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IP #1014PROJECT NO. 1014 42nd Ave street fight replacement (Winnetka to Louisiana) - $250,000 Work session 4/16/18 Discuss concept lighting plan for 42nd Avenue lighting improvements (Improvement Project No. 1014) Res. 2018-64 4/23/18 Resolution authorizing preparation of plans and specifications for the 2018 42.d Avenue Street Light Replacement (Improvement Project No. 1014) Res. 2018-69 5/14/18 Resolution approving plans and specifications and authorizing the advertisement for the 2018 42nd Avenue Street Light Replacement (Improvement Project No. 1014) Res. 2018-80 6/25/18 Resolution rejecting bids for the 2018 42nd Avenue Street Light Replacement (Improvement Project No. 1014) Res. 2019-12 1/14/19 Resolution approving plans and specifications and authorizing bids for the 2019 42nd Avenue Street Light Replacement Project (Improvement Project No. 1014) Res. 2019-39 3/25/19 Resolution awarding contract to Egan Company for construction of 2019 42nd Avenue Street Light Replacement (Improvement Project No. 1014) and authorizing the purchase of street lights Res. 2019-99 9/23/19 Resolution approving final payment to Egan Company in the amount of $5,461.15 for completion of 2019 42nd Avenue Street Light Replacement (Improvement Project No. 1014) Request for Action September 23, 2019 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Consent Item Number 6.7 Agenda Title Resolution approving final payment to Egan Company in the amount of $5,461.15 for completion of 2019 42nd Avenue Street Light Replacement (Improvement Project No. 1014) Requested Action Staff is recommending that Council pass a resolution authorizing final payment for 2019 42nd Avenue Street Light Replacement (Improvement Project No. 1014) to Egan Company in the amount of $5,461.15 Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The city -owned streetlights on 42nd Avenue North, east of Winnetka Avenue North, were identified in the 10-Year CIP for replacement. A scope of work to replace the lights between Winnetka and Louisiana avenues was bid in 2018 and higher than anticipated bids were received. Upon review of the bids, the high costs were due to the work required to remove and replace the existing light bases. The original scope included removing 33 existing lights, installing 16 new decorative lights and removing 17 light bases. The completed scope of work included in this project included utilizing all of the existing light bases which minimized the disruption to sidewalks, conduit, and landscaping. All 33 existing lights were replaced. The installation of new street lights between Xylon and Winnetka avenues was also identified in the 10-year CIP. Nine new decorative pedestrian lights were included in this project between Xylon and Winnetka avenues, along with the light bases and conduit necessary to support the lights. The lights installed along 42nd Avenue are in general 16 foot tall LED lights, the same as lights installed on Xylon Avenue in the City Center. There are five 12 foot lights installed at bench and bus stop locations. Two 4 foot tall lighted bollards were installed at bus stops to provide additional pedestrian lighting at these locations. In addition to lighting elements, banner arms were purchased for each of the new light poles. The banner arms used on the old light posts were not compatible with the new light post design. Staff purchased all lighting elements and banner arms directly from suppliers and provided the lights to the contractor for installation. The city received three bids at the March 14 bid opening. The low bid contractor, Egan Company submitted a Total Bid Amount of $110,538.00. This compares to the Engineer's Opinion of Probable Costs of $225,000. In addition to the contract with Egan Companies to install the street lights, staff purchased the street lights directly from a local supplier. Staff sought bids from three vendors and purchased the lights for installation from Graybar for a total cost of $202,376.48. I:\RFA\PUBWORKS\2019\Council\101442nd Avenue Lights\ 3-25 1014 Award Bid and Authorize Purchase The Original Contract Amount was $110,538.00. The Final Construction amount is $109,223.07, or $1,314.93 under the Original Contract Amount. This underrun was primarily due to lesser amounts of sidewalk and grass disturbances in the area of 42nd Street between Winnetka Avenue North (CSAH 156) and Xylon Avenue North. Funding Combined, the final purchase and installation cost of the street lights is $311,599.55. Funding for $450,000 in street lighting improvements is identified in the 2019 CIP. Attachments M Resolution Memorandum by City Engineer Final Pay Request City of New Hope Resolution No. 19-99 Resolution approving final payment to Egan Company in the amount of $5,461.15 for construction of 2019 42nd Avenue Street Light Replacement (Improvement Project No. 1014) WHEREAS, the city engineer identified the need for infrastructure improvements specified in the 2019 CIP; and, WHEREAS, plans and specifications for the 2019 42nd Avenue Street Light Replacement Project No. 1014 were prepared by consultant engineers, Stantec, and approved by Council; and, WHEREAS, the city received acceptable bids and the Council determined to proceed with the 2019 42nd Avenue Street Light Replacement Project; and WHEREAS, the original bid of $110,538.00 from Egan Companies was the lowest responsible bid submitted; and WHEREAS, the Final Construction Amount of $109,223.07 was $1,314.93 under the original contract amount; and WHEREAS, funding was available in the street lighting fund. WHEREAS, the city engineer has reported that all work and documentation has been satisfactorily completed and recommends, along with staff, final payment be made to Egan Companies. NOW, THEREFORE, BE IT RESOLVED: That the City Council accepts the 2019 42nd Avenue Street Light Replacement project no. 1014 from Egan Companies. 2. That the city manager is hereby directed to authorize the final payment in the amount of $5,461.15 Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 23rd day of September, 2019. / � i i- a C S 1 ► ti ha Mayor 1 Attest: City Clerk Stantec Consulting Services Inc. Stantec 733 Marquette Avenue Suite 1000, Minneapolis MN 55402-2309 September 5, 2019 File: 193804214 Attention: Bernie Weber, Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Dear Bernie, Reference: 2019 42nd Avenue North Street Light Improvements — Final Payment City Project No. 1014 Enclosed find Payment Request No. 3 & Final and the IC-134 forms for the above referenced project. The contractor, Egan Company, has completed the work in accordance with the contract plans and specifications. Therefore, it is recommended that final payment of $5,461.15 is made, and the City of New Hope accepts the project. The Original Contract Amount was $1 10,538.00. The Final Construction Amount is $109,223.07, or $1,314.93 under the Original Contract Amount. This underrun was primarily due to lesser amounts of sidewalk and grass disturbances in the area of 42nd Street between Winnetka Avenue North (CSAH 156) and Xylon Avenue North. If you have any questions or require further information, please call me at (651) 775-5098 Regards, Stantec Consulting Services Inc. Dan D. Boyum Senior Associate, City Engineer Phone: 612 712 2021 Fax: 651 636 1311 Dan. Boyum@stantec.com Attachment: Final Pay Request & IC- 134's c. Kirk McDonald, Valerie Leone, Megan Hedstrom, Andrew Kramer, Dave Lemke, Shawn Markham, Matt Rowedder — New Hope; Ann Dienhart, Lucas Miller — Stantec. Request for Payment Page 1 of 4 NEW HOPE, CITY OF } 4401 Xylon Avenue N ton e c New Hope, MN 55428 Project 1014 - 2019 42nd Avenue North Street Light Improvements Request for Payment No. 3/FINAL Contractor: Egan Company City Project No.: 1014 7625 Boone Ave N Stantec Project No. 193804214 Brooklyn Park, MN 55428 For Period: 8/15/2019 - 9/4/2019 Contract Amounts Original Contract $110,538.00 Contract Changes Ill $0.00 Revised Contract $110,538.00 Work Certified To Date Base Bid Items $109,223.07 Backsheet $0.00 Change Order $0.00 Supplemental Agreement $0.00 Work Order $0.00 Material On Hand $0.00 Total $109,223.07 Work Certified Work Less Less Amount Paid Total This Request for Certified Amount Previous This Request for Amount Payment To Date Retained Payments Payment I Paid To Date 1014 $0.00 $109,223.07 $0.00 $103,761.92 $5,461.15 $109,223.07 Percent Retained: 0.0000% Amount Paid This Request for Payment $5,461.15 I hereby certify that all items and amounts shown are correct for the work completed to date Contractor: Egan Company By. Date: The Work on this project and application has been reviewed and the amount shown is recommended for payment_ Engineer STANTEC CONSULTING LTD - By. Date: Approved for Payment Owner. CITY OF NEW HOPE By Date: Request for Payment Page 2 of 4 NEW HOPE, CITY OF 4401 Xylon Avenue N New Hope, MN 55428 Project No. 1014 Request for Payment No. 3/FINAL 1014 Payment Summary No. From Date To Date Work Certified Amount Retained Amount Paid Per Request for Payment Per Request for Payment Per Request for Payment 1 06/17/2019 06/30/2019 $32,110.31 $1,605.52 $30,504.79 2 07/01/2019 08/14/2019 $77,112.76 $3,855.63 $73,257.13 3 08/15/2019 09/04/2019 $0.00 ($5,461.15) $5,461.15 Totals: $109,223.07 $0.00 $109,223.07 1014 Funding Category Report Funding Work Less Less Amount Paid Total Category Certified Amount Previous This Amount Paid No. To Date Retained Payments Request for Payment To Date City Funds 109,223.07 0.00 103,761.92 5,461.15 109,223.07 Totals: $109,223.07 $0.00 $103,761.92 $5,461.15 $109,223.07 1014 Fundina Source Report Accounting Funding Amount Paid Revised Funds Paid To No. Source This Contract Encumbered Contractor Request for Payment Amount To Date To Date 001 Street Lighting Fund 5,461,15 110,538.00 110,538.00 109,223.07 Totals: $5,461.15 $110,538.00 $110,538.00 $109,223.07 Request for Payment Page 3 of 4 NEW HOPE, CITY OF 4401 Xylon Avenue N New Hope, MN 55428 Project No. 1014 RCOL1@St for Pavment No. 3/FINAL 1014 Project Item Status Quantity Amount Line Item Description Units Unit Contract This This Quantity Amount Price Quantity Request for Request for To Date To Date Payment Payment Base Bid: Part 1 - Louisiana to Winnetka Ave 1 2021.501 MOBILIZATION LS $1,800.001 1 0 $0.00 1 $1,800.00 2 2563.601 TRAFFIC CONTROL LS $3,700.00 1 0 $0.00 1 $3,700.00 3 2104.502 REMOVE LIGHTING UNIT EA $320.00 33 0 $0.00 41.56 $13,298.31 FURNISH AND 4 2545.602 INSTALLLIGHTED EA $2,400.00 2 0 $0.00 2 $4,800.00 BOLLARD UNIT INSTALL 5 2545.602 LIGHTING UNIT TYPE SPECIAL 1 EA $350.00 5 0 $0.00 5 $1,750.00 (12' TALL) INSTALL 6 2545.602 LIGHTING UNIT TYPE SPECIAL EA $475.00 26 0 $0.00 26 $12,350.00 (16- TALL) 7 2104.523 SALVAGE SIGN EA $26.00 371 0 $0.00 37 $962.00 Totals For Section Base Bid: Part 1 - Louisiana to Winnetka $0.00 $38,660.31 Ave: Base Bid: Part 2 - Winnetka Ave To Xylon Ave 8 2021.501 MOBILIZATION LS $3,000.00 1 $0.00 1 $3,000.00 9 2563.601 TRAFFIC CONTROL LS $3,708.00 1 0 $0.00 1 $3,708.00 10 2104.503 REMOVE SIDEWALK SF $7.15 320 0 $0.00 72 $514.80 1.5" NON- 11 2545.603 METALIC CONDUIT - LF $6.00 1175 0 $0.00 1202 $7,212.00 TRENCHED 1.5" NON- METALIC 12 2545 603 CONDUIT - LF $17.00 1250 0 $ 0.00 1155 $19,635.00 DIRECTIONALLY DRILLED UNDERGROUND 13 2545.503 WIRE 1 COND LF $1.60 9700 0 $0.00 11471.38 $18,354.21 NO 4 LIGHT 14 2545.502 FOUNDATION DESIGN E - EA $1,250.00 9 0 $0.00 9 $11,250.00 MODIFIED INSTALL 15 2545.602 LIGHTING UNIT TYPE SPECIAL EA $475.00 9 9 $0.00 9 $4,275.00 (16' TALL) 16 2545.502 HANDHOLE EA EA $945.001 $25.00 2 3 0 $0.00 2 $1,890.00 17 2104.523 SALVAGE SIGN 0 $0.00 3 $75.00 EROSION 18 2575.504 CONTROL SY $3.75 1000 0 $0.00 173 $648.75 BLANKET WITH Request for Payment Page 4 of 4 NEW HOPE, CITY OF 4401 Xylon Avenue N New Hope, MN 55428 Project No. 1014 RP.niiPCt fnr Pnvmant Nn 3/FINGI 1014 Project Item Status Quantity Amount Line Item Description Units Unit Contract This This Quantity Amount Price Quantity Request for Request for To Date To Date SEED Payment Payment STREET 19 2123.610 SWEEPER (WITH HR $140.00 4 0 $0.00 0 $0.00 PICKUP BROOM) Totals For Base Bid: Part 2 - Winnetka Ave To Xylon Ave: $0.00 1 $70,562.76 Project Totals: $0.00 1 1 $109,223.07 9/11/2019 https://www.mndor.state.mn.us/tp/eservices/ /Retrieve/O/c-/mdU21T1aHxXCQNQbMgwoJA ?FILE= Pdnt2&PARAMS_=1824394820 .. DEPARTMENT . OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota10: Project Owner. Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: 0-557-099-040 11-Sep-2019 12:52:26 PM EGAN COMPANY 41-1570195 JulleFalstad Contractor Affidavit 744218624 3806304 CITY OF NEW HOPE CITY PROJECT NO 1014 10-Jun-2019 03-Sep-2019 42ND AVE NEW HOPE, MN $109,223.07 Subcontractor Summary Name ID . Affidavit Number Cl UTILITIES, LLC 6445207 44687360 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please page for your records using the print or save functionality built Into your browser. https://www.mndor.state.mn.us/tp/eservices/ /Retrieve/O/c-/mdU2lTlaHxXCQNQbM9woJA_?FILE_ Print2&PARAMS= 1824394820851479341 1/1 DEPARTMENT OF REVENUE From: MN Revenue e-Services <eservices.mdor state.mn.us> Sent: Tuesday, September 10, 2019 11:10 AM To: Monica < ±±0111caC caslreioninc.corn> Subject: Your Recent Contractor Affidavit Request This email is an automated notification and is unable to receive replies. Contractor Affidavit Completed Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 0-633-956-384 Submitted Date and Time: 10-Sep-2019 11:10:08 AM Legal Name: CI UTILITIES LLC Federal Employer ID: 35-2202133 User Who Submitted: ciutilities Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 44687360 Minnesota ID: 6445207 Project Owner: CITY OF NEW HOPE Project Number: 1014 Project Begin Date: 10-Jun-2019 Project End Date: 03-Sep-2019 Project Location: 42ND AVE - NEW HOPE, MN Project Amount: $16,860.00 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) witiii-iuldiny.tax(r-7state.mi i. <mailto: ii �f�oldiny.t��x t stgi .r�in�u��>. Business hours are 8:00 a.m. - 4:36 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. Request for Action March 25, 2019 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Development & Planning Item Number 8.3 Agenda Title Resolution awarding contract to Egan Company for construction of 2019 42nd Avenue Street Light Replacement (Improvement Project No. 1,014) and authorizing the purchase of street lights Requested Action Staff is recommending that Council pass a resolution awarding the bids for the replacement of the street lights on 42nd Avenue between Winnetka and Xylon avenues and authorize staff to purchase the street lights. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The city -owned streetlights on 42nd Avenue North, east of Winnetka Avenue North, are identified in the 10- Year CIP for replacement. A scope of work to replace the lights between Winnetka and Louisiana avenues was bid in 2018 and higher than anticipated bids were received. Upon review of the bids, the high costs were due to the work required to remove and replace the existing light bases. The original scope included removing 33 existing lights, installing 16 new decorative lights and removing 17 light bases. The new scope of work included in this project includes utilizing all of the existing light bases which will minimize the disruption to sidewalks, conduit, and landscaping. All 33 existing lights will be replaced. The installation of new street lights between Xylon and Winnetka avenues is also identified in the 10-year CIP. Nine new decorative pedestrian lights are included in this project between Xylon and Winnetka avenues, along with the light bases and conduit necessary to support the lights. The lights installed along 42nd Avenue will in general be 16 foot tall LED lights, the same as lights installed on Xylon Avenue in the City Center. There will be five 12 foot lights installed at bench and bus stop locations. Two 4 foot tall lighted bollards will be installed at bus stops to provide additional pedestrian lighting at these locations. In addition to lighting elements, banner arms will be purchased for each of the new light poles. The banner arms used on the old light posts are not compatible with the new light post design. Staff plan to purchase all lighting elements and banner arms directly from suppliers and provide the lights to the contractor for installation. The city received three bids at the March 14 bid opening. The low bid contractor, Egan Company submitted a Total Bid Amount of $110,538.00. This compares to the Engineer's Opinion of Probable Costs of $225,000. In addition to the contract with Egan Companies to install the street lights, staff will be purchasing the street lights directly from a local supplier. Staff sought bids from three vendors and if authorized will be I:\RFA\PUBWORKS\2019\Council\101442nd Avenue Lights\ 3-25 1014 Award Bid and Authorize Purchase purchasing the lights for installation from Graybar for a total cost of $202,376.48. Staff is also currently working to apply for a Cooperative Purchasing Program which may reduce the total cost of lights. Funding Combined, the purchase and installation cost of the street lights is $312,914.48. Funding for $450,000 in street lighting improvements is identified in the 2019 CIP. Attachments ■ Resolution • Memorandum by City Engineer + Bid Tab • Graybar Quote City of New Hope Resolution No. 19 - 39 Resolution awarding contract to Egan Company for construction of 2019 42nd Avenue Street Light Replacement (Improvement Project No. 1014) and authorizing the purchase of street lights WHEREAS, the city engineer has identified the need for infrastructure improvements specified in the 2019 CIP; and, WHEREAS, plans and specifications for the 2019 42nd Avenue Street Light Replacement Project No. 1014 have been prepared by consultant engineers, Stantec, and approved by Council; and, WHEREAS, the city has received acceptable bids and the Council does hereby determine to proceed with the .2019 42nd Avenue Street Light Replacement Project; and WHEREAS, the bid of $110,538.00 from Egan Companies is the lowest responsible bid submitted; and WHEREAS, funding is available in the street lighting fund. NOW, THEREFORE, BE IT RESOLVED: 1. That the contract of public improvement project no. 1014, the 2018 42nd Avenue Street Light Replacement Project, is awarded to Egan Companies. 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, He epin County, Minnesota, this 25th day of March, 2019. Mayor �J Attest: City Clerk ($ Stantec March 14, 2019 Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 Minneapolis MN 55402 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2019 42nd Avenue North Street Lighting Improvements City Project No. 1014 Stantec Project No. 193804214 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the 2019 42nd Avenue Street Lighting Improvements project on March 14, 2019. 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 3 Bids. The following summarizes the results of the Bids received: Contractor Total Base Bid Low Egan Company 1 10,538.00 #2 Killmer Electric Co., Inc. $122,272.00 #3 Granite Ledge Electrical Contractors, Inc. $123,631.95 Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. The low Bidder on the Project was Egan Company with a Total Base Bid Amount of $1 10,538,00. This compares to the Engineer's Opinion of Probable Costs of $225,000.00. If the City Council wishes to award the Project to the low Bidder, then Egan Company should be awarded the Project based on the Total Base Bid Amount of $110,538.00. Should you have any questions, please feel free to contact me. Sincerely, STANTEC CONSULTING SERVICES INC. alli� ay. /"7-, Chris Long, P.E. Enclosure 00SiC n with C01MI rttT-0y in rnind (:� Stantec BID TABULATION Project Name: 2D19 42nd Avenue North Sheet Light Improvements I hereby certify that this is an exact reproduction of bids received City Project No.: 1014 _ Stantec Project No.: 193804214y�/ Bid Opening: Thursday, March 14, 2019 of 10 A.M., CDT Owner: City of New Hope, Minnesota Chris Long, P E License No. 47706 Item Num Item BASE BID: PART I - LOU15tANA AVE TO wiNNETKA AVE Units Qty 1 MOBILIZATION LS 1 2 TRAFFIC CONTROL LS 1 3 REMOVE LIGHTING UNIT EA 33 4 FURNISH AND INSTALL LIGHTED BOLLARD UNIT EA 2 5 INSTALL LIGHTING UNIT TYPE SPECIAL I (12'TALL) EA 5 6 INSTALL LIGHTING UNIT TYPE SPECIAL (16' TALL) EA 26 7 SALVAGE EXISTING SIGN EA 37 TOTAL BASE BID: PART 1 - LOUISIANA AVE TO WINNETKA AVE BASE BID: PART 2 - WINNETKA AVE TO XYLON AVE 8 MOBILIZATION LS 1 9 TRAFFIC CONTROL LS 1 10 REMOVE SIDEWALK SF 320 11 1Z"NON-METALIC CONDUIT -TRENCHED LF 1175 12 1.5" NON-METALIC CONDUIT- DIRECTIONALLY DRILLED LF 1250 13 UNDERGROUND WIRE 1 COND NO 4 LF 9700 14 LIGHT FOUNDATION DESIGN E - MODIFIED EA 9 15 INSTALL LIGHTING UNIT TYPE SPECIAL (16' TALL) EA 9 16 HANDHOLE EA 2 17 SALVAGE EXISTING SIGN EA 3 18 EROSION CONTROL BLANKET WITH SEED SY 1000 19 STREET SWEEPER (WITH PICKUP BROOM) HR 4 TOTAL BASE BID: PART 2 - WINNETKA AVE TO XYLON AVE TOTAL BASE BID: PART 1 - LOUISIANA AVE TO WINNETKA AVE TOTAL BASE BID: PART 2 - WINNETKA AVE TO XYLON AVE TOTAL BASE BID: PART 1 8 2 Contractor Name and Address Phone: Email: Signed 8, Title: Signed Responsible ControctorCedtlCo:e Bid Secutlty Addenda A.CtnoW edged Bidder No. 1 Bidder No. 2 Bidder No. 3 Egan Company Killmer Electric Ledge Electricalic Co., Inc. Contractors, Inc. Unit Price Total Unit Price Total Unit Price Total $1,800.00 $1".00 $2,250.00 $2,250.DO $1.825..67 $1,825.67 $3,700.00 $3.700.00 $3,500i00 $3,500. $8,564.70 SB.564,70 $320.00 $10.5mo0 $325.00 $10.725A0 $322,26 $10634,58 $2,400,00 $4,800.00 $2,141.00 S41Z8200 $2,720.90 $5,441,80 $350.00 $1750.00 $505.00 $2:525.Oo $532.33 $2,661.65 $475.00 $12-M,00 $556.00 $14,156.00 $532.33 $13.$40.58 $26.00 $962.00 $50.00 $1250,00 $30-43 $1,125.91 $35,922.00 S39,568.00 $44,D44.89 $3,000.00 53.DD0,00 $2,250.00 $2.250.00 $2,190.81 $2,190.81 $3,708.00 $3.708,0.0 $3,500.00 $3.500,00 $10,717.11 $10,717.11 $7.15 $2,288.00 $14.00 $4.080.00 $16.75 $5-M.DD $6,00 $7.C15D.00 $820 $9,835,00 $5,30 $6,227-SO $17,00 $21.250,00 $14.00 $T7,5=00 $12.96 416.2D0,00 $1.60 $15.520:DD $1.55 $15,03S-OD $1.52 $14,744.00 $1,250.00 $11.250.00 $1,045.00 $9,409.00 $964.08 $8,676.72 $475.00 $4,215.00 $556.00 $5,1304.DD $532.33 $4,790.97 $945.00 $1$96.OD $765.00 $1.530-03 $90323 $IMO.46 $25.00 $75,00 $125.00 S375.OD $30.43 $91.29 $3.75 $3:750.DD $13.45 $13450.00 $8-18 $8,180.00 $14D.00 S560.00 $130.00 s520.00 $138.05 $552.20 $74.616.00 382.684A0 579,537.06 $35.922.00 $39.588.00 $44,094.59 $74,616.00 $82.684.00 S79,537.06 $110,53B.00 $122,27240 $123,631.95 Egan Company Killmer Electric Co., Inc. GreMe Ledge Electrical Gonftcctom Inc. 7625 Boone Avenue N. 5141 Lakeland Ave. 15436 130th Street Brooklyn Park, MN 55428 Crystal, MN 55429 Fpres''Pom MN 56330 (763) 544-4131 (763) 425-2525 (320) 294-5557 m€IQecanco.cam sJz!ka killmere€ectnc.Ctam mosaa,:aan:slvdneatvcmccan Brodley R. Drews Brian Palmer Rhonda J. Brown Vice President President Presdent Yes Yes Yes Bid Bond Bld Bond Bld Bond None None None 193SM219 Bid Tab BT-1 e GraybaR, DISTRICT MAIN HOUSE 2300 EAST 25TH ST MINNEAPOLIS MN 55406-1221 Phone: 612-728-3500 Fax: 612-729-2889 To: City of New Hope Date: 03/12/2019 4401 Xylon Avenue No. Proj Name: NEW HOPE MN 55428-4843 GB Quote #: 0232253465 Rev-1 Attn: CHRIS LONG Release Nbr: Phone. 763-531-5131 Purchase Order Nbr: Fax: 763-531-5136 Email: Additional Ref# Valid From: 03/11/2019 Valid To: 04/10/2019 Contact: BENJAMIN STREITZ Email: benjamin.streitz@graybar.com Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows Notes: *REFERENCE RFQ DOCUMENT FOR COMPLETE PRODUCT DESCRIPTIONS *EST LEAD TIME: 6-7 WEEKS *FREIGHT ALLOWED Item Item/TV-De QUan6ty Supplier Catalog Nbr Description Price Unit Ext.Price 100 26 EA HOLOPHANE GPD2 P30 40K CHA 16 L6J 16__1 $4,569.61 1 $118,809.86 AS M BZ 3 R S P07 ABG_1 BZ BZ C FPD85 200 5 EA HOLOPHANE GVD2 P30 40K CHA 12 1-6J 16 1 $3,985.12 1 $19,925.60 AS M BZ 3 R S P07 ABG.-1 BZ BZ F FPD85 ***Item Note:*** 300 ***Item Note:*** 400 REQUESTED MATERIAL 5 EA HOLOPHANE GPD2 P30 40K CHA 12 L6J 16_1 $41171.09 1 AS M BZ 3 R S P07 ABG-.1 BZ BZ C FPD85 ALTERNATIVE OPTION FOR LINE ITEM 200 124 EA HOLOPHANE BA 24 L45 H 4 BANNER ARM $174.07 1 BZ ALUMINUM 500 9 EA HOLOPHANE GPD2 P30 40K CHA 16 L6J 16 1 $43569.61 1 AS M BZ 3 R S P07 ABG _ 1 BZ BZ C FPD85 $20,855.45 $21,584.68 $41,126.49 This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approvals For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phonebt: 1-800-GRAYBAR Subject to the standard terms and conditions set forth in this document. Unless otherwise noted,frelghl terms are F.O.B. shipping point prepaid and bill, Unless noted the estimated ship date will be determined at the time of order placement. Page 1 of 3 To: City of New Hope Date: 03/12/2019 4401 Xylon Avenue No. Proj Name: NEW HOPE MN 55428-4843 GB Quote M 0232253465 Rev-1 Attn: CHRIS LONG Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows Total in USD (Tax not included): $222,302.08 This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR Subject to the standard terms and conditions set forth In this document. Unless otherwise noted,frelght terms are F.O.B. shipping point prepaid and bill. Unless noted the estimated ship date will be determined at the time of order placement. Page 2 of 3 To: City of New Hope Date: 03/12/2019 4401 Xylon Avenue No, Proj Name: NEW HOPE MN 55428-4843 GB Quote M 0232253465 Rev-1 Attn: CHRIS LONG Proposal We Appreciate Your Request and Take Pleasure in Responding As Follows GRAYBAREi��E[['1'R ICCOMPANY INC- PERMS AND CON ITIONS OF SALE I. A(: LrEPTANCE OF ORDER TERMINATION -Acceptance ol'any order is-thj t to credit Ap roval and wcaptancc of order by Graybar Electric Company, lne. rGryµ•Bar") and, when applicable, Graybar's suppliers. 11'cii;dtt CT the buyer of the goods ("Buyer") becomes unsid4factory to Graybar, Liray6ar reslrm tic tight to lefnlmalo upon notice to EitYyrr and without liability to Graybar. 2. PRICES AND SHIPMENTS - Unless otherwise quoted, prices shall be those in effect at time of shipment, which shall be made F.O.B. shipping point, prepaid and bill. 3, RETURN OF GOODS - Credit may be allowed for goods returned with prior approval. A deduction may be made from credits issued to cover cost of handling. 4. TAXES - Prices shown do not include sates of other taxes imposed on the sale of goods, Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to reimburse Graybar For any such tax or provide Gmyhor with acceptable tax exemption certificate. 5. DELAY IN DELIVERY - Gipyhar is not to be accountable for delays in delivery occasioned by acts of God, failure of its suppliers to ship or deliver on lime, or other circumstances beyond Oreybar' s reasonable control. Factory shipment or delivery dales nre the best estimates of our suppliers, and in no case shall Graybar be liable for any tcinsequenual or special damages arising from any delay in shiprneM or delivery. �`�L71tCI.£ ARANCC I.71t+7hn'f A�'ATlEttT CA1 N[}7'1,1�1alA.iNTAi1VEU "!!Al.l.T�h1 S LItiA"nUN, WHli[tE Tl•liGpppS }IAVE I'Ol"T,}•FI'lill.FC3R XYIR£CiYATIffi1TCONTACT pR WfiliRk A 51X (6) 7, LIiv11TAT1ON OF I�IAB}1.i7`Y - rfuy4 s rcflledfes under this agreement are C hdccsio any goof& our lkin t1 m mmllasc? rar's wnns and rondioliln�rsfoG[p hNbaCApSFirHALL GRAYOnishe iurABLEiFOR �[eya�tcyl_Fu[ihc[r1r rF er-rayLp{x rah tiff s}to(I iuwtlnl to either repair or replo c ten df orrcliln o t1 purchax rice, all nl' li is t n, n 1 h ff!lZ ll)hhTAL SPh�Iflt..OR COhiSL•y UF.P•!' fAL I]AMAGCS. In addition,c a n% w sha gus, other than loss in lmnsil, null be utade in wriling i,ol more Ihpn five (5) days afler receipt ors ipment. 8. WAIVER - The failure ol'Graybar to insist upon the perrormance of any of the leans or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such lens, conditions, or rights in the future, not shall it be deemed to be a waiver of any other term, condition, or right under this agrwnnent. 9..M¢DIFICAI' ON OF T�' hF"�.AND CONDITI❑ - These tcmss and conditions ittgr "i; a}1 el Cf CpI?1111unICAfipns, rierttalinns, and pjlor oral or Wrptlpn siAtcncnli regard, the auhir suaner of dttisc enns,and L'nndrii(uri•,Np C lane 1110 i iSnl lap, M.Wifrion, d Sl; rime, nhandoninCnM1, er Wit iver orI ck;i Wink an G candil lolls shall he bi rdling uptin C�1yh71r unIC55 made m tors tiny and s,gn Al 5n itx behalf by a duI pgtltot'iayl 1'cprcscnlahvr ❑ Urayifar No canddutpr, usage a Iradc, courgp ordr Zing or perhrrntancc undersinndf nr o rpentcle, pulpartt7tg to nmlllfj(, vn1Y explebr, nr suppicA will ihcsc ttr it tin l conditions chats be binding tin cx. ItcnuR¢r mode +n 5rlilinRR and sigrutl by IhC rOr)y to lw. bound ny prapnscd ,irndt�cuirons rla ndsCrligpal. imps ard. Fprcifcally rc3ccf1 anl4 d4R.lcd I, malckin I nitemlmn 3lcrcaf. ff Ir docunrenl %MIT be decnud an nrceptan xr era preps n rr hY ITnycr. such Accepla r+exprcsrly a inn ml upon piuycr' F agseni to any addktona! or dtflcrcnt temre �[r drib heMin. 