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IP #1012
PROJECT NO. 1012 ide Park Playground Project - $190,000 8.6 1/8/18 Motion to authorize preparation of plans and specifications for playground improvements at Sunnyside' Park (improvement project no. 1012) Res. 2018-34 2/26/18 Resolution approving plans and specifications and authorizing advertisement for bids for playground improvement site work at Sunnyside Park (Improvement Project No. 1012) and for basketball court replacements at Sunnyside Park and Begin Park (Improvement Project No. 1013) Res. 2018-54 4/9/18 Resolution awarding low bid of $190,083.80 to Midwest Asphalt Services for playground site work at Sunnyside Park (improvement project no. 1012) and for basketball court replacements at Sunnyside Park and Begin Park (improvement project no. 1013) Res. 2018-55 4/9/18 Resolution awarding contract with Flagship Recreation/Landscape Structures for $74,166.14 for playground equipment, picnic tables with shade structures and installation at Sunnyside Park (improvement project no. 1012) Res. 2018-116 10/22/18 Resolution approving final payment request to Flagship Recreation for Sunnyside Park playground project (Improvement Project No. 1012) in the amount of $1,865.34 Res. 2019-126 12/9/19 Resolution approving final pay request to Midwest Asphalt Services for playground site work at Sunnyside Park (Improvement Project No. 1012) and for basketball court replacements at Sunnyside Park and Begin Park (Improvement Project No. 1013) Request for Action October 22, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director of Parks and Recreation Agenda Section Consent Item Number 6.5 Agenda Title Resolution approving final payment request to Flagship Recreation for Sunnyside Park playground project (Improvement Project No. 1012) in the amount of $1,865.34 Requested Action Staff recommends that the City Council approve a resolution to accept the new play equipment for Sunnyside Park (improvement project no. 1012) and authorize final payment to Flagship Recreation in the amount of $1,865.34. This brings the total playground equipment and installation amount to $74,166.14, which is the amount of the original contract award to Flagship Recreation and Landscape Structures. All necessary paperwork has been received from the contractor including an IC 134, as well as the safety audit called for in the agreement. Staff recommends release of the final check. Background Sunnyside Park is located at 471h and Quebec avenues. The playground equipment was last replaced in 1993 and was repainted in 2008. After a survey to the neighborhood, a planning committee was formed with representatives of the neighborhood, city engineers and city staff, who met a number of times to study the best type of equipment to recommend and developed plans that would meet the park needs. The final plan was approved by the City Council in April 2018 and the majority of the equipment was installed in June. The final installation of the picnic tables and sun shades took place in September. Funding Funds are available for this project in the Park Infrastructure Fund which is levy funded each year. This spring, staff also applied for and received a 2018 Hennepin Youth Sports Program Playground grant for the Sunnyside Park playground project in the amount of $25,000. When the site work portion of the project is complete, staff will submit a final report for reimbursement. Attachments • Resolution • Final invoice from Flagship Recreation I: \RFA\P&R\PARKS\2018 \ #2012 Final Payment Flagship Recreation \ Q&R - Sunnyside Park equipment final payment.docx City of New Hope Resolution No. 2018-116 Resolution approving final payment request to Flagship Recreation for Sunnyside Park playground project (Improvement Project No. 1012) in the amount of $1,865.34 WHEREAS, this project is included in the 2018 CIP and the 2018 Park Infrastructure budget; and, WHEREAS, the city entered into a contract with Landscape Structures and Flagship Recreation for the purchase and installation of playground equipment for Sunnyside Park; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of the playground installation part of improvement project no. 1012 and approve final payment to Flagship Recreation in the amount of $1,865.34; and, WHEREAS, staff has reported that all work has been satisfactorily completed and recommends that final payments be made; and, WHEREAS, the funding source for the Sunnyside Park playground project is the Park Infrastructure Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the playground equipment and installation at Sunnyside Park, improvement project no. 1012 from Landscape Structures and Flagship Recreation. 2. That the city manager is hereby directed to authorize the final payment of $1,865.34 to to Flagship Recreation. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 22nd day of October, 2018. �a;yyor' P Attest: City Clerk Flagship Recreation i, 275 East 4th Street STE 810 #lagshi — St. Paul, MN 55101 �ecreatio� Phone # 763-550-7860 Bill To CITY OF NEW HOPE 5500 INTERNATIONAL PARKWAY NEW HOPE, MN 55428 Invoice Date 9/24/2018 Invoice # F7860 P.O. Number Ship To SUNNYSIDE PARK 4700 QUEBEC AVE N NEW HOPE MN 55428 Quantity Item Description Price Each Total Amount 1 INSTALLA INSTALLATION OF SHADE AND PICNIC TABLES 1,865.34 1,865.34T RECEI'Vffl', OCT a f 201 vp@�, PURCHASE DESCRIBED 35 Pubircworks aoMPLETE & CORRECT CHAR E TO ACCOUNT # f 7-1 Leo Supervisor Date authorization Dept Head In authorization Thank you for your order! Subtotal $1,865.34 Sales Tax (0.0%) $0.00 Total $1,865.34 to .11n^tt�� �Cr3� $ 0.00 Deposit Iola I ' Balance Due $1,865.34 ,/(I t 1 1 V v Terms - Net 30 days 1.5% finance charge on remaining balance Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: Important Messages 1413357568 3261802 CITY OF NEW HOPE 01-Oct-2018 06-Oct-2018 SUNNYSIDE PARK $1,600.00 No Subcontractors 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) wi[hhoIdinQ.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going into your History. This message and any attachments are solely for the intended recipient and may contain nonpublic / private data. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify us and immediately and permanently delete this message and any attachments. Thank you. Jaqui Zamora I Project Coordinator I CPSI Flagship Recreation 763.550.7860 www.flagshipplay.com WE'VE MOVED! Our new address is Northwestern Building #810 275 4th Street E St. Paul, MN 55101 Request for Action April 9, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director of Parks and Recreation Agenda Title Agenda Section Development & Planning Item Number 8.1 Resolution awarding low bid of $190,083.80 to Midwest Asphalt Services for playground site work at Sunnyside Park (Improvement Project No. 1012) and for basketball court replacements at Sunnyside Park and Begin Park (Improvement Project No. 1013) Requested Action Staff requests approval of a resolution awarding a contract for the site work portion of the improvements to the playground at Sunnyside Park (improvement project no. 1012) and the basketball court improvements at Sunnyside Park and Begin Park (improvement project no. 1013) to the lowest responsible bid, Midwest Asphalt Services, in the amount of $190,083.80, which includes the base bid and Alternate 3. The site work portion of the playground project will include replacement of the playground container, entrance ramps, and replacement of the trail from Quebec Avenue. Alternate 3 will include installation of the engineered wood fiber with fabric and playground mats that will be located under the swings and slides. Staff will handle the removal of the existing equipment and sand and the installation of the benches and portable toilet enclosures. It is anticipated that work would begin late spring with the majority of the project being completed by early summer. Background Sunnyside Playground The playground equipment at Sunnyside Park is currently the oldest playground in the New Hope parks system. It was last replaced in 1993 and was repainted in 2008. In November 2017, a mailing was sent to area residents to gather some initial information on what they would like to see included in the new playground. This process has worked well in the past and staff appreciates the input from the neighbors. The committee made up of residents, representatives from Flagship Recreation, and staff from Stantec and the city met on January 18, 2018 to view plans that were designed based on the resident surveys, park size and budget. After discussion, the plans were modified and then reviewed at a second committee meeting on February 15, 2018. Basketball Courts The basketball courts at both Sunnyside Park and Begin Park were re -built approximately 25 years ago and have had maintenance performed several times over the years. They have deteriorated to the point of needing replacement. Staff annually inspects the court surfaces at all of the parks to determine what maintenance should be performed to keep the courts in good working order. Court surfaces need periodic crack filling, resurfacing and repainting to keep them safe for users. When court surfaces have been resurfaced too many times, the I:\RFA\P&R\PARKS\2018\Combined #1012 and N1013\4-9 Award Contract for site work and courts\ Q&R- Award contract.docx Request for Action, Page 2 surface easily flakes making further resurfacing improvements impossible. In this case the only repair option is to replace the court. In addition to the courts, the basketball hoops will also be replaced. Staff has applied for a 2018 Hennepin Youth Sports Equipment Grant for the basketball hoops, which could reduce the funding needed from the Park Infrastructure Fund. On February 26, 2018, the City Council approved the plans and specifications and authorized the advertisement of bids for these projects. On March 30, 2018, bids were received from nine contractors. The lowest three bids are listed below and the full bid tabulation is attached: Base Quote Alternate 1 (Hydroseed w/mulch) Alternate 2 (4 benches) Alternate 3 (Engineered Wood Fiber, Fabric and Mats) Engineer's Estirmte $207,000.00 ($8,650.00) $6,300.00 $17,000.00 Midwest Asphalt Services $176,464.00 ($8,650.00) $4,300.00 $13,619.80 Dunaway Construction $187,356.85 ($11,461.25) $3,839.00 $11,771.80 Sunram Construction $200,421.00 1 ($2,811.25) $13,500.00 $13,083.10 Midwest Asphalt Services completes general construction site work, as is proposed with the improvements at Sunnyside Park and Begin Park. Recommendation It is the recommendation of staff and the city engineer that the City Council award the low base bid of $176,464.00 for improvement projects no. 1012 and 1013 and include Alternate 3, bid at $13,619.80, to Midwest Asphalt Services. This would bring the total award amount to $190,083.80. Funding These projects are included in the 2018 CIP and the 2018 Park Infrastructure budget as shared with the Council during 2018 budget discussions. Total funding of $390,000 (improvement project no. 1012 - $240,000 for the playground and trails; and improvement project no. 1013 - $150,000 for the basketball courts) is available in the Park Infrastructure Fund and Park Dedication Fund. The Park Infrastructure Fund is levy funded each year. The Park Dedication funds were collected as part of the Centra Hgmes development and is included in the Park Infrastructure Fund. The cost breakdown of both projects: Site Work/ Basketball Courts Costs Playground Site Work and Basketball $176,464.00 Courts - Base Other Estimated Costs Total Project Estimated Costs Request for Action, Page 3 Alt 1- H droseed w/mulch not recommended Alt 2 - Benches (4) not recommended Alt 3 - Engineered Wood Fiber, Fabric and Mats $ 13,619.80 Indirect Costs $ 40,060.00 Picnic Tables and Installation $ 74,166.14 1 -Equipment, Park Signs *$ 2,590.00 Concrete pads, bathroom enclosures $ 10,000.00 Benches (4) $ 3,000.00 Estimated Total $190,083.80 $129,816.14 $319,899.94 Amount Budgeted $390,000.00 * New park signs were purchased at the end of 2017 using part of the HRG grant. Attachments • Resolution • Copy of plans and specifications • Copy of the bid tabulation and Engineer's memorandum • 2018 CIP list City of New Hope Resolution No. 2018-54 Resolution awarding low bid of $190,083.80 to Midwest Asphalt Services for playground site work at Sunnyside Park (Improvement Project No. 1012) and for basketball court replacements at Sunnyside Park and Begin Park (Improvement Project No. 1013) WHEREAS, these projects are improvements which add to the value of these community assets; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the bid from Midwest Asphalt Services in the amount of $176,464.00 base bid plus $13,619.80 for Alternate 3 (total $190,083.80) for the site improvements of Sunnyside Park and basketball improvements for Sunnyside Park and Begin Park is the lowest responsible bid submitted; and, WHEREAS, the city engineer has recommended that Council award the contract to Midwest Asphalt Services; and, WHEREAS, the funding source for the projects are the Park Dedication Fund and the Park Infrastructure Fund. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of New Hope, Minnesota authorize entering into a contract for the improvements at Sunnyside Park and Begin Park with Midwest Asphalt Services for $190,083.80. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 9th day of April, 2018. Mayor Attest:ga��L-Lt— City Clerk PUBLIC WORKS N VICINITY MAP 01200i9W scale In Mt CITY OF NEW HOPE 2018 PARK IMPROVEMENTS: SUNNYSIDE & BEGIN PARKS CITY PROJECT NO. 1012 & 1013 STANTEC PROJECT NO. 193804148 LOCATION: \RK 2018 SHEEP INDEX GO,01 TITLE SHEET 'LOCATION: CO-01 SITE DEMOLITION: SUNNYSIDE PARK .DE PARK CW2 SITE DEMOLITION: BEGIN PARK C3.01 GRADING& DRAINAGE PLAN: SUNNYSIDE PARK C6.01 PLAYGROUND IMPROVEMENTS: SUNNYSIDE PARK C6.02 BASKETBALL COURT IMPROVEMENTS: BEGIN PARK C8.0I-CM3 CONSTRUCTION DETAILS :7 SHEETSTOTAL }SURFACE UTILRYINFORMATION: SUBSURFACE UTILITY INFORMATION ON THIS PVJJ 15 SHOWN TO MLTTY QUALITY LEVEL ACCORDANCE WITH LEGEND PROVIDED BELOW, THIS QUALITY LEVEL WAS GEfEiMINED :ORDING TO THE GUIDELINES OF CI(ASCE 3-2, ENTTRED STANDARD OJ[DEINES PoR THE - ECRON AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA UTILITY DESIGNATIONS : SHOWN ON DRAWII 002. MLCTY�UALITY LEVELS: LEVEL D - INFORMATION COMES SOLELY FROM EXISTING MLITY REORDS. LEVEL C - SURVEYING ABOVE GROUND UT11-1- FACILITIES, SUCH AS MANHOLES, VALVE BOXES, ETC; AND CORRELATING THIS INFORMATION WITH FOISTING UFILTTY RECORDS. LEVEL B - THE USE OF SURFACE GEOPHYSICAL TECHNIQUES TO DETERMINE THE EXISTENCE AND HORIZONTAL POSITION OF UNDERGROUND METRES LEVEL A - THE USE OF NONDESTRUCTIVE DIGGING EQUIPMENT AT HORIZONTAL AND VERTICAL POSITION OF UNDERGROUND UTILITIES, AS W AS THE TYPE, SIZE, CONDITION, MATERIAL AND OTHER CiPRACiEWSTICS. PRIVATE UTILITIES ARE SHOWN IN THE LOCATIONS PROVIDED BY THE OWNER PRIOR TO CONSTRUCTION. KATHI HEMKEN JOHN ELDER ANDY HOFFE ERIC LAMMLE JONATHAN LONDON KIRK McDONALD SUSAN RADER BERNIE WEBER STEVE SONDRALL MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY MANAGER PARKS & RECREATION DIRECTOR PUBLIC WORKS DIRECTOR CITY ATTORNEY G0.01 mil F$10E!TvP3 fL _ — _ — — , �'— L 1 _ _ _ _. '- B , NOTES: U / 1-CITY WILL REMOVE EXISTING PLAY EQUIPMENT, BENCHES AND DESIGNATED TREES PRIOR TO W \ J CONSTRUCTION. 4J 2 CITY WILL REMOVE AND STOCKPILE SAND ON -SITE. _j 3 REMOVAL OF EX. TRAIL AND BASKETBALL COURT TO p�+p�TV PROTEC. Tx FErICE� P1`s(]TECT. F7C INCLUDE UNDERLYING AGGREGATE SECTION AND ANY DRAIN TILE DISCOVERED- PERIMETER q, SILT FENCE PERIMETER PROTECTION SHALL BE LINE ..iT1•ai INSTALLED PRIOR TO ANY EXCAVATIONS OR BEGIN, —�1-REi5 REMOVALS — x[. �x "•� BENCHES BE REMOVED _ r -1 -----SILT FEMi BY OWNER REMOVE TRA9f CONTAINERS (2) CONTRACTOR TO REMOVE PLAY Nc CONTAINER CURB/TIMBER EDGING. v - II PpimTo PRaBcT 0ZT1NG�mio 1 - VVILL BE REMOVED AND STOOLPT s TREE TO BE �:• I REMOVED BY DWNER (TYP) 913 )� - 'E EX-N -BALL )P (2) SILT FENCE (TYP) � f �3 [/. \ REMOVE DRAINTILE IXACT -' - + y p-. . LOCATION AND DEPTH TO.BE - TREE TO BE DETERMINED IN FIELD y REMOVED BY RFMWEIX, - a OWNER {I"YA] . BIfUM1NW5 "' TRAIL (TYP) A • < 1 - Y. �� �� [f Y6 / _ EX BASKETBALL 11lf COURT 11 1 • f PAfTFEiF EXISTING FENCE PRORZTEX CURB WHERE NOT DESIGNATED TO BE REMOVED (TYP) rr, REMO* 20 OF OF IX, CURB AND ADJACENT BITUMINOUS PAVEMENT (TYP) r r / / i / o zo ao UL 0 z LL 0 U u 'i �r41 rao —wo--w-0—ro-o—wo—wa—w-0—'�.. — w-o w-0 w-0 - wo •�-o—Go- w�-aa—ca—an—now—�o—s c'o .• �o—Uo—oo—ao—z�, e5�`-==-woT�- —o-o _�o—"e-o—en-- wo ------4e�rt—o-o—�o�.°--.a-o—wP—ao ---o-o --•- �-- - � ___=_=i _';__--__;-__-__;" .. .___--�_ "__- _______.5#{ 55TH AVE N PROTECT IX CURB {i'fPj gtIRJ'yE EQSTING - - CONCRETERAMP - - _ _ _ __ ____ _ --__ _ ___ _ ..__.. ... __ -- ` _ _ - -�_ ==__- --- =- - - _=- =- == = - - qD—W—W—fA�GO— 90--6tt^WOO---iO�OY — ��OO�OD 'OO—WfA— OO�OO—GO-- TWO—W—Go�6v 'T-00 .. REMOI �� I PROTECT ETC BITUMINOUS _ 1 I I TRAIL TREES (TYP) f- II% III City WILL RELOCATE EX PRIOR O PORTABLE TOILET RIORTO Y 1 REM E ETC TRASH ' 111 �. �j START OF CONSTRUCTION 1 CONTAINER MP) ' I II a 11 + f 3 d II PROTECT IX. C£ CHAIN LINK FEg/ -�TECT EX 6" PERF �� Z II ! DRAIN TILE WITH t w SOCK (IYP) r Z m z III Y8 ILLS- 1�1 �� - " ► c- Y, Lu ; n SAWCUT EX SnUM NOUS-- ,� 1 f O Z N w Q = u p ! 2> mom 1 > N N w •� 1-RENICNE BASKETBALL 1 lL _ 1 HOOP (2) i O > o 7GG 1 PROTECT IX. L1GHI � } O U � 1 1 a {E �RENKM EX. BASKETBALL COURT, (BITUMINOUS SURFACE ONLY) .I PROTECT UNDERLYING IX 8" / AGGREGATE CL 5 AND 12" 1 GRANULAR BORROW I'IREVISICN DATE _ I 1 Zt f ,/ - --- - --- -- -- l N /`o _• PROTECT EXISTING TENNIS COURT AND PLAY CONTAINER AREri - Ln/ .� CO.02 NOTES: - r' 1. COMMON EXCAVATION BID ITEM INCLUDES THE FOLLOWING: v 3 REMOVAL OF AGGREGATE BASE BELOW EX. TRAILS AND BASKETBALL COURT a% OVERALL SITE GRADING SHOWN 41 REMOVAL OF ANY EXCESS SOIL FROM EXCAVATION OF COURT AND PLAY ;zha , { L_ _ _ _ — CONTAINER N m s ! — J L- — — — — REMOVAL OF ANY UNUSED SAND WHICH WAS STOCKPILED BYOWNER {y z BE PORTABLE TOILET PAD AND CONCRETE BENCH PADS WILL 41 COMPLETED BY OWNER 3, INSTALL 5" LOAM TOPSOIL BORROW OVER ALL DISTURBED AREAS TO BE A$;y ` RESTORED. BASE BID COMPOST MULCH TO BE 2" IN DEPTH. INSTALL T01" f Y zsns L- — — — — — J HIGHER THAN FINISHED GRADE TO ACCOUNT FOR SETTLEMENT. =5.= 4, DRAINTILE CLEAN -OUTS LOCATED OUTSIDE OF THE BASKETBALL COURT SHALL BE INSTALLED WITH A CAP AND METAL DETECTION ROD AND PLACED 5" � d 1 BELOW FINISHED GRADE. ,z 5, DRAINTILE CLEAN -OUTS LOCATED INSIDE THE PLAY CONTAINER SHALL BE .a�Y ` rrr `1, NSTALLED WITH A CAP AND METAL DETECTION ROD AND PLACED 1Z BELOW r >•T �xN ��___`�� FINISHED GRAD E, AT BOTTOM OF ENGINEERED WOOD FIBER MULCH AND PROTRUDING THROUGH GEOTEXTILE FABRIC.e�. RM 911.76`� 4 _•ice`. 1 _ Z `4- IRV9II9.]56'SE -- �SrAflp - + �• .� !=all-` +, i` i/ -<'� I/ �_ f! 1 rj w - 6" NON PERFORATED DRAIN iaE y` 1 , r1 1 - _ _ y- - +�fy` �'1,-,� •• 1 Q fr rr = a 40 r r fr �q17 �- c�� �yf PVC CLEANOUT(IYP)~^ �• r i� .Y } ,1�1 , �i ti f fr 5 Ir Ta j�. BERM t N Mf 1/ r ��! ! L_ r� I�� ��-J" -s.•. '1 ^lf_`, i+ rf .1• it -e � 03p� }YW. ! 11,!! r frf _Na$ GRADING & RESTORATION LWSTS r I k ! I 1 f 1 i /fr r - _ � i ! jar% :.r y � t `.`._ Ir+I'` 4•�=ie��V � ✓.r fr {� I r 4• PERFORATED r 91]-111 r DRAIIJTlLE'. di i y •tea 1 %� �-U, Lp + I 3ww 9� ��r• i - -- �1'+ rr Q z -yew /r Uj -_ 4" PVC CI-FAr lfi .' NO Z � . J "NON �P) !0 I . ' PERFORATED O N o d Illj I.,Ru1913�u DRAINTILE ^' - `ry ^r' r > - O S nry 90&n E hw % I J J r� • W h 4 .. ` INVW9.]59'W 2.0I -•I jrrrf Z wOz i M999ZCfa PST I .° '' _•�fJ+� /^ w}m EX. TREE Ur I r'1� //'�k?II� I� r'f"�� ^r 0 > U z n Y. _ �ll..`r V PERFORATED PROTECT E#51TNG r a WLIH SOCK I ti � BASEBALL DIAMOND a T---—_-jII L------IADM L /INSTALL : INSTALL RB. SEE _ABRIC, DETAIL OOD FIBER -ZhAYGILOUNO 11. _ \ INSTALL ACCESS RAMP WITH $^ti- PROTECT EEC- FENCE RESILIENT SURFACING- SEE ! ` Mh , CWrAIHER WITH 8" SAND. SAND TO BE EITHER (TYP) C/D ON C8.01 FOR DETAIL _ _ ON -SITE STOCKPILED SAND, IF ACCEPTED BY ENGINEER, OR GRANULAR BORROW. rrr 6 rI r S' CONCRETE PAD TO BE - _ ri COMPLETED BYOWNER GRADING & RESTORATION LIMITS ! d. L TOPRM1 fI p' ALTERNATE #2: F&I BACKED BENCH- I - ♦y I'I r ; !!! 11111 jHyTALL CONCRETE ry ++ 6" CONCRETE PAD TOES 5 F ------ PLAYGROUND ACCESS RAMP- SEE y I E/F ON CB OS FOR DETAIL- �r r IIr COMPLETED BY OWNER - � lr• ALTERNATE #2: F&I BACKED BENCH PORTABLE TOILET PAD PRIVACY SCREENING TO BE 'd COMPLETED BY OWNERS ` $ rr BASE BID: RESTORE WITH 4 LOAM TOPSOIL, COMPOST I BLANKET BLOWN WITH SEED • - _ _ 4 INSTALL 8' WED11 -. :•:::::::::: :::-:: :.-:---.__::-1913.m e! BITUMINOUS TRAIL. "::.�`•'•L :e. " ALTERNATE #1: RESTORE W1TH HYDROMULCH WITH SEED IN .•:?�i'':•" ... SEE I/C8.03 FOR _�• - { 6- CONCRETE PAD TO BE TYPICAL SECTION LIEU OF COMPOST BLANKET I l COMPLETED BY OWNER ALTERNATE #2: F&I I 67ALL 6" CONCRETE PEDESTRIAN Y 6" CONCRETE PAD TO BE _ - _ BACKLESS BENCH RAMP- SEE STR-7 ON C8,02 FOR GRAOFHG AND COMPLETED BYOWNER ALTERNATE #2: F&I BACKED • DETAIL. _ - DST" BITUMINOUS BASKETBALL - INSTALL 20 LF OF C&G AT RAMP BENCH , COURT WITH 2-COLOR SURFACE FIISH NLIMITS LOCATION WITH BITUMINOUS -•••"" - % �: r-fS• SYSTEM AND PAINT COURT LINES. STREET PATCH. SEE STR-310N '.:::f!?: ::: Sr� SEE I/C8.03 FOR TYPICAL SECTION DETAIL. t$- SEEK/C8.03 FOR COURT LINE 1� PROTECT EM5rM DIMENS10N5 BASEBALL DIAMOND ,y INSTALL WSFXTBALL - ..._ .. c .rr . f��� ♦ti `1 ! HOOP (TYP)PROTECT r ' FEN i t .r� - I NOTES:IX. 1. INSTALL 5" LOAM TOPSOIL BORROW OVER ALL DISTURBED AREAS TO BE RESTORED. BASE BID COMPOST MULCH TO BE 2" IN DEPTH. INSTALL TO 1" HIGHER THAN FINISHED GRADE TO ACCOUNT FOR SETTLEMENT. 1 n o.. • IF ALTERNATE #1 IS AWARDED RESTORATION WILL BE BY HYDROM ULCH WITH MNDOT SEED MIXTURE 25-151 IN LIEU OF THE BASE BID RESTORATION METHOD. ? 2, COORDINATE WITH FLAGSHIP STRUCTURES FOR PLAY EQUIPMENT INSTALLATION, CITY CONTRACT FOR PLAY EQUIPMENT REQUIRES THAT INSTALLATION OF 1 EQUIPMENT WILL BE COMPLETED WITHIN 10 WORKING DAYS OF PREPARED SITE. PLAY EQUIPMENT SHALL BE INSTALLED AFTER THE PLAY CONTAINER CONCRETE CURB IS INSTALLED AND SUB BASE IS PREPARED, AND PRIOR TO INSTALLATION OF . • SAND (DRAINAGE AGGREGATE), DRAIN TILE, CONCRETE RAMP, GEOTEXTILE FABRIC AND ENGINEERED WOOD FIBER IN e • SWING EQUIPMENT SHOULD BE INSTALLED AFTER THE ACCESS ROUTE IS PREPARED AND PRIOR TO SYNTHETIC RESILIENT SURFACING. SPECIFIC SCHEDULING AND T SEQUENCING MUST BE VERIFIED WITH PLAY EQUIPMENT INSTALLATION CONTRACTOR. TRUNCATED DOMES TO BE CHARCOAL IN COLOR. 4. MATCH EXISTING CURB AND GUTTER TYPE. r 5. ALT, #3 INCLUDES F&I OF PLAYGROUND MATS. IF AWARDED, THESE MATS ARE TO BE INSTALLED 2" BELOW THE ENGINEERED WOOD FIBER MULCH AT END OF SLIDES, 1 AND UNDERNEATH SWINGS. TWO MATS WILL BE PLACED UNDER THE FRIENDSHIP DOUBLE SWING. rI c m 6. SUBSTANTIAL COMPLETION (EXCEPT BASKETBALL COURT) JUNE 8, 2018. BASKETBALL COURT SUBSTANTIAL COMPLETION BYJUNE 29, 2018. C6.01 OWNER TO INSTALL CONCRETE RAMP UPON COMPLETION OF BASKETBALL COURT - � ---------- INSTALL BITUMINOUS TRAIL — INSTALL BASKETBALL HOOP (TYP.) W MATCH EXISTING BITUMINOUS AT SAWCUT LINE PROTECT EXISTING CHAIN LINK FENCE 55TH AVE N NOTES: 1 INSTALL 5" LOAM TOPSOIL BORROW OVERALL DISTURBED AREAS TO BE RESTORED. BASE BID COMPOST MULCH TO BE 2" IN DEPTH, INSTALL TO 1" HIGHER THAN FINISHED GRADE TO 41 — ACCOUNT FOR SETTLEMENT, 2. TRAIL SECTION TO HAVE 6" AGGREGATE BASE AND GEOTEXTILE FABRIC AS PER DETAIL JIC8.03. ig 3. SUBSTANTIAL COMPLETION JUNE 29, 2018. 41 N 3.yy. PH ago — PROTECT EXISTING PLAY CONTAINER SHAPE AND COMPACT EXISTING AGGREGATE BASE, INSTALL 3" THICK BITUMINOUS BASKETBALL COURT WITH 2 COLOR SURFACE FINISH SYSTEM. SEE SHEET C8.03 FOR TYPICAL SECTION AND STRIPING DIMENSIONS. z L1 EL S z O } F— U a C6.02 I. NOTE: PROVIDE 3(8 IN. EXP. JrS. WITH PREMOLDED MATERIAL JOINT MATERIAL AT 30 FT. INTERVALS. lR FINISHED GRADE IF REINFORCED CONC. CURB -EXPOSED SIDE SURFACE TO BE AS NON-ABRASIVE SURFACE MATERIAL FINISHED GRADE OR ADJACENT 10^ TYP AS POSSIBLE, TOP SURFACE SHOULD BE LIGHT BROOM FINISH MATERIAL h9C(NESS r� PAVING. SEE PLANS. SMOOTH SCORE Jr, S' O,C_ SLOPE TOP OF CURB TO DRAIN INTO CONTAINER DO NOT PLACE SURFACE MATERIAL UNTIL AT 1-2%, EXCAVATED DEPTH AS BEEN APPROVED BY t b 3" RADIUS, EXCEPT FOR WHERE RAMP JOINTS TO CURB PIPE PLUG. SECURE METAL TAG TO PIPE PLUS ^• LANDSCAPE ARCHITECT. (g CAPABLE OF BEING DETECTED THROUGH SURFACING i ENGINEERED WOOD PLAY SURFACE MATERIAL WITH METAL WEC,CiL - 8" SAND (IMPORTED GRANULAR BORROW ■ A �» �>! I 12"LOOSE VOLUME DEPTH. :- - .✓ n OR SALVAGED MATERIAL) v, �_E p (2) #4 CONT. REBAR C tG 2"MIN. '{ L' �• r { 4" DIA. RIGID SCHEDULE 90 55_ FORM FINISH CURB. BACK CURB MUST SALVAGED OR IMPORTED NON -PERFORATED PVC A♦PE'_ # R ISS EXTEND TO DEPTH OF SAND GRANULAR BORROW -- 17 r[ _ 45 DEB. BEND SCHEDULE 90 PVC FfFTIN6 - _ . 9" DIA PERF. PO DRAINAGE LS COMPACTED 5laGRi117E _ • _ _I LANDSCAPE PIN, 29" « f;llTi1LI _ - E! _ I'. �' i TUBING JJ HAND FORM CURB FACE _�.fI - 9" PERFORATED SCH. 40 f -! ii�i�c'�i^rn 7 'i PVC DRAINTILE WITH SOCK. - 11 APLAYGIRMIHO CLM AHC».HNryLE B D?AM 77LE CLEAMOUT TH PLAY CNCASMFR NOT TO SCALE MATCH TOP OF PLAY CURB HOLD DOWN MULCH AT DO NOT FORM RAMP TO PROVIDEAC�SIBLE RADIUS ON CURB 25 ROUTE INTO THE CONTAINER (ALT. NOTE: WHERE ABUTTING r 4" THICK REINFORCED CONCRETE NO, 3) 1. CONTRACTOR TO STAKE AREAS OF SAFETY SURFACING FOR APPROVAL AFTER SWING IN RAMP } 2. CONTRACTORTO PROVIDE SPECIFICATIONS FOR AGGREGATE BASE COURSE, CONCRETE AND SCHEDULE FOR INSTALLATION }` RESILIENT SURFACING, PER 3. SEE SPECIFICATIONS FOR PRODUCT AND COLOR INFORMATION. r MANUFACTURERS SPECIFICATIONS - ENGINEERED WOOD FOR B' FALL HEIGHT. APPROX. FIBER MULCH (ALTERNATE N0, 3). i THICK REINFORCED CONCRETE I 1%MIN SLOPE ' DEPTH 2 AGG. BASE COURSE, AS SPECIFIED PECE �' RESILIENT SURFACING, PER MANUFACTURERS SCATIONS COMPACT T0100%STD. • •• -i - ._~ _ S GRACE THICKNESS 20" YI. _ - _ - - FINISHED FOR B' FALL HEIGHT. PROCTOR DENSITY. TM r. VARIES: 19"TO 10" i .i .: '`..} - - J %• FABRIC ENGINEERED WOOD . • • - . �� ... •. _ - - - PLAY SURFACE MATERIAL Z DEP SURFACE m ' li. ��1 i�_ .. �• ._ �II� �IEIa.3�I1��iCI� `C._1• - rSAW (�,-4E,7 - - - y. l.•. � + __ 6EOTECRLE Z df .. _ '. . .... - : I . �.. 1 •i: N/iTMAL OR i%V %AA ..I FABRIC BORROWII-i::-! l::-: O COMPACTEDk I�I ` I I"-. AGG. BASE COURSE, AS .. t•• �:�1��_ �B"SAND d 10 14 AT 12" O,C SPECIFIED COMPACTTO SUBGRADE 16• yyypSgpB PIN, 24-OC 4 r r -V-- EMBEDMENT MIN MIN. IW%STD- PROCTOR O<wPACTEC SUBGRPDE �_ DENSITY. _ 0 LANDSCAPE PIN, 24" OC � 0 (BOTH SIDES) Lu N U U C CONO ETE RAMP W{TN yYTIlL¢TIC RESiIIETR SUR:+CI +G LAY IAFTTi3JT CdiIIAiNF3 ^ [aarrnETe PA MP WITH SYRPHETIC — SIT RF GIHG • Z w O G �y]y V NOr Tp Sorj M „000YM MULCH AT O %-O MATCH TOP OF RAMP TO PROVIDE ACCESSIBLE } o ll PLAY CURB L].4 ROUTE INTO THE CONTAINER(ALT. H d DO NOT FORM - 4" THICK REINFORCED CONCRETE NO. 3) U RADIUS ON CURB Y WHERE ABUTTING f THICK REINFORCED CONCRETE . ENGLNEffim wo ]O < FIBER MULCH (ALTERNATE NO. 3) CMV,OM BASE COURSE, AS SPECIFIED CL 2%SLOPE COMPACT TOICKN SID,PROCTOR VARIES (B'-B') �{ TO 101, Y. THICKNESS VARIES: 14" W • TO 10" O FINISHED GRADE I ' ]�•� • Y. - =;i =;J C= 5.� _ . i F �Tgryg I ENGINEERED MOD PLAY SURFACE MATERIAL 1 bL -•.'- _ �-S -RAC _ .. .�_.y _• Fl8R1C _ _ _ y'X �T-±, •�'�: - '�=i ^L _MATERIAL GEOTEXTILE .. i I l�l- !F"�'. •.'•'E�I:'... .: P-7 I lf��:• FABRIC - - - - T SAND (SALVAGED -{'T ` �'( _ - • -. _ -• _ •` tr. r` 1■ ` MATERIAL OR GRANULAR I;(' -:II '{ I`�VI!�-i l �•:1�-`��:�,;;- 1`= 11 [ BORROW) r- ; ...¢ I�I� 6"SAND AGG, BASE COURSE, AS �.i /� TED SUBGRADE #4 AT 12"O,C, SPECIFIED COMPACT TO Itc LANDSCAPE PIN, 24"OC 4" EMBEDMENT MIN. 100%STD, PROCTOR LANDSCAPE PIN, 24" OC DENSITY, i (BOTH SIDES) 1 E rNOT o PLAY COHTAT/IFJL LCH[RETF Q1MP �JPLAY COONTAINER CONCRETE RAMP - FRONT PROFILE RAMP NOTES: 1. CONTRACTOR TO VERIFY ALL EXISTING SPOT GRADES IN PLAYGROUND AREA PRIOR TO INSTALLATION OF RAMPS. CONCRETE NOTE: 2. CONCRETE RAMPS ARE DESIGNED TO EXTEND 3" fi" BELOW THE TOP SURFACE OF THE ALL OUTSIDE EDGES AND JOINTS SHALL BE TOOLED WITH AY" ENGINEERED WOOD FIBER MULCH BEFORE TRANSTRONING DOWN TO THE BASE RADIUS TOOL BRUSH FINISH CONCRETE SURFACE AFTER ? COURSE RAMPS MUST NOT POSE ATRIPPING HAZARD OR FAIL TO PROVIDE AN TOOLING Fr ACCESSIBLE ROUTE INTO THE PLAY EQUIPMENT CONTAINER C8•01 KEY NOTES: p 1. T-p-length, 5 N--,—nex ,I 2 Gm[es[Ae shall mee[MM0TBpec 3806. pjt anchorage tree and back) .- t - t nmual mll 9. PIanIC zlp tks (3 m d,d (p SOIb [ ft) locatetl an [op B' 5 Marl,lrenlx e'-12'Eed pl A6'Ra16 6 sln Tercem wap aroana van a<lean 190' ED RlNCFF %[W DWarHP(C�� E $a PDST 3oIrm1G MANUAL INETAUAnON MACHINE BUCED F STANDARD & HIGI-FLOW STANDARD & HIGi-FLOW F SILT FENCE INSTALLATION�crry OF NEW HOPEMN PPE0lS7INVERTSH0ULD BE I/2 DIAMETER 6 PIPE AND BENCHES SIDPm Z TOWARD BWER'T. ,I ! AUNAW F* ALNL L'E ►.AT9'J0 THATIX ETHOLEINTOPSLAB6 FJG01G00'M6elIFAT1. CASTING R-16A2 OR PLAN APPROVED EQUALAS SOP , P. W HOPE STORM LID, UM OF 3 MANIMUM aF s XDPE aDJUSTMEM RINGS N05HLM5 NL0NID w MUMIZ'AW AAp� D.a�. MP%IMUM tY'AD]USTMEIR ALLONFD. TOP OF BARREL SECTION EEUD TOP SLAB 1L71i1YE iAifOP IEdE SPAM WT14 2 BEADS OF RAMN W OR EQUAL YAR>es MANHOLE STEPS, 16" ON CENTER IOLNTS INMANHCIETd W.VE "d RLNGRUBBERC✓S(FIS ]DINTB ID BE STALED WrtH INFl-sXLDOV,PAP. PIPE SHALL BE CUTTO BE Z INSIDE MANHOLE AT THE PIPES MIDPOINT DOGHOUSES MUST BE GROUTED BOTH INSIDE AM OUTSIDE SECTION STORM SEWER JUNCTION MANHOLE DEC 2mia ® Stantec wRH REINFORCED TOP SLAB CITY OF NEW HOPE, MN sTo-s a � eu m IrAeEse Ip'n • � 3sIDPE �D R Maoor &;xa a N" © r tz'nr S fa 6Bn TMOUNTABLE Pyr wlr ar m R J !a•R Brx ANDMDsfrnIXJ T�ilRaw DNVEwAv NatE:ID Ui1tITY TPENCHES lMTH 3'•CF CEDVER PB (R055E5 ® StanteC CURB AND GUTTER zc DI5 DE CITY OF NEW HOPE, MN STRIA Kw wK RINGS (MAX 1z) WRAPPED IN WOVEN FILTER FABRIC QD.VmPARIST S THE FIFI W-4fm CATOA ws" WAR 1YFifL RWK m EZAS NTM Ttl�Y VF -4 27 6-PVC Pn ' S a 90" DIA X 5-THICK PRElAST REINFORCED —PEIE BASESLAB Stantec PRECAST 27" YARD DRAIN (YD) �nry w>e ® I CITY OF NEW HOPE, MN ST, c'n RCMm �D E a�,FRON- - rvG —ED E�U DEFER TO MnDOT GENERAL PEDESTRIAN CURB RAMP ® Stang DETAILS CITY OF NEW HOPE, MN HE NOTE: NOTE: N"HV"HUBV.2M EADED ENCLOSE LONGSWE-EPBEND PVC PLUG - DO NOTGLUE OR COMBINATION WYE IN tr.Y!',ffiElB SEATMA SECIAE *!'TAL TAG 19 BEIISEa METAL OEi TRfEX MAX s (TYP ) OTC PIECE A" PVC BGA. g YAW CLEANOUT!"R LONG TURN LY SCH- BNJD 90 BEN SCHHSWFFP ` 90 j c- ENCASE•P/C BEND IN COMPETE // 2 • •: • ; M. 1/3 CU. YDS L l- y PVC WYE IN C.C. lmT of m ros, END OF LINE CLEANOUT IN LINE CLEANCUT a PVC SERVICE LIN E QEANOUTS MAR 2ms F(3 Stantec JF—crry OF NEW HOPE, MN sETia G.AaD 6i�a0rr EYSNwSmAFnwx MCN� EwmN n�l0OL pi,1TWY�E ieYNw.�*AVAwA eALlnorp>,r.urrcr- TFR} o �rvG coNrnprnrn - mPa Ii1TR� : 3 + y, Ica us AArn «.+. s o•r - °my"aFF�YA-L: - f EwsnrvG Roawuv� � _ — f sA cu B e�G✓rli fX'sK94�I..ea S YTS A'L ikq ' 3Sl1: sfrnaN '"PE 's E.—CCNTRtt CONCRETE CURB REPLACEMENT FE9IDIl ® Stantec NON DRIVEWAY LOCATION CITY OF NEW HOPE, MN STR-31 !