shall be 8" below pipe. Provide Granular Bedding as specified below. Trench widths in ordinary soil shall be limited at top of pipe to not less than a 6” clearance on either side of barrel to allow for installation of bedding material between pipe and trench wail. Maximum trench width at top of pipe shall be outside pipe diameter plus 24" (30" minimum). Trench above top of pipe may be sloped, stepped or vertical to comply with state and federal regulations regarding trenches. Minimum trench width in rock shall not be less than that for ordinary soil. Maximum trench width shall be outside pipe diameter plus 18" for an unsheathed trench, and outside pipe diameter plus 24" for sheathed trench. A. B. C. D. E. 3.03 Stability of Trenches Slope sides of trenches to angle of repose of material excavated; otherwise, provide sheathing and bracing where sloping is not possible either because of space restrictions or stability of material excavated. Comply with applicable codes and ordinances. Maintain sides and slopes of trenches in a safe condition until completion of backfilling. Take precautions to prevent slides or cave-ins when trenches are made in locations adjacent to backfilled trenches, and when sides of trenches are subjected to vibrations from traffic, machinery, or any other source. A. B. 3.04 Sheathing and Bracing Trenching, Backfilling, & Compacting - Page 3 Provide tight sheathing where necessary to protect nearby structures and pavements, or when trench size must be confined. Notify ENGINEER of unforeseen condition that requires use of sheathing. Sheathing shall be driven unless soil conditions allow sets to be placed after excavating. If placed after excavating, voids between trench wall and sheathing shall be immediately filled with sand. Removal of sheathing shall not take place until trench is backfilled. Compact backfill by flooding or jetting after sheathing is removed. Obtain written approval to leave some or all of sheathed sets to remain in place; cut off and remove upper portion within 2 ft. of surface. A. B. 3.05 Limits of Amount of Work Opened Do not open trenches more than 200 ft. in advance of pipe laying unless otherwise permitted by ENGINEER; backfilling shall be kept within 600 ft. of completed pipe laying. Provide construction fence barricades around open trenches and pits when unattended. Trenches adjacent to roadways in service shall be backfilled to existing grade at completion of each day's work. Trenches elsewhere shall be backfilled each evening to within 50 ft. of complete pipe installation. Maintain access to commercial enterprises at all times. Intersecting streets, private drives, and alleys shall be open to traffic at end of each day, unless otherwise approved. A. B. C. 3.06 Wet Trench Conditions Contractor shall attempt to dispose of ground water or surface drainage entering trench by employing ordinary dewatering techniques such as use of sump pumps, sump pits adjacent to pipe alignment, dikes, and similar methods. Allowing water to flow into pipe being laid will not be permitted, except for storm sewer after joints have set. Install temporary stopper or plug on upper end of pipe if there is danger of sand or debris being washed into pipe. A. 3.07 Well Point and Deep Well Dewatering Where in opinion of ENGINEER, trench cannot be kept dry by ordinary dewatering techniques, install a well point or deep well system to effectively dewater trench. If dewatering wells are approved, they shall be drilled, maintained, and abandoned in accordance with requirements of Minn. DNR. For dewatering wells that have a single or aggregate capacity greater than 70 gpm, obtain a well permit from Minn. DNR, Private Water Supply Section. A. B. 3.08 Unstable Trench Bottom When trench bottom is unstable because of ground water, ENGINEER may require extra excavation to remove unstable material. Provide Washed or Crushed Stone foundation followed by Granular Bedding as required in "Bedding and Initial Backfill" article. A. 3.09 Poor Subsoil Materials Notify ENGINEER whenever muck, sawdust, bark, or other material is encountered which would not form a suitable and permanent base; ENGINEER may order it removed and replaced with Granular Base up to bottom of normal trench section. A. 3.10 Bedding and Initial Backfill Bedding, haunching, and initial backfill for rigid pipes shall be in accordance with ASTM Cl2, Class C or better. Bedding, haunching, and initial backfill for flexible pipes shall be in accordance with ASTM D2321, Class 11 or better. Trenches dug in sandy or gravelly materials may use undisturbed earth for bedding