10. REELS -When Graybar ships returnable reels, a feel deposit may be included is the invoice. The Buyer should contact the nearest Graybar service location to return feels { CERT PICAT1 " - C %Fmr.Ircroby erl lies.Ill at ilim, s �%vm redo in �nrnpliatnc with It Applicable rcquirnnrntsn 5¢clingY G, 7,a 12 of iltp Fop Labor Slaq la Act, asA Scnded and of re ultrtions and rl)c{. eft Ia Unitq tAlC+r?ctrarhoC t of LA i.+sucdunddeT Svcuan I thenea Th,xagry lent is ru es to ExCcutivc Ofdof II l•1S, as At110Rdcd `�` Rehabilitation 1 Act of ]4�3 amen {h• Vieu,prr� ye�eran s' arfiutment Asstrlance Art rr I474A, nr amen od E.O. 134�fi, 29 C'IF0 Pan 47 , Apptildix A to Suhp�trt A, and dtc cotrrsponding regulaumis, la the extent rcquircd by law. 41 CFR 60-1. 1t41-141.5, and 60-2%5 arc I neor�n slag Retest by referenec, to the u lent IcVn71y eequtYed. (12, PUHI'IGk BRup"r PRACTICES AL`T •,Bnycrxhalk comply w4h npplrcahlo lawF and r ulatipng rclulinttto milli -corruption. includirlQ, sv'Utaul limitation, [ij [he l3rdtM Stores Forcf�n Corrupt Pmclicc4 Agl finbNi'A)njFn[ fir 1Cd d es �q'1 tn�KncChVC dFlf]L'�Ila4�e urpAlfgrtltagCC,y� (i) IaiAl an�TegulAl`qQY IlSiplC[I1Cntnlg Ihv Uft[Ani�ation {.p[ FC�PaMlIic Cnepern`ion apd Development's ['rusvenlionon Camhm,ng j ry ggnR 0f11erals kn Imrntpiianai BtplridasIrMsaclions, IhC U. Convenlinn llgpinrl Corntplion, and the Intor.nmerican fioRVCillspn Against Cnrruptrnn in f3uyc['s country or pay [utlnlry whrrc p¢r armanca of t]rlsAgrCCinCns err drhvcry u! goads writ occur 13. ASSIGNMENT -Buyer shall not assign its rights or dclegale its duties hereunder or any interest herein without the prior written consent of Graybar, and any such assignment, without such consent, shall be void. I4. GENER 1. PRO VISIUNS - All ty wgrpphicAl arcicricpl errors nlape by trayy�r in any qupt>flwn, ackpawl¢dgrneni or pnbikcattnn arQ auN cl to corrmlinn.'rhis ARrectncnl shell, be ovemcd by the laws of fhe State of Miss�sggon apep tcaltle V Contracts to� {nlrlxd and fury r�rl ormed tvjlitlq the Slntc a Mi5xmm on pul Stiv{ 9 eCrffLet to Slfe ePoicq or,1-1 lets of iAw provisions [heronf. All putu aris,ng �r9m q[ aoncermrig This ag[CCtlron t shell rry hkd in is Circuit ['out n SI. ass Count N! issdun, or list llailed .Slogs Dutnct Court f er lF,c E•usicm DrstritK of Missouri, slid no other place ualcss nrhrrsv isc 4cicnnimd sn GrAi'nnr's sole deetction. 8uycr hereby irrcva[ttbly cdnwnt[ to dtc}uris lefion of such court of courts and agra.•cw to Appcpr m any such Action upon writirn notice thereof. I5. P/tYh11ENT TERMS - PSy�nenl lerrnx shall be as staled on Graybar's invoice or as pdtene'ise mutually agreed. As a conditieq of Slitr sales agreement, a own lily service charge of the lessor of I-1/2% or the maximum lei, inMd y low may be a to all accounts not paid by net due date. Visa, MasterCard, Atucrican Express, and Discover credit eArrli are accepted al point 0 purchase only. 16, EXPOON G - Buyrr ackpowiLdWs that tl)ix order rod cite perform uc,a tllctcuf Arc subje to cnntpl{ALtvw wish tiny an�All apmi icablC P iteq Sook iaw9, regulnlions, or orders. IIuyer 11t[rCIS iR corn with all YYC}t lawn, sego iipns, xnp pr ors, tqq¢ludmg, ilnp hcA61v. rt11 . squtrr.�e�ncnl8 n�lhe Ipk[�pStro}ai I r�fff ie to Arms.Rrgulptlnp b nr R eT:xpon Ad`nimslmtron Act, ns ropy be amended. 8uyc[ furl}lcr A�rocs lhp[ if the export EpwxAre npphCmble, tr vvi i not drrrlexe or rc�xpppprt m{y,leepleak data rr£ervrd unrkr'thrs nrlltt t4 ony a unities fp>' tt'iCgrs the llnitnf Statex RGmemuent [epWr�Cs son export license dr other xuppoding dlxun5enlatioh al the uiuc afcxpon or tnlNtcr, unleyt, liuycr has obthir[ed poor wrincn aull,nnn tipn Cron Ilie United Slauk �Sf1icC pf krp0,rt Cantml m other aulEnmy r"nio c for such natters. Signed: This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval) For more information call 1-800-241-7408 to speak with a leasing specialist. To learn more about Graybar, visit our website at www.graybar.com 24-Hour Emergency Phone#: 1-800-GRAYBAR Subject to the standard terms and conditions set forth In this document. Unless otherwise noted,frelght terms are F.O.B. shipping point prepaid and bill. Unless noted the estimated ship dale will be determined at the time of order placement. Page 3 of 3 ® Stantec Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000, Minneapolis, MN 55402 April 2, 2019 Mr. Bradley Drews Egan Company 7625 Boone Ave. N Brooklyn Park, MN 55428 Re: City of New Hope, Minnesota 2019 42nd Avenue North Street Light Improvements City Project Nos. 1014 Stantec Project No. 193804214 Notice of Award/Contract Documents Dear Mr. Drews: You are notified that your Bid dated March 14, 2019 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $1 10,538.00 for the Total Base Bid. Enclosed are four Contract Documents between you and the City of New Hope covering the above -referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 61 13.16 Payment Bond. The insurance and indemnify requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steve Sondrall Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443-1968 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Egan Company(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 New Hope to review the Project. Sincerely, STANTEC CONSULTING SERVICES INC. aA40A- W. x, Christopher W. Long, P.E. Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steve Sondrall, City Attorney Design with community in mind Project Name: 2019 42nd Avenue North Sheet Light Improvements 1 hereby certify that this is an exact Sta ntec reproduction of bids received. City Project No.: 1014 Stantec Project No.: 193804214 Bid Opening: Thursday, March 14, 2D19 at 10 A M. Owner: City of New Hope, Minnesota a4� Chris Long, P.E. License No. 47106 Bidder No. 1 Bidder No. 2 Bidder No. 3 BID TABULATION Egan Company Klllmer Electric Co., Inc. Granite Ledge Electrical Contractors_ Inc. Item Num Item Units City I MOBILIZATION LS 1 2 TRAFFIC CONTROL LS 1 3 REMOVE LIGHTING UNIT EA 33 FURNISH AND INSTALL LIGHTED BOLLARD UNIT EA 2 5 INSTALL LIGHTING UNIT TYPE SPECIAL 1 (12' TALL) EA 5 6 INSTALL LIGHTING UNIT TYPE SPECIAL (16' TALL) EA 26 7 SALVAGE EXISTING SIGN EA 37 TOTAL BASE BID: PART 1 - LOUISIANA AVE TO WINNEMA AVE BASE BID: PART 2 - WINNETKA AVE TO XYLON AVE B MOBILIZATION LS 1 9 TRAFFIC CONTROL LS 1 10 REMOVE SIDEWALK SF 320 11 1.5" NON-METALIC CONDUIT - TRENCHED LF 1175 12 1-5" NON-METALIC CONDUIT- DIRECTIONALLY DRILLED LF 1250 13 UNDERGROUND WIRE 1 COND NO 4 LF 9700 14 LIGHT FOUNDATION DESIGN E- MODIFIED EA 9 15 INSTALL LIGHTING UNIT TYPE SPECIAL (16' TALL) EA 9 16 HANDHOLE EA 2 17 SALVAGE EXISTING SIGN EA 3 18 EROSION CONTROL BLANKET WITH SEED SY 1000 19 STREET SWEEPER (WITH PICKUP BROOM) HR 4 TOTAL BASE BID: PART 2 - WINNETKA AVE TO XYLON AVE TOTAL BASE BID: PART 1 - LOUISIANA AVE TO WINNETKA AVE TOTAL BASE BID: PART 2 - WINNETKA AVE TO XYLON AVE TOTAL BASE BID: PART 1 i 2 Contractor Name and Address Phone: Email: Signed Bl Title: Signed Responsible Contractor Certl Ticale Bid Security Addenda Acknowledged Unit Price Total Unit Price Total Unit Price Total $1,800.00 $1".00 $2,250.00 $2.29D.00 $1,825,67 $1,825.67 $3,700.00 $3;700,D0 $3,500.00 $3,50D.00 $8,564.70 $8,W.70 $320.00 $10.560.00 $325-00 $10,725.00 $32226 §10,634.58 $2,400-00 $4.660-00 $2,141.00 $4.282AD $2,720.90 $5,441 AID $350.00 $1,750.00 $505,00 $2.525.00 $532.33 $2,661 A $475.00 $12:35D-00 $556.00 $14,456A0 $532-33 313d46.S6 $26.00 $96240 $50-00 $1,050-00 $30.43 $1,125.91 $35,93200 539,58&00 544,094A9 $3,000.00 $3,000.00 $2,250.00 S2256A0 $2,190,81 $2,190.81 $3,708.00 $1708,00 $3,500.00 $3,500,00 $10,717.11 $10,717.11 $7.15 $2,2118A0 $14.00 $4,480.00 $16.75 $5.".3 90 $6,00 $7,050.00 $8,20 $9.635.00 $520 $6,227.50 $17.00 $21.250= $14.00 $17.500.00 $12.96 $16.2= $1.60 $15.$20,00 $7.55 $1&M.00 $1.52 $14.744.00 $1,250.D0 $11150AD $1,045.00 $9,40$.00 $964.08 3&674,72 $475.00 $4.275.00 $556-00 $5,004.00 $532.33 $4,790.97 $945.00 $1,69cm $765.00 $1.530.00 $903.23 $1,806.46 $25.00 $75.00 $125.00 3375.00 $30_43 $91.Y9 $3.75 $3,750" $13.45 $13,450.00 $8.18 $8,160JDD $140-00 $W.06 $130.00 $52D.00 $138.05 $552.20 $74,61&00 $82.6B, = $79,537.06 535.922.00 539.588,00 $%094-89 $74,616.00 982.6"40 S79.537.06 $110.53&00 $122.27200 S123,631.95 Egan Company KRIm®n Electric Co., Inc. Granite Ledge Electrical Contractors, Inc. 7625 Boone Avenue N. 5141 Lakeland Ave. 15436 130th Street Brooklyn Park, MN 55428 Crystal, MN 55429 Foreston, MN 56330 (763) 544-4131 (763) 425-2525 (320) 294-5557 rrillOggancomm zilkagikkillmerelecidc.carrl re re re1-d 1 Rhando J. Brown Bradley R- Drews &ion Palmer %ke President i reslident Presidenl yes Yes Yes Bid Bond Bid Bond 84 Bond None None None 1933D4214 Bid Tab BT-1 ®� JENSENSONDRALL PERSELLIN&WOODS ■ P.A., ATTORNEYS AT LAW GORDON L. JENSEN' MELANIE P. PERSELLlW' STEVEN A. SONDRALL STACV A. WOODS' 'Real Property Law Specialist Certified By The Minnesota State Bar Association 21-icensed in Illinois/Colorado 3Qualified Neutral Mediator under Rule 114 May 20, 2019 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 11 TELEFAx (763) 493-5193 wwwJspWaw.com Re: 2019 42nd Ave. N. Street Light Improvements City Project No. 1014 Our File No.: 99.10030 Dear Val: Writer's Direct Dial No.: (763) 201-0265 e-mail saw@jspwlaw.com personal delivery Enclosed please find four copies of the contract with Egan Company, a Minnesota corporation. Also enclosed are the bid, performance and payment bonds for the referenced project, as well as the Certificates of Insurance. All are in order from a legal standpoint. Please call me if you have any questions. Sincerely, acy A. 1 ads, Assistant City Attorney, City of N w Hope Enclosures cc: Steven A. Sondrall, City Attorney Bernie Weber, Public Works Director Chris Long, City Engineer P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-10030 (Public Works general)\Leone ltr - 2019 42nd Ave N Street Lights - Project 1014.docx 3 W, 101-10 May 23, 2019 Mr. Bradley Drews Egan Company 7625 Boone Avenue North Brooklyn Park, MN 55428 SUBJECT: 42nd Avenue North Street Light Improvements - Project 1014 At its meeting of March 25, 2019, the New Hope City Council approved the contract with your company for project 1014 for $110,538. Enclosed are two fully executed contracts. Please submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC-134 form (we cannot make final payment to contractors until this is approved .by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Chris Long with Stantec at 651-604-4808 if you have any questions regarding the project. Sincerely, kuk��� Valerie Leone City Clerk, CMC Enclosures -- Contract, IC-134 cc:. Chris Long, .city engineer Bernie Weber, public works 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 Hail Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Project Manual For 2019 42nd Avenue North Street light Improvements Prepared for: City of New Hope, Minnesota City Project No. 1014 February 2019 Stantec Project No. 193804214 i i SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS PROFESSIONAL ENGINEER I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Responsible for Division SL. 9Ae /1111 Michael T. Fitzpatrick Date: February 21, 2019 License # 53078 PROFESSIONAL ENGINEER I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. W. Christopher W. Long 100, Date: February 21, 2019 License # 47106 END OF SECTION © 2019 Stantec 1 193804214 PROFESSIONAL CERTIFICATIONS 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 1 1 13 Advertisement for Bids 0021 13 Instructions to Bidders 0041 10 Bid Form 0041 13 Bid Form Attachment A Contracting Requirements 00 52 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Std General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 1000 Summary 01 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 7000 Execution Requirements Division 02 - Existing Conditions 0241 13 Selective Site Demolition Division 32 - Exterior Improvements 32 92 00 Turf and Grasses Division SL - Special Provisions for Lighting Construction END OF SECTION © 2019 Stantec 1 193804214 TABLE OF CONTENTS 0001 10-1 This Page Left Blank Intentionally 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., CST, Thursday, March 14, 2019, 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: 2019 42^d Avenue Street Unhting Improvements - City Fro'ect No. 1014 In general, Work consists of lighting improvements between Xylon Avenue North to Louisiana Avenue North on 42nd Avenue North (CSAH 9). The City will provide the new pedestrian lights and banner arms to the Contractor. The following approximate quantities include: 33 EA Remove Existing Lighting Unit 2 EA Furnish and Install Lighted Bollard 5 EA Install 12' Pedestrian Light (Pedestrian Light provided by Owner) 35 EA Install 16' Pedestrian Light (Pedestrian Light provided by Owner) 9 EA Furnish and Install Concrete Light Base 10,800 LF Furnish and Install XHHW Wire (#6 and #8 AWG) Along with miscellaneous removals, conduit, restoration and correlated appurtenances. Complete digital Bidding Documents are available at www.auestcdn.com for $20 by inputting QuestCDN eBidDoc #6134720 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 733 Marquette Ave., Suite 1000, Minneapolis, MN 55402, (612) 712-2000. Direct inquiries to Engineer's Project Manager, Chris Long, at (651) 492-7747. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota END OF SECTION © 2019 Stantec 1 193804214 ADVERTISEMENT FOR BIDS 00 11 13- 1 This Page Left Blank Intentionally ADVERTISEMENT FOR BIDS © 2019 Stantec 1 193804214 00 11 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 and 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: A. Evidence of Bidder's authority to do business in the state where the Project is located. INSTRUCTIONS TO BIDDERS @ 2019 Stantec 1 193804214 0021 13 - 1 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, 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 INSTRUCTIONS TO BIDDERS © 2019 Stantec 1 193804214 0021 13 - 2 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; 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; INSTRUCTIONS TO BIDDERS © 2019 Stantec 1 193804214 0021 13 - 3 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. ARTICLE 5 - PRE -BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in 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. 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 © 2019 Stantec 1 193804214 INSTRUCTIONS TO BIDDERS 0021 13-4 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 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 © 2019 Stantec 1 193804214 INSTRUCTIONS TO BIDDERS 0021 13-5 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 © 2019 Stantec 1 193804214 0021 13 - 6 ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 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 Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. INSTRUCTIONS TO BIDDERS © 2019 Stantec 1 193804214 0021 13 - 7 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional 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 © 2019 Stantec 1 193804214 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 © 2019 Stantec 1 193804214 0021 13 - 9 This Page Left Blank Intentionally [� Stantec BIDDER: Egan Company DOCUMENT 0041 10 BID FORM 2019 42ND AVENUE NORTH STREET LIGHT IMPROVEMENTS CITY PROJECT NO. 1014 PROJECT NO. 193804214 NEW HOPE, MINNESOTA 2019 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope. MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders. including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3,01 In submitting this Bid. Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other reloled data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: AddendmnV-Q,, / Adaandurn Date v B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC-4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations. explorations. tests, studies, and data concerning condllions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods. techniques, sequences, and procedures of construction to be employed by Bidder, including applying the Specific means, methods, techniques. sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. d 2019 Staniec 1 193804214 00 4' 10 1 BID FORM a . a Egan Company G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that; A. The prices in this Bid have been arrived of 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 low may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims. of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law, 5.01 Bidder will complete the work in accordance with the Contract Documents for the following price)s); All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices hove been computed in accordance with Paragraph 1 1,03.13 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents, No. Item Units O Unit Price Total Price BASE BID: PART 1 - LOUISIANA AVE TO WINNETKA AVE 1 MOBILIZATION 2 TRAFFIC CONTROL 3 REMOVE LIGHTING UNIT 4 FURNISH AND INSTALL LIGHTED BOLLARD UNIT LS 1 $ 1, 800.00 $ 1, 800.00 LS T. $ 3,700.00 $ 3,700.00 EA 33 $ 320.00 $ 10,560.00 EA 2 $ 2, 400.00 $ 4, 800 .00 © 2019 S1onlec 1 193904214 00 "1 40 • ? BID POW Egan Company No. Item Units Qty Unit Price Total Price 5 INSTALL LIGHTING UNIT TYPE SPECIAL (12'TALL) EA 5 350.00 1,750.00 6 INSTALL LIGHTING UNIT TYPE SPECIAL (16' TALL) EA 26 $ 475.00 $ 12, 350.00 7 SALVAGE EXISTING SIGN EA 37 26.00 962.00 $ $ TOTAL BASE BID: PART 1 - LOUISIANA AVE TO WINNETKA AVE 35,922.00 $ BASE BID: PART 2 - WINNETKA AVE TO XYLON AVE 8 MOBILIZATION 9 TRAFFIC CONTROL 10 REMOVE SIDEWALK 11 1.5" NON-METALIC CONDUIT - TRENCHED 12 1.5" NON-METALIC CONDUIT - DIRECTIONALLY DRILLED 13 UNDERGROUND WIRE 1 COND NO 4 14 LIGHT FOUNDATION DESIGN E- MODIFIED 15 INSTALL LIGHTING UNIT TYPE SPECIAL (16' TALL) 16 HANDHOLE 17 SALVAGE EXISTING SIGN 18 EROSION CONTROL BLANKET WITH SEED 19 STREET SWEEPER )WITH PICKUP BROOM) TOTAL BASE BID: PART 2 - WINNETKA AVE TO XYLON AVE TOTAL BASE BID: PART 1 - LOUISIANA AVE TO WINNETKA AVE TOTAL BASE BID: PART 2 - WINNETKA AVE TO XYLON AVE TOTAL BASE BID: PART 1 8 2 LS 1 3,000.00 3,000.00 LS 1 $ 3,708.00 $ 3,708.00 SF 320 $ 7.15 $ 2,288.00 LF 1175 $ 6.00 $ 7,050.00 LF 1250 $ 17.00 $ 21, 250. 00 LF 9700 1.60 15, 520.00 $ EA 9 1,250.00 $ 11,250.00 EA 9 $ 475.00 $ 4,275.00 EA 2 945.00 1,890.00 EA 3 25.00 75.00 $ $ SY 1000 3.75 3,750.00 $ $ HR 4 $ 140.00 $ 560.00 74,616.00 $ $ 35,922.00 $ 74, 616.00 $ 110,538.00 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 March 14 2019. Egan Company Corporation Name: Slate of Incorporation: Minnesota {SEAL) Electrical Contractor Type (General Business, P fessfonal, 5 vCe. t'm"ea Liability): _ _ ][ 1 l By: I (Signature) Bradley R. Drews Name (typed or printed): _ Vice President Title: Attest VN lL/Aw.- h G'r � (CORPORATE SEAL) Q V\` (Signature of Corporate Secretary( lJ Business Street Address (No P n. Box ws): 7625 Boone Avenue N Brooklyn Park, MN 55428 763-544-4131 Phone No.: mll@eganco.com Email.: ® 2019 Stantec 1 193804214 0041 10 - 4 BID FORM WIN . Name (typed or printed) By: _ (SEAL) (Individual's signature) Doing business as: Business Street Address (No P.O. Box Ws): Phone No.: Email.: Partnership Name:._ By: lure of general partner) Name (typed or printed); Business StreeI P.O. Box Ws): Phone No.: Email.: END OF DOCUMENT (SEAL) 0 2019 Stantec 1 193804214 0041 10 - S BID FORM SECTION 00 41 13 BID FORM ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE: 2019 4210 AVENUE NORTH STREET LIGHT IMPROVEMENTS -CITY PROJECT NO. 1014 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. Q 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor" means a contractor that conforns to the responsibility requirements in the solicitation document for its portion of the work on the project and verities that it meets the following minimum criteria: (1) The Contractor: (i) is in compliance with worker: 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 lax 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 detenninatinn that the contractor or related entitv undemaid wages or nenalties:* 0 2019 Stantec 1 193804214 BID FORM ATTACHMENT A 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 32613. 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 Dcpartment 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 deterniining 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 riot be responsible for the false statcments 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 0 2019 Slonlec 1 193804214 0041 13 - 2 Minn. Star- § 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 swom 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 tennination 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 f'alscly stated that it meets the minimum criteria. CERTIFICATION By signing this document 1 certify that 1 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) 1 have included Attachment AA with my company's solicitation response, and 3) if my company is awarded a contract, I will also submit Attachment A-2 as required. Authors Signatytre of O►►ne or 1fficer: Printed Name: xc) + Bradley R . Drews Title: Vice President Company Name: Egan Company Sworn to and subscribed before me this 14thdayof March % 19 >)fwary Public t- 01-31-2022 JJMy Commission Expires: Date: I March 14, 2019 JULIE A. FALSTAD C'ENG16W+6' bHERE Minnesota *"?M y cottP4sk by cr% j mbar 31, 21122 NOTE: Minn. Stat. 0 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 subdi►iskm 3 are not met. © 2019 Stoniec 1 193804214 81D FORM ATTACHMENT A 0041 13-3 ATTACHMENT A -I FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE: 20194ILIGIIT INIPROYEMENTS-CITY PROJ .CT NO. 1014 Minn. Stat. 0 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 CI Utilities, LLC Blaine, MN Allied Sweeping, LLC Warning Lites of Minnesota, LLC New Look Contracting, Inc, Neaton Brothers Erosion I Maple Grove, MN Mineapolis, MN Rogers, MN Watertown, MN BID FORM ATTACHMENT A 0 2019 Stontec 1 193804214 0041 13 - 4 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: 2019 42" AVENUE NORTH STREET Ll(�1l'I' INIPR VEMEN'rS-C1T1' PROJE.C'r NO. 1014 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. © 2019 Stantec 1 193804214 BID FORM ATTACHMENT A 004113-5 ADDITIONAL SUBCONTRACTOR NAMES Name of city where company home (Legal name of company as registered with the Secretary of State) office is located SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2 By signing this document, 1 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- ignature f ner or fftc Printed Name: Bradley R. Drews Title: `bate: Vice President March 14, 2019 Company Name: Egan Company Tv to and sulsscribec� berore ine this dayuf larc 2022 IV ry Public c 01-31-2022 My Commission Expires: END OF SECTION i 0 2019 Stantec 1 193804214 t. tt l'UMI w: Notary Public Minnesota kY. MisM, rJTlisei January 31, 2022 �� BID FORM ATTACHMENT A 0041 13-6 - N - I mif CHAHI(AI I FI Fr. IH(CAI I NGINEI:RING L UESIGN CURiA[NVVAI i G[AIINGI PAV[ SYSTI: hS IINIFHCIAUI NPI MPIGHIS TABRICA104 Gun UiA!G SYSTUMIS 010HuIS & SYSTE0 INUCRAII(IN SERVICE. To Whom It May Concern: The following leaders are authorized to sign any and all bid, contract and bond documents on behalf of Egan Company. Duane J. Hendricks, President & CEO James H. Ford, Chief Financial Officer ® James P. Nonn, Chief Information Officer Timothy E. Woolworth, Senior Vice President Ross A. Noak, Senior Vice President Bret R. Young, Senior Vice President ® Mark P. Broadwater, Vice President Bradley R. Drews, Vice President Michael A. Tengwall, Vice President Jeff B. Young, Vice President Sincerely, Duane J. Hendricks President & CEO Egan Company 7625 Boone Avenue N Brooklyn Park, MN 55428 DJH:jed hi'(7(-Kt Yth IIMIK -1,- 1• , . 0100 f;II 14 1 Ak Q'l!LI 163.544 4131 DEPARTMENT OF HUMAN RIGHTS EQUAL PAY CERTIFICATE OF COMPLIANCE The Commissioner of the Minnesota Department of Human Rights by the signature below attests that EGAN COMPANY is hereby certified as a contractor under the Minnesota Human Rights Act, §363A.44. Certificate start date: July 23, 2018 Certificate expiration date: July 22, 2022 Minnesota Department of Human Rights FOR THE DEPARTMENT BY: lq ° 4 ~ Kevin M. Lindsey, Commissioner AN EQUAL OPPORTUNITY EMPLOYER . Freeman Building • 625 Robert Street North • Saint Paul, MN 55155 • Tel 651.539.1100 wk DEPARTMENT OF HUMAN RIGHTS WORKFORCE CERTIFICATE OF COMPLIANCE The Commissioner of the Minnesota Department of Human Rights by the signature below attests that EGAN COMPANY is hereby certified as a contractor under the Minnesota Human Rights Act, §363A. Certificate start date: 12/24/2018 Certificate expiration date: 12/23/2022 Minnesota Department of Human Rights FOR THE DEPARTMENT BY: jlr t . ` Kevin M. Lindsey, Commissioner AN EQUAL OPPORTUNITY EMPLOYER Freeman Building • 625 Robert Street North • Saint Panl, MN 55155 • Tel 651,539.1100 Iv1N Relay 711 or 1,800,627.3529 - Toll Free 1.800.657.3704 - Fax 651.296.9042 • mn.govlmdhr ---------------------...--- -------- Office of the Minnesota Secretary of State Certificate of Good Standing 1, Steve Simon, Secretary of State of Minnesota, do certify that: The business entity listed below was filed pursuant to the Minnesota Chapter listed below with the Office of the Secretary of State on the date listed below and that this business entity is registered to do business and is in good standing at the time this certificate is issued. Name: Date Filed: File Number: Minnesota Statutes, Chapter: Home Jurisdiction: This certificate has been issued on; Egan Company 07/01 /1986 5H-81 302A Minnesota 03/04/2019 V`0�� OA,�'�� Steve Simon Secretary of State State of Minnesota lh< 7Mf N{J F.9nzA DECM1RT F�CflT OF . ,, LABOR & INDUSTRY CLASS A ELECTRICAL CONTRACTOR Construction Codes and Licensing Division Licensing and Certification Services 443 Lalayene Road N St Paul, MN 55155 Websile: Email: 0 Renw.QslaRtsnn,us Phone: 651.284.5034 This is to certify that the certificate holder is licensed as a CLASS A ELECTRICAL CONTRACTOR in the state of Minnesota and is in compliance with Minnesota Statutes 3266.33, Subd. 14, and may perform or offer to perform any electrical work in all areas of the state during the license period; provided the responsible individual is at all times a MASTER A ELECTRICIAN and the certificate holder maintains compliance with the required bond, general liability insurance, and workers' compensation laws. License : CLASS A ELECTRICAL CONTRACTOR Lic Number : EA000572 EGAN COMPANY Effective Date : 03/01/2018 7625 BOONE AVE NO Expiration Date : 02/29/2020 BROOKLYN PARK, MN 55428 VERIFY UP-TO-DATE STATUS, BOND, AND INSURANCE INFO AT www.dii.mn.clovlccldlLicVerify.asn (ENTER NUMBER). DEPARTMENT OF - LABOR AND INDUSTRY I.Icense/Certificate/Registration Detail Cass Type: CONTRACTOR REGISTRATION Appi cation No: 327547 Expire Date: 12/3112019 Ong Date: 12:2012013 Enforcement Action: NO Workplace WA Experience: Name: EGAN COMPANY Address: 7625 BOONE AVE NORTH BROOKLYN PARK, MN 55428 Phone Fax: Wither: Number: IR675550 Status: ISSUED Effect Date: Ill 2018 Print Date: A CONTRACTOR REGISTRATION IS NOT A LICENSE! Contractor Registration: is required for building contractors that are not licensed or required to be licensed by i;]I_l. but it is not Intended to provide any level of constrmerprotection. To verrty the status of Ikensed residential contractors. remodeiers_ and roofers. search under the Residential Contractors "Discipline" on the license lookup toot Bid Bond CONTRACTOR: (Name, legal status and address) Egan Company 7625 Boone Avenue North Brooklyn Park, MN 55428 OWNER: (Name, legal scams and addr=) City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 BOND AMOUNT: 5% Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 SURETY: (Name, legal status and prirtelp(rl place rjhrrxiner.►) Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 Mailing Address for Notices Five Percent of Amount Bid PROJECT: (,Name, location or addren andl'rojeetnumber.. iJa{ij 2019 42nd Avenue North Street Lighting Improvements - City Project No. 1014 This document has important legal consequences, Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor. Surety, tamer or other party shall be considered plural where applicable. The Contractor and Surety arc bound to Ilse Owner in ilia amount set forth above, for the payment of which the Contractor and Surety bind Ihennsclves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond arc such that if the Owncr accepts the bid of the Contractor within the time specified in the bid documents, or within such tinne period as may be agreed to by Clio Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Omier, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner ilia difference, not to exceed the anount of Ibis Bond, between Clio amount specified in said bid and such larger amount for which the Owner nnay in good faith contract with another party to perlimn the work covered by said hid, then this obligation shall be unit and void, otherwise to remain in full force and elTecl. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend (lie time in which the Owner may accept Ilie hid. Wuiver ol'noliw by the Surely Shull not apply to any extension exceeding sixty (00) days in the aggregate beyond the lime lbr acceptance of bids speciled in the bid dtwumculs, and the 0w7ner and Conlractor shall obtain the Surely's consent lbr an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid ton Contractor, the temp Contractor in this Bond shall be deemed to be Subcontractor and ilia teen Owner shall be deemed to be Contractor. When This Bond has been furnished to comply with u statutory or other legal requirement in the location of the project. any provision in this Bond conllicting wilh said statutory or legal requirement shall be dcenned deleted hereliom and provisions conlbrnning to such statutory or other legal requirement shall be deemed incorporaled herein. When so furnished, the intent is that this Bond shall beconslrued as a statutory hand and not as a common law bond. Signed and scaled this 141h day of March, 2019. r / Egan Company I ' L (Principal) (Seal) mllo Liberty Mutual Insurance Company {.Surety j (Seed) By: (17rlra a ly Nicole rugcgeman,cAtt and ey-in-Fact S-0054/AS 8110 iM Surety Acknowledgment State of Minnesota } } County of _ Henn ss. in } On this 14th day of March 2019, before me personally came Kelly Nicole i3ruggeman, to me known, who being by me duly sworn, did depose and say that she is the Attorney -in -Fact of Liberty Mutual lnsurance CompAu described in and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name to it by like order. B l R E r� ' cr rtn,jnnr:dr.p� 4;,,y Jan����1' �.2U% Not Public V 4) E;2 N a 'a G [1J r_ pj O 0 w c� M! N MCD E 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. Liberty Liberty Mutual Insurance Company Mutual The Ohio Casualty Insurance Company Certificate No:8196930.190003 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the State of Now Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies', pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Nicole hanger, Blake S. Bohlig, Kcl1x Nicole Bruggeman, Brian D. Carpenter, Heather R. Goedtel, Michelle Halter, Jessica Hoff, Craig Olmstead all of the city OF Bloomington state of Minnesota each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as Surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of September , 2018 . Liberty Mutual Insurance Company %nRt•So •e�„�yr ysA4aw�o+,v WgThe sn WesttAlmericaInsurance lty rnce any Company T 2 1912 n g 1919 n a 1991 ddy •ACMaa an tinrc+" a �s 'ker�a� jai` R N By. r •y David M. Carey, Assistant Secretary b State of PENNSYLVANIA ss County of MONTGOMERY On this 28th day of SctxcmheT , 2018 before me personalty appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance a Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes = co therein contained by signing on behalf of the corporations by himself as a duty authorized officer. LLl 7 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written G 0 f ags•l� COMMONWEALTH Or PENNSYLVANIA ¢� Noranal Seal Jf� f?Q/ v C Teror, PTwp,a.Notary PuWw vv /�•L�N j Upper Mer�on Tw{r ,Montgomery County By: _ My Commission Expires March 2e 2a21 01 W erosa Pasl9ga, Notary Public 6 rd.n zw• ^e•,•n,r:.- , Assoeia6on it This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual w Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: `v ARTICLE IV— OFFICERS: Section 12 Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or theme President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety n any and all undertakings, bonds, recognizances and other surety obligations- Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall'0 cy have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such '-0C. ° instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or atomey-in-fact under the € V) provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority r d ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. 0 r Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, Fes - shall appoint such atomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizanoes and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such atomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomay of which the foregoing is a full, true and coned copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. f IN TESTIMONY WHEREOF, t hive hereunto set my hand and affixed the seats of sald Companies this day of 1Z � {� . 61 PV iHS0.0 P��Y iMgU+� , 1HSVR4 AJ `ox*a+v�� �Yr yJ c°a"u`�'� �S :�P c"pvnR'• 'fit+ AU 1912 ra 1919 a 1991 �� By: d� s+eav4 olio �3 aAMIS as rp yawku a Renee C- Llewellyn. Assistant Secretary — ei7 � *� H� * t,►� 3,y >I, �� LMS-12873 LMIC OCIC WAIC MuhR Co_062018 SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hoe Minnesota (hereinafter called Owner) and Egan Company (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: street light improvements. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2019 42nd Avenue North Street Light Improvements, City Project No. 1014 for the City of New Hope, Minnesota. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before September 27, 2019, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before November 1, 2019. 4.03 Dates for Milestones 1. Start Date: May 6, 2019 - All Work as identified on the Drawings. 2. Substantial Completion: September 27, 2019 - Includes completion of all Work. 3. Final Completion: November 1, 2019 - Ready for Final Payment. 4.04 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 AGREEMENT FORM © 2019 Stantec 1 193804214 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 $1,000 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 $1,000 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 the Total Base Bid of One Hundred Ten Thousand Five Hundred Thirty -Eight Dollars and No Cents [$1 10,538.00). 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: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General © 2019 Stantec 1 193804214 AGREEMENT FORM 005210-2 Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. AGREEMENT FORM 0 2019 Stantec 1 193804214 00 52 10 - 3 G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 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: 2019 42nd Avenue North Street Light Improvements. 7. Addenda (None). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or suppler rrenled 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 AGREEMENT FORM © 2019 Stantec 1 193804214 00 52 10 - 4 that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its 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. © 2019 Stantec 1 193804214 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 March 25, 2019 (which is the Effective Date of the Agreement). Owner: City f New Hope, Minnesota sy. Attest: Address for giving notices: CITY CLERK CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MN 55428 Designated Representative: NaVRK McDONALD TitIeCITY MANAGER AdAlso 1 XYLON AVE NO NEW HOPE MN 55428 763-531-5100 Phone. 763-531-5136 Facsimile: Contractor: �o 2-5 License No.:& taco � � z (elzc'6 (Where Applicable) Designated Representative: In r- . M A , SAN 1 Ifni NJ 1I2 , FAA Address: Phone:�� J✓ Facsimile: 3 — 5 �CQ END OF SECTION AGREEMENT FORM 0 2019 Stantec 1 193804214 00 52 10 - 6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) OWNER (Name and Address): 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 (Seal) Contractor's Name and Corporate Seal 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-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Paae 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 61 13.13 Page 2 of 3 3W 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 (Engineer or other party): EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 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): SURETY (Name, and Address of Principal Place of Business): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) Contractor's Name and Corporate Seal Signature Print Name Title Attest: Signature ME 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-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: I. 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. 00 61 13.16 Page 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Paee 3 of 3 This Page Left Blank Intentionally t i 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 A-RICAN CD-11- - E-INEEKING C[J.\I-1- ASCEAmerican Society of Civil Engineers C *� �l r GA 1 f 6�ITi 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.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.or Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703)548-3118 www.a c.or r The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 Article2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents ................................................... .... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents............................................................ 9 3.05 Reuse of Documents......................................................................................................... 10 3.06 Electronic Data................................................................................................................. 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................. 1 1 4.01 Availability of Lands......................................................................................................... 1 1 4.02 Subsurface and Physical Conditions................................................................................... 1 1 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points............................................................................................................... 14 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds.................................................................. 21 EJCDC C-700 Standard General Conditions of the Construction Contract ` Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 00 72 05 r. . 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 6.116 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 Article7 - Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site......................................................................................................... 35 7.02 Coordination.....................................................................................................................36 7.03 Legal Relationships........................................................................................................... 36 Article 8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data..................................................................................................................... 37 8.04 Pay When Due.................................................................................................................. 37 8.05 Lands and Easements; Reports and Tests........................................................................... 37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders.................................................................................................................. 37 8.08 Inspections, Tests, and Approvals..................................................................................... 37 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements.................................................................................. 38 8.12 Compliance with Safety Program....................................................................................... 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae u 00 72 05 M 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders............................................................................................... 41 10.04 Notification to Surety................................................................................ ... 42 10.05 Claims...............................................................................................................................42 Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays...............................................................................................................................48 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. All rights reserved. Page iii 11 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 Article16 — 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, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 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. i 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 I 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. Pam 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 M 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 performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereon is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work Work to be paid for on the basis of unit prices. 50. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 00 72 05 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 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 007205 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to 1 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Palle 7 of 62 00 72 05 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in 1 _ the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. I 1 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 3.05 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work maybe 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. Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 10 of 62 00 72 05 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Egan Company 7625 Boone Avenue North Brooklyn Park, MN 55428 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 SURETY (Name, and Address of Principal Place of Business): Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 CONTRACT Effective Date of Agreement:March 25, 2019 Amount: $110,538.00 Description (Name and Location): 2019 42nd Avenue North Street Light Improvements, City Project No. 1014 BOND Bond Number: 190042471 Date (Not earlier than Effective Date oj' Agreement): April 5, 2019 Amount: $110,538.00 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 Egan Company (Seal) Contractor's Name and 'ar rat Ale By: S ignature Print Name Title Attest: Wre;�r� T le SURETY Liberty Mutual Insurance Company (Seal) Surety's Name and Corporate Seal By: (At Signature (Attach Power of Attorney) Blake S. Bohlig Print Name Attorney -in -Fact Title Attest: Signature Witness Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 611313 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. Stich 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 Nee 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 A 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: Willis Towers Watson Midwest, Inc., 8400 Normandale Lake Boulevard, Suite 1700, Bloomington, MN 55437, 763-302-7170 Owner's RLc esenta€ive (Engineer or other EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 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): SURETY (Name, and Address of Principal Place of Egan Company Business): 7625 Boone Avenue North Liberty Mutual Insurance Company Brooklyn Park, MN 55428 175 Berkeley Street OWNS] 1Vame and Address): Boston, MA 02116 City of Owl Hope 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Effective Date of Agreement: March 25, 2019 Amount: $110,538.00 Description (Name and Location): 2019 42nd Avenue North Street Light Improvements, City Project No. 1014 BOND Bond Number: 190042471 Date (Not earlier than Effective Date of Agreement): April 5, 2019 Amount: $110,538.00 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 SURETY Egan Company (Seal) Contractor' ame a Corporate . 1 By: �C y Signature ez2ralam-- • �.JfAt.)3 Print Nam Af " :;� 7 c� Title A Liberty Mutual Insurance Company (Seal) Surety's Name and Corporate Seal r Signature (Attach Power4f Attorney) Blake S. Bohlig Print Name Attorney -in -Fact Title Attest: \ �Q 1 q % % (,\ Aa W,-I( Signature Witness 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 Pape 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. 00 6113.16 Paue 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant tinder 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: Willis Towers Watson Midwest, Inc., 8400 Normandale Lake Boulevard, Suite 1700, Bloomington, MN 55437, 763-302-7170 Owner's Representative (Engincer or other): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Pave 3 of 3 This Page Left Blank Intentionally Corporate Acknowledgment STATE OF Minnesota ) COUNTY OF ) ss) Onthis5th day of � April 2019 duly sworn, did say tY_he is the Egan Company , before me personally appeared To me known, who being by me �-r•�� of the corporation described in and which executed the foregoing instrument; that _he knows the seal of said corporation; that the seal is affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that _he signed his�her name thereto by like order. " uN JUUE A. FALSTAC3 Notary b Sig Notary Public Minnesota (Notary S Icyc nmww moires January 31, 2022 Acknowledtyment of Corporate Suret STATE OF Minnesota ss COUNTY OF Hennepin On this 5th day of Blake S. Bohlig before me appeared to be known, who being by me duly sworn did say that (s)he is the aforesaid Attorney -in -Fact of the Liberty Mutual Insurance Company April 2019 a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. W., KELLY NICOLE BRUGGEMAN NOTARY PUBLIC -MINNESOTA j Notary Public Sign e Commission Number:31076676 (Notary Seal) My Commission ExpiresJanuary31,2021 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. Liberty Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Certificate No:8196930-190003 Mutual. West American insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company Is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana (herein collectively called the "Companissl, pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Nicole tan cr, Blakc S. Bohli , KOIX Nicole Bruggeman, Brian D. Ca enter, lieathcr R. Goedrel, LMichelle llaltcr, Jessica Iloff, Craig Olmstead all of the city of _ Bloomington state of Minnesota each individually it there be more than one named, its true and lawful atlorneyin-Tact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and a undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attesled by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of September , 2018 Liberty Mutual Insurance Company u 4�ym QJ3VJ nPeuS c z� o Ns f� to The Ohio CasualtyInsuranceCompany o pa pony Qa p Rvn RL West American Insurance Com n 1912y to o 0 1919 M 1991 '8q W O 4 � �J y Y;)7y8a�CX�b�da yO ry�r�YPg �� YS •NOIAN� ,aa rrcrsr U) By: cn David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ss a) On this 28d, day aT_ September , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o 1cc 82 Company, The Ohio Casually Company, and We American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes —� m > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. cow IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Q fay p, PAS,_ QO O N Q<-; pl�ly� t�! COMMONWEALTH OF PENNSYLVANIA �,y y Notarial Seal Dr Teresa Paslella, Notary Public O C pj O I L 4D CUpper Marion Twp ,Montgomery County By; a.Q-fir/ lC My Commission Expires March 28, 2021 E ai �LN Member, PommyWnlaAS&Xiallanof Nolaries Teresa Pastella, Notary Publi( o m 07 Ar{y Ill O y O QCn m This Power of Altomey is made and executed pursuant to and by authority of the fallowing By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance w ,c Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ¢ 4? ARTICLE IV — OFFICERS: Section 12. Power of Attorney, �^ o [° Any officer or other official of the Corporation aulhorized for that purpose In writing by the Chairman or the President, and subject to such limitation as the Chairman or the President a w may prescribe, shall appoint such altomeys-in-facl, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all 1 @ undertakings, bonds, reoognizances and other surety obligations. Such atomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full y.T power to bind the Corporation by their sign alure and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Instruments shall cN 6 1= be as binding as if signed by the President and attested le by the Secretary. Any power or authority granted to any representative or attorneyin-fact under the provisions of this oo Z article may be revoked at any time by the Hoard, The Chairman, the Presfdent or by the officer or officers granting such power or authority. M s~ � cD ARTICLE Xfll - Execution of Contracts: Section 5. Surety Bonds and Underiatdngs. sop Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such fimitakons as the chairman or Iha president may prescribe, H co shall appoint such altomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as binding as if signed by the president and altested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- facl as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connecllon with surety bonds, shall be valid and binding upon the Company with the some force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Altomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 5th day of April 2019 . 1Nst7q� �qI INg� IHSIIq A, �C VkF0q, d •��j Q =caRp f� n ¢`V 3fapPeipR��'tn X 1912 n r r o O 1919 r, 2 1991 n ra���T c*ug �dL SO HAMP6'� a'�� Ys� o,nN��aa� By Renee C. Llewellyn. Assistant Secretary LMS-12073 LMIC OCIC WAIC Multi Co 062018 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 t 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. t- B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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, i 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 i 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 i 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. j 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. Paue 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. Paue 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 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 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 perfornance 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 Est 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 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 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. Paee 16 of 62 00 72 05 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 00 72 05 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 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. Pape 19 of 62 00 72 05 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 20 of 62 00 72 05 0 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. 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 as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall snake 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 substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 7205 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may. have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions or 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 f 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 1 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 ' • Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract 1 ' Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 00 72 05 a.. 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. Paee 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. a 1 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 00 72 05 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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; 1 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 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. B. Contractor shall afford each other contractor who is a party to such a direct contract, each ► utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the ' Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 00 72 05 l-� 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. Paee 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. Pap 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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 f 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 1 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. Paee 39 of 62 00 72 05 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 41 of 62 0072 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. 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 Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 1 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 43 of 62 00 72 05 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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 11.0I.A. I or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 1 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 L _ shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A 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 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.0l .B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.A.1 and 11.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shallbe five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.0l.A.5, and 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 £ when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 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 within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work 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.D below; 1. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 00 72 05 i. s 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. 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 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 00 72 05 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not 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 1 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 belie£ 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 00 72 05 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. 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 Dace: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or 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. Paee 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. Paue 57 of 62 00 72 05 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; 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 completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. i'rige 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 5.0I.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. Paue 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. Page 62 of 62 00 72 05 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 62 00 72 05 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.44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when the following have been completed: All light pole, conduit and wiring, and restoration. 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-4.02 Delete Paragraphs 4.02.A and 4.02.E in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. SUPPLEMENTARY CONDITIONS © 2019 Stantec 1 193804214 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. 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.B.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 © 2019 Stantec 1 193804214 SUPPLEMENTARY CONDITIONS 007305-2 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.7 Add the following new items immediately after Item 5.06.A7: 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. Comply with the requirements of Paragraph 5.06C of the General Conditions. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.06.G 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." © 2019 Stantec 1 193804214 SUPPLEMENTARY CONDITIONS 007305-3 SC-6.17.E Add the following new paragraphs immediately after Paragraph 6.17.E: 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 10 - CHANGES IN THE WORK; CLAIMS SC-10.05.13 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 1.03 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 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 "three years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC-16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC-16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SUPPLEMENTARY CONDITIONS © 2019 Stantec 1 193804214 00 73 05 - 4 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 statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. 