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2019-2931
,_26 /q -"?� 3 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) HIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA ( "Owner ") and Construction, Inc. ( "Contractor ") unram Const ....... Owner and Contractor hereby agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: SILVER LADE WATER UALIT'Y POND RECONSTRUCTION ARTICLE 2 —THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: 0 REMOVAL OF MISCELLANEOUS STRUCTURES 0 COMMON EXCAVATION • STORM SEWER INSTALLATIONS 0 WET BASIN CONSTRUCTION AND INSTALLATION BIORENTION BASIN CONSTRUCTION AND INSTALLATION RESTORATION ARTICLE 3 — ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by WSB (ENGINEER). 3.02 The ENGINEER is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before November 30, 2019 and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before June 15, 2020. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding 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): 1. Substantial Completion: Contractor shall pay Owner $1,000.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $1,000.00 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. B. The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments, Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 151h day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 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 E1CDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 98 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the rate stipulated in Minnesota Statute 161.322, ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of —... EJCDC C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. R Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has 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. 8. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright m 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7 , inclusive). 2. Performance bond (pages 1 to 3 , inclusive). 3. Payment bond (pages 1 to 3 , inclusive). 4. Other bonds. a. _ (pages _ to _, inclusive). 5. General Conditions (pages 1 to 65 , inclusive). 6. Supplementary Conditions (pages 1 to 8 , inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings (not attached but incorporated by reference) consisting of Silver Lake Boat Landing Stormwater Retrofits, 9 sheets. 9. Addenda (numbers_ to_, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 10 , inclusive). 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. (Stipulated W EJC ® ) tl ri t ). Copyright © 2013 National of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is 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. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non - competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non - competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions (if applicable). E1CDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 0 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on June 10. 2019 (which is the Effective Date of the Contract), OWNER: City of Columbia Heights Kelli IJ urgeois City Manager Donna Schmitt, Mayor [CORPORATE SEAL] Attest: Title: t1r, Address for giving notices: City of Columbia Heights 63738 th Avenue NE Columbia Heights, MN 55421 (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER- CONTRACTOR Agreement.) Designated Representative: Name: Kevin Hansen Title: City g En :Weer Address: 63738 ffi Avenue NE Columbia Heights. MN 55421 Phone: 763 - 706 -3700 CONTRACTOR: SuA%m Gms- lruch 6n _'L,c_ By: Title: .- .___.. F re 1,C�...e r) ........ [CORPORATE SEAL] Attest: a'Y1/ra-M 5r wy1,w Title: No Address for giving notices: _�.�.�G ����► �r� Ins,.._. ��_ _.... m20010 35- h U rc0 ran M N 5 534 C> License No.: BC. (OH 52$0 (Where applicable) Agent for service of process: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Designated Representative: Name: Rt an �Sunrarn Title: V rcp, Pres fdenrt Address: 2.=0 ........�����5* Nye N CUMOrwr MN 55340 Phone: 10— q 2 -2140 E1C ) Agreement Professional owner r (Stipulated Price). Copyright © 2013 National of Engineers, American Council of ngineeringCompani and American Society of Civil Engineers. All rights reserved. Page 7 of 7 ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE CONTRACTOR (name and address): Sunram Construction, Inc. 20010 75th Avenue North Corcoran, MN 55340 OWNER (name and address): City of Columbia Heights, MN PERFORMANCE BOND SURETY (name and address of principal place of business): United Fire & Casualty Company 118 2nd Ave. SE Cedar Rapids, IA 52407 oCity of Columbia Heights, MN,637 - 38th Ave. CONSTRUCTION CONTRACT Effective Date of the Agreement: June 10, 2019 Amount:Three Hundred Twenty -two Thousand Four Hundred Fifty -two And No /100 ($322,452.00) Description (name and location): Silver Lake Water Quality Pond Reconstruction BOND Bond Number: 54224950 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): June 13 , 2 019 Amount: Three Hundred Twenty -two Thousand Four Hundred Fifty -two And No /100 ($322,452.00) Modifications to this Bond Form: ❑ None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY United Fire & Casualty Coo aa . (seal) Surety's NannNnd Corporate Seal By; Signature (otiac power of attorney) Nicole M. Cot Print Name Attornev -in -fact Title h Attest. Signature n. Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C -610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 1. The Contractor and 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. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, 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 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven 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 entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, 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. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 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 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. 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, successors, and assigns. 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. EJCDC® C -610, Performance Bond Copyright l7 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 11. 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 a declaration of 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 periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 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. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 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 for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond areas follows: EJCDC® C -610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 EX ' DC50- ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE CONTRACTOR (name and address): Sunram Construction, Inc.. 20010 75th Avenue North Corcoran, MN 55340 PAYMENT BOND SURETY (name and address of principal place of business): United Fire & Casualty Company 118 2nd Ave. SE Cedar Rapids, IA 52407 OWNER (name and address): City of Columbia Heights, MN oCity of Columbia Heights, MN,637 - 38th Ave. NE,Columbia CONSTRUCTION CONTRACT Effective Date of the Agreement: June 10, 2019 Amount:Three Hundred Twenty -two Thousand Four Hundred Fifty -two And No /100 ($322,452.00) Description (name and location): Silver Lake Water Quality Pond Reconstruction BOND Bond Number: 54224950 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): June 13, 2019 Amount:Three Hundred Twenty -two Thousand Four Hundred Fifty -two And No /100 ($322,452.00) Modifications to this Bond Form: x❑ None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Sunram Construction, Inc. (seal) Contractor's Name and Corporate Seal By: Signature SURETY United Fire & Casualty Corn an (seal) Surety's Na and Corporate Seal By: Signature (attach power of attorney) LJ_::E SQI. P-AM Nicole M. Cot Print Name Print Name PRE51 h rc�S Title Attest: -VA A Pit An Signature Title Title Attorney-in-fact Title Attest. Signature Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C -615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 L The Contractor and Surety, jointly and severally, bind 6. If a notice of non - payment required by Paragraph 5.1.1 is themselves, their heirs, executors, administrators, given by the Owner to the Contractor, that is sufficient to successors, and assigns to the Owner to pay for labor, satisfy a Claimant's obligation to furnish a written notice of materials, and equipment furnished for use in the non - payment under Paragraph 5.1.1. performance of the Construction Contract, which is incorporated herein by reference, subject to the following 7. When a Claimant has satisfied the conditions of Paragraph terms. 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following 2. If the Contractor promptly makes payment of all sums due actions: to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits 7.1 Send an answer to the Claimant, with a copy to the by any person or entity seeking payment for labor, Owner, within sixty (60) days after receipt of the materials, or equipment furnished for use in the Claim, stating the amounts that are undisputed and performance of the Construction Contract, then the Surety the basis for challenging any amounts that are and the Contractor shall have no obligation under this disputed; and Bond. 7.2 Pay or arrange for payment of any undisputed 3. If there is no Owner Default under the Construction amounts. Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the 7.3 The Surety's failure to discharge its obligations Contractor and the Surety (at the address described in under Paragraph 7.1 or 7.2 shall not be deemed to Paragraph 13) of claims, demands, liens, or suits against constitute a waiver of defenses the Surety or the Owner or the Owner's property by any person or Contractor may have or acquire as to a Claim, entity seeking payment for labor, materials, or equipment except as to undisputed amounts for which the furnished for use in the performance of the Construction Surety and Claimant have reached agreement. If, Contract, and tendered defense of such claims, demands, however, the Surety fails to discharge its liens, or suits to the Contractor and the Surety. obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable 4. When the Owner has satisfied the conditions in Paragraph attorney's fees the Claimant incurs thereafter to 3, the Surety shall promptly and at the Surety's expense recover any sums found to be due and owing to defend, indemnify, and hold harmless the Owner against a the Claimant. duly tendered claim, demand, lien, or suit. 8. The Surety's total obligation shall not exceed the amount 5. The Surety's obligations to a Claimant under this Bond of this Bond, plus the amount of reasonable attorney's shall arise after the following: fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good 5.1 Claimants who do not have a direct contract with faith by the Surety. the Contractor, 9. Amounts owed by the Owner to the Contractor under the 5.1.1 have furnished a written notice of non- Construction Contract shall be used for the performance payment to the Contractor, stating with of the Construction Contract and to satisfy claims, if any, substantial accuracy the amount claimed under any construction performance bond. By the and the name of the party to whom the Contractor furnishing and the Owner accepting this Bond, materials were, or equipment was, they agree that all funds earned by the Contractor in the furnished or supplied or for whom the performance of the Construction Contract are dedicated labor was done or performed, within to satisfy obligations of the Contractor and Surety under ninety (90) days after having last this Bond, subject to the Owner's priority to use the funds performed labor or last furnished for the completion of the work. materials or equipment included in the Claim; and 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated 5.1.2 have sent a Claim to the Surety (at the to the Construction Contract. The Owner shall not be address described in Paragraph 13). liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond 5.2 Claimants who are employed by or have a direct no obligation to make payments to or give notice on contract with the Contractor have sent a Claim to behalf of Claimants, or otherwise have any obligations to the Surety (at the address described in Paragraph Claimants under this Bond. 13). 11. 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. EJCDC® C -615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials, or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials, or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished, the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDC® C -615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 INDIVIDUAL ACKNOWLEDGEMENT STATE OF COUNTY OF On the day of mmmmmmmmmmmmmmm_ 20 , before me, a Notary Public within and for said county, personally appeared to me known to be the person described in and who executed the foregoing instrument, as Principal, and acknowledged to me that (s)he executed the same as his /her free act and deed. (Notarial Seal) NotaryPublic, .... _._................ .............. ................._...._._._._._ County, My Commission Expires: CORPORATE ACKNOWLEDGEMENT STATE OF M I W ESCTA ) COUNTY OF N E►.i On the day of,......, 20 i 'I ,before me, personally appeared LEIF Sl i ORPif .............. , to me known, who being by me duly sworn, did depose and say that (s)he resides in M I N N I Sy-'A that (s)he is the President ofSI- Inran' construction, If - corporation described in and which executed the foregoing instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that (s)he signed his /her name thereto by like order. —&y' ANNE TE MAPRIEE`SCHIERTS Notary Public, a,_ITITITITIT+ 1�j 11� County„ M 1i' STATE OF MINNESOTA My Commission Expires: 3ZD MY COMMISSION EXPIRES (Notar�l Se JANUARY 31, 2020 ACKNOWLEDGEMENT OF CORPORATE SURETY STATE OF Minnesota COUNTY OF Dakota ) On the day of ...., 2019 before me, appeared Nicole M. coty to to me 13th y June personally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or attorney in fact of theurlited "ire r casu.,aatmrporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said s rumpnt-vVv9'qvd and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; Ud� e foresa6d officer acknovuf edged aM instrument to be the free act and deed of said corporation. f AI''E ROvJAN Notary Public Notary Public,,... q a County, MN PP«rn�ssota ,vGr „oiO�O F My Commission Expire 13 (Notarial Seal) E113 09/16/13 un UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety' Department Uf' UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, IA 52401 NSUFk�ig CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing tinder the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint NICOLE M. COTY, PATRICIA M. ROWAN, EACH INDIVIDUALLY their true and lawful Attomey(s) -in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $15 , 000, 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were sighed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby grained shall expire the 21 st day of November, 2019 unless sooner revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attomey -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attomeys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. Tlne President or any Vice President, the Board of Directors or any other officer of tine Companies may at any time revoke all power and authority previously given to any atto mey- in -fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its yU °,n�`�h.�ar'�xy ,Mw °urusniMroH ,�9vatls�rarro�U, Ma* rrA, *,ry uF� T� vice president and its corporate seal to be hereto affixed this 21st day of November , 2017 " roF ® +n4Aet eoar.aArE j �nLYZ�.< UNITED FIRE & CASUALTY COMPANY SEAL sEAC r 'gas UNITED FIRE & INDEMNITY COMPANY w , �. '��gg�T";'� 4 r r r FINANCIAL PACIFIC INSURANCE COMPANY r� "�+��'dF MfF'FWS4�' tt "Rfl &NN714 &1��1'� d /a,ry, p luflNb4 G p5�� State of Iowa, County of Lunn, ss: Voce President On 21st day of November 2017, before me personally came Dennis J. Richmann to me known, who being by rite duly sworn, did depose and say; that he resides in Cedar Rapids, State of cows; that he is a Vice President of United Fire & Casualty Company, a Vice President of united Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. "t, Patti Waddell ae k Iowa Notarial Seal Commission number 713274 Notary Public My Commission Expires 10/26/2019 M }' commission expires: 10/26/2019 I, Mary A, Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testirrony whereof i have 't li unto subscribed my name and affixed the corporate seal of the said Corporations this d .. day of �. 20 . sxuwtl�uFFFMr� "rr dewttln�rrruz�, ,tiztievaw�a�rtl�vaa , F"loQ,pA, F'S }7f,f"fASCIiT'C r: w WAFORATr g 'd'd a yyL1' ¢µms: SEAL SEAL ,p, `'CJMtn'k' k� Assistant Secreta ry, dAACtl4B9N 4'1w d f ""'d'"aYaPdd YnaluBM b'� LiF &C & OF &I & FRIC BPOA0045 122017 This paper has a colored background and void pantograph. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by p '' I aS � 4,. IIIMUM�IINi1 III � 7 issued and Fllubfish d .Joil'id III A" E-l"', A:bNR.ow v (:ouia iii OF FIN(uuNFLiM ING O)NW<a,NUI1� r ,J National Society of u professional Engi veers@ Endorsed by a, 11 EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC® C -520, Stipulated Sum, or C -525, Cost -Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC's Guide to the Preparation of Supplementary Conditions (EJCDC® C -800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC® C -001, 2013 Edition). Copyright © 2013: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 -2794 (703) 684 -2882 www.ns e.or American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347 -7474 www.ace9.0r9 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 (800) 548 -2723 www.asce.ore. The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.e(cdc.org, or from any of the sponsoring organizations above. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology ........................................................... ..............................1 1.01 Defined Terms .......................................................................................... ..............................1 1.02 Terminology ....... ......... ......... .................. .. ....... ....................... ...... ......— ......,,.,,.,.5 Article 2 — Preliminary Matters ....,,» ,..,.., »., ........ ...... ............................... ......... ........ .............6 2.01 Delivery of Bonds and Evidence of Insurance .......................................... ..............................6 2.02 Copies of Documents ............................................................................... ..............................6 2.03 Before Starting Construction ..................................................................... .......,.,,.,..,,...,,..,,,,..7 2.04 Preconstruction Conference; Designation of Authorized Representatives ...........................7 2.05 Initial Acceptance of Schedules ............................................................... ..............................7 2.06 Electronic Transmittals ............................................................................. ......................,.......8 Article 3 — Documents: Intent, Requirements, Reuse ........................................ .......................... „,..8 3.01 Intent ........................................................................................................ .................,..,.........8 3.02 Reference Standards,..,. ......- ......... ....... ---- .................. ......... .................... ..,.,,..,..,,,8 3.03 Reporting and Resolving Discrepancies ................................................... ..............................9 3.04 Requirements of the Contract Documents .............................................. ..............................9 3.05 Reuse of Documents ...................................................... .......................... ............................ 10 Article 4 — Commencement and Progress of the Work ................................... .............................10 4.01 Commencement of Contract Times; Notice to Proceed—.—.. ......... 10 4.02 Starting the Work ..................... .......... ,,. ,,.,.. ,.....,,. ......... .....,... .,....... ....,..,. ...,,,,..10 4.03 Reference Points..... ...... ......... ............................... ..... ......... 4.04 Progress Schedule .................... ......... ....... ,. ......... ..,,..,, „ „„ ,,..., ,...,..,.......... 11 4.05 Delays in Contractor's Progress ...... ........ .......... ........ ................. ......................... .............11 Article 5 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions........................................................................................................ .............................12 5.01 Availability of Lands.... ........ ...................... ... ..... ........ ......... .............12 5.02 Use of Site and Other Areas .................................................................... ...................... „......12 5.03 Subsurface and Physical Conditions ................................. --- .......... .,.,........ ,,..,,.,,,.,..,....... 13 5.04 Differing Subsurface or Physical Conditions ................... a.....,,..,..,..,,..,,., ,..,,. ...... ..,,,.,,. ........ 14 5.05 Underground Facilities- . ........ ......... ......... ......... ......... ............... ............, ..,..........15 ........ WW...... . .... EJCDC C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i 5.06 Hazardous Environmental Conditions at Site .... .......... ...... .... ... ... .......... . ...n......... ,....,,......... 17 Article 6 — Bonds and Insurance ...................................................................... .............................19 6.01 Performance, Payment, and Other Bonds ........ ..............................,,.................... ....,.......... 19 6.02 Insurance — General Provisions ..................... ............ „,,,,,...........,, ....... ... ... ...... .......... .......... 20 6.03 Contractor's Insurance ............................................................................. .............................21 6.04 Owner's Liability Insurance ..................................................................... .............................23 6.05 Property Insurance ................................................................................. .............................23 6.06 Waiver of Rights ...................................................................................... .............................25 6.07 Receipt and Application of Property Insurance Proceeds ....................... „,.,,....,,.....,............26 Article 7 — Contractor's Responsibilities .......................................................... . „......,....................27 7.01 Supervision and Superintendence .......................................... a,..,,..,...,.., ... »,....,....,.,............27 7.02 Labor; Working Hours ........................................................ .......... ... ___ ............. ..,............. 27 7.03 Services, Materials, and Equipment., ................................... __ ............... ..... _ ..... ............ 27 7.04 "Or Equals” ......... ......... .......................... .............................27 7.05 Substitutes .............................................................................................. .............................29 7.06 Concerning Subcontractors, Suppliers, and Others ............ . w.............,.,,., .,..,, ........ ............... 30 7.07 Patent Fees and Royalties ....................................................................... .............................32 7.08 Permits.,... ...... .. ..... .......... ............. ......... ......... ....... „..............32 7.09 Taxes .................................. ............................ ........... w.,,...,....,........ ....... ... ....,....................... 32 7.10 Laws and Regulations..... .... „ ... ......... ......... .............................. ,.... „...............32 7.11 Record Documents ........... ...... ..,..,.....33 7.12 Safety and Protection ............... ......... ......... ......... ........... ...,..... ...........33 7.13 Safety Representative .................... ......... ......... ......... ......... ......... ......... ...........34 7.14 Hazard Communication Programs....... ... ,w ....... ......... ......... ....... ..... ......34 7.15 Emergencies ........................................................... .................. ........ ......... ....... .,..,.......,.,,... 34 7.16 Shop Drawings, Samples, and Other Submittals,........ ....... ......... ,.,....35 7.17 Contractor's General Warranty and Guarantee .......... .............................. ..........,,,,,,...... ....... 37 7.18 Indemnification ................. ............................... ......... ...... ....... . ........38 7.19 Delegation of Professional Design Services ..... ........ ......... ....... ... ........ ......,,...38 Article 8 — Other Work at the Site ................................................................... .............................39 8.01 Other Work .............................................................................„...,.,,.,,..... ..,....,,....................39 8.02 Coordination ............................................................................................ .............................40 8.03 Legal Relationships ................................................................................. .............................40 EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii Article 9 — Owner's Responsibilities ..................... ................, ........ ......... ........ .,.........,...,......41 9.01 Communications to Contractor...— .... ......... ......... ......... ........ ......... .... .... ,... ....,...,,...41 9.02 Replacement of Engineer ....................................................................... .............................41 9.03 Furnish Data ....... ......... ......... ......... ......... ........ ....................... ..... ... ................. .....41 9.04 Pay When Due ......................................................................................... ..............,,..........,.,41 9.05 Lands and Easements; Reports, Tests, and Drawings ............................. ....w..........,.,...........41 9.06 Insurance ......... ......... ......... ......... ....... ...... ......... . ......... ......... ......... .............42 9.07 Change Orders ............................................................ ........... — .......... .,..... .,.,..,.,........... ,...,,42 9.08 Inspections, Tests, and Approvals ...... ............................................,.....,., ....... ,........... ..... ..,,.42 9.09 Limitations on Owner's Responsibilities ........ .......... ..... ... ,,.......,.42 9.10 Undisclosed Hazardous Environmental Condition .................................. .............................42 9.11 Evidence of Financial Arrangements ....................................................... .............................42 9.12 Safety Programs ....................................................................................... .............................42 Article 10— Engineer's Status During Construction ......................................... .............................42 10.01 Owner's Representative ......................................................................... .............................42 10.02 Visits to Site ............................................................................................ .............................42 10.03 Project Representative ........................................................................... .............................43 10.04 Rejecting Defective Work ....................................................................... .............................43 10.05 Shop Drawings, Change Orders and Payments ....................................... .............................43 10.06 Determinations for Unit Price Work ....................................................... .............................43 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work .................43 10.08 Limitations on Engineer's Authority and Responsibilities ....................... .............................44 10.09 Compliance with Safety Program ............................................................ .............................44 Article 11— Amending the Contract Documents; Changes in the Work .......... .............................44 11.01 Amending and Supplementing Contract Documents ............................. .............................44 11.02 Owner - Authorized Changes in the Work ................................................ .............................45 11.03 Unauthorized Changes in the Work ........................................................ .............................45 11.04 Change of Contract Price ........................................................................ .............................46 11.05 Change of Contract Times ....................................................................... .............................47 11.06 Change Proposals .................................................................................... .............................47 11.07 Execution of Change Orders ................................................................... .............................48 11.08 Notification to Surety .............................................................................. .............................48 Article12 —Claims ........................................................................................... .............................48 EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright m 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iii 12.01 Claims........... „. „...„ ......,.. , ,,,.,.., .......,,., „,.. „. „.. .. „. „.. „.. ..... „......„.„W.... . „ ....... ......... ...........48 Article 13 — Cost of the Work; Allowances; Unit Price Work.„ .....................„... , „... „. „. „, „, „,..,.... „,.....49 13.01 Cost of the Work ..............................„..........................................,„,......... .......................,.....49 13.02 Allowances .....................................................................................„,....... .............................52 13.03 Unit Price Work ........................................................................................ .................... „........52 Article 14 —Tests and Inspections; Correction, Removal or Acceptance of Defective Work .......53 14.01 Access to Work ....................................................................................... .............................53 14.02 Tests, Inspections, and Approvals .................................................„......... .....................,.,.....53 14.03 Defective Work ................................„.........................................,..,......... .......................,„....54 14.04 Acceptance of Defective Work ........„ ............................................„„„....... .............................55 14.05 Uncovering Work .............................„.........................................,,.,......... ..................... „.......55 14.06 Owner May Stop the Work ..................................................................... .............................55 14.07 Owner May Correct Defective Work...„....„..„.„.......... ...................„..,......... .....,..,,......, »,,.. „ „.....56 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period ..........................56 15.01 Progress Payments .................................................................................. ............... „,.... „, „,,...56 15.02 Contractor's Warranty of Title ....................„„..„.„„...„„„„,„.„....„„,...„,.„...,..,„... .....,.,....,,....,,...,.....59 15.03 Substantial Completion... „ „.. „ „. ....... , „,.., . ... ......... ... „..,.. ... . „... „ „....60 15.04 Partial Use or Occupancy....., ....... ,...... ..... „ „.. „.... „..... ...... . „....... .,....60 15.05 Final Inspection ......................... .... „., „, , „,....,.......,,,., ......... ,,,. ... ,. ....... ....... .. „..„ ......,. ... 61 15.06 Final Payment .................. .,,, .,.., ...... „ „. ........, ,,.. „. „.. .. „...... ....... ...,...,...61 15.07 Waiver of Claims . ......... .... „..., ..,. „ „. „.........,.. ............. ........ ,..., „... ....62 15.08 Correction Period............, .......... ...... .. ......... ......... . „.. „ „ „ „„ . „......,. „. „ „. „......, , „ „...... ............ 63 Article 16 — Suspension of Work and Termination ......... „ „, „. „„....„„,,.„,.„...,,„,... „,........ „ ..................64 16.01 Owner May Suspend Work....... .. „ „ „„„.„ ............. ..................... ......... .. „........64 16.02 Owner May Terminate for Cause.. ... ......... ............ ___ ...... ...... __ ... 64 16.03 Owner May Terminate For Convenience.......„ ...,..... , „, „ „, ..,,, „.. ...... ,, ... 65 16.04 Contractor May Stop Work or Terminate—_—, ..... „. ......... , „... „ ....... .......,,.,65 Article 17 — Final Resolution of Disputes ....................„..„„......,.„„..,...........,.„...., . „,..,,...... „ „,.. „..........66 17.01 Methods and Procedures .......... ........„ . „.,....„ ... „....„ ......... .,...,,..... „.....,.66 Article 18 —Miscellaneous ........... ............................... .......... „ „ .............. .., .............,. „ „ „.66 18.01 Giving Notice ........................... „, ..........,....,........... ....,.. „... „.. „...... ...... ,.,.......... 66 18.02 Computation of Times .............. ......... ..., .................. .....,... .. „. „„., „,.66 18.03 Cumulative Remedies ............... .......... .... ..,..... .,.,..,........... „. ........ ,.....,,,.66 EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iv 18.04 Limitation of Damages ............. ......... ................ ............. .......... ....... ....67 18.05 No Waiver .......... ..................... „..,,.,... ......... ......... .......,. ..,...... .,......, ......... ...,,.........67 18.06 Survival of Obligations ............. .................................. ,. .,.,,..,. ......... ,,,. ... ,......67 18.07 Controlling Law ................. ...... ............ , ......... ..,...... ,...,,.,. ......... ....,.... ......... .,..,........67 18.08 Headings ... ............................... ......... ......... .,.,......67 EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page v ARTICLE 1– DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid —The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder —An individual or entity that submits a Bid to Owner. 6. Bidding Documents —The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order —A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal —A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set -off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim —(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer .. ......... .... .. ...... . E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. Page 1 of 65 has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern — Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § §9601 et seq. ( "CERCLA "); (b) the Hazardous Materials Transportation Act, 49 U.S.C. § §5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. § §6901 et seq. ( "RCRA "); (d) the Toxic Substances Control Act, 15 U.S.C. § §2601 et seq.; (e) the Clean Water Act, 33 U.S.C. § §1251 et seq.; (f) the Clean Air Act, 42 U.S.C. § §7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract —The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents —Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price —The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times —The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor —The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work —See Paragraph 13.01 for definition. 18. Drawings —The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract —The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer —The individual or entity named as such in the Agreement. 21. Field Order —A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition —The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations; Laws or Regulations —Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 65 24. Liens — Charges, security interests, or encumbrances upon Contract - related funds, real property, or personal property. 25. Milestone —A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award —The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 27. Notice to Proceed —A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 28. Owner —The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 30. Project —The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual —The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative —The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative. 33. Samples — Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related construction activities. 35. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 65 37. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications —The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 40. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 41. Successful Bidder —The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions —The part of the Contract that amends or supplements these General Conditions. 43. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 44. Technical Data —Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work —Work to be paid for on the basis of unit prices. 47. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 65 48. Work Change Directive —A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. Furnish, Install, Perform, Provide: 1. 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. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 65 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or "provide," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well - known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner's Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 65 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides 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 each item of Work. 2.04 Preconstruction Conference, Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable 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 provides a reasonable allocation of the Contract Price to the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project - related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. Page 7 of 6S computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 — DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, or 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 part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, w ....... ...... E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 65 error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor's Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation — RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 65 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not; 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract 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 any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 65 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 65 G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLES —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made 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 applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all 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) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part ... . ... _ EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 65 by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B, Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 65 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 65 c. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor's Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 65 becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; C. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times; and d. Contractor gave the notice required in Paragraph 5.05.6. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 65 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set -off against payments to account for the associated costs. ............. E1CDC C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 65 F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set -off. H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against 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) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.13, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against 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) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 65 ARTICLE 6 – BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor's obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance— General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A -VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 65 maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self- insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self- insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G, If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set -off against payment, and exercise Owner's termination rights under Article 16. H, Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. ), Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor's Insurance A, Workers' Compensation: Contractor shall purchase and maintain workers' compensation and employer's liability insurance for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop -gap endorsement in monopolist worker's compensation states). ............. E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 65 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability— Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial General Liability —Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional Insured — Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry- standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third -party injury and property damage claims, including clean -up costs, as a result EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 65 of pollution conditions arising from Contractor's operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, 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 (including as applicable those arising from both ongoing and completed operations) on a non - contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor's professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. I. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 65 6.04 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds." 2. be written on a builder's risk "all risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner- furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 65 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. S. allow for the waiver of the insurer's subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co- insurance clause, 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance /hot testing and start -up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each otherinsured. C. Deductibles: The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder's risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder's risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 65 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the 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 Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether 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 by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, 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 builder's risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 65 policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner's written consent, which will not be unreasonably withheld. 7.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 65 guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. 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 the Contract Documents. 7.04 "Or Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or equal" item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an "or equal" item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or- equal" request. Engineer may require Contractor to furnish additional data about the proposed "or- equal" item. Engineer will be the sole judge of acceptability. No "or- equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or- equal ", which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 65 D. Effect of Engineer's Determination: Neither approval nor denial of an "or- equal" request shall result in any change in Contract Price. The Engineer's denial of an "or- equal" request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.6, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 65 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. F. Effect of Engineer's Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 65 E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or,other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. 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 the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 65 O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against 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) arising out of or relating to any infringement of patent rights or copyrights 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 specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against 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) arising out of or relating to any infringement of patent rights or copyrights 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. 7.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright O 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 65 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against 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) arising out of or relating to such Work or other action. It shall not be Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value- added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 65 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 65 exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that submittal, and that Contractor approves the submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 65 provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 65 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set- off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set -off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. 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: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. . ..... . ..... _. . EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 65 D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against 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) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 7.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop ......... EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 65 Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16. D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third -party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. D. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 65 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set -off against payments due to Contractor, and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set -off against payments due to Contractor. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 65 D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all 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) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9 — OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 65 9.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations 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. 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10 — ENGINEER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will 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 observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during ....... ._......_... EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 65 or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer's authority as to Change Orders is set forth in Article 11. D. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by 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 employee or agent of any of them. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 65 B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any) of which Engineer has been informed. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 65 adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner- Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 65 the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 13.01.13.1 and 13.01.13.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.13.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.04.C.2.a and 11.04.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.13.4, 13.01.13.