provided surface is shaped to conform to pipe. Provide Granular Bedding in all other trenches from subgrade to a point supporting bottom 1/3 of pipe for rigid pipe and to springline (midheight) for flexible pipe; see Details. Place and compact bedding so that it fills and supports pipe haunch area. A. B. Trenching, Backfilling, & Compacting - Page 4 Immediately after installation of pipe, provide tamped Granular Backfill up to a minimum depth of 1 ft. above pipe. Take special care in placing and tamping initial backfill material so alignment and grade of pipe is not disturbed nor pipe damaged. C. 3.11 Trench Backfill Backfill more than 1 ft. over pipe under roadways and walks shall be previously excavated soil that is reasonably free of clay. All other trench backfill over initial backfill zone may be previously excavated soil subject to approval by ENGINEER. Backftlling above initial backfill zone in areas where settlement is not critical may be done from top of trench by mechanical means. In no case shall backfill material be dropped from such a height or in such a volume that its impact will cause dislocation or damage to piping. When backfilling in freezing temperatures, cover pipe and tamp backfill around pipe using only loose thawed material. Do not place frozen material in trench within 2 ft. of top of pipe, nor around manholes and other structures. A. B. C. 3.12 Compaction Provide equipment required to obtain specified compaction. Compaction shall be by mechanical means, except bedding and initial backfill may be hand or mechanically tamped. Compaction shall be Class I under pavements, roadways and walks, and Class II in all other areas. Class I Trench Compaction shall consist of mechanically compacted backfill placed in 9" layers, from 1 ft. above pipe to surface, each compacted to 95% of maximum density as determined by ASTM D698/AASHTO T99 (Standard Proctor test). Class II Trench Compaction shall consist of mechanically compacted backfill placed in 18" layers, each compacted to 90% of maximum density as determined by ASTM D698/AASHTO T99 (Standard Proctor test). A. B. C. 3.13 Restoration A. Unless otherwise specified, restore surface drainage, pavements, lawns, and other areas disturbed by construction to their original conditions. Areas adjacent to roadway shall be sloped to drain. 3.14 Disposal of Excess and Waste Materials If directed by Owner, deliver excess excavated materials to designated areas within one mile of point of loading. Dispose of excess excavated materials not wanted by Owner and waste materials at legal disposal site. A. Trenching, Backfilling, & Compacting - Page 5 SECTION 02223 ROADWAY EXCAVATING. FILLING & COMPACTING 1.0 GENERAL 1.01 Summary Provide excavating, Ailing, grading, and compacting for pavements and roads as showm and as speciAed. Comply with applicable provisions of Div. 0 and 1. A. 1.02 Related Sections Site preparation - 02010 Granular subbase course - 02233. Crushed aggregate Base course - 02236. Asphaltic concrete pavement - 02513. A. B. C. D. 1.03 ClassiAcation A. Excavation of materials encountered under this work will be unclassified without regard to type, difficulty to remove, or suitability for use in construction. 1.04 Submittals Submit reports for laboratory tests and field density tests required under article "Testing".A. 1.05 Testing Contractor shall arrange and pay for soil sampling and testing by a qualiAed testing agency, acceptable to Owner and independent of Contractor. Test soil materials for suitability for intended purpose. Determine mechanical analysis, liquid and plastic limit, and moisture-density curve (ASTM D698) for each type of soil encountered. Test in accordance with standard recognized procedures. Perform at least one field density test on subgrade and in each compacted All layer for every 500 linear feet of roadway. Density tests shall be at randomly selected locations and in accordance with ASTM D1 556 or ASTM D2922. Where field testing indicates that soils are below speciAed density, provide additional compaction and testing at no additional expense to Owner. A. B. 1.06 Protection A. Protect existing improvements, utilities, trees and shrubs, and reference marks in accordance with Section 02010. 1.07 Blasting A. Use of explosives is not permitted. 