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. 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. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION © 2019 Stantec 1 193804214 SUPPLEMENTARY CONDITIONS 007305-5 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: 2019 42nd Avenue North Street Light Improvements for the City of New Hope, Minnesota, City Project No. 1014. B. Description of Work: Street lighting improvements including existing street light removal, new street light installation, conduit and wiring, and restoration. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction are not shown on the Drawings. All facilities and materials shall be removed upon completion of Work. 2. Keep existing driveways and entrances clear and available to the public and to the Owner. 3. If additional space is needed, obtain and pay for such space off Site. B. Construction Hours: Contractor must abide by the following hours per City ordinance: 1. Monday through Friday: 7 A.M. to 8 P.M. 2. Saturday: 9 A.M. to 6 P.M. 3. No work on Sundays or Holidays. SUMMARY © 2019 Stantec 1 193804214 01 10 00 - 1 PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2019 Stantec 1 193804214 01 10 00 - 2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART] GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Format 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. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2019 Stantec 1 193804214 01 20 00 - 1 This Page Left Blank Intentionally SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total 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, Hennepin County. 4. Electrical: Owner, Xcel Energy. 5. Traffic Signals: Hennepin County, Owner. 6. Gas: CenterPoint Energy 7. Telephone/Cable/Fiber: Comcast, Sprint, Centuryl-ink, Access Communications, Arvig, Rogers Communications, AT&T, Zayo, Others. 1.04 PERMITS Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner. a. Hennepin County 1) Contractor shall prepare traffic control plans for review and approval by County. Apply for, obtain, and comply with he provisions of the following permits, which the Owner will waive the permit application fee: a. City Building Permit. 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 measurements, and observation of Work. © 2019 Stantec 1 193804214 PROJECT MANAGEMENT AND COORDINATION 01 31 00-1 1.06 PROJECT MEETINGS A. Administrative Requirements l . 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. 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 1. The Owner is extremely sensitive to the inconvenience each property owner may experience during this Project. Scheduling of Work, maintenance of traffic, and full access to each street and driveway are critical to the success of the Project. 2. Notification to businesses of Work directly affecting their property, or access to their property, is required for all situations. It is the responsibility of the Contractor to ensure that all affected persons or businesses are aware of any temporary access restrictions. 3. Any additional costs associated with cold weather concrete curing will be the responsibility of the Contractor. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION © 2019 Stantec 1 193804214 PROJECT MANAGEMENT AND COORDINATION 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 11 inch 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. Provide space for revisions and notations. 3. Identify interrelations between activities. 4. 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. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24-hour on -call contacts for the Project. This list shall include the Contractor's SUBMITTAL PROCEDURES © 2019 Stantec 1193804214 01 33 00 - 1 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 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.04 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 © 2019 Stantec 1193804214 01 33 00 - 2 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 Paymen f 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," 2018 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. 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. QUALITY REQUIREMENTS © 2019 Stantec 1 193804214 014 00 - 1 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. 1.11 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start-up of equipment; and test, adjust, and balance of equipment. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION © 2019 Stantec 1 193804214 QUALITY REQUIREMENTS 01 4000-2 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. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . 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. 2. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer. c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Traffic Control 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 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," 2018 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 © 2019 Stantec 1 193804214 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 and/or lanes closed or restricted during any stage of construction. 3. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 01 33 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 CONSTRUCTION FACILITIES A. Sanitary Facilities l . Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.03 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 © 2019 Stantec 1 193804214 TEMPORARY FACILITIES AND CONTROLS 01 50 00 - 2 stored within 30 feet of thru 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. A minimum width of 11 feet should be maintained for all travel lanes through the duration of the Project. 6. All roadways adjacent to the project must remain open to traffic at all times. Construction Staging Plan l . Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept, reject, or suggest alterations to the plans. These plans shall reflect the following conditions: a. The Contractor may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without approval of the Engineer. b. Provide access for emergency vehicles and busses to all residences at all times. c. All necessary signing shall be provided by the Contractor and coordinated by the Contractor with the City of New Hope. d. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. e. Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light l . All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360-Degree Rotating Lights - SAE Specification J845. b. Flashing Lights - SAE Specification J595. c. Flashing Strobe Lights - SAE Specification J 1318. D. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short-term" lane closure or traffic restriction shall be one that is in -place only during the Contractor's work hours. b. Temporary "short-term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer and Hennepin County. Requests for "short-term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. E. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MnMUTCD. Any discrepancy between the actual devices in TEMPORARY FACILITIES AND CONTROLS © 2019 Stantec 1 193804214 01 50 00 - 3 use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. 3. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. 4. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic, natural causes, or when requested by Engineer. F. Failure to Complete The Work On Time 1. The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non-compliance charges, for each incident, will be assessed at a rate of $250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. END OF SECTION TEMPORARY FACILITIES AND CONTROLS © 2019 Stantec 1 193804214 01 50 00 - 4 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 32 92 00 - Turf and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Items have been provided for temporary measures to control soil erosion and sedimentation. 2. All 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," 2018 Edition (MnDOT Spec.) 1. 2130 - Application of Water for Dust Control. 2. 2573 - Storm Water Management. 3. 2575 - Establishing Turf and Controlling Erosion. B. MPCA's NPDES General Stormwater Permit for Construction Activity. 1.04 SUBMITTALS A. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2C and submitted each week that construction is active. 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. TEMPORARY EROSION AND SEDIMENT CONTROL © 2019 Stantec 1 193804214 01 57 13 - 1 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector/Installer Certification program, or approved equal. 1.06 PERMITS A. Project does not disturb 1 or more acres of total land area and is not part of a larger common plan of development or sale that will ultimately disturb 1 or more acres. Submission of the application for the MPCA's General Stormwater Permit for Construction Activity is not required. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. E. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor 1. When the Contractor fails to conduct the quality control program, does not conduct the inspection required in the NPDES permit, or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a $2,000 per calendar day deduction for noncompliance. G. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. © 2019 Stantec 1 193804214 TEMPORARY EROSION AND SEDIMENT CONTROL 01 5713-2 PART 2 PRODUCTS 2.01 MULCH: Conform to MnDOT Spec. 3882. A. Type 1, clean grain straw only. Project specific, refer to MnDOT Spec. for options. B. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of the Engineer. 2.02 HYDRAULIC EROSION CONTROL PRODUCTS A. Conform to MnDOT Spec. 3884. B. Type Hydraulic Mulch C. Type Bonded Fiber Matric (BFM), 100-percent wood fiber mulch. 2.03 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. 2.04 SEDIMENT CONTROL LOGS: Conform to MnDOT Spec. 3897. A. Straw or wood fiber biorolls, 6 to 7 inches in diameter. B. Compost or rock logs, 6 to 8 inches in diameter. 2.05 TEMPORARY SEED A. Conform to Section 32 92 00. B. General - Sizing, configuration, capacity, and selection of dewatering sediment capture techniques shall be based on Site and flow conditions. The Contractor shall submit the means and methods for review by the Engineer. Sizing of the sediment capture systems will have to be adjusted such that the ultimate discharge water is not visibly different from the receiving water. 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. TEMPORARY EROSION AND SEDIMENT CONTROL © 2019 Stantec 1 193804214 01 57 13 - 3 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. Mulch 1. For seeded Sites, apply at a rate of 2 tons per acre (4,500 kg/ha). 2. For unseeded Sites, apply at a rate of 2 to 3 tons per acre (4,500 to 6,700 kg/ha), covering the entire soil surface. 3. Distribute mulch evenly by hand or machine and cover the exposed area to a uniform depth. 4. Disk anchor in conformance to MnDOT Sect. 2575.3.D. 5. Anchor mulch immediately to minimize loss by wind or water. D. 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. E. Slope (Cat) Tracking 1. Slope tracking consists of operating a dozer up and down slopes so that the cleats of the tracks create grooves perpendicular to the slope. By operating the dozer up and down, the soil surface is firmed and miniature interceptor checks are created. 2. Required on all slopes equal to or steeper than 3:1 (H:V). Erosion Control Blanket 1. Install immediately following seeding in accordance with MnDOT Spec. 2575.3.G, and as modified below. 2. Install as shown on Drawings. 3. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. 4. Install blanket parallel to the direction of flow. 5. 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 one-time proper installation is acceptable. G. 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. TEMPORARY EROSION AND SEDIMENT CONTROL © 2019 Stantec 1 193804214 01 57 13 - 4 0 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, NPDES permit, and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non- functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding/mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re-established several times throughout the duration of the Work. b. Flotation 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 flotation 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 © 2019 Stantec 1193804214 TEMPORARY EROSION AND SEDIMENT CONTROL 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 1. A Bid Item has been provided for Street Sweeper (With Pickup Broom). Measurement will be by the units of hours that sweeper is operating 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: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Final Application for Payment, including accompanying documentation. 6. 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 © 2019 Stantec 1 193804214 01 70 00 - 1 C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. 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. 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. 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 CUTTING AND PATCHING A. Patch defective and incomplete surfaces caused or exposed by Work of the Project. B. Repair any damage to existing conditions and patch to match. C. 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. 3.05 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.revenuestate.mn.us, or via email at withholding.tax2state.mmus. END OF SECTION © 2019 Stantec 1 193804214 EXECUTION REQUIREMENTS 01 7000-2 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. Division SL -Special Provisions for Lighting Construction. 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 and disposal. 2. Measurement will be based upon the units as listed below for items removed, 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 Lighting Unit: See Division SL. b. Salvage Existing Sign: Measurement will be by each sign salvaged and returned to New Hope Public Works, regardless of size. This Bid item is for signs in Part 1 attached to existing light poles being removed and replaced with a new light pole and for Part 2 for existing signs located at or near the new light and base location as shown in the Drawings. Payment shall include all equipment and labor necessary to salvage sign from existing light pole and/or existing post from the locations as shown on the Drawings and delivering to New Hope Public Works. 1) Removal of existing sign post and base is considered incidental to the Bid Item. c. Remove Concrete Walk: Per square foot without regard to thickness, color, or concrete type. a) Excavation, removal, and disposal of existing aggregate base shall be incidental. b) Sawcutting shall be incidental. 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," 2018 Edition (MnDOT Spec.) 1. 2104 - Removing Pavement and Miscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. © 2019 Stantec 1 193804214 SELECTIVE SITE DEMOLITION 0241 13-1 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. E. Fill holes resulting from removals. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. SELECTIVE SITE DEMOLITION © 2019 Stantec 1 193804214 0241 13 - 2 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. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 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. 3.05 REMOVE CONCRETE SURFACING A. Work includes sidewalks. B. Saw cut concrete surfacing prior to removal. C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. When removing existing sidewalks, the Contractor shall not disturb any material beyond the limits required for new construction (assumed as b inches maximum beyond and 8 inches maximum below existing grade). E. Remove existing base material as necessary to accommodate new concrete walk section, or restoration depth. F. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. © 2019 Stantec 1 193804214 SELECTIVE SITE DEMOLITION 0241 13-3 3.06 SALVAGE AND REINSTALL A. Salvage operations conform to MnDOT section 2104.3.B. Signs 1. In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made for a temporary installation or its disposition a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exercise reasonable care against damage to in -place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs. 3.07 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. 3.08 DISPOSING OF MATERIAL A. Conform to MnDOT section 2104.3.D. B. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION © 2019 Stantec 1193804214 SELECTIVE SITE DEMOLITION 0241 13-4 SECTION 32 92 00 TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction areas by installation of topsoil, seed, soil amendments, and erosion control blanket. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Erosion Control Blanket and Seed. Measurement will be based upon units of square yards for each type of blanket installed in place as specified. Payment includes salvaging and grading existing topsoil, soil amendments, furnishing and installing seed and erosion control blanket, preparation of surface maintenance, watering for turf establishment, and all incidental items associated with the Work. a. The area for restoration is expected to be minimal, and only located primarily within the project limits between Xylon Avenue and Winnetka Avenue, as identified on the Drawings. b. All turfed disturbances by the Contractor shall be restricted to within the easements and Right-of-way as shown in the Drawings. 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," 2018 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2014 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00. B. Product Data: Provide nursery source and invoice for seed to be purchased for this Project- C. Qualifications l . Nursery: Company specializing in growing and cultivating the specified native seed mixes with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in seeding the specified plants with a minimum of 3- years documented experience as represented by a list of completed past projects. D. Producer's Certificate of Compliance - Written document verifying compliance of mixture of seed furnished. Submit to the Engineer 5 days prior to delivery. Include percentage of © 2019 Stantec 1 193804214 1 TURF AND GRASSES 329200-1 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. E. Fertilizer manufacturer's certificate of compliance. Written document verifying compliance with fertilizer specified. F. 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. 1. Seeding - At the conclusion of the establishment period, which will be 1 year following initial installation, a final inspection of planting will be made to determine the conditions of areas specified for seeding (for March and April Plantings the evaluation will be made the following May). All areas with insufficient plant establishment as determined by the Engineer will be noted. This material shall be re -supplied and planted in the next growing season at no additional cost to the Owner. Evaluation of plantings shall be done in accordance with Early Maintenance and Evaluation of Plantings, 2014 MnDOT Seeding Manual, and with MnDOT Spec. 2575.3. 1.06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. B. "Pick rocks" from topsoil that are larger than 1 inch in diameter. C. All topsoil shall be approved by the Engineer prior to seeding and sodding. PART 2 PRODUCTS 2.01 TOPSOIL: CONFORM TO MNDOT SPEC. 3877.213 LOAM TOPSOIL BORROW. A. Additional topsoil, if required by the Engineer, shall be screened and pulverized. B. Provide minimum depth of 6-inches topsoil borrow. 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. © 2019 Stantec 1 193804214 TURF AND GRASSES 329200-2 2.03 SEED: CONFORM TO MNDOT SPEC. 3876. A. Commercial Lawns: Conform to MnDOT Mixture 25-131 . 2.04 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885: Category 0, Type 1 S. 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. Review areas where landscaping repair is required with the Engineer. C. 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. D. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect sod from drying out and seed from contamination. B. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2574. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2574.3D 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.). 2. The fertilizer used shall be a commercial grade slow release complete fertilizer. 3. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. Table 2575-1 for the mixes specified. © 2019 Stantec 1193804214 TURF AND GRASSES 329200-3 B. Seeding Preparation and Application: Conform to MnDOT Spec. 2574 for the mixes specified. C. Seeding Rates: Conform to MnDOT Spec 2575.3 and Table 1 in the 2014 MnDOT Seeding Manual, except as modified herein: 1. For 25-131 seed mix, apply seed at a rate of 275 lbs. per acre. D. Sowing Seed: Conform to MnDOT Spec. 2575.3. 1. Winter and Summer: At the approval of the Engineer. 2. Deviations in planting schedule from MnDOT Spec 2575.3.A will be at the approval of the Engineer. 3.05 TOPSOIL A. Restore existing topsoil subgrade. B. Surface of topsoil shall match into existing grades. C. Place topsoil so as not to compact underlying soils. Do not compact topsoil. 3.05 TURF ESTABLISHMENT A. Water seeded areas as necessary during the establishment period to provide establishment of turf over 90 percent per each square foot of seeded areas. 3.07 MAINTENANCE A. Maintain restored areas in accordance with MnDOT Spec. 2575.3K and in accordance with the 2014 MnDOT Seeding Manual. Contractor is responsible for all maintenance activities as required to ensure proper seed growth, including but not limited 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. Seed maintenance shall be done in conformance with the 2014 MnDOT Seeding Manual - Maintenance Requirements for year 1. D. 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. 3.08 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of planting(s) will be made to determine the conditions of areas specified for landscaping. TURF AND GRASSES © 2019 Stantec 1 193804214 32 92 00 - 4 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 © 2019 Stantec 1 193804214 32 92 00 - 5 This Page Left Blank Intentionally INDEX TO SPECIAL PROVISIONS DIVISION SL SL-1 (2104) REMOVING MISCELLANEOUS STRUCTURES...........................................SL-1 SL-2 (2545) ELECTRIC LIGHTING SYSTEM......................................................................SL-2 I hereby certify that the Special Provisions for lighting construction (Division SL) contained in this proposal were 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. Michael T. FitzPatrick, P.:. License #53078 Date: February 22, 2019 DIVISION SL TABLE OF CONTENTS SL-1 (2104) REMOVING MISCELLANEOUS STRUCTURES ..................................... 2-SL SL-1.1 DESCRIPTION.............................................................................................. 2-SL SL-1.2 MATERIALS................................................................................................... 2SL SL-1.3 CONSTRUCTION REQUIREMENTS........................................................ 2-SL RemoveLighting Unit......................................................................................... 2-SL SL-2 (2545) ELECTRIC LIGHTING SYSTEM................................................................ 3-SL SL-2.1 GENERAL...................................................................................................... 3-SL AsBuilt Plans....................................................................................................... 3-SL SL-2.2 MATERIALS..................................................................................................3-SL ShopDrawings.....................................................................................................3-SL Conduit................................................................................................................. 3-SL Light Foundation, Design E-Modified............................................................... 4-SL LuminaireWire Holder...................................................................................... 4-SL Lighting Unit Type Special (16' Tall)................................................................4-SL Lighting Unit Type Special 1 (12' Tall).............................................................5-SL Bollard.................................................................................................................. 6-SL SL-2.3 CONSTRUCTION REQUIREMENTS........................................................6-SL LightFoundation Installation Requirements................................................... 6-SL ConduitInstallation............................................................................................. 6-SL LightStandard Installation................................................................................ 7-SL Wiring in Light Standard Concrete Foundations.............................................7-SL SL-2.4 MEASUREMENT AND PAYMENT PROCEDURES...............................8-SL Priceand Payment Procedures.......................................................................... 8-SL 1-SL DIVISION SL SL-1 (2104) REMOVING MISCELLANEOUS STRUCTURES SL-1.1 DESCRIPTION This work consists of removing or salvaging miscellaneous structures in accordance with the provisions of MnDOT 2104 and the following: SL-1.2 MATERIALS None SL-1.3 CONSTRUCTION REQUIREMENTS A. Remove Lighting Unit Item 2104.509 (Remove Lighting Unit) consists of removing the lighting units as indicated in the Plan. Disconnect all circuit wiring to the removed lighting units from any lighting units remaining in place. Removed lighting units are the property of the contractor. Dispose of in accordance with 2104.3C. 2-SL SL-2 (2545) ELECTRIC LIGHTING SYSTEM This work consists of providing labor, equipment, and materials for construction of a lighting system in accordance with the applicable provisions of MnDOT 2471, MnDOT 2545, current edition of the National Electrical Code, Plans, and the following: SL-2.1 GENERAL A. As Built Plans The Contractor shall furnish "as built Plans" that contain any changes in the following: Cable location Conduit locations Light pole locations Feedpoint locations Handhole location Any discrepancy or additions between the final plan and how the lighting system was actually built must be indicated on the "as built plan". The "as built Plans" shall be in a form that is satisfactory to the Engineer. The Contractor furnished "as built Plans" shall be considered incidental work. SL-2.2 MATERIALS A. Shop Drawings The contractor shall provide shop drawings for all materials. B. Conduit The Contractor shall furnish and install non-metallic conduit (N.M.C.) at the locations indicated in the Plans. The size of the conduit shall be as indicated in the Plan. All conduits shall be in accordance with the following: Non -Metallic Conduit: Shall be in accordance with MnDOT 3803, except as follows: Rigid Nonmetallic conduit and fittings EPC-40-PVC. Sunlight resistant. NEMA TC2. NFPA 70, Article 352. UL Listed. Manufacturer: Carlon, CertainTeed, or equal. High Density Polyethylene conduit (HDPE) Meets requirements of NFPA70. 3-SL Thermoplastic polymer material. Smooth interior and smooth exterior wall. UL listed. NEMA —TC-7. Manufacturer: Carlon or equal. C. Light Foundation, Design E-Modified Provide and install a Concrete Light Foundation, Design E-Modified, in accordance with MnDOT 2545.317 with modifications as shown in the concrete base detail located on the Drawings, at the locations indicated on the Drawings. D. Luminaire Wire Holder The Contractor shall furnish and install a wire holder that supports the luminaire cable/conductors within the end of the luminaire slipfitter near the connection point of the luminaire. MnDOT approved Wire Holders are listed on the MnDOT Approved/Qualified Products Lists WEB site for Lighting: http://www.dot.state.mn.us/products/index.html E. Lighting Unit Type Special (16' Tall) Lighting Unit Type Special shall be furnished by owner and installed by contractor, including installation of the banner arms. Lighting Unit shall be as follows: Luminaire shall be a post top acorn fixture with the following features Traditional acorn shaped luminaire. Borosilicate glass refractor and top reflector with an IES type III distribution. Cas aluminum housing with stainless steel spring clips. Polyester power painted bronze finish. 7500 lm at 60W with P30 option. 