•:h r•ip MPACIED BAOffILL K r eeaArAeE - IDE -METER CF PII£ 'JWAY kw PIPE FOUNDATION & BEDDING GOOD SOILS ,TARgrtz I VL � V penOP IYiaYt IKaI Rlk(J 993&11�INTAI5 ARE 1 UTt I � • - :ps[x4Tbl • e aV,A MaOG Sk(_ !IhAfCP DIA DENDTES OUTSIDE DIA�1TMlry DNMETERffRiF iMPfn'),RG PIPE FdM10RTI0N EfFEEkpFy POOR SOILS PIPE FOUNDATION & BEDDING ®Stantec METHODS FOR PVC AUG zon CITY OF NEW HOPE, MN 9ED-1 u 4J Y/ s_ Im I 50, S v r TYR I ------------ ------------- LL2 aXOR SURFACE FINISH SYSTEM 3 WITH BITUMINOUS LEVELING COURSE :r BITUMINOUS WEAR COURSE, SP 9.5 SPWEA240C INSTALL IN TWO 1.5" LIFTS JE)MNG AGGREGATE BASE TYPICAL COURT PAVEMENT SECTION - BEGIN PARK NOT TO SCALE asa 11 TYP —0.01-IFF COURT SURFACE 'C PERFORATED DRAIN TILE SCH 40 WITH SOCKHOLE 2 COLOR SURFACE FINISH SYSTEM WITH BITUMINOUS LEVELING COURSE < rL 3r BITUMINOUS WEAR COURSE, SP 9.5 SPINEA24DC PIPE DETAIL TA INSLL IN TWO 1.3'LIFTS ;,r F C2_ 00 z 5 AGGREGATE BASE 18" COMPACTED SELECT GRANULAR BORROW LL! 0 I 1 0 Z GEOTEXTILE FABRIC, TYPE V (NON -WOVEN) EL 12 < COMPACTED SUB GRADE 0 TYPICAL PICAL PAVEMENT SECTION SUN�NYSIDE PARK L.LJ 0 z wok C� OT To NSCAULER :2 E 2 0 0 0 tz Of Os cO o ---�l W.P I'TYPE 1-1, WEARING COURSE MIXTURE, 2C (SPNEA240C) L6. AGGREGATE BASE, CLASS I en GEOTE)MLE FABRIC TYPE V, NON -WOVEN IF UNSUITABLE SUBGRADE DISCOVERED, ADDITIONAL EXCAVATION AND ADDITIONAL AGGREGATE BASE, CLASS 5, AS DIRECTED BY THE ENGINEER BITUMINOUS SCALE L. TYPICAL SECTION -AW BASKETBALL COURT MARKINGS LAYOUT NOT TO SCALE 4�-O I hereby certify ffiat this is an exact 3 Stant c Project Name: 2013 PARK IMPROVEMENTS: SUNNYSIDE & BEGIN PARKS reproduction of bidsreceiued. City Project No.: 1012 & 1013 Project No.: 193804148 Bid Opening: Friday, Mardi 30, 2018 at 10 A.M., CDT Owner: City of New Hope, MN (hristopherW. P.E. License #47106 Bidder No. 1 Bidder No. 2 Bidder No. 3 Bidder No. 4 BID TABULATION Midwest Asphalt Services Dunaway Construction Sunram Construction Inc. New Look Contracting Inc. Item # Item Units QtY Unit Price Total Unit Price Total Unit Price Total Unit Price Total BASE BID: PART I: SUNNYSIDE PARK IMPROVEMENTS 1 MOBILIZATION LS 1 $3,500.00 S3,5DO.D0 $12,450.00 $12,450.00 $15,400.00 $15,400.00 $15,000.00 $151000. 2 REMOVE DRAIN TILE PIPE LF 120 $2.75 $330•DO $8.00 $960.00 $9.00 $1,080.00 $5.00 $500.00 3 REMOVE BITUMINOUS PAVEMENT SY 900 $2.00 $1,800.DO $7.00 $6-VO-OD $2.75 $2,475.00 $5.00 $4,500.00 4 REMOVE EX. PLAY CONTAINER CURB LF 650 $1.50 $975.00 $5.00 $3,250.00 $7.75 $5,037.50 $5.00 $3,250.D0 5 REMOVE EX. TRASH CONTAINER EA 2 $30.00 $60.00 $50.00 $100.00 $250.00 $500.00 $150.00 $300.00 6 REMOVE EX. BASKETBALL HOOP EA 2 $55.00 S110.00 $300.00 $600.00 $550.00 $1,100.DO $550.00 $1,100.00 7 REMOVE AND REPLACE CONCRETE CURB & GUTTER LF 20 $48.00 $960.00 $40.00 $800.00 $65.00 $1,300.00 $50.00 $1,000.00 8 COMMON EXCAVATION (CV) CY 465 $15.00 S6,475.00 $20.00 Sg,3W.00 $17.50 $8,137.50 $11.50 $5,347.50 9 PLACE SALAVAGED SELECT GRANULAR BORROW CY 400 $2.70 $1,080.00 $6.00 $2,400.00 $12.50 $5,000.00 $7.50 $300.00 10 GEOTEXTILE FABRIC - TRAIL SY 420 $1.70 $714.00 $2.00 $840.00 $2.75 $1,155A $3.00 51,260.D0 11 SELECT GRANULAR BORROW TN 455 $15.00 S6,825.00 $16.00 $7,280.00 $20.00 $9,100.00 $15.00 $6,825.00 12 AGGREGATE BASE, CLASS 5 TN 535 $16.00 S8,560.00 $18.00 S9,630.00 $25.00 $13,375.00 $21.50 $11,502.50 13 BITUMINOUS ROADWAY PATCH SY 10 $55.00 $550.00 $22.00 $220.00 $42.00 $420.00 $35.00 $350.00 14 TYPE S.P.9.5 BITUMINOUS WEARING MIXTURE (2,C) TN 200 $89.00 $17,800.00 $96.03 $19,206.00 $59.00 $11,800.00 $107.00 $21,400.DO 15 6" CONCRETE PEDESTRIAN RAMP SF 150 $12.00 $1,800.00 $8.85 $1,327.50 $9.50 $1,425.00 $20.00 $3,000.1)0 16 TRUNCATED DOMES SF 16 $45.00 $720.00 $54.00 $864.00 $57.00 $912.00 $56.00 $896.00 17 4" CONCRETE SIDEWALK RAMP - PLAYGROUND SF 150 $12.00 $118D0.00 $8.85 $1,327.50 $9.50 $1,425.00 $16.00 $2,400.DO 18 CONCRETE PLAYGROUND CURB LF 300 $45.00 $13,50000 $24.70 $7,410.00 $26.00 $7,BM-00 $31.00 $9,300.00 19 4" CONCRETE RAMP WITH SYNTHETIC RESILIENT SF 150 $17.00 $2,S50.00 $22.25 $3,33730 $23.50 S3,525.00 $50.00 $7,50D.00 20 SURFACING COURT COLORING/STRIPING SY 630 $9.00 $5,670.00 $8.24 $5,191.20 $7.50 $4,725.00 $8.00 $51640.00 21 BASKETBALL HOOP WITH FOUNDATION LS 2 $3,500.00 $7,0DO.00 $3,750.00 $7,500.D0 $3,850.00 $7,700.00 $4,500.00 $9,000AO 22 6" PVC NON -PERFORATED DRAIN TILE LF 240 $7.00 $1,680.00 $11.00 $2,640.DO $17.75 $4,260.00 $25.00 $6,000.DO 23 4" PVC NON -PERFORATED DRAIN TILE LF 50 $7.00 $350.00 $10.00 $5D0.00 $16.50 $825.DO $25.00 51,250.00 24 4" PVC PERFORATED DRAIN TILE, WITH SOCK LF 400 $7.00 S2,800.00 $10.00 $4,000.00 $16.50 $6,600.00 $10.00 $4,000.00 25 4" PVC CLEANOUT EA 4 $160.00 $640.00 $150.00 $600.00 $500.00 $2,000.DO $450.00 $1,800.00 26 27"YARD DRAIN STRUCTURE EA 1 $2,000.00 $2,000.00 $1,600.00 $1,600.DO $2,250.00 $2,250.DO $1,800.00 $1,600.D0 27 48" STORM MANHOLE STRUCTURE EA 1 $3,500.00 $3,500.00 $2,600.00 $2,600.00 $3,750.00 $3,750.00 $2,700.00 $2,700.DD 28 TEMPORARY CONSTRUCTION ENTRANCE EA 1 $1,200.00 $1,200.00 $1,500.00 $1,500.00 $850.00 050.00 $1,250.00 51,250.0D 29 SILT FENCE - MACHINE SLICED LF 200 $5.00 S1,0DO.00 $3.00 %D0.00 $3.00 $600,00 $3.00 $600.00 30 LOAM TOPSOIL BORROW (LV) CY 550 $37.00 $20,350.00 $24.00 $13,200.00 $25.00 $13,751100 $35.00 $19,250.00 31 EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT SY 3900 $5.00 $19,500.00 $4.15 $16,185.00 $4.35 $16,965.00 $4.75 $18,52-5,00 32 25-151 SEED STREET SWEEPER (W/PICKUP BROOM) HR 5 $170.00 $850.00 $110.00 $550.00 $125.00 $625.00 $1.00 S5.00 TOTAL PART 1: SUNNYSIDE PARK IMPROVEMENTS $137,149.00 $144,268.70 $155,867.00 $159,751.00 PART 2: BEGIN PARK IMPROVEMENTS 33 MOBILIZATION LS 1 $6,500.00 $6,500.D0 $7,000.DO $7,OWA $5,300.25 $5,3DD.25 $10,000.00 $10,000.00 34 REMOVE EX. BITUMINOUS PAVEMENT SY 820 $2.00 $1,640.00 $6.00 $4,920.00 $10.25 $8,405.0D $5.00 $4,100.00 35 REMOVE EX. CONCRETE PED RAMP SY 10 $20.00 $200.00 $30.00 $300.00 $33.00 $330.00 $27.00 $270.00 36 REMOVE EX. TRASH CONTAINER EA 1 $30.00 $30.DO $50.00 S50.00 $250.00 $250.00 $150.00 $150-00 37 REMOVE EX. BASKETBALL HOOP EA 2 $120.00 $240.DO $300.00 $6W.00 $550.00 $1,100.00 $550.00 $1,10D.00 38 GEOTEXTILE FABRIC- TRAIL SY 20 $7.00 $140.00 $10.00 $200.DO $5.00 $100.00 $3.00 $60.00 39 AGGREGATE BASE, CLASS 5 TN 10 $16.00 $160.00 $40.00 $400.DO $46.00 $460.0D $175.00 $1,750.00 40 TYPE S.P. 9.5 BITUMINOUS WEARING MIXTURE (2,C) TN 140 $89.00 $12,460.11 $95.08 $13,311.20 $89.00 S12,460.013 $106.00 $14,840. 41 COURT COLORING/STRIPING SY 680 $9.00 $6,120.00 $8.24 S5,603.20 $7.50 $5,100.00 $8.00 $5,440.00 42 BASKETBALL HOOP WITH FOUNDATION LS 2 $3,500.00 $7,000.00 $3,750.00 $7,500.00 $3,850.00 $7,76:10.00 $4,S00.00 $9,000.00 43 LOAM TOPSOIL BORROW (LV) CY 60 $45.00 $2,70D.00 $24.00 $11440.00 $25.00 $1,500.00 $35.00 $2,100,00 193804148-BidTab.xism BT-1 Bidder No. 1 BID TABULATION Midwest Asphalt Services Item # Item Units Qty Unit Price Total 44 EROSION CONTROL COM9GST i3UNKET BLOWN W/ MNDOT SY 425 $5.00 S2,12' 25-151 SEED TOTAL PART 2: BEGIN PARK IMPROVEMENTS $39,315 BASE BID SUMMARY: PART 1: SUNNYSIDE PARK IMPROVEMENTS $137,14! PART 2: BEGIN PARK IMPROVEMENTS S39,31! TOTAL BASE BID: $176,464 ALTERNATE 1: HYDROMULCH RESTORATION 45 EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT SY -4325 $5.00 -$21,62! 25-151 SEED 46 HYDROMULCH WITH SEED MIXTURE 25-151 SY 4325 $3.00 $12,97' TOTAL ALTERNATE 1: HYDROMULCH RESTORATION -$8,650 ALTERNATE 2: FURNISH AND INSTALL BENCHES 47 BACKLESS BENCH EA 1 $1,000.00 $1,001 48 BACKED BENCH EA 3 $1,100.00 $3,3a TOTAL ALTERNATE 2: FURNISH AND INSTALL $4,300 ALTERNATE 3: FURNISH AND INSTALL ENGINEERED 49 ENGINEERED WOOD FIBER MULCH CY 261 $34.00 $8,87• 50 GEOTEXRLE FABRIC - PLAYGROUND SF 6486 $0.30 S1,94! 51 PLAYGROUND MATS EA 8 $350.00 $2,801 TOTAL ALTERNATE 3: FURNISH AND INSTALL $13,619 BID SUMMARY TOTAL BASE BID $176,46 TOTAL ALTERNATE 1: HYDROMULCH RESTORATION ($8,650 TOTAL ALTERNATE 2: FURNISH AND INSTALL BENCHES $4,30 TOTAL ALTERNATE 3: FURNISH AND INSTALL ENGINEERED WOOD FIBER MULCH, FABRIC, AND PLAYGROUND MATS TOTAL PROJECT BID $195,732 Contractor Name and Address: Midwest Asphalt Services 63401ndustrial Drive Eden Prairie, MN 55346 Phone: 952-937-W33 Email: eshmatingRmidwest2Mhah.nel Signed By: David Snyder Title: Controller Bid Security: Bid Bond Addenda Acknowledged: I N/A Bidder No. 2 Dunaway Construction rit Price Total $4.15 $1,7( $187,356. $4.15-$17,948 $1.50 S6,487 -$11,461. $854.00 $854.0 $995.00 $2,985.01 $3,839.01 $30.00 $7,830.0 $0.30 $1,945.8 $249.50 S1,996.a $11,771.81 $187,356.8' (511,461.25 $3,839.a $11,771.8i Dunaway Construction 17149 Notre Dame Street Columbus, MN 55025 6S1-464-19% Kevin E. Dunaway Owner Bid Bond Bidder No. 3 Bidder No. 4 Sunram Construction Inc. I New Look Contracting Inc. nit Price Total ! Unit Price Total $4.35 $1,848.751 $4.75 $2,00 $155,867. $4.15 -$17,948.75 $3.50 $15,137.50 -$2,811.25 $3,000.00 S%D00.00 $3,500.00 $101500.00 $33.00 $0.35 $275.00 ram Construction Inc. 10 75th Avenue N kran, MN 55340 -420.2140 0sumamc0nsmutirn n M. Sunram : President Bond $2,270. $2D0,421. [S2,811.: $13,500. $13,083. $169,751.00 $50,828.75 $220,579.75 $4.75-S20,543.75 $2.00 $8,650.00 -$11, 893.75 $1,400.00 $1,400 $1,500.00 $4,500 $300.00 $S,900, $35.00 $9,135 $0.30 $1,945 $300.00 $2,400 $220,579. ($11,893.i New Look Contracting Inc. 14045 Northdale Blvd. Rogers, MN 55374 763-241-1596 nmenoe 0newlgokconlrett Bevin Mitchell President Bid Bond N/A 193804148-BidTab.xlsm BT-2 Stank Item # BASE BID: PART 1: SI 1 MOBILIZAT 2 REMOVE DE 3 REMOVE BI 4 REMOVE E) 5 REMOVE E) 6 REMOVE E) 7 REMOVE AP 8 COMMON E 9 PLACE SAL/ 10 GEOTEXTIL 11 SELECT GR 12 AGGREGATI 13 BITUMINOL 14 TYPE S.P. 9 15 6" CONCRE 16 TRUNCATE[ 17 4" CONCRE 18 CONCRETE 19 4"CONCRE SURFACING 20 COURT COL 21 BASKETBAL 22 6" PVC NOP 23 4" PVC NOP 24 4" PVC PER 25 4" PVC CLE 26 27" YARD 1 27 48" STORM 28 TEMPORAR 29 SILT FENCE 30 LOAM TOP' 31 EROSION C 25-151 SEE 32 STREET S" TOTAL PAI PART 2: BI 33 MOBILIZAT 34 REMOVE E) 35 REMOVE E) 36 REMOVE E) 37 REMOVE E) 38 GEOTE)(TIL 39 AGGREGAT 40 TYPE S.P. S 41 COURT COI 42 BASKETBAL 43 LOAM TOP' BID TABULATION Bidder No. 5 Bidder No. 6 Bidder No. 7 Bidder No. 8 Omann Contracting Co., Inc. G.L. Contracting Inc. G. Urban Companies, Inc. Barber Construction Inc. Item Units Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total JNNYSIDE PARK IMPROVEMENTS ION LS 1 $6,000.00 $6,OWDD $3,821.70 $3,821.70 $9,953.00 $9,953.00 $7,000.00 $7,000.00 LAIN TILE PIPE LF 120 $5.00 $6010D $9.20 $1,104.00 $8.00 $960.OD $20.00 $2,400.00 TUMINOUS PAVEMENT SY 900 $5.85 $5,265.00 $9.20 $6,280.0D $9.00 $8,100.00 $6.00 SS,400.00 ;. PLAY CONTAINER CURB LF 650 $8.00 $5,200.00 $7.70 S5,005.00 $7.00 $4,550.OD $3.00 $1,950.00 :. TRASH CONTAINER EA 2 $250.00 $500.00 $183.70 $367,40 $200.00 $400.00 $1,000.00 $2,000.00 % BASKETBALL HOOP EA 2 $200.00 $400.00 $306.20 $612.40 $500.00 $1,000.00 $1,000.00 $2,000.00 ID REPLACE CONCRETE CURB & GUTTER LF 20 $30.25 $505.00 $37.40 $748.00 $7.00 $140.OD $75.00 S1,500.00 XCAVATION (CV) CY 465 $40.65 $181902.25 $30.40 S14,136.00 $32.00 $14,880.00 $25.00 S11,62S.00 WAGED SELECT GRANULAR BORROW CY 400 $5.00 $2,ODD.00 $9.20 $3,680.00 $15.00 $6,D0100 $5.00 $24000.00 EFABRIC - TRAIL SY 420 $2.25 $945.00 $4.50 $1,890.00 $3.00 $1,260.00 $4.00 $100.00 ANULAR BORROW TN 455 $18.20 $8,281.00 $15.10 $6,870.50 $17.00 $7,735.00 $16.00 $7,280.00 E BASE, CLASS 5 TN 535 $18.50 $9,897.SO $25.50 SL3,642.50 $26.00 $13,910.00 $24.00 512,84O.D0 IS ROADWAY PATCH SY 10 $100.00 Si,000.00 $45.20 $452.00 $25.00 $Z50.D0 $100.00 $1,000.0D .5 BITUMINOUS WEARING MIXTURE (2,C) TN 200 $90.25 $18,050.0D $120.90 $24,180.00 $135.00 S27,000.00 $150.00 $30,000A0 TE PEDESTRIAN RAMP SF 150 $13.88 $2,082.00 $13.20 $1,980.00 $32.00 $4,BDO.00 $15.00 $2,250.00 ) DOMES SF 16 $57.24 S915.84 $65.20 $1,043.20 $12.00 $192.OD $100.00 $1,600.00 TE SIDEWALK RAMP - PLAYGROUND SF 150 $13.88 $2,082.00 $28.50 $4,275.00 $70.00 $10,500.00 $15.00 52,250.00 PLAYGROUND CURB LF 300 $27.68 $8,304.00 $29.30 S8,790.00 $50.00 $15,OOO.DO $50.00 S1s,000.00 TE RAMP WITH SYNTHETIC RESILIENT SF 150 $41.88 $6,282.00 $35.40 $5,310.00 $35.00 $5,250.DD $45.00 $6,750.00 -ORING/STRIPING SY 630 $9.35 $5,890.50 $8.10 S5,163.00 $12.00 $7,560.DO $13.00 $8,190.00 L HOOP WITH FOUNDATION LS 2 $4,770.00 $9,540.00 $4,124.50 $8,249.00 $4,500.00 S9,ODO.00 $9,500.00 $19,DOO.OD I -PERFORATED DRAIN TILE LF 240 $10.00 S2,400.00 $20.20 S4A48.00 $20.00 $4,800.00 $12.00 $2,880.00 I -PERFORATED DRAIN TILE LF 50 $10.00 $500.00 $17.40 $870.00 $20.00 $1,000.00 $35.00 $1,750.00 FORATED DRAIN TILE, WITH SOCK LF 400 $18.00 $7,200.00 $19.80 $7,920.00 $20.00 $8,D00.00 $10.00 $4,0C10.00 ANOUT EA 4 $300.00 $1,200.00 $486.70 S1,946.80 $400.00 $1,600.00 $200.00 $800.00 )RAIN STRUCTURE EA 1 $1,900.00 $1,900.00 $2,789.60 $2,789.60 $3,500.00 $3,500.00 $4,000.00 $4,000.00 MANHOLE STRUCTURE EA 1 $5,250.00 55,250A0 $4,156.70 $4,156.70 $6,000.00 $6,DDO.00 $5,000.00 $5,000.00 Y CONSTRUCTION ENTRANCE EA 1 $1,200.00 $11200100 $1,695.00 $1,69S.00 $2,500.00 $2,500.00 $1,000.00 $1,000.00 - MACHINE SLICED LF 200 $2.25 $450A0 $3.40 S68D.D0 $5.00 $1,DDO.DO $10.00 $2,000.00 ;OIL BORROW (LV) CY 550 $38.00 $20,900.00 $44.90 $24,695.00 $35.00 $19,250.00 $60.00 $33,000.0D ONTROL COMPOST BLANKET BLOWN W/ MNDOT SY 3900 $5.30 SZ0,670.00 $4.70 $18,330.DO $5.00 $19,500.00 $6.00 $23,400.00 EEPER (W/PICKUP BROOM) HR 5 $145.00 $725.00 $169.50 S847.50 $125.00 S625,DO $100.00 $500.00 RT 1: SUNNYSIDE PARK IMPROVEMENTS $175,137.09 $188131B.3O $216,215.00 ;222,045.00 EGIN PARK IMPROVEMENTS ION LS 1 $2,000.00 $2,000.00 $2,099.50 $21099.50 $2,373.25 $2,373.25 $1,500.00 $1,500.00 :. BITUMINOUS PAVEMENT SY 820 $5.85 $4,797.00 $12.20 $10,004.00 $8.00 $6,560.DO $4.00 $3,286.00 :. CONCRETE PED RAMP SY 10 $30.00 $300.00 $9.20 $92.00 $27.00 $270.00 $100.00 $1,000.00 ;.TRASH CONTAINER EA 1 $250.00 $250.00 $183.70 $183.70 $250.00 $250.DO $100.00 $ID0.0D C. BASKETBALL HOOP EA 2 $200.00 $100.00 $183.70 $367.40 $500.00 $11000.00 $500.00 $1,000.00 E FABRIC - TRAIL SY 20 $2.25 $45.00 $5.40 $108.00 $10.00 MOM $10.00 $200.00 E BASE, CLASS 5 TN 10 $25.00 $250.00 $25.50 $255.00 $100.00 $1,000.00 $45.00 $45D.00 1.5 BITUMINOUS WEARING MDCTURE (2,C) TN 140 $124.78 $17,469.20 $113.DO $15,820.00 $120.00 $161800.00 $150.00 $21,ODO.00 _ORING/STRIPING SY 680 $9.35 $6,358.06 $8.10 S5,508.00 $12.00 $8,160.DO $13.00 $8,840.00 L HOOP WITH FOUNDATION LS 2 $4,770.00 $9,540.OD $4,124.50 $8,249,00 $4,500.00 $9,000.00 $9,500.00 $19,DDOAO ;OIL BORROW (LV) CY 60 $48.00 $2,880.00 $44.90 $2,694,00 $35.00 $2,100.D0 $60.00 $3,600.00 193804148-BidTab.x[sm BT-3 BID TABULATION Item # Item Units OLY 44 EROSION CONTROL COMPOST BLANKET BLOWN WI MNDOT SY 425 25-151 SEED TOTAL PART 2: BEGIN PARK IMPROVEMENTS BASE BID SUMMARY: PART 1:SUNNYSIDE PARK IMPROVEMENTS PART 2: BEGIN PARK IMPROVEMENTS TOTAL BASE BID: ALTERNATE 1: HYDROMULCH RESTORATION 45 EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT SY -4325 25-151 SEED 46 HYDROMULCH WITH SEED MD(TURE 25-151 SY 4325 TOTAL ALTERNATE 1: HYDROMULCH RESTORATION ALTERNATE 2: FURNISH AND INSTALL BENCHES 47 BACKLESS BENCH EA 1 48 BACKED BENCH EA 3 TOTAL ALTERNATE 2: FURNISH AND INSTALL ALTERNATE 3: FURNISH AND INSTALL ENGINEERED 49 ENGINEERED WOOD FIBER MULCH CY 261 50 GEOTE)MLE FABRIC -PLAYGROUND SF 6486 51 PLAYGROUND MATS EA 8 TOTAL ALTERNATE 3: FURNISH AND INSTALL BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE 1: HYDROMULCH RESTORATION TOTAL ALTERNATE 2: FURNISH AND INSTALL BENCHES TOTAL ALTERNATE 3: FURNISH AND INSTALL ENGINEERED WOOD FIBER MULCH, FABRIC, AND PLAYGROUND MATS TOTAL PROJECT BID Contractor Name and nddrets Phone Email: Signed By'. Title Bid Security'. Addenda Acknowledged Bidder No. 5 Bidder No. 6 Bidder No. 7 Bidder No. 8 Omann Contracting Co., Inc. G.L. Contracting Inc. G. Urban Companies, Inc. Barber Construction Inc. Unit Price Total Unit Price Total Unit Price Total Unit Price Total $5.30 $2,252.50 $590 $2,507.50 $5.00 S2,125.00 $6.00 $2,550.00 $46,S41.70 $47,888.10 $49,838,25 $fiZ520,00 $175,137.09 $188,318,30 $216,215.00 $222,045.00 $46,541.70 $47,888.10 $49 838.25 $62,520.00 $221,678.79 $736,206.40 $266,053.25 $284,S6S.00 $5.30 ($22,922.50) $4.70 ($20,327.50) $5.00 ($21,625.00) $6.00 ($25,950.00) $2.12 59,169.00 $4.00 517,300.00 $2.25 $9,731.25 $3.50 $15,137.5 (SI3,753.50) ($3,027.50) ($11,893.75) ($10,812,50) $1,325.00 $1,325.D0 $965.00 S965.00 $1,500.00 $1,500.00 $3,800.00 $3,800.00 $1,378.00 $4,134.0D $1,124.40 53,373.20 $1,600.00 $4,800.00 $4,000.00 $LZ,00040 $5,459.00 $4,338.20 $6,300.00 $15,800.00 $37.10 $9,683.10 $33.90 S8,847.90 $70.00 $18,270,00 $50.00 $13,050.00 $0.28 $1,816.09 $0.33 S2,140.38 $0.33 $2,140.38 $0.50 $3,243.00 $259.70 $2,077.60 $281.90 $2 55.20 $200.00 $1,60100 $300.00 SZ,400.00 $13,576.78 $13,243.48 $22,010.38 $18,693.00 $221,678.79 $236,206.40 $266,053.25 $284,565.00 ($13,753.50) ($3,027.56) ($11,893.75) (SI0,812So) $5,459.00 $4,338.20 $6,300.00 $15,8DD.66 $13,576.78 $13,243.48 $22,010.38 $18,693.00 *226,951.07 $250,760.59 $282,469.88 $308,245.50 Omann Contracting Company Inc G.L. Contracting, Inc. G, Urban Companies, Inc. Barber Construction, Inc. 6551 LaBeaux Avenue NE 13W Willow Drive 3781 Labore Road 4350 Main Street Albeftille, MN 55301 Medina, MN 55340 St Paul, MN 55110 St. Bonifacus, MN 55375 763-497-8Z59 763-478-7529 651-248.9830 952-446-9995 ❑avrm�amannnc.cam dansysnsanL�4lcoaLractin4.oQm awban�uri:arrcamoarresusa.com offireanarberoonstrogion.om Dan Swanson Kelly Omann Greg Urgan ]acpb Barber President Vice President Owner Vice President Bid Bond Bid Bond Bid Bond Bid Bond N/A WA N/A N/A 193804148-BidTab.xlsm BT-4 (3 Stank BID TABULATION m k Item Bidder No. 9 Blackstone Contractors, LLC Init Price Total BASE BID: PART 1: SUNNYSIDE PARK IMPROVEMENTS 1 MOBILIZATION LS 1 $40,000.00 $40,000,00 2 REMOVE DRAIN TILE PIPE LF 120 $10.00 S1,200.00 3 REMOVE BITUMINOUS PAVEMENT SY 900 $15.00 $13,500.00 4 REMOVE EX. PLAY CONTAINER CURB LF 650 $5.00 $3,250.00 5 REMOVE EX. TRASH CONTAINER EA 2 $200.00 S400.00 6 REMOVE EX. BASKETBALL HOOP EA 2 $500.00 $1,DD0.00 7 REMOVE AND REPLACE CONCRETE CURB & GUTTER LF 20 $45.00 $900,00 8 COMMON EXCAVATION (CV) CY 465 $25.00 $11,625.00 9 PLACE SALAVAGED SELECT GRANULAR BORROW CY 400 $15.00 $6,000.00 10 GEOTEXTILE FABRIC - TRAIL SY 420 $5.00 $2,100.00 11 SELECT GRANULAR BORROW TN 455 $35.00 $15,925.00 12 AGGREGATE BASE, CLASS 5 TN 535 $40.00 $21,400.00 13 BITUMINOUS ROADWAY PATCH SY 10 $100.00 51,D00.00 14 TYPE S.P. 9.5 BITUMINOUS WEARING MIXTURE (2,C) TN 200 $120.00 SKOOD.00 15 6" CONCRETE PEDESTRIAN RAMP SF 150 $12.00 $1,600,00 16 TRUNCATED DOMES SF 16 $60.00 S960.DD 17 4" CONCRETE SIDEWALK RAMP - PLAYGROUND SF 150 $10.00 $1,500.OD 18 CONCRETE PLAYGROUND CURB LF 300 $30.00 $9,DDO.DD 19 4" CONCRETE RAMP WITH SYNTHETIC RESILIENT SF 150 $40.00 56,DOD.00 SURFACING 20 COURT COLORING/STRIPING SY 630 $8.00 $5,D40.00 21 BASKETBALL HOOP WITH FOUNDATION LS 2 $4,000.00 SU00.00 22 6" PVC NON -PERFORATED DRAIN TILE LF 240 $25.00 $6,000.DD 23 4" PVC NON -PERFORATED DRAIN TILE LF 50 $20.00 $1,000.00 24 4" PVC PERFORATED DRAIN TILE, WITH SOCK LF 400 $10.00 S4,000.00 25 4" PVC CLEANOUT EA 4 $300.00 $1,20O.DO 26 27" YARD DRAIN STRUCTURE EA 1 $2,500.00 S2,SOU, DD 27 48" STORM MANHOLE STRUCTURE EA 1 $4,500.00 S4,500.00 28 TEMPORARY CONSTRUCTION ENTRANCE EA 1 $3,000.00 $3,000,00 29 SILT FENCE - MACHINE SLICED LF 200 $5.00 $1,000.D0 30 LOAM TOPSOIL BORROW (LV) CY 550 $45.00 524,750.DO 31 EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT SY 3900 $5.00 S19,500.00 25-151 SEED 32 STREET SWEEPER (W/PICKUP BROOM) HR 5 $175.00 $875.00 TOTAL PART 1: SUNNYSIDE PARK IMPROVEMENTS $242,925.00 PART 2: BEGIN PARK IMPROVEMENTS 33 MOBILIZATION LS 1 $10,000.00 $101000.00 34 REMOVE EX. BITUMINOUS PAVEMENT SY 820 $9.00 $7,380.00 35 REMOVE EX. CONCRETE PED RAMP SY 10 $50.00 $500.00 36 REMOVE EX. TRASH CONTAINER EA 1 $200.00 $200.00 37 REMOVE EX. BASKETBALL HOOP EA 2 $500.00 $1,000.00 38 GEOTEXTILE FABRIC - TRAIL SY 20 $5.00 $100.00 39 AGGREGATE BASE, CLASS 5 TN 10 $40.00 S400.00 40 TYPE S.P. 9.5 BITUMINOUS WEARING MIXTURE (2,C) TN 140 $120.00 S16,800.W 41 COURT COLORING/STRIPING SY 680 $8.00 $5,440.00 42 BASKETBALL HOOP WITH FOUNDATION LS 2 $4,000.00 S8,0DO.00 43 LOAM TOPSOIL BORROW (LV) CY 60 $45.00 S2,700.00 1938D4148-BidTab.xlsm BT-5 BID TABULATION Item Item # Units Qty EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT SY 425 25-151 SEED TOTAL PART 2: BEGIN PARK IMPROVEMENTS BASE BID SUMMARY: PART 1: SUNNYSIDE PARK IMPROVEMENTS PART 2: BEGIN PARK IMPROVEMENTS TOTAL BASE BID: ALTERNATE 1: HYDROMULCH RESTORATION 45 EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT SY 25-151 SEED 46 HYDROMULCH WITH SEED MDCTURE 25-151 SY TOTAL ALTERNATE 1: HYDROMULCH RESTORATION ALTERNATE 2: FURNISH AND INSTALL BENCHES 47 BACKLESS BENCH EA 48 BACKED BENCH EA TOTAL ALTERNATE 2: FURNISH AND INSTALL ALTERNATE 3: FURNISH AND INSTALL ENGINEERED 49 ENGINEERED WOOD FIBER MULCH CY 50 GEOTEXTILE FABRIC -PLAYGROUND SF 51 PLAYGROUND MATS EA TOTAL ALTERNATE 3: FURNISH AND INSTALL BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE 1: HYDROMULCH RESTORATION TOTAL ALTERNATE 2: FURNISH AND INSTALL BENCHES TOTAL ALTERNATE 3: FURNISH AND INSTALL ENGINEERED WOOD FIBER MULCH, FABRIC, AND PLAYGROUND MATS TOTAL PROJECT BID -4325 4325 1 3 261 6486 8 Bidder No. 9 Blackstone Contractors, LLC Init Price Total $5.00 $2,125 $54,645. $242,925 $54,645 $297,570. $5.00 -$21,625 $3.50 $15,137 ($6,487.! $1,300.00 $1,300 $1,400.00 $4,200 $35.00 $9, $0.50 $3, $300.00 S2, $297,57C ($6,487. $5,SOC Contractor Name and Address: BWdcstone Contractors, LLC 9520 County Road 19, Ste. D Loretto, MN 55357 Phone: 763-291-7728 Email: brooks0blackslonecontracior Signed By: Brure Karvonen TiEle*. Vice President Bid Security: I Bid Bond Addenda Acknowledged: N/A 193804148-BidTab.:dsm BT-6 ® Stantec Stantec Consulting Services Inc. 2335 Highway 36 West, St. Paul MN 55113 April 3, 2018 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2018 Park Improvements: Sunnyside & Begin Parks Project City Project Nos. 1012 & 1013 Stantec Project No. 193804148 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the 2018 Park Improvements: Sunnyside & Begin Parks Project on March 30, 2018. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There was a total of 9 Bids. The following summarizes the results of the Bids received: Contractor Total Base Bid Alt. No. 1 Alt. No. 2 Alt. No. 3 Low Midwest Asphalt Services $176,464.00 ($8,650.00) $4,300.00 $13,619.80 #2 Dunaway Construction $187,356.85 ($11,461.25) $3,839.00 $11,771.80 43 Sunram Construction, Inc. $200,421.00 ($2,81 1.25) $13,500.00 $13,083.10 #4 New Look Contracting Inc. $220,579.75 ($11,893.75) $5,900.00 $13,480.80 #5 Omann Contracting Co. Inc. $221,678.79 ($13,753.50) $5,459.00 $13,576.78 #6 G.L. Contracting, Inc. $236,206.40 ($3,027.50) $4,338.20 $13,243.48 #7 G. Urban Companies, Inc. $266,053.25 ($11,893.75) $6,300.00 $22,010.38 #8 Barber Construction, Inc. $284,565.00 ($10,812.50) $15,800.00 $5,500.00 #9 Blackstone Contractors, LLC $297,570.00 ($6,487.50) $5,500.00 $14,778.00 The low Bidder on the Project was Midwest Asphalt Services with a Total Base Bid Amount of $176,464.00. This compares to the Engineer's Opinion of Probable Cost of $207,000. The low Bidder on the Project, even when considering award of any combination of the Alternates, is Midwest Asphalt Services. 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 Midwest Asphalt Services should be awarded the Project on the Total Base Bid Amount of $176,464.00. The City Council has the option to consider awarding any combination of the Alternates with the Base Bid as shown in the table below. Bid Options Midwest Asphalt Services Base Bid $176,464.00 Base Bid w/Alt 1 $167,814.00 Base Bid w/Alt 2 $180,764.00 Base Bid w/Alt 3 $190,083.80 Base Bid w/ Alt 1 & 2 1172,114.00 Base Bid w/ Alt 1 & 3 $181,433.80 Base Bid w/ Alt 2 & 3 $194,383.80 Base Bid w/ Alt 1, 2 & 3 $185,733.80 4 lti April 3, 2018 Page 2 of 2 Reference: 2018 Park Improvements: Sunnyside & Begin Parks Project - Bid Results Should you have any questions, please feel free to contact me at 651-604-4808. Sincerely, STANTEC CONSULTING SERVICES INC. & ., at). Christopher W. Long, P.E. Enclosure Design with community in mind CITY OF NEW HOPE, MINNESOTA CAPITAL IMPROVEMENT PLAN - PARKS INFRASTRUCTURE FUND 9233 SCHEDULE OF PLANNED CAPITAL OUTLAY 2017 TO 2022 2017 2018 2019 2020 2021 2022 Year to Estimated Estimated Estimated Estimated Estimated Estimated Dc uimcnt Suhledeer Reulace Item Cost Amounts Amounts Amounts Amounts Amounts Amounts Parks & Recrcalkm 2017 GC Clubhouse Tables $ 5,000 S 5im S - $ - S- Parks&Recrcallon S.991 2017 Parks Fred Sims Park play equipment project t�l 102,000 t0.,000 - Parks & RtcremiM 2017 Parks maintenance 39,000 39.000 - - - - Patks (& Recreation S 1005 2017 Parks raise Northwood left field 80,000 80,000 - - - - - Parks & Recication 2017 Hidden Valley arson replacement 10,000 10.000 - - - - Parks & Rorreation 2017 Pool feasibility/planning 75,000 75,OW - - - - Parks & Rcencation 2018 GC add deck to clubhouse 20,000 - 20.000 - - - Parks & Recreation 2018 Parka replace player fcncing at Lighted 7,000 - 7.000 - - - - Park-s & Rcc=tioa 2018 Parks cnncrele, tmii wmk 50,000 50.6W Parks & Recreation 2018 Pnrka lighting iutptovoucnls 75,000 - 75.000 - - - Pmks & Riv,mw ian 2018 P"s mnimcnenco (inclMcs carryum from 2017) 201,0W - 20 W - - Parks & Recreation 2018 Parks mpince hs0f cld fcncn 35,000 - ADW - - - - Pstks & Rmrtttun 2018 Parks Sunnyaide Pmk play cquilanew project 190,000 1.90.,000 - - - Parks & Recreation 2019 Parks Cgyms pitching machines 5,000 - - 5,000 - - - Parks & Recreation 2019 Parks Cgyms volleyball equipment 6,000 - - 6,000 - - - Parks & Recreation 2019 Parks concrete, trail work 50,000 - - 50,000 - Parks & Recreation 2019 Parks Jaycee Park play equipment project 180,000 - - 180,000 - - Parks &Recreation 2019 Parks Lighted Field scoreboard 21,000 - - 21,000 - - - Parks & Recreation 2019 Parks lighting improvements 75,000 - - 75,000 - - - Parks&Recreation 2019 Parks maintenance(') 318,000 - 318,000 - - - Parks & Recreation 2019 Pool improvement project 6,425,000 - 6,425,000 - - Parks & Recreation 2019 Pool premium upgrade 2,000,000 2,000,000 Parks & Recreation 2019 Parks Civic Center Park improvements (2) 1,500,000 - 1,500,000 - - - Parks & Recreation 2020 Parks ballfield fencing 40,000 - - - 40,000 - Parks & Recreation 2020 Parks Begin Park play equipment project 185,000 - 185,000 - - Parks & Recreation 2020 Parks community garden fencing 8,000 - - - 8,000 - - Parks & Recreation 2020 Parks concrete, trail work 75,000 - - 75,000 - - Parks & Recreation 2020 Parks lighting improvements 75,000 75,000 - - Parks & Recreation 2020 Parks maintenance 129,000 - 129,000 - Parks & Recreation 2021 Parks concrete, trail work 75,000 - 75,000 - Parks & Recreation 2021 Parks Comer Park play equipment project $ 190,000 - $ - S - S $ 190,000.00 $ - Parks & Recreation 2021 Parks fiisbee golf equipment 15,000 - 15,000 - Parks & Recreation 2021 Parks lighting improvements 75,000 75,000 - Parks & Recreation 2021 Parks maintenance 52,000 - 52,000 - Parks & Recreation 2022 Parks concrete, trail work 75,000 - - - 75,000 Perks & Recreation 2022 Parks Hidden Valley Park play equipment project 250,000 - - - 250,000 Parks & Recreation 2022 Parks lighting improvements 100,000 - - 100,000 Parks & Recreation 2022 Parks maintenance .13,000 33.I1011 R 111.000 S 579.000 6 10.580,000 $ 512,000 $ 407,000 $ 458.000 t �y Project cost may be reduced; full allotment may not be spent. ts) Parks Civic Center other park improvements to be determined. Projects anticipated, include: Sk8 pad, Theatre, ballfield improvements, pavilion, hockey rink, trails, and shelter. -28- Stantec Consulting vices Inc. Stantec 2335 Highway 36 Weest, St Paul MN 55113 10, 2018 r. David Snyder idwest Asphalt Services 140 Industrial Drive ien Prairie, MN 55346 City of New Hope, Minnesota 2018 Park Improvements: Sunnyside & Begin Parks City Project Nos. 1012 and 1013 Stantec Project No. 193804148 Notice of Award/Contract Documents r. Snyder: notified that your Bid dated March 20, 2018 for the above -referenced Project has been :red. You are the successful Bidder and are awarded a Contract for the amount of 13.80 for the Total Base Bid plus Alternate 3. Enclosed are four Contract Documents ;n you and the City of New Hope covering the above -referenced Project. Please complete ration Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and lent 00 61 13.16 Payment Bond. The insurance and indemnity requirements shall be �d. After the bonding company has completed the Contract Documents, forward them to orney listed below who will review them for the City of New Hope: Steve Sondrall Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443-1968 fter the necessary officials have signed the Contracts, the City will distribute the Contracts as f ilows: 2 copies Midwest Asphalt Services (1 - your file, 1 - your bond company) ' 1 copy City of New Hope, Attention: Valerie Leone 1 copy Stantec, Attention: Chris Long Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre -construction conference will be scheduled with you and the City of Qw Hope to review the Project. $ncerely, hristopher Long, P.E. nclosures: Four Contract Documents G: Valerie Leone, City of New Hope 4 Steve Sondrall, City Attorney Lign with community in mind I JENSENSONDRALL PERSELLIN&WOODS ■ 1 I P.A., ATTORNEYS AT LAW GORDON L. JENSEN' MELANIE P. PERSELLIN',' STEVEN A.SONDRALL STAcr A. WOODS' 'Real Property Law Specialist Certified By The Minnesota State Bar Association Licensed in Illinois/Colorado 3Qualified Neutral Mediator under Rule 114 April 27, 2018 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA55443-1968 TELEPHONE (763) 424-8811 ■ TELEFAX (763) 493-5193 WWWJSPWlaWx0M Writer's Direct Dial No.: (763) 201-0265 e-mail saw@fspwlaw.com personal delivery Re: 2018 Park Improvements: Sunnyside & Begin Parks City Project Nos. 1012 & 1013 Our File No.: 99.10030 Dear Val: Enclosed please find four copies of the contract with Midwest Asphalt Services, LLC. Also enclosed are the bid, performance and payment bonds for the referenced projects, as well as the Certificates of Insurance. All are in order from a legal standpoint, subject to the following comment. On page 0041 10-7 of the Contract, the State of Incorporation for Midwest Asphalt Services, LLC is listed as Minnesota. This is incorrect as shown on the Minnesota Secretary of State business filings website. Midwest Asphalt Services, LLC was organized in Delaware with a foreign entity filing in Minnesota. The contact should still be enforceable, but Midwest Asphalt Services, LLC should be notified that they shouldn't list the "State of Incorporation" as Minnesota in the future. Please call me if you have any questions. G� San erely, Stacy AlZeHope ds, Assistant City Attorney, City of Enclosures cc: Steven A. Sondrall, City Attorney Bernie Weber, Public Works Director Chris Long, City Engineer P:\Attorney\SAS\l Client Files\2 City of New Hope\99-10030 (Public Works general)\Leone ltr - 2018 Park Improvements - Sunnyside & Begin- Project Nos. 1012 and 1013.docx 4/27/2018 Business Filing Details Business Record Details» Minnesota Business Name Midwest Asphalt Services, LLC Business Type MN Statute Limited Liability Company (Foreign) 322C File Number Home Jurisdiction 993987200028 Delaware Filing Date Status 1/11/2018 Active / In Good Standing Renewal Due Date Registered Office Address 12/31/2019 1010 Dale Street N Saint Paul, MN 55117 USA Registered Agent(s) Home Business Name CT Corporation System, Inc Midwest Asphalt Services, LLC Principal Place of Business Address Home Office Address 6331 Industrial Dr. 1209 Orange Street Eden Prairie, MN 55346 Wilmington, DE 19801 United States United States Filing History Filing History Select the item(s) you would like to order: Order Selected Copies 0 Filing Date Filing 0 1/11/2018 Original Filing - Limited Liability Company (Foreign) (Business Name: Midwest Asphalt Services, LLC) Effective Date https:Hmblsportal.sos.state. mn. usIBusiness/Search Detai Is?filingGuid=aed5feab-11 f7-e7l l-9154-00155dOd6f70 1/2 AC"I? �� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 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 endorsement(s). PRODUCER NAME: CONTACT Certificates Department Kraus -Anderson Insurance PHONE (952)707-8200+ No(952)890-0535 420 Gateway Boulevard E-MAIL ADDRESS: certificates@kainsurance.com INSURER(S) AFFORDING COVERAGE NAIC H Burnsville MN 55337-2790 INSURERA: Phoenix Insurance Company INSURED INSURER B : Travelers Property Casualty Co ofAmerica 25658 Midwest Asphalt Services, LLC INSURER C : Midwest Employers Casualty Company 6340 Industrial Drive INSURER D : AIG Specialty Insurance Company INSURER E Eden Prairie MN 55346 INSURER F : COVERAGES CERTIFICATE NUMBER- 18-19 Certificate RFVISION NIIMRFR- 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 LTR TYPE OF INSURANCE ADDL BIR POLICY NUMBER P LfCYEFF MM/DDIYYYY) POLICY EXP (MM/DDfYYYYJ LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000.000 CLAIMS -MADE ® OCCUR PREMISES DAMAGE300,000 Ea occurrence $ MED EXP (Any one personl $ 10,000 PERSONAL & ADV INJURY $ 1.000,000 A Y DT-CO-5K47258A-PHX-18 01/15/2018 01/15/2019 GERLAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 2.000,000 POLICY ® jECT ® LOC PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1.000,000 a accldcml BODI LY I NJ U RY(Per person) $ ANYAUTO B OWNED SCHEDULED AUTOS ONLY AUTOS Y DT-810-5 K455914-TIL-18 01/15/2018 01/15/2019 BODILY INJURY (Per accident) $ HIRED NON -OWNED q PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per oceidum $ MCS 90 1 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 5,000.000 B ^ EXCESS LIAR CLAIMS -MADE Y CUP-5K507940-18-26 01/15/2018 01/15/2019 AGGREGATE $ 5,000,000 DEO I X RETENTION S 101000 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY STAR TUTE ER. E L EACH ACCIDENT $ 1, 000, 000 C ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA 06-0001627 01/15/2018 01/15l2019 E.L DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ 1,000,000 Limit: $1, 000, 000 Contractor's Pollution Liability D CPL11178236 01/15/2018 01/15/2019 Aggregate: $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project No, 822204; 2018 Park Improvements: Sunnyside & Begin Parks. ***SEE ATTACHED — CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of New Hope ACCORDANCE WITH THE POLICY PROVISIONS. 