1.08 Measurement & Payment A. Measurement for UNCLASSIFIED EXCAVATION will be calculated prior to construction by the Engineer. The quantity of UNCLASSIFIED EXCAVATION is computed by the average end area method aAer adjusting for topsoil removal. Excavating, Ailing, grading, compacting, disposal of excess materials, temporary drainage, and related earthwork for roadways will be paid for at the contract unit price of CY for UNCLASSIFIED EXCAVATION. Roadway Excavating - Page 1 2.0 PRODUCTS 2.01 Soil Materials. General Soil materials shall be free of organic matter, debris, frozen soils, ice, and other objectionable materials. Rock particles larger than maximum size specified shall be removed prior to placement of soil. Select existing material excavated from site may be used if it meets requirements specified. If necessary, furnish additional approved material from suitable off-site sources. A. B. 2.02 Roadway Fill Previously excavated soils, free of aggregate larger than 6", and suitable for intended purpose.A. 3.0 EXECUTION 3.01 Preparation Provide site preparation, clearing (if required), and topsoil removal in accordance with Section 02010. When shown, protect trees or shrubs around which fills are placed by tree wells built in accordance with Details or as directed. A. B. 3.02 Drainage During Construction During construction, drain roadway, ditches, and channels at all times by keeping excavation areas and embankments sloped to approximate section of final earth grade. If existing surface drainage must be interrupted, provide temporary drainage. Perform construction to avoid washing, sloughing or deposition of materials into channels which may result in contamination or silting of waterway. Take precautions to protect and continue service of existing drain tiles, sewers, and other subsurface utilities; repair damage to drains, sewers and utilities. A. B. 3.03 Excavation Excavate materials as required for construction of roadway subgrade (including curb & gutter or shoulder areas) to lines, grades, and cross-sections shown. Subgrade is considered top surface of roadbed upon which subbase, base, or surface courses will be constructed. Excavate and grade entrances, approaches, ditches and channels within and beyond right-of-way as shown or as located by ENGINEER. Remove and satisfactorily dispose of surface and base courses, embankment surcharge, masonry walls, foundations of buildings, or other obstructions that lie within construction limits. Remove deposits of frost-heave material, unstable soils, topsoil containing considerable amounts of organic matter, or other undesirable foundation material from area within roadbed to depths as shown or as directed. Notify Engineer of questionable materials. Scarify subgrade to depth necessary to accomplish blading, leveling and compacting operations. Remove stones larger than maximum size specified for roadway fill. Conduct excavation to avoid removing or loosening material outside designated construction limits; replace and thoroughly compact subgrade material removed or loosened. A. B. C. D. E. Filling Suitable material from excavations shall be used for construction of fills and embankments. Place fill and embankment material in conformity with lines, grades, cross sections and dimensions shown. Spread fill in successive uniform horizontal layers not exceeding 12" depth over entire area before compaction. Each layer shall be worked to break down clods over 6" size and to secure uniform moisture content. Where filling in 12" layers is not feasible, as in case of filling in water or over 3.04 A. B. Roadway Excavating - Page 2 I steep slopes, construct fill in one layer to minimum elevation at which equipment can be operated. Above this elevation, construct fill in layers of specified depth. C. Materials to be incorporated in top 12" of earth fills and embankments shall be free of any substantial quantity of gravel or broken stone which would significantly affect scarifying and finishing of subgrade. 3.05 Compaction A. Compact top 12" of subgrade and each layer of fill material to 95% of maximum density as determined by ASTM D698/AASHTO T99 (Standard Proctor test). 3.06 Final Grading A. During grading operation and prior to placement of base or surface courses, if included in the work, provide continuous maintenance of entire roadbed. Maintain subgrade to specified section and in a firm smooth condition, removing ruts or surface irregularities produced by equipment or traffic. Correct soft or yielding places, holes or other defects which develop in subgrade by reason of traffic, hauling, poor drainage, unstable materials, or from any other cause. Remove snow and ■ ice, if any, from roadbed before base or surface course is placed. 3.07 Restoration A. Unless Otherwise specified, restore surface drainage, pavements, lawns and areas disturbed by construction to their original conditions. 