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IP #977PROJECT NO. 977 2016 Lift Station Improvements 2016-69 04/11/16 Resolution awarding contract to Pember Companies, Inc. for $57,150.50 for the 2016 lift station improvements (project no. 977) 2016-128 11/14/16 Resolution accepting the improvement project and approving final payment in the amount of $3,942.95 to Pember Companies Inc., for lift station improvements (improvement project no. 977) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN harlene Vold being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of. HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for I successive week(s); the first insertion being on 03/10/2016 and the last insertion being on 03/10/2016. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's `nown office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 03/10/2016 by Charlene Vold. Notary Public .,.r,,VVV V VVVVwV V VVV wWVVV� 'CARLENE MARIE MACPHERSON � Notary Pubiicwinnesota V My Commission Expires Jan 31, 2019 "ate Information: Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 518257 City of New Hope (Official Publication) CITY OF NEW HOPE 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 10 A.M., CDT, Thursday, March 31, 2016, 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: 2016 Wew Have Lift Station Site fMPMygments — City Project No. 977 In general, Work consists of gen- eral site improvements and lift sta- tion modifications at three lift station locations within the City. The Project consists of the following approxi- mate quantities: 35 CY Site Grading 110 SF Modular Block Retaining Wall 7 CY Landscape Mulch 12 EA Shrubs 600 SF Concrete Walk/ Generator Pad 35 TN Class 5 Aggregate Base 2 EA Bollards 1 LS Lift Station pump guide rails and vent piping 3 EA Lift Station Hatch Replacement 1 LS Reconstruct Manhole Invert Along with miscellaneous utility improvements, removals, erosion control, restoration and correlated appurtenances. Complete digital Bidding Docu- ments are available at www. questcdn.com for $20 by inputting QuestCDN eBidDoc #4337938 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Manager, Chris Long, at (651) 604-4808. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in ac- cordance 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 ir- regularities and informalities therein, and further reserves the right to award the Contract to the best in- terests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota 3/10/16, 3SP2, Bids Lift Station Site Imp, 518257 Project Manual For 2016 Lift Station Site Improvements Prepared for: City of New Hope, Minnesota City Project No. 977 4 Stantec CONTRACT March 2016 r�'' � r .. Stantec Project No. 193803351 �4 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS PROFESSIONAL ENGINEER I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Timothy L. rinstead Date: March 15, 2016 License # 48279 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2016 Stantec 1 193803351 0001 05 - 1 This Page Left Blank Intentionally SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 0001 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 0021 13 Instructions to Bidders 0041 10 Bid Form Contracting Requirements 0052 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Std General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 1000 Summary 01 2000 Price and Payment Procedures 01 31 00 Project Management 01 3300 Submittal Procedures 01 5000 Temporary Facilities and Controls 01 51 20 Temporary Conveyance of Wastewater 01 57 13 Temporary Erosion and Sediment Control 01 6000 Product Requirements 01 7000 Execution Requirements Division 2 - Existing Conditions 0241 13 Selective Site Demolition 0241 19 Selective Structural Demolition Division 3 - Concrete 03 10 00 Concrete Formwork 03 20 00 Concrete Reinforcement 03 30 00 Cast -In -Place Concrete Division 5 - Metals 05 50 00 Metal Fabrications Division 9 - Finishes 0991 00 Painting TABLE OF CONTENTS © 2016 Stantec 1193803351 0001 10 - 1 SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 2300 Excavation and Fill 31 2313 Subgrade Preparation Division 32 - Exterior Improvements 32 11 23 Aggregate Base Courses 32 13 14 Concrete Walks, Medians and Driveways 32 32 23 Segmental Retaining Wall 32 92 00 Turf and Grasses 32 93 00 Plants Division 33 - Utilities 3305 17 Adjust Miscellaneous Structures 3331 00 Sanitary Utility Sewer Piping 33 39 00 Sanitary Utility Sewer Structures END OF SECTION TABLE OF CONTENTS © 2016 Stantec 1 193803351 0001 10 - 2 SECTION 00 11 13 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 10 A.M., CDT, Thursday, March 31, 2016, 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: 2016 New H❑ a Lift Station Site Irn provernents - City Protect No. 977 In general, Work consists of general site improvements and lift station modifications at three lift station locations within the City. The Project consists of the following approximate quantities: 35 CY Site Grading 110 SF Modular Block Retaining Wall 7 CY Landscape Mulch 12 EA Shrubs 600 SF Concrete Walk/Generator Pad 35 TN Class 5 Aggregate Base 2 EA Bollards 1 LS Lift Station pump guide rails and vent piping 3 EA Lift Station Hatch Replacement 1 LS Reconstruct Manhole Invert Along with miscellaneous utility improvements, removals, erosion control, restoration and correlated appurtenances. Complete digital Bidding Documents are available at www.questcdn.com for $20 by inputting QuestCDN eBidDoc #4337938 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Manager, Chris Long, at (651) 604-4808. 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 interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota ADVERTISEMENT FOR BIDS © 2016 Stantec 1 193803351 0011 13 - 1 This Page Left Blank Intentionally SECTION 00 21 13 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 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. 2.02 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. 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 financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. 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 known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803351 0021 13 - 1 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 any reports arid drawings known la Owriel ielaling to a Hazardous Environmental Condition identified at the Site. 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, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical 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. INSTRUCTIONS TO BIDDERS 0 2016 Stantec 1 193803351 0021 13 - 2 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; 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; 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 relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified, if any, in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; 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 required, 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. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder 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 INSTRUCTIONS TO BIDDERS + © 2016 Stantec 1 193803351 0021 13 - 3 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 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in wriling. Inlerpreluliuris ur uluiificuliuns 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, 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. 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 consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. 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. INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803351 0021 13 - 4 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. 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. INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803351 0021 13 - 5 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price 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. 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. 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. 13.06A Bid by an Indlvldual shall show the Bidder's nurrle urid afficiul address. 13.07 All names shall be printed in ink below the signatures. 13.08The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.09 Postal and e-mail addresses and telephone and fax numbers 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 Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form. 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. 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. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803351 0021 13 - 6 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 1 1.02.B of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed in the Invitation for Bids, Section 00 1 1 13. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same 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 may be 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 or Invitation for Bids and, unless obviously non -responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. 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 Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bid s. 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. INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803351 0021 13 - 7 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an irileiesl 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, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 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 proposed for those portions of 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 agerlls which arise Uul or 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 pursuant to law. 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 issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along 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. ARTICLE 22 - RESPONSIBLE CONTRACTOR 22.01 In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes § 16C.285), Bidders are hereby advised that the Owner cannot award a construction contract in excess of $50,000 unless the contractor is a "responsible contractor" as defined in Minnesota Statutes § 16C.285, subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes § 16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Proposal. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of INSTRUCTIONS TO BIDDERS © 2016 Stantec 1 193803351 0021 13 - 8 compliance from all subcontractors, using a form provided by the Owner. A bidder must submit signed verifications from subcontractors upon the Owner's request. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a "responsible contractor" and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. ARTICLE 23 - SUBLETTING OF CONTRACTOR 23.01 REVISED 11/24/14 The provisions of MnDOT 1801 are modified as follows: For Projects in excess of $50,000, the Contractor may sublet work only to subcontractors that meet the definition of "responsible contractor" in Minnesota Statutes § 16C.285, subdivision 3. The Contractor is responsible for obtaining verifications of compliance with § 16C.285 from subcontractors using a form provided by the Owner. The Contractor must provide such verifications to the Owner upon the Owner's request. END OF SECTION INSTRUCTIONS TO BIDDERS 0 2016 Stantec 1 193803351 0021 13 - 9 This Page Left Blank Intentionally Stantec THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 BIDDER: Pember Companies Inc DOCUMENT 0041 10 BID FORM 2016 LIFT STATION SITE IMPROVEMENTS CITY PROJECT NO. 977 STANTEC PROJECT NO. 193803351 NEW HOPE, MINNESOTA 2016 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: &ddpndpm Number n um Date & a 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. 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. © 2016 Stantec 1 193803351 0041 10 - 1 BID FORM 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 tho purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclused lu uny 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.. 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 11.03.E 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 Units Qly Unit Pdce Total Price BASE BID: PART 1: LIFT STATION #1 AND SITE WORK IMPROVEMENTS 1 MOBILIZATION 2 TEMPORARY CONVEYANCE OF WASTEWATER 3 REMOVE BUSHES 4 SITE GRADING 5 CLASS 5 AGGREGATE BASE LS 1 $ Qom. r $ LS 1 $dU_ LS 1 $ 73o. ' $ 73o. LS 1 $ • $ 3"aaQ .. TN 30 $ Q Alp. $ !.1®d liv- © 2016 Sfanl ec 1 193803351 0041 10 - 2 BID FORM •e No. Item Units Qty Unit Price Total Price 6 - - 4" CONCRETE WALK SF 400 $ . $ C1i• ' 7 MODULAR BLOCK RETAINING WALL SF 110 y/ $ I O. $ ` DO 8 REMOVE AND INSTALL SANITARY MH RINGS/CASTING EA I $ _Q' $0 9 RECONSTRUCT SANITARY SEWER INVERT/BENCH LS 1 $� �D6' $_ S 10 TOPSOIL BORROW CY 10 $ $ t/ 14 .. 11 LANDSCAPE EDGING LF 100 $ $ qs ` 17 SO- 12 LANDSCAPING MULCH CY 10 $ $ 13 LANDSCAPE SHRUB EA 22 $ / S $ 14 CONCRETE GENERATOR PAD SF 50 $� $ I 15 CONCRETE CONTROL PANEL PAD SF 15 $ �• $� L�4� 16 DEMOLITION OF EXISTING LIFT STATION NO. 1 PER SECTION 02 41 19 LS r 1 $ Odr/. $ 17 SANITARY LIFT STATION NO. 1 IMPROVEMENTS INCLUDING LS 1 $ �O• $ ,_ 9®®• INSTALLATION OF NEW ALUMINUM HATCH, S.S. PUMP GUIDE RAILS AND SUPPORT BRACKETS, VENT PIPING AND ALL OTHER APPURTANENCES AS SHOWN ON DRAWINGS AND AS SPECIFIED. 18 SILT FENCE LF 70 $ �. t. $ uS a . LI So w/• 19 HYDROSEED WITH MULCH SY 110 $ $ TOTAL PART 1: LIFT STATION #1 AND SITE IMPROVEMENTS $ 41 ?A PART 2: LIFT STATION #3 IMPROVEMENTS S S �- 20 REMOVE EXISTING STEEL HATCH FROM SANITARY LIFT STATION NO. 3 LS I $ $ - AND INSTALL A NEW 36"X84" CLEAR OPENING SURFACE MOUNTED ALUMINUM DUAL LEAF HATCH WITH SAFETY GRATES AS SHOWN ON DRAWING DETAIL AND PER SPECIFICATION 05 50 00. �. 5 TOTAL PART 2: LIFT STATION #3 IMPROVEMENTS $ 21 PART 3: LIFT STATION #4 IMPROVEMENTS REMOVE EXISTING STEEL HATCH FROM SANITARY LIFT STATION NO.4 LS 1 $ rD• $ S!�' AND INSTALL A NEW 36"X84" CLEAR OPENING SURFACE MOUNTED ALUMINUM DUAL LEAF HATCH WITH SAFETY GRATES AS SHOWN ON j DRAWING DETAIL AND PER SPECIFICATION 05 50 00, 3% TOTAL PART 3: LIFT STATION #4 IMPROVEMENTS $ PART 4: LIFT STATION #5 IMPROVEMENTS �• ► 22 INSTALL DUAL SAFETY GRATES IN THE EXISTING 38"X68" WET WELL LS 1 $ J$ HATCH CLEAR OPENING AS SHOWN ON DRAWING DETAIL AND PER SPECIFICATION 05 50 00. $ TOTAL PART 4: LIFT STATION #5 IMPROVEMENTS TOTAL BASE BID © 2016 Stantec 1 193603351 0041 10-3 BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes § 16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. Pember 8y signing this statement, I, Brent(typed or printed name), President (tills) certify that I am an owner or officer of the company and do verify under verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Pember Companies Inc (name of the person, partnership or corporation submitting this proposal) N4449 469th St (business address) Menomonie WI 54751 (City, State and Zip Code) Signed (Bidder or authorized representative) 313-%16 Date 02016 Stantec 1 193803351 00 41 10 - 4 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.E 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. l 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 _.6 2016. If Bidder Is: A Corporation Corporation Name: Pember Companies Inc (SEAL) State of Incorporation: Wisconsin Type (General Business, Professional, Service, Limited Liability): General Business ne7 By: , L (Signature) Name (typed or printed) Brent Pember Title: President 5-15�7. Attest V7' (CORPORATE SEAL) Aflm er jSignotU of Corporate Secretary) Business Street Address (No P.O. Box Vs): N4449 469th St, Menomonie WI 54751 Phone No.: 715-235-0316 Fax No,: 715-235-9006 Email: bpember@pembercompanies.com (Brent Pember) m 2016 Stantec 1 193803351 0041 10 - 5 BID FORM CONTRACTOR: N fame, legal status and address) PEMBER COMPANIES, INC. N4449 469th St Menomonie, WI 54751 OWNER: (Name, legal status and address) City of New Hope 4401 Xylon Ave N New Hope, MN 55428 WAI _ Document A310T"" - 2D10 SURETY: (Name, legal status and principal place of business) The Guarantee Company Of North America USA One Towne Square, Ste 1470 Southfield, MI 48076 BOND AMOUNT: Five Percent of the Bid Amount (5.00% of Bid Amount) PROJECT: (Name, location or address, and Project number, if any) 2016 New Hope Bid Bond No. GC00051 This document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such timc. period as may be agreed to by the Owner and Contractor, and the Contractor either (I) enters into a contract with the Owner in Accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the j u ri sd i ct ion of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be nul I and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 29th day of March, 2016 A (Principal) (Seal) { ess) (Title) CA (surety (Seal) ('Witness) Molll J. Hansen AIA Document A330'"— 2010.4 pytt4 90, 197 2010 by The American Institute of Architects. All rights rose d. W ARNING; IN, 11A" Dnt.u,pr'r•l ;s l:raicctcd !rV it 5. Co;iynghL a•, rr raliuna4 11 k°alien, llrnull1ori1ed repsoducfion or rlistrihulia cf Phis AlA" i.}ucumen!, of a;iy tiC-Lion of ;t, nay result rn sevCia civil and ::!rn in;l pe cal Lie,, rrnrl :yill bC In osuc ute0 to [he maximum e.x lenl nr rhle ur.W_µ;he IaNv The American Institute of Architects' legal counsel, cgpyf4lt�rl� [x9• 00110 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing underthe laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Michael J. Douglas, Chris Sleinagel, Christopher M. Kemp, Connie Smith, Robert Downey J. Ryan Bonding, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office, We, THE GUARANTEE COMPANY OF NORTH AMERICA USA, duly authorized to do business under the laws of Florida, having heretofore executed a performance and payment bond for the Contractor covering the contract described above, hereby consent to the State of Florida Department of Transportation making full payment of the final estimate, including the retained percentage, to the Contractor. It is fully understood that consenting to the Stale of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting hold on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 3 1 " day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. rrc� IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 15th day of November, 2011. 41) THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 15th day of November, 2011 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland ,iyyp�. a My Commission Expires February 27, 2012 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA. I ch is sttll in ul) fqd eFfe IIN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company thisday of if 1� Randall Musselman, Secretary SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hoe Minnesota (hereinafter called Owner) and Pember Com anies Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2016 Lift Station Site Improvements. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2016 Lift Station Site Improvements for the City of New Hope, Minnesota. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Stantec (Engineer), 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 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before May 27, 2016, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before July 29, 2016. B. See Supplemental Conditions (Section 00 73 05) for a summary of work required to be completed by substantial completion date. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 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 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 AGREEMENT FORM © 2016 Stantec 1 193803351 0052 10 - 1 not as a penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for Milestones and 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 $500 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on Fifty -Seven Thousand One Hundred Fifty Dollars and Fifty Cents ($57,150.50) for the Total Base Bid. ARTICLE 6 - PAYMENT PROCEDURES 6.01 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. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.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, including but not limited to liquidated damages, 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 200 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. AGREEMENT FORM © 2016 Stantec 1 193803351 0052 10 - 2 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 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 relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, 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. AGREEMENT FORM © 2016 Stantec 1 193803351 00 52 10 - 3 H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor, I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9,01 Contents A. The Contract Documents consisl of Ilse following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings bearing the following general title: 2016 Lift Station Site Improvements. 7. Addenda (None). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above), C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. 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, AGREEMENT FORM © 2016 Stantec 1 193803351 00 52 10 - 4 10.03 Successors and Assigns A. 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. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 0 2016 Stantec 1 193803351 AGREEMENT FORM 005210-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor, All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on /!PXLI L 2016 (which is the Effective Date of the Agreement). Owner: City of -New ope, Minn to Bv: ' -� �� Attest: 1�► Address for giving notices: CITY CLERK CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MN 55428 Designated Representative: Name: KIRK McDONALD Title: CITY MANAGER Address: 4401 XYLON AVE NO NEW HOPE, MN 55428 Phone: 763-531-5100 Facsimile: 763-531-5136 Contractor: Pember Companies, Inc, By: 1310 &JT- J J)-oc z' Attest: Address for giving notices: 9LK41 4bll' 6va;7- 76-1 License No.: g -7 (Where Applicable) Designated Representative: Name: P.OJT Title: -P" Address: 1VgLPM %_ qw (1 , 7 mc'- lbn I[L, G) If 5 7 , ] Phone: 'I�Jr d23lle Facsimile: b2?'5-qU)tP END OF SECTION AGREEMENT FORM © 2016 Stantec 1 193803351 00 52 10 - 6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) OWNER (Name and Address): SURETY (Name, and Address of Principal Place of Business): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) Contractor's Name and Corporate Seal By: Signature Print Name Title Attest: Signature Surety's Name and Corporate Seal By: Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 1 of 3 (Seal) Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, 'administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 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 after receipt of such notice to discuss methods of performing 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 waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2. 1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Anulhet cotittactof selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after 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 Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 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 Surety shall not be greater than those of Owner under the Contract. To the 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 without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 2 of 3 I 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. i 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years 1 after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. 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 conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. l 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for J damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 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 otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other arty+): EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Paee 3 of 3 This Page Left Blank Intentionally PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): 7 BOND 1 Bond Number: Date (Not earlier than Effective Date of + Agreement): Amount: Modifications to this Bond Form: 1 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By? Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. 1 EJCDC C-615 Payment Bond (2007) + Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 1 of 3 I 1. 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 performance 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 performance 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 with Contractor have given notice to Surety (at the address 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: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the parry to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; 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 (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, 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. When 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 the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. 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 performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance 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. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 2 of 3 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. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 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, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory 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 conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. ' 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. 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 performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part 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 the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 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 otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or Other): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 3 of 3 This Page Left Blank Intentionally This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACEC :1-- COINCI f. or ENCINMUNG COMP—l" � SCE American Society - National Society of Professional Engineers of Civil Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 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 Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acee.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asee.or Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 Gv�vGv.alc.arg The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................. 1 1.02 Terminology........................................................................................................................5 Article2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 —'Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents............................................................ 9 3.05 Reuse of Documents......................................................................................................... 10 3.06 Electronic Data................................................................................................................. 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................. I I 4.01 Availability of Lands......................................................................................................... I ] 4.02 Subsurface and Physical Conditions................................................................................... I 1 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points ................................. _........................................................................... 14 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................. 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds.................................................................. 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pa2ei 00 72 05 5.09 Acceptance of Bonds and Insurance; Option to Replace .................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ................................................... 22 Article 6 - Contractor's Responsibilities............................................................................................... 22 6.01 Supervision and Superintendence...................................................................................... 22 6.02 Labor; Working Hours...................................................................................................... 22 6.03 Services, Materials, and Equipment................................................................................... 23 6.04 Progress Schedule............................................................................................................. 23 6.05 Substitutes and "Or-Equals................................................................................................ 23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits..............................................................................................................................28 6.09 Laws and Regulations....................................................................................................... 28 6.10 Taxes................................................................................................................................ 28 6.11 Use of Site and Other Areas.............................................................................................. 28 6.12 Record Documents............................................................................................................ 29 6.13 Safety and Protection........................................................................................................ 29 6.14 Safety Representative........................................................................................................ 30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples............................................................................................. 31 6.18 Continuing the Work......................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 Article 7 - Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site......................................................................................................... 35 7.02 Coordination.....................................................................................................................36 7.03 Legal Relationships........................................................................................................... 36 Article 8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data..................................................................................................................... 37 8.04 Pay When Due.................................................................................................................. 37 8.05 Lands and Easements; Reports and Tests........................................................................... 37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders.................................................................................................................. 37 8.08 Inspections, Tests, and Approvals..................................................................................... 37 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements.................................................................................. 38 8.12 Compliance with Safety Program....................................................................................... 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety........................................................................................................ 42 ' 10.05 Claims................................................................................................................................ 42 I Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 l 11.01 Cost of the Work .................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work ............................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays............................................................................................................................... 48 1 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49. 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 1 14.01 Schedule of Values............................................................................................................ 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization............................................................................................................... 57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article 16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 Article17 — Miscellaneous.................................................................................................................... 62 17.01 Giving Notice................................................................................................................. 62 17.02 Computation of Times....................................................................................................... 63 17.03 Cumulative Remedies........................................................................................................ 63 17.04 Survival of Obligations...................................................................................................... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings........................................................................................................................... 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 00 72 05 16059059 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) PEMBER COMPANIES, INC. N4449 469th St Menomonie, WI 54751 OWNER (Name and Address): City of New Hope 4401 Xylon Ave N New Hope, MN 55428 CONTRACT Effective Date of Agreement: Amount: $57,150.50 Description (Name and Location): BOND Bond Number: 16059059 SURETY (Name, and Address of Principal Place of Business): The Guarantee Company Of North America USA One Towne Square, Ste 1470 Southfield, MI 48076 COPY April 22nd 2016 2016 Lift Station Site Improvements for the City of New Hope Project No. 193803351 Date (Not earlier than Effective Date ofAgreement): April 22, 2016 Amount: $57,150.50 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL PEMBER COMPANIES, INC. Contractor's Name andCorporateSeal By: Signature Print Name (Seal) SURETY The Guarantee Company Of North America USA (Seal) Surety's Name and Corporate Seal By: Signa Attac 1 Pow of Attorney) Robert Downey Title Attest: Attest: Signature 6 G ??Jw61� _< 294 Title Print Name Attorney -In -Fact Title SigQww Tammy Hayes Title Witness Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007 Edition) 00 61 13.13-1 Prepared by the Eneineers Joint Contract Documents Committee. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference, 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 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 after receipt of such notice to discuss methods of performing 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 waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract, Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one ofthe fallowing actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor, 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after 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 Surety proceeds as provided in Paragraph 3,4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 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 Surety shall not be greater than those of Owner under the Contract To the 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 without duplication for: 5-1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first if the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page, 10. 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 conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions, 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 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 otherwise comply with the other terms thereof. FOR INFORMATION ONLY - (Name, Address and Telephone) Surety Agency or Broker: J. RYAN BONDING, INC. 2920 Enloe St, Ste 103 Hudson, WI 54016 (715)377-6230 Owner's Representative (Engineer or other p0r: Stantec 2335 tVq 36 W Saint Potrl, MN 55113 2920 Enloe St, Ste 103 EJCDC C-610 Performance Bond (2007 Edition) 00 61 13.13-2 Prepared by the Engineers Joint Contract Documents Committee. 16059059 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): PEMBER COMPANIES, INC. N4449 469th St Menomonie, WI 54751 OWNER (Name and Address): City of New Hope SURETY (Name, and Address of Principal Place of Business): The Guarantee Company Of North America USA One Towne Square, Ste 1470 Southfield, MI 48076 4401 Xylon Ave N New Hope, MN 55428 CONTRACT Effective Date of Agreement: April 22nd 2016 Amount: $57,150.50 Description (Name and Location): 2016 Lift Station Site Improvements for the City of New Hope Project No. 193803351 BOND Bond Number: 16059059 Date (Not earlier than Effective Date of Agreement): April 22, 2016 Amount: $57,150.50 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL PEMBER COMPANIES, INC Contractor's Nine a� d Corporate Seal By: Signature Print Name -PPC-51b i Title (Seal) SURETY The Guarantee Company Of North America USA(Seal) Surety's Name and Corporate Seal By: — e-tQ� Signature (Attac over f Attorney) Robert Downey Attest: C-Z-- Attest: Signature �QZJ lov-0��0-1y Title Print Name Attorney -I n-Fa ct Title Sig6de Tammy Hayes Title Witness Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615(A) Payment Bond (2007 Edition) 00 61 13.16-1 Prepared hr the Engineers Joint Contract Documents Committee. 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 performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2A 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 performance 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 with Contractor have given notice to Surety (at the address 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: 1, Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; 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 (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, 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. Reserved, 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. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance 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. 8, 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. 9. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs, if the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction of the suit shall be applicable 11. 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, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. 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 conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond, 13. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 14. Definitions 14.1 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 performance of the Contract The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part 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 the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 14.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 14.3 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 otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: J. RYAN BONDING, INC. 2920 Enloe St, Ste 103 Hudson, WI 54016 (715)377-8230 Owner's Representative (Engineer or other): Stantec 2335 Hwy 36 W Saint Paul, MN 55113 EJCDC C-615(A) Payment Bond (2007 Edition) 00 61 13.16-2 Prepared by the Engineers Joint Contract Documents Committee. THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Michael J. Douglas, Chris Steinagel, Christopher M. Kemp, Connie Smith, Robert Downey J. Ryan Bonding, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. We, THE GUARANTEE COMPANY OF NORTH AMERICA USA, duly authorized to do business under the laws of Florida, having heretofore executed a performance and payment bond for the Contractor covering the contract described above, hereby consent to the State of Florida Department of Transportation making full payment of the final estimate, including the retained percentage, to the Contractor. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s` day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by fanim6e pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31" day of December 2003, of whicl; the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. �'T N IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and T its corporate seal to be affixed by its authorized officer, this 15th day of November, 2011. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 15th day of November, 2011 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai . Notary Public, State of Michigan County of Oakland ., ,o• My Commission Expires February 27, 2012 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect + IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this, of I a0 I Randall Musselman, Secretary THE GUARANTEE MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we Pember Companies, Inc. BOND NO: 16059059 as Principal, and The Guarantee Company of North America USA as Surety, are held and firmly bound unto City of New Hope as Obligee in the sum of Fifty -Seven Thousand One Hundred Fifty and 50/100 Dollars ($ 57,150.50 ) for which sum, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. WHEREAS, on the 22nd day of April 2016 , Principal entered into a contract with the Obligee for 2016 Lift Station Site Improvements for the City of New Hope Project No. 193803351 Which contract is by reference made a part hereof and is hereafter referred to as the Contract. NOW THEREFORE, the condition of this obligation is such, that if the Contractor shall make good any defect in material or construction that shall appear within Two year(s) from the date of the substantial completion, Two Years ) this shall be null and void and otherwise remain in full force and effect. Signed, sealed and dated this 22nd day of April 1 2016 Pember Companies, Inc. BY: i ness .. �Iv tLfi Principal oar, - 7 T ITS: TnEa L�-r The Guarantee Company of North America USA Witness Molli J. Hansen Maintenance Bond Rev. 2/20/13 r : r r THE GUARANTEE COMPANY OF NORTH AMERICA USA r► Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Michael J. Douglas, Chris Steinagel, Christopher M. Kemp, Connie Smith, Robert Downey J. Ryan Bonding, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. We, THE GUARANTEE COMPANY OF NORTH AMERICA USA, duly authorized to do business under the laws of Florida, having heretofore executed a performance and payment bond for the Contractor covering the contract described above, hereby consent to the State of Florida Department of Transportation making full payment of the final estimate, including the retained percentage, to the Contractor. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. The Power of Attorney Is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on IN 31s' day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. SO, IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 15th day of November, 2011. it I THE GUARANTEE COMPANY OF NORTH AMERICA USA cl STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 15th day of November, 2011 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai ++ xc k Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2012 Z _ g Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. *� IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of � p �\ / , 1/�\� �S-) 1V Randall Musselman, Secretary ARTICLE 1 — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial 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 titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument 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. j 4. Asbestos —Any 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. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder —The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order —A 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. Claim —A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract —The 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 1 of 62 00 72 05 12. Contract Documents —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 submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price —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 11.03 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) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work —See Paragraph 11.01 for definition. 17. Drawings —That 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 Agreement —The 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. Engineer —The individual or entity named as such in the Agreement. 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. 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. 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, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 00 72 05 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 completion 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 will sign and deliver the Agreement. 28. Notice to Proceed —A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work 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 —Polychlorinated 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, oil 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 nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative —The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. 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 will be judged. 38. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 00 39. 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. 40. Shop Drawings —All 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. 41. 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. 42. 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 administrative requirements and procedural matters applicable thereto. 43. 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. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. 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. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 00 72 05 Mi construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. 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 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 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 00 72 05 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, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 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 "provide" 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 Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. 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 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 A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 6 of 62 00 72 05 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the 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 subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 00 72 05 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional 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 Regulations 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. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee S of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the 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 discovers, or has actual knowledge of, 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 Performance 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 (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 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, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the 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, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaEC 9 of 62 0072 B. The requirements of the Contract Documents may be supplemented, 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 Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by 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 term 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or pennanent 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. i 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. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the 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 officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 11 of 62 00 72 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition 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 connection 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 any one 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, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or 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, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall 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 existing 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 Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all 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 Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 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 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 00 72 05 consequences of the existence or location of the Underground 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: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the 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 officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pogc 14 of 62 00 72 05 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Enviromnental 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. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. 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 related thereto and delivered written notice to Contractor: (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 stoppage 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. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result 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, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pale 15 of 62 00 72 05 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences 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, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Envi1'oninental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.11 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. 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 A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 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 list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. 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 5.013, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 00 72 05 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 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee 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 and loss payee 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. ' C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. 0 D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection 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 sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 00 72 05 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. E. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 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; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. 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); 5. 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 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 00 72 05 z 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. j 5.06 Property Insurance A. Unless otherwise provided in the Supplementary 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, members, 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 a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 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 loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown 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, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 00 72 05 members, 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 a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this 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 loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance 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 deductible amounts that are identified in the Supplementary 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 this 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 Supplementary Conditions as loss payees (and the officers, directors, members, 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 loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 007205 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization 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 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, 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 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. 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 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 2.0I.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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pap 21 of 62 00 72 05 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 superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all tunes maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 007205 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 of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. 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. 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 adjustments will comply with any provisions of the General Requirements applicable thereto. 2. 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. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the 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 -equal" 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. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 00 72 05 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: 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.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if 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. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. 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 substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice i Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection 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; and 4) shall contain an itemized estimate 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 Procedures: 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 6.05.13. 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 a Change Order in the case of a substitute and 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. 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 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 00 72 05 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. 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 Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), 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 reasonable 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 replacement, shall constitute 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 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall 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 shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 26 of 62 00 72 05 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier 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 a loss payee 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, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by 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 shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 27 of 62 00 72 05 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary 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 shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work 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 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. 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 equipment, 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 unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 00 72 05 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, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any 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 Performance 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 completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all 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 Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 00 72 05 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. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, - or loss to any property referred to in Paragraph 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 (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 00 72 05 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. 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. 2. Samples: a. Submit number of Samples specified in 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 31 of 62 00 72 05 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review 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 communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted 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 Documents. 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 construction 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 32 of 62 7205 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 corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, 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 officers, directors, members, partners, employees, agents, consultants, and subcontractors 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, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: - 1 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 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, members, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 00 72 05 1 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such 1 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 j Owner and Engineer have specified to Contractor all performance and design criteria that such l services must satisfy. j 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. 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 through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract 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 I 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, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 00 72 05 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 Conditions: 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 responsibilities 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 7.01.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 wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 00 72 05 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 snake payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to 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 relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance 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 with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. 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 responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 38 of 62 00 72 05 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 Documents. 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. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and J Samples, see Paragraph 6.17. 1 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 39 of 62 00 72 05 9.07 Determinations 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 believes 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 10.05.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. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show 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 responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 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 Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall 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 A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented 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.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 41 of 62 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.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 carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 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 12.01.13. A Claim for an adjustment in Contract Times 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). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 00 72 05 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 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) 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. 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; ALLOWANCES; 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 11.01.13, 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 not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 43 of 62 00 72 05 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 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 maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paire 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.13), provided such losses and damages have 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. x h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, 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 i Contract Documents to purchase and maintain. I 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, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A. I 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. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 0072 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.OLA and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 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 times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pap 46 of 62 a0 72 05 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 significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to 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 application 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 12.0l.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 12.013.2, 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 11.0l.A.1 and 11.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b 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 11.0l.A.1 and 11.0l.A.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 11.0l.A.4, 11.0l.A.5, and I1.0l.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 any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.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 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 contemplated 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 00 72 U5 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 their officers, directors, members, partners, employees, agents, consultants, or subcontractors 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 iby Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. 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. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work i 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, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 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 13.03.0 and 13.03.1) below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. _ Pau 49 of 62 00 72 05 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract 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. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to 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, Contractor shall, if requested by Engineer, uncover such Work 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 00 72 Ub 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 written 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 6.1 LA 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 1 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the t work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 51 of 62 0072 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. 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 for 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 May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 52 of 62 00 72 05 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 possession 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 provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 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 snore 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 53 of 62 00 72 05 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 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: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 54 of 62 00 72 05 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the 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 subsequently discovered evidence or the results of subsequent 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 replacement; 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 14.02.1)) 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 furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pase 55 of 62 00 72 05 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 remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. 