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IP #843PROJECT NO. 843 2008 Crack Repair and Sealcoat Res. 08-49 3/24/08 Resolution approving plans and specifications for the 2008 crack repair and seal coat project, and ordering advertisement for bids (improvement project no. 843) Res. 08-83 5/12/08 Resolution awarding contract to Allied Blacktop Company for the 2008 crack repair and seal coat project for $100,925 (improvement project no. 843) Res. 08-122 9/8/08 Resolution accepting the 2008 crack repair and seal coat project and approving the final payment request (improvement project no. 843) COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Development & Plaru1ing Public Works May 12, 2008 Item No. By: Guy JolU1son By: 8.2 Resolution awarding a contract to Allied Blacktop Company for the 2008 crack repair and seal coat project for $100,925 (improvement project No. 843) Requested Action Staff is recommending that Council pass a resolution approving a contract between the city of New Hope and Allied Blacktop in the amount of $100,925 for the 2008 seal coat project. Policy/Past Practice To maximize the life of the pavement on our city streets, New Hope has traditionally practiced seal coating of city streets. This is an activity that is critical to the city's current pavement management program. If delayed, maintenance cost increases and may result in premature expendihues for pavement overlays or reconstruction. Crack repair and seal coating is most effective in the early stages of the pavement's life. Background The city's street infrastructure management plan identifies and prioritizes street maintenance activities that maximize the return on each dollar invested in maintenance. The management plan has identified areas to be seal coated and/or crack filled this year. This year's proposed seal coat project would include the streets east of Boone A venue and west of Winnetka A venue between 45th and 49th avenues, and the streets west of Boone Avenue between Northwood Parkway and 42nd Avenue. The proposed crack repair project would include Erickson Drive and 36th Avenue between Hwy. 169 and Louisiana Avenue. The streets recommended for seal coating and/or crack filling are identified on the accompanying map. Prior to commencement of seal coating by the contractor, Public Works staff has completed miscellaneous curb replacements and asphalt patching throughout the project area. This year's proposed seal coat project also includes an alternate. The alternate is seal coating the Hidden Valley Park parking lot. This work is included in the 2008 CIP plan for the parks. MOTION BY "-1, " , . I r'.~ ; U)-C ~ . SECOND BY (friL.U TO: (;{ tl f}.nr-/13Zu of ~ 3 v l:rfa\Pubworks\2008\843 Awarding Seal Coat Contract Request for Action May 12, 2008 Page 2 Seal coating bids were received from the following contractors: Contractor Allied Blacktop Company Astech Surface TeclU1ologies Pearson Bros. lnc. Total Bid $100,925 $121,235 $153,200 Street Bid $ 97,430 $117,450 $142,000 Alternate 1 $3,495 $3,785 $11,200 Funding Funding for the street portion of the project would be from the city's street infrastruchue fund. Funding for alternate one would be from the park and street infrastruchlre funds. Attachments A map showing the area involved, a copy of the resolution, a letter from the city engineer, and the bid tab is attached. City of New Hope Resolution No. 08-83 Resolution awarding a contract to Allied Blacktop Company for the 2008 crack repair and seal coat project for $100,925 (improvement project No. 843) WHEREAS, the Council approved plans and specifications and ordered bids for construction of the 2008 crack repair and seal coat improvement project; and, WHEREAS, this activity is an integral component of the city's pavement maintenance program; and, WHEREAS, the Council does hereby determine to proceed with the 2008 crack repair and seal coat improvement project; and, WHEREAS, the advertisement for bids for construction of the 2008 crack repair and seal coat improvement project was published in the New Hope-Golden Valley Sun Post, the official newspaper of the city, on April 3, 2008, and in the Construction Bulletin on March 31 and April 7, 2008; and, WHEREAS, the bids for construction of the 2008 crack repair and seal coat improvement project were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 1:30 p.m. on April 24, 2008; and, WHEREAS, the bid of Allied Blacktop in the amount of $100,925 for construction of the 2008 crack repair and seal coat improvement project is the lowest responsible bid submitted; and, WHEREAS, the city engineer has recommended that Council award the contract to Allied Blacktop. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract for construction of the 2008 crack repair and seal coat improvement project is awarded to Allied Blacktop; and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of Nevv Hope, Hennepin County, Minnesota, this 12th day of May 2008. /J~ ~~0 () I r v r~> ~yor ' ,/J /,- ~ // Attest: /iluw. AO)'UL City Clerk PROJECT AREA ::;: <: '" .... '2 "" "" o '~ .; ALTERNATE 11 ~ ." HIDDEN VALl.EY PARK ;,: PARKING LOT ~ ;;: '" ::> l- I:> 3: o o I:> "" o '" - "" o .... M ./ - '" ;;: 9- ~ U ./ "" ~ "" o .... ~ ..,. M ./ = .oo.nt tel<OHE - ~.. VICINITY MAP o 1200 2<00 - ....:-- I $cole .. led 2335 Highway 36 W 51. Paul. rvl~1 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com April 24, 2008 ~~ Bonestroo Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: 2008 Crack Repair and Seal Coat Project City Project No, 834 Project No. 000034-08208-0 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on Thursday, April 24, 2008. Transmitted herewith is a copy of the Bid Tabulation for your information and file, Copies will also be distributed to each Bidder once the Project has been awarded, There were a total of 3 Bids, The following summarizes the results of the Bids received: Contractor Low Allied Blacktop Company #2 Astech Surface Technologies Corporation #3 Pearson Bros" Inc. Total Base Bid $97,430.00 $117,450,00 $142,000,00 Alternate NO.1 $3,495.00 $3,785.00 $11,200,00 The low Bidder on the Project was Allied Blacktop Company with a Total Bid Amount of $100,925,00, This includes $97,430.00 for the Base Bid and $3,495,00 for Alternate #1. This compares to the Engineer's Estimate of $105,000, These Bids have been reviewed and found to be in order, If the City Council wishes to award the Project to the low Bidder, then Allied Blacktop Company should be awarded the Project on the Total Bid Amount of $100,925.00. Should you have any questions, please feel free to contact me at 651-604-4938, Sincerely, BONESTROO Enclosure 51. Paul 51. Cloud Rochester Milwaukee Chicago Jason p, Quisberg, P.E. t:O g .la- m 1fi l""'t- a o "0 C en. ~ z "" 3 '" -l ~ "" ,... 5' 0. Ql VI 8' 3 ~ Ql ... ~ 3' o 0:: III 3 III ~ '" - ::::- '" ;; ~ 'ti ~ ~ s ~ s c,' c, '" '" ~ '" Q n ;P' ;::a "0 o ro ~ z '" 00 o <.D "0 C ~ z '" o o o o w -'" 6 -.J <.D /'o.J 6 I ;;; '1:5 c:; g. 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'l,A~-~~~ .. _N.f'-J~W.I..D~Ln~" ~~ ~~~~WLn ~I..nO~NOO ~~ ~gg~~8 ~gg~g8g 66 000066 0000666 00 000000 0000000 ~~~~~~ ~~~ ~ ~~~.~~~ ~8~ ~ ~ g~f'\t!5~ ~\.OO ~ ~ 0 t::;~ ~ ~~~~~ ~~~ o~ 0 ~~ ~o~. ~~m ~3~ oo~~o o~~~oo @ ~~~ zg~ ~~b~6 ~~6~g~ ~ ~~_ 00000 OOOI..nOO ~~~ ci ~~ .... ~c '" ..6:., ro ~- gz ~~ ~ 'l,A~~~ wm ~~ ~~~~ ~ ~o~~~~~ NO ~OO~~O goooooo 88 ~8gggg ~ggg88g 00 000000 0000060 00 000000 0000000 o o o o w .,. o 00 1\J o 00 o OJ -i x en OJ -;" 2335 Highway 36 W 5t. Paul, MN 55113 Tel 651-636.4600 Fax 651.636-1311 Vllvvl'V.bonestroo,com May 13, 2008 .. Bonestroo Mr. Daniel Smith Allied Blacktop 10503 89th Avenue North Maple Grove, MN 55369 Re: City of New Hope, Minnesota 2008 Crack Repair and Seal Coat Project City Project No. 843 Project No. 000034-08208-0 Contract Documents Dear Mr. Smith: Enclosed are four Contract Documents between you and the City of New Hope covering the above-referenced Project. Please complete Specification Document 00520 Agreement Form, Document 00610 Performance Bond, and Document 00615 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Xing #201 Brooklyn Park, MN 55443-1968 After the necessary officials have signed the Contracts, they will be distributed as follows: 2 copies 1 copy 1 copy Allied Blacktop Company, Inc. (1 - your file, 1 - your bond company) City of New Hope, Attention: Valerie Leone Bonestroo, Attention: Jason Quisberg Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre-construction conference will be scheduled with you and the City of New Hope to review the Project. 51. Paul 51. Cloud Rochester Milwaukee Chicago City of New Hope 2008 Crack Repair and Seal Coat Project Page 2 May 13, 2008 SincerelYI BONESTROO 9~L2b Jason P. Quisbergl P.E. Enclosures: Four Contract Documents cc: vValerie Leonel City of New Hope Steven Sondrall, City Attorney LESLlE A. ANDERSON TUCKER.J. HUMMEL GORDON L. JENSEN' MELANIE P. PERSELLlN'" STEPHEN ill. RINGQUIST' STEVEN A. SONDRALL Rea! Property L:i\\ SpcU::lisl C~'nirll:J B:, The i\lil1nc~OlJ State Bar Association :Liccnsed in Illinois/Culorado 'QualiIied Neutral rvlediator under l{ult: 114 JENSEN ANDERSON SONDRALL, P.A. Attorneys At Law May 30, 2008 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2008 Crack Repair and Seal Coat Project Improvement Project No. 843 Our File No. 99-10030 Dear Val: 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TEl.EPHONE (763) 424-8811 $ TELEFAX (763) 493-5193 e-mail law@jasattorneys.com lJ'riler's Direct Dial .\0. r763i 21) 1-1)211 e-mail sas@jasauomeys.colll Via e-mail to vleone@ci.new-hope.mn.us and by regular mail Enclosed please find four copies of the contract, bonds and insurance certificates for the referenced project. All of the documents are in order from a legal standpoint. Please call me if you have any questions. Very truly yours. Steven A. Sondrall, City Attorney, City of New Hope Enclosure(s) cc: Guy Johnson l'::\ttorrlt.'yS\S"j Cilt:111 Fiks,2 ell;' of Nt.'w Hop:: 99-10030 (PubllL' Works gt:n::r:d)L~'on:: Il, 20fJ~ G;i(!-: ;md ~(',d UJ,l[(iO'; June 5, 2008 Mr. Daniel Smith Allied Blacktop 10503 89th Avenue North Maple Grove, MN 55369 SUBJECT: 2008 Crack Repair and Seal Coat - Project No. 843 Enclosed are two fully executed contract documents related to New Hope 'Project No. 843. One contract set is for your records and the second set should be transmitted to your bonding company. This contract was awarded by the New Hope City Council on May 12,2008, for $100,925. Also enclosed is a "Withholding Affidavit for Contractors" (IC-134 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Should you have any questions regarding the project, please contact Jason Quisberg, City Engineer, at 651-604-4938. Sincerely, r /, /" , /.' l. lit&~ ~JyLc Valerie Leone City Clerk, CMC Enclosures - Contract, IC-134, bid bond cc: Steve Sondrall, City Attorney (File No. 99-10030) Jason Quisberg, Assistant City Engineer (File No. 34-08208-0) Guy Johnson, Director of Public Works CITY OF NEW HOPE 4401 Xylon Avenue North · New Hope, Minnesota 55428-4898 · www.ci.new-hope.mn.us City Hall: 763-531-5100. Police (non-emergency): 763-531-5170. Public Works: 763-592-6777. TDD: 763-531-5109 City Hall Fax: 763-531-5136. Police Fax: 763-531-5174. Public Works Fax: 763-592-6776 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works September 8, 2008 Consent Item No. By: Guy Johnson By: 6.6 Resolution accepting the 2008 crack repair and seal coat project and approving the final payment request (improvement project no. 843) Requested Action Staff recommends that Cow1Cil approve a resolution to accept the 2008 crack repair and seal coat project 843 and authorize the final payment to Allied Blacktop Company in the amount of $99,537.10. Policy/Past Practice To maximize the life of the pavement on our city streets, New Hope has traditionally practiced seal coating of all city streets. This is an activity that is critical to the city's current pavement management program. If delayed, maintenance cost increases and may result in premahue expenditures for pavement overlays or reconstruction. Crack repair and seal coating is most effective in the early stages of the pavement's life. Background The city's street infrastruchlre management plan identifies and prioritizes street maintenance activities that maximize the return on each dollar invested in maintenance. The management plan identified areas to be seal coated and/or crack filled this year. This year's seal coat project included the streets east of Boone A venue and west of WilU1etka Avenue between 45th and 49th avenues, and the streets west of Boone Avenue bet\^,reen Northwood Parkway and 42nd Avenue. In addition to the listed streets, the parkil1g lot at Hidden Valley Park also received a seal coat to extend the life of the asphalt surface. The crack repair project included Erickson Drive and 36th Avenue between Hwy. 169 and Louisiana Avenue. On May 12, 2008, the Council approved a contract with Allied Blacktop for the 2008 crack repair and seal coat project. The amount of the original contract was $100,925. All work has been satisfactorily completed. The final value of the work is $99,537.10. Motion by Z;;&UJ/~ Second by Il(X.e~ To: :;t.. /Uo 08 - ';).;2 I:\RFA \ PUBWORKS\2008\ 843 Seal Coat Final.doc843 Seal Coat Final Request for Action September 8, 2008 Page 2 Funding Fundi.ng for the street seal coat and crack filling is available in the city's street fund. Funding for the Hidden Valley Park parking lot seal coat is part of the 2008 Parks capital improvement plan budget. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance of the project, and the final pay request. I:\RFA \PUBWORKS\2008\843 Seal Coat Final.doc843 Seal Coat Final City of New Hope Resolution No. 08-122 Resolution to accept the 2008 crack repair and seal coat project and to approve the final payment request (improvement project no. 843) WHEREAS, the city has entered into a contract with Allied Blacktop Company for the 2008 crack repair and seal coat project; and, 'WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 843 and approve final payment to Allied Blacktop Company in the amount of $99,537.10; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Allied Blacktop Company. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the 2008 crack repair and seal coat project from Allied Blacktop Company. 2. That the city manager is hereby directed to authorize the final payment of $99,537.10 to Allied Blacktop Company. Adopted by the City Council of the city of New Hope, Heru1epin County, Minnesota, this 8th day of September, 2008. ,,' /' '. .1'\,<-, \\ /~~ rj f Ie'/ ""....',... t; ".""'J'.'. \" .,. " I J' I] '.'~'-, '" " i.. J ' j .f {f\ "J' '/ \;:. i' 'It- \,. \ j I l/~GvC'lJJ/ U-{//I/f.-l:tj:~ 1\-- 1 - Mayor 1 ~ 'k ,~ / " ,/J/J ,rl ,':' 'j' _ Attest: . a.-tJ:.A_<_t:/~ r LL..- City Clerk August 29, 2008 Mr. Guy Johnson City of New Hope 5500 International Pkwy. New Hope, MN 55428 Re: 2008 Crack Repair and Seal Coat Project - Final Payment City Project No. 817 File # 000034-071950-0 Dear Guy: Enclosed find the final pay request for the 2008 Crack Repair and Seal Coat project. All work has been completed. The contractor, Allied Blacktop, has requested first and final payment for the project in the amount of $99,537.10. The base bid was for $97,430.00, plus $3,495.00 for the Hidden Valley Park parking lot, for a total contract of $100,925.00. The total amount for the work completed is $99,537.10, or $1,387,90 (1.4%) under the contract amount. The savings were due to the quantity of materials required to complete the work being slightly less than that anticipated, We recommend approval of final payment to Allied Blacktop in the amount of $99,537,10. The required IC -134 forms have been received and all work has been accepted. Sincerely, BONESTROO ~)?