4000 K CCT. Auto Sensing voltage (120 V Thru 277 V). Modern style swing open design housing. Ribs and band trim. Standard finial. Full cover. Holophane Granville II LED Utility Premier Utility Series: GPD2 P30 40K AS M BZ 3 R S BZ C. The pole shall be an aluminum pole with the following features One piece aluminum pole with classic tapered and fluted base. Dimensions as shown on the drawings (16 foot tall). L-type anchor bolts shall be provided. Pole shaft shall be the SiteLink style pole with mounting channels. j 4-SL Base shall be 16 inch round. Finish shall match luminaire. Finish shall match the luminaire and pole. Light poles to include banner arms as shown on the drawings. Holophane Charleston: CHA 16 L5J 16 P07 LAB BZ R(XX)*A FGIUS-SBZH. (XX)* _ Refer to drawings for receptacle height (no receptacles provided with these lights). Banner Arms: Holophane 4BA24 H 1 BO EB/BO CA/BZ. Install banner arms per manufacturers recommendations. Coordinate and provide anchor bolts as required per manufacturers recommendations. All pole installations shall be capable of withstanding the forces produced by 90-mph winds with a 1.3-gust factor and the total number of luminaires and additional equipment required per pole including but not limited to luminaires, banners, signs as shown on the drawings. F. Lighting Unit Type Special 1 (12' Tall) Lighting Unit Type Special 1 shall be furnished by owner and installed by contractor, including installation of the banner arms. Lighting Unit shall be as follows: Luminaire shall be a post top acorn fixture with the following features Traditional acorn shaped luminaire. Borosilicate glass refractor and top reflector with an IES type III distribution. Cas aluminum housing with stainless steel spring clips. Polyester power painted bronze finish. 7500 Im at 60W with P30 option. 4000 K CCT. Auto Sensing voltage (120 V Thru 277 V). Modern style swing open design housing. Ribs and band trim. Standard finial. Full cover. Holophane Granville Premier II LED (GPD) Series: GPD 80 4K AS M Z 3 R S Z FCVR Z. The pole shall be an aluminum pole with the following features One piece aluminum pole with classic tapered and fluted base. Dimensions as shown on the drawings (12 foot tall). L-type anchor bolts shall be provided. Cast aluminum straight pole. Base shall be 12 inch round. Finish shall match luminaire. Finish shall match the luminaire and pole. Light poles to include banner arms as shown on the drawings. Holophane Charleston: CHA 12 L5J 16 P07 LAB BZ R(XX)*A FGIUS-SBZH. (XX)* _ 5-SL Refer to drawings for receptacle height (no receptacles provided with these lights). Banner Arms: Holophane 4BA24 H 1 BO EB/BO CA/BZ. Install banner arms per manufacturers recommendations. Coordinate and provide anchor bolts as required per manufacturers recommendation, and as required to match the existing bolt circle. All pole installations shall be capable of withstanding the forces produced by 90-mph winds with a 1.3-gust factor and the total number of luminaires and additional equipment required per pole including but not limited to luminaires, banners, signs as shown on the drawings. G. Bollard The bollard shall be furnished and installed by the contractor. Bollard shall be as follows: Outdoor LED Bollard LED, 1535 Lumens, 3000K, 70CRI Di Cast Aluminaum hood, round shaped with dome top of louvers LED Driver 120-277V, 108 Watt Type 5 symmetrial distribution Tempered Glass Lens UL listed IP66 Finish shall be selected during shop drawings from standard finishes. Hydrel: 3110C-H36-8COB-30K-MVOLT-SYM, or Pre -Approved Equal. H. Handholes Precast concrete box and cover or fiber reinforced polyester box and polymer concrete cover. Covers and boxes design/test load rating (lbs): 22,500/33,750 — ANSI Tier 22 Minimum of 2 stainless steel bolts to secure cover to the box. Sized as Required Per Code: Minimum Size: 12 inches wide, 12 inches long, and 12 inches deep unless noted on the drawings. Color of cover to match sidewalk concrete of which it is installed. SL-2.3 CONSTRUCTION REQUIREMENTS A. Light Foundation Installation Requirements Install Light Foundations where shown on the Drawings and in accordance with details as shown on the Drawings. B. Conduit Installation Conduit shall be installed in accordance with MnDOT 2565.30, except as follows: Continuous Type HDPE Nan -Metallic Conduit_ 6-SL Except for under existing pavements, underground Continuous Type HDPE Conduit shall be placed by trenching, stitching, plowing, or other method approved by the Engineer. Under existing pavements, Continuous Type HDPE Non -Metallic Conduit shall be placed as specified in 2565.3D2b. Rigid Nan -Metallic Conduit Joints: The Contractor shall install appropriate sized long line couplings when installed under existing roadway surfaces. The applied PVC joint cement shall be allowed to set-up for six (6) hours before pulling the conduit through a directional bored channel. C. Light Standard Installation The Contractor shall install light standards in accordance with MnDOT 2545.3H and as follows: The Contractor shall use only shims for leveling when installing aluminum light standards on light standard foundations. a. Assemble the lighting unit in accordance with the manufacturer's requirements. b. Make certain that the holddown and connecting washers are installed in their proper locations. 2. The Contractor shall use only leveling nuts when installing stainless steel light standards on light standard foundations. 3. Where leveling nuts are used, the leveling and top nuts shall both be securely tightened against the light standard base plate. Where shims are used the top nuts shall be securely tightened against the light standard base plate. The leveling nuts and top nuts shall be tightened as follows: The threads of the nuts shall be lubricated with a brush on anti -seize lubricant and then the nuts shall be torqued to minimum 125 ft-lbs. required for 1-inch diameter anchorages. The threads of the nuts shall be lubricated with a brush on anti -seize lubricant and then the nuts shall be torqued to minimum 240 ft-lbs. required for 1-inch diameter anchorages. D. Wiring in Light Standard Concrete Foundations The Contractor shall install conduits in light standard concrete foundations in accordance with the provisions of MnDOT 2545.3G. Approximately 2 feet of slack cable shall be left in each light standard 7-SL base. SL-2.4 MEASUREMENT AND PAYMENT PROCEDURES A. Price and Payment Procedures 1. Base Bid: Part 1 — Louisiana Ave to Winnetka Ave: Measurement will be based upon the units as listed below for items provided, 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 Lighting Unit: Per Each b. Furnish and Install Lighted Bollard: Per Each c. Install Lighting Unit Type Special 1 (12' Tall): Per Each d. Install Lighting Unit Type Special (16' Tall): Per Each e. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 2. Base Bid: Part 2—Winnetka Ave to Xylon Ave: Measurement will be based upon the units as listed below for items provided, 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. 1.5" Non-metallic Conduit - Trenched: Per Linear Foot b. 1.5" Non-metallic Conduit — Directionally Drilled: Per Linear Foot c. Underground Wire 1 Cond No 4: Per Linear Foot d. Light Foundation Design E-Modified: Per Each e. Install Lighting Unit Type Special (16' Tall): Per Each f. Handhole: Per Each g. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 8-SL This Page Left Blank Intentionally Page 1 of 2 CERTIFICATE OF LIABILITY INSURANCE DATE04/08/2019 � /2019 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 endorsements).__ PRODUCER CONTACT NAME: Willis Towers Watson Midwest, Inc. fka Willis of Minnesota, Inc. PHONE 1-877-945-7378 FAX 1-888-467-2378 c/o 26 Century Blvd h1Q.F3Si' Q: P.O. Box 305191 6g1A1L certificates@willis.com _ADDRESS: Nashville, TN 372305191 USA INSUR S AFFORDING COVERAGE NAIL # 1143URERA, Travelers Indemnity Company of America 25666 INSURED INSURERB: Charter Oak Fire Insurance Company 25615 Egan Company 7625 Boone Avenue North INSURERC: Aspen Specialty Insurance Company 10717 Brooklyn Park, MN 55428 INSURER D: Travelers Property Casualty Company of Ame 25674 INSURER F : COVERAGES rFRTIPhrATF NIIMRFR• W10857883 OF\/ICIANI NIil"011=1D• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SU POLICY EFF POLICY EXP T POLICY NUMBER LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE u OCCUR DAMAGE T' PREMISES a occurrence $ 500, 000 A MED EXP JApy one person) $ 10,000 Y VTC2HCO-5A040111-18 07/01/2018 07/01/2019 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JC LJ LOC PRODUCTS - COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY OMBBBIINED SINGLE LIMIT (EaX $ 2,000,000 BODILY INJURY (Per person) $ ANY AUTO B OWNED SCHEDULED AUTOS ONLYAUTOS Y VTHCAP-5A040123-18 07/01/2018 07/01/2019 BODILY INJURY (Per accident) $ HIRED NON -OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY (der_ epcj g C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 FJEXCESS AGGREGATE $ 1,000,000 LIA CLAIMS -MADE Y CX003T118 07/01/2018 07/01/2019 DED RETENTION $ $ WORKERS COMPENSATION X TH- pT OER AND EMPLOYERS' LIABILITY Y! N .g E E.L. EACH ACCIDENT $ 1,000,000 A ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUE No NIA VTC2HUB-7B864674-18 07/01/2018 07/01/201, E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000: DESCRIPTION OF OPERATIONS below D Workers Compensation & VTRJUB-3J917650-18 07/01/2018 07/01/2019 Each Accident $1,000,000 Employers Liability - WI Retro Disease -policy limit $1,000,000 Per Statute Disease -each employee i$1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: 2019 42nd Avenue North Street Light Improvements City Project no. 1014 Project no. 193804214 - New Hope, MN City of New Hope, Owner and Engineer; and any other individuals or entities identified in the supplementary conditions; respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of all such are included as Additional Insureds as respects to General Liability, Auto Liability and CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of New Hope -Minnesota AUTHORIZED REPRESENTATIVE 4401 Xylon Avenue North New Hope, MN 55428 �1. �b ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SR ID: 17773997 BATCH: 1146231 AGENCY CUSTOMER ID: LOC #: AC`ORf> ADDITIONAL REMARKS SCHEDULE AGENCY Willis Towers Watson Midwest, Inc. fka Willis of Minnesota, Inc POLICY NUMBER See Page 1 CARRIER See Page 1 ADDITIONAL REMARKS NAMED INSURED Egan Company 7625 Boone Avenue North Brooklyn Park, MN 55428 NAIC CODE See Page 1 EFFECTIVE DATE: See Page 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Umbrella/Excess Liability Liability where required by written contract, agreement, or permit. Page 2 of 2 Such insurance as is afforded to Additional Insureds shall be Primary and Non -Contributory with any other insurance available to Additional Insureds as required by contract (including completed work). Waiver of Subrogation applies in favor of the Owner and Contractor, each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them; Subcontractor and Engineer and all 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 with respects to General Liability as required by contract or agreement executed prior to loss. Waiver of Subrogation applies in favor of the Owner and Contractor, each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them; Subcontractor and Engineer and all 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 with respects to Auto Liability and Umbrella/Excess Liability as required by contract, agreement or permit. Waiver of Subrogation applies in favor of the Owner and Contractor, each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them; Subcontractor and Engineer and all 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 with respects to Workers Compensation as required by written contract and as permitted by law. ACUKU 101 (2003/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 17773997 HATCH: 1146231 CERT: WIDA57883 POLICY NUMHCR-VTHCAP-5AO40123-18 ISSUE DATE; 7-01-2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US 1'his ondormmenl modifles insurance provided under the following! ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGM IZATIOX TO WHOM YOU HAVE AGRI = IN A WRITTEN COl,1TAACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IFe 1, YOU SEND US A WR17TM REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THU 14AME AND ADDRESS OF SUCH PERSON OR ORGANIZATION; AFTER THE FIRST MANED INJURED R&CEIVAS NOTICE FROM US OF THE CAYAMLATION OF IRIS POLICY, AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS MORE THE BEGINNING OF THE APPLICABLE NMER OF DAYS SHOWN IN TRIO ENDORS$1K81'1T. ADDRESS: THE ArTIRBSS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: If we cancel this policy for any stalutorily permitted above_ We wMI mail such notice to the address stiown reason other than nonpayment of premium, and a In the schedule above at leaat the number of days number of days is shown for cancellation In the shown for cancellation in the schedule above before schedule above, we will mail notice of cancellation to the etiective date of eancellaUan. the person or organization shown in the schedule IL T4 06 03 11 02011 Me Trawleta Iiviamaty Canpany. All rights re-aurwid Page 1 (if 1 POLICY NUM8ER:VTC2HC0-5A040111-18 ISSUE DATE: 7-1-2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US Ttus endorsement modifies Insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: hny Person or organization to whoa you have agreed in a written contract that notice of cancelle0o:a of this policy will be given, but only if: 1. You send uo a written request to provide Ouch notice, including the name and address of such person or orgenizationr after the first tamed insured receives notice from up of the cancellation of this policy, and 2. We receive such written request at least i4 days before the beginning of the applicable number of days shown in this endorsement. ADDRESS: The address for that person or organization included in aueh written request from you to us. PROVISIONS: If we cancel Mis policy for any statutorily permitted above. We will mail such nonce to tho address shown reason other than nonpayment of premium, and a In the schodule above at least the number of days niinit:rr of days Is shown for canczllalran In the shown For canoellabon in the schedule above before srnndule above, we will mah notloo of cancc1la6on to the offeclive data of cancellation. Me person or organization shown in the schedule IL T4 05 03 11 02311 rho T,2-�- m e In7curnl[y (Ar,ipang. All dgh19 renenred Page 1 of 1 ������ G C���► WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY URTFORD, CT 06183 ENDORSEMENT WC 99 06 R3 (00) POLICY NUMBER: (VTC2HUB-7B86467-4-18) NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX — CONDITIONS: Notice Of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organiza- tion before the cancellation is to take effect. You are responsible for providing us with the information nccossary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us Is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation. SCHEDULE Number of Name and Address of Designated Persons or Organizations: Days Notice ANY PERSON OR ORGANIZATION THAT IS A CERTIFICATE HOLDER OF A 30 30 CERTIFICATE OF INSURANCE ISSUED FOR YOU THAT: 1. REFERS TO THIS POLICY AND STATES THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE PROVIDED TO THAT PERSON OR ORGANIZATION; AND 2.IS IN EFFECT, AND IS ON FILE AT THE OFFICE OF YOUR AGENT OR BROKER FOR THIS POLICY, AT THE TIME OF THAT CANCELLATION OR NONRENEWAL. DATE OF ISSUE: 07-27-18 ST ASSIGN: Page 1 of 3 © 2013 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Affidavit of Publication CITY OF NEW HOPE ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CDT, Thursday, March 14, 2019, 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: I 8 1014 In general, Work consists of lighting improvements between Xylon Avenue North to Louisiana Avenue North on 42nd Avenue North (CSAH 9). The City will provide the new pedestrian lights and banner anus to the Contractor. The following approximate quantities include: 33 EA Remove Existing Lighting Unit 2 EA Furnish and Install Lighted Bollard 5 EA Install 12' Pedestrian Light (Pedestrian Light provided by Owner) 35 EA Install 16' Pedestrian Light (Pedestrian Light provided by Owner) 9 EA Furnish and Install Concrete Light Base 10,800 LF Furnish and Install XHHW Wire (#6 and #8 AWG) Along with miscellaneous removals, conduit, restoration and correlated appurtenances. Complete digital Bidding Documents are available at wwtv.gt art min for $20 by inputting M94720 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 733 Marquette Ave., Suite 1000, Minneapolis, MN 55402, (612) 712-2000. Direct inquiries to Engineer's Project Manager, Chris Long, at (651) 492-7747. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive in•egularities 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 (Published in Finance and Commerce February 14, 21, 2019) 11699414 STATE OF MINNESOTA (SS. COUNTY OF HENNEPIN ) Description: 2019 42nd Avenue Street Lighting Improvements KC180y Braadwell being duly sworn on oath say she/he is and during all times herein stated has been the publisher or the publishers designated agent in charge of the newspaper known as Finance and Commerce (MN) 222 South 9th St, Suite 2300, Minneapolis, MN 55402 and has full knowledge of the facts herein stated as follows: (A) The newspaper has complied with all of the requirements to constitute a qualified newspaper under Minnesota law, including those requirements found in Minnesota Statute Section 331A.02.. (B) She/He further states on that the printed Construction 11699414 hereto printed as it was printed and published there in the English language; that it was first so published on February 14, 2019 for 2 time(s): the subsequent dates of publications being as follows: Thu, February 14, 2019 Thu, February 21, 2019 And that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: X sbcdcf, oijklnmopgrswvwxyz abcdef-- iI Intnapnrsluvwxyz Mortgage Foreclosure Notices (effective 7/l/2015). Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Hennepin County. The newspaper complies with the conditions described in §580.033, solid. 1, clause (1) or (2). If the newspaper's known office of issue is located in the comity adjoining the comity where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county, Subscribed and Sworn to before me this 2 -,1) day of February, 2019 (Notarial Seal) Notary Public, Hennepin County, innesota ALYSSA E. HANSEN NGtW Publie-Mirn MW Mvcownk*kft Explorm Jot 31,2= RATE INFORMATION: 1. Lowest classified rate paid by $ 16.0000 commercial users for comparable space: 2. Maximum rate allowed by law for the above matter: 3. Rate actually charged for the above matter: 0.44370 0.4034 CITY OF NEW HOPE ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10A.M., CDT, Thursday, March 14, 2019, at which time they wlll be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the [allowing; u t - Cs rakgf No. U0 A In general, Work consists of lighting improvements between Xylon Avenue North to Louisiana Avenue North on 42nd Avenue North (CSAH 9). The City will provide the new pedestrian lights and banner arms to the Con- tractor. The following approximate quantities include: 33 EA Remove Existing Lighting Unit 2 EA Furnish and Install Lighted Bollard 5 EA Install 12' Pedestrian Light (Pedestrian Light provided by Owner) 35 EA Install 16' Pedestrian Light (Pedestrian Light provided by Owner) 9 EA Furnish and Install Concrete Light Base 10,800 LF Furnish and Install XHHW Wire (#6 and #8 AWG) Along with miscellaneous removals, conduit, restoration and correlated appurtenances. Complete dig itat Bidding Documents are avalfable at www.auestcdn.corn for $20 by inputting QuestcoN 9JSid.0oc 96134720 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of Now Hope and at Stantec. 733 Marquette Ave., Suite 1000, Minneapolis, MN 55402, (612) 712-2000. Direct inquiries to Engineer's Project Manager, Chris Long, at (651) 492-7747. 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 rime set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota Published in the Sun Post February 14, 2019 905883 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 02/14/2019 and the last insertion being on 02/14/2019. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: M QeA4:�—L�—a DesipateJ Agent Subscribed and sworn to or affirmed before me on 02/14/2019 by Darlene MacPherson. Notary Public Jessica L Crabb rl : Notary Public Minnesota i '' ' Commission Expires January 31, 2023 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 905883 Request for Action January 14, 2019 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Development & Planning Item Number 8.4 Agenda Title Resolution approving plans and specifications and authorizing bids for the 2019 42nd Avenue Street Light Replacement (Improvement Project No. 1014) Requested Action Staff is recommending that Council pass a resolution approving plans and specifications regarding the replacement and installation of the street lights on 42nd Avenue between Xylon and Louisiana avenues and authorizing bid of the project. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The city -owned streetlights on 42nd Avenue North, east of Winnetka Avenue North, are identified in the 10- Year CIP for replacement. A scope of work to replace the lights between Winnetka and Louisiana avenues was bid in 2018 and higher than anticipated bids were received. Upon review of the bids, the high costs were due to the work required to remove and replace the existing light bases. The original scope included removing 33 existing lights, installing 16 new decorative lights and removing 17 light bases. The new scope of work included in this project includes utilizing all of the existing light bases which will minimize the disruption to sidewalks, conduit, and landscaping. All 33 existing lights will be replaced. The installation of new street lights between Xylon and Winnetka avenues is also identified in the 10-year CIP. Nine new decorative pedestrian lights are included in this project between Xylon and Winnetka avenues, along with the light bases and conduit necessary to support the lights. The lights installed along 42nd Avenue will in general be 16 foot tall LED lights, the same as lights installed on Xylon Avenue in the City Center. There will be five 12 foot lights installed at bench and bus stop locations. Two 4 foot tall lighted bollards will be installed at bus stops to provide additional pedestrian lighting at these locations. In addition to lighting elements, banner arms will be purchased for each of the new light poles. The banner arms used on the old light posts are not compatible with the new light post design. Staff plan to purchase all lighting elements and banner arms directly from suppliers and provide the lights to the contractor for installation. If Council chooses to move forward with the project, bids could be received on February 28 and a contract considered at the March 11 council meeting. Construction would be completed in 2019. I: \ RFA \ PUB W ORKS \ 2019 \ Council \ 1014 42nd Avenue Lights \ 1-14 Approve Plans and Specs and Authorize Bid Funding Funding for $400,000 in street lighting improvements is identified in the 2019 CIP. Part one of the project, replacing the existing lights between Winnetka and Louisiana avenues, construction cost is estimated at $240,000. Part two, installing new lights between Xylon and Winnetka avenues, construction cost is estimated at $170,000. Construction cost total for this project is estimated at $410,000. Any overage will be funded by available funding in the street infrastructure fund. Attachments ■ Resolution Memorandum by City Engineer Lighting Location Plan City of New Hope Resolution No. 19- 12 Resolution approving plans and specifications and authorizing bids for the 2019 42nd Avenue Street Light Replacement (Improvement Project No. 1014) WHEREAS, the city of New Hope has funding in the 2019 CIP for the replacement and installation of streetlights on 42nd Avenue; and, WHEREAS, the city engineer has presented a proposal for the creation of plans and specifications for the replacement and installation of the street lights on 42nd Avenue, and has presented this proposal to the City Council for authorization. NOW, THEREFORE, BE IT RESOLVED: 1. The Council authorizes the preparation of plans and specifications for the replacement and installation of the streetlights on 42nd Avenue. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 14th day of January, 2019. Mayor J Attest: City Clerk Clerk 5 Stantec January 8, 2019 File:193804214 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Attention: Bernie Weber Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: 42nd Ave. N. Street Light Improvements - Approve Plans and Specifications; Authorize Advertisement for Bids City Project No.: 1014 Dear Bernie, As requested, we have prepared plans and specifications for the replacement of street lights on 42nd Avenue North between Winnetka Avenue and Louisiana Avenue, and the installation of new pedestrian lights between Xylon Avenue and Winnetka Avenue. The proposed plans described below were discussed at the November 19th Council Work Session and will be presented at the January 14th Council Meeting. Attached are the location plans generally showing the work. The complete plan set is available at City Hall for review. Background A scope of work to replace the lights between Winnetka and Louisiana avenues was bid in 2018, although higher than anticipated bids were received. The City Council agreed with staff to reject bids, further review the scope of work, and rebid the lighting project in the winter of 2019. Upon further review of the original 2018 scope of work, high bids were received on the work required to remove the unused light bases (including the concrete walk removals, wiring, conduit, restoration). The original scope included removing 33 existing lights, installing 16 new decorative lights, and removing 17 light bases. The proposed revised scope of work includes utilizing all the existing light bases, minimizing the disruption to existing sidewalks and landscaping, and replacing all 33 locations with lights. Design with community in mind January 8, 2019 Mr. Bernie Weber Page 2 of 5 Reference: 42nd Ave. N. Street Light Improvements - Approve Plans and Specifications; Authorize Advertisement for Bids As identified in the City's Capital Improvement Plan (CIP) for 2019, the revised scope of work will also include the planned installation of pedestrian lights between Xylon Avenue and Winnetka Avenue, which does not currently have existing pedestrian lighting. Proposed Street Light Scope of Work: The work described below is shown in two parts for the two different scopes of work. The city is planning to purchase the lights directly with the lighting supplier to minimize contractor markup. A contractor could then install the lights and all required appurtenances. Attached are the proposed location plans identifying the improvements. Easements will be required to install the lights between Xylon Avenue and Winnetka Avenue as limited right of way is available. Easements are being coordinated with The Catholic Cemeteries property on the south side of 42nd Avenue North, and with ARI LLC on the north side of 42nd Avenue North. Part 1: Winnetka Avenue to Louisiana Avenue • Install new lights at existing light locations utilizing existing bases, conduit and wiring. 0 26 - Decorative Pedestrian Lights (16' Tall) 5 - Decorative Pedestrian Lights at Bench Locations (12' Tall) 2 - Lighted Bollards • Estimated Total Project Cost - $ 240,000 Part 2: Xylon Avenue to Winnetka Avenue ■ Install new lights, bases, conduit and wiring. 9 - Decorative Pedestrian Lights (16' Tall) Estimated Total Project Cost - $ 170,000 Estimated Total Part Proiect Cost 1 $240,000 2 $170,000 Total $410,000 Design with community in mind January 8, 2019 Mr. Bernie Weber Page 3 of 5 Reference: 42nd Ave. N. Street Light Improvements - Approve Plans and Specifications; Authorize Advertisement for Bids Existing Lighting Photos - Winnetka to Louisiana Avenue iW it3- C] W IPLAY Z r Exist. 30' Tall HPS Street Light (4211d) Design with community in mind Exist. 