4401 Xylon Avenue North AUTHORIZED REPRESENTATIVE New Hope MN 55428 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS The Certificate Holder and Engineer* are Additional Insureds under the Commercial General Liability and Auto Liability on a Primary/Non-Contributory Basis when required by written contract. The Excess Policy will follow the underlying Commercial General Liability and Auto Liability Policy forms as respects additional insureds. Underlying Excess Policies: - General Liability - Auto Liability - Employers' Liability *The Additional Insured Endorsement and the Commercial General Liability Policy do not afford coverage for Professional Liability exposure or any professional services of architects, engineers or surveyors. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. I May 10, 2018 Mr. David Snyder Midwest Asphalt Services 6340 Industrial Drive Eden Prairie, MN 55346 SUBJECT: 2018 Park Improvements at Sunnyside and Begin Parks (Projects 1012 and 1013) At its meeting of April 9, 2018, the New Hope City Council approved the contract with your company for project nos. 1012 and 1013 for $190,083.80, Enclosed is a fully executed contract. 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 with Stantec at 651-604-4808 if you have any questions regarding the project. Sincerely, /%t"Lt- Valerie Leone City Clerk, CMC Enclosures — Contract, IC-134 cc: Chris Long, city engineer Susan Rader, parks and recreation director 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 Request for Action April 9, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director of Parks and Recreation Agenda Title Agenda Section Development & Planning Item Number 8.2 Resolution awarding contract with Flagship Recreation/Landscape Structures for $74,166.14 for playground equipment, picnic tables with shade structures and installation at Sunnyside Park (Improvement Project No. 1012) Requested Action Staff recommends that the City Council award the contract and authorize the appropriation of funds for the purchase and installation of playground equipment and picnic tables at Sunnyside Park, located at 4711 and Quebec Avenues (improvement project no. 1012). On January 8, 2018, the City Council authorized the preparation of plans and specifications for the project. The purchase would be through Flagship Recreation and Landscape Structures for $74,166.14. Flagship Recreation and Landscape Structures are on the state bid list for the equipment and installation. Background The playground equipment at Sunnyside Park is currently the oldest playground in the New Hope parks system. It was last replaced in 1993 and was repainted in 2008. In November 2017, a mailing was sent to 134 area residents to gather some initial information on what they would like to see included in the new playground. Eighteen surveys were returned, with eight of the respondents indicating they would be interested in participating in the planning process. This process has worked well in the past and staff appreciates the input from the neighbors. A committee made up of residents, representatives from Flagship Recreation, and staff from Stantec and the city met on January 18, 2018 to view plans that were designed based on the resident surveys, park size and budget. After discussion, the plans were modified and then reviewed at a second committee meeting on February 15, 2018. The site work portion of the playground project was bid separately and included replacement of the playground container and entrance ramps, and replacement of the trail from Quebec Avenue. As has been discussed previously with Council, in 2011 staff started using a playground vendor who had a program to refurbish equipment. Landscape Structures, currently represented by Flagship Recreation, met this criteria and was also listed on the State of Minnesota Cooperative Purchasing Venture. In the long-term, using Landscape Structures should enable staff to update a playground by replacing a few key pieces of equipment at a more economical price than replacing the entire playground structure and container. Funding Funding is available in the Park Infrastructure Fund, which is levy funded each year. This project is included in the 2018 CIP and the 2018 Park Infrastructure budget as shared with the Council during 2018 CIP planning meetings and 2018 Budget meetings. The amount budgeted for the project is $240,000. I:\RFA\P&R\PARKS\2018\Combined #1012 and N1013\4-9 Approve Playground Equipment\Q&R-Sunnyside Park playground equipment approval.docx Request for Action, Page 2 Similar to previous projects, public works staff will remove the old play equipment and the necessary sand. In addition, staff will install benches and concrete bench pads and an enclosure for a portable bathroom. Having these completed by staff will save funds in the Park Infrastructure Fund. The funding for the purchase and installation of playground equipment submitted by Flagship Recreation/Landscape Structures is $60,138.30 for equipment and $14,027.84 for installation. The engineered wood fiber, geotextile fabric, and playground mats will be part of the site work contract. In March, staff also applied for a 2018 Hennepin Youth Sports Program Playground grant for $25,000, which could reduce the funding needed from the Park Infrastructure Fund. In 2017, the City received a $25,000 grant award for the Fred Sims Park playground project, so a second grant two years in a row may be optimistic. Attachments • Resolution • Pictures of current equipment ■ Views of proposed playground and equipment list • Quotes from Landscape Structures for equipment ($51,772.30), picnic tables with sun shades ($8,366) • Quotes from Flagship Recreation for installation of playground equipment ($12,162.50), installation of picnic tables with sun shades ($1,865.34) • 2018 CIP list City of New Hope Resolution No. 2018-55 Resolution awarding contract with Flagship Recreation/Landscape Structures for $74,166.14 for playground equipment, picnic tables with shade structures and installation at Sunnyside Park (Improvement Project No. 1012) WHEREAS, a planning committee comprised of neighbors of Sunnyside Park, city engineers and city staff met to develop plans to meet the needs at Sunnyside Park; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the bid through the state cooperative purchasing agreement for playground equipment and its installation at Sunnyside Park by Flagship Recreation/Landscape Structures is $74,166.14; and, WHEREAS, the planning committee has recommended that Council award the contract to Flagship Recreation/Landscape Structures; and, WHEREAS, the funding source for the contract is the Park Infrastructure Fund. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of New Hope, Minnesota approves entering into a contract for playground equipment, picnic tables and installation at Sunnyside Park with Flagship Recreation/Landscape Structures for $74,166.14. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 9th day of April, 2018. Mayor 4 '6-X; Attest: ,-- - City Clerk 777. jrt '_ - ... - rlsf •"'` ` j,4 -# Y' :.?h, - t'd�Y - _. _ �5. 1;'� • y' -;i _ riy`/yv . • s�4:�,�-z:%� . •.. .' �- ..fir �,: - yy�� ;r�� _���_ vP ♦ T��4+ L �,_ •R K"1s'- �yy rdq �.►�,-._ice �_ ^+F•y`Y, `,r,• �,. ,i Kim 4 Est P MR9 VI -n % Zn I'l,' CT -Illlww.--.,.:� ti-Jllll!w� -- -- . .- - . . I '. , -., , , I " - - * - '-4, LL Ilk" f e- Amm. I CITY OF NEW HOPE CONTRACT WITH FLAGSHIP RECREATION/LANDSCAPE STRUCTURES FOR THE 2018 SUPPLY VI AND INSTALATION OF PARK AND PLAY R2EQUIPMENT AT SUNNYSIDE PARK For valuable consideration as set forth below, this contract dated the 8th day of May, 2018, is made and signed by the City of New Hope (hereinafter "City') and Flagship Recreation/Landscape Structures. (hereinafter "Contractor"). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and specifications, all of which are incorporated hereby by this reference. This Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Flagship Recreation under this Contract (hereinafter the "Work"), is defined as the all work including but not limited to the successful provision and installation of playground equipment, picnic tables and sunshades, and provision of a playground safety audit in compliance with national standards upon successful installation of the play equipment. Any modifications to the work defined in the "Work" will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor $74,166.14 dollars (seventy four thousand one hundred sixty six dollars and fourteen cents), payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. Total amount of this contract shall not exceed $74,166.14. 4. COMPLETION DATE Contractor shall complete his performance under this Contract by the 31th day of August, 2018 (hereinafter "Completion Date"). 5. INSURANCE/BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all Automobiles: $1,000,000.00 c. Workman's Compensation: Statutory Amounts Contract Page 2 This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right-of-ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. 6. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 7. INDEMNIFICATION The Contractor agrees to indemnify, defend and hold the City harmless from any damages, including costs and attorney's fees, from any claims, demands, actions or causes of action arising out of any act or omission on the part of the Contractor or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by the contractor under this Contract. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall Jaqui Zamora, Flagship Recreation, 4940 W. 35th Street St. Louis Park, MN 55416 (763) 550-7860. 10. The address of the City for purposes of giving notices and any other purpose under this contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is Susan Rader -Director of Parks and Recreation 4401 Xylon Avenue North, MN 55428 (763) 531-5152. Contract Page 3 IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW H E By Its Mayo B Y Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) YAK i �The foregoing was acknowledged before me this /Of day of i(L 1 , 2018, by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively, f the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. d ��r4 VALERIE J LEONE Notary Public Notary Public -Minnesota rq, My G=mhw1w Exft"Jan 91, 2= Contract Page 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged be , 2018, by Of CONTRACTOR By ICIf Its Represent t ve on this 04 day of /V L a'v [afea on behalf of 4L4, kgLJ2:�� otary P I c Y• .w. y an. . NKIM3E�a nVEL®SO Notary Puri:of Minneso ta xMy Expires j�'l6, Project Manual For 2018 Park Improvements: Sunnyside & Begin Parks Prepared for: City of New Hope, Minnesota City Project No. 1012 & 1013 (3 Stantec March 2018 Stantec Project No. 193804148 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS 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. aA-r'� �{ �rL/. Christopher W. Long, P.E. Date: March 12, 2018 License # 47106 END OF SECTION PROFESSIONAL CERTIFICATIONS 0 2018 Stantec 1 193804148 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 0031 00 Available Project Information 0041 10 Bid Form 0041 13 Bid Form Attachment A 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 0300 Alternates 01 1000 Summary 01 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 50 00 - Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 7000 Execution Requirements FACILITY CONSTRUCTION SUBGROUP Division 02 - Existing Conditions 0241 13 Selective Site Demolition Divisions 03 to 10 - Not Used Division 11 - Equipment 11 68 13 Playground Equipment Division 12 - Furnishings 12 92 00 Site Furnishings Divisions 13 and 14 - Not Used TABLE OF CONTENTS © 2018 Stantec 1 193804148 0001 10- 1 FACILITY SERVICES SUBGROUP - Not Used SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 2300 Excavation and Fill 31 23 13 Subgrade Preparation 31 32 19 Geosynthetic Soil Stabilization and Layer Separation Division 32 - Exterior Improvements 32 1 1 23 Aggregate Base Courses 32 12 01 Flexible Paving for Municipal Projects 32 13 14 Concrete Walks, Medians, and Driveways 32 16 13 Curbs and Gutters 32 1800 Athletic and Recreational Surfaces 32 92 00 Turf and Grasses Division 33 - Utilities 33 05 05 Trenching and Backfilling 33 40 00 Storm Drainage Utilities 33 46 00 Subdrainage Divisions 34 and 35 - Not Used PROCESS EQUIPMENT SUBGROUP - Not Used END OF SECTION TABLE OF CONTENTS © 2018 Stantec 1 193804148 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, Friday, March 30, 2018, 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: 2018 Park Improvemen_ts:_Sunnvside & Begin „Parks - City Project Nos. 1012 & 1013 In general, the Work is generally described as follows: removal of existing basketball courts, playground containers, and bituminous trail; site grading, bituminous walks, underdrain, resilient surfacing, concrete playground curb and ramp, basketball court reconstruction, court painting and hoop installation. Alternate 1 is to restore park areas with hydromulch and seed. Alternate 2 is to furnish and install benches. Alternate 3 is to furnish and install engineered wood fiber within new playground container. The Project consists of the following approximate quantities for the Base Bid: 1,400 SY Remove Ex. Bituminous Pavement 550 CY Common Excavation 550 TN Aggregate Base 350 TN Bituminous Pavement 300 LF Concrete Playground Curb 150 SF Synthetic Resilient Surfacing 560 LF 4" PVC Draintile 190 SF Concrete Playground Ramp 300 CY Loam Topsoil 1700 SY Erosion Control Compost Blanket Blown with Seed 1200 SY Basketball Court Coloring/Striping 4 EA Basketball Hoop The Project consists of the following approximate quantities for the Alternates: 1700 SY Hydromulch with seed 4 EA Bench 220 CY Engineered Wood Fiber Mulch Along with miscellaneous utility improvements, removals, restoration and correlated appurtenances Complete digital Bidding Documents are available at www.auestcdn.com for $20 by inputting uestCDN eBidDoc #5598583 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, Ann Dienhart, at (651) 604-4725. 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. ADVERTISEMENT FOR BIDS © 2018 Stantec 1 193804148 00 11 13 - 1 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 © 2017 Stantec 1 193804148 0011 13 - 2 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 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. 2.04 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 go to QuestCDN's Projects (www.questcdn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. B. 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. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. 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: INSTRUCTIONS TO BIDDERS © 2018 Stantec 1193804148 0021 13 - 1 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). 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 and drawings known to Owner relating 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, INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804148 0021 13 - 2 and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, 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; INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804148 0021 13 - 3 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 sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLES - 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 writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5-percent of Bidder's maximum Bid price and in the form of a certified check, 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. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804148 0021 13 - 4 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. 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 INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804148 0021 13 - 5 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. 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. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 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. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804148 0021 13 - 6 ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. 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 "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates and Substitute Items accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternates or Substitute Item Bids. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 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 INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804148 0021 13 - 7 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 Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible,. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 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 agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract 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 INSTRUCTIONS TO BIDDERS © 2018 Stantec 1193804148 0021 13 - 8 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 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 © 2018 Stantec 1193804148 0021 13 - 9 This Page Left Blank Intentionally SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. B. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. None PART 2 PRODUCTS Not Used. PART 3 EXECUTION iin1111:i�'.R END OF SECTION AVAILABLE PROJECT INFORMATION © 2018 Stantec 1 193804148 0031 00-1 This Page Left Blank Intentionally Stantec BIDDER: 41� t .� Ji}-tr DOCUMENT 00 41 10 BID FORM 2018 PARK IMPROVEMENTS: SUNNYSIDE & BEGIN PARKS PROJECT NO. 193804148 CITY PROJECT NOS. 1012 & 1013 NEW HOPE, MINNESOTA 2018 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid Is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding DocumentSFor 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: 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 consequenceSFor 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. 0 2018 Siantec 1 193804148 0041 10 - 1 BID FORM F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditionSFor the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition, B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the 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 DocumentSFor the following price(s): All specific cash allowances are included in the prices) 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 11.033 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. ® 2018 Stantec 1 193804148 0041 10 - 2 BID FORM No. Item Units Qty Unit Pdce Total Pdce BASE BID: PART 1: SUNNYSIDE PARK IMPROVEMENTS I MOBILIZATION LS 1 $ —5 2 REMOVE DRAIN TILE PIPE LF 120 $ $ �?l� 3 REMOVE BITUMINOUS PAVEMENT SY 900 $ _ $ 4 REMOVE EX. PLAY CONTAINER CURB LF 650 $ $ ... _.. 5 REMOVE EX. TRASH CONTAINER EA 2 i $ .. _ _b . $ 0 6 REMOVE EX. BASKETBALL HOOP EA 2 $ $ . M0 r 7 REMOVE AND REPLACE CONCRETE CURB & GUTTER LF 20 $ . dr(0,0— . 8 COMMON EXCAVATION (CV) CY 465 $ . L� ! $ 7 9 PLACE SALAVAGED SELECT GRANULAR BORROW CY 400 $ $ 10 GEOTEXTILE FABRIC - TRAIL SY 420 $ �' 7Q _$ 11 SELECT GRANULAR BORROW TN 455 $ .- f3" $ $'ZS 12 AGGREGATE BASE, CLASS 5 TN 535 $ $ �5 13 BITUMINOUS ROADWAY PATCH SY 10 $ __ $'S'O' 14 TYPE S.P. 9.5 BITUMINOUS WEARING MIXTURE (2,C) TN 200 $ __ $� J 15 6" CONCRETE PEDESTRIAN RAMP SF 150 $ 16 TRUNCATED DOMES SF 16 $ 17 4' CONCRETE SIDEWALK RAMP - PLAYGROUND SF 150 $ 12 18 CONCRETE PLAYGROUND CURB LF 300 $ 19 4" CONCRETE RAMP WITH SYNTHETIC RESILIENT SF 150 $ 20 SURFACING COURT COLORING/STRIPING SY 630 $ 7-Q� 21 BASKETBALL HOOP WITH FOUNDATION LS 2 $ 22 6" PVC NON -PERFORATED DRAIN TILE LF 240 $ 0 2018 Stantec 1 193804148 0041 10-3 BID FORM No. Item 23 4" PVC NON -PERFORATED DRAIN TILE 24 4" PVC PERFORATED DRAIN TILE, WITH SOCK 25 4" PVC CLEANOUT 26 27" YARD DRAIN STRUCTURE 27 48" STORM MANHOLE STRUCTURE 28 TEMPORARY CONSTRUCTION ENTRANCE 29 SILT FENCE - MACHINE SLICED 30 LOAM TOPSOIL BORROW (LV) 31 EROSION CONTROL COMPOST BLANKET BLOWN W/ MNDOT 25-151 SEED 32 STREET SWEEPER (W/PICKUP BROOM) TOTAL PART 1: SUNNYSIDE PARK IMPROVEMENTS PART 2: BEGIN PARK IMPROVEMENTS 33 MOBILIZATION 34 REMOVE EX. BITUMINOUS PAVEMENT 35 REMOVE EX. CONCRETE PED RAMP 36 REMOVE EX. TRASH CONTAINER 37 REMOVE EX. BASKETBALL HOOP 38 GEOTEXTILE FABRIC - TRAIL 39 AGGREGATE BASE, CLASS 5 40 TYPE S.P. 9.5 BITUMINOUS WEARING MIXTURE (2,C) 41 COURT COLORING/STRIPING 42 BASKETBALL HOOP WITH FOUNDATION 43 LOAM TOPSOIL BORROW (LV) Units Qty Unit Price Total Price LF 50 $ ! $ LF 400 $ - 1 $ 2iov EA 4 $ (PQ $ iD�O EA 1 $ . $ EA 1 $ , SoC� $ EA 1 $ IZ6c3 $ / LaO— LF 200 $ $ CY 550 SY 3900 $ $ HR 5 LS 1 $ _ _V .' $ SY 820 $ SY 10 $ $ zand' EA 1$— EA 2 SY 20 TN 10 $_ TN 140 $ w SY 680 $ LS 2 $ CY 60 $ 0 2018 Stantec 1 193804148 00 41 10 - 4 BID FORM No. Item Units Qty Unit Price Total Price 44 EROSION CONTROL COMPOST BLANKET BLOWN W/ SY 425 $ 5 $ Z�Z MNDOT 25-151 SEED TOTAL PART 2: BEGIN PARK IMPROVEMENTS $ BASE BID SUMMARY: PART 1: SUNNYSIDE PARK IMPROVEMENTS $ Sr PART 2: BEGIN PARK IMPROVEMENTS $ 31 S- TOTAL BASE BID: $ ALTERNATE 1: HYDROMULCH RESTORATION 45 EROSION CONTROL COMPOST BLANKET BLOWN W/ SY -4325 $ $ ^ r �'- MNDOT 25-151 SEED 46 HYDROMULCH WITH SEED MIXTURE 25-151 SY 4325 $ TOTAL ALTERNATE 1: HYDROMULCH RESTORATION $ ALTERNATE 2: FURNISH AND INSTALL BENCHES 47 BACKLESS BENCH J EA 1 $ / ��� $ 48 BACKED BENCH EA 3 $ ZZ40 $ '3A2d— TOTAL ALTERNATE 2: FURNISH AND INSTALL BENCHES $ 4(34,0 ALTERNATE 3: FURNISH AND INSTALL ENGINEERED WOODFIBER MULCH, FABRIC, AND 49 ENGINEEREDWOOD FIBEGROUND MATS R MULCH CY 261 $ $ 50 GEOTEXTILE FABRIC - PLAYGROUND SF 6486 $ $ 51 PLAYGROUND MATS EA 8 $ 3 $ TOTAL ALTERNATE 3: FURNISH AND INSTALL ENGINEERED $ z3 WOOD FIBER MULCH, FABRIC, AND PLAYGROUND MATS i 0 2018 Stontec 1 193804148 0041 10 - 5 BID CORM No. Item Unit: oty Unit Price Total Price etW $i7P, gtoq,pv BID SUMMARY TOTAL BASE BID TOTAL ALTERNATE 1: $ C TOTAL ALTERNATE Z: $ ti v TOTAL ALTERNATE 3: $ 02018 Siontec 1 193804148 00 41 10 - 6 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. 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. B. Bid Form Attachment A - Responsible Contractor Verification and Certification of Compliance. 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. If Bidder Is: SUBMITTED on • 7'0 2018. Corporation Name: /vl 1 V WZ% / ?(Sa-it, (Z j State of Incorporation: Type (General Business, Professional, Service, Limited Liability): UX-A � BY: (S nalure) Name (typed or printed); Title: Attest (CORPORATE SEAL) (Signolur f o po ofe Secretary) Business Street Address (No P.O. Box #'s): Phone No.: Email.: © 201 B Stantac 1 193804148 0041 10 - 7 BID FORM n Individual Name (typed or printed): By: — (Individual's signature) Doing business as:. — Business Street Address (No P.O. Box Ws): Phone No;. — Email.: Partnership Name: By: — — (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box Vs); Phone No.: Email.: _ END OF DOCUMENT (SEAL) (SEAL) 0 2018 Stantec 1 193804148 0041 10 - 8 BID FORM SECTION 00 41 13 BID FORM ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE: 201$ PARK IMPROVEMENTS: SUNNYSIDE & BEGIN PARKS Minn. Stat. § 16C.285, Subd, 7. IMPLEMENTATION.... any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or 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... Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) 1 The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties,* BID FORM ATTACHMENT A © 2018 Stantec 1 193604148 0041 13 -1 (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project, If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. 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). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. BID FORM ATTACHMENT A © 2018 Stantec 1 193804148 0041 13 - 2 Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document 1 certify that I am an owner or officer of the company, and I swear under oath that: 1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285, 2) I have included Attachment A-1 with my company's solicitation response, and 3) if my company is awarded a contract, I will also submit Attachment A-2 as required. Authorized Signature of Owner or Officer: Title: Co 4 Company Name: /)I c�WtsI hR iA TViL" Sworn to and subscriW before me this j_ y of . 20 Notary Public My Commission Expires: r 3� 2/ Printed Name: Date: .......................... ....................... NOTP.°' r '-,NESOTA _xpires NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. BID FORM ATTACHMENT A 0 2018 Stantec 1 193804148 0041 13 - 3 ATTACHMENT A-1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE: 2018 PART{ IMPROVEMENTS: SUNNYSIDE & BEGIN PARKS Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. Submit this form with the Bid Form. FIRST TIER SUBCONTRACTOR NAMES Name of city where company home (Legal name of company as registered with the Secretary of State) office is located 0 2018 Stantec 1 193804148 BID FORM ATTACHMENT A 004) 13-4 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: 2018 PARK IMPROVEMENTS: SUNNYSIDF & BEGIN PARKS This form must be submitted to the Project Manager or individual as identified in the solicitation document. Minn. Stat. § 16C.285, Subd. 5.... If a prime contractor or any subcontractor retains additional subcontractors on the project aftdr submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. Submit this form to the Project Manager. ADDITIONAL SUBCONTRACTOR NAMES Name of city where company home (Legal name of company as registered with the Secretary of State) I office is located BID FORM ATTACHMENT A 0 2018 Stantec 193804148 0041 13 - 5 ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) Name of city where company home office is located SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2 By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: All additional subcontractors listed on Attachment A-2 have verified through a signed statement under oath by an owner or officer that they meet minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285. Authorized Signature of Owner or Officer: Printed Name: Company Name: M14W Swom to and subscribed before me this Q dof 3 2g0-/4& Notary Public My Commission Expires: 0 2018 Stantec 1 193804148 Date: ----------------------------------------------; 1 1 Y 'i L •i '!t ELVABEIRow DTrD ����•i1N8TA •------lbl�sFa�piros---- -- Jenua-r' • "'t v END OF SECTION BID FORM ATTACHMENT A 0041 13-6 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Midwest Asphalt Services, LLC 6340 Industrial Drive Eden Prairie, MN 55346 as Principal, hereinafter called Principal, and The Hanover Insurance Company 440 Lincoln Street Worchester, MA 01653 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called Surety, are held and firmly bound unto City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 as Obligee, hereinafter called Obligee, in the sum of Five Percent (5%) of Total Amount Bid Dollars ( 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) 2018 Park Improvements: Sunnyside & Begin Parks - City Project Nos. 1012 & 1013 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surely for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of March , 2018 . Midwest Asphalt Services, LLC 4z7i� (Principal) (Seal) W ness) r't (Title) The Hanover Insurance Company (Surety) (Seal) (Witness) 4L 9W J� Title) Nicole Stillings, Attorney -in -Fact AIA DOCUMENT 31 - - FEBRUARY 1970 INSTITUTE of ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT State of Minnesota ) ) SS County of Hennepin } EUTABETH MARIE OTTO MOTMWft" C-Ift80711 mrcam"W Muq 31, 2021 On this 30th day of _ March . 2018 , before me appeared /�-'p"0 !v'4s' to be known, who, being by me duly sworn, did say that (s)he is the ,=-vNT-2--m- of the Limited Liability Company described in and which executed the foregoing instrument, and that (s)he signed his name thereto by order of the Board of Governors of said Limited Liability Company. fZ 1 r f ) , / - Notary Public ILIA of County, i;j- , My commission expires l , 3 t , Z e2- SURETY ACKNOWLEDGMENT State of Minnesota ) ) SS County of Hennepin ) On this 30th day of _ March _ 2018 , before me appeared Nicole Stlllln s _ _ _, to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of _ The Hanover Insurance Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Nicole Stillin s acknowledged said instrument to be the free act and deed of said corporation. M RSONNESOTAires2 Notary Public Hennepin County, Minn__esota My commission expires 1 1 2 22 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF A TTORMEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing underthe laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Melinda C. Blodgett, R. C. Bowan, R. Scott Egginton, Sandra M. Engstrum, Ted Jorgensen, Joshua R. Loftls, Kurt C. Lundblad, Brian J. Oestreich, Jerome T. Oulmet, Nicole Stillings, John E. Tauer, Rachel Thomas, Lin Ulven, Colby D. White and/or Emily White Of Cobb, Strecker, Dunphy & Zimmermann of Minneapolis, MN each individually, If there be more than one named, as Its true and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, In pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, In their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and [hey have no authority to bind the Company except in the manner stated and to the extent of any limltation stated below: Any such obligations in the United States, not to exceed Seventy Five Million and No/100 ($75,000,000) In any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company In their own proper persons. RESOLVED: That any and all Powers of Attorney and Certifled Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7,1981 — The Hanover Insurance Company; Adopted April 14,1982 —Massachusetts Bay Insurance Company; Adopted September 7, 2001 —Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 14th day of February, 2018. The Hanover Insurance Company Massachusattseay Ins4ance company CKIcans Insurance Com ny or America John C. Roche, EVP and President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. The HaeoverIneurance Company Massachusetts Bay Insurance Company Citizens Insurance Company of Amarlca James 14.Kavviecki, 1,ice President On this 14th day of February, 2018 belore me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Companyy and Citizens Insurance Company of America, to me personally known to be the Individuals and oflicars described herein, and acknowledgad that the seals affixed to the preceding Instrument are the corporate seals of The Hanover Insurance Company, Massachusetls Bay Insurance Company and Clllzens Insurance Company of America. respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the author ty and direction of said Corporations. DIANK J. AIIIND trelrr�ti,aw �i Qk{JIL�r FM [Sur,wlrlr� ewlnr niuw l n w, N,na,} FIN-Wic my C•u nu nuR-im Unpi tNY N1 nnh.1. "t 1:' I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the sald Powers of Attorney are still in force and eflac L GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 30th day of March, 2018 CERTIFIED COPY I� Theodore G. Martinez, Vicc Pr<sidrnt SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City ofNew Hope, Minnesota (hereinafter called Owner) and Midwest Asphalt Services (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: Playground Improvements, park grading, basketball court reconstruction/rehabilitation, trail paving. 