~ Jason Quisberg, PE Enclosure 2335 Highway 36 W 51. Paul, MN 55113 Tel 651.636.4600 Fax 651-636-1311 www.bonestroo.com .. Bonestroo -#- Bonestroo Owner: City of New Hope, 4401 Xylon Ave, N" New Hope, MN 55428 Date: August 4, 2008 For Period: 7fl/2008 to 8/4/2008 Request No: 1 AND FINAL Contractor: Allied Blacktop, 10503 89th Ave. N, Maple Grove, MN 55369 ~~~ roved(QY Owner: ~.. ". (J T ~'~'\. HOPE \ "... >~ ~~ CONTRACTOR'S REQUEST FOR PAYMENT 2008 CRACK REPAIR AND SEAL COAT BONESTROO FILE NO, 000034-08208-0 CITY PROJECT NO. 843 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ $ $ 0.00 0.00 1 AND FINAL $ $ $ $ $ $ $ $ $ Recommended for Approval by: BONESTROO ~I~~ Approved by Contractor: ~~D BLACKTOP ~ Y:::.... ~ {- 100,925.00 100,925.00 99,537.10 0.00 99,537.10 0.00 99,537.10 0.00 0.00 99,537.10 Specified Contract Completion Date: Date: q-t'~o ~ 3405Z05REQ1FINAUds Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date -to Date BASE BID: 1 MOBILIZATION LS 1 1 500.00 1 1 $1,500,00 2 TRAFFIC CONTROL LS 1 2500.00 1 1 $2,500.00 3 ROUTE AND SEAL LBS 12000 1.39 11390 11390 $15,832,10 4 BITUMINOUS MATERIAL FOR SEAL COAT GAL 15000 2.65 14800 14800 $39,220,00 5 SEAL COAT AGGREGATE, FA.2, TRAP ROCK TON 800 40.00 802 802 $32,080,00 6 PAVEMENT MARKINGS LS 1 5000,00 1 1 $5,000,00 TOTAL BASE BID: $96,132,10 ALTERNATE NO.1 - HIDDEN VAllEY PARK PARKING LOT: 7 MOBIUZA TION LS 1 17500 1 1 $175,00 8 ROUTE AND SEAL LBS 160 2,00 160 160 $320.00 9 BITUMINOUS MATERIAL FOR SEAL COAT GAL 300 4.00 300 300 $1,200,00 10 SEAL COAT AGGREGATE, FA-2, TRAP ROCK TON 20 45.00 18 18 $810.00 11 PAVEMENT MARKINGS LS 1 900,00 1 1 $900,00 TOTAL ALTERNATE NO, 1 -. HIDDEN VALLEY PARK PARKING LOT: $3,405,00 TOTAL BASE BID: TOTAL ALTERNATE NO, 1 - HIDDEN VALLEY PARK PARKING LOT: TOTAL WORK COMPLETED TO DATE $96,132.10 $3,405,00 $99,537.10 3408208REQl FINAL-xls PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 843 BONESTROO FILE NO, 000034-08208-0 CONTRACTOR ALUED BLACKTOP CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From 1 AND FINAL 07/0112008 To 08/04/08 Payment 99,537,10 Retainage Completed 99,537.10 Material on Hand Total Payment to Date $99,537,10 Original Contract $100,925,00 Retainage Pay No. 1 AND FINAL Change Orders Total Amount Earned $99,537.10 Revised Contract $ 100,925,00 3408208REQ1 FINAL-xis . PROJECT AREA ALTERNATE 11 " . HIDDEN VAlLEY PARK PARKING LOT , ~ - VICINITY MAP . I 0 ' 1200 2<00 ~- ~ j $cole .. led , Page 1 of 1 }~ . u ContractorDs VlIithholding Confirmation ALliED BLACKTOP COMPANY ID 8606387 Please keep this information for your records. Submit a copy of this page to the project owner to receive your final payment. Gale 207911 fri Jul25 13:08:24 CDT 2008 CITY OF NEW HOPE 0824 July 2008 July 2008 VARIOUS STREETS AND ROADS No subcontractors listed, Confirrnation number tocation Subcontractors https:/ /www.mndor.state.mn.us/wc/ action! confirmationPrint 7/25/2008 DOCUMENT 00005 PROFESSIONAL CERTIFICATIONS I hereby certify that this report, drawing, or specification was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. ~p~ Jason P Quisberg, P .E. Date: March 25, 2008 Reg. No. 44315 END OF DOCUMENT 000034-08208-0 (Q 2008 Bonestroo PROFESSIONAL CERTIFICATIONS DOCUMENT 00010 TABLE OF CONTENTS 2008 CRACK REPAIR AND SEAL COAT CITY PROJECT NO. 843 PROJECT NO. 000034-08208-0 NEW HOPE, MINNESOTA 2008 Introductory Information 00005 Professional Certifications 00010 Table of Contents Bidding Requirements 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Information Available to Bidders 00410 Bid Form Contracting Requirements 00520 Agreement Form 00610 Performance Bond 00615 Payment Bond 00700 EJCDC C-700 Standard General Conditions of the Constructon Contract (Bound in back of Project Manual) 00800 Supplementary Conditions Specifications Division 1 - General Requirements 01100 Summary 01200 Price and Payment Procedures 01310 Project Management and Coordination 01500 Temporary Facilities and Controls Division 2 - Site Construction 02765 Bituminous Crack Repair Treatments 02766 Pavement Markings 02785 Bituminous Pavement Treatments END OF DOCUMENT 000034-08208-0 @ 2008 Bonestroo TABLE OF CONTENTS DOCUMENT 00 I 00 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North until 1:30 P.M., C.D.S.T., Thursday, April 24, 2008, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 2008 Crack Repair and Seal Coat. City Project No. 843 Consisting of the following approximate quantities: 800 15,000 12,000 5,500 TON GAL LBS LF FA - 2 Aggregate, Trap Rock Bituminous Material for Seal Coat Route and Seal Striping, Paint (includes pavement messages, crosswalks, etc.) Bidders desiring a copy of the Bidding Documents may obtain them from the Issuing Office of Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600 upon payment of a non-refundable fee of $40. Bidding Documents may be seen at the office of the City of New Hope and at the Issuing Office. Bidding Documents can also be purchased with a credit card at www.bonestroo.com. Direct inquiries to Engineer's Project Manager, Jason Quisberg at (651) 604-4938. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities ' therein, and further reserves the right to award the Contract to the best interest of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota 000034-08208-0 @ 2008 Bonestroo ADVERTISEMENT FOR BIDS DOCUMENT 00200 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office: The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the non-refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work within 5 days of Owner's request, Bidder shall submit written evidence, such as fmancial data, previous experience, present commitments, and such other data, as may be called for below: A. Evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of Contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 000034-08208-0 @ 2008 Bonestroo 00200-1 INSTRUCTIONS TO BIDDERS ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports, or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a ' Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents. 000034-08208-0 @ 2008 Bonestroo 00200-2 INSTRUCTIONS TO BIDDERS B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications, or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; 000034-08208-0 @ 2008 Bonestroo 00200-3 INSTRUCTIONS TO BIDDERS D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, safety precautions, and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the Price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; 1. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confmn that the written resolution thereof by Engineer is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Wark. 000034-08208-0 @ 2008 Bonestroo 00200-4 INSTRUCTIONS TO BIDDERS 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents, and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be no pre-Bid conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRET A TIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed' advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid Price and in the form of a certified check or bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 000034-08208-0 @ 2008 Bonestroo 00200-5 INSTRUCTIONS TO BIDDERS 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which or the dates by which Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or- equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. 000034-08208-0 @ 2008 Bonestroo 00200-6 INSTRUCTIONS TO BIDDERS ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder and any other Bidder so requested shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may before the Notice of Award is given request apparent successful Bidder to submit a substitute in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid Price will be increased (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid Unit Price shall be indicated for each Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 000034-08208-0 @ 2008 Bonestroo 00200-7 INSTRUCTIONS TO BIDDERS 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the fIrm by a member and accompanied by evidence of authority to sign. The state of formation of the fIrm and the official address of the fIrm shall be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be fIlled in on the Bid Form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualifIcation to do business in the state where the Project is located or covenant to obtain such qualifIcation prior to award of the Contract. Bidder's State Contractor License Number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the Total Add or Deduct to the Total Base Bid for each Alternate provided on the Bid Form. 13.13 Bidders shall identify the name of the company or subcontractor that will perform the listed portion of the Work if the Bidder is awarded the Contract. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Bid Unit Price With Alternates: A. Bidders shall submit a Bid on a Bid Unit Price for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided for in the Bid Form. The price for each Alternate will be the amount added to the Base Bid if Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or the Owner may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The fInal quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. 000034-08208-0 @ 2008 Bonestroo 00200-8 INSTRUCTIONS TO BIDDERS C. Discrepancies between the multiplication of units of Work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternate Bids. 14.02 The Bid Price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished I separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid Security. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope plainly marked with the Project Title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the' manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids maybe withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non-responsive, read aloud publicly. A Bid Tabulation of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project award. 000034-08208-0 @ 2008 Bonestroo 00200-9 INSTRUCTIONS TO BIDDERS ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds after reasonable inquiry and evaluation to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate Contract terms with the successful Bidder. 19.03 More than 1 Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements and such Alternates, Bid Unit Prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, other individuals, or entities proposed for those portions of the work for which the identity of subcontractors, suppliers, other individuals, or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract award pursuant to law. 000034-08208-0 @ 2008 Bonestroo 00200-10 INSTRUCTIONS TO BIDDERS 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to Performance and Payment Bonds and Insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF DOCUMENT 000034-08208-0 @ 2008 Bonestroo 00200-11 INSTRUCTIONS TO BIDDERS DOCUMENT 00300 lNFORMATION AVAIlABLE TO BIDDERS Portions of reports and drawings used by the Engineer in the preparation of the Bidding Documents are attached to this document. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, Drawings, and other historical information regarding the Project may be available for Bidder's review at the Engineer's office. Schedule a viewing time with the Project Manager. END OF DOCUMENT 000034-08208-0 @ 2008 Bonestroo IN'FORMA TION A V AlLABLE TO BIDDERS .la- 1~ Bonestroo BIDDER: A)/i.ecJ b'~CY-Tcp rDrflpaJj DOCUMENT 00410 BID FORM 2008 CRACK REPAIR AND SEAL COAT CITY PROJECT NO. 843 PROJECT NO. 000034-08208-0 NEW HOPE, MINNESOTA 2008 110. ".,c" . . -CO".' "p . 'V"" :' .,..... ",. ',. f... .I... . ~ 'j . \ ". THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents, 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No, Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work, D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4,06, 000034-08208.0 @ 2008 Bonestroo 00410-1 BID FORM E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto, F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents, G, Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents, H, Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents, I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder, J, The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K, Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4,01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition, B, The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids, C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit,a Bid for the purpose of restricting competition, 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice, Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law, 000034.08208.0 @ 2008 Bonestrao 00410-2 BID FORM 5,01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph f 1.03,B of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Total Price Units Qty Unit Price BASE BID: MOBILIZATION 2 TRAFFIC CONTROL 3 ROUTE AND SEAL 4 BITUMINOUS MATERIAL FOR SEAL COAT 5 SEAL COAT AGGREGATE, FA-2, TRAP ROCK 6 PAVEMENT MARKINGS TOTAL BASE BID ALTERNATE NO.1- HIDDEN VALLEY PARK PARKING LOT: 7 MOBILIZATION 8 ROUTE AND SEAL 9 BITUMINOUS MATERIAL FOR SEAL COAT 10 SEAL COAT AGGREGATE, FA-2, TRAP ROCK 11 PAVEMENT MARKIf~GS TOTAL ALTERNATE NO.1 - HIDDEN VALLEY PARK PARKING LOT 000034.08208.0 @ 2008 Bonestroo LS 1 $ I, SOC/,()(:) $ 1,50(9,<50 LS 1 $ ;) ,5"00. CO $ ), ~O, 6Jo LBS 12,000 $ J,3 , $ I ", ('W, 00 GAL 15,000 $ ~,~S- $ 39,7519,00 TON 800 $ 1./0, (:)0 $ 3d"OOO, C?o LS 1 $ 5, r!)Gr!) .00 $ 5"'( e> (!)(!) { (:7 0 $ '17,'..rS()600 LS 1 $ //5". (;0 $ ('1$0"',00 LBS 160 $ 'd. 00 $ ~dO, 00 GAL 300 $ '-f.OD $ 1,'a..eJC9. f) 0 . TON 20 $ 45: 00 $ <1-6>0, (YO LS 1 $ q 00.00 $ 9cJ<:J reO $ 3.. LI9S,OC) 00410-3 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07,B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions, SUBMITTED on I1pi// at! .2008. If Bidder Is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: 00D034.08208.0 @ 2008 Bonestroo 00410-4 BID FORM A Partnership Partnership Name: By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: A Corporation Corporation Name: If /hni bJac/::!,fcp {' omi"D2ni (SEAL) State of Incorporation: ./JI n n ('5Crl~ Type (General Business, Professional, Service, Limited Liability): SC/v ire /2 '.. ~O.~ By: (Signature) Name (typed or printed): 'D.atJ J e i fJ COm ;'rr; (Jr-c ft~5; d'Ey"yf Attest _[).t ~ ~ PcIer!v1 (2pj ::trent', (Signature of Corporate Secretary) f~lied Blacktop Company 10503 89th Avenue !\lorth Title: (CORPORATE SEAL) Business Street Address (No P,O, Box #'s): Phone No.: (70~) Lf2S - 0575 Fax No,: (703) 4.2S - !{J4~ 000034-08208.0 @ 2008 Bonestroo 00410-5 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No,: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O, Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign, The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 000034.08208-0 @ 2008 Bonestlco 00410-6 BID FORM BID BOND KNOW ALL MEN BY THESE PRESENTS, that we as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State called the Surety, are held and firmly bound unto C /fj cf'~/rvJ Hcpe as Surety, hereinafter as Obligee, hereinafter called the Obligee, in the sum of Ji \Ie fcrrEnt cf hId A-il7QiYlt Dollars ($ 5" /. if b/d__), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid ZD08 Cf~LK- ,eLf2i2)(' ?hcL SF>~ CO~_____ --{Jlf J}O,jEY::L /{Ch ?13 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this ~~ day of __ fTpr/ 1___, 2!-...'\{)B . All i,ed _B 1 acktgJ;L.CoffiQ..any ~ JfI (P,;OdP~ (Se'l) ~ ---- Peitr Ifl (ap;sfrChf, YIC-C ?re5)d-cnf Hagberg, Printed in cooperation with the American Institute of Architects (AlA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AlA Document A310 - Bid Bond - February 1970 Edition. ACKNOWLEDGMENT OF PRINCIPAL (Individual) STATE OF COUNTY OF } s s.: On this day of , in the year __' before me personally come{s) to me known and known to me to be the person(s) who (is) (are) described in and who executed the foregoing instrument and acknowledge{s) to me that_he_executed the same. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL (Partnership) STATE OF COUNTY 0 F } ss.: On this day of , in the year _, before me personally come(s) a member of the co-partnership of to me known and known to me to be the person who is described in and who executed the foregoing instrument, and acknowledges to me that he executed the same as and for the act and deed of the said co'partnership. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL (Corporation) /V/innr50fa I-J-en n'CDjIJ On this ;;;Lf4---- day of personally come{s) p-rflr m . r to me known, who, being by me duly sworn, deposes and says that he resides in the City of that he is the Virr f'ffSJdFhf of the ;) . ~ ' , / the corporation described in and which executed the foregoing instrument; that he knows the sea of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. STATE OF COUNTY OF } ss,: , in the year ;2pr...f3. before me NAOMI N. A. BRETZ I NOTARY PUBLIC-MINNESOTA ',-.. ____ My Commission e,plles Jan, 31. 2010 . . TI~~y,A~.~6~~"VV'".*VY~"9V^VS V~jj/ \/~ NOTARY PUBLIC ACKNOWLEDGMENT OF SURETY STATE OF COUNTY OF Minnesota Hennepin } ss.: d ~r--- A-n J On this day of J IfA// personally come{s) John G. Haqberq Attorney{s).in.Fact of Western Surety Company with whom I am personally acquainted, and who, being by me duly sworn, says that he reside{s) in Eden Prairie, MN that he is (are) the Attorney(sl.in-Fact of Western Surety Company _, the company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company, and that he signed said instrument as AttorneY{C.in.Fa, 0 the said Comp-ailY' 'ke order, ~__"'N~9'+--N>-~~~~:; l k' .~ ~ NICOLE C. VACEK I NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01/3112011 ~~~~"'~iJ'."'~ 2DCS in the year / - be fore me F9713-8/81 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Judith L Jorissen, Garth R Fisher, John G Hagberg, Steven W Scollard, Individually of Bloomington, MN, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation, In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 11th day of September, 2007, .....~~., ~<;+;;'--::--'{o\. i~/()",?O-9.q)\,\~ ~:i(l "')~j \\~ ~~ ,,"/if! ~~ WESTERN SURETY COMPANY ~if~"i"Vi"pre'id,m State of South Dakota County of Minnehaha } ss On this II th day of September, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; 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 corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation, My commission expires November 30, 2012 +~~~~~~~~~~~~~~~~~~~~~~~;+ ~ D. KRELL ~ r r ~~NOTARY PUBLIC~~ r~SOUTH DAKOTA~r r r +~~~~;~~~~~~~~~~~~~~;~~~+ ~ ~~bli' CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation prin,ted on the reverse hereof is still in force, In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this d L(I1- day of AprJ r / , ~C()8 . ""~ET~ "''';:+7:'-....c'0. fs()",f10-9.q;\'fls ~ ={<i tft} ~i S~\~~~""/,fj .r~",--_~'q'~ 1'HDp.\Oo~ WESTERN SURETY COMPANY C! ~~~s"reWy Form F4280-09-06 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY CaMP ANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretal)', any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope. Minnesota (hereinafter called Owner) and Allied Blacktop Company (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as 2008 Crack Repair and Seal Coat Project for the City of New Hope, Minnesota, City Project No. 843. ARTICLE 2 - ENGINEER 2.01 The Project has been designed by Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113, who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 3.02 Datesfor Substantial Completion and Final Payment A. The Work will not begin until: 1. June 16,2008. 