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor's progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set -off against payment due; or seek other relief under EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 65 the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer's Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. changes in Contract Price resulting from an Owner set -off, unless Contractor has duly contested such set -off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 65 B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12 — CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 65 submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one -half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost - plus -fee, time - and - materials, or other cost -based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set -off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll costs for employees 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, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall 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, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 65 thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment 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, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by 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 acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities 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 such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved 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 equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than 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, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 65 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 expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.6.1 or specifically covered by Paragraph 13.01.6.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to 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, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.6. D. Contractor's Fee: When the Work as a whole is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set -off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 65 B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that 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 Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or 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) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer's written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 65 ARTICLE 14 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to ............... ._ ................ _ EJCCC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 65 cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set -off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set -off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. Page 53 of 65 B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages 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 repair or replacement of work of others); and pending Contractor's full discharge of this responsibility the Owner shall be entitled to impose a reasonable set -off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the 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 Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set- offs against payments due under Article 15. Such claims, costs, losses and damages will E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 65 include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost -based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement 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 Documents. 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 documentation 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, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating 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. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 55 of 65 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. 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. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set -offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 65 e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set -offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set -offs) recommended by Engineer, Owner is entitled to impose a set -off against payment based on any of the following: a. claims have been made against Owner on account of Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non - compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; I. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set -off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 65 remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 65 E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part 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 intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder's risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 65 inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; C. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set -offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer's recommendation, EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 65 including but not limited to set -offs for liquidated damages and set -offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor's continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed 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 Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written 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. Contractor shall pay 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) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D.. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 65 E. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.13 if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 65 and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. 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, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.13 and 16.02.D. 16.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 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 days 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 paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 65 expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 17 — FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 — MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract 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 applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. 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. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 65 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non - enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 65 TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS TITLE ...... — ARTICLE NO, Introduction............................................................ ..................... ..... ...... ... ... ........... ............... S.C. O. DefinedTerms ........................................................ ....... .... ................ ...... ........................... S.C. 1.01 PreliminarySchedules ............................................ --- ....................... . ........................... S.C. 2.03.A Intent....................................................................................................... ...........................S.C. 3.01 ReferenceStandards ................................................ .............................. . _......... .....,........... S.C. 3.02 Availability of Lands ................................................................................. ...........................S.C. 5.01 Subsurface and Physical Conditions ...................... ............................. . ................. .......... S.C. 5.03.A Contractor's Insurance ............................................... ................................. .. ........ .............. S.C. 6.03 Supervision and Superintendence ............................. ............. ............................... ............. S.C. 7.01 Permits..................................................................................................... ...........................S.C. 7.08 SafetyRepresentative ...................................................... ........................ ................. .......... S.C. 7.13 Shop Drawings and Samples ................................................. .................. ........................... S.C. 7.16 ChangeProposals ................................................... ................ .............. ............... ............ S.C. 11.06 Claims.................................................................................,...............,....,,.. ..,,.......................S.C. 12 UnitPrice Work ........................................................ .................. ......... ........................... S.C. 13.03.E Testand Inspections .............................................. .... ........... ................ . ........................... S.C. 14.02 Correction or Removal of Defective Work .............. ...................... ... ........ ..............,,.,...... S.C. 14.03.D ProgressPayments ................................................ ..... ........ .............. ..... ........................... S.C. 15.01 FinalPayment .......................................................... ....................... .e..... ....,..,...,.,..,,......... S.C. 15.06 CorrectionPeriod ..................................................... ........................... ............ ............... S.C. 15.08.A Non - Discrimination Toward Handicapped Persons ... .............. .............. .. .......,...,.,..,..,....... S.C. 18.09 SILVER LAKE BOAT LANDING STORMWATER RETROIFITS SUPPLEMENTARY GENERAL CONDITIONS CITY OF COLUMBIA HEIGHTS, MN WSB PROJECT NO. 011552 -000 PAGE 1 SUPPLEMENTARY CONDITIONS ARTICLE S.C. 0 INTRODUCTION These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (2013 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, which are defined in the Standard General Conditions of the Construction Contract (2013 Edition) have the meanings assigned to them in the General Conditions. 1. The use of the word "OWNER" refers to the City of Columbia Heights. 2. The use of the word "ENGINEER" refers to the City Engineer (or designated representative) of the City of Columbia Heights. 3. The use of the word "CONTRACTOR" refers to the firm or company contracted to do the work described in these specifications. 4. The use of the word "DEPARTMENT" shall be interpreted to mean the City of Columbia Heights 'Engineering' or Public Works Department. ARTICLE S.C.103.A PRELIMINARY SCHEDULES Paragraph 2.03.A of the General Conditions shall be deleted and the following inserted in its place. 2.03.A Within ten (10) days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), and before starting any work at the site, Contractor shall submit to Engineer for timely review:" ARTICLES 2.03.A.1; 2.03.A.2; AND 2.03.A.3 REMAIN AS SHOWN. ARTICLE S.C. 3.01 INTENT Work under these Contract Documents shall be governed by all applicable Federal, State and Local laws, regulations, codes and ordinance and the Contract Documents. In the event of a conflict of meaning between any of the terms of the Contract Documents, the provisions of the document listed first below shall prevail over those of a document listed later: Contract Agreement Supplementary Conditions Project Plans Proposal and Proposal Form Addenda Technical Specifications General Conditions SILVER LAKE BOAT LANDING STORMWATER RETROIFITS CITY OF COLUMBIA HEIGHTS, MN WSB PROJECT NO. 011552 -000 SUPPLEMENTARY GENERAL CONDITIONS PAGE 2 Special provisions and detail plans are intended to modify and prevail over standard plans and specifications. Should the Contract Documents conflict with any of the laws, regulations, codes, and ordinances mentioned in preceding paragraphs of these Supplementary Conditions, the laws and regulations shall take precedence. This shall not, however, be construed to relieve the Contractor from complying with the requirements of the Contract Documents which are in excess of, but not contrary to, the laws and regulations. ARTICLE S.C. 3.02 REFERENCE STANDARDS The work shall be performed in accordance with the Minnesota Department of Transportation "Standard Specifications for Construction ", 2016 edition and any supplements or amendments thereto issued prior to the date of these Contract Documents, except as modified or supplemented by the "Standard Specifications for Trench Excavation and Backfill /Surface Restoration, Watermain and Service Line Installation, and Sanitary Sewer and Storm Sewer Installation ", 2013 Edition as published by the City Engineers Association of Minnesota and as modified or supplemented in these General Conditions, Supplementary Conditions or other Contract Documents. Coordination of plans and specifications shall be in accordance with the provisions of MnDOT Specification 1504, as modified by the following definitions: 3.02.1 Standard Specifications: Refer in precedent order to the "Standard Specifications ", 2013 Edition as published by the City Engineers Association of Minnesota, the MnDOT Standard Specifications, 2016 edition, and the other specifications of ASTM, ANSI, AWWA, etc., as referenced and as published on the date of the bid advertisement. 3.02.2 Supplemental Specifications: Refer in precedent order to the Supplementary General Conditions and the General Conditions as contained in these Contract Documents, ARTICLE S.C. 5.01 AVAILABILITY OF LANDS Amend Paragraph 5.01.A of the General Conditions by adding the following after the second sentence: "If Contractor believes that there has been delay in Owner's furnishing of lands, rights -of -way, easements, or permits, Contractor's sole remedy shall be an extension of contract time, for which the Contractor may make a claim therefore as provided in Article 11.05" And as so amended Paragraph 5.01.A remains in effect. ARTICLE S.C. 5.03.A REPORTS AND DRAWINGS Amend Paragraph 5.03.A of the General Conditions by adding the following sentence: "4. Reports and drawings described above are listed in the Table of Contents and provided with Appendixes unless otherwise noted." And as so amended Paragraph 5.03.A remains in effect. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS SUPPLEMENTARY GENERAL CONDITIONS CITY OF COLUMBIA HEIGHTS, MN WSB PROJECT NO. 011552 -000 PAGE 3 ARTICLE S.C. 6.03 CONTRACTOR'S INSURANCE The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts, or greater, when required by laws and regulations. 6.03.A. Workers' Compensation: STATE: STATUTORY APPLICABLE FEDERAL (E.G., LONGSHOREMAN'S) STATUTORY EMPLOYER'S LIABILITY $1,000,000 6.03.B. and 6.03.C. Commercial General Liability: 1. Bodily Injury (including completed operations and products liability): $1,000,000 Each Occurrence $2,000,000 Annual Aggregate 2. Property Damage: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate or a combined single limit of: $2,000,000 3. Property Damage Liability Insurance will provide Explosion, Collapse and Underground Coverage's where applicable. Personal Iniury. with em Io ment exclusion deleted: $2,000,000 Annual Aggregate 6.03.D. Automobile liability: &Q3M12 Comprehensive Automobile Liability: Bodily Injury: $1,000,000 Each Person $1,000,000 Each Occurrence Property Damage: $1,000,000 Each Occurrence or combined single limit of: $1,000,000 6.03.G. Additional insureds: The City of Columbia Heights shall be named as an additional insured. 6.03.1. General provisions: The Contractual Liability required by Paragraph 6.03.1.2. of the General Conditions shall provide coverage for not less than the following amounts: Bodily Injury: $1,000,000 Each Occurrence Property Damage: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate SILVER LAKE BOAT LANDING STORMWATER RETROIFITS CITY OF COLUMBIA HEIGHTS, MN WSB PROJECT NO. 011552 -000 SUPPLEMENTARY GENERAL CONDITIONS PAGE 4 ARTICLE S.C. 7.01 SUPERVISION AND SUPERINTENDENCE The Contractor shall provide adequate supervision (superintendent) of the work as the job progresses. The superintendent shall report daily to the Engineer on the progress of the work and the number of men on the job. The superintendent shall maintain complete records of the work as it progresses and shall submit these records with each request for payment. The Contractor shall provide an adequate staff for properly coordinating and expediting the work, including office staff to handle by telephone any questions which may arise in the conductance of the work. ARTICLE S.C. 7.06 PERMITS The City of Columbia Heights will obtain permits that are necessary for this work from the following outside agencies: -- * Minnesota Department of Health -- Metropolitan Council Environmental Service -- Army Corp of Engineers. The Contractor is responsible to obtain permits that are necessary for this work from the following outside agencies: -- " Minnesota Department of Transportation -- * Anoka County Highway Department -- * Minnesota Pollution Control Agency (including General Storm -water Permit for Construction Activity) -- * Mississippi Watershed Management Organization — " Rice Creek Watershed District -- Department of Natural Resources. All work under this contract shall take place on City -owned property, City -owned right -of -way, County - owned right -of -way, Mn /DOT -owned right -of -way, or easements to be obtained by the City under this contract. No work shall commence until the necessary permits are obtained. Before work is started, the Contractor shall obtain necessary locations of all underground utilities by contacting GOPHER STATE ONE CALL at 651- 454 -0002. ARTICLE S.C. 7.13 SAFETY REPRESENTATIVE Amend Paragraph 7.13.A. of the General Conditions by inserting the following after the first sentence: "In addition, Contractor shall provide a "competent person" as defined by O.S.H.A. on site when trench work is being performed." And as so amended Paragraph 7.13.A. remains in effect. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS CITY OF COLUMBIA HEIGHTS, MN WSB PROJECT NO. 011552 -000 SUPPLEMENTARY GENERAL CONDITIONS PAGE 5 ARTICLE S.C. 7.16 SHOP DRAWINGS AND SAMPLES Amend Paragraph 7.16.B. 1.b of the General Conditions by inserting the following after the first sentence: "Each shop drawing for a manhole or a catch basin shall reference the plan page number and the structure number." And as so amended Paragraph 7.16.B.1.b remains in effect. • yu I�i Amend the first sentence of Paragraph 11.06.A.1. of the General Conditions to read as follows: "Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than ten days) after the start of the event giving rise thereto, or after such initial decision. And as so amended Paragraph 11.06.A.1. remains in effect. ARTICLE S.C. 12 CLAIMS. SUBMITTAL OF CLAIM Amend the first sentence of Paragraph 12.01.6. of the General Conditions to read as follows: "The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than ten days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. And as so amended Paragraph 12.01.6. remains in effect. Except as specifically authorized in writing by the Engineer at the time additional work is done beyond the original scope of the Contract Documents, the Contractor shall have and make no claims for additional compensation. The Contractor's plea of ignorance of foreseeable conditions which will create difficulties or hindrances in the execution of the work will not be acceptable to the Owner as an excuse for any failure of the Contractor to fulfill the requirements of the Contract Documents, and shall not be a basis for the Contractor's claim for additional compensation. Any discrepancies in or conflicts between the items described in these Contract Documents must be submitted, in writing, to the Engineer for adjustment prior to proceeding with the work, as any claims for additional compensation to achieve compliance with the requirements of those items will not be allowed or considered. 0:41 . ARTICLE G.C. 13.03.E. shall be amended by deleting this section in its entirety and substituting instead the following language: "There will be no adjustment in unit price for increased or decreased quantities under this Contract." SILVER LAKE BOAT LANDING STORMWATER RETROIFITS CITY OF COLUMBIA HEIGHTS, MN WSB PROJECT NO. 011552 -000 SUPPLEMENTARY GENERAL CONDITIONS PAGE 6 ARTICLE S.C. 14.02 TEST AND INSPECTIONS ARTICLE G.C. 14.02.6 shall be amended by deleting this section in its entirety and substituting instead the following language: The project site sampling and testing of materials, called for hereinafter, shall be conducted by an independent testing laboratory approved by the Engineer, except as otherwise specified. All "Contractor" testing required by the SALT Schedule of Materials Control shall be paid for by the Contractor at all specified locations. All "Agency" and "Contracting Authority's Representative" testing shall be ordered and paid for by the Owner. The Contractor shall provide whatever services are needed to sample materials and perform these tests at all specified locations. Tests shall be made in accordance with the American Society for Testing and Materials (ASTM) Standard and Tentative Specifications that apply, except as otherwise specified. Inspections and testing shall in no way relieve the Contractor or Supplier from responsibility in furnishing materials and workmanship in accordance with the plans and specifications. The Contractor shall inform the Engineer when the construction item is ready to be tested. The Engineer may elect to delay the testing a reasonable amount of time to incorporate a larger area or quantity. All initial "Agency" tests at the specified locations shall be ordered by the Engineer and paid for by the Owner. Signed copies of all test reports shall be sent at once to the Engineer and the Contractor. These copies shall be received by the Engineer prior to authorizing the placement of any materials. The City is not responsible for delays caused by the testing laboratory. Should the specified tests fail to meet the requirements of the specifications, the Contractor shall take such additional tests at his expense as may be required to satisfy the Engineer that the materials conform to the specifications. The Contractor shall provide the Engineer with a letter from an approved testing laboratory indicating that all materials meet the requirements of the specifications and all tests as required have been completed according to specifications. Rejected materials shall immediately be removed from the site and shall not be used in the work. Signed copies of all reports on tests shall be sent at once to the Engineer and the Contractor. These copies shall be received by the Engineer prior to the placing of any of the tested items. Rejected materials shall immediately be removed from the site and shall not be used in the work. Inspections and testing shall in no way relieve the Contractor or Supplier from responsibility in furnishing materials and workmanship in accordance with the plans and specifications. Density test will be by "Specified Density" method. ARTICLE S.C. 14.03.D DEFECTIVE WORK; CORRECTION REMOVAL AND REPLACEMENT Amend Paragraph 14.03.D. of the General Conditions by inserting the following after the first sentence: "Correction work for bituminous surfacing shall conform to the requirements and standard plates in the City's right -of -way ordinance." And as so amended Paragraph 14.03.D. remains in effect. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS CITY OF COLUMBIA HEIGHTS, MN WSB PROJECT NO. 011552 -000 SUPPLEMENTARY GENERAL CONDITIONS PAGE 7 ARTICLE S.C. 15.01 PROGRESS PAYMENTS The Contractor must pay any subcontractor for undisputed services provided by the subcontractor within ten (10) days of the Contractor's receipt of payment from the owner. The Contractor must pay interest of 1'/2 percent per month or any part of a month to the subcontractor or any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. ARTICLE S.C. 15.06 FINAL PAYMENT Before final payment is made for the work on this project, the Contractor must make a satisfactory showing that he has complied with the provisions of M.S.A. 290.92 requiring the withholding of State income taxes for wages paid to employees on this project. Receipt by the Owner of the Certificates of Compliance from the Commissioner of Taxation (IC -134) will satisfy this requirement. The Contractor is advised that before such certificate can be issued, he must first place on file with the Commissioner of Taxation an affidavit that he has complied with the provisions of M.S.A 290.92. The required affidavit form will be supplied by the Commissioner of Taxation, Centennial Office Building, St. Paul, Minnesota, on request. ARTICLE S.C. 15.08.A CORRECTION PERIOD Amend the first sentence of Paragraph 15.08.A. of the General Conditions to read as follows: "If within two years after the date of substantial completion in utility trench areas and one year after the date of substantial completion for the remainder of the construction, or such longer period of time as may be prescribed by 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 permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom." And as so amended Paragraph 15.08.A. remains in effect. ARTICLE S.C. 18 MISCELLANEOUS ADD: ARTICLE S.C. 18.09 NON - DISCRIMINATION TOWARD HANDICAPPED PERSONS Before final payment is made for work on this project, the Contractor shall submit a letter to the Owner stating that the Contractor's firm maintains a policy of non - discrimination towards persons with handicapped conditions. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS SUPPLEMENTARY GENERAL CONDITIONS CITY OF COLUMBIA HEIGHTS, MN WSB PROJECT NO. 011552 -000 PAGE 8 DIVISION I GENERAL REQUIREMENTS TABLE OF CONTENTS 1. GENERAL ................................................................................................................ ..............................2 2. SCOPE OF WORK ................................................................................................ ............................... 2 3. DESCRIPTION OF PROJECT ................................................................................ ..............................2 4. WORK SEQUENCE ................................................................................................. ..................,...,.......2 5. AWARD OF BIDS ................................................................ ............................... _.,... ....,....,................ 3 6. PRECONSTRUCTION CONFERENCE .................................................................. ............................... 3 7. PROTECTION OF EXISTING FACILITIES ............................................................. ............................... 3 8. CONSTRUCTION STAKES -- ALIGNMENT AND GRADES ....................... .......... ...............w. ... ___ ...4 9. INSPECTION OF WORK ........................................................................................... ..............................4 10. RUBBER -TIRED EQUIPMENT ........................................................................... ..............................4 11. SITE MAINTENANCE ...................................................................................... r,.. .,,,..,..,,..,,...,...........5 12. FINAL INSPECTION ........................................................................................... ..............................6 13. SAMPLING AND TESTING ............................................................................... ..............................6 14. PROTECTION OF THE PUBLIC ........................................................................ ..............................7 15. TRAFFIC PROVISIONS, SIGNING AND PUBLIC SAFETY .............................. ..............................7 16. PROTECTION OF ADJACENT PROPERTIES .................................................... .............................11 17. AIR AND WATER POLLUTION ......................................................................... .............................11 18. EROSION CONTROL ........................................................................................ .............................11 19. CONSTRUCTION LIMITS .................................................................................. .............................12 20. TIME OF WORK ................................................................................................... .............................12 21. LIQUIDATED DAMAGES ................................................................................... .............................12 22. COMPENSATION FOR INCREASED OR DECREASED QUANTITIES ............ .............................12 23. PARTIAL PAYMENTS ....................................................................................... .............................12 24. MOBILIZATION ................................................................................................ ......................r...,,,.. 13 25. DEWATERING ................................................................................................... .............................13 26. TEMPORARY WATER ........................................................................................ .............................13 SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 1 CITY OF COLUMBIA HEIGHTS, MN GENERAL REQUIREMENTS WSB PROJECT NO. 011552 -000 PAGE 1 DIVISION I GENERAL REQUIREMENTS 1. GENERAL The General Conditions and Instructions to Bidders of the Work under contract as set forth in these Contract Documents shall apply to all work and materials furnished under these General Requirements and Technical Specifications except as may be hereinafter modified. SCOPE OF WORK The Work to be carried out under these General Requirements shall include furnishing all labor, materials, tools, and equipment necessary for the construction of the proposed improvements, complete in place as described in these General Requirements. Materials used on the project must be from the MnDOT Approved /Qualified and Certified Product Lists when product types are listed. 3. DESCRIPTION OF PROJECT The followina is a brief description of the work included as part of this project: Storm Sewer Improvements (Completed by June 30, 2019) This project involves the removal of existing storm sewer structures, excavation of soil, construction of stormwater wet basin, biofiltration basin, installation of storm sewer, and tree and plug plantings and restoration at the Silver Lake Boat Landing. 4. WORK SEQUENCE The work shall be substantially completed on or before June 30, 2019. All work shall be ready for final inspection by June 30, 2019. Substantial completion shall be defined as no exposed soil on the site and include all excavation and installation of storm sewer was complete. Final completion shall be defined as the completion of all work as represented in the plans and specifications including restoration. Prior to the start of any work, as noted elsewhere in these Contract Documents, the Contractor shall submit in writing to the Engineer for approval, a schedule of procedure and after once approved, he shall not deviate from it without written permission from the Engineer. The schedule of procedure shall indicate the number of crews and men to be employed, locations of work for each crew, time schedule, work sequence, and moves and other pertinent information as required by the Engineer. The Contractor shall perform his work in such a manner as to cause the least interference with and delay to such other work as may be in progress at the time, by other contractors. Liquidated damages will be applied as specified herein if the following time frames are not met. Once the work is initiated at a work location (removals), the Contractor shall complete the restoration, including sod /landscaping, within 14 calendar days. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 1 CITY OF COLUMBIA HEIGHTS, MN GENERAL REQUIREMENTS WSB PROJECT NO. 011552 -000 PAGE 2 5. AWARD OF BIDS As noted in the Instructions to Bidders, the City Council will be considering Award of Bids of the work at its regular meeting on January 2019. It is anticipated that the City Council will award the contract at that time. It should be noted that there will be no compensation for increased or decreased quantities and the City reserves the right to reduce certain quantities or delete certain items from each section of the bids as the City considers the Award of Bids. 6. PRECONSTRUCTION CONFERENCE Prior to the start of the work, there will be a preconstruction conference arranged by the Engineer. Representatives of the Engineer and Contractor (including his project superintendent) shall be present at this meeting. Utility companies which service the City of Columbia Heights will also be invited to attend. At this meeting, the Contractor shall designate a competent project superintendent who shall be familiar with all phases of the work to be executed and who shall oversee the work during its progress. The project superintendent shall represent the Contractor in his absence, and communications and directions given by him shall be as binding as if given to the Contractor. Also at this meeting, the Contractor shall submit in writing to the Engineer for approval, a schedule of procedure indicating the order in which the Contractor proposes to perform the various stages of the work, the dates on which he will start the several salient features thereof (including procurement of materials, plant and equipment), and the contemplated dates for completing the same. This schedule shall be in the form of a bar chart of a suitable scale to indicate appropriately the percentage of work scheduled and completed by weekly intervals. The Contractor shall not deviate from said schedule after it has been approved without the permission of the Engineer. The Contractor's project superintendent shall attend a preconstruction meeting with property owners /residents adjacent to the construction areas and Engineering Department staff. 7. PROTECTION OF EXISTING FACILITIES A. The utility information shown on the plans has been provided by the supplier(s), including the City of Columbia Heights. The utility information is quality level "D ". This utility quality level was determined according to the guidelines of CI /ASCE 38 -02, entitled "Standard Guidelines for collection and depiction of existing subsurface utility data ". The owner does not guarantee the locations as shown on the plans. It is the Contractor's responsibility to ascertain the final location of these utilities by field verification (including municipal water and sewer lines and appurtenances) and to notify the utility companies or affected agency a minimum of 72 hours prior to the commencement of work in each area. The Contractor shall notify the Engineer of any conflict between the existing utilities and the proposed construction. The Engineer in cooperation with utility companies shall determine the necessity for any relocation of these utilities. B. The Contractor shall protect all existing utilities and facilities so that they will continue to function in their proper manner both during construction and in the future. Any supporting structure that may be required because of the Contractor's operations shall be provided by him. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 1 CITY OF COLUMBIA HEIGHTS, MN GENERAL REQUIREMENTS WSB PROJECT NO. 011552 -000 PAGE 3 The Contractor shall bring to the attention of the Engineer any conditions such as sand in manholes or valve boxes existing prior to the Contractor's excavation. Once excavation has commenced, it will be assumed that all damage to underground utilities has been caused by the Contractor's operations and it will be his responsibility to make the necessary repairs. C. As construction progresses, the City shall notify the Contractor when utility lines, manholes and valve boxes require cleaning. The contractor shall clean said utility lines, manholes and valve boxes within 72 hours of the notice. If the Contractor is negligent in cleaning the utility line /structure, the City reserves the right to perform this work with its own forces at the City's cost times an overhead multiplier of 2.9. 8. CONSTRUCTION STAKES -- ALIGNMENT AND GRADES All work under this Contract shall be constructed in accordance with lines and grades shown on the drawings and as established by the Engineer. These lines and grades may be modified by the Engineer as provided in the General Conditions. The Contractor shall render such assistance to the Engineer as may be required to accomplish the staking for proper execution of the work. The Contractor shall give the Engineer sufficient notice (two working days, or more) of his need for the establishment of line and grade. After lines and grades for any part of the work have been set by the Engineer, the Contractor shall be held responsible for the proper execution of the work to such lines and grades until their removal is authorized by the Engineer. The Contractor shall, at his own expense, correct any mistakes caused by their unauthorized disturbance or removal. The Engineer may require that work be suspended at any time when, for any reason, such marks cannot be properly followed. No additional compensation shall be allowed the Contractor for any claims of crews being held up because of lack of line and grade stakes unless he has submitted a written request to the Engineer at least two working days in advance and is following a previously approved schedule of work. The Contractor shall assume full responsibility for all measurements made by him from the stakes and marks so established. The Contractor shall be responsible for the preservation of all stakes and marks, and if any of the construction stakes or marks have been carelessly or willfully destroyed or disturbed by his forces, the cost of replacing them will be charged against him and will be deducted from the payment for the work. 9. INSPECTION OF WORK A. The Owner shall have the right to inspect the work at the job and storage site(s). The Contractor shall facilitate access to the work for the purpose of said inspection. B. Defects or departures from the Contract Documents uncovered during inspections shall be corrected by the Contractor at his expense. 10. RUBBER -TIRED EQUIPMENT The Contractor shall provide and use only rubber -tired dozers, front -end loaders and other necessary equipment, other than the paving machine, on all work where street pavement or portions of pavement are undisturbed. All such pavements shall be protected as the Engineer may direct. No compensation will be allowed the Contractor for replacement of damaged street pavements or utilities not scheduled for replacement. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 1 CITY OF COLUMBIA HEIGHTS, MN GENERAL REQUIREMENTS WSB PROJECT NO. 011552 -000 PAGE 4 11. SITE MAINTENANCE Maintenance of areas under construction, detours, by- passes and equipment yards used in conjunction with the project shall be the responsibility of the Contractor. Said maintenance shall include keeping the right -of -way free of obstacles and parked equipment, blading the traveled ways, and controlling the dust/debris in and around the construction area. The maintenance responsibility herein described shall be inherent to the Contractor and shall be applicable at all times, including weekends, throughout the construction period. The Contractor shall provide periodic inspection of the project, particularly during and after storms, to maintain blinker and barricades, provide dust and erosion control and general maintenance. If the Contractor is negligent in this respect, the City reserves the right to perform this work with its own forces at overtime rates. If the Contractor is negligent in performing site maintenance, the City reserves the right to perform this work with its own forces at the City's cost times an overhead multiplier of 2.9. w w fflsil= 00 r r. -0 °s Site maintenance shall include keeping streets, boulevards, and sidewalks free of obstacles, such as street signs, construction materials, barricades that are not in use, debris and parked equipment. The Contractor shall remove all debris associated with the items of work included under this Contract. This debris shall be removed upon completion of each phase of the work or at such other times as may be necessary for coordination of the work of the Owner or others, the safety of employees, and the public or as required by applicable codes and regulations. No dumpsters are permitted at the construction site. Should the Contractor not remove rubbish or debris or not cleanup the site as specified above, the Owner reserves the right to have this work done by others and charge the Contractor for the expense of said work. Needed equipment shall be parked on the street under construction. Private vehicles shall be parked outside the project area. Controlling dust/debris in and around the construction area The construction area must be cleaned up daily. When dust becomes or appears to be becoming a nuisance or problem to the area or nearby residents, it shall be the responsibility of the Contractor to immediately alleviate the undesirable conditions. Streets in the area not under construction shall be kept free of construction materials, dirt, and other undesirable material. Once excavation has commenced, the City shall notify the Contractor when adjacent streets or alleys require sweeping. The contractor shall sweep said streets or alleys within 24 hours of the notice. The costs of such work will be charged to the Contractor. Section 2130 of the specifications is hereby amended to provide that the Contractor shall furnish and apply all water necessary on the project, including water used as dust palliative, washing of equipment, etc., and that such water shall be considered as an incidental item to the Contract and no direct payment will be made therefore. If the Contractor elects, he may use water from the City's water distribution system at no charge, provided he makes suitable arrangements with the Water Department. Water from private sources may be used only if permission has been granted by the property owner. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 1 CITY OF COLUMBIA HEIGHTS, MN GENERAL REQUIREMENTS WSB PROJECT NO. 011552 -000 PAGE 5 Disregard of this provision shall be cause for suspension of the project until the Contractor can show evidence that men have hired specifically to perform the above work and will be on the project at all times. Where materials or debris have washed or flowed into or have been placed in ditches, gutters, drains, catch basins or elsewhere as a result of the Contractor's operations, such material or debris shall be removed and satisfactorily disposed of during progress of the work. All ditches, channels, drains, etc., shall be kept in clean and neat conditions. � « W LM,: The Contractor shall be responsible for construction of all necessary temporary haul roads required to complete the required excavation and disposal. Construction of temporary haul roads shall also include placement of necessary granular material over existing bituminous roadway surfaces. This material shall be of sufficient depth to allow for protection of existing bituminous surfaces. Construction of necessary haul roads shall be considered an incidental item to other construction items and no direct compensation will be made. 12. FINAL INSPECTION Upon written notice from the Contractor that the project is completed, the Engineer will make a preliminary inspection with the Contractor present. Upon completion of this preliminary inspection the Engineer will notify the Contractor, in writing, of any particulars in which this inspection reveals that the work is defective or incomplete. Upon receiving the written notice from the Engineer, the Contractor shall immediately undertake the work required to remedy defects and complete the project to the satisfaction of the Engineer. When the Contractor has corrected or completed the items as listed in the Engineer's Written Notice, he shall inform the Engineer, in writing, that the required work has been completed. Upon receipt of this notice, the Engineer, in the presence of the Contractor shall make his final inspection of the project. Should the Engineer find all work satisfactory at the time of this inspection, the Contractor will be allowed to make application for final payment in accordance with the provisions of the Contract Documents. Should the Engineer still find dissatisfaction with the work, the Engineer will inform the Contractor of the deficiencies and will deny the Contractor's request for final payment, until such time as the Contractor has satisfactorily completed the required work. 13. SAMPLING AND TESTING Delete Paragraph 1, MnDOT Section 1603.2 and substitute the following: Sampling and testing of materials for this project will be in accordance with the State Aid for Local Transportation (SALT) "Schedule of Materials Control — Local Government Agency" (SMC -LGA) provided in the Appendix. The SMC -LGA establishes the size of samples and the minimum rate of testing. The SMC -LGA references the 2016 MnDOT Standard Specifications for Construction and does not set contract requirements for the material. The project site sampling and testing of materials, called for hereinafter, shall be conducted by an independent testing laboratory approved by the Engineer, except as otherwise specified. All "Contractor" testing required by the SALT Schedule of Materials Control shall be paid for by the Contractor at all specified locations. All "Agency" and "Contracting Authority's Representative" testing shall be ordered and paid for by the Owner. The Contractor shall provide whatever services are needed to sample materials and perform these tests at all specified locations. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 1 CITY OF COLUMBIA HEIGHTS, MN GENERAL REQUIREMENTS WSB PROJECT NO. 011552 -000 PAGE 6 Tests shall be made in accordance with the American Society for Testing and Materials (ASTM) Standard and Tentative Specifications that apply, except as otherwise specified. Inspections and testing shall in no way relieve the Contractor or Supplier from responsibility in furnishing materials and workmanship in accordance with the plans and specifications. The Contractor shall inform the Engineer when the construction item is ready to be tested. The Engineer may elect to delay the testing a reasonable amount of time to incorporate a larger area or quantity. All initial "Agency" tests at the specified locations shall be ordered by the Engineer and paid for by the Owner. Signed copies of all test reports shall be sent at once to the Engineer and the Contractor. These copies shall be received by the Engineer prior to authorizing the placement of any materials. The City is not responsible for delays caused by the testing laboratory. Should the specified tests fail to meet the requirements of the specifications, the Contractor shall take such additional tests at his expense as may be required to satisfy the Engineer that the materials conform to the specifications. The Contractor shall provide the Engineer with a letter from an approved testing laboratory indicating that all materials meet the requirements of the specifications and all tests as required have been completed according to specifications. Rejected materials shall immediately be removed from the site and shall not be used in the work. Signed copies of all reports on tests shall be sent at once to the Engineer and the Contractor. These copies shall be received by the Engineer prior to the placing of any of the tested items. Rejected materials shall immediately be removed from the site and shall not be used in the work. Inspections and testing shall in no way relieve the Contractor or Supplier from responsibility in furnishing materials and workmanship in accordance with the plans and specifications. Density test will be by "Specified Density" method. 14. PROTECTION OF THE PUBLIC The Contractor shall provide all necessary barricades, fences and other protection as required for the proper execution of the work and for the protection of his employees, employees of the Owner, and other personnel according to all Federal, State, and Local regulations. This provision shall be incidental to the construction and no direct compensation will be paid therefor. The Contractor shall backfill all utility excavation at the end of each working day to the satisfaction of the Engineer. This work shall be considered incidental to utility construction and no direct compensation shall be paid therefor. 15. TRAFFIC PROVISIONS, SIGNING AND PUBLIC SAFETY Traffic shall be maintained in accordance with MnDOT 1404 and traffic control devices shall be furnished in accordance with MnDOT 1710 and the following: The Contractor shall furnish, install, maintain and remove all traffic control devices in accordance with the Traffic Control Layouts/Typical Traffic Control Layouts in the Plans (if applicable), these Special Provisions, and the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD) C including the most recent edition of the Field Manual for temporary traffic control zone layouts. The Engineer will have the right to modify the requirements for traffic control as he /she deems necessary due to existing field conditions. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 1 CITY OF COLUMBIA HEIGHTS, MN GENERAL REQUIREMENTS WSB PROJECT NO. 011552 -000 PAGE 7 ,- MEMO A. Notification of Lane or Street Closures to Public Safety Departments The Contractor shall contact the Fire and Police Departments prior to commencement of work and shall file with them the name of the contractor, name and emergency phone number of superintendent or person in charge, and location of the work area. Prior to blocking any traffic lanes or streets, notification of both the Fire and Police Departments shall be coordinated through the Engineering Department. B. Driveway Access During the progress of construction, the Contractor shall make every effort to provide temporary access onto the streets from private driveways and onto adjacent streets. At all critical construction phases where access may be limited, the Contractor is responsible for informing property owners of restrictions to access or other inconveniences at least 24 hours prior to commencing work at the property. The City Engineer reserves the right to modify the Contractor's access if found not to be in the best interests of the City as determined by the City. For all businesses and multi - family buildings, driveways shall be constructed in two phases to allow ingress and egress traffic outside of working hours. C.. Pedestrian Access During the progress of construction, the Contractor shall provide safe passage for pedestrians. D. Anoka County Right -of -Way The Contractor is required to obtain a permit from the Anoka County Highway Department before beginning work inside the Anoka County Right -of -Way. To obtain this permit the contractor must be registered with Anoka County Highway Department, provide an acceptable form of Construction Performance Bond, and provide a Traffic Control Plan prepared in accordance with the most recent edition of the Minnesota Manual on Uniform Traffic Control Devices, including the most recent edition of the Temporary Traffic Control Zone Layouts — Field Manual. There is a permit processing fee which is typically due at the time of issuance. The Contractor is bound by all Special Requirements issued with the permit by Anoka County. At the time the surface of a County Road or County State Aid Highway is damaged or removed, restoration of the highway surface shall conform to the specifications listed under the Special Conditions of the permit. Tem ora Lane Closure Re ui�ements: A. Temporary lane closures or other restrictions by the Contractor, during work hours and consistent with the time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for temporary lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. This may include, but is not limited to, barricades, advance warning arrow boards, warning signs, flaggers with two -way radios, trailers, flashers and cones. Application of traffic control devices shall be in accordance with the MN MUTCD. Sign panels shall be in accordance with the MnDOT Standard Signs Manual. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 1 CITY OF COLUMBIA HEIGHTS, MN GENERAL REQUIREMENTS WSB PROJECT NO. 011552 -000 PAGE 8 B. The Owner reserves the right to impose time limitations on temporary lane closures, or other restrictions to traffic on other roads, as may be necessary to safely provide for traffic. The Engineer will have the right to lengthen, shorten, or otherwise modify the foregoing periods of restrictions as actual traffic conditions may warrant. C. All temporary lane closures used at night shall have plastic drum -like channelizers (or Type I barricades with steady burn lights) in the lane closure taper and also in any shifts in traffic alignment. D. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefor. E. Temporary lane closures will not be permitted during non - working hours or inclement weather, nor any other time when, in the opinion of the Engineer, the lane closure will be a greater than normal hazard to traffic. General Re uirements: A. The Contractor shall be responsible for proper relocation of traffic control devices misplaced by Contractor and Subcontractor operations. B. The Contractor shall inspect, on a daily basis, all traffic control devices, which he has furnished and installed, and verify that the devices are placed in accordance with these Special Provisions, and the MN MUTCD. Any discrepancy between the placement and the required placement shall be immediately corrected. C. When signs are installed, they shall be mounted on posts driven into the ground at the proper height and lateral offset as detailed in the MN MUTCD. If this is not possible, they shall be mounted on portable supports or barricades as approved by the Engineer. When signs are removed, the sign posts shall also be removed as soon as possible. D. The Contractor shall be required to cover or remove all traffic control devices which may be inconsistent with traffic patterns during all traffic switches. E. All in -place signs and delineators mounted on less than three posts(not including back bracing) and which interfere with the Contractor's normal operation, shall be relocated outside of the work area by the Contractor at the direction of the Engineer. Upon completion of work at each sign location, or at the direction of the Engineer, the signs shall be replaced as near to their original locations as possible or to a location designated by the Engineer. Where it is necessary to remove "STOP" or other regulatory signs, the Contractor shall provide qualified flaggers when determined to be needed by the Engineer, until the signs are re- installed. Signs and structures damaged by the Contractor shall be replaced by him at his own expense. F. The Contractor shall provide, at his own expense, protective devices necessary to protect traffic from drop -offs, falling objects, splatter, or other hazards which may exist during construction operations. G. The Contractor will not be permitted to park his vehicles or construction equipment so as to obstruct any traffic control device. H. On any road open to traffic, materials, equipment, and other objects as determined by the Engineer, shall not be stored within the clear zone, as determined by the Engineer and as defined by AASHTO's "Roadside Design Guide ", 4th edition, unless adequately protected by a traffic barrier. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 1 CITY OF COLUMBIA HEIGHTS, MN GENERAL REQUIREMENTS WSB PROJECT NO. 011552 -000 PAGE 9 Sandbags will be the only acceptable weight to stabilize traffic control devices. During freezing conditions, the sand for bags and impact barrels shall be mixed with a de -icer to prevent the sand from freezing. The sandbags shall be placed and maintained at the base of the traffic control devices to the satisfaction of the Engineer. All personnel working on or near the traveled roadway shall wear reflectorized safety apparel approved by OSHA. Traffic Control: This work shall consist of furnishing, installing, maintaining, and removing the traffic control devices required to safely provide for traffic as required by these Special Provisions: A. Maintenance of traffic control devices shall be continuous throughout the term of the Contract, including periods of suspension. The Contractor will be required to respond to any call from the Engineer for maintenance of traffic control devices within two hours from the time of notification. The Contractor shall provide a means of receiving calls for maintenance on a 24- hour -a -day basis throughout the term of the Contract. B. All signs shall conform to the Standard Signs Manual or as shown in the Plans. All barricades shall conform to Standard Plate 80001. All other devices shall conform to the Minnesota Manual on Uniform Traffic Control Devices, except as otherwise detailed in the Plans. Plates to be installed on in -place signs shall be installed using nylon washer spacers to provide air space between the plate and the in -place sign. C. No measurement will be made of the various items that constitute Traffic Control, but all such work will be construed to be included in the single Lum Sum for which a ment is. made. MNDOT 1404 and 1710 shall apply except as supplemented below: 1. All work under this Contract which may affect traffic shall be coordinated with the Engineer so as to provide reasonable traffic access to the area under construction. The Engineer reserves the right to require immediate backfilling of any street area which the Engineer deems to be in the best interests of traffic circulation within the City. The Contractor shall be responsible to maintain the backfilled trench in a condition to allow the passage of traffic until such time as restoration or reconstruction of the surface. No additional compensation will be paid for this maintenance. 2. The Contractor shall furnish, erect, and maintain warning lights and barricades as required by the Engineer to adequately warn and protect pedestrian and vehicular traffic from hazardous protrusions, materials, excavations, etc., resulting directly or indirectly from the construction. No payment will be made therefore. These lights, signs, etc., shall be placed by the Contractor in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD). At all times the Contractor shall prosecute his work in a manner which will allow access to all areas within the project by police and fire equipment. Method of Measurement: 1. Measure all required procedures and equipment on a lump sum basis. 2. No measurement will be made for individual items, equipment or temporary pavement markings. 3. Procedural and equipment revisions resulting from minor changes or field adjustments will be considered incidental. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 1 CITY OF COLUMBIA HEIGHTS, MN GENERAL REQUIREMENTS WSB PROJECT NO. 011552 -000 PAGE 10 Basis of Pmt,: 1. Payment for the maintenance of traffic shall be at the Contract Unit Price as listed on the Bid Form. All associated work items shall be considered incidental. Progress payment amounts for traffic control will be determined by the percentage of the total contract completed based on the following schedule: 16. PROTECTION OF ADJACENT PROPERTIES The Contractor shall take whatever steps are necessary to protect adjoining properties and structures from hazards in connection with his performance of the work. The Contractor shall be responsible for all damages to properties and structures that occur as a result of his operations. Existing property iron monuments (capped or uncapped) disturbed by the Contractor shall be replaced at the Contractor's expense. Existing irrigation and pet containment systems disturbed by the Contractor shall be repaired at the Contractor's expense. 17. AIR AND WATER POLLUTION Pollution of natural resources of air, land, and water by operations under this Contract shall be prevented, controlled and abated in accordance with the rules, regulations, and standards adopted and established by the Minnesota Pollution Control Agency. The Contractor shall be responsible for dust control as an incidental item. 18. EROSION CONTROL Erosion control measures installed and maintained by the Contractor shall meet or exceed the requirements in the National Pollutant Discharge Elimination System (NPDES) Permit, whether or not a General Stormwater Permit for Construction Activity is required from the Minnesota Pollution Control Agency for this project. Erosion control shall include but not limited to the following: filter fence, fiber blanket/logs, soil stabilization methods, +» diversion ditches, • storm drain inlet protection, • staked hay bales around manholes /catch basins, and rock construction entrances, all which will be considered incidental to the project cost unless a pay item is provided. If the erosion control materials need to be removed to facilitate construction, these materials shall be replaced as soon as the construction item is completed. Failure to maintain the erosion control will be sufficient cause to withhold further payments on SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 1 CITY OF COLUMBIA HEIGHTS, MN GENERAL REQUIREMENTS WSB PROJECT NO. 011552 -000 PAGE 11 % OF CONTRACT Completed % of Item Paid 5% 15% 25% 40% 50% 70% 75% 90% 100% 100% 16. PROTECTION OF ADJACENT PROPERTIES The Contractor shall take whatever steps are necessary to protect adjoining properties and structures from hazards in connection with his performance of the work. The Contractor shall be responsible for all damages to properties and structures that occur as a result of his operations. Existing property iron monuments (capped or uncapped) disturbed by the Contractor shall be replaced at the Contractor's expense. Existing irrigation and pet containment systems disturbed by the Contractor shall be repaired at the Contractor's expense. 17. AIR AND WATER POLLUTION Pollution of natural resources of air, land, and water by operations under this Contract shall be prevented, controlled and abated in accordance with the rules, regulations, and standards adopted and established by the Minnesota Pollution Control Agency. The Contractor shall be responsible for dust control as an incidental item. 18. EROSION CONTROL Erosion control measures installed and maintained by the Contractor shall meet or exceed the requirements in the National Pollutant Discharge Elimination System (NPDES) Permit, whether or not a General Stormwater Permit for Construction Activity is required from the Minnesota Pollution Control Agency for this project. Erosion control shall include but not limited to the following: filter fence, fiber blanket/logs, soil stabilization methods, +» diversion ditches, • storm drain inlet protection, • staked hay bales around manholes /catch basins, and rock construction entrances, all which will be considered incidental to the project cost unless a pay item is provided. If the erosion control materials need to be removed to facilitate construction, these materials shall be replaced as soon as the construction item is completed. Failure to maintain the erosion control will be sufficient cause to withhold further payments on SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 1 CITY OF COLUMBIA HEIGHTS, MN GENERAL REQUIREMENTS WSB PROJECT NO. 011552 -000 PAGE 11 the project until the maintenance is complete. In addition, concrete ready -mix trucks shall have self- contained wash -out units. If the Contractor is negligent in maintaining erosion control measures, the City reserves the right to perform this work with its own forces at the City's cost times an overhead multiplier of 2.9. 19. CONSTRUCTION LIMITS The City will endeavor to have obtained all necessary easements and rights -of -way prior to the start of construction. Failure to acquire all easements and rights -of -way prior to the start of construction shall not be cause for the Contractor to request a time extension. Prior to beginning work, the City must have the necessary rights -of -way and easements. The Contractor shall confine his operations to the limits of the construction area. The Contractor shall contact the Engineer and obtain permission before storing, stockpiling, building haul roads, excavation, etc., outside existing rights -of -way. Clearing and grubbing shall be contained within the right -of -way, unless otherwise approved by the Engineer. If it becomes necessary to obtain other easements to complete the construction, the Contractor can only obtain an extension of time. Unit prices will not be adjusted because of any delay. Unless otherwise noted on the plans, the construction area is defined as the area between the back of the sidewalks, or the back of the curb when sidewalk is not present. The Contractor shall protect adjacent slope paving, retaining wall, and other landscaping features. 20. TIME OF WORK The Contractor shall notify the Owner in advance of all times when men and equipment are to work on this construction. In accordance with ordinances of the City of Columbia Heights, no work on this project shall take place between the hours of 7:00 p.m. and 7:00 a.m. and any time on Sundays, unless permission has been granted by the Owner. 21. LIQUIDATED DAMAGES Section 1807.2, Wavier of Liquidated Damages, is amended by eliminating the second paragraph in its entirety. Liquidated damages will accrue during the period from November 1st to April 15th inclusive, if the work has not been completed according to the stipulated schedule for substantial and final completion„ 22. COMPENSATION FOR INCREASED OR DECREASED QUANTITIES Delete Paragraphs 1 through 3, MnDOT Section 1903 and substitute the following: "There will be no adjustment in unit price for increased or decreased quantities under this Contract." 23. PARTIAL PAYMENTS Quantities for each street shall be recorded by the Contractor and submitted to the Engineering Department prior to request for partial payment. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 1 CITY OF COLUMBIA HEIGHTS, MN GENERAL REQUIREMENTS WSB PROJECT NO. 011552 -000 PAGE 12 24. MOBILIZATION A, This item shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the Project site; for the establishment of all Contractor offices, buildings or other facilities needed for work on the Project. B. Progress payment amounts for mobilization will be determined by the percentage of the total contract completed based on the following schedule: % OF CONTRACT Completed % of Item Paid 10% 50% 50% 75% 100% 100% 25. DEWATERING The Contractor shall provide excavation dewatering as necessary to allow for construction on stable foundation all at the expense of the Contractor. Dewatering operations may be controlled by permit from the DNR or other agencies. The Contractor is responsible for application for any necessary permits and compliance with all conditions to permits. The cost of all dewatering shall be incidental to the utility construction operation. 26. TEMPORARY WATER Water for new construction purposes may be obtained from the City. The Contractor shall make suitable arrangements with the Water Department for the location where water may be obtained. The City will not charge for water for all normal requirements, but reserves the right to charge the costs of any water which is used over these normal requirements; such cost to be charged to the contractor. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 1 CITY OF COLUMBIA HEIGHTS, MN GENERAL REQUIREMENTS WSB PROJECT NO. 011552 -000 PAGE 13 CITY ENGINEERS ASSOCIATION OF MINNESOTA Engineering Our Cities'Futures I IN STANDARD SPECIFICATIONS 2600 Trench Excavation and Backfill /Surface Restoration 2611 Watermain and Service Line Installation 2621 Sanitary Sewer and Storm Sewer Installation 2631 -CIPPS Sewer Pipe Rehabilitation - Cured In Place Pipe Systems 2641 — Pipeline Rehabilitation - Pipe Bursting Method 2013 Edition TABLE OF CONTENTS SECTION 2600 - STANDARD SPECIFICATIONS FOR TRENCH EXCAVATION & BACKFILUSURFACE RESTORATION ........................................................... ..............................1 2600.1 DESCRIPTION ......................................................................................................... ............................... i 2600.2 MATERIALS .............................................................................................................. ..............................1 AGranular Materials ........................................................................................................ ..............................1 Al Granular Material Gradation Classifications. ... . ......... ......... ...... ............ --- .... ..1 A2 Granular Material Use Designations ...................................................................... ..............................2 BInsulation ........................................................................................................................ ..............................2 CGeotextile Fabric .......................................................................................................... ..............................3 2600.3 CONSTRUCTION REQUIREMENTS ................................................................ ..............................3 AGeneral Provisions ...................................................................................................... ..............................3 Al Maintenance of Traffic- ................. ......... ........ ......... ......... ......... ......... ......... 3 A2 Establishing Line and Grade--........ ........ ............ ......... ..... ..,..,..,.....................3 A3 Protection of Surface Structures—,.--.. ......... ......... ......... ......... ......... ......... 5 A4 Interference of Underground Structures.. ......... ........ ....... ......... ............... ...............5 AS Removal of Surface Improvements ........................................................................ ..............................6 A6 Temporary Service Measures ......... .... .... ......... ...... --- ... .. ........... ......... ......... ..............7 B Excavation and Preparation of Trench ................................................................... ..............................7 131 Operational Limitations and Requirements . ........... ................................... .... --- ..... --- ....... ,.,..,,.,..7 B2 Classification and Disposition of Materials ......................................................... ..............................8 B3 Excavation Limitations and Requirements .......................................................... ..............................8 B4 Sheeting and Bracing Excavations ........................................................................ ..............................9 B5 Preparation and Maintenance of Foundations ................................................... .............................10 B6 Contaminated Materials and Regulated Wastes.. - ......... ............ ... — ... - ... ,.............. ......,.........,...11 C Trenchless Pipe Installation . ......... .... -- .................. ....,.... ......... ..— ..... --- ......... .,.......12 C1Jacking /Boring ............ ......... ..................... .. ...............-- ............. ......... ....,.......12 C2 Directional Boring... - ........ .............. ............. .............. ............14 D Placement of Insulation,........ ........ ---- .... . ...... .. .....,... 14 E Pipeline Backfilling Operations ............................................................................... .............................15 F Restoration of Surface Improvements,,,,,,,,.,,,., ......... ....... —... —. ................... ......... ........,...16 G Maintenance and Final Cleanup—., .. ....... ......... ......... ...... .............,...,. .,....,......16 2600.4 METHOD OF MEASUREMENT ............................................................................. .............................17 ARock Excavation .......................................................................................................... .............................17 BGranular Materials ....................................................................................................... .............................17 CGeotextile Fabric ......................................................................................................... .............................17 DInsulation ....................................................................................................................... .............................17 2600.5 BASIS OF PAYMENT ............................................................................................. .............................17 SECTION 2611 - STANDARD SPECIFICATIONS FOR WATERMAIN AND SERVICE LINEINSTALLATION ............. »....w ..... ..... ................................... .m...............,.......,,..., ..........19 2611.1 DESCRIPTION ......................................................................................................... .............................19 2611.2 MATERIALS ............................................................................................................. .............................21 AWater Pipe Materials..... ......... ......... ..... ................,.......,....., ,. ... ........,.,..........,..,. ..,,..,.,...21 Al Ductile Iron Pipe and Ductile Iron and Gray Iron Fittings ................................ .............................22 A3 Polyvinyl Chloride (PVC) Pressure Pipe and Fittings ....................................... .............................22 A4 Polyethylene (PE) Pressure Pipe and Fittings., .......... ...... ...................... __ ..... __ ... _23 BFire Hydrants ................................................................................................................ .............................23 CValves and Valve Housing .... .... .... ....... ............... . ................ .,,....., .. .,............,,.....24 C1Valve Housings........ .... ___ ............. ........................ ...................... 24 C2Gate Valves .................................................................................................................. .............................24 C3Butterfly Valves ......... ......... .............. ..... ......... .................. ............ . ...,..,,....,.......,.,25 D Water Service Pipe and Fittings,.. ... ......... .... .... ...................... ........ ,.,.,,,.,,.25 E Polyethylene Encasement Material..,....., ................... ......................26 F Mechanical Joint Restraints . ......... ......... ......... ......... . ........ .... ........ ..,...... ..,...... , .......,.,26 GMortar ............................................................................................................................. .............................26 HConcrete .. ....... ................ ..... ..... ........ .................... ......... ......... ...,.......,.,.,.. ,...,....26 1 Tracer Wire for Non - Conductive Pipe,.. ...... ......... ......... ......... .. ..., ......... ....,,..,....26 2611.3 CONSTRUCTION REQUIREMENTS ..................................................................... .............................27 A Installation of Pipe and Fittings........ ....____ .............. , . ,......... ......... .,,.....,......... ,. .....,....27 AlInspection and Handling ......... ...... ......... .................... ......... ......... ......... .................. ........27 A2Pipe Laying Operations ............................................................................................ .............................27 A3Aligning and Fitting of Pipe ..................................................................................... .............................28 A4 Blocking and Anchoring of Pipe .......... ......... ............ ....... ......,,....,.......28 AS Polyethylene Encasement of Pipeline .................................................................. .............................29 B Connection and Assembly of Joints ..................... ......... ......... ... .. ...........,.30 B1 Ductile Iron Pressure Pipe and Fitting Joints_........ .... ........................... ............ ...,..,......30 B3 Polyvinyl Chloride Pipe Joints ....... ,, ....... ..................... ......... ......... ..... ,.............31 B3 Polyethylene Pipe Joints... . ......... ......... ......... ........................... .... ...... ........, ...,.,...,...31 B4 Tracer Wire for Non - conductive Pipe...., ......... ......... .......... ,.... ....... ,....... ____ .......... ,..,..,,..31 C Water Service Installations ... ......... ......... . _....... ... ... _ ....... ....., ..............., ., ,., , .... .,...,,,,....32 C1Tee Branch Service Lines ........................................................................................ .............................32 C2Tapped Service Lines .......... ......... ................. . .. ....... ................w,..,. ....,.,......,... , ......,.....32 D Setting Valves, Hydrants, Fittings and Specials.. ... ....................... ......... 33 E Disinfection of Watermains ....................................................................................... .............................34 F Electrical Conductivity Test........, .. .. ......... ..................... ......... , ........, , .....,,, ....,,,.,,.... ........35 G Hydrostatic Testing of Watermains ........................ ......... ......... ......... ........ , ...........,.35 HOperational Inspection ............................................................................................... .............................36 2611.4 METHOD OF MEASUREMENT ............................................................................. .............................36 AWater Pipe ............ ...... .......... .................. ....,..,. ........ .,..,,,., ......... „ .................. .............36 BValves,.,._.,. ... .. ......... ......... ............. . .„.,..36 CCorporation Stops .......................................................................................................... ......_.....,....,,.,,.,...,,36 DCurb Stops ................................................. ............................... ........ ......... ...................... ............36 EHydrants ............................... .................. ......... ..,...... ___ ...... ..................... _____.__,36 FAir Vents .... .. .... ......... ___ ......... ............. ...... ......... ..................... ......... ......... .....,.,..,, ,,,...36 GPolyethylene Encasement ........................... .......... ____ ... ....... ,,,.,, ................... ... , ......,....,..,..,....37 H Ductile and Gray Iron Fittings .......... ......... .................... ......... ,........ .. .....,.37 1 Polyvinyl Chloride or Polyethylene ...... ............... ......... ......... ............. ..............,.,.,,37 JAccess Structures.... .. .................. .... ............................... ...... ......... ......... ......... .............37 2611.5 BASIS OF PAYMENT ............................................................................................. .............................37 SECTION 2621 - STANDARD SPECIFICATIONS FOR SANITARY SEWER AND STORM SEWER INSTALLATION .................................................................... .............................39 2621.1 DESCRIPTION ......................................................................................................... .............................39 2621.2 MATERIALS ............................................................................................................. .............................40 A Sewer Pipe and Service Line Materials .................................................................... .............................41 Al Vitrified Clay Pipe and Fittings...... ...... ... - .___ ... ........ ......... ...... ....................... ...........41 A2 Ductile Iron Pipe and Ductile Iron and Gray Iron and Fittings .................... ................. ___ .... .....41 A3 Reinforced Concrete Pipe and Fittings ..... . ... ............ ........ ........ ......,., .,....... ...........,.42 A4 Corrugated Steel Pipe and Fittings ....................................................................... .............................42 A5 Polyvinyl Chloride Pipe and Fittings .s. ........ ..................... ..... .. .... .. ........... .. .....,.., ..............42 A6Cast Iron Soil Pipe .... ...... .... ........... ........ ......... ......... ___ ... . ..................,.,..,.43 A7 Acrylonitrile- Butadiene - Styrene Pipe ....... ......... ....... .,.,.,... .....43 A8 Corrugated Polyethylene Pipe ....... ____ .... ...... ........... .. ......... ......... ......... ................... .,,. ... 43 A9 Solid Wall High Density Polyethylene Pipe.,..,,... .................. ......,........... . ,,..,..,.....43 A10Fiberglass Reinforced Pipe ................................................................................... .............................43 All Polypropylene Pipe .......... ....... .................... ......... ........... ....... .............44 Al2 Tracer Wire for Non - conductive Pipe ..... ......... ..................... ......... ......... ....45 B Metal Sewer Castings,,.,,.,,,, ... ......... .................... ................ ___ ... .. ..... .... ........... .....,..45 C Precast Concrete Manhole and Catch Basin Sections.... ........ ......... .............. ...,,.,......45 GMortar ................ ........ ......... ..... ... , ............. .... ..... w , ....... ...,..... ......... ..........,..46 EConcrete ........................................................................................................................ .............................46 2621.3 CONSTRUCTION REQUIREMENTS ..................................................................... .............................46 A Installation of Pipe and Fittings ....... ..................... ......... .......... ......... ........, ......... ...46 Al Inspection and Handling ......... ....... .. ......... ........a ............. A2Pipe Laying Operations ............................................................................................ .............................47 A3 Connection and Assembly of Joints_... ... ......... ......... ......... .......... ....... .............................47 A4Bulkheading Open Pipe Ends ................................................................................. .............................47 B Appurtenance Installations. ..... .... ...... ......... ..................... ............48 C Sewer Service Installations... ..... ......... ......... ......... ......... ....... ......... ......... _ .....,,..,.,48 D Manhole and Catch Basin Structures ........ ......... .......... .............. ......... ......... 49 ESanitary Sewer Leakage Testing ............................................................................. .............................50 E1Air Test Method .......................................................................................................... .............................51 E2Hydrostatic Test Method..._.........., .................... ......... ........ .......... .............. ____ ... .............52 E3Test Failure and Remedy........, ......... ___ ... ... ........ ......... ...................... .,.,... ...... ........ .............53 FDeflection Test..__ _ _ ...,,..... ......... ......... ......... ......... ..... ........... ....... .............53 F1Test Failure and Remedy .......................................................................................... .............................53 GTelevising ...... ....... .. ..... ................ ............ . .........................,..... ...... .............. ...., ... ....,,.,..54 2621.4 METHOD OF MEASUREMENT ............................................................................. .............................54 ASewer Pipe .................................................................................................................... .............................54 BManholes ....................................................................................................................... .............................54 CCatch Basins ................................................................................................................. .............................54 DOutside Drop Connection .......................................................................................... .............................55 EService Connection ..................................................................................................... .............................55 FService Pipe.,..,. ........ ..................... ......... .....,... ........,..,55 GSpecial Pipe Fittings ................................................................................................... .............................55 HAppurtenant Items ....................................................................................................... .............................55 2621.5 BASIS OF PAYMENT ........................................................................................... ............................... 55 SECTION 2631 CIPPS - STANDARD SPECIFICATIONS FOR SANITARY SEWER AND STORM SEWER PIPE REHABILITATION WITH CURED IN -PLACE PIPE SYSTEMS(CIPPS) ........................ ...w........,......... ............ .................., .......... .... ........,...................,57 2631.1 CIPPS DESCRIPTION ............................................................................................ .............................57 AGeneral ........................................................................................................................... .............................57 BQualifications...... .... ___ .................. ..... ......... ..................... ......... ......... ........ ___ ... ,...,..,...,.58 B1 Manufactured Products and Installation,. ....................... ...... ,... ___ ...... .,,........... .,..,58 2631.2 CIPPS MATERIALS .................. ...... ...................................... .. .......I........,.......,.,,.,. , ....,............. 59 AGeneral ............................................................................................................................ .............................59 AlCIPPS Fabric Tube ..... ......... ............................. . .......... . ....... ...................... .....................,..59 A2 CIPPS Structural Requirements ..... ......... ......... .................. ............. ...,..... ...,..... ..,..........61 A3 Material Testing Requirements ...... ...................... . ......,.. ,...,..,. .,.,............. ..,...,......62 2631.3 CIPPS CONSTRUCTION REQUIREMENTS ........................................................ .............................62 AInstallation of CIPPS ............ ......... ..................... ................... ......... .........................62 AlAccess . ...... ... ..... ......... ......... .................. ......... ..................... ........... ....... ............................62 A2Water Usage ................................................................................................................ .............................62 A3 Cleaning of Sewer Lines .................. .......... _....... , ........ .....,... _....,,.,. .......,.......,.........63 A4Bypassing Wastewater........ .. ..................... ............................. ....,,... ..... ....63 A5Inspection of Pipelines ............................................................................................. .............................63 A6Line Obstructions ................ .......... .. ...... . ..,..,,., ...... .,..., ..,., ..... ..,........ .. ...... . ..,...... ..,..........63 A7 Public Notification ..... ......... .................. ......... ......,.. ..,...... ......... ........ ..., ..........64 A8Liner Installation ......................................................................................................... .............................64 A9Resin Impregnation ........................... ........... ....... ......... ......... ......... ..... - ............. ..... ............65 A10Cool Down ,... ......... .......... ........ ......... ............................ ....................., ,............65 All Finishing Operations ......... ......... .................... ......... ........, ............, ,.................. ... ... ..,...65 Al2 Manhole Connections ............... ......... ......... .................. ......... .......65 Al Reconnections of Existing Services ....... ........,......,..... ......,. ..............,.,..,.. ..,...... .........,66 A14CIPP Short- Liner .................. ................... .,...,... ........, .......,. ..,.................. ........ ,...,.......,66 B TESTING AND INSPECTION . ......... ......... ..........................,.,.. ...,.... ............66 B1Testing ................ ......... ........ .................. .,....... ......... ,,.,.,........., .......................... .......,,.,,66 B2Inspection ................................................................................................-.......,.......... .,,..........................67 B3Televising ..................................................................................................................... .............................67 2631.4 CIPPS METHOD OF MEASUREMENT ................................................................. .............................67 2631.5 CIPPS BASIS OF PAYMENT ................................................................................. .............................68 SECTION 2641 - STANDARD SPECIFICATIONS FOR PIPELINE REHABILITATION BYPIPE BURSTING ......................... ............................... ry ............ ............................... , ..69 2641.1 DESCRIPTION ......................................................................................................... .............................69 AGeneral....._., .... ............. ........... ................. ............. ......... ......... ..,.,.,.,....,.......69 2641.2 QUALIFICATIONS ................. .................. . ............................... ................. .........................69 2641.3 MATERIALS ............................................................................................................. .............................69 2641.4 SUBMITTALS ........................................................................................................ ............................... 70 2641.5 DELIVERY, STORAGE, AND HANDLING ........................................................... .............................70 2641.6 LICENSE AGREEMENTS ...................................................................................... .............................70 2641.7 CONSTRUCTION REQUIREMENTS ..................................................................... .............................70 2641.8 TESTING AND INSPECTION ................................................................................. .............................72 2641.9 METHOD OF MEASUREMENT ............................................................................. .............................73 2641.10 BASIS OF PAYMENT ........................................................................................... .............................73 SECTION 2600 — STANDARD SPECIFICATIONS FOR TRENCH EXCAVATION & BACKFILL /SURFACE RESTORATION 2600.1 DESCRIPTION This work shall consist of excavation, trenching, backfilling, and restoration of existing surfaces for the construction of underground utilities. The use of the term "Plans, Specifications and Special Provisions" within this specification shall be construed to mean those documents which compliment, modify, or clarify these specifications and are an enforceable component of the Contract Documents. All references to MnDOT Specifications shall mean the latest published edition of the Minnesota Department of Transportation "Standard Specifications for Construction ", and all supplements and amendments thereto, published prior to the date of advertisement for bids. All reference to other Specifications of AASHTO, ASTM, ANSI, AWWA, etc. shall mean the latest published edition available on the date of advertisement for bids. 2600.2 MATERIALS A Granular Materials Granular materials furnished for foundation, bedding, encasement, backfill, or other purposes as may be specified shall consist of any natural or synthetic mineral aggregate such as sand, gravel, crushed rock, crushed stone, or slag that shall be so graded as to meet the gradation requirements specified herein for each particular use by the material manufacturer or as indicated in the Plans, Specifications, or Special Provisions. Al Granular Material Gradation Classifications Granular materials furnished for use in Foundation, Bedding, Encasement, or Backfill construction shall conform to the following requirements: Foundation materials shall have one hundred percent (100 %) by weight passing the one and one -half inch (1 1/2 ") sieve and a maximum of ten percent (10 %) by weight passing the No. 4 sieve. Not less than fifty percent (50 %) of the material by weight that is retained on the No. 4 sieve shall have one (1) or more crushed faces. Hard, durable crushed carbonate quarry rock may be used for Foundation materials. Bedding and encasement materials for flexible pipe shall meet the requirements of MnDOT Specification 3149.2131, Granular Borrow, except that one hundred percent (100 %) by weight shall pass the one inch (1 ") sieve. Backfill materials shall consist of suitable existing trench materials, except as otherwise specified in the Special Provisions. Suitable material shall be defined as a mineral soil free of foreign materials (rubbish, organics, and debris), frozen clumps, oversize stone, rock, concrete or bituminous chunks, and other unsuitable materials that may damage the pipe, prevent thorough compaction, or increase the risks of settlement. Page 1 A gradation report, certified by an approved independent testing laboratory, of the proposed granular materials shall be furnished to the Engineer before any of the granular materials are delivered to the project. A2 Granular Material Use Designations Granular materials provided for Foundation, Bedding, Encasement, or Backfill use as required by the Plans, Specifications, and Special Provisions, either as part of the pipe item work unit or as a separate contract item, shall be classified as to use in accordance with the following: Material Use Designation Zone Designation Granular Foundation Placed below the bottom of pipe grade as replacement for unsuitable or unstable soils, to achieve improved foundation support. Granular Bedding Placed below the pipe midpoint, prior to pipe installation, to facilitate proper shaping and to achieve uniform pipe support. For flexible pipe installation, placed below the pipe midpoint to a point six inches (6 ") below the bottom of pipe or twenty five percent (25 %) of the diameter below the pipe, whichever is greater. Granular Encasement Placed below an elevation one foot above the top of pipe, after pipe installation, for protection of the pipe and to assure proper filling of voids or thorough consolidation of backfill. Granular Backfill Placed below the surface base course, if any, as the second stage of backfill, to minimize trench settlement and provide support for surface improvements. In each case above, unless otherwise indicated, the lower limits of any particular zone shall be the top surface of the next lower course as constructed. The upper limits of each zone are established to define variable needs for material gradation and compaction or void content, taking into consideration the sequence of construction and other conditions. The material use and zone designations described above shall only serve to fulfill the objectives and shall not be construed to restrict the use of any particular material in other zones where the gradation requirements are met. B Insulation Insulation shall be extruded rigid board material having a thermal conductivity of 0.23 BTU /hour /square foot/degree Fahrenheit/per inch thickness, maximum, at 40 °F mean, a comprehensive strength of thirty five (35) psi minimum, and water absorption of one quarter percent (0.25 %) by volume minimum. Unless otherwise specified in the Plans, Specifications, or Special Provisions, board dimensions shall measure eight feet (8') long, two or four feet (2' or 4') wide, and one (1), one and one half (1 -1/2), two (2), or three (3) inches thick. Page 2 C Geotextile Fabric Geotextile fabric shall meet the requirements of MnDOT Specification 3733 and be used as required by the Plans, Specifications, and Special Provisions. 