3.08 Disposal of Excess & Waste Materials A. If directed by Owner, deliver excess excavated materials to designated areas within one mile of ' point of loading. Dispose of excess excavated materials not wanted by Owner and waste materials at legal disposal site. I I I I . i I • 'Vf I I I I I I I I I !I I I Roadway Excavating - Page 3 SECTION 02236 CRUSHED AGGREGATE BASE COURSE 1.0 GENERAL 1.01 Summary Provide dense compacted base course composed of one or more layers of coarse aggregate, fine aggregate, and binder or filler blended to produce an intimate mixture of required gradation and stability as shown and as specified. Comply with applicable provisions of Div. 0 and 1. A. 1.02 Related Sections A. Roadway earthwork - 02223 B. Granular subbase - 02233 C. Paving-02513 1.03 Submittals Submit reports for laboratory tests and field density tests required under article "Testing". Submit all load tickets to the Engineer. The tickets must include the net weight of the load, date, time, material classification, source of material, destination of material, and the driver name. A. B. 1.04 Testing Contractor shall arrange and pay for base course sampling and testing by a qualified testing agency, acceptable to Owner and independent of Contractor. The following tests are required for Crushed Aggregate Base Course: 1. A gradation test, mechanical analysis, liquid and plastic limit, and a Standard Proctor test shall be performed prior to placing base course. 2. Upon commencing placement of base course at least one field density test shall be performed for every 500 linear feet of roadway. Density tests shall be at randomly selected locations and in accordance with ASTM D1 556 or ASTM D2922. 3. Upon commencing placement of base course at least one gradation test shall be performed for every 600 tons of base course placed on the project. A minimum of one test is required. In the event that a gradation test reveals that materials do not meet the project specifications placement of base course shall halt. The engineer shall make a decision on what corrective actions are required. Where field testing indicates that base course is below specified density, provide additional compaction and testing at no additional expense to the Owner.. A. B. C. 2.0 PRODUCTS 2.01 Base Course Aggregates Hard, durable particles of crushed stone or crushed gravel and a filler of natural sand, stone sand, or other finely divided mineral matter. Oversize material shall be removed by screening or shall be crushed to required sizes. Composite material shall be free from organic matter and lumps or balls of clay and shall meet requirements of gradation schedule. Owner reserves right to prohibit use of crushed stone from limestone deposits having thinly bedded strata or strata of shale and to reject material from any source where material will not meet applicable requirements. Aggregate shall have a percentage of wear of not more than 50, unless otherwise noted. A. B. C. Crushed Aggregate Base Course - Page 1 Aggregate, including any blended filler, shall have a liquid limit of not more than 25 and a plasticity index of not more than 6, except in case of aggregates for base course placed between old and new pavements where plasticity index shall not exceed 3. Ratio of fraction passing No. 200 sieve to fraction passing No. 40 sieve shall not exceed 0.5 for gravel aggregates. Not less than 50 percent of particles of aggregate retained on No. 4 sieve shall have at least one surface or face produced by fracture of a larger particle. If filler in addition to that naturally present in base course material is necessary to meet gradation requirements or for satisfactory binding of material, it shall be uniformly blended with base course. Obtain material from approved sources, free of hard lumps, and containing less than 15 percent greater than No. 4 sieve. Aggregates shall be well graded between limits specified and shall conform to the following gradation requirements (Minnesota Grading & Base Manual). D. E. F. G. Percentage by Weight Passing Sieve Size Crushed Gravel Crushed Stone 1 Inch 100 100 3/8 Inch 50-85 40-75 No. 4 35-65 25-60 No. 10 25-50 15-45 No. 40 10-30 No. 200 3-10 3-12 Note: See specials for potential gradations other than those shown above. 