2. See Section 01310 for restrictions for completion of Work included in Alternate No. 1. B. All Work, including Base Bid and Alternate Work, will be Substantially Completed on or before August 15,2008. C. All of the Work of the Project shall be completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before September 12.2008. 3.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss 000034-08208-0 ~ 2008 Bonestroo 00520-1 AGREEMENT FORM suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $200 for each day that expires after the time specified in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $200 for each day that expires after the time specified in Paragraph 3.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 4 - CONTRACT PRICE 4.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds as follows: For all Work at the prices stated in Contractor's Bid attached hereto as an exhibit for an Original Contract Amount of One Hundred Thousand Nine Hundred Twenty-Five Dollars and Zero Cents ($100,925.00) for the Total Base Bid Plus Alternate No.1. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, monthly during performance of the Work as provided in Paragraphs 5.02.Al and 5.02.A2 below. All such payments will be measured by the schedule of values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B5 of the General Conditions and less 100 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 5.03 Final Payment 000034-08208-0 ~ 2008 Bonestroo 00520-2 AGREEMENT FORM A. Upon Final Completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 6 - INTEREST 6.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate the maximum rate allowed by law at the place of the Project. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 000034-08208-0 %l 2008 Bonestroo 00520-3 AGREEMENT FORM 1. 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. 1. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: I. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications. 6. Drawings Bearing the Following General Title: 2008 Crack Repair and Seal Coat. 7. Addenda (None). 8. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid Form. c. Documentation submitted by Contractor prior to Notice of A ward. d. Any modification, including Change Orders, duly delivered after execution of Agreement. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in Paragraph 8.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 8. 000034-08208-0 @ 2008 Bonestroo 00520-4 AGREEMENT FORM D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.05 of the General Conditions. ARTICLE 9 - MISCELLANEOUS 9.01 Terms used in this Agreement will have the meanings indicated in the General Conditions. 9.02 No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 000034-08208-0 <9 2008 Bonestroo 00520-5 AGREEMENT FORM IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on Agreement). JJ ~/ 16 , , 2008 (which IS the Effective Date of the Owner: Contractor: /VJ(C? ffF5j'cJty}j- /; [ SEAL] y/ . ~/ I CLl!..f/LA___t (.' dr'LL (ep iSly, A~st [~~ SE~] ... Address for giving notices: .... Attest Address for giving notices: CITY OF NEW HOPE 4401 XYLON AVE NO. NEW HOPE, M1'J 55428 -::., License No. (Where applicable) Agent for service of process: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name: J{;;(JC 1/7 (!iJo/}/}~ rJ J-r;l. m 11- /)/:J&~{( . Title: ciTY OF NEW HOPE Address: 4401 XYLON AVE NO. NEW HOPE, MN 55428 Designated Representative: Name: PelF', JA ('.aD) ' s!r &IT I Title: V/'r'~ Pr~)' drr-yr)- Address: Phone: 1Ul~~i5,J\542u Facsimile: 11A 1M/5/:f? Phone: (7(03) Lf2S- CJC:;;-7S Facsimile: (70 -' ') Lf 2-'5:. - I CY-fl 0 END OF DOCUMENT 000034-08208-0 ~ 2008 Bonestroo 00520-6 AGREEMENT FORM B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 day period specified in Paragraph SC-16.01.C, and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer and Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. in inclusions of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Documents provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. SC-16.01.D Add the following new paragraph immediately after Paragraph SC-16.01.C: D. Notwithstanding any applicable statue of limitations, a party giving notice under Paragraph SC-16.01.Cl shall commence an action on the claim within 1 year of giving such notice and within the period of any applicable statute of limitation or repose. Failure to do so shall result in the claim being time-barred and Engineer's action or denial shall become final and binding. END OF DOCUMENT 000034-08208-0 @ 2008 Bonestroo 00800-5 SUPPLEMENTARY CONDITIONS SECTION 01100 SUMMARY PART 1 GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: 2008 Crack Repair And Seal Coat Project for the City of New Hope, Minnesota, City Project No. 843. B. Description of Wark: Crack Repair and Seal Coat. 1.03 WORK START DATES A. Set forth in the Agreement: 1. Work on Alternate No.1 has the same start (and completion) date as the Wark under the Base Bid. However, additional restrictions regarding when Work included in the Alternate can be performed will apply. See Section 0 131O for these additional restrictions. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site: 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction are at the Public Warks Facility as shown on the Drawings and shall be removed upon completion of Work. 000034-08208-0 @ 2008 Boneslroo 01100-1 SUMMARY 2. Keep existing driveways and entrances clear and available to the public and to the Owner. 3. If additional space is needed, obtain and pay for such space off Site. B. The Owner has the right to limit/eliminate any of the described work to fit budget constraints without adjustment to Bid Unit Prices. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-08208-0 (Q 2008 Bonestroo 01100-2 SUMMARY SECTION 01200 PRlCE AND PAYMENT PROCEDURES PART I GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for pricing of Work, and request for payment procedures. 1.02 BID UNIT PRlCES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price Work. B. Provide documentation to substantiate Bid Unit Price Work. C. If the Contractor delivers and places more of any material that is paid for on a Bid 'Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.03 PAYMENT PROCEDURES A. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. B. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price Work. PART 2 PRODUCTS Not Used. 000034-08208-0 @ 2008 Bonestroo 01200-1 PRICE AND PAYMENT PROCEDURES PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-08208-0 @ 2008 Bonestroo 01200-2 PRICE AND PAYMENT PROCEDURES SECTION 01310 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Project coordination. 1.02 UTILITIES A. Notify Gopher State One Call before starting construction in a given area, requesting utility locates in the field. 1.03 PERMITS A. Apply for, obtain, and comply with permits, licenses, and approvals which may be required for the Project. 1.04 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer and Resident Project Representative a minimum of 48-hour notice in advance of the need for measurements and observation of Work. B. Engineer will furnish a Resident Project Representative consistent with Paragraph 9.10 of the Supplementary Conditions. 1.05 PROJECT MEETINGS A. Administrative Requirements: 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit ' the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time and sites and prepare the agenda for the meetings. 3. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference: 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 000034-08208-0 @ 2008 Bonestroo 01310-1 PROJECT MANAGEMENT AND COORDINATION 2. Requirements for preconstruction submittals are set forth in the General Conditions. C. Progress Meeting Procedures: 1. Engineer may schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. 1.06 CONSTRUCTION SCHEDULING A. Sequencing and Scheduling: 1. Seal coat will not begin until the crack repair has been completed. 1.07 WORK RESTRICTIONS A. Alternate No.1 - Hidden Valley Park Parking Lot: 1. Due to usage of parking lot during scheduled park activities, work activities including crack repair, seal coat operations, sweeping, and striping, shall be limited to the following periods: a. Any Fridays within the specified start and completions dates. b. Anytime the week of June 30th. c. Anytime after August 1st. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 IvIEASUREIvIENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-08208-0 @ 2008 Bonestroo 01310-2 PROJECT MANAGEMENT AND COORDINATION SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES A. Temporary utilities and miscellaneous temporary facilities required during construction. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. 1.03 SUBMITT ALS A. Submit Traffic Management and Control Plan. Plan shall include the following information: 1. Traffic control measures. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. 000034-08208-0 @ 2008 Bonestroo 01500-1 TEMPORARY FACILITIES AND CONTROLS PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices and building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 TRAFFIC CONTROL A. Provide and maintain all traffic control devices needed to guide, warn, control, and protect traffic throughout the Site. All traffic control devices and other protective measures shall conform to Minnesota MUTCD. B. All necessary signing (i.e.: no parking, loose rock, etc.) shall be coordinated by the Contractor with the City of New Hope. No parking signs shall be placed along all streets a minimum of 24 hours prior to the Work. At least 3 signs per block per side shall be installed to inform residents. Loose rock signs shall be posted immediately after aggregate placement and remain in the boulevard areas for 7 days or until loose aggregate is swept. C. Remove traffic control devices at the conclusion of the Work. D. Flaggers are required to protect vehicles during construction. Conform to the requirements of the Manual on Uniform Traffic Control Devices and the following: while on duty flaggers shall wear hard hats and reflectorized florescent orange vests; and flaggers shall be fully clothed when on duty with shirt or blouse, slacks or trouser, and sturdy shoes. E. Field Quality Control: 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the Manual on Uniform Traffic Control Devices. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. 000034-08208-0 @ 2008 Bonestroo 01500-2 TEMPORARY FACILITIES AND CONTROLS 2. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 days per week, during the time any traffic control devices furnished and installed by the Contractor are in place. 3. Provide access for emergency vehicles and busses to all residences at all times. 4. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. 5. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic or natural causes, or when requested by Engineer. 3.03 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all Work and costs of this Bid Item. B. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-08208-0 (Q 2008 Bonestroo 01500-3 TEMPORARY FACiliTIES AND CONTROLS SECTION 02765 BITUMINOUS CRACK REPAIR TREATMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. The rehabilitation of longitudinal and traverse cracks III existing bituminous pavements. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1.03 DESCRIPTION A. The Work shall consist of repairing cracks in streets shown on the Drawings. Cracks to be repaired shall be as directed by the Engineer, including longitudinal transverse cracks. Cracks repaired in previous years will not be cleaned and refilled, unless directed by the Engineer. 1.04 SEQUENCE AND SCHEDULING A. Specific locations of the crack repair work shall be identified by the Engineer prior to the Contractor performing the specified Work. B. Bituminous crack repair treatments shall be performed prior to placement of the seal coat. PART 2 PRODUCTS 2.01 MATERIALS A. The pavement joint sealant shall conform to MnDOT Spec. 3723. PART 3 EXECUTION 3.01 GENERAL A. The application shall be for longitudinal and traverse cracks. The completed joint repair treatment shall have a homogenous appearance and a uniform texture. B. Perform operations only during daylight hours and in a continuous manner. 000034-08208-0 BITUMINOUS CRACK @2008Bonestroo 02765-1 REPAIR TREATMENTS C. Establish traffic control which is compatible to the operations being performed. D. Problems with the routing method that is typically used have arisen in past projects. The previous seal coat applications have created a buildup of aggregate on the surface of some streets. When the routing is performed, this built up layer separates in large pieces from the street. If this occurs when completing the routing procedure: 1. Notify the Engineer immediately. 2. Proceed with the "Blow and Go" method for crack repair. 3. Perform a test strip on each subsequent street to see if suited for the routing method and revert back to routing if feasible. 4. No adjustments to Bid Unit Prices or quantities or additional compensation will be made because of the requirement of an alternative method to be used for the crack repair work. A Bid Item for Mobilization has been provided to cover costs associated with the moving of equipment and personnel. 3.02 SURFACE PREPARATION A. Joints and cracks shall be routed or milled to an area of 3/4 inch wide by I inch deep, cleaned of any foreign material, dried out, and filled with mixture for joints and cracks. B. Clean thoroughly with a 90 psi (minimum) air blast to remove any dirt or loose material from the crack void. C. Prior to placement of crack filler, a heat lance shall be used which is capable of drying out the crack. D. Blow or brush the excess material off the adjacent pavement surface. All streets shall be swept after crack sealing to pick up crack millings. 3.03 APPLICATION A. Application equipment shall consist of an oil-jacked soluble boiler equipped with an agitator. Separate thermometers for oil and seal shall be provided for on the melter pot. Pour pots are not acceptable. B. The application rates shall be in accordance to the manufacturer's requirements for the specific equipment being used. C. Sealant overfill shall extend 1/2 inch on each side of the crack. The rates shall be reviewed by the Engineer prior to application. 000034-08208-0 @ 2008 Bonestroo 02765-2 BITUMINOUS CRACK REPAIR TREATMENTS D. Upon completion of placement of joint repair material, carefully placed toilet paper shall be placed over the material to prevent tracking. E. The Contractor shall protect the completed work for the full amount of time required for curing of the materials placed 3.04 FIELD QUALITY CONTROL A. Final results of cleaning joint subject to Engineer's approval. B. Application time of sealing is subject to the Engineer's approval. C. Do not place sealants if the Engineer determines the weather and roadbed conditions to be unfavorable. 3.05 MEASUREMENT AND PAYMENT A. The Contractor shall supply weight tickets and documentation of the pounds of sealant applied. Payment for Bid Item "Route and Seal" shall be by the pound furnished and placed. This shall be compensation in full for all costs of removal, disposal of existing materials, and furnishing and placing the filler materials as specified, regardless of which method is used. B. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-08208-0 @ 2008 Bonestroo 02765-3 BITUMINOUS CRACK REPAIR TREATMENTS SECTION 02766 PAVEMENT MARKINGS PART 1 GENERAL 1.01 SECTION INCLUDES A. Furnishing and applying pavement markings for control and guidance of traffic. 1.02 RELATED SECTIONS A. Section 02785 - Bituminous Pavement Treatments. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. The Application Specification for Conventional Pavement Marking Materials, 3 Minute Dry Alkyd and High Solids Latex. 2. High Solids Water Based Traffic Paint. 1.04 SUBMITTALS A. 1 copy of the chosen paint lot or batch formulation. B. Pavement Marking Contractor Qualifications/Certifications. C. MnDOT Certification approvals. 1.05 SEQUENCING AND SCHEDULING A. As per MnDOT Specifications. 000034-08208-0 @ 2008 Bonestroo 02766-1 PAVEMENT MARKINGS PART 2 PRODUCTS 2.01 MATERIALS A. Paint: I. High Solids Water Based or 3 Minute Dry Alkyd: a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Color Index Pigment Yellow No. 65 or No. 75. d. White Color - Flat white. e. Yellow Color- Color No. 33538 of Federal Standard 595. 2.02 EQUlPMENT A. General: 1. Vehicles used shall be deployed and equipped with traffic control devices set forth in the "Minnesota Manual on Uniform Traffic Control Devices, Field Manual." 2. Shadow vehicle with truck-mounted attenuator shall be used on streets with posted speed equal to or greater than 40 m.p.h. or ADT greater than 1500 vehicles per day. 3. Equipment used for spray applications shall be capable of applying glass beads by a pressurized system at a rate of at least 25 lbs/gal. 4. Capable of accumulating footage applied per gun. 5. Stainless steel components in the delivery system required for water-based materials. 000034-08208-0 @ 2008 Bonestroo 02766-2 PAVEMENT MARKINGS PART 3 EXECUTION 3.01 GENERAL A. The pavement marking crew shall include at least 1 technical expert knowledgeable in each of the following areas: 1. Equipment operation. 2. Application techniques. 3. Traffic control. 4. Safety regulations. B. The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected pavement surfaces, unless adequate provisions are made to prevent spillage of material. 