2600.3 CONSTRUCTION REQUIREMENTS A General Provisions Al Maintenance of Traffic Whenever work interferes with the flow of traffic along a roadway, the Contractor shall provide traffic control signing and public safety in accordance with the provisions Minnesota Manual on of Uniform Traffic Control Devices (current edition and any amendments), MnDOT Specifications 1404 and 1710, and the Special Provisions. Neither road closures nor detours shall be permitted unless specified in the Special Provisions or authorized by the Engineer. Where road closures or detours are permitted by the Engineer, the Engineer shall determine the appropriate agencies, boards, or departments the Contractor must notify prior to taking the action and the proper advance notice to be provided to each body. Compliance with this requirement shall not be construed to relieve the Contractor from the responsibility of notifying agencies or institutions whose services may be predicated upon a roadway being opened to traffic or whose services would be hindered if a roadway is closed to traffic. Such agencies or institutions shall include, but not be limited to, the police department, the fire department, municipal bus service, school bus service, and ambulance service, mail delivery, and waste hauler services. The Contractor shall keep the required agencies informed of changing traffic patterns and detour situations. A2 Establishing Line and Grade The primary line and grade will be established by the Engineer. For trench installation, line and grade stakes will be set parallel to the proposed pipeline at an appropriate offset therefrom as will best serve the Contractor's operations wherever practical. For tunnel installation, line and grade stakes will be set directly above the proposed pipeline setting. The Contractor shall arrange operations to avoid unnecessary interference with the establishment of the primary line and grade stakes and shall render whatever assistance may be required by the Engineer in accomplishing the staking. The Contractor shall be responsible for preservation of the primary stakes and, if negligent in providing necessary protection, shall bear the full cost of any re- staking. The Contractor shall be solely responsible for the correct transfer of the primary line and grade to all working points and for construction of the work to the prescribed lines and grades as established by the Engineer. Unless otherwise specified in the Plans, Specifications, and Special Provisions the watermain shall generally be placed with the minimum specified cover. However, a greater depth may be required to avoid conflicts with other utilities and obstructions. Installation of watermain and services to a depth deeper than specified shall be considered incidental with no additional compensation allowed therefore. Page 3 The existing grade shown on the plans is approximate. Modification of the pipe location or differences in existing elevation shall not be cause for additional compensation. In areas where direct conflicts arise between watermain and water services, with storm sewer, sanitary sewer, sanitary sewer services, sewer forcemains, septic tanks, or subsoil treatment systems, the following shall apply: Watermain and services located near sewer forcemains: A minimum of ten feet (10') of separation, measured horizontally between the outer surfaces of the pipes is required. If ten feet (10') of separation cannot be provided, an approved additional measure of containment must be provided for either the watermain or the sewer forcemain. Watermain and services located near septic tanks, or subsoil treatment systems: A minimum of ten feet (10') measured horizontally between the outer surfaces of the watermain, tank and subsoil treatment system is required. Watermain and services located near gravity sanitary and storm sewers: A minimum of ten feet (10') measured horizontally between the outer surfaces of the pipes is required. In locations where local conditions prevent the required separation indicated above (due to the presence of rock, buildings, other significant obstructions), the watermain may be laid closer to gravity sewer if one (1) of the following conditions is met: The bottom of the watermain is laid at least eighteen inches (18 ") above the top of the sewer on a separate shelf; or The sewer is constructed of materials and with joints that are equivalent to watermain standards of construction and is pressure tested to assure water tightness prior to backfilling. Watermain and services crossing gravity sanitary and storm sewers: A minimum vertical separation of eighteen inches (18 ") must be provided between the outer surfaces of the pipes, with preference that the watermain cross above the sewer, wherever possible. One full length of water pipe shall be located so both joints will be as far from the sewer as possible. Watermain above -water crossings: The pipe shall be adequately supported and anchored, protected from vandalism, damage and freezing, and accessible for repair or replacement. Page 4 Watermain underwater crossings: A minimum cover of five feet (6) shall be provided over the pipe unless otherwise approved by the Department of Health. When crossing water courses which are greater than fifteen feet (15') in width, the following shall be provided: 1. The pipe shall be of special construction, having flexible, restrained or welded watertight joints 2. Valves shall be provided at both ends of water crossings so that the section can be isolated for testing or repair; the valves shall be easily accessible, and not subject to flooding 3. Permanent taps or other provisions to allow insertion of a small meter to determine leakage and obtain water samples on each side of the valve closest to the supply source. A3 Protection of Surface Structures All surface structures and features located outside the permissible excavation limits for underground installations, together with those within the construction areas which are indicated in the Plans as being saved, shall be properly protected against damage and shall not be disturbed or removed without approval of the Engineer. Within the construction limits, as indicated on the plans or as directed by the Engineer, the removal of improvements such as pavement, curb, curb & gutter, walks, turf, etc., shall be subject to equivalent acceptable replacement after completion of underground work, with all expense of removal and replacement being borne by the Contractor to the extent that separate compensation is not specifically provided for in the Contract. Obstructions such as street signs, guard posts, small culverts, mailboxes, and other items of prefabricated construction may be temporarily removed during construction provided that essential service is maintained in a relocated setting as approved by the Engineer and that nonessential items are properly stored for the duration of construction. Upon completion of the underground work, all such items shall be replaced in their proper setting at the sole expense of the Contractor to the extent that separate compensation is not specifically provided for in the Contract. The Contractor shall be responsible for protection of existing overhead utilities and poles. This shall include arranging with the utility owner and arrange paying the utility for holding poles that will be close to the edge of any trench. Holding of poles and repair of any damage to these facilities shall be considered incidental to the project with no additional compensation allowed. If relocation or removal of these facilities is required, the Owner will contact the concerned utility owner and arrange and pay for the relocation or removal at no additional expense to the Contractor. In the event of damage to any surface improvements, either privately or publicly owned, in the absence of construction necessity, the Contractor will be required to replace or repair the damaged property to the satisfaction of the Engineer and without cost to the Owner. A4 Interference of Underground Structures When any underground structure interferes with the planned placement of the pipeline or appurtenances to such an extent that alterations in the work are necessary to eliminate the conflict or avoid endangering effects on either the existing or proposed facilities, the Contractor Page 5 shall immediately notify the Engineer and the Owner of the affected structure. When any existing facilities are endangered by the Contractor's operations, the Contractor shall cease work at the site and take such precautions as may be necessary to protect the in -place structures until a decision is made as to how the conflict will be resolved. Without specific authorization from the Engineer, no utility service shall be disrupted, nor shall any change be made in either the existing structures or the planned installations to overcome the interference. Alterations in existing facilities will be allowed only to the extent that service will not be curtailed and then only when the encroachment or relocation will satisfy all applicable regulations and conditions. Wherever alterations are required as a result of unforeseen underground interferences not due to any fault or negligence of the Contractor, the Engineer will issue a written order covering any additional or extra work involved and specifying the revised basis of payment, if any. Any alterations made strictly for the convenience of the Contractor, shall be subject to prior approval and shall be at the Contractor's expense. No extra compensation will be allowed for delays caused by the interference of underground structures. A5 Removal of Surface Improvements Removal of surface improvements in connection with trench excavation shall be limited to actual needs for installation of the pipeline and appurtenances, based on the allowable trench widths and any other controls imposed in connection with the work. Removal operations shall be coordinated effectively with the excavation and installation operations as will cause the least practical disruption of traffic or inconvenience to the public. The debris resulting from removals shall become the property of the Contractor and shall be disposed of by the Contractor in accordance with MnDOT Specification 2104 and the Special Provisions. Removal debris shall not be deposited at locations that will block access to fire hydrants, private driveways, or other essential service areas, nor obstruct surface drainage. Removal and final disposal of debris shall be accomplished as a single operation wherever possible and, in any event, the debris shall be removed from the site before starting the excavating operations. Removal of concrete or bituminous structures shall be by methods producing clean -cut breakage to pre- scored lines as will preserve the remaining structure without damage. Removal equipment shall not be operated in a manner that will cause damage to the remaining structure or adjoining property. Where not removed to an existing joint, concrete structures shall be sawed along the break lines to a minimum depth of one -third (1/3) of the structure depth. Any reusable materials generated during the work, such as aggregate, sod, topsoil, shall be segregated from other waste materials and be stockpiled so as to maintain suitability and permit proper reuse. The use of drop weight equipment for breaking pavement will be allowed to the extent that the Contractor shall assume full responsibility for any damages caused thereby. The pavement breaking operation shall not be allowed to become a nuisance to the public or a source of damage to underground or adjacent structures. The Engineer reserves the right to order discontinuance of drop weight breaking operations at any time. Page 6 A6 Temporary Service Measures While any open excavations are maintained, the Contractor shall have available a supply of steel plates suitable for temporary bridging of open trench sections where either vehicular or pedestrian traffic must be maintained. Use of the plates shall be as directed or approved by the Engineer and where installed they shall be secured against possible displacement and be replaced with the permanent structure as soon as possible. B Excavation and Preparation of Trench B1 Operational Limitations and Requirements Trench excavation must conform to all local, state and federal requirements. All work must be confined to the limits of the construction and to easements and right of way as indicated on the plans. The Contractor shall install at his expense the necessary trench support to meet the varying soil conditions and to protect existing structures and property. The trench shall be drained to provide stable excavation and permit the pipe to be laid in a dry trench. Excavating operations shall proceed only so far in advance of pipe laying as will satisfy the needs for coordination of work and permit advance verification of unobstructed line and grade as planned, consistent with the Contractors methods and scheduling. Where interference with existing structures is possible or in any way indicated, and where necessary to establish elevation or direction for connections to in -place structures, the excavating shall be done at those locations in advance of the main operation so actual conditions will be exposed in sufficient time to make adjustments without resorting to extra work or unnecessary delay. Wherever possible, excavated materials shall be placed in areas that will not block existing vehicle and pedestrian traffic and drainage ways. The Contractor shall review proposed methods of operation with the Engineer prior to beginning the work. The Contractor shall backfill all trenches at the end of each work day, or upon written authorization of the Engineer, shall provide another approved method of protecting the trench area while work is not being performed. All installations shall be accomplished by open trench with the exception that boring, jacking and tunnel construction methods shall be employed where specifically required by the Plans, Specifications, or Special Provisions. The excavating operations shall be conducted so as to carefully expose all existing underground structures without damage. Wherever the excavation extends under or approaches so close to an existing structure as to endanger it in any way, precautions and protective measures shall be taken as necessary to preserve the structure and provide temporary support. Hand methods of excavating shall be utilized to probe for and expose such critical or hazardous installations as gas pipe, power and communication cables, watermain, gravity and pressure sewers, and respective service pipes. The Engineer shall be notified of any need for blasting to remove materials which cannot be broken up mechanically, and there shall be no blasting operations conducted until the Engineer's approval has been secured. Blasting will be allowed only when proper precautions are taken to protect life and property, and then shall be restricted as the Engineer directs. The hours of blasting operations shall be set by the Owner. The Contractor shall assume full Page 7 responsibility for any damages caused by blasting, regardless of the requirements for notification and approval. The Contractor shall secure any required permits for blasting and shall conduct blasting operations in conformance with all applicable local, state and federal laws, regulations, and ordinances. B2 Classification and Disposition of Materials Excavated materials will be classified for payment only when specifically provided in the Special Provisions, or the Proposal. All other materials encountered in the excavations will be considered incidental to utility construction, with no additional compensation provided thereto. Miscellaneous excavated materials that are not specifically identified for payment in the Special Provisions or Proposal, exceed one (1) cubic yard in volume, cannot be re -used within the project limits, and in the opinion of the Engineer requires special means for handling and disposal, may be considered for payment through supplemental agreement as extra work. Miscellaneous excavated materials include but are not limited to organic soils, rubble, wood debris, boulder stone, masonry, concrete fragments, and metals. Rock excavation shall be defined to include all hard, solid rock in ledge formation, bedded deposits and unstratified masses; all natural conglomerate deposits so firmly cemented as to present all the characteristics of solid rock; and any boulder stone, masonry or concrete fragments exceeding one (1) cubic yard in volume. Materials such as shale, hard pan, soft or disintegrated rock which can be dislodged with a hand pick or removed with a power operated excavator will not be classified as Rock Excavation. Excavated materials will be classified for reuse as being either Suitable or Unsuitable for backfill or other specified use, subject to selective controls. All suitable materials shall be reserved for backfill to the extent needed, and any surplus remaining shall be utilized for other construction on the project as may be specified or ordered by the Engineer. To the extent practicable, granular materials and topsoil shall be segregated from other materials during the excavating and stockpiling operations so as to permit best use of the available materials at the time of backfilling. Unless otherwise specified in the Plans, Specifications, and Special Provisions, material handling as described above shall be considered incidental with no additional compensation provided. All excavated materials reserved for backfill or other use on the project shall be stored at locations approved by the Engineer that will cause a minimum of inconvenience to public travel, adjacent properties, and other special interests. The material shall not be deposited so close to the edges of the excavations in a manner that could create hazardous conditions, nor shall any material be placed so as to block the access to emergency services. All materials considered unsuitable by the Engineer, for any use on the project, shall be immediately removed from the project and be disposed of as arranged for by the Contractor with no additional compensation. B3 Excavation Limitations and Requirements Trench excavating shall be to a depth that will permit preparation of the foundation as specified and installation of the pipeline and appurtenances at the prescribed line and grade, except where alterations are specifically authorized. Trench widths shall be sufficient to permit the pipe to be laid and joined properly and the backfill to be placed and compacted as specified. Extra width shall be provided as necessary to permit convenient placement of sheeting and shoring and to accommodate placement of appurtenances. Page 8 Excavations shall be extended below the bottom of structures as necessary to accommodate any required Granular Foundation material. When rock or unstable foundation materials are encountered at the established grade, additional materials shall be removed as specified or directed by the Engineer to produce an acceptable foundation. Unless otherwise indicated or directed, rock shall be removed to an elevation at least six inches (6 ") below the bottom surface of the pipe barrel and below the lowest projection of flange and bell /spigot joint. All excavations below grade shall be to a minimum width equal to the outside pipe diameter plus two feet (2'). Rock shall be removed to such additional horizontal dimensions as will provide a minimum clearance of six inches (6 ") on all sides of appurtenant structures such as valves, housings, access structures, etc. Where no other grade controls are indicated or established for the pipeline, the excavating and foundation preparations shall be such as to provide a minimum cover over the top of the pipe as specified. Trench widths shall allow for at least six inches (6 ") of clearance on each side of the flange and bell /spigot joint. The maximum allowable width of the trench at the top of pipe level shall be the outside diameter of the pipe plus two feet (2'), subject to the considerations for alternate pipe loading set forth below. The width of the trench at the ground surface shall be held to a minimum to prevent unnecessary destruction of the surface structures. The maximum allowable trench width at the top of pipe level may be exceeded only by approval of the Engineer, after consideration of pipe strength and loading relationships. Any alternate proposals made by the Contractor shall be in writing, giving the pertinent soil weight data and proposed pipe strength alternate, at least seven (7) days prior to the desired date of decision. Approval of alternate pipe designs shall be with the understanding that there will be no extra compensation allowed for any increase in material or construction costs. If the trench is excavated to a greater width than that authorized, the Engineer may direct the Contractor to provide a higher class of bedding and /or a higher strength pipe than that required by the Plans, Specifications, and Special Provisions in order to satisfy design requirements, without additional compensation. The use of granular foundation materials shall not be used as an aid to facilitate installation of pipe in wet soil conditions. Use of these materials in this manner in lieu of providing adequate dewatering measures shall be considered incidental to the construction with no additional compensation allowed therefore. B4 Sheeting and Bracing Excavations All trench excavations that require slope support shall be sheeted, shored, and braced in a manner that will meet all requirements of the applicable safety codes and regulations; comply with any specific requirements of the Contract; and prevent disturbance or settlement of adjacent surfaces, foundations, structures, utilities, and other properties. Any damage to the work under contract, to adjacent structures, or other property, caused by settlement, water or earth pressures, slides, cave -ins, or other causes due to the failure or lack of sheeting, shoring, or bracing, through negligence or fault of the Contractor in any manner shall be repaired at the Contractor's expense and without delay. The Plans, Specifications, and Special Provisions may require special precautions to protect life and property. The Engineer may order other precautions when excavation conditions appear to warrant additional measures. Failure of the Engineer to order correction of improper or Page 9 inadequate sheeting, shoring, or bracing shall not relieve the Contractor's responsibilities for protection of life, property, and the work. The Contractor shall assume full responsibility for proper and adequate placement of sheeting, shoring, and bracing, to prevent displacement. Bracing shall be so arranged as to provide ample working space and without increase of stress or strain on the in -place structures to any extent that may cause damage. Sheeting, shoring and bracing materials shall be removed only when and in such manner as will assure adequate protection of the in -place structures and prevent displacement of supported grounds. Sheeting and bracing shall be left in place only as required by the Plans, Specifications, and Special Provisions or ordered by the Engineer. Otherwise, sheeting and bracing may be removed as the backfilling reaches the level of respective support. Wherever sheeting and bracing is left in place, the upper portions shall be cut and removed to an elevation of three feet (3') or more below the established surface grade or as the Engineer may direct. All costs of furnishing, placing and removing sheeting, shoring, and bracing materials, including the value of materials left in place as required by the Contract, shall be included in the prices bid for pipe installation and will not be compensated for separately. When sheeting, shoring, or bracing materials are left in place by written order of the Engineer, in the absence of specific requirements of the Contract, payment will be made for those materials by supplemental agreement. B5 Preparation and Maintenance of Foundations Foundation preparations shall be conducted as necessary to produce a stable foundation and provide continuous and uniform pipe bearing between bell holes. The initial excavating or backfilling operations shall produce a subgrade level slightly above finished grade as will permit hand shaping to finished grade by trimming of high spots and without the need for filling of low spots to grade. Final subgrade preparations shall be such as to produce a finished grade at the centerline of the pipe that is within three tenths of a foot (0.03') of a straight line between pipe joints and to provide bell excavation at each joint as will permit proper joining of pipe and fittings. In excavations made below grade to remove rock or unstable materials, the backfilling to grade shall be made with available suitable materials unless placement of Granular Foundation or Bedding material is specified or is ordered by the Engineer. Placement of the backfill shall be in relatively uniform layers not exceeding eight inches (8 ") in loose thickness. Each layer of backfill shall be compacted thoroughly, by means of approved mechanical compaction equipment, as will produce uniform pipe support throughout the full pipe length and facilitate proper shaping of the pipe bed. It shall be the Contractor's responsibility to notify the Engineer of changing soil conditions which may be of poor bearing capacity and when organic soils are encountered. Where utilities are placed on unstable soils without notification of the Engineer, the Contractor shall be responsible for all repairs and correction of the installation without further compensation. Care shall be taken during final subgrade shaping to prevent any over - excavation. Should any low spots develop, they shall only be filled with approved material, which shall have optimum moisture content and be compacted thoroughly without additional compensation to the Contractor. The finished subgrade shall be maintained free of water and shall not be disturbed Page 10 during pipe lowering operations except as necessary to remove pipe slings. The discharge of trench dewatering pumps shall be directed to natural drainage channels or storm water drains. Draining trench water into sanitary sewers or combined sewers will not be permitted. The Contractor shall install and operate a dewatering system of wells or points to maintain pipe trenches free of water whenever necessary or as directed by the Engineer. Unless otherwise specified in the Plans, Specifications, and Special Provisions such work shall be considered incidental. All costs of excavating below grade and placing foundation or bedding aggregates as required shall be included in the bid prices for pipe items to the extent that the need for such work is indicated in the Contract provisions and the Proposal does not provide for payment under separate Contract Items. Any excavation below grade and any foundation or bedding aggregates required by order of the Engineer in the absence of Contract requirements will be compensated for separately. If examination by the Engineer reveals that the need for placement of foundation aggregate was caused by the Contractor's manipulation of the soils in the presence of excessive moisture or lack of proper dewatering, the cost of the corrective measures shall be borne by the Contractor. B6 Contaminated Materials and Regulated Wastes If during the course of the Project, the Contractor unexpectedly encounters any of the following conditions indicating the possible presence of contaminated soil, contaminated water, or regulated waste, the Contractor shall immediately stop work in the vicinity, and notify the Engineer. At the direction of the Engineer, a documented inspection and evaluation will be conducted prior to the resumption of work. The Contractor shall not resume work in the suspected area without authorization by the Engineer. Indicators of contaminated soil, groundwater or surface water include, but are not limited to the following: (1) Odor including gasoline, diesel, creosote (odor of railroad ties), mothballs, or other chemical odor. (2) Soil stained green or black (but not because of organic content), or with a dark, oily appearance, or any unusual soil color or texture. (3) A rainbow color (sheen) on surface water or soil. Indicators of regulated wastes include, but are not limited to the following: (1) Cans, bottles, glass, scrap metal, wood (indicators of solid waste and a potential dump site). (2) Concrete and asphalt rubble (indicators of demolition waste). (3) Roofing materials, shingles, siding, vermiculite, floor tiles, transite or any fibrous material (indicators of demolition waste that could contain asbestos, lead or other chemicals). (4) Culverts or other pipes with tar -like coating, insulation or transite (indicators of asbestos). Page 11 (5) Ash (ash from burning of regulated materials may contain lead, asbestos or other chemicals). (6) Sandblast residue (could contain lead). (7) Treated wood including, but not limited to products referred to as green treat, brown treat and creosote (treated wood disposal is regulated). (8) Chemical containers such as storage tanks, drums, filters and other containers (possible sources of chemical contaminants). (9) Old basements with intact floor tiles or insulation (could contain asbestos), sumps (could contain chemical waste), waste traps (could contain oily wastes) and cesspools (could contain chemical or oily wastes). Discovery of contaminated soil, contaminated water, or regulated waste on State right of way, State property, and State funded projects shall be handled in accordance with guidance procedures of the MNDOT Office of Environmental Services (OES) and the MPCA requirements for materials handling, disposal, re -use and remediation. Discovery of contaminated soil, contaminated water, or regulated waste on projects or properties that are not under the ownership or financed by the State shall be handled in accordance with guidance procedures of the MPCA requirements for materials handling, disposal, re -use and remediation. C Trenchless Pipe Installation The Contractor shall inspect and verify soil conditions as necessary in order to determine the type of construction to employ. Natural and /or manmade obstructions may be encountered in the soil. These contract documents do not warrant the nature or condition of the soils, and do not warrant that natural or manmade obstructions will not be encountered, nor guarantee the extent to which rocks, boulders, or other obstructions, regardless of size, may be encountered during boring operations. The Contractor shall not be entitled to additional compensation for any natural or manmade obstructions encountered during trenchless construction. The Contractor shall be responsible for protecting all existing utilities within the construction limits. C1 Jacking /Boring The terms "auger ", "boring ", "jack ", "jacking ", and "tunneling" in the proposal, specifications, and plans refers only to trenchless construction. The minimum diameter of the casing pipe shall be four inches (4 ") greater than the outside diameter of the bell of the carrier pipe. The Contractor shall prevent excavated materials from flowing back into the excavation during the trenchless construction. This shall include the use of a shield conforming to the size and shape of the casing that will prevent materials from flowing into the leading edge of the casing. The machine used shall be capable of controlling line and grade and shall conform to the size and shape of the casing pipe. No jacking /augering of pipe will be allowed below the water table unless the water table has been lowered sufficiently to keep the water below the pipe being installed. The use of water Page 12 under pressure (jetting) or puddling will not be permitted to facilitate jacking /augering operations. If any installation is augered, the head shall be approved by the Engineer and the auger shall be located six inches (6 ") behind the lead edge of the casing or carrier pipe. The jacking system shall be provided with an integral grout pipe and casing pipe. A one inch (1 ") grout pipe shall be tack welded to the front edge of the first length of casing pipe. The grout pipe shall be extended with the casing pipe, but not fastened to the casing pipe during the remaining jacking operations. After the pipes are through to the receiving pit, the grout pipe shall be cut free from the casing pipe. The grout pipe shall be pulled back through the embankment applying positive piston pressure on the grout along the outside of the casing pipe throughout the pulling operation. A cement slurry grout mix with as little water as possible shall be used. Bentonite shall not be used to fill voids. The Engineer shall approve grout and backfill material prior to placement of any material. Deviation from the pipe grade, as provided by the Engineer, in excess of five tenths of a percent (0.05 %) may be cause for removal and relaying of the pipe by the Contractor with no additional compensation allowed therefore. If a void develops, the jacking or boring operation shall be stopped immediately and the void shall be filled by an approved method. The Contractor shall take the following precautions when boring: Extend casing through entire distance bored. Check grade and alignment after each casing section is installed. Coordinate operations to provide continuous support to surrounding earth materials Excavation shall be carried on in such a manner as to provide adequate support to surface structures and roads above and adjacent to the boring and not create any hazards to overhead traffic and other activities. These contract documents do not guarantee the extent to which rocks, boulders, or other obstructions, regardless of size, may be encountered during boring operations. No extra compensation will be made for removal of rocks, boulders or other natural or manmade obstructions encountered during trenchless construction or excavation. All voids caused by boring shall be filled by pressure grouting. The grout material shall consist of sand cement slurry of at least two (2) sacks of cement per cubic yard and a minimum of water to assure satisfactory placement. All slurry shall be pre- approved by the Engineer prior to use by the Contractor. The Contractor shall take the following precautions when jacking; The jacking machine shall be capable of controlling line and grade. Progressively push carrier pipe through completed casing. Page 13 Strap two (2) wooden saddle blocks to each pipe length to provide support at regular intervals. Center carrier pipe in casing at all times. Partially fill annular space between casing and carrier pipe with dry blown sand. Space shall be considered filled when dry sand blows out of opposite end of casing pipe. Seal each end of the casing with a concrete bulkhead after the sand has been deposited. The location, size, and configuration of all jacking pits shall be subject to approval of the Engineer. C2 Directional Boring Direction boring /drilling installation shall be accomplished where required on the Plans or in the Special Provisions to minimize disturbance of existing surface improvements. The installer shall have a minimum of five (5) years of experience in this method of construction and have successfully installed at least ten thousand feet (10,000') of eight inch (8 ") or larger diameter pipe to specified grades. The field supervisor employed by the Contractor shall have at least five (5) years of experience and shall be at the site at all times during the boring /drilling installation. The Contractor shall submit boring /drilling pit locations to the Engineer before beginning construction. Boring pits may be located within roadway right -of -way and easements. Any other boring pit locations that may be desired by the Contractor for boring or other uses shall be the responsibility of the Contractor to attain authorization, including use of private property. Unless otherwise provided in the Special Provisions, the Contractor shall be compensated for the restoration work only within the areas at the connection points, or other locations as may be approved by the Engineer. The Contractor shall be responsible for repairs, without compensation, for any other repair areas, including pit/boring points and areas above the drilled pipe where drilling fluid pressure may have caused heaving or damage to pavement and other surfaces. The drilling equipment shall be capable of placing the pipe as shown on the plans. The installation shall be by a steerable drilling tool capable of installing continuous runs of pipe between appurtenances such as valves, manholes, etc., without intermediate pits. The guidance system shall be capable of installing pipe within one and one half inch (1 Y2 ") of the plan vertical dimensions and two inches (2 ") of the plan horizontal dimensions. The Contractor shall remove and reinstall pipes which vary in depth and alignment from these tolerances. Pull back forces shall not exceed the allowable pulling forces for the pipe being installed. Drilling fluid shall be a mixture of water and bentonite clay, and shall be suitable for existing soil conditions. Disposal of excess fluid and spoils shall be the responsibility of the Contractor. D Placement of Insulation Rigid insulation board shall be placed within the pipe encasement zone, six inches (6 ") above the pipe. Page 14 Insulation boards shall be placed with the long dimension parallel to the centerline of the pipe. Boards shall be placed in a single layer with tight joints. No continuous joints or seams shall be placed directly over the pipe. If two (2) or more layers of insulation boards are used, each layer shall be placed to cover the joints of the layer immediately below. The Contractor shall exercise caution to ensure that all joints between boards are tight during placement and backfilling with only extruded ends placed end to end or edge to edge. Backfill material shall be placed in such a manner that construction equipment does not operate directly on the insulation, and compacted with equipment which exerts a contact pressure of less than eighty (80) psi. E Pipeline Backfilling Operations All pipeline excavations shall be backfilled to restore preexisting conditions as the minimum requirement, and fulfill all supplementary requirements indicated in the Plans, Specifications, and Special Provisions. The backfilling operations shall be started as soon as conditions will permit on each section of pipeline, so as to provide continuity in subsequent operations and restore normal public service as soon as practicable. All operations shall be pursued diligently, with proper and adequate equipment, to assure acceptable results. The backfilling shall be accomplished with the use of Suitable Materials selected from the excavated materials to the extent available and practical. Should the materials available within the trench section be unsuitable or insufficient, the required additional materials shall be furnished from outside sources as provided in the Special Provisions, or as arranged otherwise through supplemental agreement. Backfill material selection shall be such as to make the best and fullest utilization of what is available, taking into consideration particular needs of different backfill zones. Material containing stone, rock, or chunks of any sort shall only be utilized where and to the extent there will be no detrimental effects. Placement of backfill material containing stones, boulders, chunks, greater than eight inches (8 ") in any dimension shall not be allowed. All flexible pipe shall be bedded in accordance with ASTM Specification D2321, "Recommended Practice for Underground Installation of Flexible Thermoplastic Sewer Pipe ". Where existing soils do not meet the requirements of bedding and encasement materials, the Contractor shall furnish the required granular materials. Placement and compaction of bedding and encasement materials around the pipe shall be considered incidental to the installation of the pipe. Compaction of materials placed within the pipe bedding and encasement zones shall be accomplished with portable or hand equipment methods, so as to achieve thorough consolidation under and around the pipe and avoid damage to the pipe. Above the cover zone material, the use of heavy roller type compaction equipment shall be limited to safe pipe loading. Backfill materials shall be carefully placed in uniform loose thickness layers up to twelve inches (12 ") thick spread over the full width and length of the trench section to provide simultaneous support on both sides of the pipeline. Granular backfill may be placed in layers up to twelve inches (12 ") above an elevation one foot (1') above the top of the pipe. Page 15 Each layer of backfill material shall be compacted effectively, by approved mechanical or hand methods, until there is no further visual evidence of increased consolidation or the density of the compacted layer conforms to the density requirements specified in the Special Provisions. Compaction of each layer shall be completed acceptably before placing material for a succeeding layer thereon. The manner of placement, compaction equipment, or procedure effectiveness shall be subject to approval of the Engineer. All surplus or waste materials remaining after completion of the backfilling operations shall be disposed of in an acceptable manner within twenty four (24) hours after completing the backfill work on each particular pipeline section. Disposal at locations within the project limits shall be as specified, or as approved by the Engineer; otherwise, disposal shall be accomplished outside the project limits at the Contractor's discretion. The backfilling and surplus or waste disposal operations shall be a part of the work required under the pipeline installation items, without until final cleanup. Compaction of backfill within Roadbed areas shall meet the density requirements of MnDOT Specification 2105.3 F1. Compaction of backfill in all other areas shall be as required in the Special Provisions. Until expiration of the guarantee period, the Contractor shall assume full responsibility and expense for all backfill settlement and shall refill and restore the work as directed to maintain an acceptable surface condition, regardless of location. All additional materials required shall be furnished without cost to the Owner. Any settlement of road surfaces placed under this Contract and that are within the guarantee period that are in excess of one inch (1 "), as measured by a ten foot (10') straight edge -shall be considered failure of the mechanical compaction. The Contractor shall be required to repair such settlement without cost to the Owner. F Restoration of Surface Improvements Wherever any surface improvements such as pavement, curbing, pedestrian walks, fencing, or turf have been removed, damaged or otherwise disturbed by the Contractor's operations, they shall be repaired or replaced to the Engineer's satisfaction, as will restore the improvement in kind and structure to the preexisting condition. Each item of restoration work shall be done as soon as practicable after completion of installation and backfilling operations on each section of pipeline. In the absence of specific payment provisions, as separate Contract Items, the restoration work shall be compensated for as part of the work required under those Contract Items which necessitated the destruction and replacement or repair, and there will be no separate payment. If separate pay items are provided for restoration work, only that portion of the repair or reconstruction which was necessitated by the Contract work will be measured for payment. Any improvements removed or damaged unnecessarily or undermined shall be replaced or repaired at the Contractor's expense. G Maintenance and Final Cleanup All subgrade surfaces shall be maintained acceptably until the start of surfacing construction or restoration work, and until the work has been finally accepted. Additional materials shall be Page 16 provided and placed as needed to compensate for trench settlement and to serve as temporary construction pending completion of the final surface improvements. Final disposal of debris, waste materials, and other remains or consequences of construction, shall be accomplished intermittently as new construction items are completed and shall not be left to await final completion of all work. Cleanup operations shall be considered an incidental part of the work covered under the Contract Items. If disposal operations and other cleanup work are not conducted properly as the construction progresses, the Engineer may withhold partial payments until such work is satisfactorily performed or the Engineer may deduct the estimated cost of its performance from the partial estimate value. 2600.4 METHOD OF MEASUREMENT All items will be measured separately according to design designation as indicated in the Pay Item name and as may be detailed and defined in the Plans, Specifications, or Special Provisions. Complete -in -Place items shall include all component parts thereof as described or required to complete the unit, but excluding any excesses covered by separate Pay Items. A Rock Excavation Rock Excavation shall be measured by volume in cubic yards. Depth shall be measured from the top of the rock to a point six inches below the outside barrel of the pipe and width shall be the inside diameter of the pipe plus twenty four inches (24 ") (12" from each side). The minimum width of measurement shall be four feet (4'). B Granular Materials Granular materials furnished and placed as special foundation, bedding, encasement, or backfill construction will be measured by weight or volume of material furnished by the Contractor from outside sources and placed within the limits defined. Unless otherwise specified, volume will be determined by vehicular measure (loose volume) at the point of delivery. Measurements will not include any materials required to be placed as a component part of other Contract Items as may be specified. C Geotextile Fabric Where geotextile fabric is used for improving pipe foundation, it shall be measured by the square yard of material installed. D Insulation Rigid board insulation shall be measured on a square yard basis installed to the specified thickness noted on the Plans, Specifications, and Special Provisions and shall include all materials, equipment, and labor required for placement. 2600.5 BASIS OF PAYMENT All costs of excavating to foundation grade, preparing the foundation, placing and compacting backfill materials, restoring surface improvements, and other work necessary for prosecution Page 17 and completion of the work as specified, shall be included for payment as part of the pipe and pipe appurtenance items without any direct compensation being made. In the absence of special payment provisions, all costs of restoring surface improvements as required, disposal of surplus or waste materials, maintenance and repair of completed work, and final cleanup operations shall be incidental to the Contract Items under which the costs are incurred. Granular materials furnished for foundation, bedding, cover, or backfill placement as specified in connection with pipe or structure items will only be paid for as separate Contract Items to the extent that the Proposal contains specific Pay Items. Otherwise the furnishing and placing of granular materials as specified shall be incidental to the pipe or structure item without any direct compensation being made. Materials utilized for filling annular spaces due to jacking /boring and drilling fluids for directional boring shall be incidental to the installation of the casing and pipe installed. Contaminated Materials and Regulated Wastes not anticipated in the plans, specifications and special provisions and unexpectedly discovered during construction shall be compensated for as negotiated by supplemental agreement. Contaminated Materials and Regulated Wastes specifically identified for payment in the plans, specifications, and special provisions, will be paid for under separate Contract Items provided in the Proposal. Page 18 SECTION 2611 — STANDARD SPECIFICATIONS FOR WATERMAIN AND SERVICE LINE INSTALLATION 2611.1 DESCRIPTION This work shall consist of the construction of watermain and building service pipelines utilizing plant fabricated pipe and other appurtenant materials, installed for conveyance of potable water.. The work includes the relocation or adjustment of existing facilities as may be specified in the Plans, Specifications and Special Provisions. The use of the term "Plans, Specifications, and Special Provisions" within this specification shall be construed to mean those documents which compliment, modify, or clarify these specifications and are an enforceable component of the Contract Documents. All references to MnDOT Specifications shall mean the latest published edition of the Minnesota Department of Transportation "Standard Specifications for Construction ", and all supplements and amendments thereto, published prior to the date of advertisement for bids. All reference to other Specifications of AASHTO, ASTM, ANSI, AWWA, etc. shall mean the latest published edition available on the date of advertisement for bids. The following American Water Works Association (AWWA) Specifications have been referenced in this Specification: C104 American National Standard for Cement - Mortar Lining for Ductile -Iron Pipe and Fittings for Water C105 American National Standard for Polyethylene Encasement for Ductile -Iron Pipe Systems C110 American National Standard for Ductile -Iron and Gray -Iron Fittings, 3 In. Through 48 In. (75 mm Through 1200 mm), for Water and Other Liquids C111 American National Standard for Rubber - Gasket Joints for Ductile -Iron Pressure Pipe and Fittings C115 American National Standard for Flanged Ductile -Iron Pipe With Ductile -Iron or Gray -Iron Threaded Flanges C116 AWWA Standard for Protective Fusion - Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings C150 American National Standard for Thickness Design of Ductile -Iron Pipe C151 American National Standard for Ductile -Iron Pipe, Centrifugally Case, for Water or Other Liquids C153 American National Standard for Ductile -Iron Compact Fittings, 3 In. Through 24 In. (76 mm Through 610 mm) and 54 In. Through 64 In. (1,400 mm Through 1,600 mm), for Water Service C301 AWWA Standard for Prestressed Concrete Pressure Pipe, Steel- Cylinder Type, for Water and Other Liquids C304 AWWA Standard for Design of Prestressed Concrete Cylinder Pipe 26 C500 AWWA Standard for Metal- Seated Gate Valves for Water Supply Service (Includes addendum C500a -95.) C502 AMA Standard for Dry- Barrel Fire Hydrants (Includes addendum C502a -95.) C504 AWWA Standard for Rubber - Seated Butterfly Valves C509 AWWA Standard for Resilient- Seated Gate Valves for Water Supply Service (Includes addendum C509a -95.) Page 19 C515 AWWA Standard for Reduced -Wall, Resilient- Seated Gate Valves for Water Supply Service C550 AWWA Standard for Protective Interior Coatings for Valves and Hydrants C600 AWWA Standard for Installation of Ductile -Iron Water Mains and Their Appurtenances C605 AWWA Standard for Underground Installation of Polyvinyl Chloride (PVC and PVCO) Pressure Pipe and Fittings for Water C651 AWWA Standard for Disinfecting Water Mains C800 AMA Standard for Underground Service Line Valves and Fittings C900 AWWA Standard for Polyvinyl Chloride (PVC) Pressure Pipe, 4 In. Through 12 In., for Water Transmission and Distribution (Includes addendum C900a -92.) C901 AWWA Standard for Polyethylene (PE) Pressure Pipe and Tubing, 1/2 In. Through 3 In., for Water Service C904 AWWA Standard for Cross - Linked Polyethylene (PEX) Pressure Pipes, 'h In. (12 mm) Through 3 In. (76 mm) for Water Service C905 AWWA Standard for Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 In. Through 48 In., (350mm Through 1,200mm), for Water Transmission and Distribution C906 AWWA Standard for Polyethylene (PE) Pressure Pipe and Fittings, 4 In. Through 63 In., for Water Distribution and Transmission C907 AWWA Standard for Injection - Molded Polyvinyl Chloride (PVC) Pressure Fittings for Water - 4 In. Through 8 In. (100mm Through 200mm) for Water, Wastewater, and Reclaim Water Service AWWA C908 Standard for PVC Self- Tapping Saddle Tees for Use on PVC Pipe ASTM A48 Standard Specification for Gray Iron Castings ASTM A536 Standard Specification for Ductile Iron Castings ASTM B88 Standard Specification for Seamless Copper Water Tube ASTM C270 Standard Specification for Mortar for Unit Masonry ASTM C478 Standard Specification for Precast Reinforced Concrete Manhole Sections ASTM D543 Standard Practices for Evaluating the Resistance of Plastics to Chemical Reagents ASTM D1248 Standard Specification for Polyethylene Plastics Extrusion Materials for Wire and Cable ASTM D1784 Standard Specification for Rigid Poly(Vinyl Chloride) (PVC) Compounds and Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds ASTM D1785 Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120 ASTM D2241 Standard Specification for Poly(Vinyl Chloride) (PVC) Pressure Rated Pipe (SDR Series) ASTM D2446 Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40 ASTM D2467 Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80 ASTM D3035 Standard Specification for Polyethylene (PE) Plastic Pipe (DR PR) Based on Controlled Outside Diameter ASTM D3261 Standard Specification for Butt Heat Fusion Polyethylene (PE) Plastic Fittings for Polyethylene (PE) Plastic Pipe and Tubing ASTM D3350 Standard Specification for Polyethylene Plastics Pipe and Fittings Materials ASTM F593 Standard Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs ASTM F594 Standard Specification for Stainless Steel Nuts ASTM F714 Standard Specification for Polyethylene (PE) Plastic Pipe (DR PR) Based on Outside Diameter ASTM F876 Standard Specification for Crosslinked Polyethylene (PEX) Tubing Page 20 ASTM F877 Standard Specification for Crosslinked Polyethylene (PEX) Hot and Cold Water Distribution Systems Service installations shall include either Branch Service Lines or Tapped Service Lines in accordance with the standards set forth herein. Tapped Service installations shall include all water service lines less than three inches (3") nominal inside diameter pipe. The component parts of a tap service installation shall include a corporation stop coupling complete with watermain tap and saddle where required; a curb stop coupling complete with service box; and service piping extending from the corporation stop to the curb stop coupling and beyond to the property line or to the limits as established by the Engineer. Branch Service installations shall include all water service lines of three inches (3") nominal inside diameter pipe and larger. The component parts of a branch service installation shall include a tapping sleeve and valve or a tee connection and valve complete with valve box, and piping extending from the watermain connection, to the property line or to the limits as specified by the Engineer. All references to "structure" shall include any man -made object that is not otherwise exempted by special terminology or definition. 