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: 2018 Park Improvements: Sunnyside & Begin Parks 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. Sunnyside Park (not including basketball court): The Work will be substantially completed on or before June 8, 2018, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before August 31, 2018. Sunnyside Park and Begin Park Basketball Courts: All Work, including the basketball hoop installation and color coat court surfacing, will be substantially completed on or before June 29, 2018, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before August 31, 2018. Note: New bituminous pavement to cure a minimum of 28 days prior to the application of the basketball court color surface system per manufacturer's recommendations. 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 © 2018 Stantec 1 193804148 AGREEMENT FORM 00 52 10 - 1 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 not as a penalty), Contractor shall pay Owner $1000 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 $1000 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 One Hundred Ninety Thousand, Eighty -Three Dollars and Eighty Cents {$190,083.801 for the Total Base Bid, plus Alternate No. 3. 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.A.1 and 6.02.A.2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of 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: l . 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.B.5 of the General Conditions and less 200-percent of Engineer's estimate of the value of Work to be AGREEMENT FORM © 2018 Stantec 1 193804148 00 52 10 - 2 completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 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." E. 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 © 2018 Stantec 1 193804148 0052 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 consist of the following: l . 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: 2018 Park Improvements: Sunnyside & Begin Parks. 7. Addenda (N/A). 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 © 2018 Stantec 1 193804148 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. © 2018 Stantec 1 193804148 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 April 9, 2018 (which is the Effective Date of the Agreement). Owner: City of Nq!t§opq, Minnesota - �� ��� ► N By: _ Attest: 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: NVkvest Asphalt is s VICE r-5E&0I5NT Attest: Z., � . Address for giv License No.: (Where Applicable) Designated Representative: r Facsimile: 95a -- 9 END OF SECTION © 2018 Stantec 1 193804148 AGREEMENT FORM 005210-6 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): 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 (Name, and Address of Principal Place of Business): 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 Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. (Seal) EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 1 of 3 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. 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 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 61 13.13 Pate 2 of 3 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: Owner's Representative (En ineer or other arl : EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 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): OWNER (Name and Address): 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 (Name, and Address of Principal Place of Business): 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 (Seal) . Contractor's Name -and Corporate Seat M. Signature Print Name Title Attest: Signature Title SURETY Surety's Name and Corporate Seal Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessary. (Seal) EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 1 of 3 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 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. 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. OO6113.16Page 2of3 L. 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 nunimum 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 Paue 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 A11-11,11 COUNCIL nN f;Nciw ctrzin•c: CAMP-715 ASCEAmerican Society of Civil Engineers National Society of Professional 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.l7spe.or& American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec_or� American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.ori? Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www. agc. org 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 C 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................................................................................................. 11 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... 11 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 Insur-ance..............:................................................................................ 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. Page i 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. 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Page ii 00 77 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....................................................................................... 4.1 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 Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 j11.01 Cost of the Work.............................................................................................................. 43 i11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 i Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 f 12.02 Change of Contract Times ......................................... .. 48 12.03 Delays............................................................................................................................... 48 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 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. 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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 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, teens 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. 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. Page 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 72 05 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 perfonned, 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, stonn 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 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 1.02.13 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. Page 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 t 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. Pace 7 of 62 v� 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 007205 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. L EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 00 72 05 i l .. 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 forinat 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. Page 10 of 62 00 72 ni 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 permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 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 su_ rface 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. Page 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. Page 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 Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. 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 l . 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. Page 15 of 62 00 72 05 i t� 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 Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 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 5.0l.B, 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 5.0I.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 li nits 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. 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 li nitation 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. Pape 17 of 62 00 7205 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.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 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the 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 y 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 theirs) 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 C 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.B 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.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied -on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. 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 00 72 05 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 asset 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 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 t . substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer f6r evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of ti .. 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 [tie 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. Page 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. Page 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 t - 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 t 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. Page 31 of 62 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. Page 32 of 62 00 72 05 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. 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 00 72 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 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 professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or 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 result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. i 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 00 72 05 t. 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 make 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 13.03.13. 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 L 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 ).Wade 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. Page 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 Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 007205 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 iu 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 007205 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. Pace 41 of 62 00 72 05 3Z 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 Clain 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 12.02.13. 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 Clain 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 11.0l.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall 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 1 . 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 1 Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. L EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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. Page 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.D), 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. 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 Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, 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 11.0LA. 1 or specifically covered by Paragraph 11.0LAA, 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 1of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. . 1. . 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 00 72 05 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. Page 46 of 62 00 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 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.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. Paue 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 12.01.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 11.01.A.4, 11.01.A.5, and 11.01.13; 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 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted 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 05 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 by 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 iwithin 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 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. Paee 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 05 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 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. M EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 00 72 05 3M 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. Page 52 of 62 007205 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 more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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. Page 54 of 62 007205 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. Page 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.1 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 OS 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 5.04.13.6; 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. Page 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 t 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 f 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 M 2. a waiver of all Claims by Contractor against Owner other than those previously made in l accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. 1. M EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 00 72 05 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 15.02.13 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 Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be 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. Paee 62 of 62 110 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 007205 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.A.26 Add the following language at the end of the definition of Milestone: The completion dates for Milestones are defined in Section 00 52 10, Agreement Form. SC-1.01.A.44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete as stated in Section 00 52 10, Agreement Form. 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-4.04.A Add the following new item immediately after Item 2.d: 3. The subsurface utility information on the Drawings is utility quality level D. This quality level was determined according to the guidelines of Cl/ASCE 38-.2, entitled "Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data". SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804148 00 73 05 - 1 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. ARTICLE 5 - BONDS AND INSURANCE SC-5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing 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 5.04.13: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related 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 SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804148 00 73 05 - 2 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 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.A.1 through 5.06.A.7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the 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.A.7: 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 5.06.0 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." SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804148 00 73 05 - 3 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. 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. SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804148 00 73 05 - 4 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. 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. SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804148 00 73 05 - 5 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. 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: 1. 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. SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804148 00 73 05 - 6 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. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC-10.053 Amend the first sentence of Paragraph 10.05.13 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.13 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 11.01.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. SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804148 00 73 05 - 7 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." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.135 Add the following new item immediately after Item 14.02.B.5.d: 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.C.3 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. 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 statute 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: SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804148 00 73 05 - 8 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. 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 L_. SUPPLEMENTARY CONDITIONS y 0 2018 Stantec 1 193804148 00 73 05 - 9 r� This Page Left Blank Intentionally L SECTION 01 03 00 ALTERNATES PART 1 GENERAL 1.01 SUMMARY A. This Section identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the low Bidder. 1.02 DESCRIPTION OF ALTERNATES A. Alternate No. 1: Hydromulch Restoration: Restoration by hydromulch with seed in lieu of the Base Bid specified compost blanket blown with seed. B. Alternate No. 2: Furnish and Install Benches: Furnish the specified benches and labor necessary to install benches per manufacturer's instructions. C. Alternate No. 3: Furnish and Install Engineered Wood Fiber Mulch, Fabric, and Playground Mats: Furnish the materials and labor necessary to place non -woven geotexile fabric on sand subbase within Sunnyside Park play container, place engineered wood fiber mulch on top of fabric, and install playground mats under the slides and swings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION © 2018 Stantec 1 193804148 ALTERNATES 01 03 00 - 1 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: 2018 Park Improvements: Sunnyside & Begin Parks for the City of New Hope, Minnesota, City Project Nos. 1012 & 1013. B. Description of Work: Project consists of removal of existing basketball courts, playground containers, and bituminous trail; site grading, bituminous walks, underdrain, resilient surfacing, concrete playground curb and ramp, basketball court reconstruction, court painting and hoop installation. Alternate 1 is to restore park areas with hydromulch and seed. Alternate 2 is to furnish and install benches. Alternate 3 is to furnish and install engineered wood fiber, playground mats, and geotextile fabric within new playground container. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be completed within the project area construction limits and right of way. 2. Pavement removals shall be minimized in an effort to avoid long segments of roadway being rough or gravel for long periods of time. 3. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 4. Keep existing driveways and entrances clear and available to the public and to the Owner at all times. SUMMARY 9) 2018 Stantec 1 193804148 01 10 00 - 1 5. If additional space is needed, obtain and pay for such space off Site. Access to Site 1. Residents shall have access to all side streets and driveways between 7 P.M. and 7 A.M. 2. Access to schools shall be maintained at all times. Any driveway or lane closures at the schools shall be coordinated and approved with the Owner and School. 3. Access to businesses located near project areas shall be maintained throughout the duration of the project. 4. Working Hours: The Contractor shall work only between 7 A.M. and 8 P.M., Monday through Friday, and between 9 A.M. and b P.M. on Saturday, unless given written permission by the City to perform work outside of these hours. 1.07 OTHER WORK AT SITE A. Contractor shall coordinate project scheduling, grading, paving and other pertinent construction elements with play equipment installation, which will be completed as a separate project and contract. In general, the play equipment installation shall require the following coordination and scheduling: 1. Play Equipment installation shall include components as manufactured by Flagship Structures. 2. Play equipment shall be installed after the play container concrete curb is installed and sub base is prepared, and prior to installation of sand (drainage aggregate), drain tile, concrete ramp, geotextile fabric and engineered wood fiber. Swing equipment should be installed after the access route is prepared and prior to synthetic resilient surfacing. Specific scheduling and sequencing must be verified with play equipment installation contractor. 3. City contract for play equipment requires that installation of equipment will be completed within 10 working days of prepared site. Contact Engineer for additional information about the play equipment installation. B. Allow private utility crews free access to the Site and a reasonable amount of time to complete their work. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2018 Stantec 1 193804148 01 10 00 - 2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 9i uu-:l 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 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. C. Alternate No. 1 - Hydromulch Restoration - Add to Total Base Bid. 1. In general, the Work of Alternate No. 1 consists of all costs to furnish the materials and labor necessary to restore disturbed park areas with hydromulch with seed in lieu of base bid restoration method of compost blanket blown with seed. D. Alternate No. 2 - Furnish and Install Benches - Add to Total Base Bid 1. In general, the Work of Alternate No. 2 consists of all costs to furnish the materials and labor necessary to install specified backed and backless benches on concrete pad. (Concrete pad will be constructed by City of New Hope). E. Alternate No. 3 - Furnish and Install Engineered Wood Fiber Mulch - Add to Total Base Bid 1. In general, the Work of Alternate No. 3 consists of all costs to furnish the materials and labor necessary to place non -woven geotexile fabric on sand subbase within Sunnyside Park play container, place engineered wood fiber mulch on top of fabric, and install playground mats under the slides and swings. 1.04 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 the Work and thereby causes the materials to be PRICE AND PAYMENT PROCEDURES © 2017 Stantec 1 193804148 01 20 00 - 1 wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.05 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. 3. Wage reports, etc. required for funded projects. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2017 Stantec 1 193804148 01 20 00 - 2 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 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. Traffic Signal: Hennepin County and Owner. 6. Gas: CenterPoint Energy. 7. Telephone/Cable/Fiber: Comcast, Spring, Centuryl-ink, Access Communications, Arvig, Rogers Communications, AT&T, Zayo, Others. C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner. B. 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. C. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 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 0 2018 Stantec 1 193804148 0131 00 - 1 B. Engineer will furnish a Resident Project Representative consistent with Paragraph 9.03 of the Supplementary Conditions. 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. Engineer will set the time, sites, and prepare the agenda 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. 1.07 SPECIAL PROCEDURES A. All work is to be completed in 2018, as specified in the Agreement Form. B. Quebec Avenue North and 55th Avenue North shall be open to traffic and emergency vehicles at all times. C. Resident and business notification of Work directly affecting their property is required for all situations. The Owner and Project Inspector will provide notices to residents. However, it is the responsibility of the Contractor to ensure that all those affected are aware of issues such as access restrictions. D. Any additional costs associated with cold weather curing for concrete material will be the responsibility of the Contractor. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2018 Stantec 1 193804148 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 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 1 1 by 17-inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. 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. S. 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 © 2018 Stantec 1 193804148 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 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 name. 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 by 1 1-inches. Non -legible copies will not be reviewed. C. Submit an electronic copy or a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each electronic or hard copy shall contain the following information: l . 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. 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 © 2018 Stantec 1 193804148 01 33 00 - 2 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMITTAL PROCEDURES 0 2018 Stantec 1 193804148 01 33 00 - 3 This Page Left Blank Intentionally SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of 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 Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, - transport samples to laboratory, and facilitate tests and inspections for storing and curing of test samples. QUALITY REQUIREMENTS © 2018 Stantec 1 193804148 01 40 00 - 1 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS © 2018 Stantec 1 193804148 01 40 00 - 2 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 5 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. No Bid Item has been provided for Temporary Fence. Any temporary construction fence required for safety will be considered incidental to the Project with all costs included in the Base Bid. 3. No Bid Item has been provided for Traffic Control. a. This project is expected to have minimal traffic control and therefore signage needed to protect on -street staging will be considered incidental to the Project. 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. The Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. TEMPORARY FACILITIES AND CONTROLS © 2018 Stantec 1 193804148 01 50 00 - 1 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. 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 EXECUTION 2.01 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. 2.02 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 MnMUTCD. 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. 2.03 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 TEMPORARY FACILITIES AND CONTROLS © 2018 Stantec 1 193804148 01 50 00 - 2 remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. 2.04 ADDITIONAL TRAFFIC CONTROL DEVICES A. General 1. The Engineer may require more traffic control as traffic conditions may warrant. 2. The Contractor shall furnish the additional traffic control devices as ordered by the Engineer. 3. The devices shall be.installed and maintained ,in a functional and/or legible condition at all times, to the satisfaction of the Engineer. END OF SECTION TEMPORARY FACILITIES AND CONTROLS © 2018 Stantec 1 193804148 01 50 00 - 3 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? 1. Are any devices missing? ❑Yes ❑ NO Do any devices need repair? ❑Yes ❑ NO Were all replaced or repaired? ❑Yes ❑ NO 2. Are any lights (flashers, etc.) not functioning? ❑Yes ❑ No Were they all replaced or repaired 1-1 Yes ❑ No 3. Are any devices improperly placed? I- 1Yes ❑ No Were all positions corrected? ❑Yes ❑ NO 4. Do any devices need cleaning? ❑Yes ❑ No Where all devices cleaned? ❑Yes ❑ NO ADDITIONAL COMMENTS: The above check was completed by on: (date) at: (time) (name / title) 1 .1AM ❑PM 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 1. 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 based on Linear Feet actually installed. b. Temporary Construction Entrance: Measurement will be by each. c. Water for Dust Control is considered incidental to the Project. d. Water used for the construction will be considered incidental to the Project. e. Storm Drain Inlet Protection will be considered incidental to the Project for all new structures. The shown work is not expected to have excess street tracking and therefore inlet protection is not included for existing storm structures. 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. TEMPORARY EROSION AND SEDIMENT CONTROL © 2018 Stantec 1 193804148 01 57 13 - 1 1.04 SUBMITTALS A. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2.0 and submitted each week that construction is active. B. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 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. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and ott-Site damage by covering exposed soils with mulch and establishing perimeter controls. TEMPORARY EROSION AND SEDIMENT CONTROL © 2018 Stantec 1 193804148 01 57 13 - 2 E. 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. l . 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 $2,000 per calendar day deduction for noncompliance. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: CONFORM TO MNDOT SPEC. 3886. A. Machine sliced (MS). 2.02 SEDIMENT CONTROL LOGS: CONFORM TO MNDOT SPEC. 3897. A. Sediment control logs may be used in lieu of silt fence as approved by the Engineer. B. Straw or wood fiber biorolls, 6 to 7 inches in diameter. C. Compost or rock logs, 6 to 8 inches in diameter. 2.03 HYDRAULIC EROSION CONTROL PRODUCTS A. Conform to MnDOT Spec. 3884. B. Type Hydraulic Mulch. 2.04 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. 2.05 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. c. Filter bag insert conforming to MnDOT Spec. 2573 subject to Site and approved by the Engineer. B. Inlet protection for non -paved surfaces without curb or areas where vegetation will be established. The following methods are acceptable: 1. Conform to the details on the Drawings. TEMPORARY EROSION AND SEDIMENT CONTROL © 2018 Stantec 1 193804148 01 57 13 - 3 2. Silt fence ring, or approved equal: a. Place wire mesh cage in a circular or square confirmation to form a minimum 5-foot diameter zone of protection. b. Geotextile shall be monofilament/monofilament meeting the requirements of MnDOT Spec. Heavy Duty. c. Loose aggregate or a rock logs) around perimeter of ring to anchor geotextile. 3. Sediment control inlet hat conforming to MnDOT Spec. 2573. a. InfraSafe Sediment Control Barrier by Royal Enterprises (http://www.royalenterprises.net/). 4. Rock filter. 2.06 DUST CONTROL A. Water clear and free from suspended fine sediment. 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. 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. Hydraulic Erosion Control Products 1. Apply in conformance with MnDOT Spec. 2575.3.E. 2. Raking or harrowing of soil/seed and slope (cat) tracking shall be done before installation of hydromulch. 3. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 4. Type Hydraulic Mulch a. Application Rate for Slopes greater 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. D. Erosion Control Blanket 1. Install immediately following seeding in accordance with MnDOT Spec. 2575.3.G, and as modified below. TEMPORARY EROSION AND SEDIMENT CONTROL 0 2018 Stantec 1 193804148 01 57 13 - 4 2. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. 3. Install blanket parallel to the direction of flow. 4. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re -seeded, and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a 1-time proper installation is acceptable. Storm Drain Inlet Protection 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3.M, 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. 6. Floatation silt curtain shall remain in place until such time that water contained within is free from turbidity: a. The curtain shall be removed within 72-hours after this determination has been made. b. At the completion of the Project, the floatation silt curtain shall be removed in such a manner so as to minimize release of sediment adhering to the turbidity curtain. 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. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and off -Site damage, to prevent health hazards, - and to improve traffic safety. END OF SECTION TEMPORARY EROSION AND SEDIMENT CONTROL © 2018 Stantec 1 193804148 01 57 13 - 5 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 l . A Bid Item has been provided for Street Sweeper (With Pickup Broom). Measurement will be by the units of hours that the sweeper is operating on site to remove sediment and other deposits from adjacent streets. Street sweeping shall only be at the direction of the Engineer on Site. No payment shall be made for street sweeping required due to lack of sediment and erosion control of the Site. a. Contractor should anticipate multiple mobilizations to perform this Work. 2. All other Work and Costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: l . Record Documents, including updated Signal Record Plans as shown in T-Series Sheets. 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. EXECUTION REQUIREMENTS © 2018 Stantec 1 193804148 01 70 00 - 1 C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work,true to line and level, within recognized industry tolerances. 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. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 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. 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. 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. 3.04 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. 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing 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. EXECUTION REQUIREMENTS © 2018 Stantec 1 193804148 01 70 00 - 2 E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 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 withholding.tox@state.mn.us. END OF SECTION EXECUTION REQUIREMENTS © 2018 Stantec 1 193804148 01 70 00 - 3 This Page Left Blank Intentionally 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 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. 2. Measurement will be based on the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: a. Remove Drain Tile Pipe: Per Lineal foot of pipe actually removed. Removal and proper disposal of fittings, flared ends or other connections are incidental to this bid item. b. Remove Bituminous Pavement: Per square yard without regard to thickness. Bid Item is for removal of bituminous pavement trails, street patch and basketball courts as shown in the Drawings. Saw -cutting shall be incidental to this bid item. c. Remove Ex. Concrete Pedestrian Ramp: Per square yard without regard to thickness. d. Remove Ex. Play Container Curb: Per lineal foot, including existing concrete and timbers, regardless of type. Saw cut of existing curb and gutter for removal is considered incidental to this bid item. e. Remove Ex. Trash Container: Per Each. Includes removal and disposal of existing trash containers. f. Remove Ex. Basketball Hoop: By Each hoop. Removal includes removal and disposal of existing basketball hoop, backboard, post and foundation. g. Remove and Replace Concrete Curb and Gutter: Refer to Section 32 16 13. 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. SELECTIVE SITE DEMOLITION © 2018 Stantec 1 193804148 0241 13 - 1 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. 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. SELECTIVE SITE DEMOLITION © 2018 Stantec 1 193804148 0241 13 - 2 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. 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. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line to a depth of 1 /3 of the thickness of the concrete prior to breaking off the pavement. B. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.05 REMOVE BITUMINOUS PAVEMENT, PATH, DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.3.C.2, except as modified below: 1. Saw cut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. 3.06 REMOVE CONCRETE RAMP A. Saw cut concrete surfacing prior to removal. B. Remove concrete in such a manner that the remaining surfacing is not damaged. SELECTIVE SITE DEMOLITION © 2018 Stantec 1 193804148 0241 13 - 3 C. When removing existing driveways, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as 12-inches maximum from the back of new Work and 6-inches beyond the edge of new driveways). 3.07 REMOVE CURB AND GUTTER A. Saw cut at removal limits. B. Concrete Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits required to form for new construction (assumed 12-inches maximum from the back of new Work 3.08 REMOVE BITUMINOUS SURFACING A. Remove bituminous in such a manner that the remaining surfacing is not damaged. B. When removing existing driveways, the Contractor shall not disturb any material beyond the limits required to form for new construction (assumed 12-inches maximum from the back of new Work and 6-inches beyond the edge of new driveways). 3.09 REMOVE SECTIONS OF EXISTING PIPE A. Pipes to be abandoned shall be bulkheaded with non -shrink concrete grout 8-inches thick at the upstream ends, at the downstream ends that connect to catch basins, manholes, and at locations as determined by the Engineer. B. Pipe to be abandoned shall be filled with suitable material as directed by the Engineer. C. Pipe to be abandoned shall be removed if the top of pipe is within 3-feet of final surface elevation. 3.10 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. 3.11 DISPOSING OF MATERIAL A. Conform to MnDOT Spec. 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 SELECTIVE SITE DEMOLITION © 2018 Stantec 1 193804148 0241 13 - 4 SECTION 11 68 13 PLAYGROUND EQUIPMENT PART 1 GENERAL 1.01 SECTION INCLUDES A. Provide playground mats as shown on the Drawing and specified herein. (Alternate #3) B. Provide synthetic resilient surfacing on a concrete base as shown on the Drawings and specified herein. C. Provide filter fabric and engineered wood fiber mulch as shown on the Drawings and specified herein (Alternate #3). 1.02 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for "Playground Mats." Measurement shall be per each mat, measuring at 4-feet by 6-feet by 2-inches. 1. All labor and materials necessary for the installation of the playground mats shall be measured and paid for on a unit price of each. A Bid item has been provided for "4" Concrete Ramp with Synthetic Resilient Surfacing." All labor and materials necessary for the installation of the synthetic resilient surfacing shall be measured and paid for by the square foot. Measurement for payment shall include the beveled edge. All labor and materials necessary for the installation of the concrete and sub -base shall be incidental to the unit price for the synthetic resilient surfacing. No payment shall be made for surfacing provided above the play quantity defined in the Bid Form unless approved by the Engineer. C. A Bid Item has been provided for "Engineered Wood Fiber Mulch". Payment for the engineered wood fiber mulch shall be by the cubic yard of loose volume (LV) for the material depth as shown on the Drawings. Measurement for payment includes the delivery, materials, installation and protection of installed Fiber Mulch. Multiple mobilizations are possible due to initial settlement of the Fiber Mulch. Typically, 15-inch loose depth will compact to required 12-inch depth as per Drawings. Mulch is to match top of constructed play container curb. This Bid Item is for Alternate #3. D. A Bid Item has been provided for "Geotextile Fabric - Playground". Payment for geotextile filter fabric shall be by the square foot installed as indicated on the Bid Form. Payment at the Bid Unit Price shall include all materials, installation, and protection of installed Geotextile Fabric as specified. This Bid item is for Alternate #3. 1.03 RELATED SECTIONS A. Section 31 23 00 - Excavation and Fill. B. Section 32 13 14 - Concrete Walks, Medians, and Driveways. C. Section 33 46 00 - Subdrainage. PLAYGROUND EQUIPMENT 0 2018 Stantec 1 193804148 11 68 13 - 1 1.04 REFERENCES A. Latest edition of the ASTM's "Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment." ASTM F1292-99. B. Latest edition of the ASTM's "Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment." ASTM F1951-99. 1.05 SUBMITTALS A. Playground mat material data. B. The Contractor shall submit manufacturer's data and warranty and proof of required certifications for synthetic resilient surfacing. C. The Contractor shall submit synthetic resilient surfacing manufacturer's data showing recommended thickness for the project fall heights and what thickness shall be provided for this Project. D. The Contractor shall submit color samples for the synthetic resilient surfacing. E. The Contractor shall submit a 1-pound sample of engineered wood fiber mulch for approval. PART 2 PRODUCTS 2.01 PLAYGROUND MATS A. Mats for protection of filter fabric and surfacing under swings and at slide exits shall be 4-feet by 6-feet by 2-inches, as supplied by Dynacushion, or prior approved equal. 2.02 SYNTHETIC RESILIENT SURFACING A. Synthetic resilient surfacing shall be a seamless impact -absorbing cushioned surface applied on a concrete sub -base. B. Thickness shall meet or exceed manufacturer's recommendations for the required fall heights and safe use zones of adjacent play components per CPSC guidelines. Fall heights for this project are 8-feet. Verify manufacturer's recommendation for surfacing thickness for the 8-feet fall height. C. Preapproved products and manufacturers include: 1. Playgound Extreme 100 poured -in -place system by Surface America, (Surface America, Inc., P.O. Box 157, Williamsville, NY, 14231, (800) 999 0555,) or 2. Pebbleflex by Landscape Structures, Inc. (Flagship Recreation, LLC, 5607 Cedar Lake Road, St. Louis Park, MN, 55416, (763) 550 7864, or 3. Prior approved equal D. The top surface layer mix shall be composed of 50 percent dark/black and 50 percent light color. Color shall be selected from manufacturer's standard colors by the Owner. PLAYGROUND EQUIPMENT © 2018 Stantec 1 193804148 11 68 13 - 2 2.03 ENGINEERED WOOD FIBER MULCH A. Engineered Wood Fiber Mulch shall conform to ASTM F1292-99 and ASTM PS83-97 or ASTM F1951-99. Mulch shall be Softstep® by Woodchips of Princeton, Inc (Sylva Corporation), Woodcarpet® by Zeager Bros., Fibar Systems® by The Fibar Group, or a prior approved equal. 2.04 GEOTEXTILE FILTER FABRIC A. Geotextile filter fabric shall be Geotex® 401 by Synthetic Industries, 130 EX by LINQ Industrial Fabrics, Inc., Typar® 3301 by LINQ Industrial Fabrics, Inc., Mirafi® 140N by TC Mirafi or prior approved equal. PART 3 EXECUTION 3.01 INSTALLATION A. Playground mats shall be installed per manufacturer's instructions, following the installation of the engineered wood fiber mulch. Installer of synthetic resilient surfacing shall inspect and approve the concrete sub -base prior to installation. Install synthetic resilient surfacing, including beveled edge, as shown on the Drawings and per manufacturers' details and specifications. Extend beveled edge below sand level required for container fall heights in order to avoid tripping hazards. Allow recommended curing time for concrete base and protect from moisture and extreme temperatures if necessary. C. Engineered wood fiber mulch shall be delivered, stored and installed per the drawings and manufacturer's details and recommendations. D. Geotextile filter fabric shall be installed per the Drawings and the manufacturer's details and recommendations. Secure Geotextile filter fabric at edges. END OF SECTION PLAYGROUND EQUIPMENT © 2018 Stantec 1 193804148 11 68 13 - 3 This Page Left Blank Intentionally SECTION 12 92 00 SITE FURNISHINGS PART 1 GENERAL A. Section Includes 1. The work in this Section includes the furnishing all labor, equipment, materials, including anchorages and fittings, and performing all operations, including fabrication, delivery, and installation, required for Site Furnishings as shown in strict accordance with the Construction Drawings and as herein specified. B. Related Sections 1. Section 32 13 14 - Concrete Walks, Medians, Driveways. 1.02 PRICE AND PAYMENT PROCEDURES A. Unit Prices 1. A Bid Item has been provided for "Basketball Hoop with Foundation." Payment will be by each hoop and foundation furnished, installed as per manufacturer's instructions in accordance with the Drawings and as specified herein. 2. A Bid Item has been provided for "Backed Bench" and "Backless Bench." Payment is for providing fully installed, anchored bench in accordance with the Drawings and as specified herein. Both Bid Items are for Alternate #2. B. Measurement and Payment 1. Measurement of the Bench is by Each, in accordance with the Drawings. Payment will be made at the Contract price per number installed. 1.03 REFERENCES A. Reference Standards: The following publications form a part of this Specification to the extent referenced. The publications are referenced in the text by basic designation only: 1. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.). 2. ASTM: American Society for Testing and Materials. 3. NBGQA: National Building Granite Quarries Association. 1.04 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Coordinate installation with the representatives of the other trades on Site and Owner's Representative to facilitate Work and avoid conflicts in construction sequence and Site furnishing and other construction. B. Scheduling 1. Prior to starting Work, submit for review by the Project Landscape Architect/Owner's Representative, and approval by the Owner, a schedule showing the commencement, order and completion date of the Work. SITE FURNISHINGS © 2014 Stantec 1 193804148 12 92 00 - 1 1.05 SUBMITTALS A. Submit all required items for approval before work is started. B. Action Submittals l . Product Data: For each stone type and each manufactured product shown on Drawings or specified. a. Product data submittals shall include physical property data for each stone type. 2. Shop Drawings a. General: For each item specified, provide information showing complete detail, location in the project, material and size of components, method of joining various components and assemblies, finish, and location, size and type of anchors. b. Mark items requiring field assembly for erection identification and furnish erection drawings and instruction. c. Provide templates and rough -in measurements as required. d. Show fabrication and installation details for stone. Include dimensions and profiles of stone units. 3. Samples a. Samples of selected color and finish for Benches. C. Informational Submittals 1. Certifications: Submit a letter of certification from the manufacturer, stating the material being furnished is the specified material and there are sufficient reserves available to supply the Project and furnish replacements if needed. 2. Qualification Statements: Submit qualifications data indicated under Quality Assurance for the following: a. Installer. b. Fabricator. D. Closeout Submittals 1. Warranty Documentation. 1.06 QUALITY ASSURANCE A. Regulatory Requirements 1. Contractor shall obtain all permits and pay all required fees to any governmental agency having jurisdiction over the Work. Inspections required by ordinances during the course of construction shall be arranged as required. Notify Owner's Representative of the time of such inspections 48 hours prior. 2. When the Contract Documents call for materials, workmanship, or construction of a better quality, higher standard, or larger size that required by the above -mentioned rules and regulations, provide the quality and size required by the Contract Documents. 3. On completion of the Work, satisfactory evidence shall be furnished to the Owner's Representative to show all Work has been installed in accordance with the ordinances and code requirements. 4. The Contractor shall acquire the necessary right of way access permits that may be necessary for completion of the specified Work. B. Qualifications 1. Installer Qualifications: Engage experienced installer that has completed installation similar in material, design, and extent to that indicated for the Project. SITE FURNISHINGS © 2014 Stantec 1 193804148 12 92 00 - 2 1.07 DELIVERY, STORAGE, AND HANDLING A. Delivery and Acceptance l . Package to prevent damage or deterioration during shipment, handling, storage and installation. Maintain protective covering in place and in good repair until removal is necessary. 2. Products shall be delivered to Site in manufacturer's original, unopened containers and packaging. Notify Engineer a minimum of 5 days prior to delivery for inspection. 3. Contractor shall remove shipping materials as needed and inspect products for damage immediately, upon delivery to the Site and coordinate inspection by Resident Engineer. Storage and Handling 1. Contractor shall repack and store products in a secure area and protect from damage and adverse environmental conditions. Storage subject to approval by Engineer. 2. Materials, products and finished shall be protected from damage during handling and installation. C. Waste Management and Disposal 1. Dispose of all waste generated from Site furnishing packaging and installation as required by local ordinances. 2. Any excess material is the property of the Contractor and shall be disposed of off Site. 3. Recycle all materials that are recyclable and dispose of all organic materials at composting facilities. 1.08 FIELD CONDITIONS A. Field Measurements: Verify actual locations of paving, walls and other construction contiguous with site furnishings by field measurements before fabrication and indicate measurements on Shop Drawings. 1.09 WARRANTY A. Manufacturer's Warranty: Submit manufacturer's standard limited warranty on all Site furnishing Bid Items. B. Installer Warranty: Installer shall warrant all site furnishing installation for a period of no less than 1 year, including fastener and anchorage failure. PART 2 PRODUCTS 2.01 MATERIAL A. Basketball Hoop with Foundation l . Goalsetter Adjustable MVP System - 5" Post System, 72" acrylic backboard (Item No.: 65-067) or approved equal. 2. Goalsetter MVP Adjustable Basketball System - Lock -out Accessory (Item No.: 66-196) 3. Supplier: GopherSport, Contact: Ben Peterson, Ph. 507-475-4366, BenPeterson@aopherSport.com or approved equal. 4. Manufacturer Website: ht�1w_w_w.goolsetter.com/ I hn-ground-basketbali-hoolas/72- backboard/mwp-signature-series.htmW/rim-lid breakowav/backboard > addincl- none/r)ole-oodding-nonelbackboard material -acrylic SITE FURNISHINGS © 2014 Stantec 1 193804148 12 92 00 - 3 B. 6' Backed Bench 1. Manufacturer: Anova or approved equal. 2. Series Name: Ultra 6' Expanded Steel Contour Bench with Surface Mount. 3. Model Name: F1027. 4. Style: Backed, with end arms, without seat divider. 5. Metal Finish: Plastisol Fusion Coating. Color to be selected by Engineer from manufacturer's full range of Powdercoated Metal and Metallic color options. 6. Attachment: Surface Mount. 7, Attachment: Surface Mount. 8, Steel Pattern: Expanded. 9. Size: 32 1 /4 inches H by 27 inches W by 79 3/8 inches L. 10. Supplier: Midwest Playscapes, Contact: Matt Finnegan, Ph. (952) 457 2950, softai187@inte ra.net, 500 Pine Street, Suite 104, Chaska, MN 55318 www.midwest la sca es.com C. 6' Backless Bench 1. Manufacturer: Anova or approved equal. 2. Series Name: Ultra 6' Expanded Steel ADA Sleek Flat Bench with Surface Mount. 3. Model Name: F1365. 4. Style: No back, with end arms, without seat divider. 5. Metal Finish: Plastisol Fusion Coating. Color to be selected by Engineer from manufacturer's full range of Powdercoated Metal and Metallic color options. 6. Attachment: Surface Mount. 7. Steel Pattern: Expanded. 8. Size: 27 1 /4 inches H by 23 3/4 inches W by 79 3/8 inches L. 9. Supplier: Midwest Playscapes, Contact: Matt Finnegan, Ph. (952) 457 2950, soffail87@int.egra.nel, 500 Pine Street, Suite 104, Chaska, MN 55318 www,midwestl2lovscapes.com D. Miscellaneous Material 1. Anchoring Cement: Factory -packaged, non -shrink, non -staining, hydraulic -controlled expansion cement formulation for mixing with water at the Site to create pourable anchoring, patching, and grouting compound. 2. Anchor bolts, and other fastener components shall be stainless steel, ASTM A276, Type 304 and painted to match site furnishings. Proposed substitutions of other non- corrosive fasteners may be submitted to Owners Representative. PART 3 EXECUTION 3.01 EXAMINATION A. Field Measurements: The Contractor shall verify site conditions and dimensions shown on the Drawings. Notify Owner's Representative of any major differences, obstructions, or utilities that in any way affect Site furnishing installation. B. The Contractor shall not work in unpaved areas, unless soil moisture is at field capacity or drier. C. Contractor shall verify with the electrical, irrigation, and other utility contractors the location of all sleeves have been installed prior. SITE FURNISHINGS © 2014 Stantec 1 193804148 12 92 00 - 4 D. The Contractor shall be responsible for verifying the presence and location of all underground utilities and obstructions prior to excavation. Damage to utility lines, services, and other structures shall be repaired at the Contractor's expense. Examine surfaces indicated to receive the Site furnishing, with installer present, for compliance with requirements for installation tolerances and other conditions affecting performance. Do not proceed with installation until unsatisfactory conditions have been corrected. F. The Contractor shall inspect the correct and level finished grade, mounting surfaces, and other conditions affecting performance. Discrepancies, irregularities, etc. shall be brought to the attention of the Owner's Representative. 3.02 PREPARATION A. Where existing work and improvements are in place, cover, fence, and protect all such work and improvements from damage and soiling from construction operations. B. Contractor shall maintain and protect all temporary erosion control and tree protection on the Site from damage during construction operations. Any damage to existing structures, vegetation to remain, and erosion control shall be reported to the Owner's Representative immediately and corrected at no cost to the Owner. C. Remove debris and loose particles. Verify that all elements in this section "fit" within the locations provided as shown in the Drawings. D. Verify placement and alignment for all Site furnishings. E. If the condition of the existing facilities at the locations of the waste receptacles will not allow installation as indicated in the Drawings, contact the Engineer and provide proposed modification to the location or method of installation satisfactory to the Engineer. F. Unpack and assemble (as needed) and install items in accordance with manufacturer's printed instructions, unless otherwise specified or shown. G. Clean dirty or stained stone surfaces before setting 1. Scrub with fiber brushes, drench with clear water 2. Use mild cleaning compounds. 3. Do not use acids or wire brushes. 3.03 INSTALLATION A. General 1. Install items rigid, plumb, level and true to lines, levels and orientation shown in details and shop drawings. 2. Contractor shall take necessary measure to protect Site furnishings and existing work and surfaces from damage, marring or soiling during transport, handling, and installation. 3. Contractor shall transport, position, and install all Site furnishings as indicated in the Drawings and Specifications, and as approved by the Engineer. 4. Contractor shall permanently affix all Site furnishings to the ground. SITE FURNISHINGS © 2014 Stantec 1 193804148 12 92 00 - 5 B. Basketball Hoop and Foundation 1. Per Manufacturer's Instructions. 3.04 FIELD QUALITY CONTROL A. After sweeping the surface clean, check final elevations for conformance to the Drawings and these Specifications. 3.05 CLEANING, REPAIR, AND RESTORATION A. All damage to Site from Site furnishing installation work must be repaired by the Contractor at no cost to the Owner. B. Soil, dust, or similar material brought into paved areas by work operations shall be removed promptly, keeping these areas clean at all times. C. Restore areas damaged during installation and construction period to their original condition or to desired new appearance so no evidence remains of correction work. D. Existing plants that are damaged by the Contractors operations will be appraised using the International Society of Arboriculture (ISA) guide. The Contractor shall be responsible for replacement, repair, and/or payment in damages in accordance with MnDOT 1712. E. Touch Ups: Touch up scratches and other blemishes in the powdercoat, paints and other finishes as per manufacturer's instructions. 3.06 PROTECTION A. Contractor is responsible for protecting the installed furniture from damage, soiling, or staining during any additional construction operations conducted under this Contract at no additional cost to the Owner. B. Work related to the Site furnishings included in this Section shall not disturb or damage the surrounding landscape, including, but not limited to utilities, concrete work, landscaping, lawns, and other Site furnishings. Any damage caused by the work to the surrounding landscape must be replaced by this Contractor at no cost to the Owner. END OF SECTION SITE FURNISHINGS © 2014 Stantec 1 193804148 12 92 00 - 6 SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways Related Sections 1. 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. 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 Common Excavation (CV) - Measurement will be by the compacted volume of material in its original position, based measurements performed by the Engineer at the time of construction in the units of cubic yards. a. Payment is for site grading, excavation of trails, excavation for new play container and basketball court, filling existing play containers and export of excess material not used on site for grading. 3. A Bid Item has been provided for Select Granular Borrow. Measurement will be by the ton of material compacted in place as determined from haul tickets supplied by Contractor. Payment will include all costs related to furnishing and installing the material complete in place as specified. a. If the granular material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of plan thickness. Said quantities shall be based on material weighing 1 10 pounds per square yard of area per inch of thickness. b. Payment will include material and all required hauling, placement, grading, and compaction to install in place as specified. 4. A Bid Item has been provided for Place Salvaged Select Granular Borrow - Measurement will be by the cubic yard of material used from the City provided on -site stockpile of existing sand to be used to supplement the sand layer requirements for the new play container section or use within grading of berm located adjacent to play container. Any material that is deemed unacceptable by the Engineer for re -use shall be removed from the site under the pay item Common Excavation. It is assumed that all the salvaged material will be acceptable for re -use in the new play container. 5. A Bid Item has been provided for Loam Topsoil Borrow (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. EXCAVATION AND FILL © 2018 Stantec 1 193804148 31 23 00 - 1 6. No Bid Item has been provided for Subgrade Excavation as it is not expected to be required for this project and is therefore incidental to the Project Base Bid. 7. No Bid Item has been provided for utility excavation. Excavation shall be incidental to the related Bid Item. 8. 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. 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. 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. Complete finish grading of turf areas within 5 calendar days after backfill. PART 2 PRODUCTS 2.01 MATERIALS A. Topsoil Material: Conform to MnDOT Spec 3877.2.B: Loam Topsoil Borrow. 1. Material shall be screened and pulverized. B. Salvaged Stockpiled Sand: Recycled sand the former play container shall be used as drainage aggregate under the new play container. C. Common Borrow: Conform to MnDOT Spec. 2105.2.B. 1. The material shall be a soil which is capable of attaining specified compaction levels, excluding soils with contain organics, debris, or are potentially expansive (CH or MH per the Unified Soil Classification System). EXCAVATION AND FILL © 2018 Stantec 1 193804148 31 23 00 - 2 PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3.A, 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. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3.C, 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. 2105.3.D, or as modified herein. 1. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 2. Remove muck excavation material so as to minimize disruption to the bottom of the excavation. 3. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 4. No solid rock will be allowed within 12 inches of the subgrade. 5. Provide and maintain temporary drainage facilities until permanent facilities are completed. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3.1, 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. 3.05 FINISHING OPERATIONS A. Conform to MnDOT Spec. 2105.3.H, 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 © 2018 Stantec 1 193804148 31 23 00 - 3 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 © 2018 Stantec 1 193804148 31 23 00 - 4 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. 2111 -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, basketball courts and play ground container immediately after installation of drain the pipe as part of trench backfill and compaction. PART 2 PRODUCTS Not Used. SUBGRADE PREPARATION © 2018 Stantec 1 193804148 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 COMPACTION A. Conform to MnDOT Spec: 2105.3.F, 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. 3.03 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3.H, 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 © 2018 Stantec 1 193804148 31 23 13 - 2 SECTION 31 32 19 GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Geotextile fabric used for street construction. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Geotextile Fabric - Trail. Measurement will be based on units of square yards of actual surface area covered by Geotextile Fabric, Type V Non -woven. Payment at the Bid Unit Price shall include all materials, installation, and protection of installed Geotextile Fabric as specified. The required overlap joint or joint sewing shall be incidental to this fabric item with no direct payment being made. 2. A Bid Item has been provided for Geotextile Fabric - Playground. See Section 11 68 13 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. 3733 - Geotextiles. 1.04 SUBMITTALS A. Manufacturers Certificate of Compliance which includes the following information: 1. Full product name by trademark and style number. 2. Geotextile polymer type(s). 