3.02 SCHEDULE A. Pavement Markings: 1. Place following completion of sweeping operations and acceptance of seal coat process: a. No sooner than 24 hours after sweeping excess aggregate. b. Within 5 working days of completion of sweeping. 3.03 PREPARATION A. Locations: 1. In general accordance with the Drawings included in the Specifications. 2. Pavement marking devises to be installed in accordance with Section 02785. 3. All existing markings are to be repainted upon completion of the seal coat work. B. Street Surface: 1. Engineer may direct cleaning of surface as necessary immediately prior to marking application: a. Brushing with non-metallic rotary broom. 000034-08208-0 @ 2008 Bonestroo 02766-3 PAVEMENT MARKINGS b. Other cleaning method approved by Engineer. c. Air blast following cleaning. 2. Surface must be dry. 3. Minimum surface temperature is 50 degrees F. 3.04 APPLICATION A. General: 1. Tolerance: a. Width: A tolerance of 1/4 inch under or 1/4 inch over the specified width will be allowed for striping provided the variation is gradual and does not detract from the general appearance. b. Length: Broken line segments may vary up to 2-3/4 inches from the specified lengths provided the over and under variations are reasonably compensatory. c. Alignment: Deviations from control guide shall not exceed 2 inches. d. Establishment of application tolerances shall not relieve the Contractor of his responsibility to comply as closely as practicable with the planned dimensions. 2. Material shall not be applied over longitudinal joints. 3. 4 inch broken line consists of 10 feet of paint and 40 feet space (1 cycle). 4. If same equipment used for different color material with change in color, an amount of material equal to fifteen 10 foot long stripes shall be wasted ' prior to beginning application with the new color. 5. Conditions: a. Markings shall not be applied when wind or other conditions cause a film of dust to be deposited on the pavement surface after cleaning and before the marking material can be applied. c. Except when used as a temporary marking, pavement markings shall only be applied in seasonable weather when air temperature is 50 degrees F or higher. 000034-08208-0 @ 2008 Bonestroo 02766-4 PAVEMENT MARKINGS B. Paint: 1. Minimum thickness 15 mil. 2. In accordance with the appropriate MnDOT Spec. 3. Painted lines on the bituminous base course shall be applied once. 4. Painted lines on the bituminous wearing course shall be applied twice. 3.05 CORRECTION OF DEFECTS A. All pavement markings not conforming to the requirements of the Specifications shall be removed and replaced, or otherwise repaired to the satisfaction of the Engineer. B. Where yield computations show a deficiency in material usage of not more than 20 percent, Owner may require satisfactory repair or may accept the Work at a reduced Bid Unit Price that is in direct proportion to the percent of the deficiency. C. Where yield computations show a deficiency in material usage in excess of 20 percent, Owner will require removal and replacement to the satisfaction of the Engineer, unless other means are approved by the Engineer. D. If removal and replacement is required, at least 90 percent of the deficient line shall be removed. E. Width of removal shall be 1 inch wider on all sides than the nominal width of the marking to be removed. F. Removal of unacceptable work shall be accomplished with suitable blasting or grinding equipment, unless other means are authorized by the Engineer. Bituminous street surfacing shall not be damaged by the removal operation. 000034-08208-0 @ 2008 Bonestroo 02766-5 PAVEMENT MARKINGS 3.06 MEASUREMENT AND PAYMENT A. A Bid Item for pavement markings has been provided on the Bid Form. Measurement is Lump Sum and will include all pavement markings, lines, messages, hatching, etc. throughout the Project area. Payment of the Bid Item shall be compensation in full for all costs incidental thereto, including but not limited to surface preparation, traffic control measures, maintaining the Work, removal of temporary pavement markers, together with any other expenses incurred in completing the Work that are not specifically included for payment under the Contract Bid Items: 1. For Bid quantity estimations: a. Quantity estimates for the streets included in the Base Bid Project have been estimated and shown on the Drawings. Actual quantities may vary. Bid Unit Price adjustments will not be made for differences between the estimated quantities and the actual quantities. B. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-08208-0 @ 2008 Bonestroo 02766-6 PAVEMENT MARKINGS SECTION 02785 BITUMINOUS PAVEMENT TREATMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Application of bituminous material followed by placement of an aggregated material on an existing bituminous pavement. 1.02 RELATED SECTIONS A. Section 02765 - Bituminous Crack Repair Treatments. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2356 - Bituminous Seal Coat. 2. 3151 - Bituminous Material. 3. 3127 - Seal Coat Aggregate. 4. 3137.2B - Aggregate Classification. 5. Minnesota Seal Coat Handbook (MSCH). 1.04 SYSTEM DESCRIPTION A. The streets to be seal coated are shown on the Drawings: 1. All aggregate used on the Project will be FA-2, Class A. 1.05 SEQUENCING AND SCHEDULING A. The Contractor must provide the Engineer and Owner 3 weeks notice before starting the Work in general. B. Aggregate stockpiling shall be as directed by the Engineer or Public Works Director: 1. Aggregate will be stockpiled at Public Works. The location is shown on the Drawings and will be reviewed at the preconstruction meeting. 000034-08208-0 @ 2008 Bonestroo 02785-I BITUMINOUS PAVEMENT TREA TMEN'TS 2. The Contractor must keep a loader at the stockpile at all times and maintain the stockpile as necessary. 3. The stockpile must be kept within the designated limits and not be allowed to spread to the extent that it interferes with City and residential activity. C. Prior to starting Work, the Contractor shall meet the Engineer and Owner to discuss the method, means, and location of material supply, a work schedule, and a general review of the Specifications. D. The Contractor shall coordinate with the City on any repairs needed to pavement prior to seal coating. E. The Contractor is responsible for notifying the Engineer 72 hours in advance of the seal coating operations for developments to allow the Engineer time to distribute notification to the residents restricting parking and use during the seal coat operation. PART 2 PRODUCTS 2.0 1 MATERIALS A. Bituminous Material: 1. Conform to MnDOT Spec. 3151, Emulsified Asphalt, Cationic Grade, CRS-2. B. Seal Coat Aggregate: 1. Conform to MnDOT Spec. 3127 and 3137: a. Aggregate classification, conform to MnDOT Spec. 3137.2B: I) Class A Aggregate. b. Aggregate gradation, conform to MnDOT Spec. 3127.2B: 1) FA-2(A). 2. A material sample may be required prior to approval. 000034-08208-0 <9 2008 Bonestroo 02785-2 BITUMINOUS PAVEMENT TREATMENTS PART 3 EXECUTION 3.01 GENERAL A Prospective Bidders are advised to inspect all streets and verify existing conditions to their own satisfaction prior to submitting a Bid. 3.02 RESTRICTIONS A Conform to MnDOT Spec. 2356.3A, except as modified herein: 1. Seal coating operations conducted only 7 AM. to 9 P.M., Monday through Friday, and 9 AM. to 9 P.M. on Saturdays. No work on Sundays or holidays, unless approved by the Owner. 2. Any water required can be provided by the Owner. Coordinate with Bernie Weber, 763-592-6762, at Public Works. 3. Assign at least 1 laborer strictly to walk behind the chip spreader operation to hand broom or clean up any missed area or piles of aggregate. 4. Application of bituminous material to concrete curb surfaces and into City storm sewers is prohibited. The Contractor will be responsible for the immediate removal of said material. 3.03 EQUIPMENT A Conform to MnDOT Spec. 2356.3B, except as modified herein: 1. Aggregate spreader shall be a self-propelled and computerized. 2. The sweeping broom shall be a power pick up broom. 3.04 SURFACE PREPARATIONS A All street surfaces carefully cleaned, scraped, swept, and approved by the' Engineer prior to seal coating. B. Application of water may be required to minimize the creation of air borne dust and assist in the sweeping and cleaning operation. C. Hand cleanup used as necessary. D. Cover all manhole and gate valve box covers with fine aggregate or sand prior to seal coating, so that seal coat material does not adhere to the cover surface: 1. Clean all fine aggregate and seal coat material from manhole and gate valve box covers once Work is completed. 000034-08208-0 @ 2008 Bonestroo 02785-3 BITUMINOUS PAVEMENT TREATMENTS 2. Dispose of all fine aggregate and seal coat material at an acceptable location outside the City limits. 3.05 BITUMINOUS MATERIAL APPLICATION A. Conform to MnDOT Spec. 2356.3D, except as modified herein: 1. Application rates shall be modified only as directed by the Engineer or an authorized representative. 2. Application rates will be determined based on existing surface conditions and traffic volumes. 3.06 AGGREGATE APPLICATION A. Conform to MnDOT Spec. 2356.3E, except as modified herein: 1. Application rates shall be modified only as directed by the Engineer or an authorized representative. 2. The Contractor is responsible to perform the test strip and calibration of the chip spreader in accordance to the "Standard Method for Determining the Transverse Spread Rate for Surface Treatment Application" (Modified Method ASTM D5624-95): a. Complete this procedure on the first day of seal coat application and 1 additional time during construction as requested by the Engineer. b. All cost associated with this test are considered incidental to the aggregate placement Bid Item. 3. Hand spreading or brooming of seal coat aggregate will be required of the Contractor where non-uniform application of seal coat bitumen and/or aggregate occurs, and small irregular areas. 3.07 ROLLING OPERATIONS A. Conform to MnDOT Spec. 2356.3F, except as modified herein: 1. Rolling operations shall be performed to allow the aggregate to properly be embedded into the binder material prior to the binder "breaks." 2. A minimum of 3 rollers will be required. 3. Compact for a minimum of 3 passes over all areas with 5 passes required on heavily traveled roadways with speed limits greater than 30 mph. BITUMINOUS PA YEMENT 02785-4 TREATMENTS 000034-08208-0 @ 2008 Bonestroo 4. Roller speed not to exceed 5 mph. 3.08 INITIAL SWEEPING OF EXCESS AGGREGATE A. Sweeping operations shall begin approximately I to 3 days after seal coat has been allowed to set up. B. Engineer to determine the exact date to begin sweeping operations. C. In the event that the Contractor has not completed the sweeping within the specified time of the completion of application, a penalty of $100 per calendar day will be charged until the sweeping is completed. D. Utilize more than 1 power pick-up broom if necessary to meet time requirement. E. The Contractor shall be responsible for the sweeping and removal of the excess aggregate from the streets shall be disposed of offsite. 3.09 PROTECTION A. Conform to MnDOT Spec. 2356.3G, except as modified herein: 1. The Contractor shall be responsible for damage done to any adjacent driving surfaces, shoulders, or boulevards. B. Traffic Control: 1. It will be the Contractors responsibility to install and maintain warning signs at the entrances to developments or the ends of the streets being seal coated. All necessary signs shall be coordinated with the City: a. These signs shall be 36 inches by 36 inches with the wording "Loose Rock." b. Signs equipped with warning lights. c. Signs to remain in-place until the sweeping of excess aggregate is complete. d. Compensation for all work related as part of the Bid Item "Traffic Control." 2. Traffic rerouting is the responsibility of the Contractor. 3. All flag persons, barricades, flashers, and safety measures are the sole responsibility of the Contractor. 000034-08208-0 @ 2008 Bonestroo 02785-5 BITUMINOUS PAVEMENT TREATMENTS 4. Provide sufficient direction and warning signs on the Project to minimize inconvenience to property owners and the traveling public. 5. Provide reasonable access at all times for abutting property owners and for emergency vehicles. Utilize flares or approved flashers from sunset to sunrise if required by the construction. 3.10 FIELD QUALITY CONTROL A. The Contractor shall submit for review by the Engineer at the Pre-Construction Conference, a report from an independent testing laboratory indicating the gradation, median aggregate size, flakiness index, bulk specific gravity, and loose unit weight of the aggregate being supplied for the Project. This information shall be used to determine the design application rates for the aggregate and bituminous material. B. The Contractor shall submit for review by the Engineer at the Pre-Construction Conference information regarding the anticipated residual asphalt content of the proposed binder material. C. The Contractor is responsible for notifying the Engineer of pit location, bituminous supply, scale location, and any other correlated items in advance of starting time so that adequate control measures can be established. D. Inspections shall be performed in accordance to the MnDOT Minnesota Seal Coat Handbook. 3.11 MEASUREMENT AND PAYMENT A. Bituminous Material: 1. Measurement shall be based on the bituminous material applied by volume in gallons at 60 degrees F. 2. Payment shall be made based on the Bid Item provided on the Bid Form and shall include the following: a. Delivery of material. b. Distributor calibration. c. Distribution and application. 3. Bid Form quantity is estimated based on an application rate of 0.25 gallons per square yard. 000034-08208-0 @ 2008 Bonestroo 02785-6 BITUMINOUS PA VEt...lENT TREATMENTS B. Seal Coat Aggregate: 1. Measurement shall be based on tons of material placed and accepted: a. Stockpiled aggregate material requires weight tickets specifically noting the gross, net, and tare weights of material delivered. 2. Payment shall be made based on the Bid Item provided on the Bid Form for each specific aggregate type and include the following: a. Delivery and stockpile of aggregate. b. Initial aggregate testing. c. Specified surface preparation. d. Calibration of aggregate spreader. e. Hauling and spreading of aggregate. f. Rolling and compaction of aggregate. g. Initial sweeping costs. 3. Bid Form quantity is estimated based on an application rate of 23 pounds per square yard. C. Traffic Control paid for as a Lump Sum based on the Bid Unit Price stated on the Bid Form. D. The Owner reserves the right to add or decrease the Bid Form quantities without a change in the Bid Unit Price. E. If any application rate of the aggregate of bituminous material, as determined by the Engineer, is greater than 10 percent that designated by the Engineer at the start of the Project, the materials in excess shall be incidental to the remainder of the' Project. F. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-08208-0 @ 2008 Bonestroo 02785-7 BITUMINOUS PAVEMENT TREA TIvlENTS This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By .------ ACEC National Society of Pro.fessional Eng;neers~ ~,~",~"_"",_~_"___,,,,,'~'__'r' _ .._,<-",~_~."~",,..,. , "_~""'~'."~'.m""_",.' Professional fogineel'$ in Privafe Practice ";:.l;.;Rlc.\:-; C<"L':SClL U;.' E."(;I~Lf.HIN(, CU:,1l'.\:-<n..~ PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING CO:NIP ANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America ~a . Knowledge for Creating ~ and Sustaining the Built Environment Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Copyright @2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 101515th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owrier and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-OOI) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ............................................................................................................,.6 1.01 Defined Terms.................................................,........................................................................................... ........,....6 1.02 Terminology......................................................,.......................................................................... ............................8 ARTICLE 2 - PRELIMINARY MATTERS........... ..................... ...... ................ ... ................ ......................... ........................... ...9 2.01 Delivery of Bonds and Evidence of Insurance .........................................................................................................9 2.02 Copies of Documents............................................................. ..................................................................................9 2.03 Commencement of Contract Times; Notice to Proceed ...........................................................................................9 2.04 Starting the Work..................................................................................................................................................... 9 2.05 Before Starting Construction ........................................................................................................................ ...........9 2.06 Preconstruction Conference.................................................................................................................... .................9 2.07 Initial Acceptance of Schedules............................................................................................................................... 