2611.2 MATERIALS All materials required for this work shall be new material conforming to requirements of the reference specifications for the class, kind, type, size, grade, and other details indicated in the Contract. Unless otherwise indicated, all required materials shall be furnished by the Contractor. If any options are provided for, as to type, grade, or design of the material, the choice shall be limited as may be stipulated in the Plans, Specifications, or Special Provisions. All manufactured products shall conform in detail to such standard design drawings as may be referenced or furnished in the Plans. Otherwise, the Owner may require advance approval of material suppliers, product design, or other unspecified details as it deems desirable for maintaining adopted standards. At the request of the Engineer, the Contractor shall submit, in writing, a list of materials and suppliers for approval. A Certificate of Compliance shall be furnished stating that the materials furnished have been tested and are in compliance with the specification requirements. A Water Pipe Materials All pipe furnished for watermain and branch line installations shall be of the type, kind, size, and class indicated for each particular line segment as shown in the Plan and designated in the Contract Items. Wherever connection of dissimilar materials or designs is required, the method of joining and any special fittings employed shall be subject to approval of the Engineer. Page 21 Al Ductile Iron Pipe and Ductile Iron and Gray Iron Fittings The pipe furnished shall be Ductile Iron pipe and pipe fittings furnished shall be of the Ductile Iron or Gray Iron type as specified for each particular use of installation. When Gray Iron is specified, either type may be furnished. Gray Iron may not be substituted for Ductile Iron unless specifically authorized in the Special Provisions. Ductile iron pipe shall conform to the requirements of AWWA C115 or C151 for potable water, and thickness design shall conform to AWWA C 150. In addition, the pipe shall comply with the following supplementary provisions: (1) Fittings shall conform to the requirements of AWWA C110 (Gray Iron and Ductile Iron Fittings) or AWWA C153 (Ductile Iron Compact Fittings) for the joint type specified. (2) Unless otherwise specified all pipe and fittings shall be furnished with cement mortar lining meeting the requirements of AWWA C104 for standard thickness lining. All exterior surfaces of the pipe and fittings shall have an asphaltic coating at least one mil thick. Spotty or thin seal coating, or poor coating adhesion, shall be cause for rejection. Fittings specified to be furnished with fusion bonded epoxy external coating and /or interior lining shall conform to the requirements of AWWA C550 and C1 16/A21.16, with 6 -8 mil nominal thickness. (3) Rubber gasket joints for Ductile Iron Pressure Pipe and fittings shall conform to AWWA C111. (4) The nuts and bolts shall be constructed of corrosion resistant, high- strength, low - alloy steel with a ceramic filled, baked on fluorocarbon resin. The nuts and bolts shall be in compliance with ANSI /AWWA C111/A21.11 (Current Revision). (5) Conductivity shall be maintained through pipe and fittings with an external copper jumper wire or specialty gaskets which are capable of meeting conductive requirements. Wedge type connectors will not be allowed. A2 Polyvinyl Chloride (PVC) Pressure Pipe and Fittings Polyvinyl chloride (PVC) pressure pipe shall be manufactured with compounds conforming to ASTM D1784 and shall conform to the requirements of AWWA C -900, C -905, Fusible C -900, and Fusible C905, for the size, grade, and pressure class indicated on the Plans, Specifications, and Special Provisions. Fittings shall be the same pressure class as the pipe and shall conform to AWWA C907 and C908. PVC pressure pipe and fittings shall have a pressure rating of one hundred sixty (160) psi or greater, unless otherwise provided in the special provisions. The grade used shall be resistant to aggressive soils or corrosive substances in accordance with the requirements of ASTM D -543. Unless otherwise specified, the dimensions and tolerances of the pipe barrel should conform to ductile iron or cast iron pipe equivalent outside diameters. Page 22 A3 Polyethylene (PE) Pressure Pipe and Fittings Polyethylene pressure pipe and fittings shall be manufactured with compounds conforming to ASTM D3350 and shall conform to ASTM D3035 and AWWA C-901 (for 0.5" to 3" diameters) and ASTM F714 and AWWA C906 (for 4" to 65" diameters) for the size, grade and pressure class indicated on the plans, specifications and special provisions. Polyethylene pipe and fittings shall be PE 3608 or PE 4710 for potable water transmission and pressure rating of one hundred sixty (160) psi or greater, unless otherwise provided in the special provisions. The pipe and fittings shall be manufactured from the same resin type, grade, and cell classification. Unless otherwise specified, the dimensions and tolerances of the pipe barrel should conform to Ductile Iron pipe equivalent outside diameters for pipe diameters greater than three inches (Y). The method of joining material shall be by the Thermal Butt- Fusion Method in accordance with ASTM 3261. The minimum "quick- burst" strength of the fittings shall not be less than that of the pipe with which the fitting is to be used. B Fire Hydrants Fire hydrants shall be of the type, size, and construction specified in the Plans and shall conform to the applicable requirements of AWWA C -502. Unless otherwise specified in the Plans, Specifications, and Special Provisions, hydrants shall be furnished in conformance with the following supplementary requirements: (1) Hydrants shall have a five inch (5") (nominal diameter) main valve opening of the type that opens against water pressure. (2) Hydrant barrels shall be two (2) piece, non - jacket type, with flanged joint above finished grade line and with mechanical joint connection at the hub end for joining a six inch (6 ") ductile iron branch pipe. (3) Hydrant operating rod shall be equipped with a breakable joint coinciding with the flange joint above the grade line. (4) Hydrant bury length shall be measured from the bottom of the branch pipe connection to the finished ground line at the hydrant. (5) Hydrants shall have two (2) outlet nozzles for two and one half inch (2 -1/2 ") (I.D.) hose connection and one outlet nozzle for four inch (4 ") (1. D.) steamer connection. All outlet nozzle threads shall be National Standard Fire -Hose Coupling Screw Threads (NFPA 1963). (6) Hydrant operating mechanisms shall be provided with "O" ring seals preventing entrance of moisture and shall be lubricated through an opening in the operating nut or bonnet. (7) Hydrants shall be provided with outlets for drainage in the base or barrel, or between the base and barrel, unless the Special Provisions require that drain outlets be omitted or plugged. Page 23 (8) The hydrant operating nut shall be rotated counterclockwise to open. (9) Detailed drawings, catalog information, and maintenance data shall be furnished as requested by the Engineer. (10) Hydrant body bolts shall be corrosion resistant, stainless steel conforming to the requirements of ASTM F593 and F594, alloy group 1, 2, 3, suitable for exterior use above and below ground. Bolts shall conform to manufacturer recommendation for tensile strength and torque. C Valves and Valve Housing C1 Valve Housings Valve housings shall be of ductile or cast iron, High Density Polyethylene or masonry construction as specified in the Plans, Specifications, and Special Provisions for the particular valve size or installation. Masonry manhole or vault type units shall be constructed in accordance with the provisions of MnDOT Specification 2506. Precast Concrete Manholes shall conform to ASTM Specification C -478 suitable for HS 20 traffic loading for all units located in driving areas. Ductile or cast iron valve boxes and all castings for manhole or vault type units shall conform to the requirements of MnDOT Specification 3321. C2 Gate Valves Gate Valves shall conform to all applicable requirements of AWWA C -500 or AMA C -509 or AMA C -515, together with such supplementary requirements as may be covered in the Plans, Specifications, and Special Provisions. Unless otherwise specified gate valves shall comply with the following supplementary requirements: (1) Gate valves meeting the requirements of AWWA C -500 shall be two - faced, double disc type, with parallel seats. Gate valves meeting the requirements of AWWA C -509 and C -515 shall be single disc type with resilient seat bonded or mechanically attached to either the gate or valve body, and the wedge shall be ductile iron fully encapsulated with EPDM rubber, shall be symmetrical and seal equally well with flow in either direction without misalignment. All valves shall be provided with a two -inch square operating nut opening counterclockwise and mechanical joint ends. (2) All gate valves shall be non - rising stem (NRS) type furnished with O -Ring stem seals. (3) All gate valves sixteen inches (16 ") or larger in size shall be arranged for operation in the horizontal position and shall be equipped with bypass valves. (4) All gears on gate valves shall be cut tooth steel gears, housed in heavy ductile or cast iron extended type grease cases of approved design. (5) All gate valves shall have an open indicating arrow, the manufacturer's name, pressure rating and year of manufacture cast on the valve bodies. (6) All internal and external surfaces of the valve body and bonnet shall have an epoxy coating, complying with ANSI /AWWA C550. Page 24 (7) All gate valves shall have stainless steel body bolts unless otherwise specified. C3 Butterfly Valves Butterfly valves shall be manufactured in conformance with all applicable requirements of AWWA C -504 for 150 p.s.i. working pressure minimum, together with such supplementary requirements as may be covered in the Plans, Specifications, and Special Provisions. Unless otherwise specified, the butterfly valves furnished shall comply with the following supplementary requirements. (1) The butterfly valves shall be short body of ductile or cast iron with mechanical joint ends. (2) The butterfly valves shall be rubber seated with ductile or cast disc, non - rising stem type furnished with O -ring stem seals. (3) The butterfly valves shall be equipped with a two -inch square operating nut opening counterclockwise. (4) The butterfly valves shall be designed for direct burial installation. (5) All butterfly valves shall have an open indicating arrow, the manufacturer's name, pressure rating and year of manufacture on the valve bodies. (6) All internal and external surfaces of the valve body and bonnet shall have an epoxy coating, complying with ANSI /AWWA C550. (7) All butterfly valves shall have stainless steel body bolts unless otherwise specified. D Water Service Pipe and Fittings Water service pipe of 3 inches or larger inside diameter shall conform to the requirements as set forth under the provisions of 2611.2. Water service pipe of less than three inches (3") in inside diameter shall conform to the requirements of ASTM B 88 for Seamless Copper Water Tube, Type K, Soft Annealed temper; Polyethylene Pipe as per AWWA C901 and ASTM D3350, or Polyvinyl Chloride Pipe and fittings as per a ASTM D1785, D2241, D2466, D2467 and D2740, or Cross - linked Polyethylene (PEX) pipe as per ASTM F876, ASTM F877, and AWWA C904, NSF /ANSI Standard 61 for potable water distribution, as specified on the Proposal or in the Special Provisions. Water service piping supplied shall include markings indicating the type, pressure class, testing certification, and use for potable water systems. Corporation stops, saddles, curb stops, and curb stop service boxes shall conform to the requirements of AWWA C800 be as detailed in the Plans, Specifications, and Special Provisions or approved designations. Saddles for Polyethylene Pipe shall conform to the requirements of AWWA C800, and shall be thermal fusion polyethylene type; ductile iron with dual stainless steel straps, spring washers, bolts and washers; or stainless steel sleeve type, with stainless steel bolts, nuts, and spring Page 25 washers. Stainless steel bolts, nuts, and washers. Spring washers shall be manufactured from type 304 stainless steel, special "spring grade ". Saddles shall include threaded outlet tapping sleeves and Nitrile Butadiene Rubber (NBR) gaskets. All fittings for copper tubing shall be cast brass, having uniformity in wall thickness and strength, and shall be free of defects affecting serviceability. All copper pipe fittings shall be flared or compression type. All threads for underground service line fittings shall conform to the requirements of AWWA C -800. Each fitting shall be permanently and plainly marked with the name or trademark of the manufacturer. Fittings for thermoplastic pipe types shall be of the same material and pressure class as the piping, Curb stop service boxes shall be gray iron conforming to the requirements of ASTM A 48 for Class 20 or higher tensile strength and shall have at least twelve inches (12 ") of vertical adjustment for the cover depth specified in the Plans, Specifications, and Special Provisions. E Polyethylene Encasement Material Polyethylene encasement material shall conform to the requirements of AWWA C -105 for tube type installation and 8 mil nominal film thickness. F Mechanical Joint Restraints Mechanical joint restraints shall be ductile iron conforming to the requirements of ASTM A536 and AWWA C -600. Joint restraints shall be American, US Pipe, Star Pipe Products, or EBBA Iron Mega -Lug type, and be designed to withstand the design pressures indicated in the Plans, Specifications, and Special Provisions. Mechanical joint restraints shall be fusion bonded epoxy coated meeting the requirements of AWWA C -116. All nuts, bolts, and tie rod type restraints shall be stainless steel, corrosion - resistant coating, or coated with an owner approved rustproofing material. G Mortar Mortar for use in masonry construction shall meet the requirements of MNDOT 2506.26 and ASTM C270. H Concrete Concrete used for cast -in -place masonry construction shall be produced and furnished in accordance with the provisions of MnDOT Specification 2461 for the mix design indicated in the Plans, Specifications, or Special Provisions. The requirements for Grade B concrete shall be met where a higher grade is not specified. Type 3, air - entrained, concrete shall be furnished and used in all structures having weather exposure. Tracer Wire for Non - Conductive Pipe Tracer wire for use with all thermoplastic pipe types shall be Underwriters Laboratories (UL) listed for use in direct burial applications. Tracer wire shall be a minimum 12 AWG copper clad steel rated to 30 volts, High Molecular Weight Polyethylene (HMWPE) meeting ASTM D -1248, with designation identified on the outside of the wire casing. Page 26 2611.3 CONSTRUCTION REQUIREMENTS A Installation of Pipe and Fittings Installation of ductile iron watermains and their appurtenances shall conform to the requirements of AWWA C -600, the Plans, Specifications and Special Provisions. Installation of Polyvinyl Chloride (PVC) pipe and their appurtenances shall conform to the requirements of AMA C605, and the bedding and backfill conditions specified by the Manufacturer, Plans, Specifications, and Special Provisions. Installation of Polyethylene Pipe and their appurtenances shall conform to the requirements of AMA M55 and to the bedding and backfill conditions specified by the Manufacturer, Plans, Specifications, and Special Provisions. No existing valves or hydrants shall be operated by individuals other than personnel from the City Public Works Department. Only under emergency conditions or after specific authorization is given by the City Public Works Department shall the Contractor operate valves or hydrants. Installation of pipe and fittings shall also conform to the following general guidelines: Al Inspection and Handling Proper and adequate implements, tools, and facilities satisfactory to the Engineer shall be provided and used by the Contractor for the safe and convenient prosecution of the work. During the process of unloading delivered materials, all pipe and accessories shall be inspected by the Contractor for damage. The Contractor shall notify the Engineer of all material found to have cracks, flaws or other defects. The Engineer shall inspect the damaged material and have the right to reject any materials found to be unsatisfactory. The Contractor shall promptly remove all rejected material from the site. All materials shall be handled carefully, as will prevent damage to protective coatings, linings, and joint fittings; preclude contamination of interior areas; and avoid jolting contact, dropping, or dumping. During pipe laying operations each pipe section and shall be inspected by the Contractor. The Contractor shall inform the Engineer of any defects discovered and the Engineer will prescribe the required corrective actions or order rejection. Immediately before placement, the joint surfaces of each pipe section and fitting shall be inspected for the presence of foreign matter, coating blisters, rough edges or projections, and any imperfections so detected shall be corrected by cleaning, trimming, or repair. A2 Pipe Laying Operations Trench excavation and bedding preparations shall proceed ahead of pipe placement as will permit proper placement and joining of the pipe and fittings at the prescribed grade and alignment without unnecessary hindrance. All foreign matter or dirt shall be removed from the inside of the pipe and fittings before they are lowered into position in the trench, and they shall Page 27 be kept clean. The watermain materials shall be carefully lowered into laying position by the use of suitable restraining devices. Under no circumstances shall the pipe be dropped or dumped into the trench. As each length of bell and spigot pipe is placed in laying position, the spigot end shall be centered in the bell and the pipe forced home and brought to correct line and grade. The pipe shall be secured in place with approved encasement and backfill materials. When pipe laying is not in progress, all open ends of the pipe line shall be closed by watertight plugs or other means approved by the Engineer. If water is present in the trench, the plugs shall remain in -place until the trench is pumped completely dry. When connecting to existing stubs, the Contractor shall prevent dirt or debris from entering the existing pipe. A3 Aligning and Fitting of Pipe The cutting of pipe for inserting valves, fittings, or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe and so as to leave a smooth square -cut end. Pipe shall be cut with approved mechanical tools. Flame cutting will not be allowed under any conditions. All rough edges shall be removed from the cut ends of pipe and, where rubber gasket joints are used, the outer edge shall be rounded or beveled by grinding or filing to produce a smooth fit. When necessary to deflect pipe from a straight line either in the vertical or horizontal plane, —to avoid obstructions, plumb stems, or produce a long radius curve when permitted, the amount of deflection allowed at each joint shall not exceed the - limits to maintain a satisfactory joint seal in conformance with AWWA C -600 for ductile iron pipe mechanical and push -on joints, AWWA C- 605 for PVC pipe and AWWA M55 for PE pipe. The maximum angular deflection at any joint for other pipe materials and joints shall not exceed the manufacturer's recommendations. If the specified alignment requires angular deflections greater than recommended or allowed, the Contractor shall provide appropriate bends or shorter pipes such that the maximum angular deflection is not exceeded A4 Blocking and Anchoring of Pipe All plugs, caps, tees, bends, and other thrust points shall be provided with reaction backing, or movement shall be prevented by attachment of suitable restraining devices or tie rods, in accordance with the requirements of the Plans, Specifications, and Special Provisions. In the absence of other specified requirements for reaction backing or restraining devices, the following provisions shall apply: (1) All horizontal bends exceeding twenty (20) degrees deflection, and all caps, plugs, and branch tees shall be provided with concrete buttress blocking. (2) All vertical bends exceeding twenty (20) degrees deflection shall be provided with concrete buttress blocking at the low points and with metal tie rod or strapping restraints at the high points. (3) Offset bends made with standard offset fittings need not be strapped or buttressed. Page 28 (4) Hardwood blocking shall not be used Concrete buttresses shall be poured against firm, undisturbed ground and shall be formed in such a way that the joints will be kept free of concrete and remain accessible for repairs. The concrete mix used in buttress construction shall meet the requirements for Grade B concrete in conformance with MnDOT Specification Section 2461. Buttress dimensions shall be a minimum of twelve inches (12 ") in thickness, and the minimum area, in square feet shall be as follows. PIPE TEE OR 1/32 BEND SIZE PLUG 1/4 BEND 1/8 BEND 1/16 BEND 6" 2.9 3.1 1.6 0.8 8" 3.7 5.3 2.9 1.4 1011 5.7 8.1 4.4 2.2 12" 8.1 13.4 6.6 3.2 16" 15.1 21.4 11.6 5.9 20" 23.2 30.2 18.1 9.3 24" 33.6 48.5 26.1 13.3 Contractors are instructed to size concrete buttress blocking on fittings and dead ends where the blocking must withstand the pressure of larger main line fittings equipped with reducers, for the larger sized main line thrust and not for smaller fitting size only. This is of particular importance on tees and crosses where the main size is reduced on the run from large to small size by use of reducers. All metal parts of tie rod or strap type restraints shall be galvanized or coated with other approved asphaltic type rustproofing. All necessary fittings, bands, tie rods, nuts, and washers, and all labor and excavation required for installation of reaction restraints shall be incidental to the installation of the pipe, unless a specific payment item is provided in the bid proposal. A5 Polyethylene Encasement of Pipeline Wherever so required by the Plans, Specifications, or Special Provisions the pipeline, including valves, fittings, and appurtenances, shall be fully encased in polyethylene film meeting the requirements of these Specifications. The film shall be furnished in tube form for installation on pipe and all pipe- shaped appurtenances such as bends, reducers, off- sets, etc. Sheet film shall be provided and used for encasing all odd - shaped appurtenances such as valves, tees, crosses, etc. The polyethylene tubing shall be installed on the pipe prior to being lowered into the trench. Tubing length shall be sufficient to provide a minimum overlap at all joints of one foot or more. Overlap may be accomplished with a separate sleeve tube placed over one end of the pipe prior to connecting another section of pipe, or by bunching extra overlap material at the pipe ends in accordion fashion. After completing the pipe jointing and positioning the overlap material, the overlap shall be secured in place with plastic adhesive tape wrapped circumferentially around the pipe not less than three (3) turns. After encasement, the circumferential slack in the tubing film shall be folded over at the top of the pipe to provide a snug fit along the barrel of the pipe. The fold shall be held in place with Page 29 plastic adhesive tape applied at intervals of approximately three feet (3) along the pipe length. Also, any rips, punctures, or other damage to the tubing shall be repaired as they are detected. These repairs shall be made with adhesive tape and overlapping patches cut from sheet or tubing material. At odd - shaped appurtenances such as gate valves, the tubing shall overlap the joint and be secured with tape, after which the appurtenant piece shall be wrapped with a flat film sheet or split length of tubing by passing the sheet under the appurtenance and bringing it up around the body. Seams shall be made by bringing the edges together, folding over twice, and taping down. Wherever encasement is terminated, it shall extend for at least two feet (2') beyond the joint area. Openings in the tubing for branches, service taps, air valves and similar appurtenances shall be made by cutting an X- shaped slit and temporarily folding back the film. After installing the appurtenance, the cut tabs shall be secured with tape and the encasement shall be completed as necessary for an odd - shaped appurtenance. Unless otherwise specified in the Plans, Specifications, and Special Provisions, hydrants encased in polyethylene tubing shall have plugged drain outlets. B Connection and Assembly of Joints Where rubber gasket joints are specified, care shall be taken during the laying and setting of piping materials to insure that the units being joined have the same nominal dimension of the spigot outside diameter and the socket inside diameter. A special adaptor shall be provided to make the connection when variations in nominal dimension might cause unsatisfactory joint sealing. Immediately before making the connection, the inside of the bell or socket and the outer surface of the spigot ends shall be thoroughly cleaned to remove oil, grit, excess coating, and other foreign matter. Insertion of spigot ends into the socket or bell ends shall be accomplished in a manner that will assure proper centering and insertion to full depth. The joint seal and securing requirements shall be as prescribed below for the applicable pipe and joint type. B1 Ductile Iron Pressure Pipe and Fitting Joints B I a Push -On Joints The circular rubber gasket shall be kept in a warm, flexible condition at all times, and for purposes of placement shall be flexed inward and inserted in the gasket recess of the bell socket. A thin film of approved gasket lubricant shall be applied to either the inside surface of the gasket or the outside surface of the spigot end, or to both. Care shall be taken while inserting the spigot end to prevent introduction of contaminants. The joint shall be completed by forcing the spigot end to the bottom of the socket by the use of suitable pry-bar or jack type equipment. Spigot ends which do not have depth marks shall be marked before assembly to insure full insertion. The use of the bucket on the excavation equipment to force the pipe into the socket shall not be permitted. Page 30 B1b Mechanical Joints The last eight inches (8 ") of the outside spigot surface and the inside bell surface of each pipe and appurtenance joint shall be painted with a thin film of approved gasket lubricant after being thoroughly cleaned. The gland shall then be slipped on the spigot end with the lip extension toward the socket or bell end. The rubber gasket shall be kept in a warm, flexible condition at all times, and for purposes of placement shall be painted with a thin film of approved gasket lubricant and be placed on the spigot end with the thick edge toward the gland After the spigot end is inserted into the socket to full depth and centered, the gasket shall be pressed into place within the bell evenly around the entire joint. After the gland is positioned behind the gasket, all bolts shall be installed and the nuts tightened alternately to the specified torque, such as to produce equal pressure on all parts of the gland. Unless otherwise specified, the bolts shall be tightened by means of a suitable torque - limiting wrench to within a foot -pound range of: 45 to 60 for 5/8 inch bolts; 75 to 90 for 3/4 inch bolts; 85 to 100 for 1 inch bolts; and 105 to 120 for 1 -1/4 inch bolts. After tightening, all exposed parts of the bolts and nuts shall be completely coated with an approved asphaltic type rust preventive material. B 1 c Flanged Joints Flanged joints shall be installed only in above grade or exposed locations and shall conform to the requirements of AWWA C115 Specifications, the Plans, Specifications and Special Provisions. Flanged joints shall have full face gaskets. B2 Polyvinyl Chloride Pipe Joints B2a Push -On Joints The circular rubber gasket shall be bonded to the inner wall of the gasket recess of the bell socket. Installation of pipe spigot into the bell socket shall conform to the requirements for Ductile Iron Push -On Joints as set forth under the provisions of 2611.361 a. B3 Polyethylene Pipe Joints Polyethylene pipe joints shall conform to the requirements of AWWA C -906, and shall be made by the Thermal Butt - Fusion Method, Mechanical Flange Adaptor Method, Mechanical Joint Adaptor Method and Mechanical Transition Fittings. Mechanical joints shall include stainless steel pipe stiffeners. Compression fittings are not allowed for pipe diameters greater than two inches (2 ") in diameter. B4 Tracer Wire for Non - conductive Pipe Tracer wire shall be installed along the length of all non - conductive mainline pipes, laterals, and services with vertical riser to the surface, at gate valve boxes, hydrants, curb boxes, and /or utility location boxes as required by the Special Provisions. Tracer wire shall be taped, clamped or affixed to the pipe in another manner as approved by the Engineer. Page 31 Splicing tracer wire shall be by mechanical split bolt type or a crimp type compression fitting fully encased in approved electrical insulation putty. A twelve inch (12 ") tracer wire loop shall be provided on each side of a spliced connection. C Water Service Installations Water service facilities consisting of Tap Service Lines and Branch Service Lines, complete with all required appurtenances, shall be installed as required by in the Plans, Specifications, and Special Provisions, in accordance with all pertinent requirements for main line installations together with the provisions hereof. It shall be the responsibility of the Contractor to keep an accurate record of the location, depth and size of each service connection and other pertinent data such as the location of curb stops and pipe endings. Tap locations shall be recorded in reference to survey line stationing. Curb stops shall be tied to definable land marks such as building corners, lot corner markers, hydrants, gate valves, etc. Pipe terminals at the property line shall be marked to the ground surface with a suitable wood timber four by four inch (4 "x4 "), eight feet (8') long set vertically into the ground with the top two feet (2') painted blue. Approved record keeping forms will be furnished by the Engineer and the completed records shall be submitted by the Contractor upon completion of the work. Water service lines shall normally be installed by trenching and be subject to the same requirements as prescribed for the main pipeline installation, except for those which may not be pertinent or applicable. Where water service lines are installed alongside of sanitary service lines, installation shall be such as to maintain the minimum specified clearances between pipelines and provide proper and adequate bearing for all pipes and appurtenances. Water service lines shall be installed to provide a minimum of six inches (6 ") of clearance shall be maintained in crossing over or under other structures. Where the service pipe may be exposed to freezing due to insufficient cover or exposure from other underground structures, the water pipe shall be insulated as directed by the Engineer. C1 Tee Branch Service Lines Tee branch service piping shall be of the type, size, and wall thickness specified. The pipe and appurtenances shall have rubber gasketed push -on or mechanical joints. Tee branch service lines shall be provided as required by the Plans. Installation of tee branch service facilities shall be in accordance with all applicable requirements of these specifications as pertain to the mainline installations. C2 Tapped Service Lines Service piping shall be of the size and type specified. Unless otherwise specified, minimum pipe size for tap service installations shall be one inch (1 ") nominal inside diameter. Larger size pipe may be specified for commercial and industrial uses or for some domestic service as specifically identified. Installation of service facilities shall be in accordance with all applicable requirements of these specifications as pertain to the mainline installations, subject to the exceptions and supplementary provisions set forth hereinafter. Page 32 Installation of tapped service lines shall be performed while the mainline watermain is at system operating pressure. Dry tapping watermain pipe will not be allowed. Unless otherwise indicated, service piping may be laid directly on any solid foundation soil that is free of stones and hard lumps. However, when specified or ordered, aggregate materials shall be furnished and placed as necessary to secure proper foundation drainage, pipe covering, or backfill support. Tapped service piping of three quarters inch (3/4 ") to and including one and one quarter inches (1 % ") in diameter shall be installed in one piece without intermediate joint couplings between the corporation stop and the curb stop. Service pipe of one and one half inches (1 -1/2 ") in diameter and larger shall be furnished in standard roll lengths to eliminate any intermediate joints. When full roll lengths are less than the service length the rolls may be joined with approved couplings. Unless otherwise specified, connection of tapped service lines to the watermain shall be made at an angle of not more than twenty two (22) degrees from the horizontal. A double wrap of Teflon tape shall be placed on the corporation stop threads prior to installation in the main. Unless otherwise indicated, tap service lines shall be installed on a straight line at right angles to the watermain or property line as directed by the Engineer. In the absence of specific requirements, the service line shall be terminated at the property line, where it shall be connected to an existing line or, in the case of undeveloped property, it shall be capped, plugged, or peened as approved by the Engineer. The flaring of new copper tubing ends shall be accomplished only with the use of the proper size and type of tools as designed for the purpose. Tubing shall be cut squarely and all edge roughness shall be removed prior to flaring. All couplings shall be tightened securely, so the flared end fits snugly against the bevel of the fitting without leakage. The flared joint couplings shall be made up without the use of jointing compounds. The service pipe and curb stop coupling depth shall be such as to maintain not less than the specified minimum cover. The service box shall be connected to or centered over the curb stop and be firmly supported on concrete blocking as required by the Plans, Specifications, and Special Provisions. Clearance shall be provided so the service box does not rest on the water pipe. Service boxes shall be installed plumb. The service boxes shall be brought to proper surface grade when the final ground surface has been established. D Setting Valves, Hydrants, Fittings and Specials Valves, hydrants, fittings, and specials shall be provided and installed as required by the Plans, Specifications, and Special Provisions with the exact locations and setting as directed by the Engineer, and with each installation accomplished in accordance with the requirements for installation of mainline pipe to the extent applicable. Support blocking, reaction backing, and anchorage devices shall be provided as required by the Plans, Specifications, and Special Provisions or as otherwise ordered by the Engineer. Page 33 Hydrants shall be installed plumb, with the height and orientation of nozzles as shown in the Plans or as directed by the Engineer. Unless otherwise specified, the hydrants shall be connected to the mainline pipe with six inch (6 ") diameter pipe, controlled by an independent valve. When a hydrant with an open drain outlet is set in clay or other impervious soil, a drainage pit of at least one cubic yard shall be excavated below and around the hydrant base and the pit shall be filled with Foundation Material to a level six inches (6 ") above the drain outlet. MnDOT 3733 geotextile Type V, or other material approved by the Engineer, shall be carefully placed over the rock to prevent backfill material from entering voids in the rock drain. Hydrants located where the groundwater table is above the drain outlet shall have the outlet drain hole plugged or the drain tube cut off to prevent draining, and shall be equipped with a tag stating, "Pump After Use ". Valve boxes shall be centered over the valve wrench nut and be installed plumb, with the box cover flush with the surface of the finished pavement or at such other level as may be directed. Valve box adaptors for use to stabilize the valve box in a centered position over the valve wrench nut shall include a rubber gasket between the adaptor plate and valve body. The adaptor shall be epoxy coated conforming to the requirements for fittings in section 02611.2A1, or as otherwise allowed by the plans, specifications and special provisions. Gate valve box adaptors shall be incidental to the valve box unless otherwise provided in the bid proposal. Masonry valve pit structures, for valves with exposed gearing or operating mechanisms, shall be constructed in accordance with the details shown in the Plans and with the applicable provisions of these Specifications. Drainage blow -offs, air vents, and other special appurtenances shall be provided and installed as required by the Plans, Specifications, and Special Provisions. All dead ends shall be closed with approved plugs or caps and shall be equipped with suitable blow -off facilities. E Disinfection of Watermains Before being placed in service, the completed water main shall be disinfected. Disinfection materials and procedures, and the collection and testing of water samples, shall be in accordance with the provisions of AWWA C -651. After the final flushing of watermain, the water shall be tested for bacteriologic quality and found to meet the standards prescribed by the Minnesota Department of Health. Where an existing watermain is cut for the installation of any fitting, the pipe and fittings proposed to be installed shall be disinfected prior to installation as follows: (1) The interior of the pipe and fittings shall be cleaned of all dirt and foreign material. (2) The interior of the pipe and fittings shall be thoroughly swabbed or sprayed with a one percent (1 %) minimum hypochlorite solution. Page 34 Unless otherwise indicated in the Plans, Specifications, and Special Provisions, the Contractor shall furnish all materials and perform the disinfecting, flushing, and testing as necessary for meeting the water quality requirements. The flushing operations and the form of chlorine and method of application to be used shall be subject to approval by the Engineer. F Electrical Conductivity Test The Contractor shall perform a conductivity test within one week after completion of pressure testing of the main on all watermains to ensure continuous conductivity for the purpose of tracing watermain for utility location. Sufficient conductivity shall be provided to allow for the location of watermain, services, hydrant leads, and laterals for mainline segments at least one thousand two hundred (1,200) linear feet in length G Hydrostatic Testing of Watermains After the pipe has been laid, including fittings and valves and blocking, all newly -laid pipe or any section between valves thereof, unless directed otherwise by the Engineer, shall be subject to hydrostatic pressure of one hundred fifty (150) pounds per square inch. The duration of each such test shall be at least two (2) hours. Each section of pipe to be tested shall be filled with water and all air expelled at the highest point. The required taps to expel air or to fill the watermain shall be supplied and installed by the Contractor and shall be three quarters inch (3/4 ") and shall include an approved service saddle when required. The test apparatus shall be applied at the lowest elevation on the section to be tested. The apparatus shall be connected to the main at a service tap or special tap location. The pressure gauge shall be a standard pressure gauge. The dial shall register from 0 - 200 psi and have a dial size of four and one half inches (4'/z') with one (1) psi increments. The hydrostatic test, pressure requirement for an acceptable test shall be a maximum pressure drop of two (2) psi during the last hour of the two (2) hour pressure test. If this test requirement cannot be met, the Contractor shall investigate the cause, make corrections, and retest until the pressure drop requirement can be met. Only if several consecutive tests indicate a consistent pressure drop and only after the Contractor has made numerous attempts to resolve the problem, acceptable to the Engineer, may the Contractor request in writing and the Engineer consider the use of the leakage test. The leakage test may be performed by the Contractor to determine the magnitude of the leak, however, meeting the leakage allowance shall not automatically be considered acceptance, in lieu of the pressure test, for the section being tested. Final acceptance shall be at the discretion of the Engineer. When allowed, the leakage test shall be performed in accordance with AWWA C -600, Section 4.1.5, 4.1.6 and the line will be accepted as per Section 4.1.7. Page 35 H Operational Inspection At the completion of the project and in the presence of the Engineer and the Contractor, representatives of the Owner shall operate all valves, hydrants, and water services to ascertain that the entire facility is in good working order; that all valve boxes are centered and valves are opened; that all hydrants operate and drain properly; that all curb boxes are plumb and centered; and that water is available at all curb stops. 2611.4 METHOD OF MEASUREMENT All items will be measured separately according to design designation as indicated in the Pay Item name and as may be detailed and defined in the Plans, Specifications, or Special Provisions. Pipe will generally be designated by size (inside diameter or span), strength class, kind or type, and laying condition. Payment shall include all component parts thereof as described or required to complete the unit, but excluding any item covered by a separate pay item. Lineal measurement of piping will include the running length of any special fittings (tees, wyes, bends, gates, etc.) installed within the line of measure between specified terminal points. A Water Pipe Mainline pipe and service pipe of each kind and size will be measured separately by the overall length along the axis of the pipeline, from beginning to end of each installation and without regard to intervening valves or specials. Terminal points of measure will be the spigot or cut end, base of hub or bell end, center of valves or hydrants, intersecting centers of tee or wye branch service connections, and center of corporation stop or curb stop couplings. B Valves Valves of each size and type will be measured separately as complete units, including the required manhole or valve box setting. C Corporation Stops Corporation stops of each size and type will be measured separately by the number of units installed, including the watermain tap and saddle. D Curb Stops Curb stops of each size and type will be measured separately by the number of units installed, including the required curb box. E Hydrants Hydrants will be measured by the number of units installed. F Air Vents Air vents of each type and size will be measured separately by the number of complete units installed, including the required manhole or valve box setting. Page 36 G Polyethylene Encasement Polyethylene encasement of pipe will be measured by the linear foot of pipe encased of each specified size. H Ductile and Gray Iron Fittings Ductile Iron and Gray Iron fittings shall be measured by the pound without joint accessories or on an each basis as specified on the Proposal or in the Special Provisions. Joint accessories including tie rods, joint restraints, nuts and bolts shall be incidental to the watermain unless otherwise provided on the Proposal or in the Special Provisions. The standard weight of Ductile Iron and Gray Iron fittings, for payment basis, shall be as published in AWWA C -153 and C -110, respectively. I Polyvinyl Chloride or Polyethylene Polyvinyl Chloride or Polyethylene fittings shall be measured on an each basis as specified and shown on the Proposal or in the Special Provisions. J Access Structures Access structures, such as valve boxes, service boxes, manholes and vaults, will be measured for payment only when and to the extent that the Proposal contains specific items therefore. Otherwise, the required structures are included for payment as part of the pipe appurtenance (Gate Valve, Curb Stop, Air Vent, etc.) item which is served. When applicable, measurement will be by the number of individual units installed of each type and design. 