3. Geotextile physical properties. B. Samples of the Geotextile 1. The geotextile machine direction shall be marked on each sample submitted for testing. PART 2 PRODUCTS 2.01 GEOTEXTILE FABRIC -TRAIL AND PLAYGROUND A. Conform to the requirements of MnDOT Spec. 3733, Type 5 (non - woven), except as modified below: © 2018 Stantec 1 193804148 GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION 31 32 19-1 I . Materials: The fabric installed on top of the road subgrade shall consist of a polypropylene or polyester filament or yarn, non -woven, needle punched. The fabric shall be inert to commonly encountered chemicals, resistant to ultraviolet radiation, and conform to meet the following minimum Specifications: Geotextile Spec. Test Method Value Grab Tensile Strength ASTM D4632 200 either principal direction, lbs. Grab Tensile ASTM D4632 50 Elongation, Percent, Max. Ultra Violet Light Stability ASTM D4355 70-Percent Retained* Burst Strength ASTM D3786 400 p.s.i., min. (Diaphragm Method) Trapezoid Shear ASTM D4553 80 Strength, lbs. min. (any direction) Puncture Strength ASTM D4833 130 lbs., min. Permittivity (sec-1) ASTM D4491 1.5 Flow Rate ASTM D4491 95 Gal./Min./ft.2 Minimum Fabric Weight 8 oz/sy AOS (U.S. Sieve) ASTM D4751 70 to 100 *Percent retained of specified fabric strength as determined by ASTM D4632 (Grab Tensile) when exposed for 150 hours as per ASTM D4355. PART 3 EXECUTION 3.01 PREPARATION A. Excavation: Conform to Section 31 2300. B. Subgrade Preparation: Conform to the requirements of Section 31 23 13. Subgrade shall be toleranced and approved before geotextile placement. 3.02 INSTALLATION -TRAIL FABRIC A. Conform to MnDOT Spec. 3733.2A except as modified below. B. Place geotextile immediately ahead of the covering operation. 1. No geotextiles shall be left exposed to sunlight during installation for a total of more than 7 calendar days. GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2018 Stantec 1 193804148 31 32 19 - 2 2. The geotextile shall be laid smooth without excessive wrinkles. 3. The geotextile shall not be dragged through mud or over sharp objects which could damage the geotextile. C. All adjoining sections of the geotextile shall be overlapped a minimum of 18 inches or sewn using mechanical machine. D. Secure fabric in place by means of stone weights to prevent displacement. E. If geotextile is torn or punctured, the damaged area shall be repaired or replaced 1. The patch shall overlap the existing geotextile a minimum of 3 feet from the edge of any part of the damaged area. 3.03 INSTALLATION - SAND FILTER FABRIC A. Install per manufacturer's specifications. 3.04 FILL PLACEMENT A. Only granular spreading methods that will not tear the fabric shall be used. Granular borrow shall not be dropped on the fabric from a height greater than 3 feet 1. Place a minimum of 8 inches of granular borrow on the geotextile prior to the movement of construction equipment. Carefully monitor turning movements. 2. Tracked or wheeled equipment shall not be permitted to drive directly on the fabric. 3. Any ruts occurring during construction shall be filled with additional granular borrow and compacted to the specified density. C. Compaction of first lift above the geotextile shall be limited to routing of placement and spreading equipment only. No vibratory compaction will be allowed on the first lift. END OF SECTION GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2018 Stantec 1 193804148 31 32 19 - 3 This Page Left Blank Intentionally SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL �[i>�► u��l�l►mi'1 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 12 01 - Flexible Paving (Municipal Projects). 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 1 10 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). AGGREGATE BASE COURSES © 2018 Stantec 1 193804148 32 11 23-1 PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate, except as modified herein: 1. For any failing aggregate tests, the Engineer, at his/her discretion, may require corrective action or allow for monetary price adjustments per MnDOT Spec. 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, trails, 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 © 2018 Stantec 1 193804148 32 11 23 - 2 SECTION 32 12 01 FLEXIBLE PAVING (MUNICIPAL PROJECTS) PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Hot plant mixed asphalt -aggregate mixtures for wearing and non -wearing pavement courses. 2. Bituminous tack coat. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 13 14 - Concrete Walks, Medians, and Driveways. 3. Section 32 16 13 - Concrete Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Method of Measurement and Payment shall conform to MnDOT Spec. 2360.4 and 2360.5, except as modified herein. 2. No Bid Item has been provided for Bituminous Material for Tack Coat. a. Cleaning of all debris and dirt from the previous bituminous surfaces prior to placement of Tack Coat is incidental. b. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with non -wearing and wearing course placement is considered incidental to the placement of the non -wearing course. 3. Bid Items have been provided for Type SP 9.5 Wearing Course Mixture (2,C). a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT 2360 Plant Mixed Asphalt Pavement, MnDOT 2016. b. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. c. Partial payment will not exceed 70-percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. d. Payment for Aggregate Base under trail and court areas shall be measured and paid per Section 32 11 23. 1. A Bid Item has been provided for Bituminous Roadway Patch. This Bid Item is for patching street in front of remove and replaced curb and gutter. The depth of the bituminous patch shall match the existing depth of the pavement in that area. Saw cutting, preparation and addition of aggregate base as directed by engineer, compaction, bituminous material and tack coat for the patch is considered incidental to the bid Item. a. Measured by the square yards of material placed and accepted. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT 2360 Plant Mixed Asphalt Pavement, MnDOT 2016. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2018 Stantec 1 193804148 32 1201 - 1 b. The Bid Unit Price includes bituminous patching mix (2,C) (approximately 6-inch depth expected in total and asphalt binder material. c. Partial payment will not exceed 70-percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. 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. 2016 MnDOT Specification 2360 Plant Mixed Asphalt Pavement. A copy can be found at httQ: www.dof.stote.ml-i.us re-lettin sec 2016 2016s ecbook. df a. Within this document replace the words "Department Bituminous Engineer" or "District Materials Engineer" with the word "Engineer." 2. 2357 - Bituminous Tack Coat. 3. 3139 - Graded Aggregate For Bituminous Mixtures. 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.2.F and 2360.2.G.8, and Division 01. B. Contractors shall submit mix design report for all projects, regardless of the size of the project. C. Contractor shall submit Q/C results in accordance with MnDOT Spec. 2360.2.G.8 and MnDOT's most recent Materials Control Schedule. 1.05 SEQUENCING AND SCHEDULING A. Aggregate base, concrete pedestrian ramps, and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48-hour notice for scheduling and noticing of the residents prior to paving operations. PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT Spec. 2360.1.A, except as modified in the typical section Detail Drawing and Bid Form.Conform to MnDOT Spec. 2360.2, except as modified herein. 1. Recycled Asphalt Shingles are not allowed in wear or non -wear course pavements. 2. Sewage Sludge Ash (SSA) is not allowed in wear or non -wear course pavements. C. Bituminous Tack Coat 1. Bituminous Material: Conform to MnDOT Spec. 2357. a. Emulsified Asphalt, Cationic, CSS-1 or CSS-1 H. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2018 Stantec 1 193804148 32 12 01 -2 D. Mixture Quality Management (Quality Control/Quality Assurance): Conform to MnDOT Spec. 2360.2.G, except as modified herein. 1. Quality Control (QC) Testing: The Contractor will be allowed to provide historical testing data from the previous 3 days of production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.11 for Course Aggregate Angularity and Fine Aggregate Angularity. The Contractor will be allowed to provide historical testing data from the previous 10 days of Contractor production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.11 for TSR, Aggregate Specific Gravity, and Asphalt Binder Content. 2. Quality Assurance testing will be completed at the discretion of the Engineer, testing rates will not exceed Table 2360.10 and 2360.11. a. A verification sample will betaken by the Engineer. The Contractor will be required to use the verification companion sample as part of the QC testing program. PART 3 EXECUTION 3.01 GENERAL A. Conform to the requirements of MnDOT Spec 2360.3, except as modified herein. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). C. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. D. Preparation of Bituminous Non -Wear Course 1. Final clean-up of the bituminous surface with the use of a power pickup broom and front-end loader. 2. Adjust structures conforming to the requirements of Section 33 05 17. Joints: Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight and bituminous tack coat applied prior to placement of each bituminous course (lift). 1. Forjoint construction, an existing bituminous surface shall be considered to include any bituminous surface not paved on the same day as the new construction. The Owner may require milling or saw cutting on surfaces paved the same day, if, in the opinion of the Owner, the mix has cooled to a point where a new milled or sawed edge is necessary. 2. Construct 2-foot wide (min.) ramp where new construction does not match existing construction (i.e. wearing course to non -wearing course). 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.3.A, except as modified herein. B. All street surfaces checked and approved by the Engineer prior to paving. C. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. D. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat is 50 degrees F or less, unless otherwise approved by the Engineer. 0 2018 Stantec 1 193804148 FLEXIBLE PAVING (MUNICIPAL PROJECTS) 321201 -3 3.03 EQUIPMENT A. Conform to MnDOT Spec. 2360.3.B. 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. B. Restrictions 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: Conform to MnDOT Spec. 2360.3.B. D. Road Surface Preparation: Conform to MnDOT Spec. 2357.3.C. E. Application 1. At a uniform rate conforming to MnDOT Spec. 2357.3.D (Table 2357-2). 2. Along the front edge of the concrete curb and gutter, prior to placement of both bituminous base and wearing course. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Spec. 2360.3.D, except as modified herein. 1. Pathways, Driveways, Small Parking Lots, Basketball Courts, Leveling Courses, and Patching shall conform to Section 2360.3.D.2 - Ordinary Compaction Method. 2. All other Pavement Density shall conform to Section 2360.3.D.1 - Maximum Density Method. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. END OF SECTION FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2018 Stantec 1 193804148 32 1201 - 4 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. 4. Section 32 12 01 - Flexible Paving (Municipal Project). 5. Section 32 16 13 - Concrete Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for 6" Concrete Pedestrian Ramp. Measurement shall be the area in square feet of actually constructed ramp. a. Measurement of ramp shall not include adjacent concrete curb and gutter. b. Payment shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Saw cutting of existing concrete sidewalk or bituminous pathway pavement. 4) Placement of materials. 5) Finishing. 6) Curing and protection. 7) Backfilling. c. Excavation for concrete pedestrian curb ramp shall be measured and compensated per Section 31 23 00. d. Aggregate base beneath concrete pedestrian curb ramp shall be measured and compensated per Section 32 11 23. 2. A Bid Item has been provided for the Truncated Domes. Measurement shall be on the basis of square feet of Truncated Dome Surface actually furnished and installed a. Payment shall include the following: 1) Truncated panel materials. 2) Placement of truncated panels. 3) Joint sealing material. 4) Protection of truncated panels during construction. 3. A Bid Item for 4 Inch Concrete Sidewalk Ramp -Playground 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. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2018 Stantec 1 193804148 32 13 14 - 1 6) Reinforcement. 7) Backfilling. b. Excavation for concrete sidewalk Ramp is considered incidental. c. Aggregate base beneath concrete sidewalk shall be measured and compensated per Section 32 11 23. 4. The 4" Concrete playground ramp base located under the resilient surfacing is incidental. Bid item can be found in the Playground Equipment Section 11 68 13. 5. 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. 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 prior to 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. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein. 1. 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. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2018 Stantec 1 193804148 32 13 14 - 2 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. E. Truncated Dome Panels: Approved products. 1. East Jordan Iron Works - Cast Iron, Powder coated - Charcoal Grey. 2. Neenah Foundry Company- Cast Iron, Powder coated -Charcoal Grey. 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. Construct concrete curb ramp to conform to the Drawings. E. Verify locations with Engineer in the field prior to construction. F. 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. G. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. H. 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 32 11 23 or Section 31 23 13. Compaction of subgrade base shall conform to MnDOT Spec. 221 1.3C. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2018 Stantec 1 193804148 3213 14 - 3 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 four 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. 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. l . 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 F 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. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2018 Stantec 1 193804148 32 13 14 - 4 3.08 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.2F.1.b, except as modified herein. 1. High early concrete shall be designed to provide a maximum water/cementitous ratio of 0.38. 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid.ltem for high early strength concrete, compensation will be at an agreed upon price not to exceed 20-percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. 3.09 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 © 2018 Stantec 1 193804148 32 13 14 - 5 This Page Left Blank Intentionally SECTION 32 16 13 CURBS AND GUTTERS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in -place concrete curbs, and concrete curb and gutter. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 12 01 - Flexible Paving (Municipal Projects). 3. Section 32 13 14 - Concrete Walks, Medians, and Driveways 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Concrete Playground Curb. Measurement of curb shall be by the lineal foot measured along the face of the curb. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. a. No separate measurement or payment for modifications at curb ramps, transition sections, or curb depressions at driveway aprons. 2. Bid Items have been provided for Remove and Replace Concrete Curb & Gutter. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line, regardless of curb type. Payment shall include sawcutting existing concrete curb, excavation, appropriate removal of concrete off -site, materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. Measurement shall not include frames/castings that are located along the face of the curb. a. Curb type shall match existing. b. No separate measurement or payment for modifications at curb ramps or transition sections. 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 Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 -Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3702 - Preformed Joint Fillers. 6. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound. CURBS AND GUTTERS © 2018 Stantec 1 193804148 32 16 13- 1 7. 3755 - Linseed Oil Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7-day and two 28-day concrete cylinder 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. Install concrete curb and gutter within 1 week after aggregate base has been completed and approved. B. Concrete curb and gutter construction precedes installation of pavement. Allow for sufficient curing time. C. Coordinate notifications of restricted driveway access with Engineer and property owners. Minimizing inconvenience to businesses and residents is a necessity to the success of the project. D. Spot replacement of curb and gutter should be completed prior to any bituminous paving or patching. 1. Install new curb and gutter within 3 days of removal in these areas. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein. 1. 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 for Concrete Curb and Gutter. a. Manual Placement Mix No. 3F52C. b. Slip Form Placement Mix No. 31`32C. B. Pre -Formed 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. CURBS AND GUTTERS © 2018 Stantec 1 193804148 32 16 13 - 2 PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to Site. B. Construct concrete curb and gutter at the locations and elevations indicated on the Drawings. C. Construct the style or type of curb and gutter as shown on the Drawings. D. Construct intersection curb radii and transitions sections to conform to the detail on the Drawings. E. Construct transition sections at inlet structures to conform to the detail on the Drawings. F. Construct concrete curb ramp depressions to conform to the detail on the Drawings. G. Construct curb transitions for driveways to conform to the detail on the Drawings. Locations to be verified by Engineer at the time of construction. H. 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. I. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. J. Contractor shall confirm locations of application of curing compound to existing curb and gutter with the Engineer prior to application. K. Contractor shall take care during cure application to protect existing driveways and street surfaces from cure material. L. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 32 11 23. 3. Aggregate base shall be approved by Engineer prior to curb and gutter placement. 3.03 FORMS A. Conform to MnDOT Spec. 2531.3.13. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3.E, except as modified herein. 1. Maximum spacing of expansion joints for slip formed shall be 200-feet. CURBS AND GUTTERS © 2018 Stantec 1 193804148 32 16 13 - 3 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3.F, except as modified herein. 1. Where required, install two No. 4 steel reinforcing rods in lower portion of the curb section with a minimum of 2-inch coverage on all sides. a. Placement at catch basins conform to the details on the Drawings. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2531.3C, except as modified herein. 1. The top surface of the curb and gutter shall have a brush finish at right angles to the curb line. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3.G and 2531.3.G.1.a (Membrane Curing Method), except as modified herein. 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must be applied in 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. 2531.3.G.1.b curing blanket method, except as modified below: a. If temperatures are projected to fall below 32 degrees F 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 cur isidered unacceptable. 6. Removal and replacement of any curb 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. 2531.3.H, except as modified herein. 1. Initial Backfilling a. Follow the 72-hours curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Final Grading a. Following completion of private utility work by others. 3. Curb damaged during Backfilling is the responsibility of the Contractor. 3.09 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.2.F.1.b, except as modified herein. 1. High early concrete shall be designed to provide a maximum water/cementitous ratio of 0.38. CURBS AND GUTTERS © 2018 Stantec 1 193804148 32 16 13 - 4 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20-percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. 3.10 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531.3.1, 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. 2. Acceptance of Work by price reduction will not be allowed. END OF SECTION CURBS AND GUTTERS © 2018 Stantec 1 193804148 32 16 13 - 5 This Page Left Blank Intentionally SECTION 32 18 00 ATHLETIC AND RECREATIONAL SURFACES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Base Bid Item: Furnish and install non -resilient color coat court surfacing as specified herein and shown on the Drawings. The surfacing shall be a 2-color system. In additional to the 2-color system, the surfacing shall include the white playing lines. 1.02 PRICE AND PAYMENT PROCEDURES A. A Bid Item for Court Coloring/Striping has been included in the Base Bid. Payment shall be by the Square Yard of basketball court surface colored. Striping shall be in accordance to the Drawings and include the leveling, preparation, installation, and protection of the 2-color system. B. All Work and costs of this Section shall be included in the Total Base Bid. 1.03 QUALITY CONTROL A. Installer must provide a list of references for installations of the proposed color coat system. Said references shall be from a minimum of 1 installation in each of the previous 5-years. 1.04 SUBMITTALS A. Comply with Section 01 33 00 - Submittal Procedures B. Product Data: Submit manufacturer's product data, including surface and crack preparation and application instructions. C. Samples: Submit manufacturer's color samples of color coating. Owner has a preference of a dark green inner court and a light green outer court. Final color section shall be determined with submitted color samples per Section 01 33 00. D. Test Reports: l . Submit independent test results for solar reflectance index. 2. Submit independent test results for 2000 Hour ASTM G154, accelerated weathering UV test, to demonstrate long-term durability and fade resistance. 3. Submit independent test results for 2000 Hour, accelerated weathering ASTM G155 Xenon Arc test, to demonstrate long-term fade resistance and quality of pigment. E. Manufacturer's Certification: Submit manufacturer's certification that materials comply with specified requirements and are suitable for intended application. F. Warranty Documentation: Submit manufacturer's standard warranty. ATHLETIC AND RECREATIONAL SURFACES © 2018 Stantec 1 193804148 32 18 00 - 1 PART 2 MATERIALS 2.01 GENERAL A. Colors for the court areas shall be chosen by the Owner from the manufacturer's standard colors. The majority of the court will be one color and the lane will be another color. B. The manufacturer shall guarantee the material for 1 year from date of finished application against chalking, checking, fading, discoloration, or other adverse effects from ultra violet rays of the sun, from weather moisture, or from weather temperatures. The material shall be delivered to the Project Site in its original unopened containers clearly labeled with trade name and number of manufacturer. 2.02 MANUFACTURERS AND PRODUCTS A. ADVANTAGE Sport Coating Systems, Inc. Local Representative - Vance Bros, Inc. 14021 Azurite Street NW Ramsey, MN 55303 (763)421-4034 B. Plexipave System - California Products Corporation P.O. Box 390563 169 Waverly Street Cambridge, MA 02139-0007 (800) 225-1141 ext 522 C. Other manufacturers and products with prior approval. PART 3 EXECUTION 3.01 INSTALLATION A. Surface Preparation: Allow new bituminous pavement to cure a minimum of 28 days prior to the application of the basketball court color surface system per manufacturer's recommendations. The surface must be kept clean, damage free, and be secured from all traffic prior to installation of color surface system. All backstops must be installed prior to the color coat system. Inspect overall surface condition and verify that court has been constructed to spot elevations and slopes shown on the Drawings. Surface variations shall not exceed 1/8-inch in 10-feet when measured in any direction with a straight edge. If court is not In compliance with design grades, noliry Digirieur ueroie proceeding. B. Filling Depressions: Prior to application of the color finish system, the court surface shall be flooded with water and allowed to drain. Any depressions thereupon holding water deeper than 1/8-inch shall be marked. The Engineer shall be notified in advance and be present for this inspection. All marked depressions shall be filled using the plant mix bituminous immediately. The curing period will not start until patching has been finished. ATHLETIC AND RECREATIONAL SURFACES 0 2018 Stantec 1 193804148 32 18 00 - 2 C. After curing is completed, clean the surface with high pressure air (minimum 125 CFM) of all loose dirt and debris. The surface must also be power -washed at 3500 psi minimum with a rotary tipped washer. The basketball court color surface system shall be applied in multiple layers to achieve a uniform surface. D. Prime Coat: Apply 2 coats of acrylic resurfacer/sand mix per manufacturer's printed specifications. Allow each coat to dry completely. E. Prime Coat: Apply 2 coats of acrylic surface/sand mix per manufacturer's printed specifications. Allow each coat to dry completely. F. Playing Lines: Playing lines for the court shall be accurately located and marked in accordance with the Drawings and other applicable rules. Mask lines and apply 2-inch wide masking tape and apply manufacturer's line paint per American Sports Builders Association requirements. Painting shall be done by skilled craftspeople in accordance with the manufacturer's standard printed instructions. All lines shall be white. G. Weather Limitations: No product application work shall be performed when rain is imminent or expected prior to product curing, when the court surface is wet, when the air temperature is below 50 degrees F or is anticipated to fall below 50 degrees F during the product drying period or when freezing nighttime temperatures are anticipated. END OF SECTION ATHLETIC AND RECREATIONAL SURFACES © 2018 Stantec 1 193804148 32 18 00 - 3 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, sod, soil amendments, mulch, and erosion control compost blanket. 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 l . A Bid Item has been provided for Erosion Control Compost Blanket Blown with MnDOT 25-151 Seed. Measurement will be based on units of square yards installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer, seed, and all correlated activity to pneumatically install Erosion Control Compost Blanket Blown with Seed. Maintenance and watering shall be incidental to this Bid Item. 2. A Bid Item has been provided for Hydromulch with Seed Mixture 25-151. Measurement will be based upon units of square yard for each seed mix installed in place with hydromulch as specified, including preparing topsoil, preparation of seedbed, fertilizer; seed, mulch, and all correlated activity. This Bid Item is for Alternate # 1. 3. Temporary Seed is considered incidental to the project. There is no Bid Item as it is not foreseen to be needed if work progresses on the project per the schedule outlined in the Agreement. 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. Minnesota Department of Transportation Seeding Manual 2014 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 3300. B. Identification verifying contractor is certified Filtrexx Installer as determined by Filtrexx International, LLC (440-926-8041) or approved equal. C. Compost sample complying with all local, state, and federal regulations, along with a certificate of compliance. Test results can be submitted using the US Composting Council Seal of Testing Assurance Program. TURF AND GRASSES © 2018 Stantec 1 193804148 32 92 00 - 1 D. Product Data: Provide nursery source and invoice for seed to be purchased for this Project. 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. F. 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. G. 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. H. Fertilizer manufacturer's certificate of compliance. Written document verifying compliance with fertilizer specified. Label from soil moisture amendment product utilized. 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. l . 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 cvaluation 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 blown with seed. PART 2 PRODUCTS 2.01 TOPSOIL: Conform to Section 31 23 00. TURF AND GRASSES © 2018 Stantec 1193804148 32 92 00 - 2 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 HYDRAULIC SOIL STABILIZER (HYDROMULCH): Conform to Section 01 57 13. 2.05 EROSION CONTROL COMPOST BLANKET A. Grade 2, weed -free compost. B. Compost to be derived from a well -decomposed source of leaf, grass and wood feedstock. C. Produced using an aerobic composting process meeting CFR 503 regulations, including time and temperature data indicating effective weed seed, pathogen and insect larvae kill. D. Free of any refuse, contaminants or other materials toxic to plant growth. E. Non -composted products are not acceptable. F. Particle size for pneumatically applied blanket cover shall pass a 19mm (0.75 inch) sieve, in accordance with TMECC 02.02-B, "Sampling Sieving for Aggregate Size Classification." 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. TURF AND GRASSES © 2018 Stantec 1 193804148 32 92 00 - 3 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. 2574.3.D. 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 EROSION CONTROL COMPOST BLANKET- BLOWN WITH SEED INSTALLATION A. 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. B. Seeding Rates: Conform to MnDOT Spec 2575.3 and Table 1 in the 2014 MnDOT Seeding Manual, except as modified herein: 1. For 25-151 seed mix, apply seed at a rate of 120 lbs. per acre. C. Compost Blanket shall be pneumatically applied with blower equipment in a non - compacted layer. 1. Thickness: 2 inches. 2. Injection seeded and fertilized during the process of compost application. 3. Install compost blanket in 1 lift. 4. Application rate: 1 inch of compost equals approximately 135 cubic yards of compost material per acre of application area. a. Contractor shall supply truck load tickets to verify application rate. 3.05 MULCH: Conform to Section 01 57 13. TURF AND GRASSES © 2018 Stantec 1 193804148 32 92 00 - 4 3.06 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to Section 01 57 13. 3.07 TOPSOIL A. Place topsoil subgrade. Final in place depth shall be as shown on the drawings. B. Surface of topsoil shall conform to the final grade. C. Place topsoil so as not to compact underlying soils. Do not compact topsoil. 3.08 COMPOST A. When Compost is specified, thoroughly mix specified compost with specified topsoil prior to placement. 3.09 TURF ESTABLISHMENT A. Water seeded areas as necessary during the establishment period to provide establishment of turf over 90 percent per each square foot. 3.10 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 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. 