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE....................................................................... 10 3.01 Intent......................................................................................................................................... ................... ..........10 3.02 Reference Standards........................................................................................................................................ ......10 3.03 Reporting and Resolving Discrepancies ................................................................................................................10 3.04 Amending and Supplementing Contract Documents ..............................................................................................11 3.05 Reuse of Documents........................................................................................................................................... ... .11 3.06 Electronic Data............................................................................................................................................... ...... .11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ......................... ...................................... ..... ........................... .11 4.01 A vailability of Lands ........................................................................................................... ...................................11 4.02 Subswface and Physical Conditions ................................................................ ....................... ............................ ...12 4.03 Differing Subswface or Physical Conditions........................................................................................................ .12 4.04 Underground Facilities.............................................................................................. ........................................... .13 4.05 Reference Points................................................................................................................................................. .. .13 4.06 Hazardous Environmental Condition at Site .........................................................................................................13 ARTICLE 5 - BONDS AND INSURANCE .............................................................................................................................14 5.01 Perfonnance, Payment, and Other Bonds .................... .................... .................................... ................ ,.................14 5.02 Licensed Sureties and Insurers ........... ...... .... ...... ......................................... .....,............. ....... ................... ,.............15 5.03 Certificates of Insurance ... .............................. .......... .... ...... ............ ...................... .... ..... .... ... ...... ,....... ............ .... ...15 5.04 Contractor's Liability Insurance........................................................................................................................... .15 5.05 Owner's Liability Insurance ....... ......... .................... ........... ........ ............................... ...... ....... .... ......... ................. .16 5.06 Property Insurance............................................................................................................................... ................ .16 5.07 Waiver of Rights. ................................. ..... ................. ... .................................................. ... ....................... ,.......... ...17 5.08 Receipt and Application of Insurance Proceeds ....................................................................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................................................17 5.10 Partial Utilization, Acknowledgment of Property Insurer .....................................................................................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ........................................................................,.................................18 6.01 Supervision and Superintendence ..........................................................................................................................18 6.02 Labor; vVorking Hours.... ....................... .................. ............. ........................... .............. ....... ...,..... ..................... ...18 6.03 Services, Materials, and Equipment...................................................................................................................... .18 6.04 Progress Schedule................................................................................................................................... .............. .18 6.05 Substitutes and "Or-Equals" .. ....... ..................................................................... ............ .... .............. .....................19 6.06 Concerning Subcontractors, Suppliers, and Others...............................................................................................20 6.07 Patent Fees and Royalties. ........ ..:....,................... ...........,..................... .............. ... .......... ..... ..... ......... ................ ...21 6.08 P ennits ................................................................................................................................... ..,............................ .21 6.09 Laws and Regulations .. ...................... ...... .... ........ .... ......... .......... .......... .... .... ...... .........,. .... ......... ... ............ ... ........ .21 6. IO Taxes.................................................................................................................................. ................................... .22 6.11 Use of Site and Other Areas...................................................................................................................................22 6.12 Record Documents..,................,......................................................................................,..................... .................22 6.13 Safety and Protection ........................................... .............. ................... ,.. ........ ..... ..... ....... .... ..... ......... ................ ...22 6.14 Safety Representative................................................................................................................................ ............ .23 6.15 Hazard Communication P rog rams....................................................................................................................... .23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 6.16 Emergencies.........................................................,.................................................................... .............................23 6.17 Shop Drawings and Samples ........................ ......... ................ ........................... ....................... ..................... ..........23 6.18 Continuing the Work .................................. ......... ............. ................................. ,... ...................... ............. ........ ,.. ,..24 6. I9 Contractor's General Warranty and Guarantee ............................ ........................ ............................,...... .........,. ..24 6.20 Indemnification....................................,.........,........................................................................... .......................,....24 6.21 Delegation of Professional Design Services ......................... .......... ................................. ....... ..................... ..........25 ARTICLE 7 - OTHER WORK AT THE SITE .........................................................................................................................25 7.01 Related Work at Site ............... ..................... ........ .............,...... ......... ........ ...... ... .... .................................... ........... ..25 7.02 Coordination......... ................................................................................................................................................ .26 7.03 Legal Relationships................................................................................................................................. .............. .26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ....,... ..... .... ....................................................................................... ............ ..26 8.01 Communications to Contractor............................................................................................................................. .26 8.02 Replacement of Eng ineer ....................................................................................................................................... 26 8.03 Funlish Data........................................................................................................................................................ . .26 8.04 Pay yVhen Due....................................................................................................................................................... .26 8.05 Lands and Easements; Reports and Tests ..............................................................................................................26 8.06 Insurance.................................................................................................................................................. ..............26 8.07 Change Orders................................................................................................................................................ ...... .26 8.08 Inspections, Tests, and Approvals......................................................................................................................... .26 8.09 Limitations on Owner's Responsibilities.............................................................................................................. ..27 8.10 Undisclosed Hazardous Environmental Condition........................ .............. .......................... .................... .... ,.......27 8.11 Evidence of Financial Arrangements ........................................................................................................... ........ ..27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION .....................................................................................27 9.01 Owner's Representative................................................................................................................................... ......27 9.02 Visits to Site............................................................................................................................................ ................27 9.03 Project Representative................................................................................................................................ .......... .27 9.04 Authorized Variations in Work.............................................................................................................................. .27 9.05 Rejecting Defective Work...................................................................................................................................... .27 9.06 Shop Drawings, Change Orders and Payments .....................................................................................................28 9.07 Detenninations for Unit Price Work..................................................................................................................... .28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................................................28 9.09 Limitations on Engineer's Authority and Responsibilities.....................................................................................28 ARTICLE 10 - CHANGES IN THE WORK; CLAliVIS ...........................................................................................................28 10.01 Authorized Changes in the Work........................................................................................................................... .28 10.02 Unauthorized Changes in the Work ................ ,... ........................... ........................................................... .............29 10.03 Execution of Change Orders................................,................................................................................................ .29 10.04 Notification to Surety.......................................................................................:.............................................. .......29 10.05 Claims............................................................................................................................ ....................................... .29 ARTICLE 11 - COST OF THE WORK; ALLOW At"l'CES; UNIT PRICE WORK..................................................................30 11.01 Cost of the yVork............. ........ ..................... ...... ............................... ........ ............................. ............... ................. .30 11.02 Allowances .......................................... ...... ..... ,......... .......................... ...... ......................... ......... .... ... ........... ..........31 11.03 Unit Price yVork ......................................... ...... ........ ........... ............. ............... ....................... ................................ 31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .....................................................32 12.01 Change of Contract Price.................................................................................................................................. ....32 12.02 Change of Contract Times................................................................................................................................ .....33 12.03 Delays............................................................................,............................................ ...............................,...........33 ARTICLE 13 - TESTS Al'ID INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......33 13.01 Notice of Defects..........................................,...........,....,................................................................ ..,................,....33 13.02 Access to Work............................................................................................................,.................. ...................,....33 13 .03 Tests and Inspections......................................,....................................................................................... ...............33 13.04 Uncovering YV ork .....................................................................................................................,................... ..........34 13.05 Owner May Stop the yVork .....................................................................................................................................34 13.06 Correction or Removal of Defective Work .............................................................................................................34 13.07 Correction Period....................................,...,...,........................................................................... .........................,34 13.08 Acceptance of Defective Work .....................................................................................................................,.........35 13.09 Owner May Correct Defective Work......................................................................................................................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR A.J.'ID CONIPLETION...............................................................................36 14.01 Schedule of Values......................,............................................................................................................ ..............36 14.02 Progress Payments.............................................,......,............,......................................................... ,................,....36 14.03 Contractor' s Warranty of Title.............................................................................................................................. 37 14.04 Substantial Completion.........................................................................................................,.................... ............37 EJCDC C- 700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 14.05 Partial Utilization...........................................................................................................................,....... ......,........38 14.06 Final Inspection................................................................................,.....................................,................. .............38 14.07 Final Payment.....................................................................................................................................,.. ................38 14.08 Final Completion Delayed....................,................................................................................................................ 39 14.09 Waive r of Claims....................................................................................................................................... ............ .39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.........................................................................................39 15.01 Owner May Suspend Work..................................................................................................................................... 39 15.02 Owner May Terminate for Cause...................................................................................,....................................... 39 15.03 Owner May Terminate For Convenience ...................................... ................... ......................................................40 15.04 Contractor May Stop Work or Terminate ..............................................................................................................40 ARTICLE 16 - D ISPUTE RESOLUTION...............,............................................................................................................... .41 I 6.0 1 Methods and Procedures...................................................................................................................................... .41 ARTICLE 17 - MISCELLANEOUS .... ....................................,................ .................... ...... ........... ............... ........ ....................41 17.01 Giving Notice........................................................................................................................................... ............. .41 17.02 Computation of Times........................................................................................................................................... .41 17.03 Cumulative Remedies.......................................................................................................................................... .. .41 17.04 Survival of Obligations ..................... ............................................................... ........... ............... ......,.....................41 17.05 Controlling Law.....................................................................................................................................................41 17 .06 Headings............................................................................................................................................... ................ .41 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERl'vlINOLOGY LOl Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initiaI capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titIes of other documents or forms. L AddendauWritten 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 which is evidence of the agreement between Owner and Contractor covering the Work. 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. AsbestosuAny material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. BiduThe offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. BidderuThe individual or entity who submits a Bid directly to Owner. 7. Bidding Requirements and the (including all Addenda). Documentsu The Bidding proposed Contract Documents 8. Bidding RequirementsuThe Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change OrderuA document recommended by Engineer 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, issued on or after the Effective Date of the Agreement. 10. ClaimuA demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 1 L ContractuThe entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documentsu Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Priceu The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph Il.03 in the case of Unit Price Work). 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. ContractoruThe individual or entity with whom Owner has entered into the Agreement. 16. Cost of the WorkuSee Paragraph lLOLA for definition. 17. DrawingsuThat part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the AgreementuThe date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. EngineeruThe individual or entity named as such in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 20. Field Order--A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone--A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner wiI! sign and deliver the Agreement. 28. Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Con- tract Times wiI! commence to run and on which Contractor shall start to perform the Work under the Contract Documents, 29. Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs--PolychIorinated biphenyls, 31. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oiI sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. 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. 33. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material--Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative--The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work wiI! be judged. 39. Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. 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. 41. Shop Drawings--AIl drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. 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 for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications--That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJ CDC C- 700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. administrative requirements and procedural matters applicable thereto. 44. 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 at the Site. 45. 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 CompIetion thereof. 46. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions-- That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier--A manufacturer, fabricator, suppli- er, 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 any Subcontractor. 49. 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 those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work--Work to be paid for on the basis of unit prices. 51. 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, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Te/7ninology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives I. 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 requirements of and information in the Contract Documents and conformance with the design concept of the completed 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 Paragraph 9.09 or any other provision of the Contract Documents. C. Day I. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective I. The word "defective," when word "Work," refers to Work that is faulty, or deficient in that it: modifying the unsatisfactory, 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 52. Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 14.04 or 14.05). E. Furnish, Install, Pe/form, Provide L 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. 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. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which 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. 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 Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents 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 Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 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 the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), 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 Documents; 2. a preliminary Schedule of Submittals; and 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 subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference 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 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 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 2.05.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 A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights resened. A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed 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 component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: AMENDING, REUSE INTENT , 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 Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additionaI cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, 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, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Peiformance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, 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 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or ') No provIsIon of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C.700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending Documents and Contract Supplementing A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be suppIemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or SampIe; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's clarification. written or interpretation 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, 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 Engineer's consultants, including electronic media editions; or 2. reuse any of 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 adaption by Engineer. B. The prohibition 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. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long tyrm compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 AVAILABILITY SUBSURFACE AND PHYSICAL HAZARDOUS ENVIRONMENT AL REFERENCE POINTS OF LANDS; CONDITIONS; CONDITIONS; 4.01 A vailability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of generaI application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05, 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 the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 4.02 Subswface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their ReIated Entities 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, opmlOns, 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. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physicaI condition at or contiguous to the Site that is uncovered or revealed 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 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; 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 connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition 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 meet anyone or more of the categories described in Paragraph 4.03.A; and 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 Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final 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 b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such finaI commitment; or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to eXlstmg Underground Facilities at or contiguous 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 Sup- pIementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; 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 such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 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. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Lilnited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after 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 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) 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. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits reIated thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. 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 stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, 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: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, 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 created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 1. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify 0\\ ner 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 requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Ce/1ificates of Insurance A Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance from claims set forth below which 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: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. 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; and 6. 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. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A3 through 5.04.A6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, 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; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; A Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 3. include completed operations insurance; 4. include contractual covering Contractor's indemnity Paragraphs 6.11 and 6.20; liability insurance obligations under 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, 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. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the SuppIementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC Standard Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies 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 of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, 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 Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, 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 as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, 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. Ioss 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 utiIization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequentiaI loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 wiII be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, 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. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 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. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline 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. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 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 ofthe Work. B. All materials and equipment incorporated into the Work sha Il be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and 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. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items ') Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.AI, it will be considered a proposed substitute item. 6.05 Substitutes and "Or-Equals" b. Contractor shall submit sufficient information as provided beIow to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. 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 specification or description 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-equaI" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. 1. "Or-Equal" Items: If in Engineer's sole discretion 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, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05 .AI, a proposed item of material or equipment will be considered functionally equal to an item so named if: d. 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: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, a. in the exercise of reasonable judgment Engineer determines that: b) be similar In substance to that specified, and 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; c) be suited to the same use as that specified; 2) will state: 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, a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; 3) it has a proven record of performance and availability of responsive service; and b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (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 b. Contractor certifies that, if approved and incorporated into the Work: I) there will be no increase in cost to the Owner or increase in Contract Times, and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights resened. c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B, Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equaL" Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. Documents (or in the provIsions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a repIacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. 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. 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 E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute. Contractor shall also reimburse Owner for the Engineer to payor to see to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. or entity except as may otherwise be required by Laws and Regulations. D. Contractor shaIl be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shaIl require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier wiIl be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specificaIly binds the Subcontractor or SuppIier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer" and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, 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 such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shaIl 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 shaIl be disclosed by Owner in the Contract Documents. B. To the fuIlest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, 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. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, 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 opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shaIl give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shaIl be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear 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. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 6.10 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. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not umeasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, 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 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 by or based upon Contractor's performance of the Work. B. Removal of Debris During Perfonnance of the Work: During the progress of the Work Contractor shall keep the Site and other 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 com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading 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 property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. 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; 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, 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 owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.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 or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 22 ings or Specifications or to the acts or omISSIons of Owner or Engineer or , 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). D. Contractor's duties and responsibilities for safety and for protection of the Work 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 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 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. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion 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. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings 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 provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17 .D. ') Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified III the Specifications. b. 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 6.17.D. B. 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. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample Drawings and Samples requirements of the Work Documents. with other Shop and with the and the Contract 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. a. Submit number of copies specified III the General Requirements. A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A. Contractor shall carryon the Work and adhere limited to all fees and charges of engineers, architects, Progress Schedule during all disputes or attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. - 24 with respect to Contractor's review and approval of that 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 both a written cOIl},munication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. 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 Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval 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 6.17.C.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's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17 .C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected 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. 6.18 Continuing the Work to the disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 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 Related Entities shall be entitled to rely on representation of 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, Sub- contractors, 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 issuaJ;1ce 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 or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification 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 respective consultants, agents, officers, directors, partners, or employees by any employ- ee (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 6.20.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 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, 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. 6.21 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 law. shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop 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 6.21, 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 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, 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. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.0 I.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 8.09 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. 8.10 Undisclosed Condition Hazardous Environmental A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals 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 9.09. Particularly, but without limitation, during 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. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. 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. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which 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 Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with 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, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Detenninations for Unit Price Work A. 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 Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 1O.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents 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. 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 respon- sible 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 Qperating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments 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 responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAINIS 10.01 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 D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright@2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 28 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work AContractor shall not be entitled to an increase III 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 as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 1O.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. 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; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carryon the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A 10.04 Notification to Surety A If notice 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) is required by the provisions of any bond to be given to a surety, 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. 10.05 Claims A Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 1O.05.C or denial pursuant to Paragraphs 1O.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 COST OF THE WORK; ALLOW ANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.0 I.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B. 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 at the Site. 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, vacation and holiday pay applicable 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 pay- ments, 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. 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 11.01. 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 mainte- nance, 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 perfor- mance 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 equip- ment, 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, 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 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.D), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and 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 telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. 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, attor- neys, 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 11.01.A.l or specifically covered by Paragraph 11.01.A.4, all of which 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 . be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an 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 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 I.A and 11.0 I.B, 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. 11.02 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. B. Cash Allowances 1. Contractor agrees that: a. 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 b. 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 1. 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. 11.03 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 C. Contractor's Fee: When all the Work IS times the estimated quantity of each item as indicated in performed on the basis of cost-plus, Contractor's fee shall the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 I.A and 11.0 I.B, 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. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. 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. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor 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. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for 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, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily In accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: 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 11.01.A.l and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.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 Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.l and 1 1.0 LA. 2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and l1.01.B; 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 anyone change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, 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 Price or the Contract Times , or both. 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. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is 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 described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. 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. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. 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, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, 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 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 Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. 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, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 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, 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. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed 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: 1. repair such defective land or areas; or 2. correct such defective Work; or 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 other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 re- moved and replaced. 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) will be paid by Contractor. 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 13.07, 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. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. 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) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner ivIay 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 in accordance with Paragraph 13.06.A, 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, 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 13.09, 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, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or 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 (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) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will 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 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C-700 Standard General Conditions of the Constmction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. 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 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. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, 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. 2. 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 on the Site 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: b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to 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 responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 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 supervis~, 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 moneys 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 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. a. the Work has progressed to the point indicat- ed; inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. 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; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount 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, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 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 (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. 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 tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written object,ion to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization 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 condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially 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 14.04 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 5.10 regarding property insurance. 14.06 Final Inspection that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 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 inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible 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. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of A. Upon written notice from Contractor that the the Work during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. 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 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing 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. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and, will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retain age stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 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 notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminatefor Cause A. The occurrence of anyone or more of the following events will 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 established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. 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 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such 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. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0 I.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner lvIay 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; 3. 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) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of]oss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Temlinate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally 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 15.03. 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 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. - 40 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.C or a denial pursuant to Paragraphs 1O.05.C.3 or 1O.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in wntIllg to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLAl'ffiOUS 17.01 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 to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. 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. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. ACORD~ CERTIFICATE OF LIABILITY INSURANCE OP 10 2~ DATE (MMiDDNYYY) ALLIE~2 05/~5/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Steven sco~J.ard ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Northern capitaJ. Insurance Gp HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 9396 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Minneapolis MN 55440-9396 I INSURERS AFFORDING COVERAGE Phone:952-996-88~8 Fax:952-829-0482 NAlC '# INSURED INSURER A HarleysviJ.J.e Insurance Co. 23582 INSURER B: TBG - star Insurance Co. Allied B+ackto~ company INSURER C I Pete ca~~stran ~0503 9th Avenue North INSURER 0 I Maple Grove MN 55369 I lNSIJRFR E COVERAGES TciE POLICIES OF INSURANCE LISTED BELOW :-'AVE EEEN ISSUED TO IHE INSURED WMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOJIREME,,[f. TERi.1 OR CO"DITION OF ,~NY CO, JTR,<.CT OR OIHER DOCUM8'[f WITH RESPECT TO 'NHICH THIS CERTIFICP,TE MAYBE ISSUED OR W.AY PERTAIN, THE INSUR.'\NCE A=FORDED BY 11-;:: POLICiES DESCRIBED HEREIN is SUBJECT TO ,~LL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE liMITS SHOWN 1'1."- Y I-'AVE BEEN REDUCED BY PAID CLAIMS. LTR NSRD TIPE OF INSURANCE POLICY NUMBER I PD~W~MMiDDIYYl I Pl5k!fi/(MMIDDNY) I LIMITS i GENERAL LIABILITY EA,CH OCCURRENCE 5~,OOO,OOO A X !Xl COMMERCIAL GENEP,",,!' LI..;BILITY 11l?A 4J4768 04/30/08 04/30/09 Yt~l.;ot:l u. Kr.::.f'~ J Cl.) 5300,000 PREMISES (Ea occurence) c=I:J CLAIMS Ml\DE I X I OCCUR MED EXP (,Anyone person) 55,000 ~A/I cmpl td Ops CG/263 (3/0S) CGnS4 (8/05) 04/30/08 04/30/09 PERSON.AL & ADV INJURY 5~,OOO,OOO iX Blkt Waiver CG2404 (~0/93) 04/30/08 04/30/09 GENEPJlL AGGREGATE 52,000,000 ; GEN'L A,GGREGATE LIMiT i>PPLlES PER PRODUCTS - COi,PIOP AGG 82,000,000 n POLICY [Xl PRO- nLOC I JEeT ; AUTOMOBILE LIABILITY COW81NED SII'!GLE LIMIT A !Xl ^,,:y "JlC BA 4J4768 04/30/08 04/30/09 (Ea accident) S~,OOO,OOO I r-~'. r" ' H ALL OWNED AJlOS BODILY INJUR'{ S , SCHEDULED }"JlGS (Per person) ~ HiRED ,"mOS BODILY INJURY 5 i X NON-O.....VNED ,t..IJTCS (Per accident) ~MCS-90 B..l;. 