2611.5 BASIS OF PAYMENT Payment for construction of water distribution facilities will be made as detailed in the method of measurement and as shown on the Bid Proposal or detailed in the Special Provisions. Payment shall include all costs of furnishing and installing the complete facility as required by the Plans, Specifications, and Special Provisions. Payment shall be made for Watermain Pipe, Service Pipe, and Tapped Service Pipe, of each size and kind at the appropriate Contract prices per linear foot installed All costs of pipeline disinfection, leakage testing, pipe jointing materials, dead end plugs and caps, making connections to existing facilities, blocking and anchorage materials, and other work necessary for proper installation of pipe as specified shall be included for payment as part of the pipe item, without any direct compensation being made therefore unless specific pay items are included on the Proposal. Payment shall be made for Valves, Corporation Stops, Curb Stops, Hydrants, Air Vents, Polyethylene Encasement, Insulation, and other specially identified appurtenant items, at the appropriate Contract prices per unit of measure for each size and type or kind installed. Access structures such as Valve Boxes, Service Boxes, Manholes, and Vaults will be paid for as separate items only when separate pay items are included on the Proposal. Page 37 Payment for rearrangement of in -place facilities or vertical offset of proposed facilities shall be made under specially named items at the appropriate Contract prices per unit of measure and shall be compensation in full for all costs of performing the work as specified. All costs of excavating to foundation grade, preparing the foundation, placing and compacting backfill materials, restoring surface improvements, and other work necessary for prosecution and completion of the work as specified, shall be included for payment as part of the pipe and pipe appurtenance items without any direct compensation being made therefore, unless specific pay items are included on the Proposal. Watermain connections shall be paid per each connection to new watermain. All necessary labor, materials, and work required to make the connection shall be included in the price per each as provided in the bid proposal. Installation of tracer wire for thermoplastic and other non - conductive pipe materials shall be considered incidental with no direct compensation made thereto, except where noted otherwise. Page 38 SECTION 2621 — STANDARD SPECIFICATIONS FOR SANITARY SEWER AND STORM SEWER INSTALLATION 2621.1 DESCRIPTION This work shall consist of the construction of pipe sewers utilizing plant fabricated pipe and other appurtenant materials, installed for conveyance of sewage, industrial wastes, or storm water. The work includes construction of manhole and catch basin structures and other related items as specified. The use of the term "Plans, Specifications and Special Provisions" within this specification shall be construed to mean those documents which compliment, modify, or clarify these specifications and are an enforceable component of the Contract Documents. All references to MnDOT Specifications shall mean the latest published edition of the Minnesota Department of Transportation "Standard Specifications for Construction ", and all supplements and amendments thereto published prior to the date of advertisement for bids. All references to other Specifications of AASHTO, ASTM, ANSI, AWWA, etc. shall mean the latest published edition available on the date of advertisement for bids. The following specifications have been referenced in this Specification: AASHTO M198 Standard Specification for Joints for Concrete Pipe, Manholes, and Precast Box Sections Using Preformed Flexible Joint Sealants AASHTO M294 Standard Specification for Corrugated Polyethylene Pipe, 300- to 1500 -mm (12- to 60 -in.) Diameter ASTM A48 Standard Specification for Gray Iron Castings ASTM A74 Standard Specification for Cast Iron Soil Pipe and Fittings ASTM A798 Standard Practice for Installing Factory Made Corrugated Steel Pipe for Sewers and Other Applications ASTM C12 Standard Practice for Installing Vitrified Clay Pipe Lines ASTM C76 Standard Specification for Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe ASTM C270 Standard Specification for Mortar for Unit Masonry ASTM C301 Standard Test Methods for Vitrified Clay Pipe ASTM C361 Standard Specification for Reinforced Concrete Low Head Pressure Pipe ASTM C425 Standard Specification for Compression Joints for VCP and Fittings ASTM C443 Standard Specification for Joints Concrete Pipe and Manholes Using Rubber Gaskets ASTM C478 Standard Specification for Precast Reinforced Concrete Manhole Sections ASTM D543 Standard Practice for Evaluating the Resistance of Plastics to Chemical Reagents ASTM C564 Standard Specification for Rubber Gaskets for Cast Iron Soil Pipe and Fittings ASTM C700 Standard Specification for Vitrified Clay Pipe, Extra Strength, Standard Stregth, and Perforated ASTM C969 Standard Practice for Infiltration and Exfiltration Acceptance Testing of Installed Precast Concrete Pipe Sewer Lines ASTM D2321 Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity Flow Applications ASTM D2751 Standard Specification for ABS Pipe and Fittings ASTM D3034 Standard Specification for PVC Sewer Pipe and Fittings Page 39 ASTM D3212 Standard Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals ASTM D3262 Standard Specification for "Fiberglass" (Glass Fiber Reinforced Thermosetting Resin) Sewer Pipe ASTM D3839 Standard Guide for Underground Installation of "Fiberglass" (Glass Fiber Reinforced Thermosetting Resin) Pipe ASTM D4161 Standard Specification for Fiberglass (Glass Fiber Reinforced Thermosetting Resin) Pipe Joints Using Flexible Elastomeric Seals ASTM F477 Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe ASTM F679 Specification for Large- Diameter PVC Sewer Pipe and Fittings ASTM F949 Specification for Poly (Vinyl Chloride) (PVC) Corrugated Sewer Pipe with a Smooth Interior and Fittings ASTM F1417 Standard Practice for Installation Acceptance of Plastic Non pressure Sewer Lines Using Low Pressure Air ASTM F2736 Standard Specification for 6 to 30 in. (152 To 762 mm) Polypropylene (PP) Corrugated Single Wall Pipe And Double Wall Pipe ASTM F2764 Standard Specification for 30 to 60 in. [750 to 1500 mm] Polypropylene (PP) Triple Wall Pipe and Fittings for Non Pressure Sanitary Sewer Applications AWWA C104 American National Standard for Cement - Mortar Lining for Ductile -Iron Pipe and Fittings AWWA C110 American National Standard for Ductile -Iron and Gray -Iron Fittings AWWA C111 American National Standard for Rubber - Gasket Joints for Ductile -Iron Pressure Pipe and Fittings AWWA C115 American National Standard for Flanged Ductile -Iron Pipe With Ductile -Iron or Gray -Iron Threaded Flanges AWWA C116 Standard for Protective Fusion - Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings AWWA C150 American National Standard for Thickness Design of Ductile -Iron Pipe AWWA C151 American National Standard for Ductile -Iron Pipe, Centrifugally Cast AWWA C153 American National Standard for Ductile -Iron Compact Fittings for Water Service AWWA C550 Standard for Protective Interior Coatings for Valves and Hydrants 2621.2 MATERIALS All materials required for this work shall be new material conforming to requirements of the referenced specifications for the class, kind, type, size, grade, and other details indicated in the Contract. Unless otherwise indicated, all required materials shall be furnished by the Contractor. If any options are provided for, as to type, grade, or design of the material, the choice shall be limited as may be stipulated in the Plans, Specifications, or Special Provisions. All manufactured products shall conform in detail to such standard design drawings as may be referenced or furnished in the Plans. Otherwise, the Owner may require advance approval of material suppliers, product design, or other unspecified details as it deems desirable for maintaining adopted standards. At the request of the Engineer, the Contractor shall submit in writing a list of materials and suppliers for approval. Suppliers shall submit a Certificate of Compliance that the materials furnished have been tested and are in compliance with the specifications. Page 40 A Sewer Pipe and Service Line Materials All pipe furnished for main sewer and service line installations shall be as indicated for each particular line segment as shown in the Plans and designated in the Contract Items. Wherever connection of dissimilar materials or designs is required, the method of joining and any special fittings employed shall be products specifically manufactured for this purpose and subject to approval by the Engineer. Al Vitrified Clay Pipe and Fittings Vitrified clay extra strength pipe and fittings shall conform to the requirements of ASTM M -65 for the size and type and class specified, subject to the following supplementary provisions: (1) Unless otherwise specified, the pipe and fittings shall be non - perforated, full circular type, either glazed or unglazed. (2) All pipe and fittings manufactured with bell- and - spigot ends shall be furnished with factory fabricated compression joints conforming to the requirements of ASTM C- 425. (3) In lieu of the bell- and - spigot jointing requirements, the pipe and fittings may be furnished with plain ends, in which case the jointing shall be by means of compression couplings conforming to the requirements of ASTM C -425, Type B. (4) All clay pipe fittings (wyes, tees, bends, plugs, etc.) shall be of the same pipe class and joint design as the pipe to which they are to be attached. (5) Pipe and fittings manufactured to the standards of AASHTO 52;65 may be accepted by prior approval of the Engineer. A2 Ductile Iron Pipe and Ductile Iron and Gray Iron and Fittings The pipe furnished shall be Ductile Iron pipe and pipe fittings furnished shall be of the Ductile Iron.or Gray Iron type as specified for each particular use of installation. When Gray Iron is specified, either type may be furnished. Gray Iron may not be substituted for Ductile Iron unless specifically authorized in the Special Provisions. Ductile iron pipe shall conform to the requirements of AWWA C115 or C151 for water, and thickness design shall conform to AWWA C 150. In addition, the pipe shall comply with the following supplementary provisions: (1) Fittings shall conform to the requirements of AWWA C110 (Gray Iron and Ductile Iron Fittings) or AWWA C153 (Ductile Iron Compact Fittings) for the joint type specified. (2) Unless otherwise specified all pipe and fittings shall be furnished with cement mortar lining meeting the requirements of AWWA C104 for standard thickness lining. All exterior surfaces of the pipe and fittings shall have an asphaltic coating at least one mil thick. Spotty or thin seal coating, or poor coating adhesion, shall be cause for rejection. Fittings specified to be furnished with fusion bonded epoxy external coating and /or interior lining shall conform to the requirements of AWWA C550 and C1 16/A21-16, with 6 -8 mil nominal thickness. Page 41 (3) Rubber gasket joints for Ductile Iron Pressure Pipe and fittings shall conform to AWWA C111. (4) The nuts and bolts shall be constructed of corrosion resistant, high- strength, low - alloy steel with a ceramic filled, baked on fluorocarbon resin. The nuts and bolts shall be in compliance with ANSI /AWWA C111/A21.11 (Current Revision). (5) Conductivity, when required by the Special Provisions, shall be maintained through pipe and fittings with an external copper jumper wire or specialty gaskets which are capable of meeting conductive requirements. Wedge type connectors will not be allowed. A3 Reinforced Concrete Pipe and Fittings Reinforced concrete pipe, fittings and specials shall conform to the requirements of ASTM C -76 (Reinforced Concrete Pipe) with rubber O -ring or profile joints for the type, size, and strength class specified, subject to the following supplementary provisions: (1) All branch fittings such as tees, wyes, etc. shall be cast as integral parts of the pipe. All fittings and specials shall be of the same strength class as the pipe to which they are attached. (2) Joints shall meet the requirements of ASTM C -361, and ASTM C443. (3) Lift holes will not be permitted unless specifically authorized in the Plans, Specifications, and Special Provisions A4 Corrugated Steel Pipe and Fittings Corrugated Steel (CS) Pipe and fittings shall conform to the requirements of MnDOT 2501, . 2503, and 3226 (CS) Pipe for the application, type, size and sheet thickness specified. Joints for joining CS Pipe shall be the band type or bell /spigot type, soil -tight and watertight, with preformed gasket seals meeting MnDOT 3726. Fittings and bands for joining pipe sections shall be of the same material and thicknesses as the mainline pipe. Specialty coatings for the pipe shall be as indicated in the Plans, Specifications, and Special Provisions. A5 Polyvinyl Chloride Pipe and Fittings Smooth walled polyvinyl chloride pipe and fittings shall conform to the requirements of ASTM D- 3034 and ASTM F -679 for the size, standard dimension ratio (SDR), and strength requirements indicated on the Plans, Specifications, and Special Provisions. The grade used shall be resistant to aggressive soils or corrosive substances in accordance with the requirements of ASTM D -543. Pipe fittings shall be of the same class and grade as specified for the pipe, unless otherwise specified in the special provisions. Page 42 Unless otherwise specified, all pipe and fittings shall be SDR 35 and connections shall be push - on with elastomeric gasket joints which are bonded to the inner wall of the gasket recess of the bell socket. PVC pipe and fittings for pressure sewer and forcemains shall meet the requirements of 2611.2 A3 for watermain class pipe. Corrugated polyvinyl chloride pipe and fittings with smooth interior shall conform to the requirements of ASTM F -949 for the size and wall thickness indicated on the Plans, Specifications, and Special Provisions. Unless otherwise specified, all pipe and fittings shall be push -on with snug fit elastomeric joints meeting tightness requirements of ASTM D -3212 and ASTM F477. A6 Cast Iron Soil Pipe Unless otherwise specified in the Plans, Specifications, and Special Provisions, cast iron soil pipe shall be service weight pipe meeting the requirements of ASTM A -74 and the Plans, Specifications, and Special Provisions. Unless otherwise specified, pipe joints shall be push -on, sealed with elastomeric gaskets, meeting the requirements of ASTM C -564. A7 Acrylonitrile- Butadiene - Styrene Pipe Acrylonitrile- Butadiene - Styrene (ABS) solid wall pipe and fittings shall conform to the requirements of ASTM D -2751 and shall be gasket seal joints, assembled as recommended by the pipe manufacturer. Unless otherwise specified, all pipe and fittings shall be push -on with snug fit elastomeric joints meeting tightness requirements of ASTM D -3212 and ASTM F477. Solvent cemented joints, assembled as recommended by the pipe manufacturer, shall be provided only where specifically indicated in the Plans, Specifications, and Special Provisions. A8 Corrugated Polyethylene Pipe Dual -Wall and Triple -Wall Corrugated Polyethylene Pipe (PE /HDPE) for gravity sewers shall conform to the requirements of AASHTO M -294 and Section 18 of the AASHTO Standard Specifications for Highway Bridges for storm sewer pipe sizes twelve inch (12 ") through sixty inch (60 "). Joints shall be bell and spigot push -on type, soil -tight and watertight joints in accordance with ASTM D3212 and ASTM F477. Pipe manufacture, watertight joint testing, and installation shall conform to current MnDOT requirements, ASTM C969, and as indicated in the Plans, Specifications, and Special Provisions. A9 Solid Wall High Density Polyethylene Pipe Solid wall HDPE for pressure and gravity sewer pipes shall meet the requirements of 2611.2M4 A10 Fiberglass Reinforced Pipe Fiberglass Reinforced Pipe (FRP /GRP) for gravity sewers shall meet requirements of ASTM D3262 for Glass- Fiber - Reinforced Thermosetting Resin pipe, such as reinforced thermosetting - resin pipe (RTRP) and reinforced polymer mortar pipe (RPMP; natural polymers not included) for use in gravity -flow systems. The pipe shall be manufactured with polyester resin systems with a proven history of performance in this application. Page 43 The reinforcing glass fibers used to manufacture the components shall be of highest quality commercial grade E -glass filaments with binder and sizing compatible with impregnating resins. Sand used to manufacture the pipe and fittings shall be minimum ninety eight percent (98 %) silica sand with a maximum moisture content of two tenths of a percent (0.2 %). Pipe resin additives, such as curing agents, pigments, dyes, fillers, thixotropic agents, etc., when used, shall not detrimentally effect the performance of the products. Gaskets shall be supplied by approved gasket manufacturers and be suitable for the service intended. Minimum pressure rating of gaskets shall be two hundred fifty (250) psi. Unless otherwise specified, the pipe shall be field connected with fiberglass sleeve couplings that utilize elastomeric sealing gaskets made of EPDM rubber compound to provide watertight joints meeting the requirements of ASTM D4161. Joints at tie -ins, when needed, may utilize fiberglass, gasket - sealed closure couplings. Fittings shall be capable of withstanding all operating conditions when installed. They may be contact molded or manufactured from mitered sections of pipe joined by glass- fiber - reinforced overlays. Properly protected standard ductile iron, fusion - bonded epoxy- coated steel and stainless steel fittings are allowed unless otherwise stated in the Special Provisions. The actual outside diameter (eighteen inch (18 ") to forty eight inch (48 ")) of the pipes shall be in accordance with ASTM D3262. Other pipe diameter OD's shall be per manufacturer's literature. Pipe shall be supplied in nominal lengths of twenty feet (20') except where noted otherwise on the drawings. Actual laying length shall be nominal t1/4 inches. At least ninety percent (90 %) of the total footage of each size and class of pipe, excluding special order lengths, shall be furnished in nominal length sections. Pipe ends shall be square to the longitudinal pipe axis with a maximum tolerance of eight inch (1/8"). Pipe shall be marked identifying each pipe with the name of manufacturer, plant location, code date of manufacturer, nominal pipe size, pipe stiffness designation and ASTM D3262. Service lateral connections (wye, tee, bend) to the sanitary sewer shall be as recommended by the main line sewer pipe manufacturer recommendation. A11 Polypropylene Pipe Corrugated Polypropylene Pipe (PP) for gravity sewers shall be Dual -Wall (six inch (6 ") to thirty inch (30 ") diameter) pipe conforming to ASTM F2736 and Triple Wall (thirty inch (30 ") to sixty inch (60 ") diameter) pipe conforming to ASTM F2764. Pipe joints shall be bell and spigot push - on type, soil -tight and watertight joints in accordance with ASTM D3212 and ASTM F477., and shall conform to the requirements of AASHTO M -294 and Section 18 of the AASHTO Standard Specifications for Highway Bridges for storm sewer pipe sizes twelve inch (12 ") through sixty inch (60 "). Pipe manufacture, watertight joint testing, and installation shall conform to current MnDOT requirements, ASTM C969, and as indicated in the Plans, Specifications, and Special Provisions. Page 44 Al2 Tracer Wire for Non - conductive Pipe Tracer wire shall be installed along the length of all non - conductive mainline pipe, laterals, and services with vertical riser to the surface, at manholes, catch basins, stubs, laterals, services, and /or utility location boxes as required by the Special Provisions. Tracer wire shall be taped, clamped or affixed to the pipe in another manner as approved by the Engineer. Splicing tracer wire shall be by mechanical split bolt type or a crimp type compression fitting fully encased in approved electrical insulation putty. A twelve inch (12 ") tracer wire loop shall be provided on each side of a spliced connection. B Metal Sewer Castings Metal castings for sewer structures such as manhole frames and covers, catch basin frames, grates and curb boxes, shall conform to the requirements of ASTM A -48 (Gray Iron Castings), subject to the following supplementary provisions: (1) Casting assemblies or dimensions, details, weights, and class shall be as indicated in the detailed drawings for the design designation specified. Unless otherwise specified, the castings shall be Class 30 or better. (2) Lid -to -frame surfaces on round casting assemblies shall be machine milled to provide true bearing around the entire circumference. (3) Casting weight shall be not less than ninety five percent (95 %) of theoretical weight for a unit cast to exact dimensions, based on four hundred forty two (442) pounds per cubic foot. (4) A Certificate of Compliance shall be furnished with each shipment of castings stating that the materials furnished have been tested and are in compliance with the specification requirements. (5) Unless otherwise specified, sanitary sewer manholes shall have self - sealing lids and concealed pick holes. C Precast Concrete Manhole and Catch Basin Sections Precast concrete riser sections and appurtenant units (grade rings, top and base slabs, special sections, etc.) used in the construction of manhole and catch basin structures shall conform with the requirements of ASTM C -478, MnDOT 2506 and the following supplementary provisions: (1) The precast sections and appurtenant units shall conform to all requirements as shown on the detailed drawings. (2) Joints of manhole riser sections shall be tongue and groove with rubber "O" ring or profile gaskets. (3) Sanitary sewer inlet and outlet pipes shall be joined to the manhole with a gasketed, flexible, watertight connection, watertight boot, or any watertight connection arrangement approved by the Engineer that allows differential settlement of the pipe and manhole wall to take place. Page 45 (4) Air - entrained concrete shall be used in the production of all units. Air content shall be maintained within the range of five (5) to seven (7) percent ( %). (5) A Certificate of Compliance shall be furnished with each shipment of precast manhole and catch basin sections stating that the materials furnished have been tested and are in compliance with the specification requirements. (6) Lift holes will not be permitted in precast manholes. D Mortar Mortar for use in masonry construction shall meet the requirements of MNDOT 2506.213 and ASTM C270. E Concrete Concrete used for cast -in -place masonry construction shall be produced and furnished in accordance with the provisions of MnDOT Specification 2461 for the mix design indicated in the Plans, Specifications, or Special Provisions. The requirements for Grade B concrete shall be met where a higher grade is not specified. Type 3, air - entrained, concrete shall be furnished and used in all structures having weather exposure. 2621.3 CONSTRUCTION REQUIREMENTS A Installation of Pipe and Fittings The Contractor shall take all necessary precautions to handle and install all pipe and appurtenances as recommended by the manufacturer, Engineer, Plans, Specifications, and the Special Provisions. Installation of PVC pipe and fittings for pressure sewer and forcemains shall meet the requirements of 2611.3 for watermain class pipe. Al Inspection and Handling Proper and adequate implements, tools, and facilities satisfactory to the Engineer shall be provided and used by the Contractor for the safe and convenient prosecution of the work. During the process of unloading, all pipe and accessories shall be inspected by the Contractor for damage. The Contractor shall notify the Engineer of all material found to have cracks, flaws or other defects. The Engineer shall inspect the damaged materials and have the right to reject any materials found to be unsatisfactory. The Contractor shall promptly remove all rejected material from the site. All materials shall be handled carefully, as will prevent damage to protective coatings, linings, and joint fillings; preclude contamination of interior areas; and avoid jolting contact, dropping, or dumping. All work and materials are subject to tests by the Owner at such frequency as may be determined by the Engineer. While suspended and before being lowered into laying position, each pipe section and appurtenant unit shall be inspected by the Contractor to detect damage or unsound conditions Page 46 that may need corrective action or be cause for rejection. The Contractor shall inform the Engineer of any defects discovered and the Engineer will prescribe the required corrective actions or order rejection. Immediately before placement, the joint surfaces of each pipe section and fitting shall be inspected for the presence of foreign matter, coating blisters, rough edges or projections, and any imperfections so detected shall be corrected by cleaning, trimming, or repair as needed. A2 Pipe Laying Operations Trench excavation and bedding preparations shall proceed ahead of pipe placement as will permit proper laying and joining of the units at the prescribed grade and alignment without unnecessary deviation or hindrance. All foreign matter or dirt shall be removed from the inside of the pipe and fittings before they are lowered into position in the trench and they shall be kept clean. The sewer materials shall be carefully lowered into laying position by the use of suitable restraining devices. Under no circumstances shall the pipe be dropped into the trench. Unless otherwise permitted by the Engineer, bell and spigot pipe shall be laid with the bell ends facing upgrade and the laying shall start on the downgrade end and proceed upgrade. As each length of bell and spigot pipe is placed in laying position, the spigot end shall be centered in the bell and the pipe forced home and brought to correct line and grade. The pipe shall be secured in place with approved backfill material. Connection of pipe to existing lines or previously constructed manholes or catch basins shall be accomplished as shown in the Plans or as otherwise approved by the Engineer. Where necessary to make satisfactory closure or produce the required curvature, grade or alignment, deflections at joints shall not exceed that which will assure watertight joints and shall comply with the pipe manufacturer recommendations. Entrance of foreign matter into pipeline openings shall be prevented at all times to the extent that suitable plugs or covering can be kept in place over the openings without interfering with the installation operations. Installation of thermoplastic pipe shall conform to ASTM D -2321; FRP /GRP pipe to ASTM D3839, and the manufacturers' recommendations; ASTM A798 for CS pipe. A3 Connection and Assembly of Joints All pipe and fitting joints shall fit tightly and be fully closed. Spigot ends shall be marked as necessary to indicate the point of complete closure. All joints shall be soil tight and watertight in all sanitary sewer and storm sewer pipe. A4 Bulkheading Open Pipe Ends All pipe and fitting ends left open for future connection shall be bulkheaded by approved methods prior to backfilling. Unless otherwise specified or approved, all openings of twenty four inches (24 ") in diameter or less shall be closed off with prefabricated plugs or caps and all openings larger than twenty four inches (24 ") in diameter shall be closed off with masonry bulkheads. Page 47 Prefabricated plugs and caps shall be of the same material as the pipe material, or an approved alternate material, and they shall be installed with watertight seal as required for the pipeline joints. Masonry bulkheads shall be constructed with clay or concrete brick to a wall thickness of eight inches (8 "). Bulkheads installed for temporary service during construction may be constructed with two inch (2 ") timber planking securely fastened together and adequately braced, as an alternate to the masonry construction. B Appurtenance Installations Appurtenance items such as aprons, trash guards, gates and castings shall be installed where and as required by the Plans and in accordance with such standard detail drawings or supplementary requirements as may be specified. Casting assemblies installed on manhole or catch basin structures shall be set in a full mortar bed and be adjusted to the specified elevation without the use of shims or blocking. Sewer aprons shall be subject to all applicable requirements for installation of pipe. All aprons and outfall end sections shall have the last three (3) sections tied. Two (2) tie bolt fasteners shall be placed in each of the last three joints, one on each side of top center at the sixty (60 degree point (from vertical). Tie bolt diameter shall be: 1/2 inch for 12" to and including 21" pipe; 5/8 inch for 24" to and including 36" pipe; 3/4 inch for 42" to and including 54" pipe; and 1" for 60" and larger pipe. The tie bolts shall be of a design approved by the Engineer. C Sewer Service Installations Main sewer service connections and building service sewer pipe shall be installed as provided for in the Contract and as may be directed by the Engineer. The sewer service connections and pipe lines shall be installed in conformance with all applicable requirements of the main sewer installation and as more specifically provided for herein. The Engineer, with the assistance of the Contractor, shall keep accurate records of all service installations as to type, location, elevation, point of connection and termination, etc. This service record shall be maintained jointly by the Contractor and Engineer on forms provided by the Engineer. The service installations shall not be backfilled until all required information has been obtained and recorded. The main sewer service connection shall consist of installing a Branch Tee or Wye section in the main sewer line at designated locations or providing an insert type Saddle Tee or Wye fitting in a pipe cut -out where specified. Orientation of service connection fitting shall be as shown in the standard drawings unless otherwise directed by the Engineer. Where the depth of cover over the main sewer invert is greater than fifteen (15) feet (or such other maximum as may be indicated), the service connection shall be extended upward by means of a Service Riser Section. Unless otherwise specified, service pipe shall be installed at right angles to the main sewer and at a straight line grade to the property line. The standard and minimum grades shall be a uniform rise of one inch (1 ") in four feet (4') (two percent (2 %)) for sanitary service lines and one Page 48 inch (1 ") in eight feet (8') (one percent (1 %)) for storm sewer service lines. These minimum grades may be reduced (by not more than one -half (1/2) pitch) where the Engineer so approves in the case of restrictive elevation differences. Building service pipe lines shall generally be kept as deep as required to serve the building elevation and maintain the specified minimum pipe grades. Pipe bends shall be provided as necessary to bring the service lines to proper location and grade. Pipe bends shall not exceed twenty two and one half (22 -1/2) degrees without approval of the Engineer. Unless otherwise indicated, service pipe installation shall terminate at property line or as designated on the Plans, with a gasketed plug placed in the end, at which point the Contractor shall furnish and set a four inch by four inch (4" x 4 ") wooden timber six feet (6) to eight feet (8') in length embedded four feet (4') below grade, or approved steel post to mark the exact end of pipe. The timber or post shall be set vertically, with the top two feet (2') painted green. Wherever service line connections to the main sewer are permitted or required to be made by the open cut -out method in the absence of a built -in Tee or Wye fitting, the connection shall be made by using an approved type of Saddle Tee or Wye fitting. The pipe cut -out shall be made with an approved type coring machine or by other approved methods producing a uniform, smooth circular cut -out as required for proper fit. The cut -out discs shall be retrieved and shall not be allowed to remain within the main sewer pipe. The Saddle Tee shall be securely fastened to the main sewer pipe by means of epoxy resin or other approved adhesive. The entire connection fitting shall be encased in concrete to a minimum thickness of six inches (6 ") and as may be shown in the standard drawings. Wherever service line connections to the main sewer are required to be made by means of built - in Branch Tee or Wye fittings, the Contractor shall, in the absence of such fitting, remove a section of the main sewer pipe and replace it with the required Branch Tee or Wye section connected by means of an approved sleeve coupling. Sanitary sewer service lines shall not be connected to a manhole at an elevation more than twenty four inches (24 ") above the crown of the outgoing sewer. Where the elevation difference is greater than twenty four inches (24 "), the connection shall be made by means of an Outside Drop Connection in accordance with the details shown in the standard drawings. All pipe and fitting openings at temporary terminal points shall be fitted with suitable plugs or shall be bulkheaded as required for the main sewer pipe. D Manhole and Catch Basin Structures Manholes, catch basins, and other special access structures shall be constructed at designated locations as required by the Plans and in accordance with any standard detail drawings or special design requirements given therefor. Unless otherwise specified or approved, storm sewer manholes and catch basins shall be constructed on a precast or cast -in -place concrete base and the barrel riser sections, and cone section shall all be of precast concrete. Sanitary sewer manholes shall be constructed with precast concrete integral base with pre- formed invert barrel section and with watertight boots at all pipe locations. All units shall be properly fitted and sealed to form a completely watertight structure. Manholes and catch basin structures shall be fabricated to provide a twelve inch (12 ") or sixteen inch (16 ") barrel section immediately below the cone or top slab whenever possible. Page 49 Barrel and cone height shall be such as to permit placement of at least two (2) and not more than six (6) standard two -inch (2 ") precast concrete or high density polyethylene adjusting immediately below the casting assembly. Sanitary manhole adjustment rings and casting flange shall be fitted with specified method /materials as indicated in the Special Provisions to reduce inflow and infiltration. Storm sewer manhole and drainage structure adjustment rings and casting flange shall be wrapped with a Type 2 Geotextile fabric meeting MnDOT 3733. Unless otherwise specified or approved, manholes and catch basins shall have an inside barrel diameter at the bottom of forty eight inches (48 ") minimum and the inside diameter at the top of the cone section and all adjusting rings shall be of the same size and shape as the casting frame. Casting assemblies shall be as specified in the Plans Concrete cast -in -place base shall be poured on undisturbed or firmly compacted foundation material which shall be trimmed to proper elevation. The bottom riser section shall be set in fresh concrete or mortar and all other riser section joints of the tongue and groove design shall be sealed with rubber gaskets. The concrete base under an outside drop connection shall be monolithic with the manhole base. Wherever special designs so require or permit, and as may be approved by the Engineer, a precast concrete base may be used or the structure may be constructed with solid sewer brick or block units or with cast -in -place concrete. Any combination of cast -in -place concrete and brick or block mortar construction will be allowed and may be required where it is impossible to complete the construction with standard precast manhole sections. All manhole and catch basin structure doghouses shall be completely filled with mortar, concrete masonry, or concrete to completely seal the pipes into the structure wall. When formed inverts are specified, the inside bottom of each manhole and catch basin shall be shaped with fresh concrete to form free flow invert troughs. When connecting to an existing sanitary sewer manhole without an existing opening for sewer pipe, the Contractor shall be required to core -drill an opening of the correct size and elevation for the proposed sanitary sewer facility. The Contractor shall set the connecting pipe through the full thickness of the wall flush with the inner face of the wall. Connection to the structure shall be made with a watertight joint, by means of a rubberized boot. The Contractor shall ensure the flow line of the manhole is constructed in a manner to provide steady flow from the new sanitary line to the existing sanitary line. The flow line and the core - drilled hole are to be grouted smooth. The Contractor shall install a plug in the connecting pipe once the connection is complete and construction has advanced to the next manhole to prevent rainwater or sediment from entering the existing system. The plug shall be removed once all the proposed sanitary sewer mains on the project have been installed, tested, inspected, and approved. E Sanitary Sewer Leakage Testing All sanitary sewer lines, including service connections, shall be substantially watertight and shall be tested for excessive leakage upon completion and before connections are made to the service by Others. Each test section of the sewer shall be subjected to exfiltration testing, either by hydrostatic or air test method as described below and at the Contractor's option. The requirements set forth for maximum leakage shall be met as a condition for acceptance of the sewer section represented by the test. Page 50 If the ground water level is greater than three feet above the invert elevation of the upper manhole and the Engineer so approves, infiltration testing may be allowed in lieu of the exfiltration testing, in which case the allowable leakage shall be the same as would be allowed for the Hydrostatic Test. All testing shall be performed by the Contractor without any direct compensation being made therefore, and the Contractor shall furnish all necessary equipment and materials, including plugs and standpipes as required. E1 Air Test Method E1 a Gravity Sewers All gravity sanitary sewer lines, including service connections, shall be substantially watertight and shall be tested for excessive leakage upon completion and before connections are made to the service by Others. Each test section of the sewer shall be subjected to exfiltration testing by the ASTM F1417 (low pressure air) test method regardless of pipe material. The requirements set forth for maximum leakage shall be met as a condition for acceptance of the sewer section represented by the test. All testing shall be performed by the Contractor without any direct compensation being made therefore, and the Contractor shall furnish all necessary equipment and materials, including plugs and standpipes as required. The sewer pipe section under test shall be clean at the time of testing but the pipe may be wetted. Pneumatic balls shall be used to plug the pipe ends at manholes. Low pressure air shall be introduced to the plugged line until the internal air pressure reaches three and one half (3.5) psi greater than the average back pressure of any ground water pressure that may submerge the pipe. At least two (2) minutes shall be allowed for the air temperature to stabilize before readings are taken and the timing started. During this time the Contractor shall check all plugs to detect plug leakage. If plugs are found to leak, air shall be bled off, the plugs shall be retightened, and the air shall be reintroduced into the line. The sewer section under test will be accepted as having passed the air leakage test when the rate of air loss as measured by pressure drop, does not exceed a specified amount in a specified time. Pressure drop may be determined by using the table below, or calculated by use of the formulas provided below. Page 51 TABLE Minimum Specified Time Required for a 0.5 psig Pressure Drop for Size and Length of Pipe Indicated for Q = 0.0015 CFM /SF Pipe Minimum Length for Time for Diameter Time Min. Time increased Specification Time for Length (L) Shown (Min:Sec) (Inches) (Min:Sec) (Feet) Length (Sec) 100 Ft. 150 Ft. 200 Ft. 250 Ft. 300 Ft. 350 Ft. 400 Ft. 450 Ft. 4 1:53 597 0.190 L 1:53 1:53 1:53 1:53 1:53 1:53 1:53 1:53 6 2:50 398 0.427 L 2:50 2:50 2:50 2:50 2:50 2:50 2:51. 3:12 8 3:47 298 0.760 L 3:47 3:47 3:47 3:47 3:48 4:26 5:04 5:42 10 4:4_; 239 1.187 L 4:43 4:43 4:43 4:57 5:56 6:55 7:54 8:54 12 5:40 199 1.709 L 5:40 5:40 5:42 7:08 8:33 9:58 11:24 12:50 15 7:05 159 2.671 L 7:05 7:05 8:54 11:08 13:21 15:35 17:48 20:02 18 8:30 133 3.846 L 8:30 9:37 12:49 16:01 19:14 22:26 25:38 28:51 21 9:55 114 5.235 L 9:55 13:05 17:27 21:49 28:11 30:32 34:54 39:16 24 11:20 99 6.837 L 11:24 17:57 22:48 28:30 34:11 39:53 45:35 51:17 *27 12:45 88 8.653 L 14:25 21:38 28:51 36:04 43:18 50:30 57:42 64:54 *30 14:10 80 10.683 L 17:48 26:43 35:37 44:31 53:25 62:19 71:131 80:07 *33 15:35 72 12.926 L 21:33 32:19 43:56 53:52 64:38 75:24 86:10 96:57 *36 17:00 66 15.384 L 25:39 38:28 51:17 64:06 76:55 89:44 102:34 115:23 *NOTE - Consult with pipe and appurtenance manufacturer for maximum test pressure for pipe size greater than twenty four inches (24 ") in diameter. FORMULA The formula below calculates the specified minimum time required for a 1.00 psig pressure drop from a starting pressure of 3.5 psig to a final pressure of 2.5 psig using a leakage rate of 0.0015 cubic feet /minute /square foot of internal surface. Calculate all test times by the following formula:. T= 0.085 DK/Q where: T = shortest time allowed for the air pressure to drop 1.0 psig, sec. K = 0.000419 DL but not less than 1.0, Q = leak rate = 0.0015 CFM /SF, D = measured average inside diameter of sewer pipe, in., and L = length of test section, ft. E2 Hydrostatic Test Method E2a Gravity Sewers After bulkheading the test section, the pipe shall be subjected to a hydrostatic pressure produced by a head of water at a depth of three feet (3') above the invert elevation of the sewer at the upstream manhole of the test section. In areas where ground water exists, this head of water shall be three feet (3') above the existing water table. The water head shall be maintained for a period of one (1) hour during which time it will be presumed that full absorption of the pipe body has taken place, and thereafter for an extended period of one (1) hour the water head shall be maintained as the test period. During the test Page 52 period, the measured water loss within the test section, including service stubs, shall not exceed an infiltration / exfiltration rate of thirty five (35) gallons / inch diameter / mile / day. If measurements indicate exfiltration within a test action section is not greater than the allowable maximum, the section will be accepted as passing the test. E2b Pressure Sewers For sewers designated as pressure pipe sewers, the sewer shall be subjected to hydrostatic testing under 2611.3G Hydrostatic Testing of Watermains, except the hydrostatic testing pressure shall be two (2) times the maximum design operating pressure, but not less than one hundred (100) psig and the duration of the test shall be one hour. E3 Test Failure and Remedy In the event of test failure on any test section, testing shall be continued until all leakage has been detected and corrected to meet the requirements. All repair work shall be subject to approval of the Engineer. Introduction of sealant substances by means of the test water will not be permitted. Unsatisfactory repairs or test results may result in an order to remove and replace pipe as the Engineer considers necessary for test conformance. All repair and replacement work shall be at the Contractor's expense. F Deflection Test Deflection tests shall be performed on all plastic gravity sewer pipes. The test shall be conducted after the sewer trench has been backfilled to the desired finished grade and has been in place for thirty (30) days. The deflection test shall be performed by pulling a rigid ball or nine -point mandrel (MnDOT Technical Memorandum 98- 24 -B -01 or latest revision) through the pipe without the aid of mechanical pulling devices. The ball or mandrel shall have a minimum diameter equal to ninety five percent (95 %) of the actual inside diameter of the pipe. The maximum allowable deflection shall not exceed five percent (5 %) of the pipe's internal diameter. The line will be considered acceptable if the mandrel can progress through the line without binding. The time of the test, method of testing, and the equipment to be used for the test shall be subject to the approval of the Engineer. All testing shall be performed by the Contractor at his expense without any direct compensation being made therefore, and he shall furnish all necessary equipment and materials required. F1 Test Failure and Remedy In the event of test failure on any test section, the section shall be replaced, with all repair work subject to approval of the Engineer. The replaced section shall be retested for leakage and deflection in conformance with the specifications contained herein. All repairs, replacement, and retesting shall be at the Contractor's expense. Page 53 G Televising Sewer line televising may be required by the Engineer, at the cost of the Contractor, if visual inspection, leakage testing, or deflection testing indicate the sewer has not been constructed in accordance with these specifications and the requirements of the Plans, Specifications, and Special Provisions. 2621.4 METHOD OF MEASUREMENT All items will be measured separately according to design designation as indicated in the Pay Item name and as may be detailed and defined in the Plans, Specifications, or Special Provisions. Complete -in -place items shall include all component parts thereof as described or required to complete the unit, but excluding any excesses covered by separate Pay Items. Linear measurement of piping will include the running length of any special fittings (tees, wyes, elbows, gates, etc.) installed within the line of measure between specified terminal points. A Sewer Pipe Sewer pipe of each design designation will be measured by length in linear feet along the line of pipe. Terminal points of measurement will be the pipe end at free outlets; the point of connection with in -place pipe; the center of manholes or catch basins; the point of centerline intersections at branch fittings; or the point of juncture with other appurtenances or units as defined. Separation of quantities according to "depth zone classification ", when so designated in the Pay Item, will be determined by depth of pipe invert below the ground surface profile. B Manholes Manholes of each design designation will be measured by number of each constructed complete -in- place, including the base and castings as required, but excluding any excess depth greater than eight feet (8') measured from top of manhole cover to invert elevation of lowest pipe. Excess manhole depth of each design designation will be measured by the linear foot difference in depth between the eight feet (8') allowed as standard and the actual increased depth as constructed. C Catch Basins Catch basins of each design designation will be measured by number of each constructed complete -in- place, including the base and castings as required, but excluding any excess depth greater than five feet (6) measured from top of grate (low point) to invert elevation of lowest outlet pipe. Excess catch basin depth of each design designation will be measured by the linear foot difference in depth between the five feet (6) allowed as standard and the actual increased depth as constructed. Page 54 D Outside Drop Connection Outside drop connections of each design will be measured by linear foot constructed complete - in- place, and shall include granular encasement, fittings, any special piping required, including coring holes and watertight boots for existing manholes for the drop connection. Measurement shall be made vertically from the invert of the lower outside drop invert to the upper outside drop invert. E Service Connection Service Connections of each design will be measured by number of each constructed complete - in -place as specified. F Service Pipe Service pipe of each design will be measured separately by length in linear feet, horizontally along the line of installation, between the service end and the point of juncture with the main pipe connection fitting. G Special Pipe Fittings Special pipe fittings (wyes, tees, bends, etc.) of each design designation will be measured by number of each installed complete -in -place as specified, but excluding any such fittings required to be installed as a component part of any other Work Unit. H Appurtenant Items Appurtenant items such as aprons, trash guards, gates and other prefabricated units or assemblies as identified by Pay Item name will be measured separately by number of each installed complete -in -place as specified. 