3.0 EXECUTION 3.01 Base Course Prior to placing crushed aggregate base course the engineer and contractor shall inspect the subgrade for unstable areas. Unstable areas shall be repaired before placing crushed aggregate base course. Place base course to line, grade, depth and section shown with proper allowance for paving, if required. Comply with Minn. Std. Spec., Section 3138, except as otherwise specified. Base course shall be compacted over entire area to 95% of maximum density at optimum moisture content as determined by ASTM D698/AASHTO T99 (Standard Proctor test). A. B. C. Crushed Aggregate Base Course - Page 2 SECTION 02271 RIPRAP 1.0 GENERAL 1.01 Summary Provide loose rock riprap, including geotextile filter fabric, as shown and as specified. Comply with applicable provisions of Div. 0 and 1. A. 1.02 Submittals Product Data; Submit filter fabric product data. Include material samples, certification of physical properties, and installation procedure. Make submittals in accordance with Section 01005. A. B. 1.03 Material Source Notify in writing of sources of riprap. Provide access to sources to enable ENGINEER to inspect and obtain samples. Do not deliver riprap until reviewed by ENGINEER. A. 1.04 Testing ENGINEER may perform tests to verify that riprap and completed work meet specified requirements. However, these tests are not intended to provide Contractor with information he may need to assure that materials and workmanship meet requirements of specifications, and their performance will not relieve Contractor of responsibility of performing his own tests for that purpose. A. 1.05 Storing & Handling A. Store - and handle - filter fabric in accordance with manufacturer's instructions. 2.0 PRODUCTS 2.01 Riprap Individual rock and rock fragments of field or quarry stone that are dense, sound, durable. Free of defects conducive to weathering, and angular to subangular in shape. Least dimension of individual pieces shall be not less than one-third of greatest dimension. Bulk specific gravity shall be 2.5 or greater. Gradation shall range in weight from approximately 25 to 150 pounds, of which 50% shall weigh more than 60 pounds. A. 2.02 Geotextile Filter Fabric Filter fabric shall be a woven or nonwoven polypropylene, polyethylene, polyamide, or polyester material whose function is to pass ground water from beneath fabric while restricting migration of subgrade soil particles into overlying stone ballast. Fabric shall be treated to insure stability under ultraviolet radiation (sunlight). Provide fabric with the following performance and in-service properties (properties shall be in both principal fabric directions where applicable): A. B. Property Value Test Riprap - Page 1 200 lbs (min.)ASTM D4632Grab Tensile Strength 20% (min.)ASTM D4632Elongation 80 lbs (min.)Puncture Strength ASTM D4833 Mullen Brust Strength 250 psi (min.)ASTM D3786 10 gal/min/ft (min.)Water Flow Rate ASTM D4491 Equivalent Opening Size (EOS) 30-140 sieve ASTMD4751 3.0 EXECUTION 3.01 Subgrade Preparation Grade subgrade surfaces to lines and grades as shown with an allowance for riprap. Remove organic materials. Compact soft subgrade soils. When fill to achieve subgrade lines is required, provide granular bedding or other approved materials. Materials shall not be placed until foundation preparation is completed and subgrade surfaces have been approved. A. B. 3.02 Fabric Installation Provide filter fabric under all riprap, unless otherwise shown. Install filter fabric as shown and in accordance with manufacturer's recommendations. Surface to receive fabric shall be smooth and ftee of obstructions, depressions, and debris. Lay fabric parallel to direction of water flow. If lapping of fabric is required, minimum overlap shall be 2 ft. Overlaps may be eliminated if fabric sections are either factory or field sewn. Seam strength shall be at least 80% of fabric tensile strength. Secure fabric in place to prevent shifting before or during placement of stone or riprap. Repair or replace tom or punctured fabric in accordance with manufacturer's instructions; no extra compensation will be allowed. A. B. C. D. E. 3.03 Equipment-Placed Rock Riprap Riprap shall be placed to full course thickness in one operation from base of slope upward; height of riprap fteefall shall not exceed 1 ft. Riprap shall be reasonably homogeneous with larger rocks uniformly distributed and firmly in contact and smaller rocks and spalls rammed into voids between larger rocks to interlock and form an even surface. Hand placement will be required where necessary to correct obvious irregularities and to prevent damage to adjacent improvements and wherever equipment placement methods are unsatisfactoiy. A. B. 3.04 Hand-Placed Riprap A. Riprap shall be securely bedded with larger rocks firmly in contact one to another. Spaces between larger rocks shall be filled with smaller rocks and spalls. Smaller rocks shall not be grouped as a substitute for larger rock. Flat