14' Tall Decorative Ped. Light (42nd) 5 January 8, 2019 Mr. Bernie Weber Page 4 of 5 Reference: 42nd Ave. N. Street Light Improvements - Approve Plans and Specifications; Authorize Advertisement for Bids Proposed Lighting Xylon Street Lights HOLOPHANE GronVille II LED Lighted Bollards HYDREL 31WC LED Lowered Bo Cord Height: 12 ft and 16 ft Height: 3 ft If Council accepts the information presented and chooses to move forward with this project, we recommend that the Council approve plans and specifications and authorize bids at the January 14th Council Meeting. Bids could be received on February 28th and a contract considered at the March 11 th Council Meeting. Construction could be completed in 2019. Design with community in mind January 8, 2019 Mr. Bernie Weber Page 5 of 5 Reference: 42nd Ave. N. Street Light Improvements - Approve Plans and Specifications; Authorize Advertisement for Bids If you have any questions or require further information, please call me at (651)604-4808. Sincerely, STANTEC a-404- no. /.7�' Christopher W. Long, P.E. Attachments: Proposed Lighting Location Plan (E101 & E102) Cc: Kirk McDonald, Valerie Leone, Jeff Sargent, Jeff Alger, Andrew Kramer, Megan Hedstrom, Shawn Markham, Dave Lemke - New Hope; Mike FitzPatrick, Kellie Schlegel, Ann Dienhart, Lucas Miller - Stantec Design with community in mind cos el?I ❑•�1 as coi na, I b -- . :LgHo ..H p O vp 1� 1~z � �s� I ' OREGON AVE N. I 1 7 i6 )EFL. A 1 NEVADA AVE N 1 I " � I b MARVLAND AVE N. �n= �c�"n I E' LOUISIANA AVE N. ,:51 �":.ii'R�S"..-'tea. o�; 3...""y: °..�•„"" I � o ^ 3i f � I• �W Yti' I O' 1 K,NNETKA AVE (CSAH 156) �5 I I , v9mi� 1 o I ir a� fyr�,. { C�•' •� -'I � . .fin, t Ix• I I I 1 f 'I /� • 1 RHODE ISLAND AVE N � I 1 1' if Al a _H. II � •. y; i' ' 4 � -- - y OUE.EC AVE N NEW HOPE, MINNESOTA 2018 42ND AVENUE STREET LIGHT IMPROVEMENTS LIGHTING PLAN l ® Stantec zm 1y�«wuw m. raa MN utu wnrilmlcmn Request for Action November 19, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Work Session Item Number 11.3 Agenda Title Discuss concept lighting plan for 42nd Avenue lighting improvements (Improvement Project(. 1014) Requested Action Staff would like Council to discuss the concept lighting plan prepared by the engineer for the 42nd Avenue lighting improvements project. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The city -owned streetlights on 42nd Avenue North, east of Winnetka Avenue North, are identified in the 10- Year CIP for replacement in 2019. There are currently 26 city -owned light poles that are 30-foot tall on 42nd Avenue between Winnetka and Louisiana avenues. There are also seven decorative light poles that are 14- foot tall in this area. These lights were installed in 1988. Some lights are no longer functional, the poles are deteriorating, and the installation and maintenance of streetlight banners is difficult and sometimes impossible. A scope of work to replace the lights between Winnetka Avenue and Louisiana Avenue was bid in 2018, although higher than anticipated bids were received. The City Council agreed with staff to reject bids, further review the scope of work, and rebid the lighting project in the winter of 2019. Upon further review of the original 2018 scope of work, high bids were received on the work required to remove the unused light bases (including the concrete walk removals, wiring, conduit, restoration). The original scope included removing 17 light bases. The proposed revised scope of work includes utilizing all the existing light bases, minimizing the disruption to existing sidewalks and landscaping, and replacing all 33 locations with lights. The attached concept lighting plan was prepared by the engineer to best utilize the existing infrastructure while replacing the aged light poles. The proposed plan includes the following lighting improvements: Part 1: Winnetka Avenue to Louisiana Avenue • Install new lights at existing light locations utilizing existing bases, conduit and wiring • 26 - Decorative Pedestrian Lights (16-Foot Tall) • 5 - Decorative Pedestrian Lights at Bench Locations (12-Foot Tall) • 2 - Lighted Bollards • Estimated total project cost - $265,000 I:\RFA\PUBWORKS\2018\ Work Sessions\11-19 42nd avenue lighting Part 2: Xylon Avenue to Winnetka Avenue • Install new lights, bases, conduit and wiring • 9 - Decorative Pedestrian Lights (16-Foot Tall) • Estimated total project cost - $170,000 The new 16-foot tall lights proposed are pedestrian scale decorative lights, which are the same lights that are currently installed on Xylon Avenue at the city center. A shorter version of these decorative lights is proposed at the bench locations, similar to the existing smaller scale pedestrian lights currently in place. Lastly, it is proposed to include lighted bollards near two bench locations where the taller pedestrian lighting will also be installed. When possible, conduit, wiring and structural bases will be reused. The attached photometric rendering shows the new LED lighting coverage of the area. Funding The estimated costs for the proposed lighting improvements is $435,000. There is $400,000 included the 2019 street light budget for this project. Staff is recommending that the remaining $35,000 be funded out of the street infrastructure fund. Attachment • Memorandum by City Engineer ■ Lighting Concept Plan Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 :antec Fax: (651) 636-1311 November 14, 2018 File:193804214 Attention: Bernie Weber Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: 42nd Ave. N. Street Light Improvements - 2019 Scope of Work City Project No.: 1014 Dear Bernie, As requested, this letter provides details on the proposed scope of work for the 2019 42nd Avenue North Street Light Improvements. The proposed concept plan described below can be discussed at the November 19th City Council Work Session to receive comments and direction prior to authorizing preparation of the plan and specifications. Background A scope of work to replace the lights between Winnetka and Louisiana avenues was bid in 2018, although higher than anticipated bids were received. The City Council agreed with staff to reject bids, further review the scope of work, and rebid the lighting project in the winter of 2019. Upon further review of the original 2018 scope of work, high bids were received on the work required to remove the unused light bases (including the concrete walk removals, wiring, conduit, restoration). The original scope included removing 33 existing lights, installing 16 new decorative lights, and removing 17 light bases. The proposed revised scope of work includes utilizing all the existing light bases, minimizing the disruption to existing sidewalks and landscaping, and replacing all 33 locations with lights. As identified in the City's Capital Improvement Plan (CIP) for 2019, the revised scope of work will also include the planned installation of pedestrian lights between Xylon Avenue and Winnetka Avenue, which does not currently have existing pedestrian lighting. Design with community in mind November 14, 2018 Mr. Bernie Weber Page 2 of 5 Reference: 42nd Ave. N. Street Light Improvements - 2019 Scope of Work Proposed Street Light Scope of Work: The work described below is shown in two parts for the two different scopes of work. The city is currently reviewing purchasing the lights directly with the lighting supplier to minimize contractor markup. A contractor could then install the lights and all required appurtenances. Attached are the proposed plans identifying the improvements. Easements may be required to install the lights between Xylon Avenue and Winnetka Avenue as limited right of way is available. As the design moves forward, additional review of proposed light locations will occur to determine if easements are required. Part 1: Winnetka Avenue to Louisiana Avenue • Install new lights at existing light locations utilizing existing bases, conduit and wiring. • 26 - Decorative Pedestrian Lights (16' Tall) • 5 - Decorative Pedestrian Lights at Bench Locations (12' Tall) • 2 - Lighted Bollards Estimated Total Project Cost - $ 265,000 Part 2: Xylon Avenue to Winnetka Avenue • Install new lights, bases, conduit and wiring. • 9 - Decorative Pedestrian Lights (16' Tall) • Estimated Total Project Cost - $ 170,000 Estimated Total Part Project Cost 1 $265,000 2 $170,000 Total $435,000 Design with community in mind �F November 14, 2018 Mr. Bernie Weber Page 3 of 5 Reference: 42nd Ave. N. Street Light Improvements - 2019 Scope of Work Existing Lighting Photos - Winnetka to Louisiana Avenue Exist. 30' Ta11 HPS Street Light (42nd) Design with community in mind Exist. 14' To// Decorative Ped. Light (42nd) iy November 14, 2018 Mr. Bernie Weber Page 4 of 5 Reference: 42nd Ave. N. Street Light Improvements - 2019 Scope of Work Proposed Licthting Xylon Street Lights HOLOPHANE GronVille II LED Lighted Bollards HYDREL 3100C LED Louvered Bollard Height: 12 ft and 16 ft Height: 3 ft Design with community in mind 14 November 14, 2018 Mr. Bernie Weber Page 5 of 5 Reference: 42nd Ave. N. Street Light Improvements - 2019 Scope of Work If you have any questions or require further information, please call me at (651)604-4808. Sincerely, STANTEC aA4VA- no. x7y", Christopher W. Long, P.E. Attachments: Proposed Lighting Location Plan (E101 & E102) Cc: Kirk McDonald, Valerie Leone, Jeff Sargent, Jeff Alger, Andrew Kramer, Megan Albert, Shawn Markham, Dave Lemke - New Hope; Mike FitzPatrick, Kellie Schlegel, Ann Dienhart - Stantec Design with community in mind I IR-1 0 pull Al Ti .CR WIN ETKA AVE (CSAH 156) itt V�j k AE p ki '4 -p NEVADA AVE N. vo RHODE ISLAND AVE N. A ;4 8.1 L 0� ii j IS - QUEBEC AVE N MARYLAND AVE N. 0. a,f 2 . . . . . . . . . . . . . . . . . Hain p 1H ou LOUISIANA AVE N. NEW HOPE, MINNESOTA Stantec 2018 42ND AVENUE STREET LIGHT IMPROVEMENTS LIGHTING PLAN (3 Stantec June 26, 2018 Stantec Consulting Services Inc. 2335 Highway 36 West, St, Paul MN 55113 Honorable Mayor and City Council City of New Hope ' 4401 Xylon Avenue North New Hope, MN 55428 S ]t] Re: 2018 42nd Ave n ort treet Lighting Improvements City Project N . 1014 Stantec Projec 3804214 Bid Return Dear Honorable Mayor and City Council Enclosed are all of the original Bids and Bid Securities that were received on the above - referenced Project. Please retain these original bids as information for your auditors. We have retained a copy of all bids for our files. Sincerely, STANTEC CONSULTING SERVICES INC. Shirley Lov Administrative Assistant and OSEC Enclosures Design with community in mind (3 Stantec Please provide copy to Shirley Lovell Read by A-P IJ fl 16,1,j W1W-T- Recorded by VW&"4IJ ALf5dK?,T Bidders List Bid Date and Time: 6/15/2018 10 A.M. Project Name: 2018 42nd Avenue North Street Light Improvements City Project No: Project No.: Client: 1014 193804214 City of New Hope Contractor's Name Responsible contractor Add 1 Add 2 Bid Bond Total Base Bid Neo Electrical Solutions Pember Companies, Inc. Premier Electrical Corporation 7S. 1 b^t-i 20 3"73 4,7E . 00 6RAtJIU46 60,6 z0 2° k 6T. °l 0up\& if) a20,GQ C-5"W -Z Z,5, 000. rol 193804214 Bidders List As (3 Stantec BID TABULATION Project Name: 2018 42nd Avenue Street Lighting Improvement 1 hereby certify that this is on exact reproduction of bids received. City Project No.: 1014 Stantec Project No 193804214 Bid Opening: Friday, June 15, 2018 at 10 A.M., CDT Owner: City of New Hope, MN )6_tx_'_ -- - 5 "' _� Kellie M. Schlegel, PE License No. 46200 Item Num Item BASE BIM Units Aty 1 MOBILIZATION LS 1 2 TRAFFIC CONTROL LS 1 3 REMOVE LIGHT FOUNDATION EA 30 4 REMOVE DIRECT BURIED LIGHTING CABLE IN LF 15000 CONDUIT 5 REMOVE LIGHTING UNIT EA 33 6 REMOVE CONCRETE WALK SF 3300 7 1.5' NON-METALLIC CONDUIT LF 200 8 UNDERGROUND WIRE 1 COND NO 6 LF 19000 9 UNDERGROUND WIRE 1 COND NO 8 LF 14000 10 LIGHT FOUNDATION DESIGN E - MODIFIED EA 13 11 LIGHTING UNIT TYPE SPECIAL EA 16 12 SERVICE CABINET CONNECTION EA 2 13 4" CONCRETE WALK SF 3300 14 LANDSCAPING LS 1 15 SALVAGE EXISTING SIGN AND REINSTALL ON NEW EA 25 LIGHT POST 16 SALVAGE EXISTING SIGN AND REINSTALL ON NEW EA 8 SIGN POST 17 SALVAGE EXISTING SIGN AND RETURN TO OWNER EA 7 18 RESTORATION SY 350 19 SPARE POLE EA 2 TOTAL BASE BID Contractor Name and Address Phone: Email: Signed % Title: Signed Responsible Contractor Certificate Bid Security. Addenda Acknowledged Bidder No. 1 Premier Electrical Corporation Unit Price Total Bidder No. 2 Granite Ledge Electrical Contractors, Inc. Unit Price Total Bidder No. 3 Killmer Electric Co., Inc. Unit Price Total Bidder No. 4 Egan Company Unit Price Total $12,053.98 $12.0M.98 $3,101.23 $3,101.23 $21,000.00 $21.000.00 $15,000.00 815.000= $10,983.42 $10,983.42 $11,632.72 $11,632.72 $7,500.00 $7,51M,00 $18,000.00 S18,000.00 $561.73 $16,851.90 $474.35 $14,230.50 $975,00 S24.250A0 $650.00 $19,5m.00 $0.26 S1900.00 $0.72 $10,800.00 $0.60 S9,000.00 $1.00 $15,000.00 $167.67 $5,533.11 $206.75 $6,822,75 $260.00 S81580.00 $725.00 $23,925.00 $3.49 $11,517.00 $4.23 $13.959.00 $3.10 $1V30,00 $8.00 $26,40D.00 $13.78 S2756.00 $6.99 $1.398.00 $12.00 32,400.00 $5.00 SI,DOD.00 $1.09 $20,710.00 $1.33 $25.270,00 $1.30 $24.700.00 $1.50 S28.5W= $0.88 S 12.320.00 $1.11 $151540.00 $1.12 $15,680.00 $1.00 $14.W0.00 $971.64 $12,631.32 $912.43 $11,861.59 $960.00 $12,A80.00 $1,200.00 $15,600.00 $7,146.91 $114,350.56 $7,220.25 $115,624.00 $6,870.00 $109,920.00 $7,200.00 $115.200,00 $716.90 $1,d33.80 $1,125.43 $2,250.86 $650.00 $1,300.00 $525.00 $1,050.00 $11.62 $38.346.00 $8.09 $26,697.00 $11.00 536,300.00 $10.00 533.000.00 $6.545.83 $6.545.83 $6,569.20 56,&0.20 $6,500.00 S6.6=0 $12,500.00 $12,5W.OD $145.26 $3,631,50 $152.14 83,803.50 $144.00 $3,600.00 $500.00 S1250000 $174.31 $1.394A8 $182.57 $1.A60.56 $175.00 $1.4D0.00 $500.00 $4,000.00 $58.10 $406.70 $60.86 S426.02 $60.00 S420.00 $500.00 $31500.00 $2.49 $871.50 $40.15 $14A52.50 $20.00 S7,000.00 $20.00 $7,011,00 4019.33 $8,D38.66 $6,784.74 $13,569.4B $3,830.00 $7.660.00 $4,000.00 $8.000.00 $284,275.76 5 S.%8.91 W4,920.00 $373676-00 Premier Electrical Corporation Granite Ledge Electrical Killmer Electric Co., Inc. Egan Company 4401 85th Avenue North Contractors, Inc. 5141 Lakeland Ave. N. 7625 Boone Avenue N. Brooklyn Park, MN 55443-1937 15436 130th Street Crystal, MN 55429 Brooklyn Park, MN 55428 Foreston, MN 56330 763-424-6651 320.294.5557 763.425-2525 763-544-4131 ibachmanAiprerniercorminet rhonda9Dnraniteledoeeledric.corn bDalmer0b.Ifillmerelectflc.com olla nCo.CysCI Brian Palmer Colin Olson Rhonda J. Brown James H. Ford President President President CFO Yes Yes Yes Yes Bid Bond Bid Bond Bid Bond Bid Bond 1 and 2 1 and 2 1 and 2 1 and 2 193804214-Bid Tab BT-1 CoStantec BIDDER: Granite Ledge Electrical. Contractors Inc DOCUMENT 0041 10 REVISED BID FORM REVISED BY ADDENDUM 2 2018 42ND AVENUE NORTH STREET LIGHT IMPROVEMENTS CITY PROJECT NO. 1014 PROJECT NO. 193804214 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 Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No.. 2 Addendum Date June 5, 2018 June 12. 2018 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC-4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. REVISED BY ADDENDUM 2 0 2018 Stantec 1 193804214 0041 10 - 1 R REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for 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 Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 1 1.03.13 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID: 1 MOBILIZATION 2 TRAFFIC CONTROL 3 REMOVE LIGHT FOUNDATION 4 REMOVE DIRECT BURIED LIGHTING CABLE IN CONDUIT LS y $ 3,101.23 $ 3,101.23 LS 1 $ 11,632.72 $11, 632.72 EA 30 $ 474.35 $14,230.50 LF 15000 $ 0.72 $10,800.00 REVISED BY ADDENDUM 2 © 201 B Stantec 1 193804214 0041 10 - 2 R REVISED BID FORM No. Item Units Qty Unit Price Total Price 5 REMOVE LIGHTING UNIT EA 33 $ 206.75 _ $6,822.75 6 REMOVE CONCRETE WALK SF 3300 $ 4.23 $13,959.00 7 1.5' NON-METALLIC CONDUIT LF 200 $ 6.99 $1,398.00 8 UNDERGROUND WIRE 1 COND NO 6 LF 19000 $ 1.33 $ 255,270.00 9 UNDERGROUND WIRE 1 COND NO 8 LF 14000 $ 1.11 $15,W.00 10 LIGHT FOUNDATION DESIGN E - MODIFIED EA 13 $ 912.43 $11,861.59 1 1 LIGHTING UNIT TYPE SPECIAL EA 16 $ 7,220.25 $115,524.00 12 SERVICE CABINET CONNECTION EA 2 $ 1,125.43 $2,250.86 13 4" CONCRETE WALK SF 3300 $ 8•09 $26,697.00 14 LANDSCAPING LS 1 $ 6,569.20 $6,569.20 15 SALVAGE EXISTING SIGN AND REINSTALL ON NEW LIGHT POST EA 25 $ 152.14 $3,803.50 _ 16 SALVAGE EXISTING SIGN AND REINSTALL ON NEW SIGN POST EA 8 $ 182.57 $1,460.56 17 SALVAGE EXISTING SIGN AND RETURN TO OWNER EA 7 $ 60•86 $426.02 18 RESTORATION SY 350 $ 40.15 $14,052.50 19 SPARE POLE EA 2 $ 6,784.74 13,569.48 TOTAL BASE BID REVISED BY ADDENDUM 2 © 2018 Stantec 1 193804214 0041 10 - 3 R REVISED 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 Verifications no 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: A Corporation SUBMITTED on June 15 . 2018. Corporation Name: Granite Ledge Electl7.C21 Contract<W, nc State of Incorporation: Minnesota Type (General Business, Professional, Service, Limited Liability): Service Name (typed or printed): Rhonda J. Brown Title: President Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box Ws): 15436 130th Street Foreston NN 56330 Phone No.: 320-294-5557 Email.: rhonda@graniteledgeelectric.ccm REVISED BY ADDENDUM 2 © 201 B Stantec 1 193804214 0041 10 - 4 R REVISED BID FORM Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Email.: AA Pam Partnership Name: By: Name (typed or p(nted): (Signature of general partner) Business Street Address (No P.O. Box #'s): Phone No.: Email.: END OF DOCUMENT (SEAL) REVISED BY ADDENDUM 2 0 2018 Stantec 1 193804214 0041 10 - 5 R REVISED BID FORM SECTION 00 41 13 BID FORM ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE: 2018 42d AVENUE NORTH STREET LIGHT IMPROVEMENTS 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, 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 0 2018 Stantec 1 193804214 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 32613. 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. iBID FORM ATTACHMENT A © 2018 Stantec 1 193804214 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 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 -I 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 Offic r: Printed Name: Rhonda J. Brown Title: Date: President June 15, 2018 Company Name: Granite Ledge Electrical Contractors Inc Sword to and subscribed before me this - day of v e , 20 Ia. �� Hp3ARY pUnLiC - M�HNp54"fA , Notary Public My Cbmml�slon Fxp3re5 3anuery 31, 2621 , My Commission Expires: 31) 46 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 0 2018 Stantec 1 193804214 0041 13 - 3 ATTACHMENT A-1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE: 2018 421VD AVENUE NORTH STREET LIGHT IMPROVEMENTS 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) I office is located Safety Signs LLC I Lakeville M(`i BID FORM ATTACHMENT A 0 2018 Stantec 1 193804214 0041 13 - 4 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: 2018 421YD AVENUE NORTH STREET LIGHT IMPROVEMENTS 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. ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) NA Name of city where company home office is located BID FORM ATTACHMENT A © 2018 Stantec 1 193804214 0041 13 - 5 ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) NA 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 Off er: Printed Name: Rhonda J. Brown Ti e: Date: President June 15, 2018 Company Name: Granite Ledge Electrical Contractors Inc Sworn to and subscribed before me this J=q4"1ay o f Q. 20 lc�_. Notary Public My Commission FxpireS: 3 I ao a r © 2018 Stantec 1 193804214 r^.F-/.J'IY'�/f•-/./Y Jj�JYfJ./J.!JJ.l .I...t SONNIXE ,r,�rrf_rr.�- rf r rrr•.rrrrrrir,�� END OF SECTION BID FORM ATTACHMENT A 0041 13-6 THE AMERICAN INSTITUTE OF ARCHITECTS REIN AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Granite Ledge Electrical Contractors, Inc. 15436 130th Street Foreston, MN 56330 as Principal, hereinafter called Principal, and United Fire & Casualty Company P. O. Box 73909, 118 2nd Avenue SE Cedar Rapids, IA 52407-3909 a corporation duly organized under the laws of the State of Iowa 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 42nd Avenue North Street Light Improvements; CP 1014 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obtigee in accordance with the terms of such bits, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 15th day of June , 2018 Granite Ledge Electrical Contractors, Inc. - (Principal) (Seal) ( rtness) jAt J (TrrJe) United Fire & Casual1v Company (Surety) (Seal) (Witness) A/A if 7 & Title) Nicole Stillings, Attorney- -Fact IA DOCUMENT A310 - BID BOND - AIA ® - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 CORPORATE ACKNOWLEDGMENT State of Minnesota )SS County of KaIIe. Lcs S ) On this 15th day of June — 2018 , before me appeare ri , tome personally known, who, being by me duly sworn, did say that he/she is the ✓1 of Granite Ledge Electrical Contractors, Inc. , 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 II']azf a acknowledged said instrument to be the free act and deed of said corporation. ANDREW JAMES ABELSON __ NOMINNESOTAIC '{ iy My Commission Expires Jan.31. 2022 State of Minnesota ) )Ss County of Hennepin ) Notary Public „f file- L County, fA v My commission expires I / 3l l2Z _ SURETY ACKNOWLEDGMENT On this 15th day of June 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 United Fire & Casualty 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 act and deed of said corporation. Notary Public Hennepin County, Minnesota EMILY R. WHITE My commission expires 1/31/2021 NOTARY PUBLIC - MINNESOTA My Commission Expires January 31, 2021 + UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, IA 52401 INStlI�AHCE CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint R.W. FRANK, JOHN E. TAUER, JOSHUA R. LOFTIS, TED JORGENSEN, R.C. BOWMAN, NICOLE STILLINGS, RACHEL THOMAS, CRAIG REMICK, LIN ULVEN, BRIAN J. OESTREICH, JEROME T. OUIMET, SANDRA M. ENGSTRUM, COLBY D. WHITE, MELINDA C. BLODGETT, KURT C. LUNDBLAD, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -iur-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. �'j1t1UI�[fllNIN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its 1�i1 �,t11I IIyyI ll 44tt111111, N sl .`iP4• cc� y' L,y�Fl�4 p ,a•tiF0tias �— QW P��1 vice president and its corporate seal to be hereto affixed this 21 day of February, 2018 z�. air.'.• 6f�PaAfi"•. Fos ronrnanreg Innrrlenrs UNITED FIRE & CASUALTY COMPANY Seri 3r y SEAL =a_.• 0 1966 UNITED FIRE & INDEMNITY COMPANY r'� '�•<rtm �•�` y�lFS�Tlq �f ��``$�+FOf �� FINANCIAL PACIFIC INSURANCE COMPANY !!llllp llrilgl�� ry!1lllllllill41111 �/gllunRtl�A� By: State of Iowa, County of Linn, ss: Vice President On 2111 day of February, 2018, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. t. Patti Waddell Iowa Notarial Seal • Commission number 713274 Notary Public + My Commission Expires 10/26/2019 My commission expires: 10/26/2019 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 15th day of June ,2018 +1`l4,L+•�rNX lil101111 ,F?Uea-14b�C1N8le, a YCy,Q y iy CPRPONATF. T F [ORPORATE 6 S. DULY 22 a p's rr = : :Y. —•�� Two —•— =t.: 1966 VY P s_y a ` SEAL _� SEAL i :5••.,�:{ % 4110�y 117111 IL1 �yl0 P911$100, By: A 3Y O J Assistant Secretary, OF&C & OF&I & FPIC BPOA0049 1217 Stantec BIDDER: Premier Electrical Corporation DOCUMENT 00 41 10 REVISED BID FORM REVISED BY ADDENDUM 2 2018 42ND AVENUE NORTH STREET LIGHT IMPROVEMENTS CITY PROJECT NO. 1014 PROJECT NO. 193804214 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 Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum 1 Addendum 2 6/5/2018 6/12/2018 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC-4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. REVISED BY ADDENDUM 2 0 2018 Stantec 1 193804214 00 41 10 - 1 R REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J.. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for 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 Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 1 1.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No, Item Units Qty Unit Price Total Price BASE BID: i MOBILIZATION LS $ 12,053.98 $ 12,053.98 _ 2 TRAFFIC CONTROL LS 1 $ 10,983.42 $ 10.983.42_ 3 REMOVE LIGHT FOUNDATION EA 30 $ 561.73 $ 16,851 .90 4 REMOVE DIRECT BURIED LIGHTING CABLE IN CONDUIT LF 15000 $ 0.26 $ 1200100 REVISED BY ADDENDUM 2 0 2018 Stantec 1 193804214 0041 10 - 2 R REVISED BID FORM No. Item Units Qfy Unit Price Total Price 5 REMOVE LIGHTING UNIT EA 33 $ 167.67 $ 5,533.11 6 REMOVE CONCRETE WALK SF 3300 $ _ 3.49 $ 11.517.00 7 1.5" NON-METALLIC CONDUIT LF 200 $ 13.78 $ 2 755.00 8 UNDERGROUND WIRE 1 COND NO 6 LF 19000 $ 1.09 $ 20,71 9 UNDERGROUND WIRE 1 COND NO 8 LF 14000 $ 0.88 $ 12,320.00 10 LIGHT FOUNDATION DESIGN E - MODIFIED EA 13 $ 971.64 $ 12,631.32 11 LIGHTING UNIT TYPE SPECIAL EA 16 $ 7,146.91 $ 114,350.56 12 SERVICE CABINET CONNECTION EA 2 $ 716.90 $ 1 A33.80 13 4" CONCRETE WALK SF 3300 $ 11.62 $ 38.346.00 14 LANDSCAPING LS 1 $ 6,545.83 $ 4 15 SALVAGE EXISTING SIGN AND REINSTALL ON NEW LIGHT POST EA 25 $ 145.26 $ 3,631.50 16 SALVAGE EXISTING SIGN AND REINSTALL ON NEW SIGN POST EA 8 $ 174.31 $ _1,394.48 17 SALVAGE EXISTING SIGN AND RETURN TO OWNER EA 7 $ 58.10 $ 406.70 18 RESTORATION SY 350 $ 2.49 $ 871.50 19 SPARE POLE EA 2 $ 4,019.33 $ 8,038.66 _ TOTAL BASE BID $ 2Rd 275,7E REVISED BY ADDENDUM 2 © 2018 Stantec 1 193804214 0041 10 - 3 R REVISED BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. B. Bid Form Attachment A - Responsible Contractor Verificationa Ind 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 June 15 2018. Corporation Name: Premier ElRotrdion(SEAL) State of Incorporation: Minnesota Type (General Business, Professional, Service, Limited Liability): By: (Signature) Name (typed or printed): Bolin Q� Title: President Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): _4401 85th Avenue -North Brooklvn Park. MN 55443-1937 Phone No.: 763 424-6551 Email.: j hman0premiercoro•n REVISED BY ADDENDUM 2 © 2018 Stantec 1 19380421 A 0041 10 - 4 R REVISED BID FORM Martnershio Name (typed or printed). - By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Email.: (SEAL) Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Email.: END OF DOCUMENT REVISED BY ADDENDUM 2 © 2018 Stantec 1 193804214 0041 10 - 5 R REVISED BID FORM SECTION 00 41 13 BID FORM ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE: 2018 42-n'AVENUE NORTH STREET LIGHT IMPROVEMENTS 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... .inn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNL% UM CRITERIA. "Responsible .)ntractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its �rtion of the work on the project and verifies that it meets the following minimum criteria: 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 munber 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. !) 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 177.27-1 (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 Stuntec 1 193804214 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 32613. 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 prune 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 02018 Stantec 1 193804214 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 minimurn criteria may result in termination of a construction contract that has already been awarded to a prune 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 staled that it meets the minimum criteria, CERTIFICATIONBy 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: Colin Olson C1 Title: Date: 6/15/2018 President Company Name: Premier Electrical Corporation al Swgxn to and subscribed before nee this 13 —day of ..Ac 2014 ; -------------------------- )4otoy Public Notary Public -Minnesota my commission Expires Jan 31, 2026, MyCommission Expires: k 10--------------------•-----------------_-__------_- NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) Tf 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 © 2018 Stantec 1 193804214 0041 13 - 3 ATTACHMENT A-1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE: 2018 42L" AVENUE NORTH STREET LIGHT IMPROVEMENTS 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) Ti-Zack Safety Signs Name of city where company home office is located LeCenter, MN Lakeville, MN © 2018 Stantec 1 193804214 BID FORM ATTACHMENT A 0041 13-4 4401 85TH AVE.NO., BROOKLYN PARK, MINNESOTA 55443-1937 PH: (763) 424-6551 • FAX: (763) 424-5225 Premier ELECTRICAL CORPORATION CORPORATE RESOLUTION I, Lonnie R. Bellin Secretary/Treasurer of Premier Electrical Corporation hereby certify that the individual listed below has the authority to sign on behalf of this corporation. Name Colin Olson Resolved, that each and any of the following persons be, and is hereby, authorized and empowered, in the name and on behalf of this corporation, to execute contracts and change orders and other such documents in connection with this job. Title President In witness whereof, I have hereunto set my hand this 15th day of June, 2018. FEDERAL TAX ID # 41-1588248 Lonnie R. Bellin Secretary/Treasurer 1902-20a2 EQUAL OPPORTUNITY EMPLOYER THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Premier Electrical Corporation 4401 85th Avenue N. Brooklyn Park, MN 55443 as Principal, hereinafter called Principal, and Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 a corporation duly organized under the laws of the State of Massachusetts 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) 42nd Street Lighting Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Princi al and the Principal shall enter Into a Contract with the Obligee in accordance with the terms of such bid, and give such bon or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such lamer 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 15th day of June 2018 r Premier Electrical Corporation _- (Principal) (Seal) ( itrless) Colin plson (Title) Liberty Mutual Insurance Company (Surety) (Seal) (With ss) ( rtle) Sandra M. Engstrum, Attorney -in -Fact AIA DOCUMENT A310 - BID BOND - Y 1970 ED - THE 1C N INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 CORPORATE ACKNOWLEDGMENT State of Minnesota ) ss County of]L�,�< On this 15th day of June 2018 , before me appeared Colin Olson tome personally known, who, being by me duly sworn, did say that he/she is the Prsiclent of Premier Electrical Corporation 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 C_1;n Olson acknowledged said instrument to be the free act and deed of said corporation. ANTHONY J. PERUENANZE Notary Public -Minnesota .'Ay Cammisaion Expiros Jan 31, 2020 State of Minnesota ) ) ss County of Hennepin ) NoW Public Wri ki County, MA) _ My commission expires SURETY ACKNOWLEDGMENT On this 15th day of June _ 2018 , before me appeared Sandra M. Engstrum _ to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of Liberty Mutual 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 Sandra M. Engstrum _ _ acknowledged said instrument to be the €rejAct and deed of said corporation. NNA ROSE I ARSON Notary Public Hennepin County, Minnesota HA NOIARYPUBLIC-MINNESOTA My commission expires 1/31/2022 My Commission Expires January 31, 2022 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. Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610.832-8240 between 9:00 am and 4:30 pm EST on any business day. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forlh, does hereby name, constitute and appoint,-, R. W. Frank John E. Tauer, Joshua R. Loflis Rachel Thomas Cr Inc Rgftk. Brian J. Nslreich, Nicole 5tilffngs. Jerome T. OuImel. Sandra M. Ermslrum, Kurt C. tundblad. Melinda C, 131gd eq rtLin Ulven R. C. Bowman, Ted Jomensen. Emily White, R. $cog Ei inton, Colby D. White of the city of Mlnneaaolis, state of Minnesota its true and lawful attorney -in -fact, with full power and authority hereby conferred to sign, execute and acknowledge the following surety bond: Principal Name: Premier Electrical Corpo__ratlon Obligee Name: City of New Hope Surety Bond Number: Bid Bond Bond Amount: E% IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 22nd day of September t, 2017. L 11�s�y .sY Ihsr, tytnsuR� The Ohio Casualty Insurance Company ��" 1w gtir 4� ❑R, Liberty Mutual Insurance Company 1919 ° ��21 We eriean Insurance Company 1912 1991 p CIn?+ p= 3��HRenr`> �Nr7aANT' T By: A David ."Carey, Assistant Secretary STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 22nd day of 96Aamiser, 2017, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf o(,the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. 41 PASrF COMMONWEALTH OF PENNSYLVANIA �}n+ w Notarial Seal Teresa Peslella, Notary Public B OF Upper Marion Twp„Montgomery County y TeresaPasteila, Q1a PUt>'hc y, pY My Commission Expires March 26, 2021 `h�SCt�ta Member, Pennsylvania Association of Notaries lArf4' 1a1�" This Power of Allomey's made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section Q. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney - in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys - in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, r w 1912 C m'i Ssonf �� * I have hereunto set my hand and affixed the seals of said Companies this PyYY INS UR 0N$UR4 _y3 nror�q y gCV 1919 IM1 Y * * 15th day of June 2018 By: e ee C, Lie ell stanl Secretary Stcantec BIDDER: Killmer Electric Co-, Tne. DOCUMENT 00 41 10 REVISED BID FORM REVISED BY ADDENDUM 2 2018 42ND AVENUE NORTH STREET LIGHT IMPROVEMENTS CITY PROJECT NO. 1014 PROJECT NO. 193804214 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 Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. One Two Addgtn�jUm Date 6--5-18 6-12-18 B, Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC-4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. REVISED BY ADDENDUM 2 © 2018 Stantec 1 193804214 00 41 10 - 1 R REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for 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 Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 1 1.03.8 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qfy Unit Price Total Price BASE BID: 1 MOBILIZATION LS 2 TRAFFIC CONTROL LS 3 REMOVE LIGHT FOUNDATION EA 4 REMOVE DIRECT BURIED LIGHTING CABLE IN CONDUIT LF $ _21,000.00 21,000.00 7,500.00 $ 7,500.00 30 975.00 $ 29 250.00 15000 $ .60 $ 9 , 000.00 REVISED BY ADDENDUM 2 © 2018 Stantec 1 193804214 0041 10- 2 R REVISED BID FORM No. Item Units Qty Unit Price Total Price 5 REMOVE LIGHTING UNIT EA 33 $ 260.00 $ 8,580.00 6 REMOVE CONCRETE WALK SF 3300 $ 3.10 $ 10,230.00 7 1.5" NON-METALLIC CONDUIT LF 200 $ 12.00 $ 2,400 , 00 - 8 UNDERGROUND WIRE 1 COND NO 6 LF 19000 $ 1.30 $ 24,700.00 9 UNDERGROUND WIRE 1 COND NO 8 LF 14000 $ 1.12. $ 15,680.00 10 LIGHT FOUNDATION DESIGN E - MODIFIED EA 13 $ 960.00 $ 12, 480.00 - 11 LIGHTING UNIT TYPE SPECIAL EA 16 $ 6,870.00 $ 109,920.00 12 SERVICE CABINET CONNECTION EA 2 $ 650.00 $ 1, 300.00 13 4" CONCRETE WALK SF 3300 $ 11.00 $ 36,300.00 14 LANDSCAPING LS 1 $ 6,500.00 $ 6,500.00 15 SALVAGE EXISTING SIGN AND REINSTALL ON NEW LIGHT POST EA 25 $ 144.00 $ 3,600.00 16 SALVAGE EXISTING SIGN AND REINSTALL ON NEW SIGNPOST EA 17 SALVAGE EXISTING SIGN AND RETURN TO OWNER EA 18 RESTORATION 19 SPARE POLE TOTAL BASE BID SY EA 8 $ - 175.00 $ _1.400,00 7 $ 60.00 $ 420.00 350 $ 20.00 $ 7,000.00 2 $ _ M30.00 $ 7,660.00 $ 31qlzo 3v_ V REVISED BY ADDENDUM 2 © 2018 Stantec 1 193804214 0041 10 - 3 R REVISED BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.13 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: Required Bid Security in the form of 5 percent. Bid Form Attachment A - Responsible Contractor Verificationa Ind 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 June 15 2018. Corporation Name: Killmer Electric Co. .. Inc. (SEAL) State of Incorporation: Minnesota Type (General Business, Prof nal, rviae. Limited Liability): SeryiQe By: —�K I (Signature) Name (typed or printed): Brian Palmer Title: President esi (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box Ws). 5141 Lakeland Ave N Crystal, MN 55429 Phone No.: 763-425-2525 Email.: b-palmer@killmerelectric.com REVISED BY ADDENDUM 2 0 2018 Stantec 1 193804214 0041 10 - 4 R REVISED BID FORM Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box Ws): Phone No.: Email.: A Partnership (SEAL) Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box Ys): Phone No,: Email.: END OF DOCUMENT REVISED BY ADDENDUM 2 © 2018 Stanlec 1 193804214 0041 10 - 5 R REVISED BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Killmer Electric Co., Inc. 5141 Lakeland Avenue North Crystal, MN 55429 as Principal, hereinafter called Principal, and United Fire & Casualty Company P. O. Box 73909, 118 2nd Avenue SE Cedar Rapids, IA 52407-3909 a corporation duly organized under the laws of the State of Iowa 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 42nd Avenue Street Lighting Improvement - City Project No. 1014 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecutlon thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, ff 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 15th day of June , 2018 . Killmer Electric Co. Inc. _ • � �� Principal) (Seal) (Witness) 7;<L (Title) Brian Palmer President United Fire & Casualt Com an { ety) (Seal) (Witness) (Title) Rachel Thomas, Attorney -in -Fact IA DOCUMENT 3 0 - D - AIA ®- FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 CORPORATE ACKNOWLEDGMENT State of Minnesota ) ) ss County of } On this 15th day of June 2018 , before me appeared Brian Palmer to me personally known, who, being by me duly sworn, did say that he/she is the President of Killmer Electric Co., Inc. 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 Brian Palmer acknowledged said instrument to be the free act and deed of said corporation. Notary Public My commission expires SURETY ACKNOWLEDGMENT State of Minnesota } )Ss County of Hennepin } County, On this 15th day of June 2018 , before me appeared Rachel Thomas to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of United Fire & Casualty 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 Rachel Thomas acknowledged said instrument to be the free act and deed of said corporation. t... �r- Notary Public Hennepin County, Minnesota, HANNA ROSE LARSON M commission ex NO ARY PUB[ IC - MINNESOTA Y Aires 1 /31 /2022 I My Commission Expires January31, 2022 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department ufgufl UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, IA 52401 iNSL1CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fie & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint R.W. FRANK, JOHN E. TAUER, JOSHUA R. LOFTIS, TED JORGENSEN, R.C. BOWMAN, NICOLE STILLINGS, RACHEL THOMAS, CRAIG REMICK, LIN ULVEN, BRIAN J. OESTREICH, JEROME T. OUIMET, SANDRA M. ENGSTRUM, COLBY D. WHITE, MELINDA C. BLODGETT, KURT C. LUNDBLAD, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI - Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. ,tutm111n," u �����„ IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its `ti��tFGRty 4r�b ;.+K°{xrx'�i ,z ,Tgiasy;1vice president and its corporate seal to be hereto affixed this 21s' day of February, 2018 caxroRATa y ? CORPOR ATE — 2a � rr �oLY2z Fp _ UNITED FIRE & CASUALTY COMPANY SEAL Y� =_ SEAL Y �,� 1986 T•,:•Y�'€ UNITED FIRE & INDEMNITY COMPANY ;!+,A »l°;`�. �ni.���"M Its �� `� ° ' FINANCIAL` PACIFIC INSURANCE COMPANY r�nmut+ rygnuattttti �rw,,,innim� v' V By: State of Iowa, County of Linn, ss: Vice President On 21s1 day of February, 2018, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fite & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. +L Patti Waddell ^ ~� Iowa Notarial Seal /�(,/I Commission number 713274 Notary Public ow. My Commission Expires 10/26/2019 My commission expires: 10/26/2019 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 15th day of June ,2018 - ,1 a la:s ,+ rf,+ as`tkinoiry'rr.�ir a`'t 0ykStrrq 4►` yrU�r,QPFQiL'j�*.,rYr 14 CCRP[IRaYY �'p :_ 6 CORPORATE ==�ULY 22,;D l- I�/ ��11�1 iW ✓� �Ls1U Wes`-' �' - —�— ix =V' :Cs v By. SEAL '� � SEAL y °: tr 14` e $ 4?FOA' ' Assistant Secretary, ��f�RRAMlf14 `�1� 41f115 n� �� 'rn +'a` unttun 11 t attt" OF&C & OF&I & FPIC BPOA0049 1217 DOCUMENT 00 91 13 AL)DENDUM 2 2018 42ND AVENUE NORTH STREET LIGHT IMPROVEMENTS CITY PROJECT NO, 1014 PROJECT NO. 193804214 NEW HOPE, MINNESOTA June 12, 2018 Number of Pages: 7 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4896 - Mike Fitzpatrick, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at Shirley.Lp&11@stcnfec.com as soon as you receive it. Killmer Electric Co., Inc. 6-15-18 Company Name Date ADDENDUM 2 © 2018 Stantec 1 193804214 0091 13 - 1 Project Manual Changes: Section 00.41 10 - Bid,form 1. Delete this in its entirety and replace with attached Specification Section 00 41 10 - Revised Bid Form. Section 00 73 05 - SUPPLEMENTARY CONDITIONS 1. Page 00 73 05 - 4. Replace Article 13 - Test and inspections; Correction, Removal or Acceptance of Defective Work, Paragraph SC-13.07.A with the following: SC-13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "three years" Division SL - SUPPLEMENTAL LIGHTING 1. Page 3-SL. Paragraph SL-2:2.E Replace the following: "Clear final" shall be replaced with "Standard finial": 2. Page 3-SL. Add Paragraph SL-2.2.F with the following: F. Warranty Manufacturers Luminaire Warranty: The commercial outdoor light emitting diode (LED) fixtures, including the LED arrays and the LED drivers and integral control devices shall be free from defect in material and workmanship for a period of five (5) years. The LED arrays in the luminaire will be considered defective in material or workmanship if a total of 15% or more of the individual light emitting diodes in the luminaire fail to illuminate. The painted finish shall be considered defective in material or workmanship if there is substantial deterioration in the form of blistering, cracking, or peeling (not including fading or chalking). Manufacturers Pole Warranty: The poles shall be free from defect in material and workmanship for a period of two (2) years. The paint finish shall be considered defective in material or workmanship if there is substantial deterioration in the form of blistering, cracking, or peeling (not including fading or chalking) 3. Page 7-SL. Add Paragraph SL-2.4.A.1.j with the following: j. Spare poles: Per Each Drawings Sheet - E101 (Not Issued) 1. Add general note #1 as follows: 1. Provide two (2) extra poles for spare. LIST OF ATTACHMENTS 1. Section 00 41 10 - Revised Bid form END OF DOCUMENT ADDENDUM 2 0 2018 Stantec 1 193804214 0091 13 - 2 Stantec BIDDER: Egan Company DOCUMENT 00 41 10 REVISED BID FORM REVISED BY ADDENDUM 2 2018 42ND AVENUE NORTH STREET LIGHT IMPROVEMENTS CITY PROJECT NO. 1014 PROJECT NO. 193804214 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 Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum #1 No Dated June 5th, 2018 2 Dated June 12, 2018 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC-4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. REVISED BY ADDENDUM 2 © 2018 Stantec 1 193804214 0041 10 - 1 R REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for 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 Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 1 1.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units ON Unit Price Total Price BASE BID: 15, 000.00 15, 000. 00 i MOBILIZATION LS i $ $ 18000.00 , 18,000.00 2 TRAFFIC CONTROL LS 1 $ $ 3 REMOVE LIGHT FOUNDATION EA 30 $ 650.00 $ 19,500.00 1.00 15,000.00 4 REMOVE DIRECT BURIED LIGHTING CABLE IN CONDUIT LF 15000 $ $ REVISED BY ADDENDUM 2 © 2018 Stantec 1 193804214 0041 10 - 2 R REVISED BID FORM No. Item Units Qfy Unit Price Total Price 725.00 23,925.00 5 REMOVE LIGHTING UNIT EA 33 $ $ 8.00 26,400.00 6 REMOVE CONCRETE WALK SF 3300 $ $ 5.00 1,000.00 7 1.5"NQN-METALLIC CONDUIT LF 200 $ $ 1.50 28,500.00 8 UNDERGROUND WIRE 1 COND NO 6 LF 19000 $ $ 1.00 14,000.00 9 UNDERGROUND WIRE 1 COND NO 8 LF 14000 $ $ 10 LIGHT FOUNDATION DESIGN E - MODIFIED EA 13 $ 1,200.00 $ 15, 600.00 7,200.00 115,200.00 11 LIGHTING UNIT TYPE SPECIAL EA 16 $ $ 525.00 1050.00 12 SERVICE CABINET CONNECTION EA 2 $ $ 10.00 33,000.00 13 4" CONCRETE WALK SF 3300 $ , $ 12,500.00 12,500.00 14 LANDSCAPING LS 1 $ $ 500.00 12,500.00 15 SALVAGE EXISTING SIGN AND REINSTALL ON NEW LIGHT POST EA 25 $ $ 500.00 4,000.00 16 SALVAGE EXISTING SIGN AND REINSTALL ON NEW SIGN POST EA 8 $ $ 500.00 3,500.00 17 SALVAGE EXISTING SIGN AND RETURN TO OWNER EA 7 $ $ 20.00 7,000.00 18 RESTORATION SY 350 $ $ 4,000.00 8,000.00 19 SPARE POLE EA 2 $ $ TOTAL BASE BID $373,675.00 REVISED BY ADDENDUM 2 © 2018 Stantec 1 193804214 0041 10 - 3 R REVISED BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.13 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 Verificationa nd 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. SUBMITTED on June 15th If Bidder Is: A Corporation Egan Company Corporation Name: ._ (SEAL) Minnesota State of Incorporation: Type (General Business, Profession 1, Service, Limited Liability): Electrical Contractor By: (Signature) James H. Ford Name (typed or printed): CFO Title: Attest A�� (CORPORATE SEAL) Duane J. Hendricks ignature of Corporate Secretary) Business Street Address (No P.O. Box #'s): 7625 Boone Avenue N Brooklyn Park , MN 55428 763-544-4131 Phone No.: pll@eganco.com .f�' � SIM REVISED BY ADDENDUM 2 © 2018 Stantec 1193804214 0041 10 - 4 R REVISED BID FORM Name (typed or printed);. By: (SEAL) (individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Email.: A-P-artnershin Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Email.: END OF DOCUMENT REVISED BY ADDENDUM 2 0 2018 Stantec 1 193804214 00 41 10 - 5 R REVISED BID FORM This Page Left Blank Intentionally SECTION 00 41 13 BID FORM ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLUNCE PROJECT TITLE: 2018 420° AVENUE NORTH STREET LIGHT IMPROVEMENTS 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. 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, 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 193804214 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 32613. 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 363A36 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 193804214 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 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. Autho d Sigh tur of Owner 01• MCC]-: Printed Name: 1 � Bradley R. Drews Title: Date: Vice President June 15, 2018 Company Name: Egan Company Sworn to and subscribed before me this 15th Jay June 20�. d- arq — otaryPu C Jul'e A. Falstad My Commission Expires: 01- 31- 2 018 JIH.IE A. FALS AD NOTMlllll rYffXbWERE Minnesota Com Wm JiliM 31, 2022 ------------ ----------------------- ----._...-J 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 © 2018 Stantec 1 193804214 0041 13 - 3 ATTACHMENT A-1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE: 2018 42ND AVENUE NORTH STREET LIGHT IMPROVEMENTS 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) I office is located none at this time BID FORM ATTACHMENT A © 2018 Stantec 1 193804214 0041 13 - 4 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: 2018 42XQ AVENUE NORTH STREET LIGHT IMPROVEMENTS 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. ADDITIONAL SUBCONTRACTOR NAMES Name of city where company home (Legal name of company as registered with the Secretary of State) office is located none at this time BID FORM ATTACHMENT A © 2018 Stantec 1 193804214 0041 13 - 5 ADDITIONAL SUBCONTRACTOR NAMES Name of city where company home (Legal name of company as registered with the Secretary of State) 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. Auth .e4SIgnur Ower r fffcer: Printed Name: Bradley R.Drews Title: Date: Vice Preszdent June 15, 2018 Company Name: Egan Company Sworn to and subscribed before me this 15 thday of June , 20 18 N a yPublic Julie A. Falstad My Commission Expires: 01— 31— 2 018 © 2018 Stantec 1 193804214 -------------------------------------- '>1.y FF�l7tiflCR1:: ' Minnesota C�FMdA m Eou wary 39, 2022 --------------------- -------------------------- END OF SECTION BID FORM ATTACHMENT A 0041 13-b Bid Bond CONTRACTOR: (Name, legal status and address) Egan Company 7625 Boone Avenue North Brooklyn Park, MN 55428 OWNER: (Nmue, legal status and address) City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 BOND AMOUNT: 5% Document A310TM - 2010 Conforms with The American Institute of Architects AIA Document 310 SURETY: (Name, legal status and prlucipul place t)bteri►reva) Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 Mailing Address for Notices Five Percent of Amount Bid PROJECT: (Maine, location or address and Project munber, if a►tt) 2018 42nd Avenue North Street Light Improvements, City Project No. 1014 This document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves. their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such tine period as may be agreed to by the Otvncr and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the tennis of such bid, and gives such bond or bonds as may be specified in the bidding or Coixmct Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful perfonuancc of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof.. or (2) pays to the Owner the dit3erence, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perlimn the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and ellbct. The Surely hereby waives any notice ol'an agreement between the Owner and Contractor to extend the lime in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in lire aggregate beyond the lime lbr acceptance ol'bids specified in the bid documents, and the Owner and Contactor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this blond has been liimished to comply vvilh u statutory or other legal requirement in the locution ol'the Project, any provision in this Dond conllicting with said statutory or legal requirement shall be deemed deleted herelront and provisions conlbroning to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this ilond shall be construed as a statutory bond and not as a common law bond. Signed and scaled this 5th day of June, 2018. 1 1!f' ►ress) 'Rol' � -J W S-0054/AS 8/10 Eaan Camoan FPrirrctpal&—t,'77771 {Seel] B le) f CC r I Liberty Mutual Insurance Company 65a+ etpJ (Seal) l By; (nde) Michelle a terAttorney-in-Fact Corporate Acknowledgment STATE OF Minnesota ) ) ss COUNTY OF l ) On this 1 sth day(f June 2018 CJ� IC V &'j duly sworn, did say t t _he is the ►s Egan Company , before me personally appeared To me known, who being by me oqk of the corporation described in and which executed the foregoing instrument; that _he knows the seal of said corporation; that the seal is affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that _he signed his/her name thereto by like order. JU[.11EA. FALS AD Notary Public tlk�Waiuim Minnesota ary Public Sign t r„,•E*=h re}r31,2022 (Notary Seal) AcknowledlZment of Corporate Surety STATE OF Minnesota COUNTY OF On this isth Michelle Halter Hennepin } ) ss ) day of June 2018 before me appeared , to be known, who being by me duly sworn did say that (s)he is the aforesaid Attorney -in -Fact of the Liberty Mutual Insurance Company a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. r�Xj/t"rl- I Notary Public Signa ure (Notary Seal) ;;,,,• HEATHER R GDEDTEL Notary Public Minnesota My Commission Expires ,„. • Jan 31, 2023 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 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. Certificate No. 7796959 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Brian D. CaTenter, Craig Olmstead; Heather R. Goedt+at; Jessica Hoff; Jill N. Swanson; Laurie Pflug: Michelle Hatter: Nicole Langer all of the city of Minnea tts state of MN each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 12th day of June 2017 ytv Intl{z� L rwsuq 41�5u � 4�¢ r� ��'` +� The Ohio Casualty Insurance Company N o tRt� 1912 1991 ' Liberty Mutual Insurance Company 0 West merican Insurance Company x b� y 4CD 1 By > . STATE OF PENNSYLVANIA ss David M- Care �lasislsnt Secretary COUNTY OF MONTGOMERY On this 12th day of June 2017 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v v y Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes >, p 7 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 01 N > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. 0 Q a- N fig# PAs. COMMONWEALTH OF PENNSYLVANIA61 ,�onwpro�{r Notarial Seal w Teresa Pasteila, Notary Public By: .�C'k'�.-r LLGGUU����CC.�� O � Cnp ` Upper MerionTwp., Montgomery County Teresa Pastella, Notary Public 3 My Commission Expires March 28, 2021 Ira ai O V Ay r+ Member. Pennsylvania Assot:iafien of Notaries d n3 C M This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 0 p y"; Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Z CAN 4- pi m ARTICLE IV- OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O O a; to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, O acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E y powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so 47 `Ore executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney -in -fact under > the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. (D ++ ARTICLE XIII -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president00 , > and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, M O seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their ro Z L) respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O G oxecttted such instruments Shalt be as binding as if slgned by the president and attested by the secretary. v T- O Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Director%, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned. Assistant Secretary, The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Aitomey executed by said Companies, is in full force and effect and has not been revoked - IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ✓ day of .20 apy.(Y iNSrj ��PL S�NSupI�r 1912. 1991 By: - - a 1 a w i' + Renee C. -frewO ssrstant Secretary 254 of 500 LMS 12873_022017 Office of the Minnesota Secretary of State Certificate of Good Standing I, Steve Simon, Secretary of State of Minnesota, do certify that: The business entity listed below was filed pursuant to the Minnesota Chapter listed below with the Office of the Secretary of State on the date listed below and that this business entity is registered to do business and is in good standing at the time this certificate is issued. Name: Date Filed: File Number: Minnesota Statutes, Chapter: Home Jurisdiction: This certificate has been issued on: Egan Company 07/01/1986 5H-81 302A Minnesota 06/13/2018 PAr� (Px"� Steve Simon Secretary of State State of Minnesota 4/23/2018 License lookup DEPARTMENT OF LABOR AND INDUSTRY License/Certificate/Registration Detail Class Type: CONTRACTOR REGISTRATION Number: IR675560 Application No: 327647 Status: ISSUED Expire Date: 12/31/2019 Effect Date: 1/1/2018 Orig Date: 12/20/2013 Print Date: Enforcement NO Action: Workplace N/A Experience: Name: EGAN COMPANY Address: 7626 BOONE AVE NORTH BROOKLYN PARK, MN 66428 Phone: Fax: Other: A CONTRACTOR REGISTRATION IS NOT A LICENSEI Contractor Registration Ig required for building contractors that are not licensed or required to be licensed by DU, but it is not Intended to provide any lovef of consumer prolectlon. To verify the status of licensed residential contractors, remodelers, and roofers, search under the Resldentlat Contractors "Discipline" on the llcense lookup tool Another Lookup? https://secure.doll.state.mn.usAookup/licensing.aspx 1/1 y M1NiJE567/ pEPAR7MCN7QP CLASS A ELECTRICAL CONTRACTOR i Z; & INDUST.ftRY COnS"CtOa C040S and Llcenshg DiAslon Licensing end Cariiliealion Services 4431.afayelte Road N Si. Pool, MN 55155 Wehsito: ww w.dfr,mn.agvlCcld.asn EmaH: d&.IfcerraaCdsfais�mn us Phone; 651.284.51)34 This is to certify that the certificate holder ig licensed as a CLASS A ELECTRICAL CONTRACTOR in the state of Minnesota and is in compliance with Minnesota Statutes 32613.33, Subd. 14, and may perfarrh or offer to perform any electdoal Work in a I I areas of the stato daring the license period; provided the responsible individual is at all times a MASTER A ELECTRICIAN and the certificate holder maintains compliance with the required bond, general liability insttrancc, and workers' compensation laws. License CLASS A ELECTRICAL CONTRACTOR L Lic Number : EA000572 EGAN COMPANY I Effective Date : 03/01/2018 7625 BOONE AVE NO L Expiration Date : 0212912020 i3ROOKLYN PARK, MN 55428 c T VERIFY UP-TO-DATE STATUS, BOND, AND INSURANCE INFO AT www.dli. n. o►+ cul /LicV r f .a (ENTER NUMBER), Minnesota Department of HUMAN RIGHTS CERTIFICATE OF DUAL PAY EGAN COMPANY is hereby awarded a Certificate of Equal Pay by the Minnesota Department of Human Rights. This certificate is valid from 08/05/2014 to 0810412018. This certification is subject to revocation or suspension prior to its expiration if the Department issues a finding of noncompliance. Minnesota Department of Human Rights FOR THE DEPARTMENT BY: M.