2621.5 BASIS OF PAYMENT Payment for sewer pipe and service pipe items at the Contract prices per linear foot of pipe of each design shall be compensation in full for all costs of providing a complete -in -place pipeline, including excavation, foundation preparation, backfilling, leakage testing, restoration of surface improvements, disposal of surplus or waste materials, final cleanup, and such other work as may be specified, but excluding the construction of other structures or special sections and the placement of special fittings, appurtenances or materials specifically designated for payment under other Contract Items. Payment for manhole, catch basin, outside drop connection, service connection, and other structures as specified, at the Contract prices per structure, shall be compensation in full for all costs of constructing each unit complete -in -place as specified, including all required castings, special fittings, base or encasement, and appurtenant materials as specified for the complete structure or section, but excluding such additional work as may be designated for payment under other Contract Items. Where the specified standard manhole, catch basin, or outside drop connection depths are exceeded, the excess depth of each design will be paid for separately as linear footage items Page 55 and payment at the Contract prices therefor shall be compensation in full for all costs of providing the extra depth. Special pipe fittings such as wyes, tees and bends will be paid for as separate Contract Items to the extent they are required to be installed in the sewer pipe and service pipe lines and not as a component part of a complete -in -place structure (outside drop connections, service connections, etc.) Appurtenant items such as aprons, trash guards, drainage gates, and other prefabricated units or assemblies and specials as designated will be paid for as separate Contract Items to the extent they are not included as a component part of any complete -in -place structure. Page 56 SECTION 2631 CIPPS — STANDARD SPECIFICATIONS FOR SEWER PIPE REHABILITATION WITH CURED IN -PLACE PIPE SYSTEMS (CIPPS) 2631.1 CIPPS DESCRIPTION A General This work shall consist of the rehabilitation of pipelines and conduits by the installation of a resin - impregnated flexible tube Cured -In -Place Pipe System (CIPPS). The rehabilitation of pipelines shall be constructed by the installation of a resin - impregnated flexible tube which, when cured, shall be continuous and tight- fitting throughout the entire length of the original pipe. The CIPP shall extend the full length of the original pipe and provide a structurally sound, joint less and watertight new pipe within the existing pipe. The Contractor is responsible for proper, accurate and complete installation of the CIPP using the system selected by the Contractor. Neither the CIPP system, nor its installation, shall cause adverse effects to any downstream facilities. The use of the product shall not result in the formation or production of any detrimental compounds or by- products that may affect downstream structures, pups, pipe, equipment and wastewater treatment facilities. The Contractor shall notify the Engineer and identify any by- products produced as a result of the installation operations, test and monitor the levels, and comply with any and all local waste discharge requirements. The Contractor shall cleanup, restore existing surface conditions and structures, and repair any of the CIPP system determined to be defective. The Contractor shall conduct installation operations and schedule cleanup in a manner to cause the least possible obstruction and inconvenience to traffic, pedestrians, businesses, and residents. The use of the term "Plans, Specifications, and Special Provisions" within this specification shall be construed to mean those documents which compliment, modify, or clarify these specifications and are an enforceable component of the Contract Documents. All references to MnDOT Specifications shall mean the latest published edition of the Minnesota Department of Transportation "Standard Specifications for Construction ", and all supplements and amendments thereto, published prior to the date of advertisement for bids. All references to other Specifications of AASHTO, ASTM, ANSI, AWWA, etc. shall mean the latest published edition available on the date of advertisement for bids. The following specifications have been referenced in this Specification: ASTM - F1216 Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin - Impregnated Tube ASTM - F1743 Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Pull in and inflate and Curing of a Resin - Impregnated Tube ASTM - D543 Standard and Practice for Evaluating the Resistance of Plastics to Chemical Reagents ASTM - D638 Standard Test Method for Tensile Properties of Plastics Page 57 ASTM - D790 Standard Test Methods for Flexural Properties of Un- reinforced and Reinforced Plastics and Electrical Insulating Materials ASTM - D792 Standard Test Methods for Density and Specific Gravity of Plastics by displacement. ASTM - F2019 -03 Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Pulled in Place Installation of Glass Reinforced Plastic (GRP) Cured -in- Place Thermosetting Resin Pipe (CIPP) ASTM - D2122- 98(2004) Standard Test Method for Determining Dimensions of Thermoplastic Pipe and Fittings ASTM - D2990 Standard Test Methods for Tensile, Compressive, and Flexural Creep and Creep- Rupture of Plastics ASTM - D5813 Standard Specification for Cured -in Place Thermosetting Resin Sewer Pipe B Qualifications The Contractor shall be responsible for all aspects of the design of the liner pipe. The Contractor shall guarantee that the installed liner is capable of sustaining outside loads, resist chemical attack that normally occurs in sanitary and storm sewer systems, and will maintain hydraulic characteristics over a fifty (50) year design life. Unless provided otherwise in the plans or Special Provisions, the existing sewer pipe shall be considered to be in a fully deteriorated condition, is not structurally sound, and cannot support soil and live loads. The cured -in -place pipe shall be designed to support hydraulic, soil, and live loads. The sewer products are intended to have a fifty (50) year or greater design life, and in order to minimize the Owner's risk, only proven products with substantial successful long term track records will be approved. B1 Manufactured Products and Installation Contractors must meet all of the following criteria: a. For a Product to be considered acceptable, a minimum of 100,000 linear feet or two hundred fifty (250) manhole -to- manhole line sections of successful wastewater collection system installations in the U.S. must be documented to the satisfaction of the Engineer. In addition, at least 50,000 linear feet of the product shall have been in successful service within the State for a minimum of five (5) years. b. The Contractor's personnel must satisfy all insurance, financial, and bonding requirements of the Owner, and must have had at least 5 (five) years active experience in the commercial installation of the product bid. In addition, the Contractor's personnel must have successfully installed at least 100,000 feet of the same product bid. The Field Supervisor /Foreman shall have a minimum five (5) years as a foreman /superintendent for a cured -in -place lining crew (installing actual Page 58 product included with this bid /proposal), and a minimum of 100,000 lineal feet of cured -in -place lining, diameters up to and including twenty -four inches (24 ") installed under his /her supervision. Such experience shall include the actual product, by trade name, Contractor proposes to install. Acceptable documentation of these minimum installations must be submitted to the Engineer. c. Sewer rehabilitation products submitted for approval must provide Third Party Test Results supporting the long term performance and structural strength of the product and such data shall be satisfactory to the Engineer. Test samples shall be prepared so as to simulate installation methods and trauma of the product. No product will be approved without independent third party testing verification. 2631.2 CIPPS MATERIALS A General All materials required for this work shall be new material conforming to requirements of the referenced specifications for the class, kind, type, size, grade, and other details indicated in the Contract. Unless otherwise indicated, all required materials shall be furnished by the Contractor If any options are provided for, as to type, grade, or design of the material, the choice shall be limited as may be stipulated in the Plans, Specifications, or Special Provisions. All manufactured products shall conform in detail to such standard design drawings as may be referenced or furnished in the Plans. Otherwise, the Owner may require advance approval of material suppliers, product design, or other unspecified details as it deems desirable for maintaining adopted standards. All materials shipped to the project site shall be accompanied by test reports certifying that the material conforms to the ASTM standards listed herein. Materials shall be shipped, stored, and handled in a manner consistent with written recommendations of the CIPP manufacturer to avoid damage. Damage includes but is not limited to, gouging, abrasion, flattening, cutting, puncturing, and ultra - violet (UV) degradation. All damaged materials shall be promptly removed from the project site at no cost to the Owner. On site material storage locations shall be approved by the Engineer. Al CIPPS Fabric Tube The CIPPS fabric "Tube" shall consist of one or more layers of absorbent non -woven felt fabric, felt/fiberglass or fiberglass and meet the requirements of ASTM F 1216, ASTM F 1743, ASTM D 5813 & ASTM F2019. The fabric Tube shall be capable of absorbing and carrying resins, manufactured to withstand installation pressures and curing temperatures, have sufficient strength to bridge missing pipe segments, and stretch to fit irregular pipe sections. The fabric Tubes shall have a uniform thickness that when compressed at installation pressures will equal the specified nominal tube thickness. The wet -out fabric tube shall have a uniform thickness and excess resin distribution that when compressed at installation pressures will meet or exceed the design thickness after cure. The fabric tube shall be manufactured to a size and length that when installed will tightly fit the internal circumference and length of the original pipe. Allowance shall be made for Page 59 circumferential stretching during installation. The tube shall be properly sized to the diameter of the existing pipe and the length to be rehabilitated and be able to stretch to fit irregular pipe sections and negotiate bends. The Contractor shall determine the minimum tube length necessary to effectively span the designated run between manholes. The Contractor shall verify the lengths in the field prior to ordering and prior to impregnation of the tube with resin, to ensure that the tube will have sufficient length to extend the entire length of the run. The Contractor shall also measure the inside diameter of the existing pipelines in the field prior to ordering liner so that the liner can be installed in a tight- fitted condition. Overlapped layers of felt in longitudinal seams that cause lumps in the final product shall not be allowed. The minimum length of the fabric tube shall be that deemed necessary by the installer to effectively span the distance from the starting manhole to the terminating manhole or access point, plus that amount required to run -in and run -out for the installation process. The outside and /or inside layer of the fabric tube (before inversion /pull -in, as applicable) shall be coated with an impermeable, flexible membrane that will contain the resin and facilitate, if applicable, vacuum impregnation and monitoring of the resin saturation during the resin impregnation (wet -out) procedure. No material shall be included in the fabric tube that may cause de- lamination in the cured CIPP. No dry or unsaturated layers shall be acceptable upon visual inspection as evident by color contrast between the felt fabric and the activated resin containing a colorant. The tube shall be homogeneous across the entire wall thickness containing no intermediate or encapsulated elastomeric layers. No materials shall be included in the tube that is subject to delamination in the CIPPS. The wall color of the interior pipe surface of CIPP after installation shall be a light reflective color so that a clear detailed examination with closed circuit television inspection equipment may be made. The hue of the color shall be dark enough to distinguish a contrast between the fully resin saturated felt fabric and dry or resin lean areas. Seams in the fabric tube, if applicable, shall meet the requirements of ASTM D5813. The outside of the fabric tube shall be marked every five feet (6) with the name of the manufacturer or CIPP system, manufacturing lot and production footage. The nominal fabric tube wall thickness shall be constructed to the nearest 0.5 mm increment, rounded up from the design thickness for that section of installed CIPP. Wall thickness transitions, in 0.5 mm increments or greater as appropriate, may be fabricated into the fabric tube between installation entrance and exit access points. The quantity of resin used in the impregnation shall be sufficient to fill all of the felt voids for the nominal felt thickness. The resin shall be a corrosion resistant polyester or vinyl ester resin and catalyst system that when properly cured within the tube composite meets the requirements of ASTM F1216, ASTM F1743 or F2019, the physical properties herein, and those, which are to be utilized in the design of the CIPP for this application. The resin shall produce CIPP which will comply with or exceed the structural and chemical resistance requirements of this specification. Page 60 A2 CIPPS Structural Requirements The physical properties and characteristics of the finished liner will vary considerably, depending on the types and mixing proportions of the materials used, and the degree of cure executed. It shall be the responsibility of the Contractor to control these variables and to provide a CIPP system which meets or exceeds the minimum properties specified herein: 1. The CIPP shall be designed as per ASTM standards. The CIPP design shall assume no bonding to the original pipe wall. 2. The design engineer shall set the long term (fifty (50) year extrapolated) Creep Retention Factor at thirty three percent (33 %) of the initial design flexural modulus as determined by ASTM D -790 test method. This value shall be used unless the Contractor submits long term test data (ASTM D2990) to substantiate a higher retention factor. 3. The layers of the cured CIPP shall be uniformly bonded. It shall not be possible to separate any two (2) layers with a probe or point of a knife blade so that the layers separate cleanly or the probe or knife blade moves freely between the layers. If separation of the layers occurs during testing of field samples, new samples will be cut from the work. Any reoccurrence may cause rejection of the work. Minimum Physical Properties; The cured pipe material (CIPP) shall, at a minimum, meet or exceed the structural properties, as listed in the table below. The required structural CIPP wall thickness shall be based as a minimum, on the physical properties listed above and in accordance with the Design Equations in the appendix of ASTM F 1216, and the following design parameters: The Contractor shall submit, prior to installation of the lining materials, certification of compliance with these specifications and /or the requirements of the pre- approved CIPP system.. Page 61 Cured Cured Composite Property Test Method Composite Per Per Design ASTM F1216 Flexural Modulus Of Elasticity (Short ASTM D- 250,000 Psi Contractor Value Term ) 790 Flexural Strength (Short Term) A90 TM D 4,500 Psi Contractor Value The required structural CIPP wall thickness shall be based as a minimum, on the physical properties listed above and in accordance with the Design Equations in the appendix of ASTM F 1216, and the following design parameters: The Contractor shall submit, prior to installation of the lining materials, certification of compliance with these specifications and /or the requirements of the pre- approved CIPP system.. Page 61 Certified material test results shall be included that confirm that all materials conform to these specifications. Materials not complying with these requirements will be rejected. CIPP Short- Liners or segmental liners shall be of the same materials and meet the structural requirements of the full CIPP Tube liner. A3 Material Testing Requirements 1. Chemical Resistance -The CIPP shall meet the chemical resistance requirements of ASTM F1216, Appendix X2. CIPP samples for testing shall be of tube and resin system similar to that proposed for actual construction. It is required that CIPP samples with and without plastic coating meet these chemical testing requirements. 2. Hydraulic Capacity - Overall, the hydraulic profile shall be maintained as large as possible. The CIPP shall have a minimum of the full flow capacity of the original pipe before rehabilitation. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition. 3. CIPP Field Samples - When requested by the Owner, the Contractor shall submit test results from field installations in the USA of the same resin system and tube materials as proposed for the actual installation. These test results must verify that the CIPP physical properties specified in above have been achieved in previous field applications. Samples for this project shall be made and tested as described herein. 2631.3 CIPPS CONSTRUCTION REQUIREMENTS The Contractor shall clean the interior of the existing host pipe prior to installation of the CIPP liner. All debris and obstructions that will affect the installation and the final CIPP product shall be removed and disposed of. The CIPP liner shall be constructed of materials and methods, that when installed, shall provide a joint less and continuous structurally sound liner able to withstand all imposed static and dynamic loads on a long -term basis. A Installation of CIPPS Al Access It will be the responsibility of the Owner to locate and designate all manhole access points open and accessible for the work, and provide rights of access to these points. If a street must be closed to traffic because of the orientation of the sewer, the Contractor shall institute the actions necessary to do this for the mutually agreed time period. Traffic Control shall be the responsibility of the Contractor and shall conform to the latest revision of the MMUTCD and other provisions of this specification herein. The Contractor shall keep the roadway open to traffic at all times unless given prior approval by the Engineer. A2 Water Usage Water is available from the City at designated locations for cleaning, inversion, and other work items requiring water. Use of an approved double check backflow assembly shall be required. The Contractor shall provide his own approved assembly. The Contractor may use City water Page 62 but shall inform the Public Works Department of such use and obtain a meter for documenting water usage. No fees will be charged for water. A3 Cleaning of Sewer Lines The Contractor shall remove all internal debris from the pipe line that will interfere with the installation and the final product delivery of the CIPP as required in these specifications. Solid debris and deposits shall be removed from the system and disposed of properly by the Contractor. Moving material from manhole section to manhole section shall not be allowed. As applicable the contractor shall either plug or install a flow bypass pumping system to properly clean the pipe lines. The Contractor shall ensure that no debris is transferred downstream during cleaning operations. The Contractor shall use a vacuum vehicle or similar means to remove debris during cleaning operations. Precaution shall be taken, by the Contractor in the use of cleaning equipment to avoid damage to the existing pipe. The repair of any damage, caused by the cleaning equipment, shall be the responsibility of the Contractor. Disposal of the cleaning debris shall be in accordance with local, State and Federal Law and shall be incidental to the CIPPS. A4 Bypassing Wastewater The Contractor shall provide a by -pass for the flow of existing mainline and service connection effluent around the section or sections of pipe designated for CIPP installation. Installation of the liner shall not begin until the Contractor has installed a sewage by -pass system and all pumping facilities have been installed and tested under full operating conditions including the bypass of mainline and side sewer flows. Once the lining process has begun, existing sewage flows shall be maintained, until the resin /felt tube composite is fully cured, cooled down, fully televised and the CIPP ends finished. The Contractor shall coordinate sewer bypass and flow interruptions with the Engineer at least fourteen (14) days in advance and with the property owners and businesses at least three (3) business days in advance. The pump and bypass lines shall be of adequate capacity and size to handle peak flows. The Contractor shall submit a detail of the bypass plan and design to the Engineer prior to proceeding with any CIPP installation. Compensation for by -pass pumping and all associated plans and approvals shall be included in the price bid for CIPPS Installation. A5 Inspection of Pipelines Inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles, and service connections by closed circuit television. The interior of the pipeline shall be carefully inspected to determine the location of any conditions which may prevent proper installation of the CIPPS into the pipelines and it shall be noted so that these conditions can be corrected. A videotape and suitable log shall be kept for later reference by the Owner. The Owner has copies of a video inspection of the sewers to be relined, and these are available for prospective bidders. However, since the deterioration of sewer is an ongoing process, and roots, solids, and deposits can accumulate overtime, the Contractor shall base the design of the liner on inspections made immediately prior to installation. A6 Line Obstructions It shall be the responsibility of the Contractor to clear the line of obstructions such as solids and roots that will prevent the insertion of CIPP. If pre - installation inspection reveals an obstruction such as a protruding service connection, dropped joint, or a collapse that will prevent the Page 63 inversion process, that was not evident on the pre -bid video and it cannot be removed by conventional sewer cleaning equipment, if directed by the Owner, the Contractor shall make a point repair excavation to uncover and remove or repair the obstruction. Such excavation shall be approved in writing by the Owner's representative prior to the commencement of the work and shall be considered as a separate pay item. A7 Public Notification The Contractor shall make every effort to maintain service usage throughout the duration of the project. In the event that a service will be out of service, the maximum amount of time of no service shall be eight (8) hours for any property served by the sewer. A public notification program shall be implemented, and shall as a minimum, require the Contractor to be responsible for contacting each home or business connected to the sanitary sewer and informing them of the work to be conducted, and when the sewer will be off -line. The Contractor shall also provide the following: 1. Written notice to be delivered to each home or business the day prior to the beginning of work being conducted on the section, and a local telephone number of the Contractor they can call to discuss the project or any problem which could arise. 2. Personal contact with any home or business, which cannot be reconnected within the time stated in the written notice. The Contractor shall be responsible for confirming the locations of all branch service connections prior to installing and curing the CIPP. A8 Liner Installation CIPP installation shall be in accordance with the applicable ASTM standards with the following modifications: The wet -out tube shall be positioned in the pipeline using the method specified by the manufacturer. Care should be exercised not to damage the tube as a result of installation. The tube should be pulled -in or inverted through an existing manhole or approved access point and fully extend to the next designated manhole or termination point. If pulled into place, a power winch should be utilized and care should be exercised not to damage the tube as a result of pull -in friction. 2. Prior to installation and as recommended by the manufacturer remote temperature gauges or sensors shall be placed inside the host pipe to monitor the temperatures during the cure cycle. Liner and /or host pipe interface temperature shall be monitored and logged during curing of the liner. 3. Curing shall be accomplished by utilizing the appropriate medium in accordance with the manufacturer's recommended cure schedule. The curing source or in and output temperatures shall be monitored and logged during the cure cycles. The manufacturer's recommended cure schedule shall be used for each line segment installed, and the liner wall thickness and the existing ground conditions with regard to temperature, moisture level, and thermal conductivity of soil, per ASTM as applicable, shall be taken into account by the Contractor. Page 64 4. The Contractor shall remove protruding taps to the inside wall of the pipe. In no case shall the pipe be less than ninety five percent (95 %) open to flow. A9 Resin Impregnation The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage and the loss of resin through cracks and irregularities in the original pipe wall. A vacuum impregnation process shall be used. To insure a through wet -out, the point of vacuum shall be no further than twenty five feet (26) from the point of initial resin introductions. After vacuum in the tube is established, the vacuum points shall be no further than seventy five feet (75') from the leading edge of the resin. The leading edge of the resin slug shall be as near to perpendicular to the longitudinal axis of the tube as possible. A roller system shall be used to uniformly distribute tie resin throughout the tube. If the Installer proposes an alternate method of resin impregnation, the method must produce the same results and the method approved by the Engineer. A10 Cool Down The Contractor shall cool the CIPP in accordance with the manufacturer's recommendations. Temperatures and curing data shall be monitored and recorded, by the Contractor, throughout the installation process to ensure that each phase of the process is achieved as approved in accordance with the CIPP System manufacturer's recommendations. All Finishing Operations The installed CIPP shall be continuous over the entire length of a sewer line section and be free from visual defects such as foreign inclusions, dry spots, pinholes, major wrinkles and delamination. The lining shall be impervious and free of any leakage from the pipe to the surrounding ground or from the ground to inside the lined pipe. Any defect, which will or could affect the structural integrity or strength of the linings, shall be repaired at the Contractor's expense. The beginning and end of the CIPP shall be sealed to the existing host pipe. The sealing material shall be compatible with the pipe end and shall provide a watertight seal. If any of the service connections leak water between the host pipe and the installed liner, the connection mainline interface shall be sealed to provide a watertight connection. If the wall of the CIPP leaks, it shall be repaired or removed and replaced with a watertight pipe as recommended by the manufacture of the CIPP system. At all points where the liner pipe has been exposed (such as service connection fittings, or other points where the old pipe must be removed), the liner pipe and fittings shall be encased in cement - stabilized sand or other high density material as specified by the Engineer to prevent deflection due to difference in subsidence. After the encasement material is in place and accepted by the Engineer, backfill is placed and compacted to require finish grade in accordance with the specifications. Particular care should be taken to ensure compaction of earth beneath the lateral /service pipe in order to reduce subsidence and resultant bending at the lateral connection at the sewer main. Al2 Manhole Connections A seal, consisting of a resin mixture or hydrophilic seal compatible with the installed CIPP shall be applied at manhole walls in accordance with the CIPP System manufacturer's recommendations. Page 65 A13 Reconnections of Existing Services Services shall be identified by the Contractor prior to lining work. After the pipe has been reconstructed and tested, the service connections shall be reconnected. It is the Contractor's responsibility to make sure that all service connections are reconnected, unless otherwise directed by the Engineer. A CCTV camera and remote cutting tool shall be used for internal reconnections. The machined opening shall be at least ninety five percent (95 %) of the service connection opening and the bottom of both openings must match. The opening shall not be more than one hundred percent (100 %) of the service connection opening. The edges of the opening shall not have pipe fragments or liner fragments, which may obstruct flow or snag debris. In the event that service reinstatements result in openings that are greater than one hundred percent (100 %) of the service connection opening, the Contractor shall install a CIPP type repair, sufficiently in size to completely cover the over -cut service connection. No additional compensation will be paid for the repair of over -cut service connections. Discs of pipe material resulting from service tap cutting shall be collected at the next manhole downstream of the pipe rehabilitation operation prior to leaving the site. Discs shall not be allowed to pass through the system. A14 CIPP Short -Liner The CIPP short-liner shall meet the requirements of the full length CIPP liner and the following: 1. The Short-Liner shall be inserted into the existing sewer line with a power winch and steel cable attached to the end of the liner by use of an appropriate pulling head. Length of the liner to be inserted at any one time shall be governed by the length of the section in need of repair or the maximum length of the installation equipment considering the size and condition of the sewer. 2. A mobile installation unit shall be brought to the site ready to process the liner. The installation unit shall contain heat generating equipment, CCTV facility and other auxiliary miscellaneous equipment necessary for controlling processing of the Short- Liner pipe. The equipment shall be positioned next to the point of entry with minimum obstruction to the other side activities and shall be operated by trained personnel only. 3. The pressure shall be increased to compensate for the heating - cooling transition and it shall be maintained until the temperature at the lowest critical point is 100° F (38° C). This shall constitute completion of the Short-Liner pipe processing. The pipe within the pipe shall be tight fitting and adapted to the existing sewer pipe. B TESTING AND INSPECTION B1 Testing CIPP samples shall be prepared and tested in accordance with ASTM F1216, Section 8.1, using either method proposed. Leakage testing of the CIPP shall be accomplished during cure while under a positive head. CIPP products in which the pipe wall is cured while not in direct contact with the pressurizing fluid (e.g., a removable bladder) must be tested by an alternative method approved by the Engineer. Page 66 B2 Inspection Visual inspection of the CIPP shall be in accordance with ASTM F1216, Section 8.4. The relined pipe shall be continuous without joints through the entire pipe length. The liner shall be free of all visible defects except those resulting from pre -lined conditions which the Contractor has noted prior to lining. There shall be no pits, pinholes, cracks, or crazing, and the surface shall be smooth and free of waviness throughout the pipe. Any defects shall be repaired by the Contractor with no expense to the Owner. Where leakage is observed through the wall of the pipe, the contractor shall institute additional testing including but not limited to air testing, localized testing and any other testing that will verify the leak proof integrity of the installed CIPP to the satisfaction of the Owner. B3 Televising Prior to final acceptance of any sanitary sewer relining including short- liners, the Contractor shall inspect by means of remote closed circuit television equipment the entire segment of sanitary sewer, manhole -to manhole. Sewer shall be cleaned prior to inspection. A videotape of the inspection shall be furnished to the City. The following conditions shall apply to the sewer acceptance TV inspection: 1. The videotape shall be in a format to be decided by the Owner, that creates high quality picture and sound and shall be recorded in color. 2. The TV camera shall be pulled through the sewer at a maximum rate of thirty five feet (35') per minute. 3. The camera shall be pulled downstream in all cases. 4. The lens of the camera shall be cleaned at each manhole or when directed by the Owner. 5. The recording shall have an on- screen display showing the following: a. Upstream and downstream manhole numbers b. Footage from the upstream manhole C. Inspection date 6. Sewers shall not be televised within forty eight (48) hours of a rainfall event greater than one half inch ('/2'). 7. The CIPPS shall be re- televised one (1) month prior to expiration of the one -year warranty. A videotape and written report shall be supplied to the City. 2631.4 CIPPS METHOD OF MEASUREMENT Measurement for CIPP Lining shall be on a linear foot basis, to the nearest whole foot, measured from center of manhole to center of manhole. Page 67 2631.5 CIPPS BASIS OF PAYMENT The proposal form shall cover all work shown on the contract drawings, specifications, and Special Provisions. All costs associated with the work including furnishing of all materials, providing all construction and equipment, and performing all necessary labor, coordination, supervision, and management to fully complete the work, shall be included in the unit or lump sum prices quoted in the proposal form. This work shall include restoration of all surfaces to their original condition or better. Reconnection of all existing services shall be considered incidental to the CIPPS. All work not specifically set forth as a pay item in the proposal form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the amounts and prices submitted in the proposal form. The following methods of measurement for payment will be used to derive the quantities installed: 1. Site Protection and Restoration a) No separate payment will be made for protection and restoration of roadway surfaces, curb and gutter, landscaping, and other site features unless otherwise specified. 2. Spot Repair to existing pipe a) Bid items have been provided in the proposal for removal and replacement of pipe as Spot or Point Repairs. No additional compensation will be granted for repairs. 3. Cured -in -Place Pipe System (CIPPS) a) Payment shall be made at the unit price as listed on the proposal. All work related to the cleaning, installation and acceptance of the system as a whole shall be considered incidental to CIPPS installation. b) Payment for re- instatement of services shall be at the unit price listed on the proposal per each service, and shall be compensation in full for all materials, labor, equipment, and maintenance necessary to complete the work as required by the plans or required by the Engineer. c) Payment for Short -Liner installations shall be made at the unit price listed on the proposal and shall be compensation in full for all materials, labor, equipment, and maintenance necessary to complete the work as required by the plans or required by the Engineer. Page 68 SECTION 2641 — STANDARD SPECIFICATIONS FOR PIPELINE REHABILITATION BY PIPE BURSTING 2641.1 DESCRIPTION A General All references to MnDOT Specifications shall mean the latest published edition of the Minnesota Department of Transportation "Standard Specifications for Construction ", and all supplements and amendments thereto, published prior to the date of advertisement for bids. This specification shall cover the rehabilitation of existing gravity and pressure utility pipelines using pipe bursting methods. Pipe bursting is a process by which the bursting unit fractures the existing pipe while simultaneously installing a new pipe of the same size or larger size pipe in the place of the existing pipe. Existing lateral and service connections are disconnected prior to mainline pipe bursting to reduce lateral pipe /service pipe damage, then reconnected after testing and disinfection of the new pipe as applicable is approved, television inspection of the new pipe is performed, and the installation is completed in accordance with the contract documents. 2641.2 QUALIFICATIONS The Contractor shall be certified by the particular Pipe Bursting System Manufacturer as a fully trained installer of the pipe bursting system. The Contractor shall provide certifications of training and proficiency in the use of the equipment. Only the Contractor's employees that are trained and certified shall operate the equipment. The Contractor shall have a minimum of five (5) years' experience using the pipe- bursting method proposed and shall have installed no less than 50,000 feet by this method. 2641.3 MATERIALS Pipe materials meet the requirements described in Sections 2611.2 and 2621.2 of these specifications, and as provided in the Special Provisions and the following: 1. Sizes of the new pipe insertions shall be such to renew the pipe mainline to greater than the original flow capacity. 2. All pipe and fittings shall be made of virgin material. No rework except that obtained from the manufacturer's own production of the same formulation shall be used. 3. The pipe shall be homogenous throughout and shall be free of visible cracks, holes, foreign material, blisters, or other deleterious faults. 4. Tensile strength of the pipe shall be in accordance with manufacturer's recommendation for the specified purpose and method of installation. 5. Material color shall be as specified with interior of pipe having a light reflective color to allow for viewing for television inspection. The fused pipe joints shall be de- beaded to reduce collection of sediment and allow a camera to pass during inspection. Page 69 6. The Contractor shall consult with the selected pipe bursting equipment manufacturer regarding recommendations for the installation of pipe materials specified. 2641.4 SUBMITTALS The Contractor shall submit the following: 1. Tests for compliance with this specification shall be made as specified herein and in accordance with the applicable ASTM Specification. A certificate from the manufacturer indicating the materials furnished meet.the requirements of these specifications. 2. Shop drawings, catalog data, and manufacturer's technical data showing complete information on material composition, physical properties, and dimensions of new pipe and fittings. Include manufacturer's recommendations for handling, storage, and repair of pipe and fittings damaged. 3. Certification of Contractor and assigned personnel training for installing pipe. 4. Detailed submittal of the procedures and method proposed by the Contractor to burst the existing pipe and insert the new pipe. 5. Television inspection reports and video made of the existing pipe and after new pipe installation. 2641.5 DELIVERY, STORAGE, AND HANDLING The Contactor shall transport, handle, and store pipe and fittings as recommended by the manufacturer. If new pipe and fittings become damaged before or during installation, it shall be repaired as recommended by the manufacturer or replaced as required by the Engineer at the Contractor's expense, before proceeding further. Deliver, store and handle other materials as required to prevent damage. 2641.6 LICENSE AGREEMENTS The Contractor shall submit evidence acceptable to the Owner, such as a certified copy of a license or agreement that it has the authority to use the proposed method from the patent holder and licensed manufacturer. The Contractor agrees to defend, indemnify, and hold harmless the Owner and the Engineer against all claims, suits, and actions or other damages as a result of negligence of any person or property arising out of patent infringement by the Contractor or the Contractor's employee's, agents, the suppliers, or any tier of subcontractors involved in the work. 2641.7 CONSTRUCTION REQUIREMENTS Before excavation is started, it will be the responsibility of the Contractor to check with the various utility companies and determine the location and depth of the existing utilities in the vicinity of the work area. Damage to utilities and the resulting repair, temporary service cost, etc., shall be borne by the Contractor. Access pits shall be backfilled in accordance with Section 2600, Trench Excavation and Backfill. Page 70 All excavations shall be properly sheeted /shored in accordance with relevant specifications for trench safety systems. Any damage resulting from improperly shored excavations shall be corrected to the satisfaction of the Engineer with no compensation to the Contractor. All open excavations shall be kept secure at all times by the use of barricades and fencing with appropriate lights and signs, construction tape, covering with steel plates, etc., or as directed by the Engineer. All lateral and service connections shall be identified, located and excavated prior to the pipe insertion to expedite reconnection. The Contractor shall use excavation methods that will not create a rise or sag at the service or lateral connection for gravity sewers. A rise or sag in the sewer will be repaired by the contractor at no expense to the Owner, in a manner approved by the Engineer. The location and number of insertion and receiving excavations shall be planned by the Contractor and submitted in writing for approval by the Engineer at least ten (10) days prior to excavation. One (1) or more receiving pits shall be excavated at the end(s) of the pipe to be replaced or at appropriate points within the length of the existing pipe. Pit shall be centered over the existing pipe. The number of pits for machine and pipe insertion shall be the minimum necessary to most efficiently accomplish the work. The Contractor shall give consideration to the use of excavation required for other purposes such as for sanitary sewer service reconnections and manhole replacement. Where manholes are used as machine or new pipe insertion pits, the Contractor shall identify such manholes and replace them at no additional cost to the Owner if damaged. Any manhole modification or replacement required shall be considered incidental to the installation of the new pipe. Equipment used to perform the work shall be located away from buildings so as not to create noise impact. Provide a silent engine compartment to reduce machine noise as required to meet local requirements. The Contractor shall install all pulleys, rollers, bumpers, alignment control devices, and other equipment required to protect existing manholes and pipe components not intended for removal /replacement, and to protect the new pipe from damage during installation. Lubrication may be used as recommended by the manufacturer. If lubrication is used for insertion, the Contractor shall ensure that the lubricant does not backfill existing services. Under no circumstances will the pipe be stressed beyond eighty percent (80 %) of its elastic limit as published and recommended by the manufacturer. Pipe insertion shall be continuous and without interruption from manhole to manhole for sewers, or junction to junction for watermain, except as approved by the Engineer. Upon completion of insertion of the new pipe, and after the relaxation period, the Contractor shall expedite the reconnection of laterals and services so as to minimize any inconvenience to customers. Connection of services shall be in accordance with Sections 2611 and 2621 of these specifications and as provided in the Special Provisions. The installed pipe shall be allowed the manufacturer's recommended amount of time, but not less than four (4) hours, for cooling and relaxation due to tensile stressing prior to any reconnection of service lines, sealing of the annulus or backfilling of the insertion pit. Sufficient Page 71 excess length of new pipe, but not less than four inches (4 "), shall be allowed to protrude into manholes. Restraint of pipe ends shall be achieved by means of electrofusion couplings. The electrofusion couplings shall be slipped over pipe ends against manhole wall and fused in place. Installation of electrofusion couplings shall be done in accordance with the manufacturers recommended procedures. Following the relaxation period, the annular space at the manhole shall be sealed. Sealing shall be made with material approved by the Engineer and shall extend a minimum of eight inches (8 ") into the manhole wall in such a manner as to form a smooth, uniform, watertight joint. Fused pipe joints shall be de- beaded to create a smooth flow line. There shall be no ridges or burrs from the fusion method exposed on the interior of the pipe following installation. Tracer wire shall be installed with the pipe in accordance with 2611 and 2621. Equipment: The pipe bursting tool shall increase the external dimensions sufficiently, causing breakage of the existing pipe at the same time expanding the surrounding ground. Simultaneously, the new pipe, directly attached to the expander, shall also move forward. See manufacturer's specifications for what size tool should be used in what diameter of pipe, as well as parameters of what size tool for percentage of upsize allowed. The bursting head shall incorporate a shield /expander to prevent collapse of the hole ahead of the pipe insertion. Bypass Pumping: The Contractor, when and where required for sanitary sewer replacement, shall provide diversion for the pipe bursting /replacement process. The pumps and by -pass lines shall be of adequate capacity and size to handle all flows. All costs for by -pass pumping required during installation of the pipe shall be incidental to the installation of the pipe, unless otherwise provided in the Special Provisions. Temporary Water: The Contractor when and where required for watermain replacement, shall provide all labor, materials, and equipment associated with managing, constructing, and maintaining a temporary potable water distribution system for all existing water users which must be taken out of service for a period exceeding eight (8) hours, or as required at the discretion of the Engineer. All costs to provide temporary water required during installation of the pipe shall be incidental to the installation of the pipe, unless otherwise provided in the Special Provisions. 2641.8 TESTING AND INSPECTION Testing: Tests for compliance with this specification shall be made as described herein and in accordance with the applicable ASTM Specification. A certificate with this specification shall be furnished, upon request, by the manufacturer for all material furnished under this specification. Inspection: Video inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles, and service connections by closed circuit color television. Video inspection shall include the following: • Two (2) copies of the DVD's in mpeg4 format (post) to be submitted to the Owner before final invoice. Page 72 • DVD's are to remain property of the Owner; Contractor to retain second copy. • All flows tributary to reach of sewer being inspected are to be completely by- passed around the reach during inspection if necessary and required by the Owner. Pre - construction video of the existing pipe and post construction video inspection upon completion of reconstruction of each reach of pipe, with the voice description, with stationing of services indicated. Data and stationing to be on video. • Should any portion of the video inspection be of inadequate quality or coverage, as determined by the Owner the Contractor will have the portion re- inspected and video recorded at no additional expense to the Owner. 2641.9 METHOD OF MEASUREMENT Measurement for pipe bursting shall be on a linear foot basis, to the nearest whole foot, measured from center of manhole to center of manhole or junction point to junction point as indicated on the plans. 2641.10 BASIS OF PAYMENT Pipe Bursting: The work performed as prescribed by this item will be paid for by the linear foot at the unit price bid for the pipe bursting /replacement at the specified pipe diameter and location which price shall be full compensation for the installation of the new pipe, furnishing and placing of all materials, labor, tools, equipment, cleaning, and preparation of the existing pipe to receive the new pipe, tracer wire, pipe bedding, backfill material, annulus sealing material and launching pits, and video inspection of final installed pipe, bypass pumping, temporary water distribution, traffic control, sealing at manholes, locating, excavating, disconnecting, testing in accordance with the Contract Documents, and all else incidental thereto for which separate payment is not provided under other Items in the Bid Form. Page 73 DIVISION 2 SPECIAL PROVISIONS TABLE OF CONTENTS GENERAL............................................................................ ............................... 2 SITECONDITIONS ........................................................................................................ ..............................2 2021 — MOBILIZATION ...................................................................... ............................... ................. .......2 2101 —CLEARING AND GRUBBING ............................................... ............................... ............,,,...,..,...3 2104 — REMOVE MISCELLANEOUS STRUCTURES ....... ............................... 2105 — COMMON EXCAVATION ....................................... ............................... 2451 — FILTER MEDIA SPECIAL ....................................... ............................... 2502 — PIPE DRAIN AND CLEANOUTS ............................ .............................a. 2505 — UTILITY COORDINATION ..................................... ............................... 2506 — (CEAM) 2621 MANHOLES AND CATCH BASINS (CONNECTIONS)... 2575 — EROSION CONTROL BLANKET (CATEGORY 3) . ............................... 2571 — PERENNIAL PLUGS .............................................. ............................... 2575 — MULCH MATERIAL TYPE 1 ................................... ............................... 2575 — EROSION CONTROL BLANKET (CATEGORY 3) . ............................... 2575 — CUSTOM SEED MIX 2 ........................................... ............................... 2575 — TURF REINFORCEMENT MAT CATEGORY 4 ..... ............................... 2575 — PLANT MANAGEMENT — YEAR 1 ....................... ............................... 2575 — PLANT MANAGEMENT — YEAR 2 ......................... ............................... SILVER LAKE BOAT LANDING STORMWATER RETROIFITS CITY OF COLUMBIA HEIGHTS, MN WSB PROJECT NO. 011552 -000 ...... ...............4 ...................... .......4 5 ..............................6 6 . ..............................7 ........... ...,...x ................7 ..............8 8 ........... ..............................9 10 DIVISION 2 SPECIAL PROVISIONS PAGE 1 DIVISION 2 SPECIAL PROVISIONS GENERAL This work shall be done in accordance with the Minnesota Department of Transportation's "Standard Specifications for Construction" (referenced "MnDOT ") 2018 Edition and any amendments thereto, and the "City Engineers Association of Minnesota Construction Standard Specifications" as published by the League of Minnesota Cities 2013 Edition, or as modified herein. SITE CONDITIONS DESCRIPTION The CONTRACTOR shall accept the site in its present condition and accept responsibility for all utilities within the construction limits for the duration of the project. The CONTRACTOR shall perform all clearing, excavating, filling, backfilling, and grading necessary for the paving and pipe work in accordance with this Project Manual and in conformity with the dimensions and finish grades shown on the drawings. For the duration of the project, adequate site drainage must be maintained at all times. Excavation shall include dewatering, sheeting, and shoring as necessary to provide space for required construction procedures. CONSTRUCTION REQUIREMENTS Soil Conditions: Copies of the soil boring logs have been bound as an Appendix to this Project Manual. , Data on indicated subsurface conditions are not intended as representations or warranties of accuracy of or continuity between soil borings. It is expressly understood that OWNER or ENGINEER will not be responsible for interpretation or conclusions drawn by the CONTRACTOR. Data is made available for convenience of CONTRACTOR. It shall be the CONTRACTOR's responsibility to determine to his own satisfaction the location and nature of all surface and subsurface obstacles and the soils and water conditions that may be encountered during the construction. Additional soil borings and other exploratory operations may be made by the CONTRACTOR at the CONTRACTOR'S expense. 