slab rock shall be laid on edge. Riprap - Page 2 SECTION 02990 SITE RESTORATION 1.0 GENERAL 1.01 Summary Provide site restoration as shown and as specified in the plans. If site restoration limits are not shown in the plans the Contractor shall restore any areas disturbed by construction activities. Site Restoration shall include replacing topsoil, fertilizing, and seeding. Comply with applicable provisions of Div. 0 and Restore surfaces as near as practical to condition existing prior to construction and as designated. Clean site and remove equipment, salvaged material, unused materials, cleared brush and trees, pavements, and debris resulting from construction. Repair or replace lawns, shrubs, trees, and other items within and beyond construction limits damaged or destroyed through carelessness or failure to follow reasonable safeguards. A. B. C. D. 1.02 Related Work Strip Topsoil - 02115. Erosion Control - 02050. A. B. 1.03 Submittals Prior to placing the seed, submit all tags and labels from seed bags to Engineer so the seed mixture can be verified. Deliver in bags tagged and labeled to show percent of purity and germination. A. 1.04 Measurement & Payment Site restoration will not be measured by the Engineer. Site restoration will be paid for at the contract lump sum price for SITE RESTORATION which includes payment for restoring all areas disturbed as a direct or indirect result of construction activities. Types of site restoration shall be indicated on the plans. A. 2.0 PRODUCTS 2.01 Topsoil A. Fertile, friable, natural loam surface soil, reasonably free of subsoil, clay lumps, brush, weeds and free of roots, stumps, stones larger than 2", and other extraneous matter harmful to plant growth which has been obtained from within work area. 2.02 Sod Weed-treated field sod of predominantly Kentucky Bluegrass. Sod shall be reasonably free of stones, crab grass, noxious weeds and other objectionable plants. A. 2.03 Permanent Grass Seed Grass Seed for all projects shall be MNDOT Seed Mixture Number 50A. Seed shall have been tested within one year prior to seeding and shall conform to latest seed laws of United States and of State. Seed mixtures shall conform to the following percentages by weight: A. Site Restoration - Page 1 Species Mixture Proportions % Kentucky “Park” Bluegrass 30% Bluestem, little 6% Bromegrass, smooth 20% Rye-grass, pereimial 20% Switch grass 8% Wheat-grass 8% Timothy 7% Prairie Clover 1% If permanent seeding occurs after September 15, 1999, a dormant seed mix may utilized upon review and acceptance by the ENGINEER and COUNTY. All areas that are seeded with dormant seed must be covered with erosion mat. Areas seeded with a dormant mixture must reach 70% ground cover by June 1, 2000 or be reseeded per 2.03.A. of this section and the soil prepared per 3.01 of this section. B. 2.04 Temporary Grass Seed A. Prior to September 1®*, Oats shall be used for all temporary seeding. B. After September T‘, Winter Wheat or rye shall be used for fall plantings. 2.05 Fertilizer Solid or liquid form, commercial fertilizer having an analysis of 20-10-10 (Nitrogen/Phosphoric/Potash). Organic fertilizer may be used only with prior approval. A. 2.06 Lime Standard agricultural ground limestone with a moisture content not in excess of 10%.A. 3.0 EXECUTION 3.01 Soil Preparation for Site Restoration After the areas upon which the topsoil is to be placed have been prepared and finished to the required lines, grades, slopes, and cross section, the topsoil shall be placed and spread thereon to a uniform depth as shown on the plans or required in the contract. Place a minimum of 4” of topsoil above the subgrade surface. All clods and lumps shall be broken down by means of harrows, discs or other appropriate equipment to provide a uniformly textured soil. Rocks twigs, clods that will not break down and other foreign material shall be removed, and the entire surface shall be dressed to present a uniform appearance. Lawn areas adjacent to private residences shall be hand-raked to a smooth, even finish by a qualified landscaper. Immediately prior to seeding or sodding, apply fertilizer at a rate of 500#/acre (12# per 1000 sq. A. B. C. D. E. F. ft.). 