3.11 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. TURF AND GRASSES © 2018 Stantec 1 193804148 32 92 00 - 5 B. At the conclusion of the establishment period(s), a final inspection of planting(s) 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 © 2018 Stantec 1 193804148 32 92 00 - 6 SECTION 33 05 05 TRENCHING AND BACKFILLING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. B. Related Sections 1. Section 33 40 00 - Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . Trench Excavation: Excavation and backfilling of trench shall be included in the price of pipe provided. 2. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. 3. Temporary Bracing and Sheeting: Considered part of the excavation costs with no additional compensation to Contractor, unless provided for otherwise. 4. Density Tests a. Passing Tests: All costs paid by Owner. b. Failing Tests: All costs charged to and paid by the Contractor. 5. 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. 2451 - Structure Excavations and Backfills. 3. 3149 - Granular Material. American Society of Testing Materials (ASTM) 1. C1479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard Installations. 2. D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft-Ibf/ft). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00: 1. Product Data for each Borrow Material: a. Name and location of source. TRENCHING AND BACKFILLING © 2018 Stantec 1 193804148 33 05 05 - 1 b. Results of gradation tests. 1.05 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Site. Required when foundation is soft or unstable. D. Filter Aggregate: Free draining mineral product used around drain the pipe. E. Rock Excavation: Includes such rocks that are not decomposed, weathered, or shattered, and which will require blasting, barring, wedging, or use of air tools for removal. Also included are any boulders, concrete, or masonry structure (except concrete pavement, curb and gutter, and sidewalk) exceeding 1 cubic yard. F. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. G. Sand Cushion: Aggregate bedding material used around pipe in areas where rock excavation is encountered, where pipe insulation is used, and when crossing existing utilities. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of undorground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1 /2 inch as measured from the beginning to the end of the settlement, as determined by the Engineer, will be repaired in a manner acceptable to the Owner at the Contractor's expense. TRENCHING AND BACKFILLING © 2018 Stantec 1 193804148 33 05 05 - 2 PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC) Pipe and High Density Polyethylene (HDPE) Pipe. 1. Comply with MnDOT Spec. 3149.213 1 for granular borrow. a. No on the Site granular material encountered during construction may be used without the permission of the Engineer. b. 1-inch maximum aggregate size. 2.02 FILTER AGGREGATE MATERIAL A. Comply with MnDOT Spec. 3149.2H 2.03 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149.213.1 for Granular Borrow. 1. No on Site granular material encountered during construction may be used without the permission of the Engineer. 2. 1-inch maximum aggregate size. 2.04 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. PART 3 EXECUTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surface features, and document condition. B. Re -inspect foundation soils if rain fall or snow has occurred after initial inspection but prior to placing pipe and bedding. 3.02 PREPARATION A. Notify Utility Owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, structures, pavement, etc., that are not designated on the Drawings to be removed. C. Notify utility companies of progress schedule so they can accomplish any necessary relocations and removals that they have agreed to relocate, remove, or support. D. Implement traffic control. TRENCHING AND BACKFILLING © 2018 Stantec 1 193804148 33 05 05 - 3 E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Strip off existing topsoil from within the trench excavation limits and stockpile. Separate vegetative strippings from salvageable topsoil and dispose of appropriately. G. Crossing Under Existing Utility Lines l . Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 2. Where possible and as authorized by the utility, temporarily remove the utility line, install the new pipe, and reinstall the utility line. 3. Where existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100-Percent Standard Proctor Density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Conform to ASTM C2321, or modified herein. Trench Excavation 1. Excavate trench to alignment and grade shown on the Drawings. 2. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100-Percent Standard Proctor Density. 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Corurnission or the requirements of the Occupational Safety and I lealth Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, etc. b. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under "Backfill Above Pipe Zone." 7. Dispose of excess excavated materials off of right-of-ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. C. Water Control 1. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1 foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. D. Trench Bottom 1. Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where in the opinion of the Engineer, unsatisfactory foundation TRENCHING AND BACKFILLING © 2018 Stantec 1 193804148 33 05 05 - 4 conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 2. Provide temporary support, remove, relocate, or reconstruct existing utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture, or failure. 3. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. c. For PVC and HDPE Pipe, the sand cushion shall be placed to 1 foot above the pipe and shall be paid as pipe bedding. The remainder of the trench up to the top of the rock shall be backfilled with granular backfill material. 5. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 3.04 PIPE BEDDING A. Polyvinyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM D2321. B. Reinforced Concrete Pipe: Bed pipe in accordance with Class C-1 Bedding C. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6-inch clearance from pipe. D. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. Place material completely under pipe haunches in uniform layers not exceeding 4-inches in depth. C. Hand (shovel) tamp along pipe within haunch zone. TRENCHING AND BACKFILLING © 2018 Stantec 1 193804148 33 05 05 - 5 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3F1 "Specified Density Method.'' Trenches shall be compacted to a minimum of 95-percent, except to 100-percent in the upper 3 feet. If the moisture content of the backfill materials is greater than 3 percent above the optimum moisture, compact the materials to a minimum density of 3 pounds/cubic foot less than the Standard Proctor Curve at that moisture content, except that minimum compaction shall be 85-Percent of Standard Proctor Density. D. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. 3.08 QUALITY CONTROL A. Density Tests: To be performed by an approved soils testing firm at various locations and depths throughout the Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and re -compacted until the density requirements are met. END OF SECTION TRENCHING AND BACKFILLING 0 2018 Stantec 1 193804148 33 05 05 - 6 SECTION 33 40 00 STORM DRAINAGE UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer pipe, manholes, catch basins, fittings, and miscellaneous appurtenances. Related Sections l . Section 31 23 00 - Excavation and Fill. 2. Section 32 11 23 - Aggregate Base Courses. 3. Section 32 16 13 - Concrete Curbs and Gutters. 4. Section 33 05 05 - Trenching and Backfilling. 5. Section 33 46 00 - Subdrainage. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . Bid Items have been provided for 27" Yard Drain Structure. Measurement will be based on units of each, according to type and size, regardless of depth, for furnishing and installing structures complete, including casting frame and cover, and adjusting rings in place as specified. 2. Bid Items have been provided for Storm Sewer Manhole. Measurement will be based on units of each, according to type and size, regardless of depth, for furnishing and installing structures complete, including casting frame and cover, and adjusting rings in place as specified. 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 Castings. 2. Al 53 - Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware. 3. A615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. 4. A760 - Specification for Corrugated Steel Pipe, Metallic - Coated for Sewers and Drains. 5. C76 - Specification for Reinforced Concrete Culvert, Drain, and Sewer Pipe. 6. C139 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 7. C150 - Specification for Portland Cement. 8. C206 - Specification for Finishing Hydrated Lime. 9. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 10. C443 - Specification for Joints for Circular Concrete Sewer and Pipe, Using Rubber Gaskets. 11. C478 - Specification for Precast Reinforced Concrete Manhole Sections. STORM DRAINAGE UTILITIES © 2018 Stantec 1 193804148 33 40 00 - 1 12. D1248 - Specification for Polyethylene Plastic Molding and Extrusion Materials for Wire and Cable. 13. D 1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 14. D2837 - Specification for Standard Test Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials. 15. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. 16. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 17. F794 - Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter. 18. F894 - Specification for Polyethylene (PE) Large Diameter Profile Wall Sewer and Drain Pipe. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 2461 - Structural Concrete. C. American Association of State Highway and Transportation Officials "Standard Specifications for Highway Bridges," 2002 Edition (AASHTO). 1.04 SEQUENCING AND SCHEDULING A. Do not pursue work -causing shut off of utility service (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. Successfully complete required inspections and tests before commencement of Section 32 11 23 and Section 32 16 13. 1.05 SUBMITTALS A. Submit Shop Drawings for storm sewer structures consistent with Section 01 33 00. B. Shop drawings shall indicate complete information for fabrication and installation of units. Include the following: 1. Plans and elevations locating and defining all material furnished by manufacturers. 2. Sections and details showing connections, cast -in items, field -installed lifting devices, capacities, all openings, and their relation to the structure. C. Submit Manufacturer's Certificate of Compliance for the following items: 1. Gray iron castings. 2. Precast manhole sections. D. Manhole/Catch Basin Elevation Report 1. The Contractor shall complete the report attached to the end of this Section for each structure as it is constructed. The completed report shall be submitted each week to the Engineer or the Engineer's designated representative at some mutually agreeable time. STORM DRAINAGE UTILITIES © 2018 Stantec 1 193804148 33 40 00 - 2 PART 2 PRODUCTS 2.01 MATERIALS A. Mortar Materials 1. Cement: Use Type 1 Standard Portland Cement conforming to ASTM C150. 2. Lime: Use normal finishing hydrated lime meeting the requirements of ASTM C206. 3. Mix Proportions ,a. 1-part cement to 3 parts of suitable plaster sand for mortar used for plastering the exterior walls of block manholes and catch basins, adjusting rings, and lift holes. Use lime or mortar mix in the amount necessary to make a suitable mixture for plastering purposes, but not to exceed 15 percent by volume. b. 1-part Portland cement to 2 parts of sand to which lime or mortar mix may be added, but not to exceed 15 percent by volume for mortar used for laying concrete block. 2.02 STORM MANHOLE, CATCH BASIN AND YARD DRAIN FRAMES AND COVERS A. General Requirement: ASTM A48. B. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. C. Weight: Minimum of 380 lbs. 2.03 STORM MANHOLES, CATCH BASINS AND YARD DRAINS A. General Requirements: ASTM C478 and details on the Drawings. B. Structures and bases shall be of precast concrete. C. Segmental Manhole Blocks: Blocks conform to ASTM C139. Segmental block may be used for the lower portion of structures over large pipe only when approved by the Engineer. D. Manhole Joints: Rubber O-ring gasket type meeting ASTM C443. E. Manhole Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. 2.04 MANHOLE DESIGN: A. It is the Contractor's responsibility to have the manhole sections and top and bottom slabs designed and the detailed drawings prepared by a Professional Engineer, experienced in precast concrete manhole design, who is registered in the Project's State. B. The design of the manhole shall conform to a minimum factor of safety equal to 1.5 for buoyancy and flotation. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. C. The design of the manhole base slab, perimeter walls, and top slab shall be designed for shear strength, flexural strength, and other applicable strengths due to hydrostatic loading. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. STORM DRAINAGE UTILITIES © 2018 Stantec 1 193804148 33 40 00 - 3 D. The design computations and the plans shall be certified by the Engineer and submitted to the Owner and the Engineer -of -Record for their permanent record. The design shall be per the most current ACI 318, AASHTO, and the MnDOT Standard Specifications for Construction, except as noted. E. All shop drawings shall clearly identify the name of the responsible engineering firm and the name of the person certifying the plan. Each drawing shall be certified. F. Provide report certifying that the quality assurance requirements were completed as required. 2.05 PIPE MATERIALS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings (4 Inches Through 15 Inches Diameter) 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26 or 35 as shown on the Drawings. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Marking: Conform ,to ASTM D3034. PART 3 EXECUTION 3.01 PREPARATION A. Trench Excavation and Backfill shall conform to Section 33 05 05, B. By -Pass Pumping: Contractor responsible for all items required to maintain sewer flows during construction of the new storm sewer. All Work and costs for by-pass pumping is considered incidental to the Project, unless otherwise specified. 3.02 INSTALLATION A. Connect to End of Existing Pipe 1. Connect to existing pipe at locations shown on the Drawings. 2. Locate and expose end of existing pipe. 3. Remove existing bulkhead or plug and dispose of off Site. a. Take care not to damage existing pipe. b. Any segment of pipe damaged by Contractor shall be replaced with new materials at no expense to the Project. 4. Utilize standard bell and spigot joint with rubber O-ring gasket if possible. 5. If butt connection must be made to existing pipe, construct concrete collar around joint. Collar shall be minimum 12 inches thick in all locations and shall extend a minimum of 12 inches each way of the joint. Pipe Installation 1. Lay and maintain pipe appurtenances to the alignment, grade, and location shown on the Drawings and/or staked in the field. No deviation from the Drawing and/or staked alignment, grade, or location is allowed, unless approved by Engineer. Deviation from grade in excess of 0.05 percent may be cause for removal and relaying pipe at the Contractor's expense. STORM DRAINAGE UTILITIES © 2018 Stantec 1 193804148 33 40 00 - 4 2. General Pipe Installation Procedures a. Wipe joints clean; apply the manufacturer's recommended lubricant compound over the entire joint surface; center spigot in bell and push spigot home; take care to prevent dirt from entering the joint space; bring pipe to proper line and grade, and secure pipe in place by properly bedding. 3. Lay pipe upgrade with spigot ends pointing in the direction of flow. 4. All joints must be watertight. 5. Remove all foreign matter or dirt from inside the pipe. Keep the bell and spigot clean during and after installation. Take care to prevent dirt from entering the joint space. Remove any superfluous material from inside the pipe after pipe installation by means of an approved follower or scraper. 6. Where cut -ins make it impossible to construct bell and spigot joints or when dissimilar pipe materials are joined, a reinforced concrete collar shall be placed completely surrounding the joint or the connection shall be made by using an approved adapter. 7. Any pipe which has been disturbed after being laid must be taken up, the joint cleaned and properly re-laid as directed by the Engineer. 8. Where a sewer line outlet to grade or where the line is terminated with a flared end section: a. Fasten at least the last 3 joints together using 2 "U" bolt fasteners per joint approved and as recommended by the pipe manufacturers. C. Structures and Appurtenances Installation 1. Furnish and install structures in accordance with the Drawings. 2. Excavate to depth and size as shown in the Drawings. 3. Poured in place bases must be acceptably cured before manhole sections are placed on the hardened slab. Poured in place bases must be approved by Owner. 4. Preformed inverts are not allowed. 5. Pour inverts shaped to the half section of equivalent size pipe conforming to the inlet and outlet pipe so as to allow for a free, uninterrupted flow with all surfaces sloping to the flow line. 6. All concrete pipes entering manholes must be cut with a concrete saw. 7. Position vertical wall of the eccentric cone on the downstream side. 8. On structures with a build that contains more than 1-barrel section, the section immediately below the precast top slab shall be maximum 16-inch height. 9. Lift holes neatly mortared up. 10. Install Adjustment Rings and Adjust Casting: Conforming to Section 33 05 17. D. Bulkhead Pipe 1. Bulkhead pipe at locations shown on Drawings with brick, non -shrink concrete grout, or concrete block masonry 8 inches thick. 2. Precast concrete plugs may be used in lieu of bulkhead. Plug must fit snugly into pipe opening and be watertight. 3.03 FIELD QUALITY CONTROL A. Scope 1. All pipeline testing is considered incidental to the Bid cost of the pipe. 2. Engineer to observe and verify that all tests and visual inspections have been completed prior to final acceptance. STORM DRAINAGE UTILITIES © 2018 Stantec 1 193804148 33 40 00 - 5 B. Cleaning 1. Consists of Cleaning the Pipe and Structures a. If newly installed mains and structures are kept clean during construction, cleaning will not be required. b. If newly installed mains and/or structures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 2. The bailing or flushing method of cleaning pipe is acceptable only if adequate provisions acceptable to the Engineer for keeping dirt and debris out of the existing sewer system or ponds are employed. Jetting may be. required. 3. Complete prior to final inspection for acceptance. C. Required Tests and Inspections 1. Infiltration a. To determine the amount of ground water infiltration into the sewers. b. Test waived if no visible infiltration is observed during the lamping inspection. c. Measurement made by means of 90-degree v-notch weirs placed in the lines as directed by the Engineer. d. Measurements taken at the points where in the Engineer's opinion the flow of water in the sewer is greater than the maximum allowable leakage. e. Maximum Allowable Rate of Leakage: Not more than 100 gallons per mile per inch diameter per day. f. Tests may be taken between individual manholes and the infiltration in any given line must not exceed the specified maximum allowable rate. g. Method of Measurement: Measurement of time for a predetermined volume of flow to occur. 2. Lamping a. Verify installation is to true line and grade. b. Verify installed pipe is structurally sound. c. Verify there are no broken or deflective pipes. d. Verify that joints are all home. e. Verify structures conform to specified requiremerlls. 3.04 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Mark all structures to avoid being hit by construction or vehicular traffic. D. Mark each plug location with 4-inch by 4-inch timbers to above grade to aid in marking the future connection. E. Establish erosion control measures as per Section 01 57 13. END OF SECTION STORM DRAINAGE UTILITIES 0 2018 Stantec 1 193804148 33 40 00 - 6 Manhole/Catch Basin Field Elevation Report 4 Stantec Project: Date: Owner: Contractor: j II Stantec Resident Project Representative Contractor's Representative: Stantec Project No: Owner Project No: Contractor is required to complete this form before payment of structure is approved. Structure Location As - Structure Design Constructed Difference Street Name Structure Structure Direction of or Easement Type Invert Invert ( + / -) Comments / Quality No. Station invert/flow Location (circle (from Elevation * Assurance one) Plan 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 I * - As -Constructed Invert Elevation provided by Contractor from measurements taken in the field to nearest 0.01 feet. This Page Left Blank Intentionally SECTION 33 46 00 SUBDRAINAGE PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer service and drain tile. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2. Section 33 40 00 - Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . A Bid Item has been provided for 4" PVC Perforated Drain Tile, With Sock. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, sock, aggregate, and fittings. 2. A Bid Item has been provided for 4" PVC Cleanout. Measurement will be by each. Payment shall include pipe, fittings, and metal cap. 3. A Bid Item has been provided for 6" PVC Non -Perforated Drain Tile. Bid Item is for filtration trench/rain garden drain the collection pipe between the filtration trench/rain garden and downstream storm sewer structure. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, bedding, and fittings. 4. No Bid item has been included for the 'Rodent Guard' identified in the Drawings to be installed at the 6" drain the daylight onto Sunnyside Park. This item is considered incidental to the 6" non -perforated collection pipe. 5. 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. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated 2. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 3. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 4. D3350 - Specification for Polyethylene Plastics Pipe and Fittings Materials. 5. F405 - Specification for Corrugated Polyethylene (PE) Pipe and Fittings. 6. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. B. American Association of State Highway and Transportation Officials (AASHTO) 1. M252 - Corrugated Polyethylene Drainage Tubing. SUBDRAINAGE © 2018 Stantec 1 193804148 33 46 00 - 1 C. Minnesota Department of Transportation "Standard Specifications for Construction," 2016 Edition (MnDOT Spec.) 1. 3733 - Geotextiles. PART 2 PRODUCTS 2.01 PIPE AND FITTINGS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to Schedule 40. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Perforations: Circular on 3-1/4 inches by 6-1/4 inches centers. Hole size maximum of 3/8-inch and a minimum of 3/16-inch, arranged in 4 rows along the full length of the pipe. 2.02 BEDDING MATERIAL A. See Section 33 05 05. 2.03 FILTER AGGREGATE MATERIAL A. See Section 33 05 05. 2.04 GEOTEXTILE A. Geotextile wrap shall conform to MnDOT Spec. 3733, Type 1. 2.05 METAL LOCATING ROD A. To be used for locating purposes for drain the sump stubs. B. 3/4-inch round steel rods cut to 2-foot lengths and buried at the end of the stub. 2.06 CLEANOUT A. Conform to the detail on the Drawings. PART 3 EXECUTION 3.01 GENERAL A. The location and alignment of the subsurface drains and outlets are shown in a general manner on the Drawings. Exact location and alignment to be determined by the Engineer. 3.02 DRAIN TILE INSTALLATION A. Conform to details on Drawings. SUBDRAINAGE © 2018 Stantec 1 193804148 33 46 00 - 2 B. Construct at locations and elevations determined by Engineer or as shown on the Drawings. C. Pipe Bedding: Filter aggregate. D. Grade: Unless otherwise specified or shown on the Drawings, the grade of pipes shall not be flatter than 1 in 250. E. Install Cleanout on upstream end of the drain pipe. F. Sections of the drain pipe shall be firmly joined. G. If perforated drain pipe is used, the pipe shall be placed so that the perforations are in the position indicated on the Drawings or designated by the Engineer. H. Connections: Connect to hole provided in precast structure. Seal joint with mortar. Core drill connection to structure. I. Compaction: Conform to Section 33 05 05, J. Flushing: After installation has been completed, pipes shall be flushed with sufficient water to remove material that has entered the pipes during construction. 3.03 FIELD QUALITY CONTROL A. Do not backfill trench until the pipe has been inspected and approved by the Engineer. END OF SECTION SUBDRAINAGE 0 2018 Stantec 1 193804148 33 46 00 - 3 This Page Left Blank Intentionally 1 SECTION 00 41 13 BID FORM ATTACHMENT A IRESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE i PROJECT TITLE: 2018 PARK IMPROVEMENTS: SUNNYSIDE & BEGIN PARKS Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION.... any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or 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... Minn, Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA, "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 1 S 1.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an'underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177,27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* 0 2018 Stantec 1 193804148 BID FORM ATTACHMENT A 00'41 13 -1 Al (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. 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). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. BID FORM ATTACHMENT A © 2018 Stantec 1 193804148 0041 13 - 2 u 0 0 D i.1 1 I 1 Minn. Stat. § 16C.285, Subd. 4, VERIFICATION OF COMPLIANCE. A contractor responding to_a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: 1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn, Stat. § 16C.285, 2) I have included Attachment A-1 with my company's solicitation response, and 3) if my company is awarded a contract, I will also submit Attachment A-2 as required. Authorized Signature of Owner or Officer: Printed Name: ` I'll �~ Title: Date: Company Name: Mi d '�,vt srr L a GeS SwoA to and subscribed before me this y of 20 r ' �vro Notary Public 1 NOTn° r, '�NESOTA �Z ; My Commission Expires:► 3 � �-----••-•=--:--�=�-=�--�-• --� NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. BID FORM ATTACHMENT A 02018 Stantec 1 193804148 0041 13 - 3 ATTACHMENT A-1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE: 2018 PARK IMPROVEMENTS: SUNNYSIDE & BEGIN PARKS Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. Submit this form with the Bid Form. FIRST TIER SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) Name of city where company home office is located &Pomr VrJA. BID FORM ATTACHMENT A 0 2018 Stantec 1 193804148 0041 13 - 4 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: 2018 PARK IMPROVEMENTS: SUNNYSIDE & BEGIN PARKS This form must be submitted to the Project Manager or individual as identified in the solicitation document. Minn. Stat. § 16C.285, Subd. 5.... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. Submit this form to the Project Manager. © 2018 Stantec BID FORM 193804148 ATTACHMENT A00 41 13 - 5 0- ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) Name of city where company home office is located SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2 By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: All additional subcontractors listed on Attachment A-2 have verified through a signed statement under oath by an owner or officer that they meet minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285. Authorized Signature of Owner or Officer: V l L f l T Company Name: �lrv�}��1�.1�.�►�r'c�s Sworn to and subscribed before me this Q da of Notary Public My Commission Expires: Printed Name: Y1-. e L-_. _ ) Date: ----------- -------------------------------------- E liE _ ELwAeETN A MI! OM NDT &VUKIC-1 W80TA I�tCe�eetiaio-nEx�lras-- Janua-,"� ---i v .W END OF SECTION BID FORM ATTACHMENT A © 2018 Stantec 1193804148 0041 13 - 6 THE AMERICAN INSTITUTE OF ARCHITECTS gg ;:09� AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Midwest Asphalt Services, LLC 6340 Industrial Drive Eden Prairie, MN 55346 as Principal, hereinafter called Principal, and The Hanover Insurance Company 440 Lincoln Street Worchester, MA 01653 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called Surety, are held and firmly bound unto City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 as Obligee, hereinafter called Obligee, in the sum of Five Percent (5%) of Total Amount Bid Dollars ( 5°i° ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) 2018 Park Improvements: Sunnyside & Begin Parks - City Project Nos. 1012 & 1013 IN NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such band or bands as may be specified in the bidding or Contract 10Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Princlpai shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may In good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and Vold, otherwise to remain in full force and effect. Signed and sealed this 30th day of March 2018 . Midwest Asphalt Services, LLC (Principal) (Sea!) C-fWpness) r �'� Gf +! � Ile - (Title) The Hanover Insurance Company Z'Z "W7Title) rety) (Seal) (Witness) Nicole Stillings, Attorney -in -Fact If IN 3 0 - ONO - AIA 0 - FEBRUARY 1970 ED - iNSTITUTE OF ARCHITECTS,1735 N.Y. AVE.. N.W., WASHINGTON. D.C. 20006 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT State of Minnesota ) EL0BETH MARIE orm ssIW— � i tie. County Of Hen_ r�epin �.) Jmu"31,Ml On this 30th day of _ March 2018 , before me appeared. 0 to be known, who, being by me duly sworn, did say that (s)he is the T--2-, of the Limited Liability Company described in and which executed the foregoing instrument, and that (s)he signed his name thereto by order of the Board of Governors of said Limited Liability Company. Notary Public County, My commission expires SURETY ACKNOWLEDGMENT State of Minnesota ) ) ss County of Hennepin } On this 30th day of March __ 2018 , before me appeared Nicole Stillincts , to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of The Hanover Insurance Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said . Nicole Stillin s acknowledged said instrument to be the free act and deed of said corporation. Sr HANNA ROSE LARSON NOTARY PUBI. IC - MINNESOTA 'i �- My Commission Expires January 31, 2022 Notary Public Rnriepin County, Minnegta My commission expires 1/31/2422 r� fl fl THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF A TTORNEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Melinda C. Blodgett, R. C. Bowan, R. Scott Egginton, Sandra M. Engstrum, Ted Jorgensen, Joshua R. Loftls, Kurt C. Lundblad, Brian J. Oestretch, Jerome T. Ouimet, Nicole Sttllings, John E. Tauer, Rachel Thomas, Lln Ulven, Colby D. White and/or Emily White Of Cobb, Strecker, Dunphy & Zimmermann of Minneapolis, MN each individually, If there be more than one named, as Its true and lawful attorneys) -in -tact io sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surely bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been ciuly signed by the president and attested bythe secretaryof the Company, In lhelr own proper parsons. Provided however, that this powor of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States, not to exceed Seventy Five Million and No/100 ($75,000,000) In any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: Thal the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in Its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification In respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as If all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7,1981 — The Hanover Insurance Company; Adopted April 14,1982 —Massachusetts Bay Insurance Company; Adopted September 7, 2001—Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 14th day of February, 2018. The 14anower Insurance Company Massachuwttsbay rnsu�,ance company Citizens Insurance Con ay of America �� C John C. Roche, EVP and President (N 9m, t �B.