- Kevin M. Lindsey, Commissioner AN EQUAL OPPORTUNITY EMPLOYER Freeman Building • 625 Robert Street North - Saint Paul, Minnesota 55155 Tel 651.539.1100 • MN Relay 711 or 1.800.627.3529 • Toll Free 1.800.657.3704 • Fax 651.296,9042 • mn.gov/nidhr Minnesota Department of HUMAN RIGHTS ERTIFICATE COMPL EGAN COMPANY is hereby certified as a contractor by the Minnesota Department of Human Rights. This certificate is valid from 12/18/2014 to 12/17/2618. This certification is subject to revocation or suspension prior to its expiration if the department issues a finding of noncompliance or if your organization fails to make a good faith effort to implement its affirmative action plan. Minnesota Department of Human Rights FOR THE DEPARTMENT BY: ('�-M'k Kevin M. Lindsey, Commissioner AN EQUAL OPPORTUNITY EMPLOYER Freeman Building • 625 Robert Street North ■ Saint Paul, Minnesota 55155 Tel 651.539.1100 a MN Relay 711 or 1.800.627.3529 • Toll Free 1.800.657.3704 • Fax 651.296.9042 0 mn.govlrndhr !: i 11 Ii Building on Promieee Kupt l February 1, 2018 To Whom It May Concern: MECHANICAL ELECTRICAL ENGINEERING & DESIGN CURTAINWALL/GLAZING/ PANEL SYSTEMS (INTERCLAD) MILLWRIGHTS FABRICATION BUILDING SYSTEMS CONTROLS & SYSTEM INTEGRATION SERVICE The following leaders are authorized to sign any and all bid, contract and bond documents on behalf of Egan Company. ® Duane J. Hendricks, President & CEO Timothy E. Woolworth, Senior Vice -President— -- - James H. Ford, Chief Financial Officer James P. Nonn, Chief Information Officer Mark P. Broadwater, Vice President Brad R. Drews, Vice President Ross A. Noak, Vice President John D Reber, Vice President Bret R. Young, Vice President Sincerely, Duane J. He Bricks President & CEO Egan Company 7625 Boone Avenue N Brooklyn Park, MN 55428 DJH:jed BROOKLYN PARK /i CHAMPLIN // ROCHESTER // AUSTIN 763.544,4131 Project Manual For 2018 42nd Avenue North Street Light Improvements Prepared for: City of New Hope, Minnesota City Project No. 1014 (31. Stantec May 2018 Stantec Project No. 193804214 DOCUMENT 00 91 13 ADDENDUM 1 2018 42ND AVENUE NORTH STREET LIGHT IMPROVEMENTS CITY PROJECT NO. 1014 PROJECT NO. 193804214 NEW HOPE, MINNESOTA June 5, 2018 Number of Pages: 2 (includes this sheet) To: All Planholders of Record From; Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4896 - Mike Fitzpatrick, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at Shirley. Lovell�.'stantec.com as soon as you receive it. Egan Company Company ame 0 2018 Stantec 1 193804214 June 5, 2018 Date ADDENDUM 1 0091 13- 1 Division SL - SUPPLEMENTAL LIGHTING 1. Page 4-SL. Replace Paragraph SL-2.2.E with the following: E. Lighting Unit Type Special Lighting Unit shall be as follows: Luminaire shall be a post top acorn fixture with the following features Traditional acorn shaped luminaire. Borosilicate glass refractor and top reflector with an IES type III distribution. Cas aluminum housing with stainless steel spring clips. Polyester power painted bronze finish 80W, 420mA driver 4000 K CCT Auto Sensing voltage (120 V Thru 277 V) Modern style swing open design housing. Ribs and band trim Clear final Full cover Holophane Granville II LED Utility Premier Utility Series: GPD2 P30 40K AS M BZ 3 R S BZ C, or Pre -Approved Equal. The pole shall be an aluminum pole with the following features One piece aluminum pole with classic tapered and fluted base. Dimensions as shown on the drawings (16 foot tall) L-type anchor bolts shall be provided. Pole shaft shall be the SiteLink style pole with mounting channels. Base shall be 16" round Finish shall match luminaire. Provide weatherproof while in use receptacle with mounting height as shown on the drawing. Finish shall match the luminaire and pole. Provide banner arms as shown on the drawings. Holophane Charleston: CHA 16 L5J 16 P07 LAB BZ R(XX)*A FGIUS-SBZH, or Pre -Approved Equal. (XX)* = Refer to drawings for receptacle height. Receptacle: Holophane FGIUS-SBZH, or Pre -Approved Equal. Banner Arms: Holophane 4BA24 H 1 BO EB/BO CA/BZ, or Pre -Approved Equal. Coordinate and provide anchor bolts as required per manufacturers recommendation. All pole installations shall be capable of withstanding the forces produced by 90-mph winds with a 1.3-gust factor and the total number of luminaires and additional equipment required per pole including but not limited to luminaires, banners, receptacles, signs as shown on the drawings. LIST OF ATTACHMENTS 1. None END OF DOCUMENT ADDENDUM 1 02018 Stantec 1 193804214 0091 13-2 DOCUMENT 00 91 13 ADDENDUM 2 2018 42ND AVENUE NORTH STREET LIGHT IMPROVEMENTS CITY PROJECT NO. 1014 PROJECT NO. 193804214 NEW HOPE, MINNESOTA June 12, 2018 Number of Pages: 7 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4896 - Mike Fitzpatrick, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at Si�ir.ley.Lovell@stantec.com as soon as you receive it. Egan Company ■„ Company Name © 2018 Stantec 1193804214 June 12, 2018 Date ADDENDUM 009113-1 Project Manual Changes: Section 00 41 10 - Bid Form 1. Delete this in its entirety and replace with attached Specification Section 00 41 10 - Revised Bid Form. Section 00 73 05 - SUPPLEMENTARY CONDITIONS 1. Page 00 73 05 - 4. Replace Article 13 - Test and inspections; Correction, Removal or Acceptance of Defective Work, Paragraph SC-13.07.A with the following: SC-13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "three years." Division SL - SUPPLEMENTAL LIGHTING 1. Page 3-SL. Paragraph SL-2.2.E Replace the following: "Clear final" shall be replaced with "Standard finial": 2. Page 3-SL. Add Paragraph SL-2.2.F with the following: F. Warranty Manufacturers Luminaire Warranty: The commercial outdoor light emitting diode (LED) fixtures, including the LED arrays and the LED drivers and integral control devices shall be free from defect in material and workmanship for a period of five (5) years. The LED arrays in the luminaire will be considered defective in material or workmanship if a total of 15% or more of the individual light emitting diodes in the luminaire fail to illuminate. The painted finish shall be considered defective in material or workmanship if there is substantial deterioration in the form of blistering, cracking, or peeling (not including fading or chalking). Manufacturers Pole Warranty: The poles shall be free from defect in material and workmanship for a period of two (2) years. The paint finish shall be considered defective in material or workmanship if there is substantial deterioration in the form of blistering, cracking, or peeling (not including fading or chalking) 3. Page 7-SL. Add Paragraph SL-2.4.A.1.j with the following: j. Spare poles: Per Each Drawings Sheet - E101 (Not Issued) 1. Add general note # 1 as follows: 1. Provide two (2) extra poles for spare. LIST OF ATTACHMENTS 1. Section 00 41 10 - Revised Bid form END OF DOCUMENT 02018 Stantec 1 193804214 ADDENDUM 2 0091 13-2 3 (ED 4241 Request for Action June 25, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Development & Planning Item Number 8.3 Agenda Title Resolution rejecting bids for the 2018 42nd Avenue Street Light Replacement (Improvement Project No. 1014) Requested Action Staff is recommending that Council pass a resolution rejecting the bids for the replacement of the street lights on 42nd Avenue between Winnetka and Louisiana avenues. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The city -owned streetlights on 42nd Avenue North, east of Winnetka Avenue North, are identified in the 10- year CIP for replacement in 2018. There are currently 24 city -owned light poles that are 30-feet tall on 42nd Avenue between Winnetka and Louisiana avenues. There are also seven decorative light poles that are 14-feet tall in this area. These lights were installed in 1998. Some lights are no longer functional, the poles are deteriorating and the installation and maintenance of streetlight banners is difficult and sometimes impossible. The lighting plan was prepared by the engineer to best utilize the existing infrastructure while replacing the aged light poles. Sixteen new pedestrian scale decorative lights are proposed, the same lights that are installed on Xylon Avenue at the City Center. The three additional lights will be added near the railroad bridge; one on the north side of 42nd Avenue and two on the south side of 42nd Avenue. When possible, conduit, wiring and structural bases will be reused. All unused light bases and conduit will be removed. The city received four bids at the bid opening on the June 15, 2018. The low bid contractor, Premier Electrical Corporation submitted a Total Base Bid Amount of $284,275.76. The Engineer's Opinion of Probable cost for this project was $205,000.00. Due to the extra expense, staff recommends that Council not award the contract to the low bidder. This project could be combined with the potential street lighting improvements currently in planning stages on 42nd Avenue between Winnetka and Xylon in 2019. By increasing the overall scope of work costs for individual portions of the project may be reduced. Staff will also be researching different available lighting options to reduce cost while still matching the Xylon Avenue lights as closely as possible. Staff would bring any alternate lighting options to Council for approval. I:\RFA\PUBWORKS\2018\Council\1014 42nd Avenue Lighting\4-26 Authorize prep of plans and specs Funding Funding for $225,000 in street lighting improvements is identified in the 2018 CIP. There is an additional $135,000 in the 2019 CIP for the street lighting improvements on 42nd between Winnetka and Xylon avenues. These projects could potentially be combined into one project in 2019. Attachments • Resolution Memorandum by City Engineer Bid Tab City of New Hope Resolution No. 18 -80 Resolution rejecting bids for the 2018 42nd Avenue Street Light Replacement (Improvement Project No. 1014) WHEREAS, the city engineer has identified the need for infrastructure improvements specified in the 2018 CIP; and, WHEREAS, plans and specifications for the 2018 42nd Avenue Street Light Replacement Project No. 1014 have been prepared by consultant engineers, Stantec, and approved by Council; and, WHEREAS, the city received bids that exceeded the 2018 CIP budget; and, WHEREAS, sufficient funding is not available at this time and the contract will not be awarded. NOW, THEREFORE, BE IT RESOLVED: 1. That the contract of public improvement project no. 1014, the 2018 42nd Avenue Street Light Replacement Project, is not awarded and the project will not proceed. 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, He epin County, Minnesota, this 25th day of June, 2018. Mayor Attest: iL City Clerk Stantec Stantec Consulting Services Inc. 2335 Highway 36 West, St. Paul MN 55113 June 19, 2018 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2018 42nd Avenue North Street Lighting Improvements City Project No. 1014 Stantec Project No. 193804214 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the 2018 42nd Avenue North Street Lighting Improvements project on June 15, 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 4 Bids. The following summarizes the results of the Bids received: Confractor Total 3 ase Bid Low Premier Electrical Corporation $284,275.76 #2 Granite Ledge Electrical Contractors, Inc. $298,968.91 #3 Killmer Electric Co., Inc. $314,920.00 #4 Egan Company $373,675.00 The low Bidder on the Project was Premier Electrical Corporation with a Total Base Bid Amount of $284,275.76. This compares to the Engineer's Opinion of Probable Cost of $205,000.00. 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 Premier Electrical Corporation should be awarded the Project on the Total Base Bid Amount of $284,275.76. Should you have any questions, please feel free to contact me. Sincerely, STANTEC CONSULTING SERVICES INC. Kellie M. Schlegel, P.E. Enclosure esign with community in rain S} Project Name: 2018 42nd Avenue Street North Lighting Improvements I hereby certify that this is an exact antes reproduction of bids received. City Project No.: 1014 Stantec Project No 193804214 Bid Opening: Friday, June 15, 2018 at 10 A.M., CDT Owner: City of New Hope, MN -'-*- Kellie M. Schlegel, PE License No. 46200 Bidder No. 1 Bidder No. 2 Bidder No. 3 Bidder No. 4 BID TABULATION Premier Electrical Corporation Granite Ledge Electrical p Contractors, Inc. Killmer Electric Co., Inc. Egan Company Rem Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total 8 BID 1 MOBILIZATION LS 1 2 TRAFFIC CONTROL LS 1 3 REMOVE LIGHT FOUNDATION EA 30 4 REMOVE DIRECT BURIED LIGHTING CABLE IN LF 15000 CONDUIT 5 REMOVE LIGHTING UNIT EA 33 6 REMOVE CONCRETE WALK SF 3300 7 1.5' NON-METALUC CONDUIT LF 200 8 UNDERGROUND WIRE 1 COND NO 6 LF 19000 9 UNDERGROUND WIRE 1 COND NO 8 LF 14000 10 LIGHT FOUNDATION DESIGN E-MODIFIED EA 13 11 LIGHTING UNIT TYPE SPECIAL EA 16 12 SERVICE CABINET CONNECTION EA 2 13 4"CONCRETE WALK SF 3300 14 LANDSCAPING LS 1 15 SALVAGE EXISTING SIGN AND REINSTALL ON NEW EA 25 LIGHT POST 16 SALVAGE EXISTING SIGN AND REINSTALL ON NEW EA 8 SIGN POST 17 SALVAGE EXISTING SIGN AND RETURN TO OWNER EA 7 18 RESTORATION SY 350 19 SPARE POLE EA 2 TOTAL BASE BID Contractor Name and Address:] $12,053.98 $12,053.98 $3,101.23 $3,101.23 $21,000.00 $21,000.D0 $15,000.00 $15.DD0.00 $10,983.42 $10.983.42 $11,632.72 $11.632.72 $7,500.00 $7,500.00 $18,000.00 $18,000.00 $561.73 $16,851,70 $474.35 $1030,50 $975.00 $29,250A0 $650.00 $19,500.00 $0.26 $3,900.00 $0.72 $IOAD0.00 $0.60 $5.000A0 $1.00 $151000.0D $167.67 $5,533.11 $206.75 $d,822.75 $260.00 $8,580.00 $725.00 $21925.00 $3.49 $11,517.00 $4.23 $13,959A0 $3.10 $10,230.00 $8.00 $26,40000 $13.78 $2.756,00 $6.99 $1,398.00 $12.00 $2.400.00 $5.00 $1,000.00 $1.09 $20,710.00 $1.33 $25,270.00 $1.30 $24.700.00 $1.50 $28,5D0.00 $0.88 $12,320.00 $1.11 $15.540.00 $1.12 $15,68D.00 $1.00 $14.000.00 $97164 $12,631.32 $912.43 $11,861S9 $960.00 $12,480,00 $1,200.00 $15.600J70 $7,146.91 $114.350.54 $7,220.25 $115-524.100 $6,870.00 $109,920.00 $7,200.00 $115.200,00 $716.90 $1,433,80 $1,125.43 $2,2MR6 $650.00 $1,300.00 $525.00 $1 A50.0D $11.62 $38.346,00 $8.09 $26,697AD $11.00 $36,300AD $10.00 $33,D00.00 $6,545,83 $6.545M $6,569.20 $6,569.20 $6,500.00 $6,500JJ0 $12,500.00 $12,500J]D $145.26 $3,63150 $152.14 $3.803SD $144.00 $3,600.00 $500.00 $12,50DJX1 $174.31 $1,394.48 $182.57 $i,460.56 $175.00 $1.400.00 $500.00 $4,000.00 $58.10 $406,70 $60.86 $426.02 $60.00 $420.00 $500.00 $3,500A0 $2.49 $871.50 $40.15 $14.052-56 $20.00 $7.000J70 $20.00 $7,00040 4019.33 $8,038.661 $6,784.74 $13,569.48 $3,830.00 $7.660JJ0 $4,000.00 $8.000J]Lt Premier Electrical Corporation 4401 85th Avenue North Brooklyn Park, MN 55443-1937 Phone: 763-424-6551 Email: ibachmanC Signed By Coen Olson Title: President Signed Responsible Contractor CerliTicate: Yes Bid Security; Bid Bond Addenda Acknowledaed:I 1 and 2 1938D4214-Bid Tab Granite Ledge Electrical Contractors, Inc. 15436 130th Street Foreston, MN 56330 320-2945557 It Lhand30aranMeledaeelech Rhonda J. Brown President Yes Bid Bond 1 and 2 BT-1 Killmer Electric Co., Inc. 5141Lakeland Ave.N. Cmtol. MN 55429 Brian Palmer President vE5 Bid Bond 1 and 2 Egan Company 7625 Boone Avenue N. Brooklyn Park, MN 55428 763-544-4131 DIt(menanco.com James H. Ford Bid Bond 1 and 2 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 05/24/2018 and the last insertion being on 05/24/2018. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the ' newspaper's circulation is in the latter county. By: v tnot- 1 � 't-- Designated Agent Subscribed and sworn to or affirmed before me on 05/24/2018 by Darlene MacPherson. ---------------------------------- MARY ELIZABETH KNAPP NOTARY PUBLIC • MINNEBOTA My Commission Expires Jan. 31 2023 f k Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 818138 CITY OF NEW HOPE ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CDT, Friday, June 15, 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: 241592ndAvenue _Street Lighting Improvement - City Pro] rgjyg,. 1014 In general, Work consists of the following approximate quantities: 33 EA Remove Lighting Unit 30 EA Remove Concrete Base 20,000 LF Remove Wire 16 EA Lighting unit 13 EA Concrete Base 32,500 LF XHHW Wire (#6 and #8 AWG) 2 EA Service Cabinet Connection 100 SF Sign Panels, Type C 3300 SF Concrete Walk 200 SY Restoration Complete digital Bidding Documents are available at www.questcdn. corn for $20 by inputting QuestCDN eBidDoc #5780143 on the web - site'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, Mike Fitzpatrick, at (651) 604-4896. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota Published in the New Hope -Golden Valley Sun Post May 24, 2018 818138 Request for Action May 14, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Development & Planning Item Number 8.1 Agenda Title Resolution approving plans and specifications and authorizing the advertisement for bids for the 2018 42nd Avenue Street Light Replacement (Improvement Project No. 1014) Requested Action Staff is recommending that Council pass a resolution approving plans and specifications and authorizing the advertisement for bids regarding the replacement of the street lights on 42nd Avenue between Winnetka and Louisiana avenues. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The city -owned streetlights on 42nd Avenue North, east of Winnetka Avenue North, are identified in the 10- year CIP for replacement in 2018. There are currently 24 city -owned light poles that are 30-feet tall on 42nd Avenue between Winnetka and Louisiana avenues. There are also seven decorative light poles that are 14-feet tall in this area. These lights were installed in 1998. Some lights are no longer functional, the poles are deteriorating and the installation and maintenance of streetlight banners is difficult and sometimes impossible. The attached lighting plan was prepared by the engineer to best utilize the existing infrastructure while replacing the aged light poles. 16 new pedestrian scale decorative lights are proposed, the same lights that are installed on Xylon Avenue at the City Center. The three additional lights will be added near the railroad bridge; one on the north side of 42nd Avenue and two on the south side of 42nd Avenue. When possible, conduit, wiring and structural bases will be reused. All unused light bases and conduit will be removed. The attached photometric rendering shows the new LED lighting coverage of the area. The proposed project schedule is: • Approve plans and specifications, and authorize bids May 14, 2018 • Receive bids June 15, 2018 • Award bid June 25, 2018 • Finish construction in spring/summer of 2018 • Final project closeout in fall 2018 Funding Funding for $225,000 in street lighting improvements is identified in the 2018 CIP. The engineer estimates that the total project will cost approximately $220,000 which includes construction cost, incidentals and indirect. I:\RFA\PUBWORKS\2018\Council\1014 42nd Avenue Lighting\4-26 Authorize prep of plans and specs Attachments • Resolution • Memorandum by City Engineer • Lighting Plan • New Lights diagram City of New Hope Resolution No. 18 - 6 9 Resolution approving plans and specifications and authorizing the advertisement for bids for the 2018 42nd Avenue Street Light Replacement (Improvement Project No. 1014) WHEREAS, the city engineer has presented plans and specifications for the 2018 42nd Avenue Street Light Replacement to the City Council for approval; and, WHEREAS, the City Council approves of the plans and specifications of the proposed 2018 42nd Avenue Street Light Replacement (Improvement Project No. 1014); and, WHEREAS, the City Council authorizes the advertising for contractor bids for the completion of the proposed 2018 42nd Avenue Street Light Replacement (Improvement Project No. 1014), NOW, THEREFORE, BE IT RESOLVED: 1. Plans and specifications of the proposed 2018 42nd Avenue Street Light Replacement (Improvement Project No. 1014), heretofore prepared by the City Engineer, have this day been presented to the Council and such plans and specifications are hereby approved, and a copy thereof shall be placed on file in the office of the City Clerk. 2. The City Council authorizes the advertisement for bids. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 14th day of May, 2018. Mayor Attest: "!.0 City Clerk (� Stanter May 8, 2018 File: 193804214 Attention: Bernie Weber Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Reference: 42nd Ave. N. Street Light Improvements - Approve Plans and Specifications; Authorize to Bid City Project No.: 1014 Dear Bernie, As requested, we have prepared plans and specifications for the replacement of street lights on 42nd Avenue North between Winnetka Avenue and Louisiana Avenue. The proposed plans described below will be presented at the May 14th Council Meeting. Attached are the detail plans and the proposed new lights which are shown in red on the location plan. The complete plan set is available at City Hall for review. Proposed Street Light Plans: The proposed plans include reducing the amount of street lights on 42nd Avenue North between Winnetka and Louisiana Avenues and replacing with new decorative pedestrian lights spaced further apart. New lights will be installed at existing light base locations and will utilize existing conduits, wiring, and bases to the extents possible. Below are the details describing the plans: • Remove 33 existing street and pedestrian lights o Average approximate 80' spacing between lights • Install 16 decorative pedestrian lighting (same lights on Xylon/45th Avenues as shown in the photo to the right) on 42nd Avenue North o Average approximate 180' spacing between lights • Remove 17 light bases, install conduit/wiring, replace areas with grass. • Estimated Project Cost - $220,000 • Lighting Photometrics: The new lights will be spaced further apart than existing and will provide pedestrian lighting only (not designed to meet street lighting standards on 42nd Avenue North). r May 8, 2018 Mr. Bernie Weber Page 2 of 2 Reference: 42nd Ave. N. Street Light Improvements - Approve Plans and Specifications; Authorize Bids If Council accepts the information presented and chooses to move forward with this project, we recommend that the Council approve plans and specifications and authorize bids at the May 14th Council Meeting. Bids could be received in June of 2018 and a contract considered at the June 25th Council Meeting. Construction could be completed in late summer and fall of 2018. If you have any questions or require further information, please call me at (651)604-4808. Sincerely, STANTEC aA404 00. Christopher W. Long, P.E. Attachments: Proposed Lighting Location Plan and Detail Plan Sheet (E1.01 & E8.01). Cc: Kirk McDonald, Valerie Leone, Jeff Sargent, Jeff Alger, Andrew Kramer, Megan Albert, Shawn Markham, Dave Lemke - New Hope; Mike FitzPatrick, Kellie Schlegel, Adam Martinson, Ann Dienhart - Stantec I I � -- t O --` t -�� ti I WINNETKA AVE - - •' 1 i fJ `1 I I j"L- It LJOREGON AVE N QryL"—_-_--_'O I rL-- I I+ I y +-___'__ Q IL E I -- - I i r- NEVADA AVE N i S f IF, 1 AV RHODE ISLAND AVE N ---------------------- *r� 1 ir- 1 Z 1 = I 60 I L J I ado r--,--- -- -_«- 1 r�1 A I T ; 1 I I --�i---------- OOUEBEC AVF N 1 1 dl II �♦1 d 1 MARYLAND AVE N. --..---«~-~ 1 ` Irc " % { I I d 1 y l � � � � t o C I L J r —� 0 I I i 1 - °,�-- i I - ' L--J L I I � 00 ��-- _ r � x y © LOUISIANA AVE N. -- -- - -� i m A �# 42ND AVE NEW HOPE, MINNESOTA .�" Stantec O STREET LIGHTING IMPROVEMENTS �••'•-"'a zass xlem.a�cw LIGHTING PLAN ■ £ND AVENS HOPE, yNN ems 2ntec § me mein IMPROVEMENTS � .. : ELECTRICAL SCHEDULES & DFIAItS Request for Action April 23, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Work Session Item Number 8.2 Agenda Title Resolution authorizing preparation of plans and specifications for the 2018 42n1 Avenue Street Light Replacement (Improvement Project No. 1014) Requested Action Staff is recommending that Council pass a resolution authorizing plans and specifications regarding the replacement of the street lights on 42nd Avenue between Winnetka and Louisiana avenues. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The city -owned streetlights on 42nd Avenue North, east of Winnetka Avenue North, are identified in the 10- Year CIP for replacement in 2018. There are currently 24 city -owned light poles that are 30 feet tall on 42nd Avenue between Winnetka and Louisiana avenues. There are also seven decorative light poles that are 14 feet tall in this area. These lights were installed in 1998. Some lights are no longer functional, the poles are deteriorating and the installation and maintenance of streetlight banners is difficult and sometimes impossible. The attached concept lighting plan was prepared by the engineer to best utilize the existing infrastructure while replacing the aged light poles. Originally the engineer had recommended 13 new lights be installed, but after receiving comments at the 4/16 work session, 16 new pedestrian scale decorative lights are proposed, the same lights that are installed on Xylon Avenue at the city center. The three additional lights will be added near the railroad bridge; one on the north side of 42nd Avenue and two on the south side of 42nd Avenue. When possible, conduit, wiring and structural bases will be reused. All unused light bases and conduit will be removed. The attached photometric rendering shows the new LED lighting coverage of the area. Funding Funding for $225,000 in street lighting improvements is identified in the 2018 CIP. The engineer estimates that the total project will cost approximately $250,000. The potential overrun is due to the additional 3 lights requested by Council. AEM, the city's financial consultant, has confirmed that there is adequate funding in the street light fund to cover the additional cost. Attachments ■ Resolution Memorandum by City Engineer Lighting Concept Plan I:\RFA\PUBWORKS\2018\Council\1014 42nd Avenue Lighting\4-26 Authorize prep of plans and specs City of New Hope Resolution No. 18 - 64 Resolution authorizing preparation of plans and specifications for the 2018 42nd Avenue Street Light Replacement (Improvement Project No. 1014) WHEREAS, the city of New Hope has funding in the 2018 CIP for the replacement of the streetlights on 42nd Avenue; and, WHEREAS, the city engineer has presented a proposal for the creation of plans and specifications for the replacement of the street lights on 42nd Avenue, and has presented this proposal to the City Council for authorization. NOW, THEREFORE, BE IT RESOLVED: 1. The Council authorizes the preparation of plans and specifications for the replacement of the streetlights on 42nd Avenue. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 23rd day of April, 2018. Mayor Attest: City Clerk (I Stanter April 17, 2018 File: 193804214 Attention: Bernie Weber Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Reference: 42nd Ave. N. Street Light Improvements - Authorize Plans and Specifications City Project No.: 1014 Dear Bernie, As discussed with the City Council at the April 16th Work Session, we have developed concept plans for the replacement of street lights on 42nd Avenue North between Winnetka Avenue and Louisiana Avenue. Following the Work Session, lighting was further reviewed, and staff and engineering identified three additional lights to be installed near the railroad crossing location (16 total new lights). The proposed concept plan described below will be presented at the April 23rd City Council Meeting, and we are requesting authorization to prepare plan and specifications. Proposed Street Light Concept Plans (see attached concept plans): The proposed concept plans include reducing the amount of street lights on 42nd Avenue North between Winnetka and Louisiana Avenues and replacing with new decorative pedestrian lights spaced further apart. New lights will be installed at existing light base locations and will utilize existing conduits, wiring, and bases to the extents possible. Below are the details describing the concept plans: • Remove 33 existing street and pedestrian lights o Average approximate 80' spacing between lights • Install 16 decorative pedestrian lighting (same lights on Xylon/45th Avenues as shown in the photo to the right) on 42nd Avenue North o Average approximate 180' spacing between lights • Remove 17 light bases, install conduit/wiring, replace areas with grass. ■ Estimated Project Cost - $250,000 • Lighting Photometrics: The new lights will be spaced further apart than existing and will provide pedestrian lighting only (not designed to meet street lighting standards on 42nd Avenue North). Design with community in mind , April 17, 2018 Mr. Bernie Weber Page 2 of 2 Reference: 42nd Ave. N. Street Light Improvements - Authorize Plans and Specifications If Council accepts the information presented and chooses to move forward with this project, we then recommend that the Council authorizes the preparation of plans and specifications at the April 23rd Council Meeting. Bids could be received in June of 2018 and a contract considered at the June 25th Council Meeting. Construction could be completed in late summer and fall of 2018. If you have any questions or require further information, please call me at (651)604-4808. Sincerely, STANTEC Christopher W. Long, P.E. Attachments: Proposed Concept Plans. Cc: Kirk McDonald, Valerie Leone, Jeff Sargent, Jeff Alger, Andrew Kramer, Megan Albert, Shawn Markham, Dave Lemke - New Hope; Mike FifzPatrick, Kellie Schlegel, Adam Martinson, Ann Dienhart - Stantec (,' f 0 `! Alf___777III II i ' i f _ _ n I d to D i li r,T L-! og�} J 11, I � I � � •� 1 '� i1 - I '� •p• ! U 1 err 1 � 1 •.L4'. +N Y , l R lLX * AW N. 1 ! 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