3.02 Lavm Replacement for Site Restoration A. Place 4" of topsoil, prepare soil, and seed at the rate of 3 lb. per 1000 square feet. B. All restoration areas shall be hydro-seeded. Site Restoration - Page 2 Upon the prepared seed bed, the seed shall be sown or spread by means of a stream or spray of water under pressure operated from an approved type of machine designed for that purpose. The selected seed mixture and water shall be placed into a tank, provided within the machine, in sufficient quantities that when the contents of the tank are sprayed on a given area the seed will be uniformly spread at the required rate of application. C. D. During the process the contents of the tank shall be kept stirred or agitated to provide uniform distribution of the seed. The contents of the tank shall be emptied within one hour after the seed is added to the tank. Seed which is allowed to remain mixed with the water for longer than one hour will be rejected. Dragging or rolling will not be required. E. F. 3.03 Field Restoration Restoration of cultivated lands shall include salvaging full depth of topsoil, stockpiling, and replacing topsoil in an even layer at least 6" thick following backfilling. Use temporary grass seed mixture in these areas. A. 3.04 Maintenance Maintain seeded/sodded areas for 30 days or until a complete cover has been properly established, whichever is longer. Maintenance shall include replacement of eroded areas, watering as needed to prevent bum off, and other work as necessary to establish healthy growth. Areas seeded after September 15, which fail to become established in the fall, shall be reseeded and fertilized the following spring before June 1. A. B. C. Site Restoration - Page 3 ^li2c^ g 3;2^' >0-1 fe/: ^ ; OP 72 Acres with a3,000 ft. s^oreliM^ 7 Located just North of Ottertail Lake an Lake on County Road 14 South of RichviU^Mi^rWd0 Perham, MN, 5.5 miles South on Hwy. #78, then^ County Road #14 for 6.5 miles PROPERTY#!: 11+acres with 1100+feet of shoreline. Beautiful PROPERTY #2:61+acres with 1800+ feet of shoreline. Heavily mature woods with 1/2 interest in a private boat landing. 3000 FT. SHORELINE - LAKE ALICE DESCRIPTION/FEATURES: For Absolute Auction we are offering 70 acres of virgin shoreline on Lake Alice surrounded by beautiful scenic timber forest that will be offered in two parcels. Parcel A includes 1100± feet of shoreline on 11 acres that features a number of possible great building locations. Parcel B features 1800 feet of undisturbed shoreline and over 60 acres of rolling woods. Alice Lake boasts water clarity of over 17 feet and a maximum depth of 39 feet. Known by the locals as a great bass and crappie lake, its crystal clear water allows you to see fish swimming as you pass along the scenic trail that runs from North to South. Don’t let the natural shoreline with debris fool you, under the mat of leaves lies a solid sandy shore bed. If you are a deer hunting enthusiast, you’ll be thrilled to learn that the Minnesota DNR’s outdoor map features a set of antlers in this very area where this property lies, and for good reason. There is no shortage of Mr. Whitey on this property, there is deer sign e''ery- where! With your purchase of this property there will be no more shared hunting of the best spots as you find on state land with every­ body and his brother. This is truly an unique piece of property that has it all; a controlled lake access that you as a buyer will control. A great fishing lake that is crystal clear, not one but many great possible building sites on both parcels, possibly some of the best whitetail hunting in the state, and if you really want privacy for you and your family now would be the time to step up to the plate and buy both parcels and have total control of the lake access plus both accesses off of County Road 14. This property lies within min­ utes of literally hundreds of great fishing and recreational lakes. This area is truly a year round vacation spot. Please view these properties at your convenience or for private showing call Bachmann Carow Real Estate, Inc. at 218-346-73Z5 or Alliance Auction & Realty at 763 295 8150 wooded and secluded with 1/2 interest in a private boat landing. mm'w ■'! ’■ d|4" 7* "VERMsr^SiEBB REAL ESTATE BROKM iBUYER’S PREMIUM^ Wtllfil 763-295-8150iRick Berens, Broker/AuctioneeriPROPERTYINSPECTIONP^ Buffalo, MN 55313SELLER’S AND AUCTIO 'l l Lie. #: 86-65 218-346-7325 LuAnn Carow, Broker "I Perham, MN 56573 I Vince Bachmann, Broker/Auctioneer Lie. #: 03-23I' 3t^ private Bo USE THIS MAP AS A HANDY SOURCE TO FIND YOUR WAY AROUND THE PROPERTY. To view the property it is recommended that you fol­ low the scenic trail at the entrance where all the signs are located and, or the easement just south of Red Maple Drive. Notice that there is an old logging trail that extends past the easement that also runs to the south end of the property. Along both trails are strategically placed maps located to assist you to "your location. They are marked with an * .