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 objection 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 00 72 05 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) 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 recommendation 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 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 remove its property and 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 conditions: 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, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D 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 substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 00 72 05 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work 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.6; 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 might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release -or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 58 of 62 00 72 05 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, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, 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 retainage 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 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paec 59 of 62 00 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 adjustment 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 Terminate for Cause A. The occurrence of any one 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 repeated 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 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 00 72 05 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 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 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 loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate 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, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 00 72 05 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 Tunes 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 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 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing 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 the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 00 72 05 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 Regulations, 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, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 62 0072 This Page Left Blank Intentionally SECTION 00 73 05 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC-1.01.A44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when the following have been completed: All improvements except the hatch installation on Lift Station Nos 1, 3, and 4; and the safety grate installation at Lift Station No. 5. SC-1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC-2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC-4.06 Delete Paragraphs 4.06.A and 4.06.13 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803351 00 73 05 - 1 ARTICLES - BONDS AND INSURANCE SC-5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC-5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.13.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 5. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. Owner b. Engineer SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803351 00 73 05 - 2 SC-5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC-5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. 9. Comply with the requirements of Paragraph 5.06C of the General Conditions. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.06 Add the following new paragraphs immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1 /2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. I. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC-6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SC-6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: + F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803351 00 73 05 - 3 G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SC-6.19.A Delete the words "representation of in the second sentence. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC-9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: B. Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples, which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803351 00 73 05 - 4 8. Review of Work and Rejection of Defective Work: a. Conduct on Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803351 00 73 05 - 5 c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: l . Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off Site by others, except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803351 00 73 05 - 6 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC-10.053 Amend the first sentence of Paragraph 10.053 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.E by replacing the words "60 days" with the words "30 days." ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC-1 1.01.A.5.c Delete Paragraph 1 1.01.A.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1) Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SC-1 1.03 Delete paragraph 11.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC-12.01.0 Contractor's Fee. Delete the semicolon at the end of GC 12.0l .C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27 percent of the cost incurred by the Subcontractor who actually performs the work. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC-13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803351 00 73 05 - 7 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC-16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC-16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC-16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC-16.01.A and 16.01.13, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC-16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. 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-16.01.0 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 (includ- ing Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803351 00 73 05 - 8 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 Document 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. END OF SECTION SUPPLEMENTARY CONDITIONS © 2016 Stantec 1 193803351 00 73 05 - 9 This Page Left Blank Intentionally SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: 2016 Lift Station Site Improvements for the City of New Hope, Minnesota, City Project No. 977. B. Description of Work: Project consists of the replacement of existing lift station components, adding a modular block retaining wall system and placement of concrete pads for a generator and control panel supplied by another contract. 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 l . Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction are shown on the Drawings and shall be within project limits and City right of way. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and Church entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. 5. Working Hours: per City ordinance, the Contractor shall only work between 7 A.M. and 9 P.M., unless given written permission by the City. SUMMARY © 2016 Stantec 1 193803351 01 10 00 - 1 Access to Site 1. Residents shall have access to all St. Raphael's Catholic Church property and access at all times. Do not block any entrance or access to or within the Church property. No parking of equipment is allowed outside the work limits or right-of-way. St. Raphael's Catholic Church will allow some space for vehicle parking in the NW corner of the NE parking Lot. This area is to be used for on -site parking only and is not intended for material or other overnight storage. 1.07 OTHER WORK AT SITE A. The installation and revision of electric power, installation of a gas generator and gas piping and the installation of a new electrical control panel will be performed on the Lift Station # 1 project site under separate contract. Coordinate this work with the installation of the retaining and concrete pads and sidewalk with the other project electrician. Electrician contact information is: Paul Fulkerson of Taylor Electric Co., Ph. (763) 479-3745; email: ofulkerson@tavlorelectricco.net. B. Allow private ulilily crews free uc:cess to the Site and a reasonable amount of time to complete their work. Coordination of new gas service is required. PART 2 PRODUCTS Not Used. PART 3 , EXECUTION Not Used. END OF SECTION SUMMARY © 2016 Stantec 1 193803351 01 10 00 - 2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 BID UNIT PRICES 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 eh Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01 33 00. D. NOTE: No payment will be made until all required permits are obtained. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES ©2016 Stantec 1 193803351 01 20 00 - 1 This Page Left Blank Intentionally SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Lift Station Improvement Lump Sum Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy. 5. Gas: CenterPoint Energy 6. Telephone: ARVIG Communication Systems 7. Cable TV: Comcast C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Apply for, obtain, and comply with the provisions of the following permits, which the Owner will waive the permit application fee: 1. City Building Permit. B. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. C. NOTE: No payment will be made until all required permits are obtained. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. PROJECT MANAGEMENT AND COORDINATION © 2016 Stantec 1 193803351 01 31 00 - 1 1.06 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. Ei igineer will set the time, sites, and preparc tho agonda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01 33 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2016 Stantec 1 193803351 01 31 00 - 2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Lift Station Improvement Lump Sum Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: l . List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. SUBMITTAL PROCEDURES © 2016 Stantec 1 193803351 01 33 00 - 1 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 1 1 inch paper outlining 24-hour on -call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company namo. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 inches by 1 1 inches. Non -legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Reviewed" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Reviewed as Noted" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" - Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15-percent mark-up. SUBMITTAL PROCEDURES © 2016 Stantec 1 193803351 01 33 00 - 2 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. END OF SECTION SUBMITTAL PROCEDURES © 2016 Stantec 1 193803351 01 33 00 - 3 This Page Left Blank Intentionally SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. 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. The amount of the Lump Sum Bid shall not exceed 8 percent of the Total Base Bid a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned - 50 90 Percent of original contract amount earned - 100 100 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 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. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. TEMPORARY FACILITIES AND CONTROLS © 2016 Stantec 1 193803351 01 50 00 - 1 B. Traffic Management Plan consistent with Section 01 33 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. 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, 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 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all non -City or County owned signs, posts, etc. that may be within the Site as directed by Engineer. Owner will remove and replace Owner's signs. B. Remove existing mailboxes and posts, and temporarily install in locations determined by Engineer or as shown on Drawings. Replace mailboxes prior to Substantial Completion. Removal, temporary reinstallation, and replacement shall occur such that mail delivery is not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. C. Temporary Electricity 1. Provide all necessary temporary electric service and temporary wiring needed for construction activities. Contractor shall pay for all temporary electricity. 2. Contractor may use permanent electric service after service is installed. Contractor shall pay for all electrical usage until Substantial Completion. After Substantial Completion, Owner will pay for electricity. TEMPORARY FACILITIES AND CONTROLS © 2016 Stantec 1 193803351 01 50 00 - 2 3.04 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.05 TEMPORARY CONSTRUCTION A. By Pass Pumping 1. All sanitary flows shall be pumped around areas with no spillage allowed. 2. Any spill needs to be reported as required by law. 3.06 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. B. Construction Staging Plan 1. Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept, reject, or suggest alterations to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum through -lane lane widths of 10 feet will be maintained at all times. c. 2-way traffic (1 lane in each direction) will be maintained at all times. d. The Contractor may request changes to the Construction Staging Plan at any time,. No change or deviation will be permitted without approval of the Engineer. e. Provide access for emergency vehicles and busses to all residences at all times. f. The Contractor will re-establish access to all driveways at the end of each day. g. For all traffic lane switches, interim pavement markings shall be installed in accordance with Chapter 8 of the Traffic 2ngineering Manual. There will be no direct compensation for interim pavement markings. TEMPORARY FACILITIES AND CONTROLS © 2016 Stantec 1 193803351 01 50 00 - 3 h. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets. i. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. i. Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light 1. All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360-Degree Rotating Lights - SAE Specification J845. b. Flashing Lights - SAE Specification J595. c. Flashing Strobe Lights - SAE Specification J 1318. D. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short-term" lane closure or traffic restriction shall be one that is in -place only during the Contractor's work hours. b. Temporary "short-term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for "short-term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. E. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall complete the checklist attached to the end of this Section, each day of each week that traffic control devices for any overnight lane closure or detour are being used on the Project. The completed checklist shall be submitted each working day to the Engineer or the Engineer's designated representative at some mutually agreeable time. 3. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual. Flagpersons are required to protect construction vehicles during unloading of construction materials. 4. 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. TEMPORARY FACILITIES AND CONTROLS © 2016 Stantec 1 193803351 01 50 00 - 4 5. 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. 6. 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, natural causes, or when requested by Engineer. 7. The Contractor shall store at least 10 extra Type 1 barricades with flashers, 5 extra Type III barricades, and 10 extra drums, at a convenient location within the Project limits for use in an emergency, as approved by the Engineer. No direct compensation will be made to the Contractor for furnishing and erecting these traffic control devices. Failure to Complete The Work On Time l . The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non-compliance charges, for each incident, will be assessed at a rate of $250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 2. The Contractor will be subject to an hourly charge for failure to remove temporary lane restrictions within the permitted hours, unless authorized by the Engineer. Non- compliance charges, for each incident, will be assessed at a rate of $500 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 3.07 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. END OF SECTION © 2016 Stantec 1 193803351 TEMPORARY FACILITIES AND CONTROLS 01 5000-5 This Page Left Blank Intentionally SECTION 01 51 20 TEMPORARY CONVEYANCE OF WASTEWATER PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Temporary conveyance of wastewater to allow the construction of improvements to the sanitary sewer manhole invert. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment. l . A Bid Item has been provided for Temporary Conveyance of Sanitary Sewage for some measure of temporary conveyance. Measurement is by lump sum. This will be considered payment in full for all work and costs for temporary pipe plugging, temporary pumps, temporary piping, temporary pumping and hauling of sewage as required to complete the work of reforming the inlet manhole invert. 2. All additional work and costs of this Section shall be incidental to the Project and included in the Total Lift Station Improvement Lump Sum Base Bid. 1.03 DEFINITIONS A. Average Daily High Flow: Average flow anticipated on a daily basis. B. Spill: Release of wastewater to any location outside the permanent or temporary conveyance system, including but not limited to bodies of water, ground surface, excavations, homes, businesses, basements, or storm sewers. 1.04 SYSTEM DESCRIPTION A. Maintain continuous flow of wastewater at all times, unless otherwise indicated. Provide all necessary equipment, temporary installations, temporary platforms to protect existing equipment and operating personnel to accomplish diversion of wastewater around construction areas for the time necessary to accomplish the Work. 1. All wastewater shall be conveyed downstream of the lift station. 2. Flow shall not be allowed to back up or to be restricted in any way, unless approved by the Engineer. 3. Flow levels shall not be allowed to backup beyond 65 percent of the pipe diameter above the pipe invert, unless approved by the Engineer. 4. The Contractor will be responsible for all fines that may result from spillage of wastewater. 5. Temporary conveyance systems shall be designed to convey flows specified in Article 1.05.A. and as shown on the Drawings. B. The Contractor shall be responsible for damages (including settled materials removal) caused by wastewater backup due to the Contractor's operations. Temporary conveyance system will require multiple pumps operating at two different manhole locations. TEMPORARY CONVEYANCE OF WASTEWATER © 2016 Stantec 1 193803351 01 51 20 - 1 C. Pressure Piping System: The Contractor shall provide a pressure system to convey the average daily high flow through the existing forcemain system or temporary forcemain systems. The system pipes in use shall be capable of conveying the firm flow capacity. The complete system shall be in place and connected prior to start-up of the temporary conveyance system. Flow conveyance requirements are specified in Article 1.05.A. D. Pumps: 1. Sanitary Lift Station No. 1: The Contractor shall utilize 2 temporary submersible pumps for temporary conveyance. Coordination will be required with the Owner in use of existing or temporary power for use with the temporary pumping systems. At least 1 temporary pump shall be in place at each upstream manhole, connected, and ready to operate at all times during the reforming of the inlet manhole invert. 1.05 PROJECT CONDITIONS A. Conveyance System Performance Requirements: 1. Sanitary Lift Station No. 1 a. Sanitary Lift Station No. 1: Average Flow = 27 gpm. Peak Flow = 108 gpm. B. Conveyance piping may be operated during cold weather months, Contractor will provide insulated system necessary to prevent freezing of any piping exposed to the elements. 1.06 SUBMITTALS A. No less than 1 month prior to the expected date of the start of temporary conveyance provide the following items: 1. Emergency Spill Response Plan. 2. Temporary Flow Conveyance Plan Check List. 3. Monitoring Plan. Plan shall include details on devices used, how maintained, how monitored, and response time in event of a problem. Submit a detailed proposed plan for temporary conveyance of wastewater, around or through the lift station where flows are impacted by construction, in accordance with Section 01 33 00. The submittal shall contain the following information as minimum requirements: 1. The system layout, including means, methods and materials for the proposed conveyance piping. Temporary conveyance shown on plans is minimum requirements allowed. 2. Pumping equipment and capacity, including required redundancy, pump and system curves. 3. Noise mitigation procedures and devices to ensure compliance with local noise ordinances. 4. Schedule for flow transfers and/or facility shutdowns. C. Copy of the maintenance log on monitoring system submitted weekly. PART 2 PRODUCTS Not Used, TEMPORARY CONVEYANCE OF WASTEWATER © 2016 Stantec 1 193803351 01 51 20 - 2 PART 3 EXECUTION 3.01 GENERAL A. Minimize the length of time temporary conveyance system is utilized. Do not begin temporary conveyance of wastewater without the Engineer's approval. Do not begin temporary conveyance of wastewater until all equipment and materials necessary for the installation of the new facility are on Site. B. Develop an Emergency Spill Response Plan subject to the approval of the Engineer. The Plan shall have the following minimum requirements: 1. 2 sets of repair clamps/couplings for each temporary forcemain pipe size and type shall be stocked on Site prior to starting the temporary conveyance system. Any use of these materials will require replacement within 1 day. 2. Prior to pumping wastewater, the Contractor will successfully hydrotest the piping with potable water. 3. Contractor will have 1 person on -call (attendant) at all times during the pumping of wastewater (24 hours per day, 7 days per week). Attendant will continually monitor equipment and piping, will have a functioning cell phone, and will have an emergency list of phone numbers to call. 4. If a spill occurs or if vandalism occurs that results in an unplanned wastewater discharge, then the attendant will contact the individuals on the phone list. Attendant will also contact any affected party. If the incident is due to vandalism, the attendant shall also notify the local police and obtain a police report. 5. Contractor will have their emergency repair team and clean up respondents to the spill site within 1 hour to assess the situation and initiate the appropriate action. The first response will be to stop wastewater spillage immediately if the attendant has not done so. Responders will obtain additional equipment and personnel if the situation warrants it. 6. The Contractor will review the root cause of the problem and will implement the appropriate corrective action. This corrective action may involve, but not necessarily be limited to, pumping wastewater into tanker trucks and hauling it to a downstream location until such time as repairs are done. 7. Depending on the nature of the situation, a spill may result in standing wastewater in places. Contractor shall utilize appropriate equipment to pump and collect the wastewater and dispose of it either by a tanker truck or via the repaired system. This action will take place in a timely manner as logistics permit, but within 12 hours of the incident or a shorter time period if required by local or state authorities. Clean up shall be to the satisfaction of the Engineer, and local or state authorities. 8. If in an appropriate area to do so, lime or gypsum shall then be applied to those areas of spilled wastewater to buffer any excess nitrogen that may have been absorbed. 9. In case of the spill, Contractor shall notify all affected parties. Contractor shall provide the following information: a. Time of the spill. b. Estimated spill quantity. c. Cause of the spill. d. Cleanup and corrective measures underway and to be taken. 10. The Contractor shall issue a report to the Engineer within 24 hours on the date and time of the incident, the estimated spill quantity, the cause of the incident, the action taken, including both the corrective action and the clean up activities. Attach any police reports, if applicable. TEMPORARY CONVEYANCE OF WASTEWATER © 2016 Stantec 1 193803351 01 51 20 - 3 C. Develop a Temporary Wastewater Conveyance System Start Up Checklist subject to the approval of the Engineer. Plan shall have the following minimum requirements: 1. Temporary Wastewater Conveyance System Start Up Check List. Include notifications to Engineer just prior to start up and provide copy of completed check list showing that all of the following conditions are met: a. All equipment and materials necessary for the installation of the new facility are on Site. b. The temporary conveyance piping was successfully hydrotested for leaks and passed. c. All required equipment is in place and ready to function. d. The Emergency Spill Response Plan has been approved and attendant has proper training and phone numbers. e. Back-up repair couplings and/or clamps for each pipe size and type used are on Site. f. The temporary wastewater conveyance plan detailing proposed method for temporary conveyance of wastewater has been approved. A plan is required for each set up and will require approval prior to installation of the proposed system. 2. Temporary Wastewater Conveyance System Shutdown Check List. Include notifications to Engineer just prior to shutdown and provide copy of completed check list. D. Notify the Engineer in writing 5 working days in advance of temporary wastewater conveyance system start up or shut down. Notify the Engineer verbally 48 hours in advance of temporary wastewater conveyance system start up or shutdown. E. Prior to pumping any wastewater, hydrotest the conveyance pipe at pressure equal to 50 psi and hold for 1 hour. The test fails if leakage is observed or if pressure drop exceeds 5 percent of test pressure over the 1-hour test period. This hydrotest shall be repeated each time the piping system is disassembled and later reassembled. F. Do not begin temporary conveyance of wastewater without the Engineer's approval and evidence of a completed startup checklist. Do not terminate temporary conveyance of wastewater without the Engineer's approval and evidence of a completed shutdown checklist. G. Contractor shall have a Monitoring Plan with the following required: 1. At all times during temporary conveyance pumping: Contractor shall have a person on Site or on -call assuring that the pumping is performing properly and observing that no vandalism occurs to the pumps, temporary piping system, or other equipment. Attendant shall have received training, shall have a functioning cell phone and shall follow Emergency Spill Response Plan in the event of a spill. 2. At all times when any Contractor equipment, bulkheads, or other devices are in the Owner's sewer, Contractor shall provide a monitoring system with the means to detect or determine that flow is not backing up abnormally and is flowing properly through the sewer and/or the temporary wastewater conveyance system. The monitoring system shall immediately alert the Contractor of any flow abnormality. Contractor shall respond to the Site within 60 minutes of the alert. Any device(s) that Contractor uses shall be tested or checked daily and a log of such shall be maintained. Contractor shall maintain the system of monitoring and shall have access to spare parts as necessary to keep it functioning properly. Maintenance on the system shall be recorded in the log. TEMPORARY CONVEYANCE OF WASTEWATER © 2016 Stantec 1 193803351 01 51 20 - 4 3.02 INSTALLATION A. The temporary conveyance system utilized during lift station construction shall comply with the following requirements and conditions: l . Handle flow conditions as stated herein. 2. Provide all temporary connections, parallel temporary lines, temporary power, temporary bulkheads, flumes, temporary operations, and all equipment to perform the Work. 3. The pipe and fitting materials shall have physical and strength characteristics sufficient to handle the indicated flow conditions. 4. The assembled system shall be capable of withstanding the thrust forces generated by the flow and internal pressures indicated. 5. The temporary system shall be monitored the first 24-hours to ensure new conveyance is accomplished without any leaks or reduction in normal pumping rates. 6. Sewer services affected by the temporary conveyance shall be maintained. B. The Contractor shall make all necessary provisions and take all necessary steps to ensure the uninterrupted operation of the temporary conveyance facilities. C. The Contractor shall provide mufflers, temporary enclosures, or sound baffles as required to comply with local and State Noise Ordinances. D. Upon completion of the Work and flow transfer into the permanent facilities, the temporary wastewater conveyance system shall be removed and all affected surface improvements shall be restored to a condition equal to or better than the condition existing prior to construction. E. The Contractor shall notify the Engineer immediately of changes in the conveyance schedule. 3.03 FLOW CONTROL A. General 1. The installation of the new conveyance system shall not cause a wastewater spill at any time during the Project. B. Maximum Depth of Flow 1. Surcharge of interceptor facilities is prohibited, unless approved by the Engineer. 2. Depth of flow shall not exceed 65 percent of pipe diameter above the invert as measured in maintenance holes, unless approved by the Engineer. C. Flow Control Precautions 1. When flow in an interceptor is plugged, blocked, or diverted, sufficient precautions shall be taken to protect the interceptor from damage or accumulation of sediment. 2. Precautions shall be taken to insure that wastewater flow control operations do not cause a spill and/or damage to public or private property. END OF SECTION TEMPORARY CONVEYANCE OF WASTEWATER © 2016 Stantec 1 193803351 01 51 20 - 5 This Page Left Blank Intentionally SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 32 92 00 - Turf and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80-percent partial payment will be made upon installation and 20-percent payment will be made upon removal and restoration. a. Silt Fence: Payment will be by type. Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.). 1. 2130 - Application of Water for Dust Control. 2. 2573 -Storm Water Management. 3. 2575 - Establishing Turf and Controlling Erosion. 1.04 SUBMITTALS A. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2C and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.21D a. Submitted when requested by the Engineer. b. Site plans prepared by Contractor will indicate Contractor operations, erosion and sediment control measures, and a schedule of starting and completion times. TEMPORARY EROSION AND SEDIMENT CONTROL © 2016 Stantec 1 193803351 01 57 13 - 1 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector/Installer Certification program, or approved equal. 1.06 PERMITS A. Project does not disturb 1 or more acres of total land area and is not part of a larger common plan of development or sale that will ultimately disturb 1 or more acres. Submission of the application for the MPCA's General Stormwater Permit for Construction Activity is not required. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. E. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor 1. When the Contractor fails to conduct the quality control program, does not conduct the inspection required in the NPDES permit, or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a $500 per calendar day deduction for noncompliance. G. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. TEMPORARY EROSION AND SEDIMENT CONTROL © 2016 Stantec 1 193803351 01 57 13 - 2 PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Machine sliced (MS). 2.02 TEMPORARY SEED A. Conform to Section 32 92 00. B. General - Sizing, configuration, capacity, and selection of dewatering sediment capture techniques shall be based on Site and flow conditions. The Contractor shall submit the means and methods for review by the Engineer. Sizing of the sediment capture systems will have to be adjusted such that the ultimate discharge water is not visibly different from the receiving water. 2.03 FLOCCULANTS: Conform to MnDOT Spec. 3898. PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion/sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. Implement the Project's NPDES Stormwater Pollution Prevention Plan (SWPPP) and take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. D. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Silt Fence: Conform to MnDOT Spec. 2573.3.. 1. Install in the locations shown on the Drawings using the machine sliced installation method, unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate, placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost, bedrock. TEMPORARY EROSION AND SEDIMENT CONTROL © 2016 Stantec 1 193803351 01 57 13 - 3 3. Use short sections of silt fence placed in J-hook patterns to a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1 /4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, NPDES permit, and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non- functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding/mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re-established several times throughout the duration of the Work. B. Maintenance: Conform to MnDOT Spec. 2573.3.K. 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. END OF SECTION TEMPORARY EROSION AND SEDIMENT CONTROL © 2016 Stantec 1193803351 01 57 13 -A SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic requirements for products used in the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Lift Station Improvement Lump Sum Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with Instructions to Bidders: 1. Written request for approval with supporting documentation. Submit the following items consistent with Section 01 33 00 and General Conditions Article 6.05: 1. Shop drawings for named products and "or -equal" products. 2. Written application for substitute items, including supporting documentation. 1.04 PRODUCT SUBSTITUTIONS AND "OR -EQUAL" PROCEDURES A. Procedures During Bidding 1. Conform to the requirements of the Instructions to Bidders. Procedures During Construction l . Scheduling of Submittals: Conform to the Contractor's Schedule of Submittals. 2. Submittal Procedures: Conform to the requirements of Section 01 33 00. 3. Items not approved as "or -equal" may be resubmitted as a Substitute Item. 4. Engineer will review Substitute Item requests that conform to General Conditions Article 6.05.A2d and the following additional supporting documentation: a. Drawings and Specifications. b. Installation lists. c. Performance data, including equipment capacity, strengths, weights, and dimensions. d. Catalog cut -sheets. e. Lists of deviations from and exceptions to the Specifications. f. Detailed information for all buy-out items, including motors and drives. g. Lists of materials of construction. h. Maintenance schedules of equipment, including buy-out items. i. Other information deemed necessary at the discretion of Engineer. 5. Incomplete submittals will be returned to Contractor without review. 6. Contract times will not be modified due to substitute and "or -equal" review process. 7. Engineer shall not have to prove that an item is not an "or -equal." PRODUCT REQUIREMENTS © 2016 Stantec 1 193803351 01 60 00 - 1 8. Owner does not have to accept proposed Substitute Items. 1.05 SUBTITUTE ITEMS A. Procedures During Bidding 1. Conform to the requirements of the Instructions to Bidders. Procedures During Construction 1. Alternate material or equipment items accepted by the Owner and included in the award of Contract become named materials or equipment. 2. Submit shop drawings and material certifications consistent with Section 01 33 00. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 DELIVERY A. Transport and handle products in accordance with the manufacturer's instructions. B. Handle and lift products only at designated lift points and by methods to avoid soiling, disfigurement, bending, overstressing, and damage. C. Store products on shelves, in bins, or in neat groups of like items with seals and labels intact and legible, and in a manner to provide access for maintenance and inspection. D. Store loose granular materials on clean, solid, flat surfaces, and prevent mixing with foreign matter. Store fabricated products supported above the ground on skids or blocking. Provide surface drainage to prevent erosion and ponding of water. E. Cover products subject to discoloration or deterioration with impervious sheet covering and protect products from soiling and staining. F. Store and protect products which are subject to damage by the elements in weathertight, climate controlled enclosures, and according to the manufacturer's instructions. Maintain temperature, ventilation, and humidity within ranges stated in the manufacturer's instructions. G. Attach applicable manufacturer's service instructions labeled "STORAGE SERVICE INSTRUCTIONS ENCLOSED" to exterior of each stored product. H. Inspect, maintain, and service stored products on a regularly scheduled basis, consistent with the manufacturer's instructions. I. Record inspection, maintenance, services performed, and keep log available for review. J. Traffic control required for all deliveries to and from the Site shall be the responsibility of the Contractor. All flagmen, barricades, flares, and safety measures are the sole responsibility of the Contractor. PRODUCT REQUIREMENTS © 2016 Stantec 1 193803351 01 60 00 - 2 3.02 STORAGE AND HANDLING A. Protect from damage all materials and equipment to be used in the completed facility. Provide temporary Site security fencing around storage areas and as indicated on the Drawings. C. The Contractor shall provide the Owner and Engineer with keys or combinations to any locks that may be used to secure fencing gates. D. Storage areas and hazardous areas shall be protected by use of chain link fence around the perimeter of the area. This fencing is in addition to any other fencing required for Site containment. 3.03 OWNER SUPPLIED PRODUCTS A. The Contractor shall be responsible for removal, protection, storage, delivery, and installation of all Owner furnished equipment or materials, unless otherwise specified. B. The Contractor shall be required to make all modifications to structures, equipment, and power to provide a complete and working installation of the Owner furnished products. C. The Contractor shall provide any materials or equipment required for the installation of the Owner supplied products, including but not limited to electric wire and conduit, pipes, anchors, and supports. D. The Contractor shall be responsible for inspection of any existing Owner furnished products to verify characteristics prior to Bidding. E. Install Owner furnished equipment in accordance with manufacturer's recommendations and as specified in other Sections. F. All costs associated with the complete installation of Owner furnished equipment shall be considered incidental to the Project, unless otherwise specified. END OF SECTION PRODUCT REQUIREMENTS © 2016 Stantec 1 193803351 01 60 00 - 3 This Page Left Blank Intentionally SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Lift Station Improvement Lump Sum Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC-134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. EXECUTION REQUIREMENTS © 2016 Stantec 1 193803351 01 70 00 - 1 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. Secure Work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Coordinate space requirements and installation of mechanical and electrical work indicated on Drawings. Follow routing shown for pipes, ducts, and conduit; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, maintenance, and repairs. E. Mount individual units of work at industry recognized standard -mounting heights for the particular application indicated, where mounting heights are not indicated. F. Conceal pipes, ducts, and wiring within the construction in finished areas, except as otherwise indicated. Coordinate locations of fixtures and outlets with finish elements. G. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 EQUIPMENT VARIATIONS A. Contractors are advised that because of manufacturer's variations in equipment design changes from Drawings in piping arrangement and layout, electrical and control from Drawings in piping arrangement and layout, electrical and control circuitry, and related dimensions of equipment foundation and anchorage details, may be required for equipment installations. B. Equipment requiring minor deviations in the system layout, such as minor piping revisions, will be acceptable; however, the Contractor shall include all costs associated with the deviation in their Bid. Should the deviation require revisions in the design of the facility, the Contractor shall reimburse the Owner for the cost of any redesign. C. Electrical and mechanical piping, conduits, and ducts are shown schematically and shall be located by the Contractor to avoid any conflicts. Contractor shall coordinate work of all subcontractors and make minor relocations as necessary at no change to the Contract Price. 3.04 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. EXECUTION REQUIREMENTS 0 2016 Stantec 1 193803351 01 70 00 - 2 B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12-hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.05 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.06 FINAL CLEANING A. Dust, vacuum, wash, and clean all new equipment. 3.07 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.08 SPECIAL TOOLS A. Provide any special tools, jigs, fixtures, and lifting tackle which are necessary for assembly, erection, operation, maintenance, and repair of equipment. B. Special tools and devices are those the design, purpose, and use of which are peculiar to the equipment furnished and which are not available from normal wholesale or retail outlets. Standard general purpose tools are not included in this requirement. C. Provide neat and substantial metal tool box with hinged cover and lifting handles or metal cabinet with hinged door. © 2016 Stantec 1 193803351 EXECUTION REQUIREMENTS 01 7000-3 3.09 SPARE PARTS A. Required spare parts are listed under the individual Specification Sections. 3.10 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC-134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, 600 North Robert Street, St. Paul, MN 55101 or by calling (651) 282-9999 or 1 (800) 657-3594. They are also available on their website: www.revenue.State.mn.us, or via email at withhold incr.tax@state.mn.us. END OF SECTION EXECUTION REQUIREMENTS © 2016 Stantec 1 193803351 01 70 00 - 4 SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. B. Related Sections 1. Section 02 41 19 - Selective Structural Demolition. 2. Section 31 23 00 - Excavation and Fill. 3. Section 33 05 17 - Adjust Miscellaneous Structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Removal of Bushes. Measurement will be by lump sum. Payment at the Bid Unit Price will be considered compensation in full for all work necessary to complete the Bid Item. The entire bush including roots shall be removed from the site. 2. All removals of items associated with the existing lift station structure shall be included in the Demolition of Existing Lift Station No. 1 per Section 02 41 19. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.). 1. 2104 - Removing Pavement and Miscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re -assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. SELECTIVE SITE DEMOLITION © 2016 Stantec 1 193803351 0241 13 - 1 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 1.06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 31 23 00. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. B. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. SELECTIVE SITE DEMOLITION 02016 Stantec 1 193803351 0241 13 - 2 C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 REMOVE BUSHES A. Remove bushes completely. This includes all roots. 3.05 REMOVE MANHOLES CASTING AND RINGS A. Remove existing casting and rings. B. Replace with new per Section 33 05 17. 3.06 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the same shape, dimension, location, and quality of the original item prior to construction. B. Items damaged during removal or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. 3.07 DISPOSING OF MATERIAL A. Conform to MnDOT section 2104.3.D. B. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION 02016 Stantec 1 193803351 SELECTIVE SITE DEMOLITION 0241 13-3 This Page Left Blank Intentionally SECTION 02 41 19 SELECTIVE STRUCTURE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Demolish all Work shown on the Drawings and as specified herein at the existing Sanitary Lift Station No. 1 structure. B. Related Sections 1. Conditions of the Contract and all Division 1 Sections shall apply to the Work of this Section. C. Scheduling 1. Before starting any Work relating to the existing lift station that will be temporarily discontinued or disrupts service to the existing lift station, notify the Engineer and the Owner 72 hours in advance and obtain the Owner's approval in writing before proceeding with this phase of the Work. 1.02 MEASUREMENT AND PAYMENT A. All Work necessary to complete the items in this Section in full, including removal, salvage, storage or disposal, and reinstallation, shall be included in the selective demolition Lump Sum Bid Item. B. A Bid Item has been provided for the Demolition of existing Sanitary Lift Station No. 1. Measurement will be based upon unit of lump sum and shall include all demolition work at the sanitary lift station including but not limited to removal of dual guide bars for both pumps, wet well ventilation piping and hatch as described in Article 3.02 and as shown on the Drawings. Payment will constitute compensation in full for all Work and cost. C. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 DEFINITIONS A. Remove: To take away, eliminate, or remove from the Site by any method selected by the Contractor and to dispose of material. B. Salvage: To dismantle, disassemble, or remove carefully and without damage so the item can be re -assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. SELECTIVE STRUCTURE DEMOLITION © 2016 Stantec 1 193803351 0241 19 - 1 1.04 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3C with the following modifications: 1. All materials designated for removal shall be disposed of outside the Site at locations to be selected by the Contractor. 2. All materials designated for salvage shall be stockpiled or temporary stored carefully on sites to be provided by the Contractor until delivered to the Owner. 1.05 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Demolition Work cannot begin on the existing Lift Station pumping and control equipment until after the new lift station pumping and control equipment has been delivered to the site and determined that no damage has occurred in shipping. Coordinate this work and provide temporary bypass pumping operations as needed to do this work. C. Fill and plug all holes or depressions resulting from removal and not reused by new materials or equipment. PART 2 PRODUCTS 2.01 NON -SHRINK GROUT A. Non -shrink grout shall be ready to use, non -shrink, non-metallic, aggregate product requiring only the addition of water at the Site. B. Non -shrink grout shall beet the requirements of Corps of Engineers Specification CRD-C-621. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition, at no expense to the Owner. C. Remove debris from the Work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner, with the least possible disturbance to the public and the adjacent residential property. E. Fill holes resulting from removals. SELECTIVE STRUCTURE DEMOLITION © 2016 Stantec 1 193803351 0241 19 - 2 3.02 SCHEDULE OF WORK A. Existing Sanitary Lift Station No. 1: 1. Demolition Items: a. Remove the entire existing wet well ventilation piping and supports as designated on the Drawings. b. Remove dual 2 inch guide rails for each submersible pump. Existing support brackets to remain and be reused for new rail installation. c. Remove existing hatch and the deteriorating metal form for the opening in the wet well top slab. The existing hatch frame shall remain so as not to damage the existing concrete slab. d. Remove the existing grab bar and cut anchors flush with surface. 2. Items to be Salvaged: a. None. 3. Items to be Abandoned: a. None. 3.03 PROTECTION A. Sewer flows shall remain in service at all times. B. Determine required protective measures before proceeding with demolitions and removals. C. Provide, erect, and maintain catch platforms, lights, barriers, weather protection, warning signs, and other items as required for proper protection of the workers engaged in demolition operations, equipment, occupants of the building, public, and adjacent property. D. Provide and maintain weather protection to fully protect the operation of equipment. E. Provide and maintain temporary protection of the existing structure designated to remain where demolition, removal, and new Work being done, connections made, materials handled, or equipment moved. F. Conduct operations with minimum sanitary service interference. Coordinate this work and provide temporary bypass pumping operations if needed to do this work. 3.04 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Site at disposal site selected by Contractor, off Site, in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION SELECTIVE STRUCTURE DEMOLITION © 2016 Stantec 1 193803351 0241 19 - 3 This Page Left Blank Intentionally SECTION 03 10 00 CONCRETE FORMWORK PART 1 GENERAL A. Section Includes 1. Furnish and install formwork for cast -in -place concrete. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All costs of this Section related to the installation of the concrete generator pad shall be included in the Concrete Generator Pad Base Bid. Units will be by square feet of pad constructed to the depth shown on the plan detail and shall include all forming and reinforcing of the pad. 2. All costs of this Section related to the installation of the concrete control panel pad shall be included in the Concrete Control Panel Pad Base Bid. Units will be by square feet of pad constructed to the depth shown on the plan detail and shall include all forming and reinforcing of the pad. 1.03 REFERENCES A. American Concrete Institute (ACI) 1. 347 - Recommended Practice for Concrete Formwork. 1.04 SUBMITTALS A. Submittals shall conform to Section 01 33 00_ B. Submit product data for form ties. 1.05 QUALITY ASSURANCE A. The design, engineering, and proper construction of all formwork shall be the responsibility of the Contractor. B. Design formwork in accordance with ACI 347. 1.06 PRODUCT HANDLING A. Do not store forms or equipment on finished slabs. PART 2 PRODUCTS 2.01 FORM MATERIAL A. Form facing material shall be smooth faced, undamaged plywood or other panel type material approved by the Engineer. © 2016 Stantec 1 193803351 1 CONCRETE FORMWORK 03 10 00 - 1 B. The form facing material shall produce a smooth, hard, uniform texture on the concrete. C. The arrangement of the facing material shall be orderly and symmetrical with the number of seams kept to a minimum. D. Facing material with raised grain, torn surfaces, worn edges, patches, dents, or other defects which will impair the texture of the concrete surface shall not be used. E. Circular column forms shall consist of a continuous laminated fiber tube with exterior moisture protection and non -adhering interior surface similar to "A -Coated Sonotube" as manufactured by Sonoco Products, or approved equal. F. Void Forms: Void forms shall be Slab Void System as manufactured by Sure Void Products, Inc., Englewood, Colorado (800) 458-5444, or approved equal. 2.02 FORM TIES A. Form ties shall be factory fabricated, adjustable length, removable or snap -off metal form ties designed to prevent form deflection and to prevent spalling concrete surfaces upon removal. B. The portion of the tie remaining in the concrete after removal of the tie shall be at least 1 inch from the surface of the concrete. C. Provide waterseals on all wall ties used in water containment structures and exterior walls. 2.03 FORM COATINGS A. Form coatings or release agents shall be commercially formulated chemical release agents containing no lubrication oil, conventional form oil, fuel oil, or kerosene. B. The form coating shall not penetrate, stain, or leave a residual film on the concrete surface and shall not attract dirt or other deleterious material. 2.04 ACCESSORIES A. Chamfer strips shall be 3/4 inch by 3/4 inch wood or plastic strips. B. Provide all anchorages, braces, and special forms required to construct cast -in -place concrete components shown on the Drawings. PART 3 EXECUTION 3.01 GENERAL A. Establish a benchmark in an accessible location and use as a reference point for various construction levels. B. Verify lines, levels, and centers before proceeding with formwork. C. Insure that dimensions agree with the Drawings. Report any discrepancies to the Engineer before proceeding with Work. CONCRETE FORMWORK © 2016 Stantec 1 193803351 03 10 00 - 2 3.02 FORMWORK DESIGN A. The design, engineering, and construction of the formwork shall be the responsibility of the Contractor. B. Formwork shall be designed in accordance with ACI 347. C. Formwork shall be designed, erected, supported, braced, and maintained to safely support all vertical and lateral loads that might be applied until such loads can be supported by the concrete structure. D. Formwork shall be cambered to compensate for anticipated deflections in the formwork prior to hardening of the concrete. E. Positive means of adjustment of shores and struts shall be provided and all settlement shall be taken up during concrete placing operations. Forms shall be securely braced against lateral deflections. 3.03 FORMWORK CONSTRUCTION A. Provide forms for all concrete work. Earth cuts shall not be used as forms for vertical surfaces. B. Construct forms to conform to slopes, lines, and dimensions shown on the Drawings. C. Forms shall be sufficiently tight to prevent loss of mortar from the concrete. D. Place chamfer strips at all exposed corners. E. Install all required openings, frames, pipe sleeves, cavities, slots, and other embedded items. F. Cut all holes in forms required for installation or embedment of concrete reinforcement bars and ties. G. Conform to manufacturer's recommendations for installation of void forms. Verify proper preparation of base materials prior to installation of void forms. H. Provide sharp clean corners at intersecting planes without visible edges or offsets. Back joints with extra studs or girts to maintain true, square corners. I. Temporary openings shall be provided at the base of column forms and wall forms to facilitate cleaning and observation immediately before concrete is placed. Construct closures to ensure a tight fit flush with the adjoining surfaces. J. Provide runways for moving equipment. Runways shall be provided with struts or legs and shall be supported directly on the formwork. Runways shall not rest on the reinforcing steel. K. Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris before concrete is placed. 0 2016 Stantec 1 193803351 CONCRETE FORMWORK 031000-3 3.04 TOLERANCES A. Construct formwork so that concrete surfaces will conform with the following tolerances: l . Variation from plumb In any 10 feet of length 1 /4 inch. Maximum for entire length 1 /2 inch. 2. Variation from the level or specified grade In any 10 feet of length 1 /4 inch. Maximum for entire length 1 /2 inch. 3. Variation of the linear building lines from established position in plan and related position of columns, walls, and partitions In any 20 feet of length 1 /2 inch. Maximum for entire length 1 inch. 4. Variation in the sizes and locations of sleeves, floor openings, and wall openings: ± 1 /4 inch. 5. Variation in cross -sectional dimensions of columns and beams and in the thickness of slabs and walls Minus 1 /4 inch. Plus 1 /2 inch. 6. Footings (tolerances apply to concrete dimensions only, not to positioning of reinforcing steel): a. Variations in dimensions in plan Minus 1 /2 inch. Plus 1 inch. b. Misplacement 1 inch. c. Thickness Decrease in thickness 1 /2 inch. Increase in thicknes No limit 7. Variations in steps a. In flight of stairs Rise ± 1 /8 inch. Tread ± 1 /4 inch. b. In consecutive steps Rise ± 1/16 inch. Tread ± 1 /8 inch. 3.05 FORM SURFACE PREPARATION A. Clean surfaces of forms and embedded material of all accumulated mortar or grout from previous concreting and of all other foreign material before concrete is placed. B. Before placing the reinforcing steel or the concrete, the surfaces of the forms shall be covered with an acceptable coating material that will effectively prevent absorption of moisture, prevent bond with the concrete, and not stain the concrete surfaces. C. Excess form coating material shall not stand in puddles in the forms. D. Form coating material shall not come in contact with hardened concrete against which fresh concrete is to be placed. E. Spray form coating on all concrete form surfaces, including wood forms for wall openings, keyway strips, and chamfer strips. CONCRETE FORMWORK © 2016 Stantec 1193803351 03 10 00 - 4 3.06 RE -USE OF FORMS A. Clean and repair surfaces of forms to be re -used. B. Do not use split, frayed, delaminated, or otherwise damaged form facing material. 3.07 FORM REMOVAL A. Formwork for columns, walls, sides of beams, and other parts not supporting the weight of the concrete may be removed as soon as the concrete has hardened sufficiently to resist damage from removal operations, but not less than 24 hours after completing concrete placement and finishing. B. Forms and shoring used to support the weight of concrete in beams, slabs, and other structural members shall not be removed in less than 10 days and not until the concrete has attained 3,500 psi minimum compressive strength. Compressive strength shall be determined by field -cured specimens. C. Once forms and shoring supporting beams, slabs, and other structural members have been removed, concrete structural members at each level shall be reshored the same day such that all superimposed loads are uniformly distributed and transferred directly to the foundation through temporary supports. No construction or other live loads shall be permitted on the members, unless sufficient support is in place or concrete has attained full design strength and loads do not exceed the design maximum, as approved by the Engineer. D. The Contractor shall be responsible for all damage resulting from removal of forms or premature overloading of structural members. E. Wood forms for wall openings shall be loosened as soon as possible without damage to the concrete. END OF SECTION CONCRETE FORMWORK © 2016 Stantec 1 193803351 03 10 00 - 5 This Page Left Blank Intentionally SECTION 03 20 00 CONCRETE REINFORCEMENT PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish and install epoxy coated reinforcement bars. 1.02 PRICE AND PAYMENT PROCEDURES A. All costs of this Section related to the installation of the concrete generator pad shall be included in the Concrete Generator Pad Base Bid. Units will be by square feet of pad constructed to the depth shown on the plan detail and shall include all forming and reinforcing of the pad. B. All costs of this Section related to the installation of the concrete control panel pad shall be included in the Concrete Control Panel Pad Base Bid. Units will be by square feet of pad constructed to the depth shown on the plan detail and shall include all forming and reinforcing of the pad. 1.03 REFERENCES A. American Concrete Institute (ACI) 1. 315 - Details and Detailing of Concrete Reinforcement. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2472 - Metal Reinforcement. 2. 3301 - Reinforcement Bars. 1.04 SUBMITTALS A. Submittals shall conform to Section 01 33 00. B. Submit complete shop drawings, bar lists, and calculated quantities of all material to be furnished and installed under this Section. Show bar sizes, spacings, locations, and quantities of reinforcing and bend details. C. Prepare shop drawings in accordance with ACI 315. D. Submit mill certifications for all reinforcement bars. 1.05 PRODUCT HANDLING A. Store and protect reinforcement accessories in accordance with MnDOT Spec. 2472. CONCRETE REINFORCEMENT © 2016 Stantec 1 193803351 03 20 00 - 1 PART 2 PRODUCTS 2.01 MATERIAL A. Reinforcement bars shall be deformed billet steel bars, Grade 60, conforming to MnDOT Spec. 3301. B. All reinforcement bars and bar supports shall be epoxy coated in accordance with MnDOT Spec. 3301. C. Bar supports shall conform to MnDOT Spec. 2472. D. Tie wires shall be plastic or nylon coated conforming to MnDOT Spec. 2472. 2.02 FABRICATION A. Fabricate reinforcement bars in accordance with MnDOT Spec. 2472. PART 3 EXECUTION 3.01 PLACING A. Place reinforcement steel in accordance with Contract Documents, approved shop drawings, and MnDOT Spec. 2472. B. Provide reinforcement cover specified on Drawings. 3.02 SPLICES A. Provide reinforcement splices by lapping ends, placing bars in contact, and tightly wire tying. B. Provide lap splice lengths as shown on the Drawings. END OF SECTION CONCRETE REINFORCEMENT 0 2016 Stantec 1 193803351 03 20 00 - 2 SECTION 03 30 00 CAST -IN -PLACE CONCRETE PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish and install all cast -in -place concrete and accessories. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All costs of this Section related to the installation of the concrete generator pad shall be included in the Concrete Generator Pad Base Bid. Units will be by square feet of pad constructed to the depth shown on the plan detail and shall include all forming and reinforcing of the pad. 2. All costs of this Section related to the installation of the concrete control panel pad shall be included in the Concrete Control Panel Pad Base Bid. Units will be by square feet of pad constructed to the depth shown on the plan detail and shall include all forming and reinforcing of the pad. 1.03 REFERENCES A. American Concrete Institute (ACI) 1. 301 - Specifications for Structural Concrete for Buildings. 2. 305 - Hot Weather Concreting. 3. 306 - Cold Weather Concreting. 4. 309 - Recommended Practice for Consolidation of Concrete. 1.04 SUBMITTALS A. Submittals shall conform to Section 01 33 00, B. Submit manufacturer's data for concrete admixtures, liquid curing material, floor joint filler, finishing compounds, and bonding agents. C. Submit concrete aggregate test reports and concrete mix designs at least 14 days prior to placement of concrete. D. Submit results of concrete strength tests. 1.05 QUALITY ASSURANCE A. Comply with ACI 301, except as modified in this Section. B. The Contractor shall hire an independent testing laboratory approved by the Engineer to perform the work listed below. All costs for this testing shall be paid by the Contractor 1. Test proposed aggregate. 2. Design concrete mixes for each type of concrete specified. 3. Cast concrete cylinders for strength tests. CAST -IN -PLACE CONCRETE © 2016 Stantec 1 193803351 03 30 00 - 1 4. Test concrete cylinders. C. Aggregate Tests 1. Test aggregates for compliance with ASTM C33. D. Concrete Mix Design 1. Prepare mix designs for each type of concrete specified. 2. Design concrete mixes in accordance with ACI 301. Concrete Strength Tests 1. Mold and cure three 6 inch diameter by 12 inch high specimens from each sample in accordance with ASTM C31. Any deviations from the requirements of ASTM C31 shall be recorded in the test report. 2. Alternatively, if the maximum coarse aggregate size for the concrete mix used does not exceed 1-1 /4 inches, 4 test specimens 4 inch diameter by 8 inch high may be cast. 3. Test specimens in accordance with ASTM C39. Two 6 inch diameter or three 4 inch diameter specimens shall be tested at 28 days for acceptance and 1 shall be tested at 7 days for information. The acceptance test results shall be the average of the strengths of the specimens tested at 28 days. 4. Make at least 1 strength test for each 100 cu.yds. or fraction thereof of each mixture design of concrete placed in any 1 day. 5. A copy of the test results shall be furnished to the Engineer as soon as available. 6. All costs of concrete cylinder testing shall be paid by the Contractor. 7. Mold and field cure additional specimens as required in Section 00 31 00 for early form removal. F. Concrete Slump Tests 1. The Owner will determine slump of concrete from each truck in accordance with ASTM C143. 2. If slump does not meet Specifications, remove batch from work and dispose of off Site. 3. All costs of slump testing will be paid by the Owner. G. Concrete Air Content Tests 1. The Owner will determine air content of concrete from each truck in accordance with ASTM C231. 2. If air content does not meet Specifications, remove batch from work and dispose of off Site. 3. Air content will be tested prior to and after adding superplasticizer. 4. All costs of air content testing will be paid by the Owner. H. Concrete Temperature 1. The Owner will determine temperature of concrete from each truck. 1.06 PRODUCT HANDLING A. Do not store forms, shores, reinforcing, equipment, or other material on finished slab surfaces. PART 2 PRODUCTS 2.01 CONCRETE MATERIAL A. Cement: Conform to ASTM C150, Type I. Provide cement from 1 source of supply. CAST -IN -PLACE CONCRETE © 2016 Stantec 1 193803351 03 30 00 - 2 B. Aggregate: Conform to ASTM C33. Provide aggregate from 1 source of supply. C. Water: Clean potable and free from deleterious amounts of oil, acid, alkali, or other foreign matter. 2.02 ADMIXTURES A. Air Entraining Admixture: Conform to ASTM C260. B. Water Reducing Admixture: Conform to ASTM C494, Type A. C. High Range Water -Reducing Admixtures (Superplasticizer): Conform to ASTM C494, Type F and contain no chlorides. D. Fly Ash: Conform to ASTM C618, Class C or F. Loss on ignition shall be limited to 3 percent maximum. 2.03 MISCELLANEOUS MATERIAL A. Burlap -Polyethylene Sheet: Burlap polyethylene sheeting shall consist of burlap weighing not less than 10 oz./linear yard, 40 inches wide impregnated on 1 side with white opaque polyethylene 0.006 inch thick. Sheeting shall conform to ASTM C171. B. Liquid Curing Compound: Conform to ASTM C309, Type 1-D, Class B clear or translucent with fugitive dye. Not to be applied to floor slabs. C. Expansion Joint Material: Bituminous fiber type conforming to ASTM D1751 with bituminous or paraffin binder. D. Interior Joint Filler: 1-part, self -leveling, polymer reinforced joint filler, Everjoint manufactured by L&M Construction Chemicals, Inc., or approved equal. E. Exterior Joint Sealant: 2-parts, self -leveling, polyurethane sealant, Sonolastic SL2 manufactured by Sonneborn, or approved equal. F. Concrete Finishing Compound: Thoroseal cement based coating manufactured by Thoro System Products, or approved equal. G. Bonding Agent: Acryl 60 manufactured by Thoro System Products, or approved equal. H. Adhesive Anchor: Adhesive for anchoring steel reinforcement dowels and threaded rods in concrete shall be a 2 component injected epoxy structural adhesive. Approved products include Hilti RE-500 Adhesive as manufactured by Hilti Fastening Systems, Epoxy - Tie Adhesive as manufactured by Simpson Strong -Tie, or Epogel as manufactured by Sonneborn. I. Dovetail Anchor Slot: 18-gauge stainless steel dovetail slot. CAST -IN -PLACE CONCRETE © 2016 Stantec 1 193803351 03 30 00 - 3 2.04 CONCRETE MIX PROPORTIONS A. Structural Concrete: Concrete for walls, slab -on grade, grade beams, slabs, beams, columns, bases, pads, and shall conform to the following minimum requirements: Coarse aggregate size ASTM C33 Size No. 67 Minimum compressive strength at 28 days 4,000 psi Maximum water -cement + pozzolan ratio 0.40 Minimum cement + pozzolan content 564 Ib/cu.yd. Maximum pozzolan content 25 percent of cement content Slump before adding superplasticizers 2 inches ± 1 inch Slump after adding superplasticizer 6 inches ± 1 inch Entrained air content 6 percent ± 1-1 /2 percent PART 3 EXECUTION 3.01 CONCRETE PRODUCTION A. Ready -mixed concrete shall be batched, mixed, and transported in accordance with ASTM C94. B. Concrete shall be mixed only in quantities for immediate use. Concrete which has set shall be discarded and shall not be retempered. C. Discharge concrete from truck within 60 minutes after cement is added to the mix. D. Do not add water at the Site without the permission of the Engineer. E. Add superplasticizer to the concrete at the Site. Add superplasticizer and mix concrete in accordance with manufacturer's specification. 3.02 EMBEDDED ITEMS A. All sleeves, inserts, anchors, and embedded items required for adjoining work or for its support shall be placed prior to placing concrete. B. All embedded items shall be positioned accurately and supported against displacement. C. Voids in sleeves, inserts, and anchor slots shall be filled temporarily with readily removable material to prevent the entry of concrete into the voids. 3.03 PREPARATION BEFORE PLACING A. Formwork shall be completed and all reinforcement and embedded items shall be secured in place. Coordinate box out size and locations with Electrical Contractor for conduit penetrations. B. All snow, ice, and mud shall be removed prior to placing concrete. C. Do not place concrete on frozen ground. CAST -IN -PLACE CONCRETE © 2016 Stantec 1 193803351 03 30 00 - 4 D. Do not place concrete on ground with standing water or when upper 2 inches of ground is saturated. E. Do not place concrete during rain, sleet, or snow. 3.04 CONCRETE CONVEYING A. Concrete shall be handled from the mixer to the place of final deposit as rapidly as practical by methods, which will prevent segregation or loss of ingredients. 3.05 CONCRETE DEPOSITING A. Deposit concrete continuously or in layers of such thickness that no concrete will be deposited on concrete which has hardened sufficiently to cause the formation of seams or planes of weakness within the section. B. Place concrete at such a rate that the concrete which is being integrated with fresh concrete is still plastic. C. Concrete which has partially hardened or has been contaminated by hardened materials shall not be deposited. D. Remove rejected concrete from the Site. E. Deposit concrete as nearly as practicable in its final position to avoid segregation due to handling or flowing. F. Free fall of concrete shall not exceed 5 feet. Use chutes equipped with hopper heads for placing where a drop of more than 5 feet is required. 3.06 PLACING CONCRETE SLABS A. Deposit and consolidate concrete slabs in a continuous operation. B. Consolidate concrete placed in slabs by vibrating bridge screeds, roller pipe screeds, or other methods acceptable to the Engineer. Bring slab surfaces to the correct level with a straight edge and then strike off. Use bullfloats or darbies to smooth the surface, leaving it free from bumps and hollows. C. Do not leave screed stakes in concrete. D. Do not sprinkle water on the plastic surface. Do not disturb the slab surfaces prior to start of finishing operations. 3.07 COLD WEATHER PLACING A. Do not place concrete when the air temperature is less than 40 degrees F without the specific approval of the Engineer. B. Cold weather concrete work shall conform to all requirements of ACI 306.1, except as modified by the requirements of these Contract Documents. CAST -IN -PLACE CONCRETE 0 2016 Stantec 1 193803351 03 30 00 - 5 C. Concrete shall not be placed against any frozen substrate, including subgrade soils and surfaces of formwork. D. Concrete shall not be placed around any embedment, including reinforcing steel that is at a temperature below freezing. E. The temperature of the concrete delivered at the Site shall conform to the following limitations: Air Temperature Above 30 degrees F 0 to 30 degrees F Below 0 degrees F Minimum Concrete Temperature < 12 Inches Thick 12 to 36 Inches Thick 60 degrees F 65 degrees F 70 degrees F 55 degrees F 60 degrees F 65 degrees F F. If water or aggregate is heated above 100 degrees F, the water shall be combined with the aggregate in the mixer before cement is added. Cement shall not be mixed with water or with mixtures of water and aggregate having a temperature greater than 100 degrees F. G. When the mean daily temperature is less than 40 degrees F, the temperature of the concrete shall be maintained between 50 and 70 degrees F for the required curing period. H. Arrangements for heating, covering, insulation, or housing the concrete work shall be made in advance of placement and shall be adequate to maintain the required temperature without injury due to concentration of cold or heat. Protection shall remain in place for a minimum of 3 days. Combustion heaters shall not be used during the first 24 hours, unless precautions are taken to prevent exposure of the concrete to exhaust gases. J. Once the cold weather concrete protection is removed, concrete curing must be continued for the remainder of the 10-day curing period. 3.08 HOT WEATHER PLACING A. Comply with ACI 305 when hot weather conditions exist. B. Maintain concrete temperature at time of placement below 90 degrees F. C. When the temperature of the steel is greater than 120 degrees F, steel forms and reinforcement shall be sprayed with water prior to placing concrete. D. Keep all surfaces protected from rapid drying. Provide windbreaks, shading, fog spraying, sprinkling, ponding, or wet covering in advance of placement. 3.09 CONSOLIDATION A. Consolidate all concrete in accordance with provisions of ACI 309. CAST -IN -PLACE CONCRETE © 2016 Stantec 1 193803351 03 30 00 - 6 B. Consolidate each layer of concrete immediately after placing by use of internal concrete vibrators. Maintain a frequency of not less than 8,000 vibrations per minute for each internal vibrator. C. Provide adequate number of units and power source at all times. Use a minimum of 2 vibrators for all Work and maintain spare units to ensure adequacy. D. Insert the vibrator so as to penetrate the lift immediately below the 1 being placed. Do not insert the vibrator into lower courses which have begun to set. Spacing between insertions of the vibrator shall generally be from 12 inches to 18 inches and shall not exceed twice the radius of action as shown in ACI 309 or 18 inches. F. Do not use vibrators to transport concrete inside the forms. G. Vibration shall be adequate and properly carried out to minimize entrapped air and surface voids on formed surfaces. 3.10 CONCRETE SLAB FINISHING A. Float Finish 1. Apply float finish to all slab surfaces. 2. After placing and screeding concrete slabs, do not work the surface until ready for floating. Begin floating when the surface water has disappeared and when the concrete has stiffened sufficiently to permit operation of a power -driven float. 3. Consolidate the surface with power -driven float or by handfloating if the area is small or inaccessible to power units. 4. Check and level the surface plane to a tolerance not exceeding 1 /4 inch in 10 feet when tested with a 10-foot straight -edge placed on the surface at not less than 2 different angles. 5. Immediately after leveling refloat the surfaces to a smooth, uniform, granular texture. B. Trowel Finish 1. Apply steel trowel finish to all interior floor slabs, topping, and stair treads. 2. Apply float finish to slabs as described above in Part 3.10.A. 3. After floating, begin the first trowel finish operation using a power -driven trowel. Begin final troweling when the surface produces a ringing sound as the trowel is moved over the surface. 4. Consolidate the concrete surface by the final hand troweling operation, free from trowel marks, uniform in texture and appearance, and with a surface plane tolerance not exceeding 1 /8 inch in 10 feet when tested with a 10-foot straight -edge. C. Broom Finish 1. Apply non -slip broom finish to all exterior sidewalks and aprons. 2. Apply float to slabs as described above in Part 3.10.A. 3. Immediately after floating, slightly roughen the concrete surface by brooming in the direction perpendicular to the main traffic route. Use a fiber -bristle broom. CAST -IN -PLACE CONCRETE © 2016 Stantec 1 193803351 03 30 00 - 7 3.1 1 FINISHING FORMED SURFACES A. Smooth Form Finish: Provide a smooth formed surface to all formed surfaces not exposed to view, unless otherwise noted in Paragraph B. Smooth formed finish shall consist of the following: 1. Construct formwork in accordance with Section 00 31 00. 2. Patch all tie holes and defects larger than 1 /8 inch in diameter and/or 1 /8 inch deep. 3. Remove all fins, seams and concrete "buttons" protruding more than 1 /16 inch. B. Special Form Finish: Provide a special form finish to all formed surfaces exposed to view: 1. Provide a smooth form finish in accordance with Paragraph 3.1 I.A. 2. Thoroughly clean concrete surface and remove all dirt, loose mortar particles, paint, films, protective coatings, efflorescence, and other foreign material. 3. Dampen surface with clean water just prior to application of finishing compound. 4. Mix 1-part bonding agent to 3-parts clean water for mixing liquid. 5. Mix concrete finish compound with mixing liquid as specified by the manufacturer. 6. Apply first coat to concrete with brush at 2 lbs. per square yard after the first coat has set. 7. Apply second coat to concrete with brush at 2 lbs. per square yard after the first coat has set. 8. When the second coat has set, float it to a uniform texture with a sponge float. 9. Prepare 3 test samples of various textures for approval by the Engineer. Each sample shall be approximately 6 feet by 6 feet in size and located on an unexposed wall surface as directed by the Engineer. 3.12 CURING A. Immediately after placement, all concrete shall be damp cured for a minimum of 7 days B. All slabs shall be covered with approved burlap -polyethylene film and kept in place throughout the curing period. C. Walls, beams, columns, and other formed surfaces shall be covered with burlap - polyethylene film or sprayed with an approved curing compound. D. All burlap -polyethylene film shall be adequately anchored at the edges to prevent moisture loss. E. Rewet all slab surfaces at least once a day during the curing period. 3.13 PATCHING A. Repair honeycomb and other defective areas, fill surface voids, and fill form tie holes and similar defects in accordance with ACI 301. B. Reinforce or replace deficient work as directed by the Engineer and at no additional cost to the Owner. CAST -IN -PLACE CONCRETE © 2016 Stantec 1 193803351 03 30 00 - 8 3.14 CLEAN UP AND DISPOSAL A. Upon completion and prior to any painting, all exposed or painted concrete surfaces shall be thoroughly cleaned of all concrete spatters, form oil, or other foreign material detrimental to appearance or painting. B. All excess concrete debris remaining after completion of placement and form removal shall be removed from the Site and disposed of in a proper and legal manner. END OF SECTION CAST -IN -PLACE CONCRETE © 2016 Stantec 1 193803351 03 30 00 - 9 This Page Left Blank Intentionally SECTION 05 50 00 METAL FABRICATIONS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish and install all metal fabrications including prefabricated access hatches. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All costs associated with the furnishing and installing of the Aluminum Hatch and Safety Grating for Sanitary Lift Station No. 1 shall be included in the Sanitary Lift Station No. 1 Improvements Lump Sum Base Bid Item. 2. All costs associated with the furnishing and installing of the Stainless Steel Plate for Sanitary Lift Station No. 1 shall be included in the Sanitary Lift Station No. 1 Improvements Lump Sum Base Bid Item. 3. All costs associated with the furnishing and installing of the Stainless Steel Guide Rails for the existing submersible pumps for Sanitary Lift Station No. 1 shall be included in the Sanitary Lift Station No. 1 Improvements Lump Sum Base Bid Item. 4. All costs associated with the furnishing and installing of the Aluminum Hatch and Safety Grating for Sanitary Lift Station No. 3 shall be included in the Sanitary Lift Station No. 3 Improvements Lump Sum Base Bid Item. 5. All costs associated with the furnishing and installing of the Aluminum Hatch and Safety Grating for Sanitary Lift Station No. 4 shall be included in the Sanitary Lift Station No. 4 Improvements Lump Sum Base Bid Item. 6. All costs associated with the furnishing and installing of the Dual Safety Grates for Sanitary Lift Station No. 5 shall be included in the Sanitary Lift Station No. 5 Improvements Lump Sum Base Bid Item. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Lift Station Improvement Lump Sum Base Bid. 1.03 REFERENCES A. Aluminum Association (AA) 1. Specification for Aluminum Structures. B. American Institute of Steel Construction (AISC) 1. Specification for the Design, Fabrication, and Erection of Structural Steel for Building, C. American Welding Society (AWS) 1. Structural Welding Code D1.1. 1.04 SUBMITTALS A. Submittals shall conform to Section 01 33 00, METAL FABRICATIONS © 2016 Stantec 1193803351 05 50 00 - 1 B. Product Data: Submit product data or manufacturer's specifications indicating compliance with requirements specified herein. C. Shop Drawings: Submit shop drawings indicating profiles, sizes, connection attachments, reinforcing, anchorage, size and type of fasteners and accessories. Indicate welded connections using standard AWS welding symbols. 1.05 PRODUCT HANDLING A. Store materials to permit easy access for inspection and identification. Materials shall all be properly marked to identify the structure for which it is intended. Markings shall correspond to markings indicated on the shop drawings. B. Keep steel members off the ground using pallets, platforms, or other supports. Protect steel members and packaged materials from corrosion and deterioration. PART 2 PRODUCTS 2.01 STEEL MATERIALS A. Structural Steel Wide Flange Shapes: ASTM A992, unless otherwise indicated on the Drawings. B. Structural Steel Channels, Angles, Plate, Bars, S- and M- Shapes: ASTM A36. C. Hollow Structural Sections: ASTM A500, Grade B. D. Steel Pipe: ASTM A53, Grade B, Schedule 40, unless otherwise indicated on the Drawings. E. Anchor Bolts, Nuts, and Washers: Where bolts are anchored into concrete ASTM A307, hot dipped galvanized. F. Bolts, Nuts, and Washers Connecting Steel to Steel: ASTM A325, 3/4 inch diameter, unless noted otherwise. Washers shall conform to ASTM F436. G. Welding Electrodes and Fluxes: Conform to AWS D1.1. H. Headed Stud -Type Shear Connectors: ASTM A108, Grade 1015 or 1020, cold -finish carbon steel with dimensions complying with AISC specifications. I. Shop Paint: Conform to Steel Structures Painting Council Paint Specification No. 13. 2.02 STAINLESS STEEL A. Shapes, Bars, and Rods: ASTM A276, Type 316 or 316L. B. Sheets, Strips, and Plates: ASTM Al 67, Type 316 or 316L. C. Type 316L stainless steel shall be used for welded construction. 2.03 ALUMINUM MATERIAL A. Aluminum Shapes: ASTM B308, Alloy 6061-T6. METAL FABRICATIONS © 2016 Stantec 1 193803351 05 50 00 - 2 B. Aluminum Sheet and Plates: ASTM B209, Alloy 6061-T6. C. Bolts, Nuts, and Washers: 300 Series stainless steel. D. Welding: Conform to AA -Specification for Aluminum Structures. 2.04 ANCHORS A. Expansion anchors for fastening to cast -in -place concrete shall be Hilti Type 316 Stainless Steel Kwik Bolts, or approved equal. Size as shown on Drawings. B. Sleeve anchors for fastening to cast -in -place concrete and solid grouted masonry shall be Hilti Sleeve Anchors, or approved equal. Size as shown on Drawings. C. Adhesive anchors for fastening to concrete shall be Hilti RE 500, or approved equal. Size as shown on Drawings. 2.05 FABRICATION A. Verify dimensions on Site prior to shop fabrication. B. Use only materials which are smooth and free of surface blemishes, including pitting, seam marks, roller marks, rolled grade names, and roughness. Remove blemishes by grinding, or by welding and grinding prior to cleaning, treating, and application of surface finishes. C. Shop fabricate and assemble in shop to greatest extent possible. Sections shall be full length pieces between connections or splices. D. Grind exposed welds smooth and flush with adjacent finished surfaces. E. Supply components required for proper anchorage of metal fabrications. Fabricate anchorage and related components of same material and finish as metal fabrication, unless otherwise specified in schedule herein. PART 3 EXECUTION 3.01 ERECTION A. Install items square and level, accurately fitting, and free from distortion or defects. Shim and grout as necessary. B. Make provision for erection stresses by temporary bracing. Keep work in alignment. C. Replace items damaged in course of installation. D. Perform field welding in accordance with AWS D1.1. E. A325 Bolts: Tighten bolts and provide washers in accordance with "Specifications for Structural Joints" for ASTM A325 bolts. F. Aluminum surfaces in contact with or embedded in concrete shall be coated with 2 coats of bituminous paint. METAL FABRICATIONS © 2016 Stantec 1 193803351 05 50 00 - 3 3.02 TOUCH-UP PAINTING AND CLEAN-UP A. After installation, clean and touch up field welds, bolt connections, and scratched and damaged prime painted surfaces. Use a primer consistent with shop coat. Repair damaged or scratched galvanized coatings. Solvent clean damaged area with a wash primer, 1 coat, 4-mil dry film thickness. Clean by hand tool, power tool, or brush off blast. Apply 3 coats of organic zinc paint with a minimum dry film thickness of 3 mils per coat. 3.03 SCHEDULE OF ITEMS A. Supply and install metals indicated on the Drawings and listed herein complete with anchorage and attachments necessary for installation. B. Access Hatches: 1. Approved Manufacturers: Flygt, Holiday, Bilco, U.S. Foundry & Manufacturing, or approved equal. 2. Contractor verify hatch clear opening size and location above existing hatch frame. Minimum opening size as shown on Drawings. 3. Door leaves of minimum 1/4-inch aluminum diamond pattern to withstand a live load of 300 pounds per square foot. 4. All access hatches shall be double leaf without permanent center support and surface mounted. 5. Angle frame of minimum 1/4-inch welded aluminum with anchor flange around the perimeter. 6. Each door leaf shall be equipped with heavy duty recessed hinges; locate hinges on side shown on Drawings, drop handle, and automatic hold open arm with release handle. Locate hold open arm release handle such that it can be easily operated without endangering personnel. 7. Each door leaf secured with snap lock with removable handle and padlock hasp welded to each leaf and frame, or locking stud through aluminum hatch to allow hatches to be locked with City padlock. 8. Aluminum surfaces mill finished with bituminous coating applied to the exterior of the frame exposed to concrete. 9. All mechanical fasteners and hardware of stainless steel. 10. Safety grates shall be installed at each hatch leaf opening for personnel safety at Lift Station No. 1, 3, 4, and 5. Grates shall be made of 6061-T6 aluminum and be designed to withstand a minimum load of 300 lbs. per square foot. The Grates shall operate independent of the hatch cover and can be integral to the hatch frame or retrofit into existing hatch opening. Note that pump guide rail upper supports must be in place and the grates must not interfere with supports and pulling of existing pumps. Grates shall be hinged with 316 stainless steel hardware and shall rotate upward to 90 degrees and lock into an upright position. Grates shall have a safety orange finish. Hinges shall be located on the same side as hatch hinges. C. Cover Plate 1. Provide stainless steel cover plate as shown on the Drawings. 2. Fabricate steel to sizes, shapes, and profiles shown. Unless otherwise indicated, fabricate steel shapes, plates, and steel bars of welded construction using mitered joints for field connection. Cut, drill, and tap units to receive hardware and similar items. METAL FABRICATIONS © 2016 Stantec 1 193803351 05 50 00 - 4 D. Stainless Steel Guide Bars 1. Dual (2) Schedule 40 stainless steel guide bars for each pump. 2. Reuse existing stainless steel upper guide bar holders bolted to the access hatch. 3. Lower guide bar holders will be an integral part of the existing discharge connection. 4. Existing Intermediate guide rail supports shall be reused. END OF SECTION METAL FABRICATIONS © 2016 Stantec 1 193803351 05 50 00 - 5 This Page Left Blank Intentionally SECTION 09 91 00 PAINTING PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Surface preparation, materials, and application of protective coatings specified herein to repaint the existing control panel. 2. Field applied coatings. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section to repaint the existing control panel shall be incidental to the Project and included in the Total Sanitary Lift Station No. 1 Improvement Lump Sum Base Bid. 1.03 REFERENCES A. American Society for Testing and Materials (ASTM): 1. D4541 "Test Method for Pull -Off Strength of Coatings Using Portable Adhesion Testers." 2. E-337 "Test Method for Measuring Humidity by Psychrometer." 3. D4414 "Standard Practice for Measurement of Wet Film Thickness by Notched Gauges." 4. Committee D01.23 "Test Method for Nondestructive Measurement of Dry Film Thickness of Applied Organic Coatings Using Ultrasonic Gauge." B. ICRI - International Concrete Repair Institute: 1. Technical Guideline No. 03372, Selecting and Specifying Concrete Surface Preparation for Sealers, Coatings and Polymer overlays. C. SSPC- The Society for Protective Coatings and NACE- The National Association of Corrosion Engineers - Surface Preparation Specifications. The current preparation standards are joint standards SSPC/NACE: 1. SSPC-SP13/NACE No. 6, Surface Preparation of Concrete. 2. NACE RP0188 "Discontinuity Holiday Testing of Protective Coatings." 1.04 SUBMITTALS REQUIRED A. Shop Drawings: Furnish shop drawings in accordance with Section 01 33 00. Include data sheets for each paint system required, as well as color charts. Submit shop drawings of the proposed stencil lettering, arrows, and words to be provided. B. Warranty: The Contractor and coating manufacturer shall warrant jointly and severally to the Owner and guarantee the Work under this Section against defective workmanship and materials for a period of 2 years commencing on the date of final acceptance of the Work. PAINTING © 2016 Stantec 1 193803351 0991 00-1 1.05 QUALITY ASSURANCE A. The paint products mentioned in the following Specification are set up as a standard of quality. The standard "or equal" clause shall apply. Requests for substitution shall include the name of the specified material for which a substitution is sought, the name of the proposed material, product data sheets, and certified lab testing for each of the criteria referenced below. Additional information may be requested by the Architect. No request for substitution shall be considered which would decrease film thickness or change the generic type of the coating specified. The decision of the Architect regarding approval or disapproval of the proposed substitution shall be final. 1. Performance Criteria to be referenced for each product shall include: a. Abrasion - ASTM D4060, CS-17 Wheel, 1,000-grams load. b. Adhesion - ASTM D4541. c. Hardness - ASTM D3363. d. Humidity - ASTM D2247 and D4585. e. Salt (Fog) Spray - ASTM B1 17. f. Corrosion Weathering - ASTM D5894. Experience: Contractor must have performed satisfactory installation of protective coatings systems in wastewater treatment facilities and shall have 5 years of practical experience in the application of specified products. Upon request, Contractor shall substantiate this requirement by furnishing a list of references and job completions. In lieu of experience, the Contractor shall provide a guaranty bond or cash deposit equivalent to 100 percent of the Painting Bid Price to guarantee performance. The Contractor shall submit documentation from the manufacturer that he has successfully completed training or obtained certification on the use of the product systems specified herein. C. A minimum of 30 days prior to the start of any painting, Contractor shall schedule a meeting held at the Site with the manufacturer's representative, painting contractor, General Contractor, the Owner, and the Architect. Items discussed will be application, surface preparation, environmental control, coordination, paint properties, safety, quality assurance measures, etc. D. Coating manufacturer shall provide a qualified representative to visit the Site as required for quality assurance and to determine compliance with manufacturer's instructions and this Specification. The Architect may require a manufacturer's representative to resolve field problems pertaining to products furnished under this Contract. E. Inspection by the Architect or the waiver of inspection of any particular portion of the Work shall not be construed to relieve the Contractor of his or her responsibility to perform the Work in accordance with these Specifications. Owner reserves the right to hire a third party inspector if deemed necessary. Inspector(s) shall have full access to all areas of Work. F. Contractor shall complete documentation of quality assurance for the Project. Documentation shall be available to Owner/Architect for periodic analysis throughout the Project and submitted to Owner/Architect as a complete package prior to construction completion. Among the minimum items that should be included as part of this quality assurance is: 1. Documentation that preparation procedures meet the standard specified for each system. 2. Documentation of mil thickness of each coat as it applies to this Specification. PAINTING 02016 Stantec 1 193803351 0991 00 - 2 Visually inspect and document coatings especially linings for un-cured resin, bubbles, pinholes, fisheyes, checking and foreign debris. Then mark and repair these areas. Test for holidays in immersion areas by use of a holiday detector system. Note: At contractors' option, he or she may elect to have this done by a third party inspector at the Contractors expense. 1.06 SURFACES REQUIRED TO BE PAINTED A. Existing steel control panel enclosure exterior. 1.07 COORDINATION AND SCHEDULING A. Painting shall be done at such times as agreed upon by the Contractor and Architect in order that neat, dust -free work is obtained. All painting shall be done strictly in accordance with the manufacturers' instructions and shall be performed in a manner satisfactory to the Architect. B. Contractor shall strictly adhere to the temperature, dew point, relative humidity, and any other requirements specified on the manufacturer's product data sheets. All heating units shall be indirect fired and explosion proofed. No open flame heaters may be used during application or curing of coatings. All combustion by-products shall be positively vented to the outside. C. Conform to the requirements of Division 01. D. Damage to painted surfaces incurred during construction shall be repainted by the Contractor at no cost to the Owner. E. Protection: Cover or otherwise protect finished work of other trades and surfaces not being painted concurrently or not to be painted. 1.08 PAINT DELIVERY AND STORAGE A. All materials shall be delivered to the Site in the original sealed and labeled containers and shall be subject to inspection by the Architect. All labels shall show the name of the manufacturer, general type of paint, batch date or number, color name or number, and trade name and number identifying each specific product. B. All materials used on the Project by the Contractor shall be stored in a single place provided by the Contractor or designated by the Architect. Such storage shall comply with OSHA Requirements and the recommendations of the National Fire Protection Association. Product data safety sheets shall be kept on Site at all times. C. Oily or solvent -soaked rags and all waste shall be removed every night and all necessary precautions shall be taken to reduce fire hazard to a minimum. PART 2 PRODUCTS 2.01 APPROVED MANUFACTURERS A. Paints, Coatings, Linings, Sealers, and Stains: 1. Tnemec (Standard of Quality). Note, that Series 20 or FC 20 may be substituted for Series N69 or N69F, but Series N69 or N69F shall not be substituted for Series 20 or FC 20. © 2016 Stantec 1 193803351 PAINTING 0991 00 - 3 2. Equivalent products by Sherwin Williams. 3. Bid other manufacturers as Substitute items. 2.02 COLORS A. All colored products shall be assumed to be tinted, unless stated otherwise. B. The Contractor shall submit color charts to the Architect and Owner and obtain an approved color schedule for all coatings prior to application. 2.03 MATERIALS A. The specified products are the standard of quality. B. All unspecified materials, such as shellac, turpentine, or linseed oil, shall be the "best grade" or "first line" product made by a reputable recognized manufacturer. C. All materials applied to the same surface shall be compatible. D. Materials shall be ready -mixed, except for tinting of under coats and possible thinning (if recommended by the manufacturer). PART 3 EXECUTION 3.01 GENERAL SURFACE PREPARATION A. All surfaces to be painted shall be prepared with the objective of obtaining the cleanliness and profile required for the specified coating system and intended service environment. No painting shall be done before the prepared surfaces are approved by the Architect. Approval by the Architect does not relieve the Contractor of responsibility to meet all requirements of Specifications, paint manufacturer requirements/recommendations, rework as required, etc. B. Remove, mask, or otherwise protect hardware, lighting fixtures, switch plates, aluminum surfaces, machined surfaces, couplings, shafts, bearings, nameplates on valves and machinery, and other surfaces not intended to be painted. Provide drop cloths to prevent paint materials from falling on or marring any adjacent surfaces. Protect working parts of all mechanical and electrical equipment from damage during surface preparation and painting process. All openings in motors shall be masked to prevent paint and all other materials from entering the motors. C. All exterior panel surfaces shall be scarified by brush blasting before field coat application. D. Perform preparation procedures for each substrate in strict accordance with paint manufacturers written instructions and as outlined in the following schedule. Refer to the subsequent discussions for specific preparation requirements: 1. S11: SSPC-SP1 1 Power Tool Cleaning to Bare Metal. a. Removal of all visible oil, grease, dirt, mill scale, rust, paint, oxide, corrosion products, and other foreign matter. Slight residues of rust and paint may be left in the lower portion of pits if the original surface is pitted. PAINTING © 2016 Stantec 1 193803351 0991 00 - 4 3.02 PRIMING A. Field Priming: Non-ferrous and Galvanized Metals. 1. Surface Preparation a. Brush blast and clean entire surface to be coated to roughen steel and remove contaminants. 2. Coating a. Tnemec 161 or equal from Sherwin-Williams. 3.0 to 5.0 mils dry film thickness. Color shall be Tnemec 1255 Beige or equivalent. 3.03 PAINT APPLICATION A. Apply each coat at the rate specified for application by the manufacturer. All dry film thickness requirements must be met per this specification regardless of brush roll or spray application. Brush and Roller applications may require additional coats to meet the minimum requirement for each coat in each system. B. Stripe coat each coat onto bolts, edges, irregularities, welds, corners, joints, etc. by brush, in addition to spray application. C. Curing time shall not be determined by average curing time under ideal laboratory conditions. Drying time shall be construed to mean "under normal conditions." Temperature, relative humidity, and other environmental factors must be observed. Where conditions are other than normal because of the weather or because painting must be done in confined spaces, longer curing and drying times will be necessary. Additional coats of material shall not be applied over previously applied coats until those coats are adequately cured and thoroughly dried. Units shall not be placed in service until coatings are properly cured and thoroughly dry. D. Where thinning is necessary, only the products of the manufacturer furnishing the paint for that particular purpose shall be accepted and all such thinning shall be done strictly in accordance with the manufacturers' instructions as well as with the full knowledge and approval of the Architect. E. Protection of Materials Not To Be Painted: Remove, mask, or otherwise protect hardware, lighting fixtures, switch plates, aluminum surfaces, machined surfaces, couplings, shafts, bearings, nameplates on machinery, etc. and other surfaces not intended to be painted. Provide drop cloths to prevent paint materials from falling on or marring any adjacent surfaces. Protect working parts of all mechanical and electrical 'equipment from damage during surface preparation and painting process. All openings in motors shall be masked to prevent paint and all other materials from entering the motors. F. Paint shall not be applied in extreme heat, temperatures below or above manufacturer's recommendation as listed on the product data sheet, nor in dust, smoke -laden atmosphere, and damp or humid weather. Apply paint in strict accordance with all product data sheet recommendations. G. Abrasive blast cleaning shall not be performed whenever the relative humidity exceeds 85 percent, nor whenever the surface temperature is less than 5 degrees F above the dew point of the ambient air. Coating manufacturer's recommendations to be strictly adhered to. PAINTING © 2016 Stantec 1 193803351 0991 00 - 5 H. Abrasive blast cleaning shall not be performed whenever the relative humidity exceeds 85 percent, nor whenever the surface temperature is less than 5 degrees F above the dew point of the ambient air. Coating manufacturer's recommendations are to be strictly adhered to. Blast cleaned surfaces shall be primed prior to any evidence of rust bloom. Finish coats shall be uniform in color and sheen without streaks, laps, runs, sags, pinholes, missed areas, etc. J. In the event heating devices are used, they shall be explosion -proof and of the type that do not exhaust moisture, sooty or oily residues or any other contaminants into the structure, tank, building, etc. Forced air electric heat or heat exchangers with all combustion products positively vented to the exterior is required. K. Yellowing or any other discoloration of paint will be unacceptable and will require repainting at no additional expense to Owner. Contractor shall be responsible to provide all ventilation, heating, etc. to provide proper curing for painting and to prevent discoloration. 3.04 COATING SCHEDULE A. The following surfaces shall receive the surface preparation described in Article 3.01 and the product mentioned below. Prime, intermediate, and finish coats shall be of noticeably different, but compatible colors. Note: For items in the following schedule where immersion service is indicated, it is meant that that the entire interior structure shall be coated from floor to top of the wall, not just the portion of the structure that is immersed. FM-3 Ferrous Metals - Exterior Exposure, including Exterior of all Outside Metal Doors and Frames. a. Surface Preparation: S11 as necessary based on condition of metal. b. Shop/Field Primer: Tnemec N69 or N69F at 3.0 to 5.0 mils DFT. c. Intermediate Coat: Tnemec N69 or N69F at 2.0 to 4.0 mils DFT. d. Finish Coat: Tnemec 73 polyurethane at 2.0 to 4.0 mils DFT. e. Total DFT: 7.0 to 13.0 mils. 3.05 DAMAGED COATINGS A. Damaged coatings and pinholes shall have the edges feathered and repaired in accordance with paint manufacturer's directions. B. All finish coats, including touch-up and damage -repair coats, shall be applied in a manner that will present an appearance of uniform color and texture. 3.06 UNSATISFACTORY APPLICATION A. If the item has an improper finish color or insufficient film thickness, the surface shall be cleaned and topcoated with the specified paint material to obtain the specified color and coverage. Specific surface preparation information shall be obtained from the paint manufacturer and the Architect. B. All visible areas of chipped, peeled, or abraded paint shall be hand or power sanded feathering the edges. The areas shall be primed and finish coated in accordance with the PAINTING © 2016 Stantec 1 193803351 0991 00 - 6 Specifications. Depending on the extent of repair and its appearance, a finish sanding and topcoat may be required by the Architect. C. Work shall be free of runs, bridges, shiners, laps, or other imperfections. Evidence of the conditions is grounds for rejection. D. Any defects in the coating system shall be repaired by the Contractor per written recommendations of the coating manufacturer. 3.07 CLEANUP A. All rags and waste that may be constituted a fire hazard shall be placed in closed metal containers or destroyed at the end of each day. Upon completion of the work all staging, scaffolding, and containers shall be removed from the Site or destroyed in a legal manner. Paint spots, oil, or stains upon adjacent surfaces and floors shall be completely removed and the entire Site left clean and acceptable to the Architect. END OF SECTION PAINTING © 2016 Stantec 1 193803351 0991 00 - 7 This Page Left Blank Intentionally SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways and other areas. Related Sections l . Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 02 41 13 - Selective Site Demolition. 3. Section 31 23 13 - Subgrade Preparation. 4. Section 32 92 00 - Turf and Grasses. 5. Section 32 93 00 - Plants. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various excavation materials, borrow materials, and salvage materials. Measurement and payment shall be at the Bid Unit Price consistent with MnDOT Spec. 2105.4 and 2105.5, except as modified in the following. 2. A Bid Item has been provided for Site Grading (LS). Lump sum payment includes Sod/topsoil stripping, Subgrade preparation, common excavation, placing, compacting, suitable material on Site and disposal of excess material off Site, and final shaping. 3. A Bid Item has been provided for Topsoil Borrow, MnDOT 3877.213 (LV). Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, blading, grading, shaping, and compacting of Topsoil Borrow shall be incidental to this Bid Item. The scarification of the top 3 inches of existing soil is also incidental to this Bid Item, and must be completed prior to installing topsoil borrow material. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 3877 - Topsoil Material. 4. 3890 - Compost. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Gradation tests for borrow materials. 2. Topsoil Borrow test indicating material content, organic content, and pH levels. EXCAVATION AND FILL © 2016 Stantec 1 193803351 31 23 00 - 1 B. Submit the following for the Iron -Enhanced Filter Media: 1. Name and location of the source and gradation results for the aggregate. 1.05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein. 1. Grading Grade: Bottom of the fully excavated design section as shown on the Drawings. 2. Common Excavation: Excavation above the grading grade that has not been classified as another form of excavation in this Section. 3. Subgrade Excavation: Excavation below the grading grade that has not been classified as another form of excavation in this Section. 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.07 SEQUENCING AND SCHEDULING A. Perform excavation as soon as possible after sewer and water construction. B. Complete Subgrade for streets, driveways, walks, and parking lots immediately after trench backfill and compaction. C. Complete finish grading of turf areas within 5 calendar days after backfill. PART 2 PRODUCTS 2.01 MATERIALS A. Select Granular Borrow (modified): Conform to the following gradation requirements: Sieve Size Percent Passing # 40 0 to 40 #200 0 to 5 B. Topsoil Material: Conform to MnDOT Spec 3877.2B: Loam Topsoil Borrow. PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein. 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 01 57 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02 41 13. 5. Strip topsoil consistent with Section 31 10 00. EXCAVATION AND FILL © 2016 Stantec 1 193803351 31 23 00 - 2 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3C, or as modified herein. 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3D, or as modified herein. l . Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 2. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 3. No solid rock will be allowed within 12 inches of the subgrade. 4. Provide and maintain temporary drainage facilities until permanent facilities are completed. 3.04 EXCAVATION OF FILTRATION TRENCH AREAS A. Excavate to the lines, elevation, grades, and dimensions shown on the Drawings, or as necessary to complete the work shown on the Drawings. Excavation beyond the lines and grades shown in the Drawings or as described herein without the specific direction of the Engineer will be considered unauthorized excavation and shall be remedied at the Contractor's expense by backfilling and compacting as specified for the appropriate situation described herein or as shown on the Drawings. B. Sub -cut all trenches as shown on the Drawings to allow for placement of filter material, topsoil, and pavement section. C. Excavate trenches with a backhoe to minimize compaction of the subgrade. D. Excavation equipment shall not be allowed to travel in the filtration areas once excavation has been completed. E. Rubber -tired construction equipment shall be strictly prohibited from working within excavated areas. As a general requirement, no construction equipment, including skid steer loaders, shall be allowed in the excavations. If this is not possible for some areas, only low ground pressure equipment shall be allowed to complete the work. F. Use only rubber -tired construction equipment when working from the pavement. G. Stability of Excavations: l . Slope sides of excavations to comply with applicable Laws and Regulations and to provide access for compaction equipment. 2. Provide shoring and bracing where required to comply with Laws and Regulations, or to protect adjacent surface or subsurface features, or to limit activity within construction limits. Contractor shall design shoring and bracing and provide all materials, including piling, uprights, stringers, and cross -bracing in good condition at no additional cost to Owner. 3. Remove all temporary shoring and bracing not specifically indicated in the Drawings or these Specifications to remain. EXCAVATION AND FILL © 2016 Stantec 1 193803351 31 23 00 - 3 H. Water Controls: 1. Provide all temporary water controls, including diversions as Contractor deems necessary, to prevent surface water from flowing into excavations. 2. Contractor shall dewater any of the work areas that become inundated with water from rainfall or ground water and this work shall be incidental. 3.05 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.31, or as modified herein. 1. Reclaim and milled materials may only be used as specified in the Drawings or as directed by the Engineer. 2. No disposition of bituminous will be permitted within the Project limits except as specified in the Drawings. 3.06 PLACING EMBANKMENT MATERIALS A. Conform to MnDOT Spec. 2105.3E. 3.07 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3F, or as modified herein. 1. Compaction required for embankment materials shall conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 2. Clayey or silty soil used as fill will need to be placed at a water content sufficient to attain compaction (near the "optimum water content" defined in ASTM D698). It is the Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition. Some on Site soils will be wet (or could be dry) and the Contractor shall not claim that this is a changed condition. 3. Backfilling of embankments shall be performed using on Site materials: If the Contractor is unable to meet the specified density requirements using that material due to excess moisture content, they shall immediately notify the Engineer of this condition. 4. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.08 FINISHING OPERATIONS A. Conform to MnDOT Spec. 2105.3H, or as modified herein. 1. Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Finish grading of subgrade prior to placement of a granular borrow shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. EXCAVATION AND FILL © 2016 Stantec 1 193803351 31 23 00 - 4 3. Finish grading of granular borrow prior to placement of an aggregate base shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 4. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. END OF SECTION EXCAVATION AND FILL © 2016 Stantec 1 193803351 31 23 00 - 5 This Page Left Blank Intentionally SECTION 31 23 13 SUBGRADE PREPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Grading, shaping, and compacting subgrade prior to placing a base or surface course. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related Work shall be considered incidental to the Project with no direct compensation made therefore. Subgrade preparation shall be completed in accordance with these Specifications, including shaping, grading, compacting, tolerancing, and test rolling. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 21 1 1 -Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the geotextile fabric, salvaged millings, sand subbase, aggregate backfill material, concrete curb and gutter, and bituminous pavement. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. PART 2 PRODUCTS Not Used. SUBGRADE PREPARATION © 2016 Stantec 1 193803351 31 23 13 - 1 PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross-section. 3.02 PREPARATION A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 21 1 1, or as modified herein. 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The road bed will be considered unstable if yielding and rutting is greater than 1-1 /2 inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3F, or as modified herein 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3.04 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3H, or as modified below. 1. Not vary by more than 0.05 feet above or below the prescribed elevation at any 1 point where a measurement is made. END OF SECTION SUBGRADE PREPARATION © 2016 Stantec 1 193803351 31 23 13 - 2 SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. B. Related Sections 1. Section 31 23 13 - Subgrade Preparation. 2. Section 32 13 14 - Concrete Walks, Medians and Driveways. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Aggregate Base, Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. a. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2211 - Aggregate Base. 2. 3138 - Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a test rolling test performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline). © 2016 Stantec 1 193803351 AGGREGATE BASE COURSES 3211 23-1 PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate, except as modified herein: l . For any failing aggregate tests, the Engineer, at his/her discretion, may require corrective action or may allow for monetary price adjustments per 2211.5. 2. Corrective action for failing aggregate tests may include removal and replacement of all non -conforming materials. 3. On -Site recycled materials shall not be used unless directed by the Engineer. PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 31 23 13. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3 1. Compaction shall be done by the Specified Density Method. Compact by mechanical means to 100-Percent Standard Proctor Density. 2. Compaction for aggregate base on driveways and sidewalks shall be done by the Quality Compaction Method. 3. Install aggregate base in accordance with details on Drawings. 4. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture/density relationships and gradation, and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. END OF SECTION AGGREGATE BASE COURSES © 2016 Stantec 1 193803351 3211 23 - 2 SECTION 32 13 14 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place concrete walkways. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 3. Section 32 11 23 - Aggregate Base Courses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Item for 4 Inch Concrete Walk has been included in the Bid Form. Measurement shall be on the basis of in -place square foot. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. b. Excavation for concrete sidewalk is considered incidental. c. Aggregate base beneath concrete sidewalk shall be measured and compensated per Section 32 11 23. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.). 1. 2211 -Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 - Walks. 4. 2531 - Concrete Curbing. 5. 3702 - Preformed Joint Filers. 6. 3753 -Type 1-D Membrane Curing Compound. 7. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound. 8. 3755 - Linseed Oil Membrane Curing Compound. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2016 Stantec 1 193803351 3213 14 - 1 1.04 SUBMITTALS A. Submit one 7-day and two 28-day concrete test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Construction of pedestrian curb ramps shall be completed following the placement of the bituminous walk or pathway. B. Construction of the concrete driveway apron shall begin no sooner than 24 hours after placement of the adjacent concrete curb and gutter with completion within 5 days of curb placement. C. Construct concrete medians no sooner than 72 hours after placement of the concrete curb and/or walks. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein. l . Portland Cement: Conform to MnDOT Spec. 3101. a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: Conform to MnDOT Spec. 3113. a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification a. Sidewalk, Pedestrian Ramps; and Driveways: Mix No. 3F52A. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754. 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. D. Sub -Grade Base Material 1. Select Granular Material: Conform to Section 31 23 00. 2. Aggregated Base: Conforming to Section 32 11 23. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2016 Stantec 1 193803351 32 13 14 - 2 PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Construct concrete walkway at the locations and elevations indicated on the Drawings. C. Construct walkways to conform to the typical section shown on the Drawings. D. Verify locations with Engineer in the field prior to construction. E. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. F. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. G. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 31 23 13. Compaction of subgrade base shall conform to MnDOT Spec. 221 1.3C. B. The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORMS A. Conform to MnDOT Spec. 2521.3C. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3D.2, except as modified herein. 1. Maximum spacing of expansion joints for walkways shall be 60 feet. 2. Match joints of adjacent concrete work. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3F, except as modified herein. 1. Install three No. 4 steel reinforcing rods in lower portion of the valley gutter section with minimum 2-inches coverage on all sides. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.3D and 2531.3D for slip form or 2531.31 for manual placement, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10-foot straight edge, will be considered unacceptable. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2016 Stantec 1 193803351 3213 14 - 3 2. Any surface area allowing the entrapment of water at a depth 1 /8 inch or greater will be considered unacceptable. 3. Unacceptable work shall be removed and replaced with acceptable Work as directed by the Engineer. Acceptance of Work by price reduction will not be allowed. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.3E and 2521.3E.1.a (Membrane Curing Method), except as modified herein. 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must contain a fugitive dye and be applied at 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing, when temperatures fall below 40 degrees F during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.3E.1.b curing blanket method, except as modified below: a. If temperatures are projected to fall below 32 degrees within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any concrete section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 BACKFILLING A. Conform to MnDOT Spec.2521.3G, except as modified herein. 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. END OF SECTION CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2016 Stantec 1 193803351 3213 14 - 4 SECTION 32 32 23 SEGMENTAL RETAINING WALLS PART 1 GENERAL 1.01 SECTION INCLUDES A. This work shall consist of furnishing and installing a Segmental Retaining Wall (SRW) System in accordance with the following Specifications and in close conformity with the lines, grades, design, and dimensions shown on the Drawings. The Engineer reserves the right to alter the alignment to improve constructability and aesthetics. 1.02 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Modular Block Retaining Wall. Measurement shall be on the basis of square feet of surface area constructed: 1. Buried courses shall be included in the area measurement. 2. Payment at the Bid Unit Price shall include: a. Masonry units. b. Aggregate base and backfill materials. c. Filter fabric. d. Geogrid reinforcement. e. All other labor and materials necessary to completely construct the wall in accordance with the Drawings and Specifications. B. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Engineering Design: 1. NCMA Design Manual for Segmental Retaining Walls, Second Edition-1997. 2. ASTM 6638-01 Determination of Connection Strength Between Geosynthetics and Segmental Concrete Units. 3. NCMA SRWU-2 Determination of Shear Strength Between Segmental Concrete Units. B. Segmental Retaining Wall Units: 1. ASTM C 140 -Sampling and Testing Concrete Masonry Units. 2. ASTM C 1262 -Standard Test Method for Evaluating the Freeze -Thaw Durability of Manufactured Concrete Masonry Units and Related Concrete Units. 3. ASTM C 1372 -Standard Specification for Segmental Masonry Retaining Wall Units. C. Soils: 1. ASTM 698 - Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort. 2. ASTM 448 - Standard Classification for Sizes of Aggregate for Road and Bridge Construction. 3. ASTM 422 - Particle Size Analysis. SEGMENTAL RETAINING WALLS © 2016 Stantec 1 193803351 32 32 23 - 1 1.04 SUBMITTALS A. Submittals shall conform to Section 01 33 00. B. Submit wall unit manufacturer's information, including wall unit sizes, shapes, materials, colors, patterns, etc. Include standard design information for proposed units, including allowable heights for various soil types, back slope conditions and surcharge conditions. Indicate which design sections are applicable for each location proposed. C. Material Submittals - Submit manufacturers' certifications, prior to the start of work, stating the SRW units, backfill, and the drainage aggregate meet the requirement of Part 2 - Products. Provide a list of successful projects with references showing that the installer for the segmental retaining wall is qualified and has a record of successful performance. D. Samples - Color of wall units and cap units shall be determined by the Owner prior to design. Submit standard color pallets and facing choices to the Engineer for final selection. Furnish 1 unit in the color and face pattern selected, if requested. Furnish one 12 inch square or larger piece of the geosynthetic reinforcement to be used on the Project, if requested. E. Submit Surface Sealer manufacturers' data. 1.05 WALL DESIGN CRITERIA A. Retaining walls shall be designed in accordance with recommendations of the NCMA Design Manual for 5epmentai Retaining Walls, Third Edition - 2014. The design provided by the Contractor shall consider the internal stability, including pullout, tensile overstress and internal sliding. The design shall also include external stability of the reinforced soil mass, including base sliding, overturning, and bearing. Analysis of the global stability or general mass movement of the SRW and adjacent soil mass, bearing capacity, and settlement estimates shall be determined by the Engineer employed by the Owner. 1.06 DELIVERY, STORAGE, AND PRODUCT HANDLING A. The Contractor shall inspect the material upon delivery to assure that the proper type and grade material has been received. B. The Contractor shall store and handle all materials in accordance with manufacturer's recommendations and in a manner to prevent deterioration or damage due to moisture, temperature changes, contaminants, corrosion, breaking, chipping, or other causes. 1.07 APPROVED SEGMENTAL RETAINING WALL SYSTEMS A. Suppliers of segmental retaining wall systems shall have demonstrated experience in the construction of similar size and types of segmental retaining walls on previous projects. Block used on the project shall meet the special compressive strength and durability requirements specified below in Part 2 - Products. Suppliers currently approved for this work are: 1. Anchor Block Wall Systems. 2. Keystone Retaining Wall Systems. 3. Rockwood Retaining Walls, Inc. 4. Versa-Lok Retaining Wall Systems. SEGMENTAL RETAINING WALLS © 2016 Stantec 1 193803351 32 32 23 - 2 5. Allan Block Retaining Wall Systems. 6. Oran approved equal. PART 2 PRODUCTS 2.01 CONCRETE SEGMENTAL RETAINING WALL UNITS A. Color and face pattern of wall units and cap units shall be determined by Owner prior to design. Example of color chosen as shown in Drawings. B. Retaining wall units shall be approximately 18 inches wide x 8 inches high with a straight face and split rock textured surface. C. Cap units shall be compatible with wall units and shall be sloped to shed water. 2.02 DRAINAGE PIPE A. The drainage collection pipe shall be perforated or slotted, PVC or corrugated HDPE pipe, The pipe may be covered with a geotextile sock that will function as a filter. B. Drainage pipe shall be manufactured in accordance with ASTM D3034 and/or ASTM D 1248. 2.03 DRAINAGE AGGREGATE A. Drainage aggregate shall be clean crushed stone or granular fill meeting the following gradation as determined in accordance with ASTM D422: Sieve Size Percent Passing 1 inch 100 3/4 inch 100-75 No. 4 60-0 No. 40 50-0 No. 200 5-0 2.04 REINFORCED BACKFILL A. Reinforced backfill shall be free of debris and consist of 1 off the following inorganic USCS soil types: GP, GW, SW, SP, SM meeting the following gradation as determined in accordance with ASTM D422: Sieve Size Percent Passing 2 inch 100-75 3/4 inch 100-75 No. 4 100-20 No. 40 60-0 No. 200 35-0 The plasticity of the fine fraction of the reinforced soil shall be less than 6. B. The maximum aggregate size shall be limited to 3/4 inch unless field tests have been performed to evaluate potential strength reductions to the geogrid design due to damage during construction. SEGMENTAL RETAINING WALLS © 2016 Stantec 1 193803351 32 32 23 - 3 C. Material can be site excavated soils where the above requirements can be met and whose soil properties meet the soil design properties. Unsuitable soils for backfill (high plastic clays or organic soils) shall not be used in the backfill or in the reinforced soil mass. D. Contractor shall submit reinforced fill sample and laboratory test results to the Architect/Engineer for approval prior to the use of any proposed reinforced fill material 2.05 LEVELING BASE A. Leveling base material shall consist of a compacted crushed stone base or non -reinforced concrete as shown on the Drawings: 1. Aggregate Base: Crushed stone or granular fill meeting the following tradition as determined in accordance with ASTM D448: Sieve Size Percent Passincl 1 inch 100 No.4 70-35 No.40 35-10 No. 200 10-3 Base thickness shall be 6 inches (minimum compacted thickness). B. Concrete Base: Nonreinforced lean concrete base: 1. Compressive Strength: 500 psi (maximum). 2. Base thickness shall be 6 inches. 2.06 SURFACE SEALER A. Approved surface sealers are: 1. TK Products 1 140 West 47'h Street Minnetonka, MN 55343 Product Name: TK-590-40 TK-290-12 TK-290 WB 20 2. ChemRex, Inc. 889 Valley Park Drive Shakopee, MN 55379 Product Name: Hydrozo Enviroseal 40 Hydrozo Enviroseal 20 3. Prosoco 3741 Greenway Circle Lawrence, KS 66046 Product Name: Sure Klean Weather Seal SL40 Sure Klean Weather Seal Siloxane WB 4. Other products approved by the Engineer. 2.07 ADHESIVE A. Adhesive for anchoring cap unit to the course below shall be Sta-Stuck SS400 construction adhesive, or equal. 2.08 GEOTEXTILE FABRIC A. Conform to the requirements of MnDOT Spec. 3733, Type 5 (non - woven). SEGMENTAL RETAINING WALLS 02016 Stantec 1 193803351 32 32 23 - 4 PART 3 EXECUTION 3.01 EXAMINATION A. Examine the areas and conditions under which the retaining wall system is to be erected and notify the Engineer in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected. B. Promptly notify the wall design Engineer of Project Site conditions which may affect wall performance, soil conditions observed other than those assumed, or other condition that may requires a reevaluation of the wall design. C. Verify the location of existing structures and utilities prior to excavation. 3.02 PREPARATION A. Ensure surrounding structures are protected from the effects of wall excavation. B. Excavation support, if required, is the responsibility of the Contractor, including the stability of the excavation and its influence on adjacent properties and structures. 3.03 EXCAVATION A. Contractor shall excavate to the lines and grades shown on the Construction Drawings. Owner's representative shall inspect the excavation and approve prior to placement of leveling material or fill soils. Proof roll foundation area as directed to determine if remedial work is required. B. All excavations shall be in accordance with OSHA regulations. C. Over -excavation and replacement of unsuitable foundation soils and replacement with approved compacted fill will be compensated as agreed upon with the Owner. 3.04 GEOTEXTILE FABRIC A. Fabric shall be installed as identified in the Drawings, prior to construction of the base leveling pad. 3.05 BASE LEVELING PAD A. Leveling pad material shall be placed to the lines and grades shown on the Construction Drawings, to a minimum thickness of 6 inches and extend laterally a minimum of 6 inches in front and behind the modular wall unit. B. Soil leveling pad materials shall be compacted to 98 percent of maximum density as determined by ASTM D698 - Standard Proctor density. C. Leveling pad shall be prepared to insure full contact to the base surface of the concrete units. SEGMENTAL RETAINING WALLS © 2016 Stantec 1 193803351 32 32 23 - 5 3.06 MODULAR UNIT INSTALLATION A. First course of units shall be placed on the leveling pad at the appropriate line and grade. Alignment and level shall be checked in all directions and insure that all units are in full contact with the base and properly seated. Place the front of units side -by -side. Do not leave gaps between adjacent units. Layout of corners and curves shall be in accordance with manufacturer's recommendations. C. Install shear/connecting devices per manufacturer's recommendations. D. Place and compact drainage fill within and behind wall units. Place and compact backfill soil behind drainage fill. Follow wall erection and drainage fill closely with structure backfill. E. Maximum stacked vertical height of wall units, prior to unit drainage fill and backfill placement and compaction, shall not exceed 2 courses. 3.07 BACKFILL PLACEMENT A. Backfill shall be placed, spread, and compacted in such a manner that minimizes installation damage. B. Backfill shall be placed and compacted in lifts not to exceed 6 inches where hand compaction is used or 8 inches where heavy compaction equipment is used. Lift thickness shall be decreased to achieve the required density as required. C. Backfill shall be compacted to 95 percent of maximum density as determined by ASTM D698 - Standard Proctor density. The moisture content of the backfill material prior to and during compaction shall be uniformly distributed throughout each layer and shall be dry of optimum, +/- 2 percent of optimum. D. Only lightweight hand -operated equipment shall be allowed within 3 feet from the back of the modular concrete unit. E. At the end of each day's operation, the Contractor shall slope the last lift of backfill away from the wall units to direct runoff away from wall face. The Contractor shall not allow surface runoff from adjacent areas to enter the wall construction site. 3.08 CAP INSTALLATION A. Cap units shall be glued to underlying units with an all-weather adhesive recommended by the manufacturer. B. Adjacent cap units shall have a gap of no greater than 1 /4 inch. 3.09 AS -BUILT CONSTRUCTION TOLERANCES A. Vertical Alignment: ± 1.5 inch over any 10 foot distance. B. Wall Batter: Within 2 degrees of design batter. SEGMENTAL RETAINING WALLS © 2016 Stantec 1 193803351 32 32 23 - 6 C. Horizontal Alignment: ± 1.5 inch over any 10 foot distance. Corners, bends, curves ± 1 foot to theoretical location. D. Maximum horizontal gap between erected units shall be 1 /2 inch. 3.10 PROTECTION AND CLEANING A. Adequately brace work to prevent damage of any kind. B. Protect installed material to prevent staining or damage from the elements. C. At a time near completion of work, clean all exposed surfaces to provide a uniform appearing job. D. Apply surface sealer at manufacturer's recommendations. 3.11 WALL SEALER A. All units shall have their surfaces sealed. B. Surface sealing shall consist of preparation, furnishing and applying the surface sealer to the top, exposed front face, and backside of the upper 3 courses. C. The Contractor shall comply with the manufacturer's written instruction for preparing, handling, and applying the surface sealer. D. The surface to be treated shall receive a light water -blast to the extent that the surface is clean and free of oils. E. Before the surface sealer is applied, the surface to be sealed shall be dry and free of all dust, debris, and frost. F. Surface sealer shall be applied at the heaviest application rate specified by the sealer manufacturer. END OF SECTION SEGMENTAL RETAINING WALLS © 2016 Stantec 1 193803351 32 32 23 - 7 This Page Left Blank Intentionally SECTION 32 92 00 TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, soil amendments, mulch, and erosion control. B. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Hydroseed With Mulch. Measurement will be based upon square yards. No additional payment shall be made for temporary seed, or additional applications to establish permanent seed. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2014 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00. B. Product Data: Provide nursery source and invoice for seed to be purchased for this Project. C. Qualifications 1. Nursery: Company specializing in growing and cultivating the specified native seed mixes with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in seeding the specified plants with a minimum of 3-years documented experience as represented by a list of completed past projects. D. Producer's Certificate of Compliance - Written document verifying compliance of mixture of seed furnished. Submit to the Engineer 5 days prior to delivery. Include percentage of various seed species mix, year of production, net weight, date of packaging, location of packaging, seed bags/tags (germination rate, weed seed content), and copy of seed dealer's invoice. TURF AND GRASSES © 2016 Stantec 1 193803351 32 92 00 - 1 E. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. F. Fertilizer manufacturer's certificate of compliance. Written document verifying compliance with fertilizer specified. 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for seed shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. 1. Seeding - At the conclusion of the establishment period, which will be 1 year following initial installation, a final inspection of planting will be made to determine the conditions of areas specified for seeding (for March and April Plantings the evaluation will be made the following May). All areas with insufficient plant establishment as determined by the Engineer will be noted. This material shall be re -supplied and planted in the next growing season at no additional cost to the Owner. Evaluation of plantings shall be done in accordance with Early Maintenance and Evaluation of Plantings, 2014 MnDOT Seeding Manual, and with MnDOT Spec. 2575.3. 1.06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. B. "Pick rocks" from topsoil which are larger than 1 inch in diameter. C. All topsoil shall be approved by the Engineer prior to installing erosion control compost blanket with blown seed. PART 2 PRODUCTS 2.01 TOPSOIL: Conform to Section 31 23 00, 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall be complete fertilizer containing 24-percent nitrogen, 12-percent phosphoric acid, and 24-percent potash. D. Provide packet, table, or pellet forms of slow release fertilizers, bearing the manufacturer's guaranteed statement of analysis. 2.03 SEED: Conform to MnDOT Spec. 3876 A. Residential Lawns: Conform to MnDOT Mixture 25-151 . 2.04 MULCH: Conform to MnDOT Spec. 3882. TURF AND GRASSES © 2016 Stantec 1 193803351 32 92 00 - 2 A. Type 1, clean grain straw only. Project specific, refer to MnDOT Spec. for options. B. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of the Engineer. 2.05 HYDRAULIC SOIL STABILIZER (HYDROMULCH): A. Conform to MnDOT Spec. 3884. B. Type 5, 100-percent wood fiber mulch. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect seed from contamination. B. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2574. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2574.3D. 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.). 2. The fertilizer used shall be a commercial grade slow release complete fertilizer. 3. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 TOPSOIL INSTALLATION A. Place topsoil subgrade. Final in place depth shall be as shown on the drawings. TURF AND GRASSES 0 2016 Stantec 1 193803351 32 92 00 - 3 B. Surface of topsoil shall be 1 inch below the final grade. C. Place topsoil so as not to compact underlying soils. Do not compact topsoil. 3.05 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Seeding Rates: Conform to the 2014 MnDOT Seeding Manual: 1. For 25-151 seed mix, apply seed at a rate of 120 lbs. per acre. Seeding Dates: Conform to Table 2 in the 2014 MnDOT Seeding Manual and MnDOT Spec. 2575: 1. Spring: April 1 - June 1 2. Fall: July 20 -September 20 3. Deviations in planting schedule will be at the approval of the Engineer. C. Hydromulch: Apply hydromulch in conformance with MnDOT Spec. 2575.3H. 1. Raking or harrowing of soil/seed and slope (cat) tracking shall be done before installation of hydromulch. 2. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 3. Application Rate for Slopes Steeper Than 1:4: 2,800 Ibs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 Ibs per acre. 3.06 TURF ESTABLISHMENT A. Water seeded areas as necessary during the establishment period to provide establishment of turf over 90 percent per each square foot of seeded areas. 3.07 MAINTENANCE A. Maintain restored areas in accordance with MnDOT Spec. 2575.3K and in accordance with the 2014 MnDOT Seeding Manual. Contractor is responsible for all maintenance activities as required to ensure proper seed growth, including but not limited to weed control, watering, and mowing. B. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. C. Any seed that does not show definite growth and establishment by the end of the establishment period shall be replaced and established at the proper season by the Contractor at his/her expense. D. Seed maintenance shall be done in conformance with the 2014 MnDOT Seeding Manual - Maintenance Requirements for year 1. E. Watering of seeded areas shall be done throughout the establishment period to ensure establishment of permanent vegetation. The Contractor will work together with the Owner to create a watering schedule to help ensure proper watering of the seeding areas. The watering must be approved prior to occurring by the Owner, and water tickets for seeded areas only must be submitted to the Engineer on a weekly basis. TURF AND GRASSES © 2016 Stantec 1 193803351 32 92 00 - 4 3.08 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of plantings) will be made to determine the conditions of areas specified for landscaping. 1. All permanent seed species within the applied mix shall be uniformly established over the seeded area. 2. The acceptance of the seed establishment shall be at the Engineer's discretion. C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re -inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. END OF SECTION TURF AND GRASSES 0 2016 Stantec 1 193803351 32 92 00 - 5 This Page Left Blank Intentionally SECTION 32 93 00 PLANTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish plants and planting soil required, bed preparation, plant pits, pruning, planting, supplements, backfill, wrapping, staking, protection, watering, mulching, fertilizing, and maintenance. B. Related Sections 1. Section 32 92 00 - Turf and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . A Bid Item has been provided for Landscape Shrub. Measurement will be each. Payment will be considered compensation in full for furnishing, planting, addition of any required soil amendments, fertilizer as needed, and 3 year maintenance of all shrub plantings as shown in the Drawings. The Landscape Shrub shall be Minuet Weigela (Weigela florida 'Minuet') species in a #5 Container. 2. A Bid Item has been provided for Landscape Edging. Measurement will be per lineal foot installed. 3. A Bid Item has been provided for Landscaping Mulch, which will be Double Shredded Hardwood Mulch. Measurement will be per cubic yard of finished in place volume. Payment will be considered compensation in full for furnishing, installing Landscape Fabric underneath mulch in landscape area and Mulch, any maintenance required until installed and approved by Engineer. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.). B. American National Standards Institute (ANSI) 1. ANSI Z60.1 - American Standard for Nursery Stock. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Product Data: Provide all nursery stock submittal materials in accordance with MnDOT Spec. 2571.2A2. 2. Fertilizer Manufacturer's Certificate of Compliance: Written documentation verifying compliance with chemical analysis of fertilizer furnished. Submit to Engineer 5 days prior to bulk delivery. PLANTS © 2015 Stantec 1 193803351 32 93 00 - 1 3. Installer: Provide documented experience of projects completed within the last 3 years. 1.05 REGULATORY REQUIREMENTS A. Comply with regulatory agency requirements for fertilizer and herbicide compositions. 1.06 SITE CONDITIONS A. When excavation is required for planting, locate and protect all adjacent underground utilities. B. Protect established turf areas during planting operations. 1.07 SEQUENCING AND SCHEDULING A. Planting Seasons 1. Spring: April to June 1. 2. Fall: August 20 to October 1. 3. No Work shall be done when the ground is frozen, snow covered, too wet, or in an otherwise unsuitable condition for planting. 4. Special conditions may exist that warrants a variance in the specified planting dates or conditions. Submit a written request to the Engineer stating the special conditions and proposal variance. 1.08 QUALITY ASSURANCE A. Qualifications 1. Nursery: Company specializing in growing and cultivating the specified plants with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in installing and planting the specified plants with a minimum of 3-years documented experience as represented by a list of completed pUsl piujeuls. B. General: Ship landscape materials with certificates of inspection required by governing authorities. Comply with regulations applicable to landscape materials. C. Do not make substitutions. If specified landscape material is not obtainable, submit proof of non -availability to the Engineer, together with proposal for use of equivalent material. D. Analysis and Standards: Package standard products with manufacturer's certified analysis. For other materials, provide analysis by a recognized laboratory made in uccordance with methods established by the Association of Official Agriculture Chemists, whenever applicable. Trees, Shrubs, and Perennials: Provide trees, shrubs, and perennials of quantity, size, genus, species, and variety shown and scheduled for landscape work and complying with recommendations and requirements of ANSI Z60.1 "American Standard for Nursery Stock." Provide healthy, vigorous stock, gown in recognized nursery in accordance with good horticultural practice and free of disease, insects, eggs, larvae, and defects, such as knots, hail damage, sun -scald, injuries, abrasions, or disfigurement. PLANTS © 2015 Stantec 1 193803351 32 93 00 - 2 F. Plant Names and Labels: The nomenclature used in the Drawings and Specifications conforms with few exceptions, to that of the current edition of Standardized Plant Names as adopted by the American Joint Committee on Horticulture Nomenclature. G. Workers: Landscaping work shall be performed by personnel familiar with planting procedures, and Work shall be Engineered our under the direction of a qualified planting supervisor. H. Inspection: The Engineer will inspect shrubs and perennials at place of growth before planting, for compliance with requirements for genus, species, variety, size, and quality. Engineer retains the right to further inspect shrubs and perennials for size and condition of balls and root systems, insects, injuries and latent defects, and to reject unsatisfactory or defective material at any time during progress of Work. Remove rejected trees and perennials within 8 hours from the Site. All plant material shall be hardy stock grown in a similar hardiness zone for a minimum of 2 years. J. Fertilizer Manufacturer's Certificate of Compliance: Written documentation verifying compliance with chemical analysis of fertilizer furnished. Submit to Engineer 5 days prior to delivery. Most Deciduous Trees and Shrubs: Transplant in early spring after ground thaws and buds on trees or shrubs begin to swell, or in fall after leaves drop and before ground freezes. Evergreens: Transplant in late summer to early fall (prone to winter browning if transplanting is delayed to late fall). 1.09 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall be 3 years, and shall begin upon written approval of Work. PART 2 PRODUCTS 2.01 MATERIALS A. Lawn Edging 1. 5" black polyethylene. B. Mulch 1. Conform to MnDOT Spec. 3882. 2. Use double shredded hardwood bark mulch, undyed. Contractor must verify that mulch is from a non -termite infested source. C. Fertilizer 1. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. 2. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. 3. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP). D. Compost: Conform to MnDOT Spec. 3890.2B. Landscape Shrub: Conform ANSI Z60.1, Minuet Weigela (Weigela florida 'Minuet') species in a #5 Container. PLANTS © 2015 Stantec 1 193803351 32 93 00 - 3 1. Pruned and shaped prior to digging and balling. 2. Remove all dead, rubbing, damaged, or diseased branches. 3. Root ball minimum diameters and depths shall conform to ANSI Z60.1 . F. Landscape Fabric 1. "No Weed" type Landscape Fabric to be placed in shrub planting area continuously between retaining wall and edge trimming. 2.02 ACCESSORIES A. Stakes: Softwood, pointed end, free of defects, or rolled steel posts. B. Soil Amendments: Porous ceramics and hydrophilic absorbing polymers used to modify the physical characteristics of poor soils by balancing or managing water and oxygen in the soil will be reviewed for approval based on the information provided by the product label and the manufacturer's recommendations. C. Water: Non -deleterious to plants or animals. D. Rodent Protection: Conform to MnDOT Spec. 2571.2C4, PART 3 EXECUTION 3.01 DELIVERY AND STORAGE A. Delivery 1. Notify Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Protect plants during delivery to prevent damage to root balls or desiccation of leaves. Protect trees during transport by tying in the branches and covering all exposed branches. 3. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 2. Store plants not installed on the day of arrival at the Site as follows: a. Protect plants from the wind when stored outside. b. Heel in bare root plants. c. Protect plants stored on the Project from drying out at all times by covering the balls or roots with moist sawdust, wood chips, shredded bark, peat moss, or other similar mulching material. d. Keep plants, including those in containers, in a moist condition until planted, by watering with fine mist spray. PLANTS © 2015 Stantec 1 193803351 32 93 00 - 4 3.02 PLANT INSTALLATION A. Layout 1. Layout areas for multiple plantings. Minuet Weigela (Weigela florida `Minuet') species suggested spacing is 3-feet OC. 2. Stake locations and outline areas. Center holes at staked locations. 3. Verify the location of any underground utilities and adjust locations as necessary 4. Do not start planting work until layout is approved by the Engineer. 5. Make minor adjustments as required. Preparing Plant Holes 1. Do not begin Work on plant holes until after finish grading has been completed. 2. Dig plant pits so that they have vertical sides and flat bottoms. When pits are dug with an auger and the sides of the pits become glazed, scarify the glazed surface. Size the plant pits as shown on Drawings, otherwise, the minimum allowable dimensions of plant pits shall be as follows: a. Pit depths shall be 150 mm (6 inches) deeper for shrubs and 225 mm (9 inches) deeper for trees than the depth of ball or root spread; for ball or root spread up to 600 mm (2 feet). b. Pit diameters shall be twice the ball or root spread; for ball or root spread from 600 to 1,200 mm (2 to 4 feet), pit diameters shall be 600 mm (2 feet) greater. c. For ball or root spread over 1,200 mm (4 feet), pit diameters shall be 1-1 /2 times the ball or root spread. 3. Where existing soil is to be used in place, till new ground cover and plant beds to a depth of 100 mm (4 inches). Spread peat uniformly over the bed to depth of 50 mm (2 inches) and thoroughly incorporate it into the existing soil to a depth of 100 mm (4 inches) using a roto-tiller or similar type of equipment to obtain a uniform and well pulverized soil mix. During tillage operations, remove all sticks, stones, roots, and other objectionable materials. Bring plant beds to a smooth and even surface conforming to established grades. 4. In areas of new grading where existing soil is being replaced for the construction of new ground cover and plant beds, remove 100 mm (4 inches) of existing soil and replace with topsoil. Plant beds shall be brought to a smooth and even surface conforming to established grades. Till 50 mm (2 inches) of peat into the topsoil as specified. 5. Using topsoil form earth saucers or water basins for watering around plants. 6. Treat plant saucers, shrub, and ground cover bed areas, prior to mulching, with an approved pre -emergent herbicide. Plant ground cover in areas to receive erosion control material through the material after material is in place. 7. Remove foreign materials and undesirable plants and their roots. Do not bury foreign material beneath areas to be landscaped or restored. Remove contaminated subsoil. 8. Rototill or aerate any planting soil compacted by operations. C. Pruning: Prune immediately prior to planting to remove stock damaged during transport and movement. D. Setting Plants 1. Field Grown and Container Grown Stock a. Handle balled and bur lapped, and container -grown plants only by the ball or container. Remove container -grown plants in such a way to prevent damage to plants or root system. PLANTS 0 2015 Stantec 1 193803351 32 93 00 - 5 b. Set plants plumb and hold in position until sufficient soil has been firmly placed around the roots or ball. Set plants in relation to surrounding grade so that they are even with the depth at which they were grown in the nursery, collecting field, or container. c. Plant perennial and ground cover plants after the mulch is in place. Avoid contaminating the mulch with the planting soil. d. For balled and bur lapped plants, carefully remove excess burlap and tying materials and fold back. Where plastic wrap or treated burlap is used in lieu of burlap, completely remove these materials before backfilling. e. Remove excess soil from the top of B&B and container grown trees to a point at the root flair. Finish grade should not be higher than the root flair. f. Backfill plants with planting soil mixture as specified to approximately half the depth of the ball and then tamp and water. Tamp and water remainder of backfill Planting Soil Mixture; then form earth saucers or water basins around isolated plants with topsoil. 2. Bare -Root Stock a. Soak roots overnight before planting. Protect roots from drying during installation. b. Set plants plumb arranging the roots in a natural position without tangling or turning up to surface. c. Remove damaged roots with a clean cut. Paint cuts larger than 13 mm (1 /2 inch) in diameter with tree wound dressing. d. Carefully work Planting Soil Mixture in among the roots. Tamp and water the remainder of Planting Soil Mixture; then form earth saucers or water basins around isolated plants with topsoil. E. Remove surplus subsoil and topsoil from Site. 3.03 WATERING A. Water each plant within 2 hours of planting. B. Water to thoroughly saturate all planting soil. C. Bring planting soil to specified level within 5 days of initial watering and saturate additional soil. D. Water all plants thoroughly as soil moisture is depleted (at least once per week during periods of average rainfall) until the Work is accepted. 3.04 MULCHING A. Place mulch material as described on details within 48 hours of the second watering, unless otherwise approved by Engineer. Dish top of backfill to allow for mulching. B. Mulch: Provide 3 inch thickness of mulch in planting area and work into top of backfill and finish to maintain dish or level with adjacent finish grades as shown in the Drawings. 3.05 PROTECTION A. General 1. Protect landscape work and materials from damage due to landscape operations, operation by other contractors, trades, and trespassers. 2. Maintain protection during installation and maintenance periods. PLANTS 0 2015 Stantec 1 193803351 32 93 00 - b 3.06 EDGING PLANT BEDS A. Uniformly edge plant beds to provide a clear cut division line between the planted area and the adjacent lawn. B. Install edging materials per the manufacturer's recommendations and as indicated in the Drawings. Set top of edging flush with or up to 1 inch above finished grade. Set top of stake 1 /2 inch below top of edging. 3.07 CLEANUP AND RESTORATION A. During landscape work keep pavements clean and work area in an orderly condition. B. Treat, restore, or replace in kind turf, sod, plantings, or other facilities damaged by Contractor's operations. C. Remove all excess excavated soils from plant holes from the Site. D. Collect and dispose of all excess materials, packaging, and containers. 3.08 MAINTENANCE A. During the Plant Establishment Period the Contractor shall: 1. Water all plants to maintain an adequate supply of moisture within the root zone. An adequate supply of moisture is the equivalent of 25 mm (1 inch) of absorbed water per week either through natural rainfall or augmented by periodic watering. Apply water at a moderate rate so as not to displace the mulch or flood the plants. 2. Prune plants and replace mulch as required. 3. Replace and restore stakes, guy wires, and eroded plant saucers as required. 4. In plant beds and saucers, remove grass, weeds, and other undesired vegetation, including the root growth, before they reach a height of 75 mm (3 inches). 5. Spray with approved insecticides and fungicides to control pests and ensure plant survival in a healthy growing condition, as directed by the Engineer. 6. Remove plants that die during this period and replace each plant with 1 of the same size and species. 7. The Contractor is not responsible for theft or damage to plants by non -contractor vehicles or vandalism once plants are installed and approved. 3.09 INSPECTION, ACCEPTANCE, AND WARRANTY A. Landscape work will be inspected for acceptance upon completion of all Work. Engineer shall inspect work, and provide written acceptance of work. The establishment period and warranty will begin upon written acceptance. C. All plants will have a 3-year establishment and warranty period. D. At the conclusion of the establishment and warranty period, a final inspection of planting will be made to determine the conditions of Work. When Work does not comply with Specifications, Contractor shall replace rejected work. Replacement plants will include a second establishment period. Remove rejected plants and materials from the Site. END OF SECTION PLANTS 0 2015 Stantec 1 193803351 32 93 00 - 7 This Page Left Blank Intentionally SECTION 33 05 17 ADJUST MISCELLANEOUS STRUCTURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Adjustment of utility structures. B. Related Sections 1. Section 33 31 00 - Sanitary Utility Sewer Piping. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various adjustments. Payment at the Bid Unit Price for all items is considered compensation in full for all materials and Work required to furnish and install the Bid Item in place. 2. Per each sanitary sewer manhole, regardless of the number of rings removed or installed, as shown on the Drawings and Bid Form, or as directed by the Engineer. Payment includes excavation, removal, replacement of existing frame and rings, compaction, adjustment, and bituminous replacement around frame. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A48 - Specification for Gray Iron Casting. 2. A240 - Specification for Heat - Resisting Chromium - Nickel Stainless Steel Plate Sheet and Strip for Pressure Vessels. 3. C6 - Specification for Normal Finishing Hydrating Lime (Mortar). 4. C141 - Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 5. C150 - Specification for Portland Cement (Concrete Rings/Mortar). 6. C923 - Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. 7. D 1248 - Polyethylene Plastics Molding and Extrusion Materials. 8. F593 - Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. 9. F594 - Specification for Stainless Steel Nuts. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.). 1. 2506 - Manholes and Catch Basins. 2. 3733 - Geotextiles. 1.04 DEFINITIONS A. Remove and Install Adjustment Rings/Casting: The process of removing the existing concrete adjustment rings from an existing structure and placing new HDPE rings on ADJUST MISCELLANEOUS STRUCTURES © 2016 Stantec 1 193803351 3305 17 - 1 manholes and catch basins. Removal of existing frame and casting and placing a new frame and casting with a solid lid. 1.05 SEQUENCING AND SCHEDULING A. Contractor, Engineer, and Owner shall inspect all existing structures prior to beginning construction. , B. Owner will remove any foreign material found in the existing structures prior to construction. Contractor is responsible for removing any foreign material that enters the structures during construction. PART 2 PRODUCTS 2.01 ADJUSTING RING A. High -Density Polyethylene (HDPE) 1. Molded high -density polyethylene conforming to ASTM D1248. 2.02 ADHESION MATERIALS A. Ram-Nek material, or approved equal. Mortar 1. Standard Portland Cement: Type I, ASTM C150. 2. Normal Finishing Hydrated Lime: ASTM C6. 3. Hydraulic Hydrated Lime for Structural Purposes: ASTM C141. 4. Mix Proportions: 1-part cement to 3-parts mortar sand; lime may be added to mixture: maximum amount 15 percent by volume. C. Sealant (For HDPE Rings) 1. DOW 999 - A building caulking and glazing sealant, or approved equal. 2. Oper1 cell polyuieIhane foarn sealant with adhesive backing. 2.03 CASTINGS A. Manhole, Catch Basin Frames, and Covers l . Requirement: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. 3. Finish Preparation: Sandblast. 4. Machine cover and frame contact surface for non -rocking protection. 5. Type and Style: Per details on Drawings. 2.04 GEOTEXTILE A. Woven filter fabric, 4-1/2 ounces for use in conjunction with HPDE rings. PART 3 EXECUTION 3.01 GENERAL A. The necessary vertical alignment will be determined by the Engineer and generally as indicated on the schedule of adjustments. ADJUST MISCELLANEOUS STRUCTURES © 2016 Stantec 1 193803351 3305 17 - 2 B. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. C. The frame shall be raised or lowered to match the street or gutter. D. Protect existing structures from damage. E. Prevent sand, concrete, or any other debris from entering the structures. 3.02 PREPARATION A. Call utility owners to field mark their utility locations. B. Contractor to verify exact location of existing utilities. 3.03 ADJUST FRAME AND RING CASTING A. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first adjusting ring. B. HDPE Adjusting Ring 1. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first ring. 2. Install adhesive for odiustina rings cis ner the fnIInwinn- Location of Sealant Type of Sealant Between casting and last ring: 3/4 inch by 3/4 inch open cell polyurethane foam sealant and 1/2-inch bead of DOW 999 Between intermediate rings: 1/2-inch bead of DOW 999 Between cone/top slab and first ring: 3/4 inch by 3/4 inch open cell polyurethane foam sealant and 1/2-inch bead of DOW 999 3. Sealant to be placed around entire circumference of each unit with no gaps. 4. Utilize the flat and sloping units to match the required grade and slope of the area at the location of the structure. 5. Minimum of 2, maximum of 5 rings allowed. 6. Wrap entire casting and ring system with geotextile. For structures with cone section, geotextile wrap to extend over a minimum length of 18 inches of the cone. 3.04 REMOVE EXISTING AND PLACE NEW MANHOLE AND CATCH BASIN FRAME A. Remove and dispose of frame and casting as indicated on the Drawings. B. Place new adjustment rings conforming to Section 3.03 - Adjust Frame and Ring Casting. C. Install new frame and casting. D. Patch road to match existing pavement section. E. Dispose of removed material off Site. ADJUST MISCELLANEOUS STRUCTURES © 2016 Stantec 1 193803351 3305 17 - 3 3.05 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 3/8 inch below the rim of the adjustment structure will require removal and replacement -of the bituminous surfacing at the Contractor's expense. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Adjust Manholes and Catch Basin Frames 1 /8 inch below grade prior to placing the final wear course. Thorough tamping of the material around manhole and catch basin frames is required. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. In such cases the crown or gutter shall be either lowered or raised, as the case may be, to put the street and frame at the same grade. D. Adjust frame upward with standard HDPE adjustment rings of the some size as the cone or slab opening. Place each adjustment ring and frame in a full mortar bed. Adjusting rings needed to raise the casting to grade shall be incidental to the adjustment pay item. E. Adjust frame downward by removing the necessary number of adjustment rings from the structure and resetting the frame in a full mortar bed to grade. F. Regardless of the direction of adjustment, no shims of any material will be allowed. The minimum thickness of all mortar joints shall be at least 1 /4 inch with a maximum allowable thickness of 1 /2 inch. All excess mortar from the joint shall be wiped clean from the inside of all rings and frame. All manhole castings must be replaced prior to the placing of the final wear course. END OF SECTION ADJUST MISCELLANEOUS STRUCTURES © 2016 Stantec 1 193803351 3305 17 - 4 SECTION 33 31 00 SANITARY UTILITY SEWER PIPING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer vent pipe, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 02 41 13 - Selective Site Demolition. 2. Section 31 23 13 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section to install the new wet well vent piping shall be incidental to the Project and included in the Total Lift Station No. 1 Improvement Lump Sum Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. C578 - Specification for Rigid, Cellular Polystyrene Thermal Insulation. 2. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 3. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 4. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 5. D3262 - Specification for Fiberglass (Glass -Fiber -Reinforced Thermosetting -Resin) Sewer Pipe. 6. D4161 - Specification for Fiberglass (Glass -Fiber -Reinforced Thermosetting -Resin) Pipe Joints Using Flexible Elastomeric Seals. 7. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 8. F679 - Specification for Poly (Vinyl Chloride) (PVC) Large -Diameter Plastic Gravity Sewer Pipe and Fittings. 9. F794 - Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based On Controlled Inside Diameter. 10. F894 - Specification for Polyethylene (PE) Large Diameter Profile Wall Sewer and Drain Pipe. American Water Works Association (AWWA) l . C105 - American National Standard for Polyethylene Encasement for Ductile -Iron Pipe Systems. 2. C1 1 1 - American National Standard for Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 3. C1 16 - American National Standard for Protective Fusion -Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings for Water Supply Service. SANITARY UTILITY SEWER PIPING © 2016 Stantec 1 193803351 3331 00 - 1 C151 - American National Standard for Ductile -Iron Pipe, Centrifugally Cast, for Water. C153 -American National Standard for Ductile -Iron Compact Fittings for Water Service. C900 - Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 Inches Through 12 Inches, For Water Distribution. C905 - Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 Inches Through 48 Inches, For Water Transmission and Distribution. 1.04 SUBMITTALS A. Submit Product Data for the following items consistent with Section 01 33 00: 1. Pipe and fittings. 1.05 SEQUENCING AND SCHEDULING A. Do not pursue Work causing shut off of utility services (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut-off schedule. B. Verify vertical and horizontal location of sanitary sewers sufficiently in advance of installing new pipe to determine the extent of conflict, if any. C. Successfully complete required inspections and testing before restoration of surface. PART 2 PRODUCTS 2.01 SOLID WALL PVC VENT PIPE A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings (4 Inches Through 15 Inches Diameter) 1. Schedule 80. 2. Fittings shall be same grade and class as pipe. PART 3 EXECUTION 3.01 PREPARATION A. Excavation and Preparation of Trench: Conform to Section 31 23 00. B. Erosion control and dewatering in conformance with Section 01 57 13. 3.02 PIPE INSTALLATION A. Trench Excavation and Backfill: Conform to Section 31 23 00. Install pipe to the alignment, grade, and location as shown on the Drawings and/or staked in the field. No deviation from the Drawings and/or staked alignment, grade, or location is allowed. Tolerances measured along pipe centerlines or invert as follows: 1. Horizontal: Within 0.50 feet of alignment shown. 2. Vertical: Zero plus and 0.08 feet minus elevation shown with no intermediate high points, level sections, or reverse invert slope. 3. Joint Deflection: No more than 75 percent of the maximum allowable, as recommended by manufacturers of pipe and joint material. SANITARY UTILITY SEWER PIPING © 2016 Stantec 1 193803351 3331 00-2 C. Maintain reference line and grade with laser equipment or other equipment approved by the Engineer. Periodically check equipment for adjustment and accuracy. Correct deficiencies in equipment, reference line, and reference grade. Take precautions to prevent deflections in reference line and grade. D. Non -Conforming Pipe Installation: Remove and reinstall. E. Inspect pipe for defects and cracks while suspended immediately prior to installation. F. Install pipe from lower to higher invert elevation with uniform and smooth invert line- G. Install pipe length spigot ends pointing in the direction of flow. H. No pipe is to be laid in water or when trench conditions are unsuitable for such Work. Jointing 1. In conformance with recommendations of manufacturers of pipe and joint material. 2. All joints must be watertight. 3. Hand fill and compact all bell depressions with granular bedding materials to prevent joints from sagging or movement. J. Cleaning and Protection 1. Remove all dirt and debris from the interior of each pipe length as the Work progresses. 2. Protect the exposed end of the pipe with temporary covers or plugs. 3. Protect in place pipe from damage and dislocation. K. Flexible Pipe Installation: Conform to ASTM D2321. END OF SECTION SANITARY UTILITY SEWER PIPING © 2016 Stantec 1 193803351 3331 00 - 3 This Page Left Blank Intentionally SECTION 33 39 00 SANITARY UTILITY SEWER STRUCTURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer manholes and miscellaneous appurtenances. B. Related Sections 1. Section 02 41 13 - Selective Site Demolition. 2. Section 33 05 17 - Adjust Miscellaneous Structures. 3. Section 33 31 00 - Sanitary Utility Sewer Piping. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Refer to Section 33 31 00 for gravity sewer pipe pay items. 2. A Bid Item has been provided for Reconstruct Sanitary Sewer Invert/Bench. Measurement will be Lump Sum for the invert and doghouse repaired/reconstructed and shall include all excavation, labor, materials, and equipment necessary to complete the work, including removal of existing invert, debris or roots; preparation of existing surface prior to installation of invert; and all clean-up. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. 2. C 139 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 3. C150 - Specification for Portland Cement. 4. C443 - Specification for Joints for concrete Pipe and Manholes, Using Rubber Gaskets. 5. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 6. C 923 - Specification for Resilient connectors Between Reinforced Concrete Manhole Structures, Pipes and Laterals. 1.04 SITE CONDITIONS A. Manhole locations are shown on the Drawings in a general way. Contractor should anticipate minor variations in both horizontal and vertical directions in locating existing system. © 2016 Stantec 1 193803351 SANITARY UTILITY SEWER STRUCTURES 33 39 00 - 1 1.05 SUBMITTALS A. Submit Manufacturer's Certificate of Compliance for the following items consistent with Section 01 33 00: 1. Castings. 2. Precast maintenance hole sections and steps. 1.06 QUALITY ASSURANCE A. The quality of all materials, the process of manufacture, and the finished sections shall be subject to inspection and approval by the Engineer or other representative of the Owner. Such inspection may be made at the place of manufacture or on the Work after delivery, or at both places and the materials shall be subject to rejection at any time on account of failure to meet any of the requirements specified herein. Material rejected after delivery to the Site shall be marked for identification and shall be removed from the Site at once. All materials which have been damaged after delivery will be rejected and if already installed shall be removed and replaced entirely at the Contractor's expense. B. At the time of inspection, the materials will be carefully examined for compliance with the appropriate ASTM Standard and this Section and with the approved manufacturer's drawings. All precast manhole sections shall be inspected for general appearance, dimension, "scratch -strength," blisters, cracks, roughness, soundness, etc. The surface shall be dense and close -textured. PART 2 PRODUCTS 2.01 COMPONENTS A. Castings: See Section 33 05 17. 2.02 ACCESSORIES A. Joint Sealers 1. Sealer between upper precast section and casting frame and between all precast sections. a. Thickness: 1 inch wide by 3/8 inch thick (minimum). b. High quality, non -hardening, butyl rubber, 98-percent solids that will not harden, shrink or oxidize. c. Ram-nek, or approved equal. Mortar 1. Grout a. Cement and fine aggregate as specified for concrete. b. Mix Proportion: 1-part Portland cement, 2-parts sand, by weight. c. Water/Cement Ratio: 0.50 +/- 0.05. d. Non - Setting by prolonged mixing. e. Mix 10 minutes in a power mixer. f. Slump: 6 inches +/- 1 inch. 2. Non -Shrink Grout - Minimum compressive strength of 3,000 psi. C. Adjusting Rings: Conform to Section 33 05 17. SANITARY UTILITY SEWER STRUCTURES 0 2016 Stantec 1 193803351 33 39 00 - 2 PART 3 EXECUTION 3.01 DOGHOUSE/INVERT REPAIR A. Repair doghouse or invert as instructed by the Engineer. B. Remove roots or other debris from invert area prior to repair. C. Invert should be constructed to accommodate flow locations and pipe sizes. D. Remove all debris from manhole once work is complete. 3.02 CLEANING A. All new manhole sections shall be thoroughly cleaned of all silt, debris, and foreign matter of any kind prior to final inspection. END OF SECTION SANITARY UTILITY SEWER STRUCTURES 0 2016 Stantec 1 193803351 33 39 00 - 3 Manhole/Catch Basin Field Elevation Report (3 Stantec Project: Date: Owner: Contractor: Stantec's Resident Project Representative _ Contractor's Representative: Stantec Project No: Owner Project No: Contractor is re uired to complete this form before payment of structure is approved. Structure Location As - Structure Type Design Invert (from Constructed Difference Comments /Quality Street Name Structure Structure Direction of or Easement ( circle one Plan Invert ( + / - ) Assurance No. Station invert/flow Location Elevation MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH CB Apron * As -Constructed Invert Elevation provided by Contractor from measurements taken in the field to nearest 0.01 foot. MIbD/YYYY) DATE (M CERTIFICATE OF LIABILITY INSURANCE 4/DATE(M 6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT NR E: Cottingham & Butler PHONE FAX Aaron Krogman �c,N, . 563-587-5000 563-583-7339 800 Main St. -ADERF35- Dubuque IA 52001 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Pember Companies Inc. N4449-469th Street Menomonie WI 54751 URERA:Continental Western Insurance Comoa 110804 1 PEMBCOM-01 INSURER B : INSURER C INSURER D INSURER E : COVFRAnFS r'FRTIFIr'ATF IUIINIRI"R• 375121536 RFVISI ni'd NIfr1ARFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDDIYYYY MMIDDNYYY A X COMMERCIALGENERALLIABILITY CPA 3123070 3/1/2016 3/1/2017 EACH OCCURRENCE $1,000,000 PIRE E occurrence) $300,000 X I CLAIMS -MADE OCCUR MED EXP (Any one person) $10.000 PERSONAL & ADV INJURY $1.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ] PEA n LOG GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2000,000 OTHER: 1$ A AUTOMOBILE LIABILITY CPA 3123070 3/1/2016 3/1/2017 (Fa UINEscIder0 $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO AUTOWNED SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS - DAMAGE$ Per acddord $ A X UMBRELLA LIAB X OCCUR CPA 3123070 1 3/1/2016 3/1/2017 EACH OCCURRENCE $10,000,000 AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED X I RETENTION$0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WCA 3123071 3/1/2016 3/1/2017 X PER I OTH_ STATUTE _ R E.L. EACH ACCIDENT $500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $500,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $500,000 A A Property Builders Risk CPA 3123070 CPA 3123070 3/1/2016 3/1/2016 3/1/2017 3/1/2017 Building/Bpp Limit $2,020,500 Limit $3,000,000 BR Deductible $500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Name: New Hope, MN — 2016 Lift Station Site Improvements The City of New Hope and Stantec Consulting Services, Inc. are additional insured on the General Liability policy subject to all terms and conditions of the policy forms. A 30 day notice of cancellation is provided by the insurance company to the certificate holder as outlined by the endorsement attached to the General Liability poticy. CERTIFICATE HOLDER CONCFI I ATION City of New Ho Y Hope SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 4401 Xylon Avenue ACCORDANCE WITH THE POLICY PROVISIONS. New Hope MN 55428 AUTHORIZED REPRESENTATIVE /-( © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 14 t r N z 0 0 n 0 0 <p N 7 Q Q j 3 p 4 cn ` n 3 0(D � Q� a o Q o n o 0 n? n O m m �-)-� Q n Ro E 0 y In a o { (a Z. :3C -r cn cn O7 :n \V O D 7 /� \/ D n (, n 0 3 Q 0 �A x 00 7 0 _N � 6 a ao 0 7 a -io cry � Nod D . o 'o� p Q 0 Iv 1Go ao I W a v m 0 m 0 Q 0 0 0 s W 0 0 h W zW (D(-� 0 70 fV O Ol z O r Q O Z) 3 a m m N W N 0 IN V+ n Request for Action April 11, 2016 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bob Paschke, Director Agenda Section Development & Planning Item Number 8.5 Agenda Title Resolution awarding contract to Pember Companies, Inc. for $57,150.50 for the 2016 lift station improvements project No. 977. Requested Action Staff is recommending that Council pass a resolution approving a contract between the city of New Hope and Pember Companies Inc. in the amount of $57,150.50, for 2016 Lift Station improvements, including repair to manhole structures, replacement of pump rails, installation of fall protection. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service and to assure uninterrupted service and promote efficiency in operations. Background Sanitary sewer lift stations are a critical part of the city's sewer infrastructure system. Staff identified backup power as an essential need at the city's largest lift station. Also, staff identified in the CIP that safety and operational upgrades to Lift Station #1, #3, #4 and #5 were necessary as well as site work for lift station #1, in conjunction with the generator installation approved by council on January 11, 2016. Lift station #1 is located at 7301 56th (Bass Lake Road). The lift station is situated in an appendage of the City of Crystal. It serves the northeast portion of the city, east of Winnetka Avenue, for both residential and commercial areas. If the City Council wishes to award the project to the low bidder, staff recommends Pember Companies Inc. be awarded the contract for $57,150.50. Funding The project will be funded through the Sanitary Sewer Utility fund. Quotes received have been reviewed and found to be in order. The low quote for the project was received from Pember Companies Inc. for $57,150.50. The CIP was estimated at $130,000 in reflection of the quotes received from the 2015 project. The engineer's estimate for this project was $80,000 which puts the low quotation $22,849.50 under the engineer's estimate and $72,849.50 under the CIP budget. Attachments • Resolution • Engineer's memorandum • Bid tab I: \ RFA\ PUBWORKS \ 2016 \ 977 2016 Lift Station Site Improvments \ 977 Award 2016 Lift Station site improvements \ final-977 Award 2016 Lift Station site improvments.docx City of New Hope Resolution 2016 -69 Resolution awarding contract to Pember Companies, Inc. for $57,150.50 for the 2016 lift station site improvements. project No. 977 WHEREAS, Council approved the 2016 CIP, including lift station site improvements; and, WHEREAS, Council wishes to assure uninterrupted sewer service and promote efficiency in operations'to improve the level of service; and, WHEREAS, the city has received five quotes to install safety and operational upgrades to Lift Station #1, #3, #4 and #5, as well as site work for lift station #1 in conjunction with the 2016 generator installation; and, WHEREAS, the bid in the amount of $74,713.00 from Pember Companies, Inc. is the lowest responsible quote submitted; and, WHEREAS, the funds for this project will be provided by the city's sanitary sewer utility fund. NOW, THEREFORE, BE IT RESOLVED, 1. That a contract to be awarded to Pember Companies, Inc. to install safety and operational upgrades to Lift Station #1, #3, #4 and #5, as well as site work for lift station #1, in conjunction with the 2016 generator installation at lift station No. 1 is authorized. 2. The utility fund budget is hereby amended. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 11th day of April, 2016. Mayo Attest: City Clerk Stantec Consulting Services Inc. . 2335 Highway 36 West, St. Paul MN 55113 March 31, 2016 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2016 New Hope Lift Station Site Improvements City Project No. 977 Stantec Project No. 193803351 Bid Results Dear Honorable Mayor and City Council: Bids were received for the Project stated above on March 31 2016. Bids were received from 5 contractors, with the low bid coming in at $57,150.50 and the high bid at $76,240.50. The Table below summarizes the results of the Bids. Contractor Total Base Bid Low Pember Companies Inc. $57,150.50 #2 G.F. Jedlicki, Inc. $68,090.00 #3 Urban Companies Inc. $71,200.00 #4 Penn Contracting $75,650.00 #5 Sunram Construction, Inc. $76,240.50 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. The low Bidder on the Project was Pember Companies Inc. with a Total Base Bid Amount of $57,150.50. This compares to the Engineer's Opinion of Probable Costs of $80,000. 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 Pember Companies Inc. should be awarded the Project on the Total Base Bid Amount of $57,150.50. Should you have any questions, please feel free to contact me at 651-604-4808. Sincerely, STANTEC CONSULTING SERVICES INC. Christopher W. Long, P.E. Enclosure Dk sir n �t th community in rr iqd L 5ta me c Project Name: 2016 Lift Station Site Improvements I hereby certify that this is an exact reproduction of bjdc received Clinet Project No. 977 Project No.: 193803351 Bid Opening: Thursday, March 31, 2016 at 10 A.M., CDT Owner: City of New Hope, MN Christopher W. Long, P.E. License No. 47106 BID TABULATION Item Nvm Item Units Qty BASE BID: PART 1: LIFT STATION #1 AND SITE WORK IMPROVEMENTS 1 MOBILIZATION LS 1 2 TEMPORARY CONVEYANCE OF WASTEWATER LS 1 3 REMOVE BUSHES LS 1 4 SITE GRADING LS 1 5 CLASS 5 AGGREGATE BASE TN 30 6 4" CONCRETE WALK SF 400 7 MODULAR BLOCK RETAINING WALL SF 110 8 REMOVE AND INSTALL SANITARY MH RINGS/CASTING EA 1 9 RECONSTRUCT SANITARY SEWER INVERT/BENCH LS 1 10 TOPSOIL BORROW CY 10 11 LANDSCAPE EDGING LF 100 12 LANDSCAPING MULCH CY 10 13 LANDSCAPE SHRUB EA 22 14 CONCRETE GENERATOR PAD SF 50 15 CONCRETE CONTROL PANEL PAD SF 15 16 DEMOLITION OF EXISTING LIFT STATION NO. 1 PER LS 1 SECTION 02 41 19 17 SANITARY LIFT STATION NO. 1 IMPROVEMENTS LS 1 INCLUDING INSTALLATION OF NEW ALUMINUM HATCH, S.S. PUMP GUIDE RAILS AND SUPPORT BRACKETS, VENT PIPING AND ALL OTHER APPURTANENCES AS SHOWN ON DRAWINGS AND AS SPECIFIED. 18 SILT FENCE LF 70 19 HYDROSEED WITH MULCH SY 110 TOTAL PART 1: LIFT STATION #1 AND SITE IMPROVEMENTS PART 2: LIFT STATION #3 IMPROVEMENTS 20 REMOVE EXISTING STEEL HATCH FROM SANITARY LIFT LS STATION NO. 3 AND INSTALL A NEW 36"X84" CLEAR OPENING SURFACE MOUNTED ALUMINUM DUAL LEAF HATCH WITH SAFETY GRATES AS SHOWN ON DRAWING DETAIL AND PER SPECIFICATION 05 50 00. TOTAL PART 2: LIFT STATION #3 IMPROVEMENTS PART 3: LIFT STATION #4 IMPROVEMENTS 21 REMOVE EXISTING STEEL HATCH FROM SANITARY LIFT LS STATION NO. 4 AND INSTALL A NEW 36"X84" CLEAR OPENING SURFACE MOUNTED ALUMINUM DUAL LEAF HATCH WITH SAFETY GRATES AS SHOWN ON DRAWING DETAIL AND PER SPECIFICATION 05 50 00. TOTAL PART 3: LIFT STATION #4 IMPROVEMENTS PART 4: LIFT STATION #5 IMPROVEMENTS 22 INSTALL DUAL SAFETY GRATES IN THE EXISTING 38"X68" LS WET WELL HATCH CLEAR OPENING AS SHOWN ON DRAWING DETAIL AND PER SPECIFICATION 05 50 00. Bidder No. 1 Bidder No. 2 Bidder No. 3 Bidder No. 4 Pember Companies, Inc. G.F. ]edlicki, Inc. Urban Companies Penn Contracting Inc. Unit Price Total Unit Price Total Unit Price Total Unit Price Total $8,000.00 $81000.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $2,900.00 $2,90D.00 $4,000.00 $4,000,00 $500.00 $500.00 $730.00 $730.00 $500.00 $5o0.D0 $2,000.00 $2,0D0.00 $800.00 $800.00 $3,000.00 $3,DDO.00 $1,500.00 $1,50D.00 $8,500.00 $8,500.00 $5,000.00 $51000.00 $40.00 $I,ZO0.00 $26.00 $780.00 $40.00 $1,200.00 $50.00 S1,500.00 $9.20 $31680.00 $6.00 $2,400.00 $10.00 $4,000.00 $9.00 $3,600.flQ $40.00 $4,40D.00 $35.00 $3,850.DD $50.00 $5,500.00 $85.00 $9,350.00 $1,000.00 $1,DD0,00 $200.00 $2DD.00 $750.00 $750.00 $2,600.00 $2,600.00 $1,500.00 $1,5OO,DO $1,000.00 $1,000.00 $4,750.00 $4,750.00 $2,550.00 $2,550.00 $60.00 $600,00 $15.00 $150.00 $100.00 $I,OOD.00 $70.00 $700.00 $4.00 $400.00 $3.00 $3DO.00 $10.00 $1,001D.DD $7.00 $70D.00 $95.00 $950.00 $50.00 $500.00 $100.00 $1,0W.00 $70.00 $700.00 $95.00 $2,090.00 $85.00 $1,670.00 $75.00 $1,650.00 $250.00 $5,500.00 $12.00 $6DO.00 $32.00 $1,600.00 $60.00 $3,000.00 $50.00 $2,500.00 $9.60 S144.00 $17.00 $255.DD $100.00 $1,500.00 $130.00 51,95o.00 $2,000.00 $2,Ot30.00 $16,000.00 $Lfi,000.00 $11,000.00 $11,D00.00 $8,000.00 S8,000.00 $15,900.00 $15,900.00 $23,375.00 $23,375.00 $3,500.00 $3,500.00 $10,000.00 $10,000.00 $3.15 $220.50 $8.00 $560.00 $10.00 $700.00 $7.00 $490.00 $4.60 $506.00 $5.00 tS50.00 $15.00 $1,650.00 $11.00 $1,210.00 $48,420.50 $60,290.00 $59,200.00 $60,650.00 $3,590.00 S3,590.00 $3,300.00 53,300A0 $4,000.00 $4,000.00 $6,000.00 $6,000.00 $3,590.00 $3,300.00 $4,000.00 $6,000.00 $3,590.00 $3,590.D0 $3,300.00 $3,300.DO $4,000.00 S4,000.00 $6,000.00 S6,ODO.00 $3,590.00 $3,300.00 $4,000.00 $6,000.00 $1,550.00 $1,550.OD $1,200.00 $1,200.00 $4,000.00 $4,WG.00 $3,000.00 $3,000.00 193803351-BidTab.xlsm QT-1 BID TABULATION Bidder No. 1 Bidder No. 2 Bidder No. 3 Bidder No. 4 Pember Companies, Inc. G.F. 3edlicki, Inc. Urban Companies Penn Contracting Inc. Item �J'1m Item Units Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total _ J TOTAL PART 4: LIFr STATION #5 IMPROVEMENTS $1,550.a0 $1,200.00 $4,000.00 $3,000.00 TOTAL BASE BID $57,15O.SO $68,090.00 $71,200.00 $75,650.00 Contractor Name and Address: Pernber Companies, Inc. G.F. Jedlicki, Inc. Urban Companies Inc. Penn Contracting, Inc. N4449 469th Street 2411 Galpin Court, Ste. 110 3781 Labore Road 13025 Central Avenue NE Menomonie WI 54751. Chanhassen, MN 55317 St. Paul, MN 55110 Blaine, MN 55434 Phone: 715-235-0316 952-934.4272 651-248-9830 763-767-2141 Fax 715-235-6006 952-934-7273 651-426-3554 763-767-2545 Email: bVemhenRRUmbereomQanies.corn jedt0ifgPaugl.com uurbaniDurbancomnaniesusa.com Denncontracti0gQmsn.cam Brent Pember Signed By: Garrett Jedf0i Greg Urban Dean Luxenburg Title: President President Owner President Responsible Contractor Form(s) included Yes Yes Yes Yes Bid Security: Bid Bond Bid Band Bid Bond Bid Bond Addenda Acknowledged: Norte None None None 193803351-BidTab.xlsm QT-2 Item Num BID TABULATION Item Units Qtv Bidder No. 5 Sunram Construction Inc. Unit Price Total BASE BID: PART 1: LIFT STATION #1 AND SITE WORK IMPROVEMENTS 1 MOBILIZATION LS 1 $12,500.00 $12,500.00 2 TEMPORARY CONVEYANCE OF WASTEWATER LS 1 $4,000.00 $4,000.00 3 REMOVE BUSHES LS 1 $2,130.00 $2,130.00 4 SITE GRADING LS 1 $2,820.00 $2,820.00 5 CLASS 5 AGGREGATE BASE TN 30 $31.00 $930.00 6 4" CONCRETE WALK SF 400 $7.75 $3,100.00 7 MODULAR BLOCK RETAINING WALL SF 110 $32.15 $3,536.50 8 REMOVE AND INSTALL SANITARY MH RINGS/CASTING EA 1 $1,120.00 $1,120.00 9 RECONSTRUCT SANITARY SEWER INVERT/BENCH LS 1 $1,900.00 $1,9DO.00 10 TOPSOIL BORROW CY 10 $50.00 $500.00 11 LANDSCAPE EDGING LF 100 $4.20 $420.00 12 LANDSCAPING MULCH CY 10 $100.00 $1,000.00 13 LANDSCAPE SHRUB EA 22 $100.00 $2,200.00 14 CONCRETE GENERATOR PAD SF 50 $15.00 $750.00 15 CONCRETE CONTROL PANEL PAD SF 15 $15.00 $225.00 16 DEMOLITION OF EXISTING LIFT STATION NO. 1 PER LS 1 $5,100.00 $5,100.00 SECTION 02 41 19 17 SANITARY LIFT STATION NO. 1 IMPROVEMENTS LS $10,000.00 $101000.00 INCLUDING INSTALLATION OF NEW ALUMINUM HATCH, S.S. PUMP GUIDE RAILS AND SUPPORT BRACKETS, VENT PIPING AND ALL OTHER APPURTANENCES AS SHOWN ON DRAWINGS AND AS SPECIFIED. 18 SILT FENCE LF 70 $5.00 $350.00 19 HYDROSEED WITH MULCH SY 110 $4.40 5484.00 TOTAL PART 1: LIFT STATION #1 AND SITE $53,065.50 IMPROVEMENTS PART 2: LIFT STATION #3 IMPROVEMENTS 20 REMOVE EXISTING STEEL HATCH FROM SANITARY LIFT LS 1 $7,825.00 $7,325.00 STATION NO. 3 AND INSTALL A NEW 36"X84" CLEAR OPENING SURFACE MOUNTED ALUMINUM DUAL LEAF HATCH WITH SAFETY GRATES AS SHOWN ON DRAWING DETAIL AND PER SPECIFICATION 05 50 00. TOTAL PART 2: LIFT STATION #3 IMPROVEMENTS $7,825.00 PART 3: LIFT STATION #4 IMPROVEMENTS 21 REMOVE EXISTING STEEL HATCH FROM SANITARY LIFT LS 1 $7,825.00 $7,825,00 STATION NO. 4 AND INSTALL A NEW 36"X84" CLEAR OPENING SURFACE MOUNTED ALUMINUM DUAL LEAF HATCH WITH SAFETY GRATES AS SHOWN ON DRAWING DETAIL AND PER SPECIFICATION 05 50 00. TOTAL PART 3: LIFT STATION #4IMPROVEMENTS $7,825.0 PART 4: LIFT STATION #5 IMPROVEMENTS 22 INSTALL DUAL SAFETY GRATES IN THE EXISTING 38"X68" LS 1 $7,525.00 57,525.00 WET WELL HATCH CLEAR OPENING AS SHOWN ON DRAWING DETAIL AND PER SPECIFICATION 05 50 00. 193803351-BidTab.xlsm QT-3 Item TOTAL BASE BID BID TABULATION Item Units Bidder No. 5 Sunram Construction Inc. Contractor Name and Address: Sunram Construction, Inc. 20010 75th Avenue North Corcoran, MN 55340 Phone: 763-420-2140 Fax 763-444-3951 Email: ryanftsunramCpn&IruG+nl� Signed By: Ryan M. Sunram Tide: Vice President Responsible Contractor Form(s) Included Yes Bid Security: Bid Bond Addenda Acknowledged: None 193803351-BidTab.xlsm QT-4 GORDON L. JENSEN' MELANIE P. PERSELLIN"' STEVEN A. SONDRALL STACYA. WOODS' 'Reel Property Law Speciafisi Certified By The Mlnnesats State Bar Ananeimiorl kirmnsad in lllirieis/Golcrado 36ueliRed Neutral Madiator under Rule 114 JENSENSONDRALL PERSELLIN&WOODS P.A., ATTORNEYS AT LAW May 6, 2016 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 ■ TELEFAx (763) 493-5193 WWWJSPWaW.corn Re: 2016 Lift Station Site Improvements City Project No. 977 Our File No.: 99.10030 Dear Val: Writer's Direct Dial No : (763) 201-0265 e-mail saw@jspwlaw.com personal delivery Enclosed please find four copies of the contract with Pember Companies, Inc., a Wisconsin corporation. Also enclosed are the bid, performance and payment bonds for the referenced project, as well as the Certificate of Insurance. There were only 3 sets of the performance and payment bond documents so I made a copy and inserted it into the 4th copy of the contract. The contract with the copies of the bond documents is on the bottom of the stack. All are in order from a legal standpoint. Please call me if you have any questions. Sincerely, Stacy A. W ods, Assistant City Attorney, City of N Hope Enclosures cc: Steven A. Sondrall, City Attorney Bob Paschke, Public Works Director Chris Long, City Engineer PAAttorney\SAS\1 Client Files\2 City of New Hope\99-10030 (Public Works general)\Leone Itr - 2016 Lift Station Site Improvements - Project 977.docc 5/6/2i116 Business Filing Details Business Record Details Minnesota Business Name Pember Companies, Inc. Business Type MN Statute Business Corporation (Foreign) 303 File Number Home Jurisdiction 2612535-2 Wisconsin Filing Date Status 12/05/2007 Active / In Good Standing Renewal Due Date Registered Office Address 12/31/2016 1076 S Robert Str West St Paul, MN 55118 USA Registered Agent(s) Chief Executive Officer Pate Bonding Inc Brent Pember N4449 469th Street Menomonie, WI 54751 USA Filing History Filing History Select the item(s) you would like to order: Order Selected Copi Filing Date Filing 12/05/2007 Original Filing - Business Corporation (Foreign) 12/05/2007 Business Corporation (Foreign) Business Name 01/12/2009 Revocation - Business Corporation (Foreign) Effective Date https://m bl sportal.sos.state.m n.us/Busi nessISearchDetai I s?fi I i ngGui d=54cb46e&-9Dd4-e011-a886-001 ec94fe7f 1/2 5/6/2016 Business Filing Details Li 10/21/2011 Reinstatement - Business Corporation (Foreign) © 2016 Office of the Minnesota Secretary of State - terms and conditions https://mblsportal.sos.state.mn.usBusiness/SearchDetails?filingGuid=54cb46e&90d4-e011-a886-00lecg4ffe7f 2/2 May 11, 2016 Mr. Brent Pember Pember Companies, Inc. N4449 4691h Street Menomonie, WI 54751 SUBJECT: 2016 Lift Station Improvements - Project 977 At its meeting of April 11, 2016, the New Hope City Council approved the contract with your company for project no. 977 for $57,150.50. Enclosed please find two contract documents. Please submit one to your bonding company. 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 per Minnesota Statute 290.97). Please contact Chris Long at Stantec at 651-604-4808 if you have any questions regarding the project. Sincerely, t. Valerie Leone City Clerk, CMC Enclosures - Contract, IC-134 cc: Bob Paschke, director of public works Chris Long, city engineer Shawn Markham, contract manager 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 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 3 oIl u(s:)AI Request for Action November 14, 2016 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bob Paschke, Director Agenda Section Consent Item Number 6.7 "'P cc Agenda Title Resolution accepting the improvement project and approving final payment in the amount of $3,942.95, to Pember Companies Inc., for lift station improvements (improvement project No. 977). Requested Action Staff is recommending that Council pass a resolution accepting the lift station improvement project and approving final payment in the amount of $3,942.95, to Pember Companies Inc., for the completed lift station improvements, which included repair to manhole structures, replacement of pump rails, installation of fall protection (improvement project No. 977). Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service and to assure uninterrupted service and promote efficiency in operations. Background Sanitary sewer lift stations are a critical part of the city's sewer infrastructure system. Staff identified backup power as an essential need at the city's largest lift stations. Staff identified in the CIP that safety and operational upgrades to Lift Station Nos. 1, 3, 4 and 5 were necessary as well as additional site work at lift station No. 1, in conjunction with the generator installation approved by council on January 11, 2016. Lift station No. 1 is located at 7301 Bass Lake Road, in close proximity to St. Raphael's Church. The lift station serves the northeast portion of the city, east of Winnetka Avenue, for both residential and commercial areas. Bids for the lift station improvement project were opened on March 31st, 2016 and Council awarded the contract to Pember Companies Inc. on April 11th, 2016. The original contract amount is $57,150.50. The contract included no change orders, the final cost is $56,776.82, which is less than the original contract amount. This project had a $373.68 under run due to less silt fence and landscape mulch than anticipated. The contractor has completed all work in accordance with contract plans and specifications; therefore, final payment of $3,942.95 is recommended paid to Pember Companies Inc. Funding Sanitary Sewer Utility fund. Attachments ■ Resolution Engineer's memorandum Final Pay Request I:\RFA\PUBWORKS\2016\977 2016 Lift Station Site Improvements \ 977 Final 2016 Lift Station Site Improvement Project Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 November 7, 2016 File:193803351 Attention: Bob Paschke Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: 2016 Lift Station Site Improvements - Final Payment City Project No.: 977 Dear Bob, Enclosed find the final pay request and the IC-134 forms for the above referenced project. The contractor, Pember Companies, Inc., has completed this work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $3,942.95 is made and the City of New Hope accepts the project. The Original Contract Amount as indicated on the Contractor's Request for Payment is $57,150.50. The contract included no change orders. The Final Construction Amount is $56,776.82, which is less than the Original Contract Amount. This project had a $373.68 under run due to less silt fence and landscape mulch than anticipated. If you have any questions or require further information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. a440411 W. Xe7"- Christopher W. Long, P.E. c. Kirk McDonald, Valerie Leone, Megan Albert, Bernie Weber, Dave Lemke - New Hope; Adam Martinson, Kellie Schlegel, Tim Grinstead - Stantec. Design with community in mind (3 Stantec Stantec Consulting Services Inc. 2335 Highway 36 West, St. Paul MN 55113-3819 Phone: (651) 636-4600 Fax: (651) 636-1311 Transmittal To: Valerie Leone From: Kellie Schlegel Company: City of New Hope ❑ For Your Information Address: 4401 Xylon Ave N Q For Your Approval New Hope, MN 55428 ❑ For Your Review Phone: 763-531-5117 21 As Requested Date: November 28, 2016 File: 193803351 Delivery: Hand Delivery Reference: Lift Station # 1 Site Improvements - Final Pay Request Attachment: Copies Doc Date Pages Description 1 11/2/2016 1 IC-134 3 10/31 /2016 3 Signed Final Pay Request Val, Attached are the final documents for the final payment for Lift Station # 1 Site Improvements (City Project No. 977). 1 believe final payment was approved at the November 14 Council meeting, STANTEC CONSULTING SERVICES INC. K'4-A.Q.: S .kR,.�'-,Q Kellie Schlegel Engineer Phone: (651) 604-4734 Fax: (651) 636-1311 kellie.schlegel@stantec.com Design with community in mind sk document2 CITYIS COPY Stantec Dwner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: October 31, 2016 :or Period: 6/24/2016 to 10/31 /2016 Request No: 2/FINAL contractor: Pember Companies, Inc., N4449 469th St., Menomonie, WI 54751 CONTRACTOR'S REQUEST FOR PAYMENT 2016 NEW HOPE LIFT STATION SITE IMPROVEMENTS STANTEC PROJECT NO. 193803351 CITY PROJECT NO. 977 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 1 1 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO Recommended for Approval by: STANTEC Approved by ntractor: PEMBEERR COMPANIES, INC. Specified Contract Completion Date: $ 57,150.50 $ 0.00 $ 0.00 $ 57,150.50 $ 56,776.82 $ 0.00 $ 56,776.82 $ 0.00 $ 56,776.82 $ 52,833.87 $ 0.00 2/FINAL $ 3,942.95 Date: 1l-1�/�� 193803351 REWFinal - Lift Station Site Improvements.xlsm Contract Unit Current Quantity Amount ,No. Item Unit Quantity Price Quantity to Date to Date PART 1: LIFT STATION # 1 AND SITE WORK IMPROVEMENTS 1 MOBILIZATION LS 1 8000.00 1 $8,000.00 2 TEMPORARY CONVEYANCE OF WASTEWATER LS i 1500.00 1 $1,500.00 3 REMOVE BUSHES LS i 730.00 ] $730.00 4 SITE GRADING LS 1 3000.00 I $3,000.00 5 CLASS 5 AGGREGATE BASE TN 30 40.00 14.76 $590.40 6 4" CONCRETE WALK SF 400 9.20 460 $4,232.00 7 MODULAR BLOCK RETAINING WALL SF 110 40.00 120 $4,800.00 8 REMOVE AND INSTALL SANITARY MH RINGS/CASTING EA 1 1000.00 1 $1,000.00 9 RECONSTRUCT SANITARY SEWER INVERT/BENCH LS 1 1500.00 1 $1,500.00 10 TOPSOIL BORROW CY 10 60.00 10.5 10.5 $630.00 11 LANDSCAPE EDGING LF 100 4.00 100 $400.00 12 LANDSCAPING MULCH CY 10 95.00 5 $475.00 13 LANDSCAPE SHRUB EA 22 95.00 22 $2,090.00 14 CONCRETE GENERATOR PAD SF 50 12.00 50 $600.00 15 CONCRETE CONTROL PANEL PAD SF 15 9.60 7 $67.20 16 DEMOLITION OF EXISTING LIFT STATION NO. 1 PER SECTION 02 41 19 LS 1 2000.00 1 $2,000.00 17 SANITARY LIFT STATION NO, 1 IMPROVEMENTS INCLUDING INSTALLATION OF NEW ALUMINUM HATCH, S.S. PUMP GUIDE RAILS AND SUPPORT BRACKETS, VENT PIPING AND ALL OTHER APPURTANENCES AS SHOWN ON DRAWINGS AND AS SPECIFIED. LS 1 15900.00 1 $15, 900.00 18 SILT FENCE LF 70 3.15 $0,00 19 HYDROSEED WITH MULCH SY 110 4.60 115.7 115.7 $532.22 TOTAL PART 1: LIFT STATION # 1 AND SITE WORK IMPROVEMENTS $48,046.82 PART 2: LIFT STATION #3 IMPROVEMENTS 20 REMOVE EXISTING STEEL HATCH FROM SANITARY LIFT STATION NO. 3 AND INSTALL A NEW 36"X84" CLEAR OPENING SURFACE MOUNTED ALUMINUM DUAL LEAF HATCH WITH SAFETY GRATES AS SHOWN ON DRAWING DETAIL AND PER SPECIFICATION 05 50 00. LS 1 3590.00 i $3,590.00 TOTAL PART 2: LIFT STATION #3 IMPROVEMENTS $3,590.00 PART 3: LIFT STATION #4 IMPROVEMENTS 21 REMOVE EXISTING STEEL HATCH FROM SANITARY LIFT STATION NO.4 AND INSTALL A NEW 36"X84" CLEAR OPENING SURFACE MOUNTED ALUMINUM DUAL LEAF HATCH WITH SAFETY GRATES AS SHOWN ON DRAWING DETAIL AND PER SPECIFICATION 05 50 00. LS 1 3590.00 1 $3,590.00 TOTAL PART 3: LIFT STATION #4 IMPROVEMENTS $3,590.00 PART 4: LIFT STATION #5 IMPROVEMENTS 22 INSTALL DUAL SAFETY GRATES IN THE EXISTING 38"X68" WET WELL HATCH CLEAR OPENING AS SHOWN ON DRAWING DETAIL AND PER SPECIFICATION 05 50 00. LS 1 1550.00 l $1,550.00 TOTAL PART 4: LIFT STATION # 5 IMPROVEMENTS $1,550.00 TOTAL PART 1: LIFT STATION # 1 AND SITE WORK IMPROVEMENTS $48,046.82 TOTAL PART 2: LIFT STATION #3 IMPROVEMENTS $3,590.00 TOTAL PART 3: LIFT STATION #4 IMPROVEMENTS $3,590.00 TOTAL PART 4: LIFT STATION #5 IMPROVEMENTS $1,550.00 TOTAL WORK COMPLETED TO DATE $56,776.82 193003351 REQ2Final -Lift Station Site Improvements xlsm PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 977 STANTEC PROJECT NO. 193803351 CONTRACTOR PEMBER COMPANIES, INC. CHANGE ORDERS No. PAYMENT SUMMARY No. 1 2/FINAL Material on Hand Total Payment to Date Retoinage Pay No. Total Amount Earned Date Total Chance Orders From To Payment 05/01 /2016 06/23/2016 52,883.87 06/24/2016 1 10/31 /2016 3,942.95 2/FINAL Description $56,826.82 $56,826.82 2,780.73 Original Contract Change Orders Revised Contract Amount 55,614.60 56,776.82 $57,150.50 $57,150.50 193803351 REQ2Final - Lift Station Site Improvements.xlsm Page 1 of 1 MINNESOTA• REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 2-006-061-376 Submitted Date and Time: 2-Nov-2016 8:04:47 AM Legal Name: PEMBER COMPANIES INC Federal Employer ID: 39-1216720 User Who Submitted: PemberlC134 Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 642564096 Minnesota ID: 2990838 Project Owner. CITY OF NEW HOPE Project Number. 977 Project Begin Date: 16-May-2016 Project End Date: 27-Jun-2016 Project Location: CITY OF NEW HOPE Project Amount: $56,776.82 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.us/tpleservicesl /Retrieve/0/c-lye4Euw5d8TUeoR9ss_WKQg... 11/2/2016