4J4768 04/30/08 04/30/09 PI':OPERTY DAMAGE S , I (Per accident) I i G;'RAGE LIABILm' AUTO ONL Y - Eo.. A,CCIDENT Is R N:Y -"'Jle' OldER TH';N EAACC 15 AUTO ONLY AGG Is , EXCESSIUMBRELLA U.;B1LITY EA.CH OCCURRENCE s5,OOO,OOO A n occu'< CL'IIM3 M~DE BE 4J4768 04/30/08 04/30/09 AGGREGATE 55,000,000 8 ;l DEDUCTIBLE S iX RETENTION $~O,OOO I 8 WORKERS COMPENSATION AND X IT6R\tl~H~ I r...lJH- ER B EMPLOYERS' LIABILITY 06-0303 0~/0~/08 01/01/09 8~,OOO,OOO -"NY PROPRIETOPJ?A'<TNERlEXECUTIVE E L, EACH ACCIDE~fT CFFICEPoMEMBER EXCLlDED? EL DISEASE - EA, EMPLOYEE I 8 ~, 000 , 000 If yes, describs under I 8 ~, 000 , 000 SPECIAL PROVISiONS below EL DISEASE - POLICY LIMIT OTHER A Equipment FJ.oater l1PA 4J4768 04/30/08 04/30/09 Equipment ~,190,568 A Rental Equipment 11PA 4J4768 04/30/08 04/30/09 Blanket 30,000 DESCRIPTION OF OPERATIONS i LOCATlOi',S I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROV1SIONS The City of Ne'N' Hope & Bonestroo are included as Additional Insureds on the General Liability coverage 'N'ith respects the 2008 Crack Repair and Seal Coat project #843. CERTIFICATE HOLDER CANCELLATION CITYNEH SHOULD ANY OF THE ABOVE DESCRIB~D POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER V\1LL ENDEAVOR TO MAlL ~O DAYS VlRfiTEN - NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAlLURE TO DO SO SHALL City of Nei>T Hope 440~ Xylon Avenue North IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR New Hope MN 55428 REPRESEtITAllVES. AUTHORIZED REPRESENTATIVE steven ScolJ.ard ACORD 25 (2001/08) @ACORD CORPORATION 1988 PERFORNIANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural \vhere applicable, CONTRACTOR (Name and Address): Allied Blacktop Company 10503-89th Avenue North, Haple Grove, HN 55369 O\\t1\TER (Name and Address): City of Ne,.;r Hope City Hall, 4401 Xylon Avenue North New Hope, HN 55428 CONTRACT Da~: May 15, 2008 Amount: $100,925.00 Description (Name and Location): SURETY (Name and Address of Principal Place of Business): Western Surety Company 101 South Phillipps Avenue Sioux Falls, SD 57104 City of New Hope, till 2008 Crack Seal and Seal Coat Project City Project No. 843 Project No. 000034-08208-0 BOND Bond Number: 929453345 Date (Not earlier than Contract Date): Hay 15, 2008 Amount: $100,925.00 lvlodifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to tile terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative, CONTRACTOR AS PRINCIPAL Company: kllied Bl.acktop co(any I). ~/fJ&';d S.ignature: I~_ I .,,/b.. lA...,,,.?SciJJ' Name and lItre: p~.'. 1 ;-I.."":::f) .'c:..-/v:;::;,v-,....- I L III jJ leT 1:::::>10/ /1 V)' p((":3 ). deht (Space is provided below for signatures of additional parties, if required.) CONTRACTOR i'\.S PRINCIPAL Company: Signature: Name and Title: (Seal! SURETY (Seali By ~ SUH.ETY (Seal) Surety's Name and Corporate Seal Bv: Signature and Title (Attac h Power of Attorney) Attest: Signature and Title: EJCDC No. C-61O (2002 Edition) Originally prepared through thc joint efforts of thc Surcty Association of Amcrica, Enginccrs Joint Contract Documents Committee, the Associated Gcneral Contractors of America, and the American Institutc of Architects. 00610-1 1. Contractor and Surety, jointly and severally. bind themselves, their heirs, executors, administrators, successors, and assigns 10 Owner for the performance of the Contract, which is incorporated herein by reference, 2, If Contractor performs the Contract. Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below. that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days aner receipt of such notice to discuss methods of perfonning the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not wai'it Owner's right, if any, subsequently to declare a Contractor Default; and 3,2. Owner has declared a Contractor Default and fOrInal]y terr;Jnated Contractor's right to complete the Comract. Such Contractor Default shall not be declared earlier than 20 days af1er Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. O\vner has agreed to pay {he Balance of the Contract PriCf: to" 1. Surety in accordance \vith the terms of the Contract: 2. Another contractor sele,clcd pursuant tey Par2gn.ph 4.3 Ii) pertorm the Contract. .:.t. \\'ben Owner has satisfied the conditions or Paragraph 3, Surety shali promptl:," and at Surety's expense take one of the following actions: 4.1. lvTange for Contractor, with consent of O..vner, to perform arid complete the Contract; or 4.2. Undertake to perform and compiclc the Contract itself. through its agents or through independent contractors; or 4.3, Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for and completion of the Contract. arrange for 2. contract to prepared fClf executif)i1 by O\vner and Contractor sdected with Q\vner's concurrence, to be secure^d with petfonnance and payment bonds executed by a qualiii-:;d Slirety equivalent to lhe bonds issued on the Centract. and fJ3J' O\-\'ner th:: amount of damages as desclibed in Paragraph in ex.cess of the Balance of the Contract PriC'.: incurred by O.,\'ner resulting lTam Contracror Default: or 4.4, \'~aj ve its right to perform and complete. arra.nge for completion. or obtain a new contraclor and \\;th reasonable promptness under the circumstances: I. After investigation. determine Ihe amount for which it may bc liable to Owner and, as soon as practicable after the amount is determined. tender payment therefor (0 Owner; or 2. Deny liability in whole or in pall and notify O\Vner citing rea.,ons therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days aner receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Sureiy proceeds as provided in Paragraph 4.41 and Owner refuses the payment tendered or Surety ha., denied liability, in whole or in part, without further notice Owner shaH be entitled 10 enforce any remedy avaibble 10 Owner. 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4,1, 4,2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surely shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated ,\ithoul duplication for: 6,1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and < ' lJ.J. Liquidated damages, or if no liquidaied damages are specified in the Conlracl, actual dilInages caused by delayed performance or non- performance of Contractor. 7. Surety shall nol be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, a.~d 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 Bona to any person or entity other {h~n O\vner or its heirs, executors. administrators. or SLlccessors 8. Surety hereby waives notice of any change. including changes of time. to Contract or to rdated subcontracts, purchase orders. and other oblig:ilions. 9. .A.I1Y proceeding, legal or equitable, under this Bond may be instituted in any Court of competent jurisdiction in the location in which the \Vork or pan of the \Vork is located a.'1d shaU be instituted ,,\!ithin two years after Contractor Default or within two years after Contractor ceased ',vorking or \vithin (',1./0 years after Surety refuses or fails [0 perform its obl.igations under this Bond, \vhichever occurs first. If the provisions of this paragraph are void or proIllbited by law, the minimum period of limitation a vailable to sureties as a defense in the jurisdiction of the suit shall be applicable, 10. Notice 10 Surety. O\\.ner. or Comractor shall be mailed or delivered to the address sho"vI1 on the signature page. 11. When this Bond has been furnished to comply with a statu tor/ requirement in the location \vhere the Contract was to be performed, a:,y pro....ision in this Bond conflicting \\'ith said statutory requireme.nt shali be deemed deie.ted herefrom and conforn1ing to such St2tutDiY requirement shall be deemed incorporateci The inte.m is that this Bone shod! be ccmstrued 2.S 3. stE':\Uh)r)' be'Da and not as z: COiTlmOiJ la\': bond. 12. Definit!c:ons. 121 HaLmee of th:: Contract Price: T11e tuta) amount p2yable by O\\'ner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be recei ved by Owner in settlement of insurance or other Claims for damages to wIllch Contractor is entitled. reduced by all valid and proper paymenLs made to or on beha!f of Contractor under the Contract. I" " .:...0:.. Contract: 111c agreement bet......een O\'..ner and Contractor identified on the signature page, including all Contract Dc.!Cuments and changes thereto. 12.3. Contractor Defaull: Failure of Contractor, "vhich has neither been remedied nor \vai'.'ed. to perform or otherwise to comply \vith the terms of tbe Contract. 12.4. O\vIj'.=r Default: I:2ilure of (hvner. \'..hich has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORlvIATION ONLY - Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineer or other party) Northern Capital Insurance P.O. Box 9396 Minneapolis, rlli 55440-9396 Telephone 952-996-8829 00610-2 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Allied Blacktop Company 10503-89th Avenue North, Maple Grove, }lli 55369 OWNER (Name and Address): City of New Hope City Hall, 4401 Xylon Avenue North Modification: Paragraph 6 of this bond is deleted CONTRACT New Hope, }lli 55428 in it's entirety and replaced with the Date: Hay 15, 2008 following provision: "Hi thin a Amount: $100,925.00 reasonable time (1) after the claimant Description (Name and Location): has satisfied the conditions of City of New Hope, }lli, 2008 Crack Seal and Seal Coat Project paragraph 4 and (2) after the Surety City Project No. 843, Project No. 000034-08208-0 has reviewed all supporting BOND documentation it requested to substantiate the Bond Number: 929453345 amount of the claim, the Surety shall payor Date (Not earlier than Contract Date): Hay 15, 2008 arrange for payment of any undisputed amounts. Amount: $100,925.00 Failure of the Surety to satisfy the above requirements shall Modifications to this Bond Form: Yes. not be deemed a forfeiture or \vaiver of the Surety's or the Seller's defenses under this Bond or their right to dispute such claim. However, in such event the claimant may bring suit against the Surety as provided under this Bond." Surety and Contractor, intending to tie legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Nli. ed Blacktop Company I } ,/- lJ.il1/ tl C I Signature: i---Z~_ !,_Jh~ Name and Title: P-el--= AA IJ" ;'sJy,:::::"v-,.J.-.- I (r ~ I! cp/ . c.;7 / / V) rE' Pi F'3) den T (Space is provided below for signatures of additional parties, if required,) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: (Seal) SURETY (Name and Address of Principal Place of Business): Western Surety Company 101 South Phillipps Avenue Sioux Falls, SD 57104 SURETY (Seall ~ SURETY (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C-615 (2002 Edition) Originally prepared through the joint efforts of the Suret)' Association of America, Engineers Joint Contract Docwnents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00615-1 I. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the perfonnance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2, Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the perfonnance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due, 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract \\1th Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim, 4.2. Claimants who do not have a direct contract with Contractor: I, Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last perfonned labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or perfonned; and 2, Have either received a rejection in whole or in part from Contractor. or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3, Not having been paid within the above 30 days. have sent a written notice to Surety and sent a copy, or notice thereof, to O\\1ler, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. \Vhen a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6,1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating thc amounts that are undisputed and the basis for challenging any amounts that are disputed, 6,2. Payor arrange for payment of any undisputed amounts, 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety, 8. Amounts owed by Owner to Contractor under the Contract shall be used for the perfonnance of the Contract and to satisfy claims, if any, under any perfonnance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds eamed by Contractor in the perfonnance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. II. No suit or action shall be commenced by a Claimant under this Bond other than in a coun of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was perfonned by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) first occurs, If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the sui t shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page, Actual receipt of notice by Surety, Owner, or Contractor, hO\vever accomplished, shaIl be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions confonning to such statutory requirement shaIl be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common Jaw bond, 14. Upon request of any person or entity appearing to be a potentia] beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made, ]5, DEFINITIONS 15,1. Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials. or equipment for use in the perfonnance of the Contract. The intent of this Bond shall be to include without lirrJtation in the terms "labor, materials or equipment" that pan of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of tJle Work of Contractor and Contractor's Subcontractors, and ail other items for which a mechanic's lien may be assened in the jurisdiction where the labor, materials, or equipment were furnished. 15.2, Contract: The agreement between Owner and Contractor identified on the signature page. including ail Contract Documents and changes thereto, ] 5.3, Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other tenns thereof. FOR INFORMATION ONLY - Name, Address and Telephone Surety Agency or Broker: Owner's Representative (engineer or other party): Northern Capital Insurance P.O. Box 9396, Minneapolis, MN 55440-9396 Telephone 952-996-8829 00615.2 ACKNOWLEDGMENT OF PRINCIPAL {Individual} STAtE OF COUNTY OF } s s.: On this day of , in the year _' before me personally come(s) to me known and known to me to be the person(sl who (isl (are) described in and who executed the foregoing instrument and acknowledge(s) to me that_he_executed the same. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL {Partnership} STATE OF COUNTY OF } ss.: On this day of , in the year _' before me personally come(s) a member of the co.partnership of to me known and known to me to be the person who is described in and who executed the foregoing instrument, and acknowledges to me that he executed the same as and for the act and deed of the said co.partnership. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL (Corporation) /0! nnF-5C\T a /lFn Y7 [=0) n ~I , r-.J...!. On this /':::/'7\.... day of /V~0s\1 I ( I f1? ~ I A I~v, ' ,J ' personal y come s f I ! I V .IV I I \ /1--" : c;7Y CJ'li to me known, v\hO:.rr~9 by ;,~ ~I~ s"/~' droses and says that he resi~e~ i~ the City of. Olcy Lc.t:e. , that he IS the IJ ~""'\...... rIF::;;/O cI1; of the Pill I n--! p,I,;;:;>(,c'1--,ch rr\rilDr'Yi\ I - , -5 .. 1 7 the corporation described in and which executed the foregoing instrument; that he knows the seaf of the said corporat(on; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he si ne"d his name thereto by like order. .. I;; ; ~ :~::.~~;~~~:;~~: I .\'~~v.~~"'vYA""^~~J\.-..~~",vvv~a STATE OF COUNTY OF l ss.: f .') F\ f', y , in the year ~, before me ~ leu. .1~ " .. ,j)) C,. 1\- NOTARY PUBLIC - ACKNOWLEDGMENT OF SURETY STATE OF COUNTY OF Hinnesota Hennepin ss. : On this I~ day of personally come(sl John G. Hagberg Attorney(s).in.Fact of Hestern Surety Company and who, being by me duly sworn, says that he reside(s) in Plymouth, HN that he is (are) the Attorney(s).in.Fact of Hestern Surety Company , the company described in and which executed the within instrument; that he know{s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company, and that he signed said instrument as Attorney(s).in.Fa\it of the said Comp~nl'bY like order, "I . J .~/tL)V /"1/f'Y in the year ~t> ~ before me with whom! am personally acquainted, F.97IJ-8;B! NICOLE C. VACEK NOTARY PUBLIC - MiNNESOTA MY COMMISSION EXPIRES 01/31/2011 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Judith L Jorissen, Garth R Fisher, John G Hagberg, Steven W Scollard, Individually of Bloomington, MN, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all thc acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this II th day of September, 2007. ..<";;iF~. ~~~>--".,Po'1;. !~'o~f?Oq4;'\'1{,\ ~tJ~(I ~)~i \{\ ~(; A..../;f! ~&/- WESTERN SURETY COMPANY r0' ~"i", Vi" P,~id,", State of South Dakota County of Minnehaha } ss On this II th day of September, 2007, before me personally came Paul T. Brutlat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; 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 corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30,2012 +~~~~~~~~~~~~~;~~~~~~~~~~+ ~ D. KRELL ~ r r :~NOTARY PUBLIC~: r~SOUTH DAJ(OTA~r r r +~~~~~~~~~~~~~~~~~~~~~;;+ ~ My commission expires CERTIFICATE L L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in forcc, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force, In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this ( S- day of J/l1 A Y , 7A't> f . \"~ET'- ~~~-~~.. !~ o",f?OQ4;\'1{,\ ~:{(t <"t~i \\~~(;A..../;fj ~~. WESTERN SURETY COMPANY g. ~~'~s"re~ Form F4280-09-06 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.