�pi�,,,�.�A 1Dri The Hanover Insurance Company Massachuwatt-sBay Insurance Company Citizens Insurance Company of America JamesH.Kavviecld, `ice President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )88. On this 14th day of February, 2018 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citlzens Insurance Company of America, to mo personally known to be the Individuals and officers described hereln, and acknowledged that the seals affixed to the preceding Instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, rospectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to sald instrument by the authority and direction of said Corporations. OIjIN101J. AIMNO "'.�ieM'r f+W1ra• Uio u' J. • a ui. Man) hnc Aty Cunnnicsi�x, Ea,�ir �rarchd, 3r]:: I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing Is a full, true and correct copyof the Original Power of Attorney issued by said Companies, and do hereby further certify that the sald Powers of Attorney are still In force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 30th day of March, 2018 CERTIFIED COPY j � Theodore G. Martinez, Vica Prl:sidem r• PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) Midwest Asphalt Services, LLC 6340 Industrial Drive Eden Prairie, MN 55346 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Effective Date of Agreement: April 9, 2018 SURETY (Name, and Address of Principal Place of Business): The Hanover Insurance Company 440 Lincoln Street Worchester, MA 01653 Amount: $190,083.80 Description (Name and Location): 2018 Park Improvements: Sunnyside & Begin Parks for the City of New Hope, MN BOND Bond Number: 1068226 Date (Not earlier than Effective Date of Agreement): April 19, 2018 Amount: $190,083.80 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 Midwest Asphalt Services, LLC (Seal) ContNlr' me and e Corp 1 By: ture ATTHF-W J. TIMMERS► WE PPFgIDENT Print Name Title Attest: ro-�?k S ignatllre SURETY The Hanover Insurance Company Surety's Name and Co orate eai f By: Signature (Attach Po er t ttorney) Nicole Stillin s Print Name Attorney -In -Fact Title Attest: �2 Z Signature Surety Account Representative Title Note: Provide execution by additional parties, such as joint venturers, if necessary. (Seal) EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 1 of 3 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 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 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:Cobb Strecker Dunphy & Zimmermann, Inc., 225 South Sixth Street, Suite 1900, Minneapolis, MN 55402 Owner's Representative (Engineer or other party): 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): Midwest Asphalt Services, LLC 6340 Industrial Drive Eden Prairie, MN 55346 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT SURETY (Name, and Address of Principal Place of Business): The Hanover Insurance Company 440 Lincoln Street Worchester, MA 01653 Effective Date of Agreement: April 9, 2018 Amount: $190,083.80 Description (Name and Location): 2018 Park Improvements: Sunnyside & Begin Parks for the City of New Hope, MN BOND Bond Number: 1068226 Date (Not earlier than Effective Date of Agreement): April 19, 2018 Amount: $190,083.80 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 Midwest Asphalt Services, LLC (Seal) CUn a t ''s Name and Cor ate Seal By: S1 afure ATTHEW J. TIMMERS VICE PRFglRENT Print Name SURETY The Hanover Insurance Company (Seal) Surety's &ime and C orate Seal By: & W/ r ,10 Signature (Attach PoweryAttorney) Nicole Stillin s Print Name Attorney -in -Fact Title Title Attest: �Zt Attest: �)Z /Z, Signat1 Signa ire kAPJIE mlvidl► Surety Account Representative Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 PaEe 1 of 3 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 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. 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. 006113.16Page 2of3 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: Cobb Strecker Dunphy & Zimmermann, Inc., 225 South Sixth Street, Suite 1900, Minneapolis, MN Owner's Representative (Engineer or other): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Paee 3 of 3 This Page Left Blank Intentionally LIMITED LIABILITY COMPANY ACKNOWLEDGMENT State of Minnesota ) ss County of Hennepin ) On this day of YI 2018 , before me appeared �Akl-r 1YY121��, to be known, who, being by me duly sworn, did say that (s)he is the UJlu _-c -1 4of the Limited Liability Company described in and which executed the foregoing instrument, and that (s)he signed his name thereto by order of the Board of Governors of said Limited Liability Company. ELII.ABETH MARIE OTTO r3t0,2021 State of Minnesota 1 ) ss County of Hennepin } Notary Public My commission SURETY ACKNOWLEDGMENT County, "tJ ` t 131 /aoa I On this 19th day of April 2018 , before me appeared Nicole Stillings to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of The Hanover Insurance Company a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Nicole Stillings acknowledged said instrument to be the free agt and deed of said corporation. =HANNAARSONNESOTAxprres22 Notary Public Hennepin County, Minnesota My commission expires 1/31/2022 Wyk : "+e:: etc �T1f+4tH: Y�`R � • - � , U:r it •iIl i THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF A 770PNE Y THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Melinda C. Blodgett, R. C. Bowan, R. Scott Egginton, Sandra M. Engstrum, Ted Jorgensen, Joshua R. Loftis, Kurt C. Lundblad, Brian J. Oestreich, Jerome T. Oufinet, Nicole Stillings, John E. Tauer, Rachel Thomas, Lin Ulven, Colby D. White and/or Emily White Of Cobb, Strecker, Dunphy & Zimmermann of Minneapolis, MN each individually, if there be more than one named, as its true and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States, not to exceed Seventy Five Million and No/100 ($75,000,000) in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982— Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 14th day of February, 2018. The Hanover Insurance Company Massachusetts Bay Insu�ance Company Citizens Insurance Company of America John C. Roche; EVP and President THE COMMONWEALTH OF MASSACHUSETTS COUNTY OF WORCESTER ' tr �T�• �f - ) ss. The Hanover Insurance Company Massachusetts Bay Insurance Company Citizens Insurance Company of America 14 Jame sH.Kawieckci, Nice President On this 14th day of February, 2018 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said Instrument by the authority and direction of said Corporations. WAKE J. ARIh HWIYr �uElk _ ��] a raawa i�/Lw �arrmlWm t"WM Uianc• 1.. 7 ur, Ntxary Puhlk HrM My Commrsxiun Gxpires Mxrch J, 2022 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, herebye4rtify that -the above and foregoing is a full, true and correctcopy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 19thday of April, 2018 CERTIFIED COPY - - - Theodore G. Martinez, Vicc lqtsidmi ; f;7 " iw PIayCAD Quote Date:02/20/2018 Rep Organization: Flagship Recreation By:jlz Contact Person: Chad Simich Project Title: Sunnyside _Traditional Modern PlayBooster® and Fvos5(5-12 years) PHASE-1. Direct Bury Mixed Material QTr N0. DESCRIPTION Freestanding Play Climbers 1 156435A Hemisphere Climber DB Only' 1 120711A Pod Climber 16" DB 1 120710A Pod Climber 8" DB Motion & More Fun 1 158105A Wobble Pod DB Only 1 194663A ZipKrooz 34' w/Aluminum Posts DBl Signs 1 182503C Welcome Sign (LSI Provided) Ages 5-12 years Direct Bury Swings 2 174018A Belt Seat ProGuard Chains for 8' Beam Height 1 237297A Friendship Swing w/Single Post Frame Additional Bay 52" Bury ProGuard Chains 1 176038A Full Bucket Seat ProGuard Chains for 8' Beam Height 1 177350A Molded Bucket Seat (5-12 yrs) ProGuard Chains for 8' Beam Height 1 177344A Single Post Swing Frame 52" Bury 8' Beam Height Only 1 177345A Single Post Swing Frame 52" Bury Additional Bay 8' Beam Height Only PlayBooster® Climbers W/Permalene Handholds 1 143198A Corner Climber 72"Dk DB 1 152907D Deck Link w/Barriers Steel end panels 4 Steps 1 122916C Double Wave Climber 16"Dk Difference 56"Dk DB Decks 1 111228A Square Tenderdeck 1 185852A Transfer Step w/2 Handloops DB This quote was generated from PIayCAD. Quote No: Sunnyside_Traditional_02- 01 Location: New Hope, MN UNIT TOTAL WEIGHT PRICE WEIGHT PRICE (Ib) (US $} (Ib) (2018) 432.0 10,485.00 14.0 250.00 12.0 245.00 122.0 1,310.00 815.0 10,205.00 24.0 0.00 8.0 110.00 16.0 220.00 252.0 2,405.00 14.0 260.00 29.0 530.00 251.0 1,245.00 148.0 885.00 157.0 3,455.00 296.0 2,840.00 219.0 3,335.00 118.0 875.00 77.0 860.00 Page 1 of 3 PIayCAD Quote Date:02/20/2018 Rep Organization: Flagship Recreation Quote No: Sunnyside_Traditional_02- 01 By:jlz Contact Person: Chad Simich Project Title: Sunnyside _ Traditional Modern PlayBooster'9 and EvosO (5-12 years) PHASE-1 Direct Bury Mixed Material QTY NO, DESCRIPTION 2 111231A Triangular Tenderdeck Motion & More Fun 1 166809A E-Pod Seat 1 120901A Grab Bar 1 120818A Playstructure Seat Overhead Events 1 142890A 2"90* Horizontal Ladder DB Connected Posts 1 111404G 100"Alum Post DB 4 111404E 116"Alum Post DB 2 111404C 132"Alum Post DB 3 111404A 148"Alum Post DB 1 154883A 265"Steel Post For CoolToppers Single Post Roof DB 64"D k 1 111404H 92"Alum Post DB Roofs 1 154884A CoolToppers Single Post DB Only' Slides 1 130390A Double Swoosh Slide 72"Dk DBl 1 124863D SlideWinder2 56"Dk DB 2 Left Location: New Hope, MN UNIT TOTAL WEIGHT PRICE WEIGHT PRICE (Ib) (US $) (lb) T (2018) 62.0 680.00 124.0 1,360.00 11.0 265.00 5.0 165.00 26.0 330.00 114.0 1,625.00 26.0 255.00 29.0 265.00 116.0 1,060.00 31.0 315.00 62.0 630.00 36.0 335.00 108.0 11005.00 222.0 845.00 23.0 245.00 145.0 2,830,00 174.0 2,025.00 192.0 2,500.00 SMIMARY CONCRETE FOOTINGS LABOR WEIGHT (Cu41) (caunt) (n}an-hours) (Ili) PlayBooster"' and EvosO (5-12 years) PHASE-1 140.1 47 51.5 4,344.0 PRICE (20 1) 51 5.15.07 ALL PHASES EVOSO .00 Freestanding Play 91.9 25 36.0 2,129.0 28,040.00 PlayBoosterO 48.2 22 45.8 2,215.0 26,505.00 Total 140.1 47 81.8 4,344.0 54,545.00 • Estimated man-hours do not include hours for custom product installation or site preparation. This quote was generated from PIayCAD. Page 2 of 3 PIayCAD Quote Date:02/20/2018 Rep Organization: Flagship Recreation Quote No: Sunnyside_Traditional_02- 01 By:jlz Contact Person: Chad Simich Project Title: Sunnyside _Traditional Modern Location: New Hope, MN • ' This Quote has a total weight above 5,000 Ibs or product(s) that require a freight quote. Freight tables cannot be used - Please contact LSI for a freight quote. • This quote is valid for 90 days. Purchase orders submitted withanexpired quote are subject to price changes. Custom freight quotes are valid for 30. Expired custom freight quotes are subject to changes. This quote was generated from PIayCAD. Page 3 of 3 PIayCAD Quote Date:03/06/2018 Rep Organization: Flagship Recreation Quote No: Sunnyside_SiteFurnishingExtras By:jlz Contact Person: Project Title: Location: Freestanding Play (5-12 years) PHASE-1 Direct Bury Aluminum UNIT TOTAL QTY N0. DESCRIPTION WEIGHT PRICE WEIGHT PRICE (Ib) (US $} (Ib) (2018) Freestanding Play Shade 2 154397A CoolToppers Single Post DB Only' 266.0 3,380,00 532.0 6,760.00 Site Furnishings 2 141684A Tendertuff Picnic Table 246.0 1,070.00 492.0 2,140.00 72"Table 72"Seat Movable SUMMARY CONCRETE FOOTINGS LABOR WEIGHT PRICE (cu-ft) (count) (man-hours) (lb) (2018) Freestanding Play (5-12 years) PHASE-1 2 11.0 1,024.0 8,900A0 ALL PHASES Freestanding Play 2 11.0 1,024.0 8,900.00 Total 2 11.0 1,024.0 8,900.00 • The Safety Zone was not specified. • Estimated man-hours do not include hours for custom product installation or site preparation. • i This Quote has a total weight above 5,000 Ibs or product(s) that require a freight quote. Freight tables cannot be used - Please contact LSI for a freight quote. • This quote is valid for 90 days. Purchase orders submitted with an expired quote are subject to price changes. Custom freight quotes are valid for 30. Expired custom freight quotes are subject to changes. This quote was generated from PIayCAD. Page 1 of 1 Date 2/27/2018 Quote: City of New Hope Contact: Steve Ellingson Phone: Fax: Email: Sell ingsonia".+cLnew-hone.mn.us A& landscape structures• Ship To: Please Make PO's & Contracts Out To: Sunnyside Park Landscape Structures 4700 Quebec Avenue N 601 7th St. S New Hope, MN 55428 Delano, MN 55328 Bill To: Please Remit Payment To: City of New Hope Landscape Structures 4401 Xylon Avenue 601 7th St. S New Hope, MN 55428 Delano, MN 55328 We are pleosed to submit this proposal to supply the following products/servkes: CITY ITEM # I DESCRIPTION UNIT PRICE EXT. PRICE Design Sunnyside_Traditional _02-01 $54,545.00 State Contract Discount 6.00% ($3,272.70) btotal $51,272.30 night $500.00 les Tax $0.00 tal $51,772.30 Quotes from Landscape Structures, Inc., Inc. are subject to current Landscape Structures policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order entry. Deposits, if applicable, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a formal Purchase Order made out to Landscape Structures, Inc. Minnesota State Contract #119795 `Terms: Net 30 days; 1.5%finance charge on balances over 30 days "Prices will be honored on equipment delivered on or before 12/31/18 Page 1 of 2 Terms & Conditions Contract: Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supercedes all previous communications and negotiations and constitutes the entire agreement between the parties. Any changes to this contract are not binding unless jointly agreed in writing via Change Order. Quantity: The quantity of merchandise and/or material to be delivered and/or installed shall not vary from the amount specified unless a different amount is first agreed to via Change Order. Changes are subject to price adjustment. Pricing: Pricing is F.O.B factory. Current year pricing is honored on contracts completed prior to December 3, 2017. Contracts completed after this date are subject to price change. Responsibility: Landscape Structures shall be repsonsible for any loss or damage to merchandise until delivered to Buyer at F.O.B destination point. Buyer is responsible for loss or damage thereafter. Inspection: Merchandise shall be subject to Buyer's inspection within a reasonable time after the arrival at the ultimate destination. Upon inspection, it is the Buyer's responsibility to notify Landscape Structures if merchandise does not meet requirements of the order. Project Scope (This Section For Quotes Including Installation) Inclusions: One Mobilization Public Utility Locates Unpacking of Play Equipment Assembly of Play Equipment Placing, Digging or Surface Mounting Equipment (as specificed Concrete for Play Equipment Footings Standard Insurance Offer (Detail Provided Upon Request) Standard Warranty Offer (Detail Provided Upon Request) Standard Wage Rates Exclusions (Unless Specifically Quoted): Storage or Security of Equipment Private Utility Locates (irrigation, low voltage, lighting, etc.) Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space. Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.) Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.) Removal of Existing Play Equipment, Border or Safety Surfacing Material Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc. Border for Play Space Bonding of Any Type Permits of Any Kind Please note, quotes including installation are based on site access and site conditions that have been conveyed to Flagship Recreation by the owner/owner's representative and based on ideal conditions required to complete the project as quoted. Unless addressed prior to the installation quote being issued or specifically documented herein, any issues encountered that impede the progress or completion of the project as quoted will result in additional charges. Acceofmce o uototion: Accepted B Print Steve Ellingson PO#: ,Signature: Email: sell!ngson@ci.new-hope.mn.us 'Title: Phone: Date: Purchase Amount: $51,772.30 landscape structures, Page 2 of 2 Date 3/6/2018 Quote: City of New Hope Contact: Steve Ellingson Phone: Fax: Email: sellinssan@ci.new•haae.mn.us A& landscape structuresm Ship To: Please Make PO's & Contracts Out To: Sunnyside Park - Site Furnishings Landscape Structures 4700 Quebec Avenue N 601 7th St. S New Hope, MN 55428 Delano, MN 55328 Sill To: Please Remit Payment To: :ity of New Hope Landscape Structures 1401 Xylon Avenue 601 7th St. S Jew Hope, MN 55428 Delano, MN 55328 We are pleased to submit this araaosal to sunniv the followinn nraducts/services: QTY ITEM # DESCRIPTION UNIT PRICE EXT. PRICE Site Furnishing Equipment $8,900.00 2 CoolToppers Single Post DB Only 2 Tendertuff Picnic Table - 72"Table 72"Seat Movable State Contract Discount 6.00% ($534.00) *Freight assumes equipment ships with playground order Subtotal $8,366.00 Freight $0.00 Sales Tax $0.00 Total $8,366.00 Quotes from Landscape Structures, Inc., Inc, are subject to current Landscape Structures policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order entry. Deposits, if applicable, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a formal Purchase Order made out to Landscape Structures, Inc. Minnesota State Contract #119795 *Terms: Net 30 days; 1.5% finance charge on balances over 30 days **Prices will be honored on equipment delivered on or before 12131117 Page 1 of 2 Terms & Conditions Contract: Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supercedes all previous communications and negotiations and constitutes the entire agreement between the parties. Any changes to this contract are not binding unless jointly agreed in writing via Change Order. Quantity: The quantity of merchandise and/or material to be delivered and/or installed shall not vary from the amount specified unless a different amount is first agreed to via Change Order. Changes are subject to price adjustment. Pricing: Pricing is F.O.B factory. Current year pricing is honored on contracts completed prior to December 3, 2017. Contracts completed after this date are subject to price change. Responsibility: Landscape Structures shall be repponsible for any loss or damage to merchandise until delivered to Buyer at F.O.B destination point. Buyer is responsible for loss or damage thereafter. Inspection: Merchandise shall be subject to Buyer's inspection within a reasonable time after the arrival at the ultimate destination. Upon inspection, it is the Buyer's responsibility to notify Landscape Structures if merchandise does not meet requirements of the order. Prolect Scope (This Section For Quotes Including Installation) Inclusions: One Mobilization Public Utility Locates Unpacking of Play Equipment Assembly of Play Equipment Placing, Digging or Surface Mounting Equipment (as specificed) Concrete for Play Equipment Footings Standard Insurance Offer (Detail Provided Upon Request) Standard Warranty Offer (Detail Provided Upon Request) -Standard Wage Rates Exclusions (Unless Specifically Quoted): Accepting & Unloading of Order Prior to Installation Storage or Security of Equipment Private Utility Locates (irrigation, low voltage, lighting, etc.) Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space. Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.) Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.) Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster Removal of Existing Play Equipment, Border or Safety Surfacing Material Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc. Border for Play Space Bonding of Any Type Permits of Any Kind Please note, quotes including installation are based on site access and site conditions that have been conveyed to Flagship Recreation by the owner/owner's representative and based on ideal conditions required to complete the project as quoted. Unless addressed prior to the installation quote being issued or specifically documented herein, any issues encountered that impede the progress or completion of the project as quoted will result in additional charges. Acceptance of Quotation: Accepted By (Print) Steve Ellingson PO#: Signature: Email: sellingson@ci.new-hope.mmus Title: Phone: Date: Purchase Amount: $8,366.00 &If& landscape structures, Page 2 of 2 Date 2/27/2018 Quote: City of New Hope Contact: Steve Ellingson Phone: Fax: Email: seIIingson@ci.yew- hope. mn.us Ship To: flagship recreation Please Make PO's & Contracts Out To: ,unnyside Park Flagship Recreation 1700 Quebec Avenue N 275 E. 4th St., Suite 810 Jew Hope, MN 55428 St. Paul, MN 55101 Sill To: Please Remit Payment To: :ity of New Hope Flagship Recreation 1401 Xylon Avenue 275 E. 4th St., Suite 810 Jew Hope, MN 55428 St. Paul, MN 55101 We are pleased to submit this ofonosal to suaoly the following products/services: CITY ITEM # Description UNIT PRICE EXT. PRICE Installation $10,352.50 Mobilization $505.00 ' �.�yuppd_Fihar =nd� bri�allecL. �1.�-#94,94- Dumpster - 30 Yard $505.00 Playground Audit $800.00 Subtotal $25-99T.�t' Freight $0.00 Sales Tax Tax Exempt Cert Total Quotes from Flagship Recreation, Inc. are subject to current Flagship Recreation, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a formal Purchase Order made out to Flagship Recreation, Inc. Minnesota State Contract #119795 *Terms: Net 30 days; 1.5% finance charge on balances over 30 days **Prices will be honored on equipment delivered on or before 12/31/18 Page 1 of 2 Jz, I to 2. 5P a,11U1.50 Terms & Conditions Contract: Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supercedes all previous communications and negotiations and constitutes the entire agreement between the parties. Any changes to this contract are not binding unless jointly agreed in writing via Change Order. Quantity: The quantity of merchandise and/or material to be delivered and/or installed shall not vary from the amount specified unless a different amount is first agreed to via Change Order. Changes are subject to price adjustment. Pricing: Pricing is F.O.B factory. Current year pricing is honored on contracts completed prior to December 3, 2017. Contracts completed after this date are subject to price change. Responsibility: Flagship Recreation shall be repsonsible for any loss or damage to merchandise until delivered to Buyer at F.O.B destination point. Buyer is responsible for loss or damage thereafter. Inspection: Merchandise shall be subject to Buyer's inspection within a reasonable time after the arrival at the ultimate destination. Upon inspection, it is the Buyer's responsibility to notify Flagship Recreation if merchandise does not meet requirements of the order. Project Scope (This Section For Quotes Including Installation) Inclusions: One Mobilization Public Utility Locates Unpacking of Play Equipment Assembly of Play Equipment Placing, Digging or Surface Mounting Equipment (as specificed) Concrete for Play Equipment Footings Standard Insurance Offer (Detail Provided Upon Request) Standard Warranty Offer (Detail Provided Upon Request) Standard Wage Rates Exclusions (Unless Specifically Quoted): Accepting & Unloading of Order Prior to Installation Storage or Security of Equipment Private Utility Locates (irrigation, low voltage, lighting, etc.) Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space. Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.) Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.) Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster Removal of Existing Play Equipment, Border or Safety Surfacing Material Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc. Border for Play Space Bonding of Any Type Permits of Any Kind Please note, quotes including installation are based on site access and site conditions that have been conveyed to Flagship Recreation by the owner/owner's representative and based on ideal conditions required to complete the project as quoted. Unless addressed prior to the installation quote being issued or specifically documented herein, any issues encountered that impede the progress or completion of the project as quoted will result in additional charges. Acceptance of Quorarfon: Accepted By (Print) Steve Ellingson PO#: Signature: Email: sellingson@ci.new-hope.mn.us 'Title: Phone: Date: Purchase Amount: $ ,9fr? + /L /te)-. 50 flagship re reation Page 2 of 2 Date 3/6/2018 Quote: City of New Hope Contact: Steve Ellingson Phone: Fax: Email: sellingson@ci.new-hooe.mn.us flagshiik p recreation hip To: Please Make PO's & Contracts Out To: unnyside Park - Site Furnishings Flagship Recreation 700 Quebec Avenue N 275 E. 4th St., Suite 810 lew Hope, MN 55428 ISt. Paul, MN 55101 Bill To: Please Remit Pavment To: ity of New Hope Flagship Recreation 401 Xylon Avenue 275 E. 4th St., Suite 810 lew Hope, MN 55428 St. Paul, MN 55101 We are pleased to submit this proposal tonpply the following products services: QTY ITEM # I Description UNIT PRICE EXT. PRICE Installation of shade and picnic tables $1,865.34 1. 1 1 *Assumes direct bury - core drilling not included I j Subtotal $1,865.34 Freight $0.00 Sales Tax $0.00 Total $1,865.34 Quotes from Flagship Recreation, Inc. are subject to current Flagship Recreation, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a formal Purchase Order made out to Flagship Recreation, Inc. Minnesota State Contract #119795 *Terms: Net 30 days, 1.5% finance charge on balances over 30 days **Prices will be honored on equipment delivered on or before 12131117 Page 1 of 2 Terms & Conditions Contract: Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supersedes all previous communications and negotiations and constitutes the entire agreement between the parties. Any changes to this contract are not binding unless jointly agreed in writing via Change Order. Quantity: The quantity of merchandise and/or material to be delivered and/or installed shall not vary from the amount specified unless a different amount is first agreed to via Change Order. Changes are subject to price adjustment. Pricing: Pricing is F.O.B factory. Current year pricing is honored on contracts completed prior to December 3, 2017. Contracts completed after this date are subject to price change. Responsibility: Flagship Recreation shall be repsonsible for any loss or damage to merchandise until delivered to Buyer at F.O.B destination point. Buyer is responsible for loss or damage thereafter. Inspection: Merchandise shall be subject to Buyer's inspection within a reasonable time after the arrival at the ultimate destination. Upon inspection, it is the Buyer's responsibility to notify Flagship Recreation if merchandise does not meet requirements of the order. Pro ed Scgpe (This Section For Quotes Including Installation) Inclusions: One Mobilization Public Utility Locates Unpacking of Play Equipment Assembly of Play Equipment Placing, Digging or Surface Mounting Equipment (as specificed) Concrete for Play Equipment Footings Standard Insurance Offer (Detail Provided Upon Request) Standard Warranty Offer (Detail Provided Upon Request) Standard Wage Rates Exclusions (Unless Specifically Quoted): Accepting & Unloading of Order Prior to Installation Storage or Security of Equipment Private Utility Locates (irrigation, low voltage, lighting, etc.) Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space. Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.) Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.) Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster Removal of Existing Play Equipment, Border or Safety Surfacing Material Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc. Border for Play Space Bonding of Any Type Permits of Any Kind Please note, quotes including installation are based on site access and site conditions that have been conveyed to Flagship Recreation by the owner/owner's representative and based on ideal conditions required to complete the project as quoted. Unless addressed prior to the installation quote being issued or specifically documented herein, any issues encountered that impede the progress or completion of the project as quoted will result in additional charges. Acce tance of uotation: Accepted By (Print) Steve Ellingson PO#: Signature: Email: sellingson@ci.new-hope.mn.us Title: Phone: Date: Purchase Amount: $1,865.34 flagship re flagship Page 2 of 2 CITY OF NEW HOPE, MINNESOTA CAPITAL IMPROVEMENT PLAN - PARKS INFRASTRUCTURE FUND 9233 SCHEDULE OF PLANNED CAPITAL OUTLAY 2017 TO 2022 2017 2018 2019 2020 2021 2022 Year to Estimated Estimated Estimated Estimated Estimated Estimated Department Subl d •er Replace Item Cent Amounts Amounts Amounts Amounts Amount- Amounts Parks & Recreation 2017 GC Clubhouse Tables S 5,000 $ 5,000 $ - $ - $ Parks & Recreation S,991 2017 Parks Fred Sims Park play equipment project m 102,000 102,000 _ - Parks & Recreation 2017 Parks maintenance 39,000 39,000 - - - Parks & Recreation S.1005 2017 Parks raise Northwood left field 80,000 80,000 - _ - Parks & Recreation 2017 Hidden Valley arson replacement 10,000 10,000 Parks & Recreation 2017 Pool feasibility/planning 75,000 75,000 Parks & Recreation 2018 GC add deck to clubhouse 20,000 - 20,000 - - Parks & Recreation 2018 Parks replace player fencing at Lighted 7,000 - 7,000 - Parks & Recreation 2018 Parks concrete, trail work 50,000 50,000 - - - Parks & Recreation 2018 Parks lighting improvements 75,000 - 75,000 - - Parks & Recreation 2018 Parks maintenance (includes carryover from 2017) 201,000 201,000 - _ - Parks & Recreation 2018 Pnks rcplttcc ballficld fenrca 35,000 - 35,000 _ Packs & Recreation 2018 Parks SumnvFide Palk play equiprnem prtajeel 190,0W 190,,000 = Parks & Recreation 2019 Parks Cgyms pitching machines 5,000 - 5,000 Parks & Recreation 2019 Parks Cgyms volleyball equipment 6,000 - - 6,000 - Parks & Recreation 2019 Parks concrete, toil work 50,000 - 50,000 - Parks & Recreation 2019 Parks Jaycee Park play equipment project 180,000 - - 180,000 - Parks & Recreation 2019 Parks Lighted Field scoreboard 21,000 - - 21,000 Parks & Recreation 2019 Parks lighting improvements 75,000 75,000 - Parks&Recreation 2019 Parks maintenance(') 318,000 - 318,000 - - Parks & Recreation 2019 Pool improvement project 6,425,000 - 6,425,000 - Parks & Recreation 2019 Pool premium upgrade 2,000,000 - 2,000,000 - - Parks & Recreation 2019 Parks Civic Center Park improvements (2) 1,500,000 1,500,000 - - Parks & Recreation 2020 Parks ballfield fencing 40,000 - - - 40,000 - - Parks & Recreation 2020 Parks Begin Park play equipment project 185,000 - 185,000 Parks & Recreation 2020 Parks community garden fencing 8,000 - - - 8,000 Parks & Recreation 2020 Parks concrete, trail work 75,000 - - 75,000 _ Parks & Recreation 2020 Parks lighting improvements 75,000- - 75,000 Parks & Recreation 2020 Parks maintenance 129,000 - - - 129,000 - Parks & Recreation 2021 Parks concrete, trail work 75,000 - - 75,000 - Parks & Recreation 2021 Parks Corner Park play equipment project $ 190,000 S - S - S - $ - $ 190,000.00 $ - Parks & Recreation 2021 Parks frisbee golf equipment 15,000 - - 15,000 Parks & Recreation 2021 Parks lighting improvements 75,000 - - - 75,000 - Parks & Recreation 2021 Parks maintenance 52,000 - - 52,000 Parks & Recreation 2022 Parks concrete, trail work 75,000 - - - - 75,000 Parks & Recreation 2022 Parks Hidden Valley Park play equipment project 250,000 - 250,000 Parks & Recreation 2022 Parks lighting improvements 100,000 - « - - - 100,000 Parks & Recreation 2022 Parks maintenance 33,000 33.000 -$ 311.000 $ 578,000 $.1A580.000 $ 512.000 $ 407.000 $ 45R.n00 (')Project cost maybe reduced; full allotment may not be spent. (2) Parks Civic Center other park improvements to be determined Projects anticipated, include: Sk8 pad, Theatre, ballfield improvements, pavilion, hockey rink, trails, and shelter -28-