2021 — MOBILIZATION 2021.1 — DESCRIPTION This item shall consist of preparatory work and operations, personnel, equipment, supplies, and incidentals to the project site. Clearing and grubbing is incidental to this bid item. This item also includes protection of the project during construction, including temporary erosion and sediment control, daily street sweeping, and protecting the integrity of the stormwater ponds during construction. No additional compensation will be given for these items. The replacement and /or restoration of damaged property shall be considered incidental to the Mobilization bid item and shall not incur any additional payments from the Owner. The Contractor must notify the property owner of any and all damage to their property, as well as a plan to fix said damage, within twenty -four (24) hours of damage. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 2 CITY OF COLUMBIA HEIGHTS, MN SPECIAL PROVISIONS WSB PROJECT NO. 011552 -000 PAGE 2 2101 _ CLEARING AND GRUBBING 2105.1 — DESCRIPTION This item consists of removing trees and vegetation as necessary for excavation and construction of the stormwater ponds as shown on the plans or directed by the Engineer. 2105.3 — CONSTRUCTION REQUIREMENTS Clearing and grubbing Contractor is encouraged to visit the site prior to bidding to observe the extent of tree and brush coverage within the construction limits. Clearing and grubbing is defined as removing and disposing of trees, shrubs, brush, stumps, roots, windfalls, and other plant life, including dead and decayed matter, that exists within the construction areas which are not specifically designated to remain. This work shall be done in accordance with MnDOT Spec. 2101. The Engineer will establish the ROW lines and construction limits within which the clearing and grubbing operations are to be confined. The Contractor shall protect that which is to remain in accordance with MnDOT 1712, and shall conduct all clearing and grubbing operations in a manner that will not damage or jeopardize the surrounding plant life and property. The Contractor shall trim trees as directed by the Engineer. Branches that require cutting will be cut at the trunk of the tree. The Contractor is responsible for disposal of the branches. At the same time the Contractor should prune off, as directed, any low hanging, unsound, or unsightly branches on the trees and shrubs designated to remain. No trees shall be removed unless approved by the Engineer. Brush should be defined as all bushes, shrubs and other vegetation that can be cut with a brush scythe or mowing machine, together with isolated trees less than the size defined as significant, above. All brush should be cut off within 6 inches of the ground surface. The grubbing operations shall consist of removing and disposing of the stumps, roots and other remains in the designated areas to the right -of -way line. Unless otherwise permitted, stumps shall be removed completely. Except in areas to be excavated, all depressions resulting from the grubbing operations shall be backfilled with suitable material and compacted to the satisfaction of the Engineer. This work item is considered incidental to the grubbing operations. It shall be determined that the clearing and grubbing has been satisfactorily completed before permitting grading operations in a given area to start. Any trees or shrubs within a clearing area that are designated to be preserved are to be identified and marked by the Engineer. Such markings may consist of tying or attaching to the tree, where it will be readily visible, a suitable placard or tag bearing the word SAVE. If, in the opinion of the Engineer, the Contractor operates in a reckless manner which results in damage to a tree, the tree shall be removed and replaced with a City- approved tree at the Contractor's expense 2105.5 — BASIS OF PAYMENT Clearing and Grubbing: Payment for clearing and grubbing shall be paid for by lump sum at the Contract unit price. No additional payment will be made for multiple mobilizations. Tree and Shrub Trimming: Tree and shrub trimming shall be incidental and no payment shall be made. Brush Removal: Brush removal within the grading limits shall be incidental and no payment shall be made. Tree Protection: Tree protection shall be incidental and no payment shall be made. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 2 CITY OF COLUMBIA HEIGHTS, MN SPECIAL PROVISIONS WSB PROJECT NO. 011552 -000 PAGE 3 2104 — REMOVE MISCELLANEOUS STRUCTURES 2104.1 — DESCRIPTION This work consists of the removal and disposal of various miscellaneous structures within the construction limits as called out in the plan. 2104.3 — CONSTRUCTION REQUIREMENTS The removal and disposal of concrete stilling basin, inlet structure, concrete curb and gutter with concrete weir, chain link fence, and aprons within the pond are included in this spec. 2104.5 — BASIS OF PAYMENT All materials, equipment, disposals, and labor needed for removing the miscellaneous structures will be paid under the lump sum for the Remove Miscellaneous Structures bid item. 2105 — COMMON EXCAVATION 2105.1 — DESCRIPTION All excavation and grading work associated with this project shall be classified as Common Excavation, including but not limited to, removal of excavated material for the underground treatment system and its embankments, proper disposal of materials, grading and embankment shaping. 2105.2 — MATERIALS Common Excavation: Common excavation shall consist of all excavations from the existing grade to allow for the construction of the proposed stormwater filtration system. 2105.3 — CONSTRUCTION REQUIREMENTS General: Prior to the commencement of the excavations, topsoil shall be stripped and stockpiled for re- spreading upon the graded area. Access to the pond shall be coordinated with the Owner. Construction, maintenance, and restoration of access /haul roads as well as regular street sweeping to minimize tracking of material will be considered incidental to mobilization; seeding and seed mix will be paid for at the unit bid price. This does not include "Stabilized Construction Exit" which will be paid for separately on an "each" basis. Finishing Operations: Stripping, salvaging, stockpiling, and re- spreading of topsoil and other fill shall be considered incidental to payment for the common excavation. Miscellaneous Debris: The area to be excavated may contain limited miscellaneous debris not indicated in plans or specifications that has been dumped by unknown persons previously. The Contractor will be required to remove, sort, store, and transport this debris to an approved landfill at his own expense, up to fifty (50) cubic yards. The Owner will pay the fees associated with the disposal. The Contractor must notify the Engineer prior to removing the debris from the site in order for the debris to be counted against the fifty (50) cubic yard limit. In the event that hazardous materials are encountered that are not noted within the plans or specifications, and if these materials cannot be disposed of at a construction debris landfill or traditional landfill, the Contractor shall notify the Engineer immediately. If special disposal is necessary, the City and the Contractor will negotiate a cost to complete the additional work, and the contractor will be required to complete the special excavation /disposal consistent with MCPA and MDH requirements or hire a certified subcontractor to complete the work. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 2 CITY OF COLUMBIA HEIGHTS, MN SPECIAL PROVISIONS WSB PROJECT NO. 011552 -000 PAGE 4 2105.5 — BASIS OF PAYMENT Common Excavation: Common excavation shall be compensation in full for all labor, materials, and equipment necessary to excavate, haul material off site, and backfill as necessary. Quantities are specified as Loose Volume. No compensation will be made for material that is stockpiled and used for backfill. If the Contractor hauls too much material off -site and then needs to haul in material for backfill /grading, this will be done at the Contractor's expense. Potholing: Potholing to locate existing utilities shall be incidental to the project and may be completed at the direction of the Engineer. 2451 — FILTER MEDIA SPECIAL 2451.2 — MATERIALS Filter media shall be iron enhanced Iron fillings shall be Connelly GPM ETI — CC — 1004 ( -8 +50) or approved equal. Filtration medium shall consist of a blend of five percent (5 %) iron fillings by mass ratio with ninety five percent (95 %) select granular borrow (ASTM C -33 Course Wash Sand). 2451.3 - CONSTRUCTION REQUIREMENTS Prior to placement of Filter Media, the Contractor will review and confirm the placement of EPDM Liner, perforated pipe drain, clean outs, drainage structures, and associated appurtenances. Contactor shall be responsible to ensure filter media is well mixed and has uniformity throughout the mixture. The filter area shall be graded as flat as possible to allow for evenly distributed flow and water level. 2451.5 - BASIS OF PAYMENT Filter Media Special shall be compensation in full for all labor, materials, and equipment necessary to haul material to site and install material as necessary meet the section and proposed grades as shown in the plans. Filter Media Special shall be measured by the in -place quantity constructed. 2502 — PIPE DRAIN AND CLEANOUTS 2502.1 — DESCRIPTION This work shall consist of constructing 6" PERFORATED PVC PIPE DRAIN, and 6" PVC PIPE DRAIN CLEANOUT. 2502.2 — MATERIALS Solid piping shall be PVC Schedule 40. All PVC to PVC connections shall be solvent welded. Provide watertight connection of solid PVC to Structure 7. Miscellaneous pipe fitting such as tees, elbows, couplings, etc. needed to make piping connections are considered incidental costs to install piping. Extend solid 6" PVC vertically eighteen inches (18 ") above surface of the biofiltration basin and provide removable vent cap. (6" ProVent or approved equal) 2502.5 — BASIS OF PAYMENT Payment for 6" PVC PERFORATED PIPE DRAIN shall be at the respective unit price per linear foot. Payment for the cleanouts shall be at the contract unit price. The pay item for all cleanouts (vented or standard) shall be at the contract unit price for 6" PVC PIPE DRAIN CLEANOUT. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 2 CITY OF COLUMBIA HEIGHTS, MN SPECIAL PROVISIONS WSB PROJECT NO. 011552 -000 PAGE 5 2505 — UTILITY COORDINATION 2505.1 — DESCRIPTION Utility Coordination: The Contractor shall coordinate his /her activities with the activities of all utility owners present within the project limits. This includes delays associated with scheduling conflicts, fees charge by utility owners for construction services, and all time necessary to communicate and work with utility owners within the project limits. The plans show only known underground utilities, public and private, and the locations are approximate. No assurance is given that additional underground facilities do not exist. The Contractor shall make his /her own investigation to determine to what extent existing utilities shall affect his work. The location, protection, maintenance and /or repair, if damaged, of all in -place utilities shall be the responsibility of the Contractor. Where construction operations require the interruption of service of a utility, the Contractor shall notify that utility at least forty -eight (48) hours before the interruption and shall advise him of the probable time when the service will be restored. 2506 -- CEAM 262.1 MANHOLES AND CATCH BASINS CONNECTIONS The provisions of CEAM 2621 are modified and /or supplemented with the following: 2575.1 — (CEAM 2621.1) DESCRIPTION The provisions of 2621.1 are supplemented with the following: The provision herein shall be applicable to all work necessary to construct connections of existing storm sewer facilities to now or repaired storm sewer facilities. 2575.3 — CONSTRUCTION REQUIREMENTS The provisions of 2621.3 are supplemented with the following: All surplus excavated materials not required for backfill shall be disposed of by the contractor at no expense to the owner and in a manner satisfactory to the Engineer. All costs associated with the disposal of the surplus excavated materials are considered incidental to the pay item. Connect into Existing Storm Sewer: When connecting to an existing storm sewer stub the contractor shall verify invert elevation, line, and grade of the existing stub to ensure that the installation of the proposed sewer facility can be constructed according to the plan requirements. The Contractor shall immediately inform the Engineer of any deviation from the plan requirements due to the existing stub. In the evenet that the existing sewer stub doesn't facilitate the construction as planned, the contractor shall submit to the engineer unit prices for the removal and replacement of the stub to facilitate construction as planned if no unit bid prices are included in the awarded contract. The contractor shall be held liable for any damage caused to the existing structure or any existing pipe due to negligence on the part of the Contractor. Replacement or repairing of any damage caused to existing facilities when ordered by the project representation of the engineer shall be at the contractor's own cost. 2575.5 — (CEAM 2621 -5) BASIS OF PAYMENT The provisions of 2621.5 are supplemented with the following: SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 2 CITY OF COLUMBIA HEIGHTS, MN SPECIAL PROVISIONS WSB PROJECT NO. 011552 -000 PAGE 6 Payment for connect into existing storm sewer at the contract price per each storm sewer pipe connection to an existing drainage structure, and will be compensation in full for all labor, equipment and materials necessary to make the connection, including the repair and pouring of storm sewer inverts. It 0 0 10 •� 2575.2 — MATERIALS Erosion control blankets used on this project shall be straw or wood fiber and natural netting only. 2575.3 —CONSTRUCTION REQUIREMENTS Erosion control blanket shall not be placed on frozen ground unless otherwise directed by the engineer. Erosion control blanket shall be used in the spring during final stabilization and seeding. Temporary stabilization prior to spring is required. Mulch shall be used for temporary stabilization. 2575.5 — BASIS OF PAYMENT Erosion Control Blankets (all types) will be measured by the ground area covered (Square Yard), regardless of the amount of blanket used. See plans for specific installation procedures. 2571 — PERENNIAL PLUGS 2571.1 - DESCRIPTION OF WORK The CONTRACTOR shall furnish, plant, and guarantee the viability of shrubs and perennials as part of this project in the areas indicated on the plans and as directed by the ENGINEER. 2571.2 - MATERIALS Container -grown shrubs and perennials that may be included in this project are listed below General Planting: • Red- Twigged Dogwood, AKA Red osier dogwood (Cornus sericea 'Isanti') • Arctic Willow (Salix purpurea 'Nana ") • Swamp Milkweed (Asclepias incarnate) • Brown Fox Sedge (Carex vulpinoidea) • Purple Coneflower (Echinacea purpurea) • Joe Pye Weed (Eupatorium maculatum) • Wild Wine Blue Flag (Iris versicolor'Wild Wine) • Blue Vervain (Verbena hastate) • Bluejoint Reed Grass (Calamagrostis canadensis) • Switch Grass (Panicum virgatum) • Indian Grass (Sorghastrum nutans) • Prairie Dropseed (Sporobolus heterolepis) Shrubs and perennials must be installed per MnDOT Spec 2571. All plants to be installed shall be standard container grown in the size listed in the plant schedule. 2571.3 - CONSTRUCTION REQUIREMENTS The CONTRACTOR is responsible for watering planted shrubs and perennials. The CONTRACTOR is responsible for the health of all planted shrubs and perennials for two (2) years from the planting date that the last shrub and perennial was planted. CONTRACTOR will be required to replant all plants that have not survived due to negligent maintenance. The CONTRACTOR must keep detailed records of all maintenance and management activities related to the planted shrubs. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 2 CITY OF COLUMBIA HEIGHTS, MN SPECIAL PROVISIONS WSB PROJECT NO. 011552 -000 PAGE 7 2571.5 - BASIS OF PAYMENT Shrub and perennial planting to consist of all activities associated with planting and maintaining described herein. This includes all materials, machine time, and labor. Shrubs and perennials shall be both measured and paid for by each planted. Payment shall be made in half when the plants are furnished and installed per these specifications and plans. Payment will be made in whole once at least ninety percent (90 %) of all planted shrubs and perennials have demonstrated satisfactory growth during the first growing season. 2575 — MULCH MATERIAL TYPE 1 2575.1 - DESCRIPTION OF WORK The CONTRACTOR shall use Mulch Material to cover the seeding on slopes flatter than four to one (4:1) and in locations as directed by the ENGINEER. 2575.2 - MATERIALS Type 1 mulch shall consist of grain straw, hay, cuttings of agricultural grasses and legumes. The material shall be free of seed bearing stalks of noxious grasses or weeds as defined by the rules and regulations of the Minnesota Department of Agriculture. This Specification covers mulch material for controlling erosion and establishing vegetative cover and will be placed as shown on the plans or as directed by the ENGINEER. 2575.3 - CONSTRUCTION REQUIREMENTS As conditions allow, the CONTRACTOR shall secure the mulch into the soil to the maximum extent practicable. This includes using disk anchors or manually securing mulch with hand tools. 2575.4 - BASIS OF PAYMENT Mulch material will be measured by the furnished and applied weight. Mulch will be applied at a rate of two (2) tons per acre. Mulch material will be paid for at the Contract price per ton applied. 2575 — EROSION CONTROL BLANKET ICATEGORY 3 2575.1 - DESCRIPTION OF WORK The CONTRACTOR shall use Category 3 Erosion Control Blanket to stabilize seeded areas with slopes flatter than THREE to one (3:1) (H:V) and steeper than four to one (4:1) (H:V). Use of and locations of this blanket will be staked and /or directed in the field by the ENGINEER. 2575.2 - MATERIALS Erosion control blankets used on this project shall be natural netting only. 2575.5 BASIS OF PAYMENT Erosion Control Blanket (Category 3) will be measured by the ground area covered in Square Yard, regardless of the amount of blanket used. See plans for specific installation procedures. The CONTRACTOR may propose alternate methods to ensure seeds are secure and erosion of the underlying soils is prevented. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 2 CITY OF COLUMBIA HEIGHTS, MN SPECIAL PROVISIONS WSB PROJECT NO. 011552 -000 PAGE 8 2575 — CUSTOM SEED MIX 2 2575.1 — DESCRIPTION The CONTRACTOR shall furnish, plan, and guarantee the establishment and viability of the native seed to produce a vegetated buffer around the wet pond and the biofiltration basin. The approximate location of the custom seed mix planting area is identified on the plans and will be staked or directed in the field. 2575.3 — CONSTRUCTION REQUIREMENTS As part of seed preparation, the seed bed shall be loosened to a point that there are spaces for the seed to filter into cracks and crevices. Lightly till the soil where needed to create an open seedbed. It is anticipated that this activity may need to be performed by hand. Harrow or rake the soil to create a smooth seedbed. It is anticipated this activity may need to be performed by hand. The CONTRACTOR shall take precaution to avoid spreading seeds into the pond. The CONTRACTOR shall ensure that all areas that are seeded are stabilized with blanket or mulch soon after — within twenty -four (24) hours — of seed placement. CONTRACTOR shall avoid planting during high creek flows or within forty -eight (48) hours of forecasted measurable rain. Custom seed mix shall be permanently stabilized with Category 3N Erosion Control Blanket. The CONTRACTOR must only use natural netting sediment control logs and rolled erosion control products for stabilization, as in MNDOT Spec 3885 and 3897. The seed mix shall only contain narrow - leaved species to prevent competition with wild rice. Seeding shall occur between elevations 847 and 843, no greater than twenty feet (20') waterward from the OHW. The Custom Seed Mix shall contain the following: All seed mixes shall contain a cover crop of quickly growing seed, such as seed mix 21 -111 or rye grass that shall be placed with the native seed at an application rate of fifty (50) pounds per acre. The seeding rate for Custom Seed Mix 2 is 17.5 lb/ac. ACCEPTANCE CRITERIA The CONTRACTOR shall be solely responsible for replacement and /or repair of any seeded area that may wash out, erode, or fail to grow prior to acceptance with no additional compensation therefore. This includes areas that may wash away due to heavy rains or high creek flow. As part of the seeding bid items, the CONTRACTOR shall ensure satisfactory initial establishment of vegetation. The ENGINEER shall identify areas deemed as satisfactory growth. Insufficient establishment shall be defined as any spots, areas, or patches that have shorter, sparser, or otherwise limited establishment relative to satisfactory areas. The CONTRACTOR must repair all areas that have insufficient establishment as directed by ENGINEER, within seven (7) days of being notified of said insufficient growth. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 2 CITY OF COLUMBIA HEIGHTS, MN SPECIAL PROVISIONS WSB PROJECT NO. 011552 -000 PAGE 9 % of Mix (by Common Name Scientific Name Ounces weight) Little Bluestem Beckmannia s zi achne 0.40 40 Side oats Leersia o zoides 0.35 35 Blue Grama GI ceria arandis 0.15 15 Poverty Oat Grass Grasses Subtotal ............ 0.05 5 June Grass Bolboschoenus fluviatilis 0.03 3 Sand Dropseed Schoeno lectus tabernaemontani 0.02 2 Total 1.01 100.00 « All seed will be applied by broadcasting at the rates specified herein and /or in the plans. The CONTRACTOR shall ensure an even and distribution of seeds in all areas that are seeded. All seed mixes shall contain a cover crop of quickly growing seed, such as seed mix 21 -111 or rye grass that shall be placed with the native seed at an application rate of fifty (50) pounds per acre. The seeding rate for Custom Seed Mix 2 is 17.5 lb/ac. ACCEPTANCE CRITERIA The CONTRACTOR shall be solely responsible for replacement and /or repair of any seeded area that may wash out, erode, or fail to grow prior to acceptance with no additional compensation therefore. This includes areas that may wash away due to heavy rains or high creek flow. As part of the seeding bid items, the CONTRACTOR shall ensure satisfactory initial establishment of vegetation. The ENGINEER shall identify areas deemed as satisfactory growth. Insufficient establishment shall be defined as any spots, areas, or patches that have shorter, sparser, or otherwise limited establishment relative to satisfactory areas. The CONTRACTOR must repair all areas that have insufficient establishment as directed by ENGINEER, within seven (7) days of being notified of said insufficient growth. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 2 CITY OF COLUMBIA HEIGHTS, MN SPECIAL PROVISIONS WSB PROJECT NO. 011552 -000 PAGE 9 The CONTRACTOR shall guarantee that, by the end of the first growing season, at least ninety percent (90 %) of seeded areas have uniform plant cover (native or cover crop) and seedlings of at least fifty percent (50 %) of planted species are present and widely distributed. The CONTRACTOR is responsible for successful establishment of the seed and shall replace all unsuccessful seeding until adequate native vegetation is established. This includes watering the areas as necessary and as directed by the ENGINEER to promote growth. The CONTRACTOR maintenance period for all planted areas shall be for two (2) years from the date of final restoration. 2575.4 — METHOD OF MEASUREMENT The custom seed mix shall be measured and paid for the by the pounds placed in the designated areas to be properly seeded and have established successfully. This shall include soil preparation, application of seed, watering, and assurance of adequate establishment. 2575.5 — BASIS OF PAYMENT Partial payment will not be made until there is a forty percent (40 %) uniform vegetative cover throughout the areas seeded. Final payment will only be made when there is a ninety percent (90 %) uniform vegetative cover throughout the areas seeded. 2575 — TURF REINFORCEMENT MAT CATEGORY 4 2575.3 — CONSTRUCTION REQUIREMENTS Place the Turf Reinforcement Mat so that all sides are flush and match into the current grades. A difference in elevation between the turf reinforcement mat and will not be tolerated. See MnDOT spec 2575 for specific installation procedures. 2575.5 BASIS OF PAYMENT Turf reinforcement mat will be measured by the ground area covered in Square Yard, regardless of the amount of blanket used. 2575 -- PLANT MANAGEMENT — YEAR 2575.1 - DESCRIPTION OF WORK The CONTRACTOR shall be responsible for ensuring satisfactory growth and health of the plantings on this project. This Item, PLANT MANAGEMENT— YEAR 1, covers the management activities to be performed after initial vegetation acceptance until spring of the following year. If the CONTRACTOR plants all or parts of the plantings in the spring, Planting Management — Year 1 coverage will begin following the spring establishment in the next spring season. If the CONTRACTOR has not achieved an acceptable level of initial plant establishment, as laid out in the specifications for seeding, by July 15 of the initial planting season, the requirements of the Plant Management — Year 1 bid item shall apply for the remainder of the growing season and shall be extended to cover the entire next growing season. These specifications outline the minimum required activities to achieve successful plantings. Performance of all activities listed herein does not release the CONTRACTOR of the responsibility of producing verdant and well established plantings. The CONTRACTOR shall perform all activities required — even in addition to those listed herein — in order to achieve the required establishment outlined herein. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 2 CITY OF COLUMBIA HEIGHTS, MN SPECIAL PROVISIONS WSB PROJECT NO. 011552 -000 PAGE 10 The CONTRACTOR shall be prepared to utilize manual /hand methods for seeding, mowing, cutting, weeding, soil repair, harrowing, watering, and all other related activities. No further compensation will be made if any of these hand methods are required. At a minimum, the CONTRACTOR shall abide by the MnDOT Seeding Manual's (2014 edition) guidance for management of Native Grass and Forb Mixtures, summarized below (see the seeding manual for more information). The CONTRACTOR may propose alternate or additional methods to achieve the goals of this bid item. The CONTRACTOR shall submit a specific schedule and plan outlining all activities. Watering: During the growing season, the CONTRACTOR shall water the site as required and /or as directed by the OWNER or ENGINEER. Spot Spraying: The CONTRACTOR shall spot spray thistles and other noxious weeds with an approved herbicide at least once per month following initial planting. Spraying of weeds as needed and as directed by the ENGINEER or OWNER is required. As part of this management bid item, the CONTRACTOR shall repair any portions of erosion control blanket that may have become loose or partially detached from the ground. The CONTRACTOR shall cut the blanket by hand, if necessary, to remove loose pieces. This activity is considered incidental to this bid item and no additional payments will be made for the activities required to remedy this situation. The CONTRACTOR shall provide the ENGINEER with at least twenty -four (24) hours advance notice of all management activities. The CONTRACTOR shall document all activities during the management period and shall provide this documentation to the ENGINEER or OWNER. ACCEPTANCE CRITERIA Regardless of the activities performed, the CONTRACTOR is responsible for the successful establishment of all seeded areas. Performance of all activities listed herein does not release the CONTRACTOR from this responsibility. The CONTRACTOR shall guarantee that, by the end of the first growing season, at least seventy five percent (75 %) of seeded areas have plant cover and seedlings of at least fifty percent (50 %) of planted species are present and widely distributed. Areas that are at least ten (10) square feet in size that fail to meet these establishment criteria shall be fixed within fourteen (14) days of notification, if within the MnDOT native seeding window. If reseeding is required, the CONTRACTOR shall reseed all insufficient areas before the end of the fall planting window as established by MnDOT's Seeding Manual. Acceptance of establishment shall be determined by visual inspection. The CONTRACTOR shall be solely responsible for replacement and /or repair of any seeded area — including soil — that may wash out, erode, or fail to grow prior to acceptance with no additional compensation therefore. This includes areas that may wash away due to heavy rains or high creek flow. The CONTRACTOR is responsible for successful establishment of the seed and shall replace all unsuccessful seeding until adequate native vegetation is established. This includes watering the areas as necessary and as directed by the ENGINEER to promote growth. 2575.5 - BASIS OF PAYMENT The bid price for the Plant Management — Year 1 shall be between three percent (3 %) and four percent (4 %) of the grand total bid amount for the entire project. Prices outside of this range may be grounds for disqualification of the bidder. Payment for Plant Management — Year 1 shall include payment for all activities, materials, and equipment required to ensure the plant is successfully established. Payments shall be broken out at the discretion of the ENGINEER and /or OWNER and may be made monthly, provided that the CONTRACTOR has performed all activities listed above and the buffer establishment is progressing satisfactorily. The ENGINEER may withhold payments for this bid item if the CONTRACTOR fails to perform the management activities as directed or if the planting's establishment is not progressing satisfactorily. Full payment for this item shall not be made until the end of the first growing season following planting. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 2 CITY OF COLUMBIA HEIGHTS, MN SPECIAL PROVISIONS WSB PROJECT NO. 011552 -000 PAGE 11 2575.1 - DESCRIPTION OF WORK The CONTRACTOR shall be responsible for ensuring satisfactory growth and health of the plantings on this project. This Item, PLANT MANAGEMENT— YEAR 2, covers the management activities to be performed after plant management year 1 has been completed. These specifications outline the minimum required activities to achieve successful plantings. Performance of all activities listed herein does not release the CONTRACTOR of the responsibility of producing verdant and well established plantings. The CONTRACTOR shall perform all activities required — even in addition to those listed herein — in order to achieve the required establishment outlined herein. The CONTRACTOR shall be prepared to utilize manual /hand methods for seeding, mowing, cutting, weeding, soil repair, harrowing, watering, and all other related activities. No further compensation will be made if any of these hand methods are required. At a minimum, the CONTRACTOR shall abide by the MnDOT Seeding Manual's (2014 edition) guidance for management of Native Grass and Forb Mixtures, summarized below (see the seeding manual for more information). The CONTRACTOR may propose alternate or additional methods to achieve the goals of this bid item. The CONTRACTOR shall submit a specific schedule and plan outlining all activities. Watering: During the growing season, the CONTRACTOR shall water the site as required and /or as directed by the OWNER or ENGINEER. Spot Spraying: The CONTRACTOR shall spot spray thistles and other noxious weeds with an approved herbicide at least once per month following initial planting. Spraying of weeds as needed and as directed by the ENGINEER or OWNER is required. As part of this management bid item, the CONTRACTOR shall repair any portions of erosion control blanket that may have become loose or partially detached from the ground. The CONTRACTOR shall cut the blanket by hand, if necessary, to remove loose pieces. This activity is considered incidental to this bid item and no additional payments will be made for the activities required to remedy this situation. The CONTRACTOR shall provide the ENGINEER with at least twenty -four (24) hours advance notice of all management activities. The CONTRACTOR shall document all activities during the management period and shall provide this documentation to the ENGINEER or OWNER. ACCEPTANCE CRITERIA Regardless of the activities performed, the CONTRACTOR is responsible for the successful establishment of all seeded areas. Performance of all activities listed herein does not release the CONTRACTOR from this responsibility. The CONTRACTOR shall guarantee that, by the end of the first growing season, at least eighty five percent (85 %) of seeded areas have plant cover and seedlings of at least seventy five percent (75 %) of planted species are present and widely distributed. Areas that are at least ten (10) square feet in size that fail to meet these establishment criteria shall be fixed within fourteen (14) days of notification, if within the MnDOT native seeding window. If reseeding is required, the CONTRACTOR shall reseed all insufficient areas before the end of the fall planting window as established by MnDOT's Seeding Manual. Acceptance of establishment shall be determined by visual inspection. The CONTRACTOR shall be solely responsible for replacement and /or repair of any seeded area — including soil — that may wash out, erode, or fail to grow prior to acceptance with no additional compensation therefore. This includes areas that may wash away due to heavy rains or high creek flow. The CONTRACTOR is responsible for successful establishment of the seed and shall replace all unsuccessful seeding until adequate native vegetation is established. This includes watering the areas as necessary and as directed by the ENGINEER to promote growth. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 2 CITY OF COLUMBIA HEIGHTS, MN SPECIAL PROVISIONS WSB PROJECT NO. 011552 -000 PAGE 12 2575.5 - BASIS OF PAYMENT The bid price for the Plant Management — Year 2 shall be between three percent (3 %) and four percent (4 %) of the ,grand total bid amount for the entire project. Prices outside of this range may be grounds for disqualification of the bidder. Payment for Plant Management — Year 2 shall include payment for all activities, materials, and equipment required to ensure the plant is successfully established. Payments shall be broken out at the discretion of the ENGINEER and /or OWNER and may be made monthly, provided that the CONTRACTOR has performed all activities listed above and the buffer establishment is progressing satisfactorily. The ENGINEER may withhold payments for this bid item if the CONTRACTOR fails to perform the management activities as directed or if the planting's establishment is not progressing satisfactorily. Full payment for this item shall not be made until the end of the second growing season following planting. SILVER LAKE BOAT LANDING STORMWATER RETROIFITS DIVISION 2 CITY OF COLUMBIA HEIGHTS, MN SPECIAL PROVISIONS WSB PROJECT NO. 011552 -000 PAGE 13 Contractor's Business Name Address Phone No: Fax No: BID FORM PROJECT IDENTIFICATION: SILVER LAKE WATER QUALITY POND RECONSTRUCTION BIDS TO BE OPENED: 10:00 A.M. — WEDNESDAY, MAY 8, 2019 This bid is submitted to: CITY OF COLUMBIA HEIGHTS 637 - 38TH AVENUE NE COLUMBIA HEIGHTS, MN 55421 1 w The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER on the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract time indicated in this bid and in accordance with the other terms and conditions of the Contract Document. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instruction to Bidders. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER'S NOTICE OF AWARD. 3. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): Date Number (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work. SILVER LAKE WATER QUALITY POND RECONSTRUCTION BID FORM CITY OF COLUMBIA HEIGHTS PROJECT NO. 1808 WSB PROJECT NO. R- 011552 -000 PAGE 1 (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 5.03 & 5.04 of the General Conditions, and accepts the determination set forth in Paragraph S.C. 5.03 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the work as BIDDER considers necessary for the performance of furnishing the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 5.03 & 5.04 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 5.05 of the General Conditions. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (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. (i) Any other representation as required by Laws and Regulations. 4. BIDDER WILL COMPLETE THE WORK FOR THE FOLLOWING UNIT PRICE(S): (Quantities are indicated for the convenience of the Bidder. Final Payment will be based on actual quantities.) SILVER LAKE WATER QUALITY POND RECONSTRUCTION CITY OF COLUMBIA HEIGHTS PROJECT NO. 1808 WSB PROJECT NO. R- 011552 -000 BID FORM PAGE 2 SILVER LAKE WATER QUALITY POND RE.CONSTRucriON CITY OF COLUMBIA HEIGHTS PROJECT NO WSBPROJECTNUMBER R-011552-000 No. Mat. No. Item Units Quantity Unit Price Total Price BASE BID 1 2021.501 MOBILIZATION LS I $ Z/ DSO .5-o $ Z l 350 . go 2 2101.501 CLEARING & GRUBBING LS 1 00 $ 3 2104.601 REMOVE MISCELLANEOUS STRUCTURES LS 1 $ Roo, oa $ 4 2104.503 REMOVE SEWER PIPE (STORM) L F 173 $ 5 2105.507 COMMON EXCAVATION C Y 5000 $ 1067,S-0,00 6 2105.607 SELECT GRANULAR BORROW C Y 240 $ 45-.00 $ )v goo, ob 7 2105.604 GEOTEXTILE FABRIC TYPE V S Y 2000 $ 2.00 $ 4000.00 8 2451.507 COARSE FILTER AGGREGATE (LV) C Y 50 $ 0.00 $ 3z()0-00 9 2451.507 FILTER MEDIA SPECIAL C Y 240 qo, oo 10 2501.502 12" RC PIPE APRON EACH I po $ IZ60. 00 11 2501.502 24" RC PIPE APRON EACH 3 $ WL 12 2502.503 6" PERF HDPE PIPE DRAIN 1, F 387 $ 13-S-0 $ S-z z. 4, go 13 2502.602 6" RDPE PIPE DRAIN CLEANOUT EACH 6 $ �50. 00 $ 3100-00 . ......... 14 2503.503 24" RC PIPE SEWER L F 138 $ -- ---------------- - - 15 2503.503 12" RC PIPE SEWER L F 11 $ , 49-oo-', 16 2506.502 CONST DRAINAGE STRUCTURE DES 60-4020 EACH 2 $ oo $ i o C) g0.00 17 2506.502 CONsT DRAINAGE STRUCTURE DESIGN EACH 1 $ 67,00,00 $ �7-00- 00 SPECIAL --- .._.....w ................ . . . . 18 2503.602 CONNECT' TO EXISTING STORM SEWER 13ACI-f 2 $ 1260-00 $ 00 19 2511.507 RANDOM RIPRAP CLASS III C Y 30 OD . ...... $ SO. o o- 20 2573.503 SEDIMENT CONTROL LOG TYPE STRAW L F 890 $ 3.00 $ 76-70-00 21 2573.503 SILT FENCE L F 660 $ 00 22 2571.602 TREE PROTECTION EACH 5 $ SILVER LAKE WATER QUAUTY POND RECONSTRUCTION CITY OF COLUMBIA I [EIGHTS PROJECT" NO. WSB PROJECT NUMBER R-0 11552-000 No. Mat. No. Item Units Quantity Unit Price Total Price 23 2573.502 STORM DRAIN INLET PROTECTION 24 2573.535 STABILIZED CONSTRUCTION ENTRANCE EACH 4 $ 15-0-00 $ 60. oo EACH 1 $ 25'0.00 $ --l.— - .......... 25 2573.502 CULVERT END CONTROLS EACH 2 $ 100.00 $ 7,0 0. co 26 2575.504 3 EROSION CONTROL BLANKETS CATEGORY S Y 4100 $ 1,4o s ;-I 4c - oo ... . ......... . .. .. ...... - — — — ----------- - - ----- 27 2575.504 TURF REINFORCEMENT MAT CATEGORY 4 S Y 85 2Z00 's g1 0,00 28 2575.601 PLANT MANAGEMENT - YEAR I 29 2575.601 PLANT MANAGEMENT - YEAR 2 30 2575.504 SODDING TYPE NATIVE 31 2575.505 SEED MIXTURE 35-241 INCLUDES PREP & INSTALL 32 2575.605 CUSTOM SEED MIX I - INCLUDES PREP & INSTALL 33 2571.527 PERENNIAL 34 2571.524 DECIDUOUS TREE 2.5" CAL B&B 35 2571.527 PERENNIAL PLUGS Total BASE BID GRAND TOTAL BID $ oo ....... . .......... LS I $ 76z5-.00 $ 00 LS 1 $ z&z5,, 00 $ S 55 00 $ 00 ACRE 0.65 $ 1�10-00 — - - ---------- . ........... $ ACRE 0.1 $ 30s'• ov - ------- --- $ 348. So PLT 794 $ 2 3. oo $ TREE 10 $ 00 $ 5-0, 00 PLT 3462 $ $ 22 5703,00 $ oo 5. BIDDER agrees that the Work will be completed as follows REMOVAL OF MISCELLANEOUS STRUCTURES COMMON EXCAVATION • STORM SEWER INSTALLATIONS WET BASIN CONSTRUCTION AND INSTALLATION BIORENTION BASIN CONSTRUCTION AND INSTALLATION RESTORATION Final inspection by November 30, 2019, in accordance with Paragraph 15.05 of the General Conditions. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The following documents are attached to and made a condition of the BID. (a) A tabulation of Subcontractors, Suppliers, and other persons and organizations required to be identified in this Bid. (b) The contractor will complete the Work sequence in accordance with Division 1, Section 4, General Requirements. (c) Affidavit of Non - Collusion. (d) Responsible Contractor Certificate. 7. Communications concerning this BID shall be addressed to the address of BIDDER indicated below. 8. The terms used in this BID, which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents, have the meanings assigned to them in the General Conditions. SUBMITTED ON: - -- 2019. SILVER LAKE WATER QUALITY POND RECONSTRUCTION CITY OF COLUMBIA HEIGHTS PROJECT NO. 1808 WSB PROJECT NO. R- 011552 -000 BID FORM PAGE 5 If BIDDER is: AN INDIVIDUAL By Doing Business As Address Telephone No A PARTNERSHIP By Business Address Telephone No (Continued on next page.) (Individual's Name) (Firm Name) (General Partner) SILVER LAKE WATER QUALITY POND RECONSTRUCTION CITY OF COLUMBIA HEIGHTS PROJECT NO. 1808 WSB PROJECT NO. R- 011552 -000 (SEAL) (SEAL) BID FORM PAGE 6 A CORPORATION By (SEAL) (Corporation Name) KnA . (State of Incorporation) 3 By �Z"'\. p (Name of Person Authorized to Sign) V icf, f resi{` (Title) ATTEST (Secretary) Business Address Uoto ,Ave. ,Nor Corcora,,.\. M 55-34v Telephone N A JOINT VENTURE By (Name) (Address) By, (Name) (Address) 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. SILVER LAKE WATER QUALITY POND RECONSTRUCTION CITY OF COLUMBIA HEIGHTS PROJECT NO. 1808 WSB PROJECT NO. R- 011552 -000 BID FORM PAGE 7 STATE OF / "I �►'tSo �- COUNTY OF r AFFIDAVIT OF NON - COLLUSION: (1) That I am the BIDDER (if the bidder is an individual), a partner in the BIDDER (if the bidder is a partnership) of an officer or employee of the BIDDER corporation having authority to sign on its behalf (if the BIDDER is a corporation; (2) That the attached bid or bids have been arrived at by the BIDDER individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; (3) That the contents of the bid or bids have not been communicated by the BIDDER, or its employees or agents, to any person not any employee or agent of the BIDDER, or its surety, on any bond furnished with the bid or bids, and will not be communicated to any person, prior to any official opening of the bids, or bids; and; (4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit. BIDDER FIRM MAKING BIDS Subscribed and sworn to before me this �_ day of _ /� , 2019. NAME OFFICIAL TITLE SILVER LAKE WATER QUALITY POND RECONSTRUCTION CITY OF COLUMBIA HEIGHTS PROJECT NO. 1808 WSB PROJECT NO. R- 011552 -000 BID FORM PAGE 8 STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes §16C.285, subdivision 3.. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes §16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, 1, t "I a4i f"t, (typed or printed name), ; r _ certify that I am an owner or officer of the company and do verify under oath that my company is in compliance with each of the minimum criteria listed in the law. 2U4k4r Con uc.'��an (name of the person, partnership or corporation submitting this proposal} oot D 5,A Ave, A1,44 r r SS (business address) Signed:. (bidder or authorized representative) Date SILVER LAKE WATER QUALITY POND RECONSTRUCTION CITY OF COLUMBIA HEIGHTS PROJECT NO. 1808 WSB PROJECT NO. R- 011552 -000 BID FORM PAGE 9 SUPPLEMENTAL CONTRACTOR VERIFICATION OF COMPLIANCE By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: My company meets each of the minimum criteria of Minn. Stat. § 16C.285, subd. 3, the Responsible Contractor statute. Pursuant to Stat. § 16C.285, subd. 3(7), my company has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor or motor carrier. The undersigned agrees that, if it retains additional subcontractors on the project after submitting its verification of compliance, it shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with Minn. Stat. § 16C.285, subd. 3(7), within 14 days of retaining the additional subcontractors. Upon request, the undersigned shall submit to the contracting authority copies of the signed verifications of compliance from all subcontractors of any tier and all motor carriers providing for -hire transportation of materials, equipment, or supplies for a project. The undersigned understands that a failure to meet or verify compliance with the minimum criteria established for a "responsible contractor" as defined in Minn. Stat. § 16C.285, subd. 3, renders a bidder ineligible to be awarded a construction contract for the Project or to perform work on the Project. The undersigned understands that a false statement under oath verifying compliance with any of the minimum criteria shall make the undersigned, ineligible to be awarded a construction project and may result in termination of a contract awarded to the undersigned. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. Dater Contractor: By �Ian %'l. �0—%41ArA ff (please paint name) Signature (please sign name) Its SILVER LAKE WATER QUALITY POND RECONSTRUCTION SUPPLEMENTAL CONTRACTOR VERIFICATION FORM CITY OF COLUMBIA HEIGHTS PROJECT NO. 1808 WSB PROJECT NO. R- 011552 -000 a DATE (id II AC"R" CERTIFICATE OF LIABILITY INSURANCE 0611412019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 13 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER elp Millel North Risk Pairtneis Bearenr,;e, PHONE , (651) 370-7800 FAX (651) 379-7K1 E-TAAIL 2010 Cenlre Pointe Blvd rnlche le.miller @northr"skpanners.com INSURER(S) AFFORDING COVERAGE NAIL Mendota Heights MN 55120 INSURERA: Charter Oak Fire Ins Co 25615 — - — - ---- ----------- INSURED INSURERS: Travelers Indemnity Co of Connecticut 25682 Sunram Construction Inc INSURER C, Travelers Property 25674 - ... .......... 20010 75th Avenue North INSURERD, Evanston Insurance 35378 - - .. . ........................ .... ....... ..... INSURER E: ACE American Iris Co Corc.oian MIN 55340-9459 INsuRETF COVERAGES CERTIFICATE NUMBER: 19.20 All Lines REVISION NUMBER: Is ER IFY I 1 IAT THE POLICIES OF INSURANCE. I JS FED 81 :LOW I 1AVIF IB EEN ISSUED 10 111 IE INSUR ED NAMED ABOVE F OF TILE POLICY PERIOD Nit)[CAIFED, NO i Vvl ri ISTANDINC, ANY FH QUIRI, MENIF, I F.. -Rfvi OR CONIDITION OF ANY CONFRAG fOR 01t-ER DOCLINIENT VVItH RIESPEcr io wi ilci I Rlls CIERTIFICAIE MAY BF. ISSUED OR MAYPERTAIIN, Tiff::. INS URANCEAF1 ORIF)ED Fly IIHE POLICIES DESCRIBED Hl " R E IN IS SUBJEC F 110 All n IF t IFWAS, EX(' L J SIONS AND CON [A U IONS OF SUCk I POILICAES LIMITS SHOWN MAYHR/E BEEN R1.::1DlJCED BY RAID CLAIMS ILPR SIR - .................. W "Jr SIMP ........................ . POLICY EXP TYPE OF INSURANCE fOLICY NUMBER I�IM�j YJ.' LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 7 'M TRZ -N 79C 9 ............... . .... . . . . . IoADE OCCUR PREMIS, r'C' s 3(.)0,()00 �tt§ QIU--111 "L XL , -L 'V 01'0 10,000 L S I�f AaLm '6 .......... A DT-GO-162D6664-COF 04/01/2019 04/01/2020 PERSONAL & ADV INJURY 1.000'0no A(,,;i-u.� A, TI I MIT /,,m,i.ir.s r,i-r�: GENERALAGGRE(:,A FE s 2,000,000 POLIK"y [A PRO,. LCK., FHoM,xrs QOMPIOPAGG $ 2,000,000 El AUTOMOBILE LIABILITY CONIE'lNED SINGLE 1 1.000,000 X ANY'r%luTo ::IODILYIN,l.JRY (Per pwison) $ B OWNED scl 810..BM808131-TCT 04/01/2019 04/01/2020 BODILY INJURY (Peraccoe AU RDS J ONLY A rc)s S"' HIRED X NC�.)NIWWNEID PROPPERTle 1,),r,,,M, GI. AUTOS ONI Y AUTOS ONLY X'I UMBRELLA LIAR 5,000,000 X OCCUR L RffEnNCE s C EXCE . FS L I AP aLAL)MG MADE" CUP2J181308 04,'01/2019 04/01/2020 AGGREC3,ATE' 5,000�000 I --J OR 'fl-iENHON 10 01]0 WORKE RS COMPENSA noiv 0IH- AND ENIPI OYERS'I.JABHJTY YIN 5T11kT I T ER ANY FIR OPR I ETO WAR T NEFYE MI., (�J r IVE El E CHACP IDE-NT D CERMEMBE 11 EXCLUDEr -q S Z000,000 ��dFFI )? �NIA 3EN8749 (E,L) 0410112019 04/Dl/2020 - .... �L .... — Mandatory m Ni-r, L DISI A ! EA EMPLOYEE 8 2,000000 'ir yes,des,-,n1,,eud.r DESCRIP T ION OF OPERAI ONS b011V L DISEASF.;. POLICY LIMi.- 2,000,000 ............ . . . . . . ........... E Pollution I abifily (3,71170524 001 08117/2018 08/17/2019 Aggiiegate i init. 6,000,000 Occurrence I-Limit 3,000,000 ........... . . ............ DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: Silver Lake Water Quality Pond Reconstruction: City of Columbia Heights and the City of Minneapolis are included as an Additional Insureds in regard to the General Liability where required by written contract on a primary and non contributory basis including completed operations Blanket Additional Insured applies to the Auto Liability when required by written contract, Blanket Waiver of Subrogation applies to the General Liability, Auto Liability, Work Comp and Umbrella policies when required by written contract. Umbrella is follow form of the General Liability, Auto Liability and Work Comp policies CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN GO of Columbia Heights - Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 637 38th Avenue NE AUTHORIZED REPRESENTATIVE (..;olurnbia I leights MN 55421 2 <' ' 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD